THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

                                                                                                                            

 

TO:                                  The Higher Education and Professional Practice Committee

 

FROM:                             Johanna Duncan-Poitier

 

SUBJECT:                        Report of the Committee on the Professions Regarding Licensing Petitions

 

DATE:                              November 15, 2005

 

STRATEGIC GOAL:         Goal 3

 

AUTHORIZATION(S):

 

 

Executive Summary

 

 

Issue for Decision (Consent Agenda)

 

          Should the Regents approve the recommendations of the Committee on the Professions pertaining to licensing petitions as listed on the attachment?

 

Proposed Handling

 

          The question will come before the Higher Education & Professional Practice Committee at its December 2005 meeting where it will be voted on and action taken.  It will then come before the Full Board at its December 2005 meeting for final action.

 

Procedural History

 

          Section 6506(5) of the Education Law and Part 24.7 of the Rules of the Board of Regents authorizes the Regents to waive education, experience and examination requirements for a professional license as well as confer the degree Doctor of Medicine.

 

Background Information

 

          There are 19 licensing petitions and 5 requests for the conferral of the degree Doctor of Medicine for review and approval.

 

 


Recommendation

 

It is recommended that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.

 

Timetable for Implementation

 

          Approval of the Committee on the Professionsí recommendations will be effective December 9, 2005.


 

 

Cases Presented to Board of Regents on:  December 9, 2005                                                                                 SUMMARY REPORT

 

 

PROFESSION

EDUCATION

EXAMINATION

 

 

Experience

Confer Degree Doctor of Medicine

 

 

Three-Year

Limited License

Pre-Professional

 

Professional

Post-Graduate

 

Proficiency

 

Licensing

Architecture

 

 

 

 

05-28-03

to

05-33-03

 

 

 

Certified Public Accountancy

 

 

 

 

 

05-04-07

 

 

 

Pharmacy

 

 

 

 

 

 

 

 

05-29-21

to

05-35-21

 

Dentistry

 

 

 

 

 

 

 

 

 

05-19-59

Physical Therapy

 

 

 

 

 

05-03-62

 

 

 

Veterinary Medicine

 

 

 

 

 

 

 

05-25-74

to

05-26-74

 

Podiatry

 

 

 

 

 

05-01-65

 

 

 

Medicine

 

 

 

 

 

 

05-133-60C

to

05-137-60C

 

 

OTHER:  

 

 

 

 

Total for fiscal year to date:          232

 

Total for calendar year to date:    272

 


ARCHITECTURE

 

Petition for: Waiver of New York State requirements pertaining to acceptability of licensing examinations for licensure by endorsement.

 

Summary Statement:  The petitioners listed below are all graduates of professionally accredited architecture programs who have applied for licensure in New York.  All have achieved, at a minimum, a Bachelor of Architecture degree.  All petitioners have substantial documented licensed experience in other states.

 

          Prior to 1983, certain states did not require the Equivalency Examination (EE) or the Qualifying Test (QT) if a candidate had a degree from an accredited architecture program, and granted licensure upon passage of the Professional Examination (PE).  Prior to 1975, most states recognized the Examination Syllabus (ES).  The petitioners  passed either the national Professional Examination (PE) given prior to 1983, or portions of the national Examination Syllabus (ES) given prior to 1975.  Prior to 1983, New York State required passage of the Equivalency Examination (EE), or passage of the Qualifying Test (QT) in addition to passage of the national Professional Examination.  Each of the petitioners satisfied the examination requirement in his/her initial state of licensure by passing an acceptable licensing examination and attained licensure in that state.

 

          Section 7304(4) of Education Law and Section 69.3 of the Commissionerís Regulations require for endorsement that ďÖ an architect licensed in another state or jurisdiction as the result of successful completion of only the professional examination in use before 1983 may be granted licensure upon presentation of evidence of two years of work experience of a grade and character satisfactory to the State Board for Architecture and passage of a practical examination satisfactory to the State Board for Architecture ÖĒ

 

          The Department has no documentation of professional disciplinary actions against the petitioners.

 

          Each petitioner satisfied the examination requirement in his/her initial state of licensure and has extensive professional practice starting prior to 1983.  Since the above information illustrates evidence of competence within the profession, and in lieu of the practical examination, the Executive Secretary of the State Board for Architecture recommends that the examination requirement be considered satisfied and each applicantís licensure in another state be accepted for endorsement in New York State.


 

NAME OF PETITIONER

LICENSURE

05-28-03

Ihsan B. Akin

Old Saybrook, CT 06475

(1)  West Virginia, 1978; also licensed in Connecticut, Maryland and Pennsylvania.

 

05-29-03

Richard P. Curtis

Portland, ME 04101

(1) New Hampshire, 1977; also licensed in Maine, Massachusetts, District of Columbia and New Jersey.

