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:                              January 20, 2006

 

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 and Professional Practice Committee at its February 2006 meeting where it will be voted on and action taken.  It will then come before the Full Board at its February 2006 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 13 licensing petitions and 15 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 Professions’ recommendations will be effective February 14, 2006

Cases Presented to Board of Regents on:  February 14, 2006                                                                                 SUMMARY REPORT
PROFESSION	EDUCATION			EXAMINATION		Experience	Confer Degree Doctor of Medicine	Three-Year Limited License
	Pre-Professional	Professional	Post-Graduate	Proficiency	Licensing
Architecture					06-03-03
Athletic Training		06-01-67
Certified Public Accountancy					06-02-07
Medicine					06-11-60		06-20-60C to 06-34-60C
Pharmacy								06-01-21 to 06-06-21
Veterinary Medicine					06-02-75 06-03-75			06-01-74
OTHER:   .						Total for fiscal year to date:          284   Total for calendar year to date:       52

 

ARCHITECTURE

 

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

 

Summary Statement:  The petitioner listed below is a graduate of a professionally accredited architecture program who has applied for licensure in New York.  The petitioner has achieved, at a minimum, a Bachelor of Architecture degree.  The petitioner has 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 petitioner 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.  The petitioner satisfied the examination requirement in his 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 Commissioner’s Regulations require for endorsement that “… 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 …”

 

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

 

          The petitioner satisfied the examination requirement in his initial state of licensure and has extensive professional practice since his licensure in Virginia in 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 the applicant’s licensure in another state be accepted for endorsement in New York State.

 

NAME OF PETITIONER	LICENSURE
06-03-03 Monroe Kirk Train Charlottesville, VA  22902	(1)  Virginia, 1983; also licensed in North Carolina and West Virginia.

 

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

 

CERTIFIED PUBLIC ACCOUNTANCY

06-02-07

Gerard B. Pompan

New York, New York 10019

 

(Miami University, Oxford, Ohio, Bachelor of Science in Business, June 1970; Cleveland State University, Cleveland, Ohio, Juris Doctor, June 1973; and Georgetown University, Washington, D.C., Master of Laws in Taxation, May 1978)

 

Petition for: Satisfaction of the licensing examination requirement.

 

Statement of Problem:   Mr. Pompan sat for the Uniform Certified Public Accountancy (CPA) Examination in Washington, D.C. in 1979 and 1980 and was exempted from the Law subtest based on his licensure as an attorney. Commissioner’s Regulations at that time required passing two subtests of the Uniform CPA Examination at a single sitting in order to retain credit for subtests passed.  Mr. Pompan passed the Auditing subtest in November 1979.  The District of Columbia accepted the Auditing subtest and the Law subtest from which he was exempt as “passing two subtests” of the examination.  After passing the remaining two subtests, Mr. Pompan was licensed in the District of Columbia in 1981.  He is currently licensed as a Certified Public Accountant in Maryland with no disciplinary actions against him.

 

          Mr. Pompan asks that his passing scores on three of the subtests of the Uniform CPA Examination and his exemption from the Law subtest be accepted to satisfy the examination requirement for licensure in New York State.  Based on his unique circumstances, the Executive Secretary of the State Board for Public Accountancy supports his petition.

         

APPLICABLE REQUIREMENTS:	QUALIFICATIONS:
Section 7404 of Education Law and Part 70 of the Commissioner’s Regulations require:
(1) A bachelor’s or higher degree based on a program in accountancy.	(1) Miami University, Oxford, Ohio, Bachelor of Science in Business, June 1970; Cleveland State University, Cleveland, Ohio, Juris Doctor, June 1973; and Georgetown University, Washington, D.C.. Master of Laws in Taxation, May 1978.

 

(2) Passing scores on the Uniform CPA Examination.	(2) November 1979: Auditing, 75 (passing score), Law, waived; May 1980: Accounting Theory, 75 (passing score); Accounting Practice, 68 (failing score); November 1980: Accounting Practice, 79 (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 applicant’s licensing examination requirement be considered satisfied.

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.

 

 

 

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.

ATHLETIC TRAINING

06-01-67

Arnold Trachtenberg

Leonia, NJ 07605

 

(Brooklyn College, Brooklyn, New York, Bachelor of Science in Physical Education, 1974 and Long Island University, Brooklyn, New York, Master of Science in Health Science, 1978)

 

Petition for: Acceptance of education.

 

Statement of Problem:  Mr. Trachtenberg did not complete a registered or accredited athletic training program.  Commissioner's Regulations establish alternative requirements to be met in such a case for an applicant that became certified by an acceptable United States certifying body.