 

05-30-03

Daniel R. Mathews

Lexington, NC 27292

 

(1) North Carolina, 1982; also licensed in Ohio, Virginia, Maine and West Virginia.

05-31-03

Paul B. Ostergaard

Pittsburgh, PA 15219

 

(1) Pennsylvania, 1981; also licensed in South Carolina.

05-32-03

John E. Ward

Oklahoma City, OK 73102

 

(1) Oklahoma, 1980; also licensed in Arkansas, Texas and Colorado.

05-33-03

Bernard Zyscovich

Miami, FL 33132

 

(1) Florida, 1977; also licensed in Illinois.

 

Recommendation:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Architecture, recommends that each applicantís licensing examination requirement be considered satisfied for licensure through the endorsement route.


CERTIFIED PUBLIC ACCOUNTANCY

05-04-07

Brian C. Florio

Bellmore, New York 11710

 

(Adelphi University, Garden City, New York, Bachelor of Science in Management and Communication, August 1989, Master of Science in Finance and Banking, May 1992 and additional courses, 1993-95)

 

Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy Examination.

 

Statement of Problem: Mr. Florio applied for licensure and admission to the Uniform CPA Examination in 2001.  His education at Adelphi University satisfied all the educational requirements for licensure.

 

          Commissioner's Regulations require that an applicant must pass all parts of the Uniform CPA examination within 36 months and must pass each section in no more than six attempts.  Mr. Florio originally received conditional credit on the Auditing (AUD) and Law and Professional Responsibility (LPR) sections of the examination in May 2001.  To retain credit for these sections, Mr. Florio needed to pass the Financial Accounting and Reporting (FARE) and Accounting and Reporting (ARE) sections by May 2004. He passed the Accounting and Reporting (ARE) section in November 2003.

 

          Mr. Florio has provided documentation of personal difficulties that prevented him from sitting for the examination between November 2001 and November 2003.  In addition, Mr. Florio encountered a hardware malfunction during his initial attempt under computer-based testing.  The malfunction resulted in a refund of his examination fees. Mr. Florio passed the Financial Accounting and Reporting (FARE) section in August 2005, 51 months after receiving conditional credit for the first two sections of the examination.  Mr. Florio asks that his scores be accepted as the substantial equivalent of scores earned within the 36 months allowed in Regulations.  Based on Mr. Florioís personal difficulties and the hardware malfunction in the computer-based testing, the Executive Secretary of the State Board for Public Accountancy supports his request.

         

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Section 7404 of Education Law and Part 70 of the Commissionerís Regulations require:

 

(1) A bachelorís or higher degree based on a program in accountancy.

(1) Adelphi University, Bachelor of Science, August 1989, Master of Science, May 1992, and additional courses, 1993-95.

(2) Passing scores on the Uniform CPA Examination.

(2) May 2001: Auditing, 78, and Law, 80 (passing scores); November 2003: Accounting and Reporting, 86 (passing score); and August 2005, Financial Accounting and Regulation, passing score.

(3) Two years of satisfactory experience.

(3)

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicantís petition for acceptance of passing grades on the Uniform CPA Examination be accepted.


THREE-YEAR LIMITED LICENSE IN PHARMACY

 

Petition for: Three-year limited license to practice pharmacy under Section 6805(6) of the Education Law.

 

Statement of Problem:

 

The applicants listed below have met the education, examination and experience requirements for licensure as a pharmacist in New York State. The only requirement for full licensure that cannot be satisfied at this time is United States citizenship or immigration status as an alien lawfully admitted for permanent residence in the United States.

 

          Each applicant also has a pending application for full pharmacy licensure, which cannot be granted until he/she satisfies the citizenship or permanent residency requirement.

 

Applicable Guidelines:

 

Section 6805(6) of Education Law relates to the requirement of United States citizenship or permanent resident status for licensure as a pharmacist in New York State and allows the Board of Regents to grant a one-time, three-year waiver (plus an extension of not more than one year) for an alien pharmacist to practice in New York State if all other licensure requirements are satisfied.

 

NAME OF PETITIONER

05-29-21

Veera Indana

Littleton, New Hampshire  03561

05-30-21

Hasmukhkumar Patel

Whitehall, New York  12887

 

 05-31-21

Yogeshkumar Patel

South Burlington, Vermont  05403

 

 05-32-21

Yvonne Perry 

Victoria, British Columbia V8Z 6N2

Canada


 

05-33-21

Aye Aye Fu 

Brooklyn, New York 11220

05-34-21

Gerges Shanad

Vero Beach, Florida 32960

05-35-21

Scott Wan

Gig Harbor, Washington 98335

 

ACTION: The Department shall issue a limited license for a maximum of three years to practice pharmacy in New York State to each applicant, conditional upon approval by the Department of all documentation needed to verify satisfaction of all pharmacy licensure requirements other than citizenship. The limited license may be renewed, if appropriate, for one year.

 


THREE-YEAR LIMITED LICENSE IN DENTISTRY

 

Petition for: Three-year limited license to practice Dentistry under Section 6604(6) of the Education Law.

 

Statement of Problem: The applicant listed below has satisfied the education and examination requirements for licensure as a dentist in New York State. The only requirement for full licensure that cannot be satisfied at this time is United States citizenship or immigration status as an alien lawfully admitted for permanent residence in the United States.

 

          The applicant has an opportunity to practice dentistry in an area which has been designated a Federal Dental Health Professions Shortage Area and requests a three-year waiver of the citizenship requirement under Section 6604(6) of the Education Law. The applicant must sign an affidavit stating the exact location of the shortage area where she will practice before the three-year limited license will be issued.

 

Applicable Guidelines: Section 6604(6) of Education Law relates to the requirement of United States citizenship or permanent resident status for licensure as a dentist in New York State and allows the Board of Regents to grant a one-time, three-year waiver of this requirement for an alien dentist to practice in New York State if all other licensure requirements are satisfied and to grant an additional extension not to exceed six years to enable the alien to secure citizenship or permanent resident status, provided such status is being actively pursued.

 

NAME OF PETITIONER

05-19-59

Cristina Ciornei

Rochester, NY 14620

 

 

ACTION: The Department shall issue a three-year limited license to the applicant to practice dentistry in New York State in a Federal Dental Health Professions Shortage Area upon approval by the Department of all documentation needed to verify satisfaction of all dentistry licensure requirements other than citizenship and an acceptable Affidavit of Agreement on the applicantís location of employment.  The limited license may be renewed upon the lawful submission of an application for an extension of not more than six years, at the discretion of the Department.


PHYSICAL THERAPY

05-03-62

Kathleen Byrne

Lake Placid, New York

 

(University of Vermont, Burlington, Vermont, Bachelor of Science in Physical Therapy,  May 1988)

 

Petition for: Acceptance of passing grades for licensure in Massachusetts and New Jersey achieved on the Federation of State Boards of Physical Therapy Examination in July 1988.

 

Statement of Problem: Ms. Byrne applied for licensure in Physical Therapy in March 2005.  Her education at the University of Vermont satisfied all the educational requirements for licensure.

 

          Commissioner's Regulations require that an applicant must have acceptable scores on a satisfactory licensing examination.  Ms. Byrne passed the physical therapy national written examination according to standards established in Massachusetts and New Jersey  in July 1988.  According to New York standards, Ms. Byrne passed Part II of the examination, but failed Part I by one point.

         

Ms. Byrne has been licensed in good standing with no disciplinary action in Massachusetts since 1988 and in New Jersey since 1989.  Based on her licensure and over a decade of experience, the Executive Secretary of the State Board for Physical Therapy supports her request to accept her scores.

         

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Section 6374 of Education Law and Part 77 of the Commissionerís Regulations require:

 

(1) Bachelorís, masterís or equivalent qualification in physical therapy and completion of an acceptable program of at least four academic years.

(1)  University of Vermont, Bachelor of Science in Physical Therapy, May 1988.

(2) Acceptable scores on a satisfactory licensing examination.

(2) Passed physical therapy national written examination by Massachusetts and New Jersey standards in July 1988. 

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Physical Therapy, recommends that the scores achieved on the physical therapy national written examination in 1988 be accepted to satisfy the licensing examination requirement.


PODIATRY

05-01-65                

Alan Jay Engle

Great Neck, NY 11021

 

(Temple University School of Podiatric Medicine, Philadelphia, Pennsylvania, D.P.M., June 1979)

 

Petition for:  Waiver of the requirements pertaining to acceptability of licensing examinations.

 

Statement of Problem:  Dr. Engle applied for licensure in Podiatry in September 2005 after being displaced by Hurricane Katrina.  His education at Temple University School of Podiatric Medicine and his residency at Fort Benning, Georgia, in the United States Army satisfied all the educational and experience requirements for licensure in New York State.  He received board certification status in foot surgery by the American Board of Podiatric Surgery in August 1992.

 

Commissionerís Regulations require that an applicant for licensure in podiatry pass an examination in the basic and clinical sciences and an entry-level clinical skills examination, which Dr. Engle has done by achieving grades acceptable to the Department on Part I and Part II of the examination of the National Board of Podiatry Medical Examiners (NBPME).  However, a practical examination, NBPME Part III, is also required for licensure in New York State. 

 

At the time Dr. Engle was licensed in Louisiana in 1981, there was no requirement in that state for applicants to pass a practical examination or successfully complete a similar test.  Based on his license and good standing in the state of Louisiana and over 20 years of experience, the Executive Secretary of the State Board for Podiatry supports his petition to waive the NBPME Part III licensing examination.

            

 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Section 7004 of Education Law and Part 65 of the Commissionerís Regulations require:

 

(1) Completion of a registered or equivalent podiatric medicine program with a Doctorate of Podiatric Medicine or equivalent degree.

(1) Temple University School of Podiatric Medicine, Philadelphia, Pennsylvania, D.P.M., June 1979.


 

(2) Acceptable scores on a satisfactory licensing examination.

(2)   (a)  Passed NBPME Part I in  September 1977 and Part II in March 1979

(b)      NBPME Part III (See Statement of Problem)

(c) Licensed in Louisiana, June 1981.

(3) Evidence of good moral character.

(3) Evidence of good moral character.

(4) Evidence of the required course in the identification and reporting of child abuse and maltreatment.

(4)

(5) Evidence of completion of at least one year of supervised postgraduate hospital training in podiatry.

(5) USAMEDDAC, MACH, Fort Benning, Georgia, July 1982.

 

RECOMMENDATION:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Podiatry, recommends that the NBPME Part III examination requirement be waived and that the applicantís license be endorsed.

 

 


 

THREE-YEAR LIMITED LICENSE IN VETERINARY MEDICINE

 

Petition for:  Three-year limited license to practice veterinary medicine under Section 6704(6) of the Education Law.

 

Statement of Problem: The applicants listed below have met the education and examination requirements for licensure as a veterinarian in New York State. The only requirement for full licensure that cannot be satisfied at this time is United States citizenship or immigration status as an alien lawfully admitted for permanent residence in the United States.

 

          Each applicant also has a pending application for full veterinary medical licensure, which cannot be granted until they satisfy the citizenship or permanent residency requirement.

 

Applicable Guidelines: Section 6704(6) of Education Law relates to the requirement of United States citizenship or permanent resident status for licensure as a veterinarian in New York State and allows the Board of Regents to grant a one-time, three-year waiver (plus an extension of not more than one year) for an alien veterinarian to practice in New York State if all other licensure requirements are satisfied.

 

NAME OF PETITIONER

05-25-74

Amy Lynn Doornekamp

Adams, NY 13605

05-26-74

Marie Vaillancourt

Lake Katrine, NY 12449

 

ACTION: The Department shall issue a limited license for a maximum of three years to practice veterinary medicine in New York State to each applicant, conditional upon approval by the Department of all documentation needed to verify satisfaction of all veterinary medicine licensure requirements other than citizenship. The limited license may be renewed upon the lawful submission of an application for an extension of not more than one year, at the discretion of the Department.


MEDICINE

 

Petition for: Conferral of the degree Doctor of Medicine (M.D.) pursuant to Section 6529 of the Education Law.

 

Summary Statement: The petitioners listed below are all graduates of foreign medical schools who have been licensed in New York.

 

          The applicable requirements of Section 3.57 of the Rules of the Board of Regents require completion of a medical education program in a foreign medical school satisfactory to the Department which does not grant the degree Doctor of Medicine (M.D.), and in which the philosophy and curriculum were equivalent, as determined by the Department in accordance with the policy of the Board of Regents, to those in programs leading to the degree Doctor of Medicine (M.D.) at medical schools in the United States satisfactory to, or registered by, the Board of Regents and the Department.  Secondly, petitioners must have licensure to practice medicine in New York State in accordance with provisions of Section 6524 or 6528 of the Education Law or their equivalent as determined by the Board of Regents pursuant to their authority under Section 6506 of the Education Law.

 

 

NAME OF PETITIONER

QUALIFICATIONS

05-133-60C

Clay Schneiter

Austin, TX 78703

(1)  Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 12/6/02.

(2)  License #238107, issued on 10/18/05.

05-134-60C

Satish Modi

Poughkeepsie, NY 12603

(1)  Rajasthan University, Bombay, India, Bachelor of Medicine, Bachelor of Surgery, 3/25/71.

(2)  License #128683, issued on 9/24/76.

05-135-60C

Mamatha Gowda

Edison, NJ 08820

(1)  Kempegowda Institute of Medical Sciences, Bangalore, India, Bachelor of Medicine, Bachelor of Surgery, 3/4/93.

(2)  License #234401, issued on 11/4/04.

05-136-60C

Joanne Cunanan

Providence, RI 02908

(1)  Autonomous University of Guadalajara, Guadalajara, Mexico, Physician, 6/9/00.

(2)  License #237476, issued on 8/26/05.

05-137-60C

Leon Adler

N. Miami Beach, FL 33162

(1)  Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 12/12/80.

(2)  License #153314, issued on 3/11/83.

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the State Board for Medicine, recommends that the petitioners be awarded the degree Doctor of Medicine (M.D.) in accordance with provisions of Section 6529 of the Education Law.