 

          Mr. Trachtenberg meets all the alternate requirements except that he has been unable to document the full 1500 clock hours of clinical or work experience in the practice of athletic training.  The athletic trainer who supervised him at Long Island University died in 1983.  Mr. Trachtenberg has documented experience as an athletic trainer for the United States Soccer Federation from 1984 through 1991.

 

          Mr. Trachtenberg was certified by the National Athletic Trainers’ Association Board of Certification in 1977 and is in good standing as a certified athletic trainer.  He asks that his education and experience be accepted to satisfy the requirements in Commissioner's Regulations.  Based on the applicant’s unique circumstances, the Executive Secretary of the State Committee for Athletic Training supports his request.

 

APPLICABLE REQUIREMENTS:	QUALIFICATIONS:
Section 8356 of Education Law and Subpart 79-7 of the Commissioner’s Regulations require:
(2) Certification by the National Athletic Trainers' Association Board of Certification or at least four years of active satisfactory athletic training practice during the seven years prior to August 2, 1993.	(2) Certification by the National Athletic Trainers' Association Board of Certification, 1977.

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Committee for Athletic Training, recommends that the applicant’s petition for acceptance of his education be accepted.

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 applicant listed below has 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.

 

          The applicant also has a pending application for full veterinary medical licensure, which cannot be granted until she satisfies 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

06-01-74   Maryse Boulay Mooers, NY 12958

 

ACTION: The Department shall issue a limited license for a maximum of three years to practice veterinary medicine in New York State to the 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.

VETERINARY MEDICINE 

06-02-75      

Thomas Dwain Brokken

Fort Lauderdale, FL 33330-3311

 

(University of Minnesota College of Veterinary Medicine, St. Paul, MN, D.V.M., 1969)

 

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

 

Statement of Problem:  Dr. Brokken graduated from an accredited college of veterinary medicine in 1969 and passed the National Board (NBE) examination in that year.  Dr. Brokken has not taken the Clinical Competency Test (CCT), which was offered only from 1984 to 2000.  For New York State licensure, applicants who passed the NBE must also take the CCT.  Both the NBE and the CCT have been replaced by the North American Veterinary Licensing Examination (NAVLE).

 

Dr. Brokken was licensed in Florida based on the NBE.  He is currently licensed in Florida, California, and Kentucky.  California also required a California written practical examination.  He has documented 17 years of professional practice in Florida.

 

In view of Dr. Brokken’s documentation of substantial practice as evidence of clinical competence, the Executive Secretary of the State Board for Veterinary Medicine recommends that the CCT examination requirement be waived and that the applicant’s Florida license be accepted for endorsement in New York State.

                               

APPLICABLE REQUIREMENTS:	QUALIFICATIONS:
Section 6704 of the Education Law and Section 59.6 and Part 62 of the Regulations of the Commissioner of Education require:
(1) Completion of six years of preprofessional and professional postsecondary studies satisfactory to the department and graduation with a satisfactory degree in veterinary medicine.	(1)  Augustana College, Sioux Falls, South Dakota, 1962 – 1964; University of Minnesota College of Veterinary Medicine, St. Paul, MN, D.V.M., June 1969.

 

(2) Acceptable scores on satisfactory licensing examinations or passing scores on an acceptable state licensing examination not in use in New York State and at least two years of satisfactory professional experience following licensure.	(2)(a) Passing score on June 1969 NBE examination; did not take the CCT.   (2)(b) Licensed as a veterinarian in California, July 1969; Florida, September 1970; and in Kentucky, May 1998.    (2)(c) More than two years of satisfactory professional experience following licensure.
(3) United States citizenship or immigration status as an alien lawfully admitted for permanent resident status in the United States.	(3) United States citizen.
(4) Evidence of good moral character.	(4) Good moral character.

 

 

RECOMMENDATION:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Veterinary Medicine, recommends waiver of the CCT examination requirement and endorsement of the applicant's Florida license.

VETERINARY MEDICINE 

06-03-75

Rosalind M. Wirsing

Wilmington, NC 28409

 

(Colorado State University, Ft. Collins, Colorado, D.V.M., 1990)

 

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

 

Statement of Problem:  Dr. Wirsing graduated from an accredited college of veterinary medicine and took the National Board (NBE) examination and the Clinical Competency Test (CCT) in December 1989.  Dr. Wirsing achieved a satisfactory score on the NBE, but her score on the CCT was 74, which is one point below the passing standard established by New York State. 

 

Section 59.6(c) of the Regulations of the Commissioner of Education regarding licensure by endorsement stipulates that applicants must not have “attempted unsuccessfully a licensing examination used by the State of New York … unless such applicant has later passed a comparable licensing examination.”  Dr. Wirsing failed the CCT – a licensing examination used by this state.  Therefore, according to this regulation, she would not qualify for licensure by endorsement unless she had later passed the CCT or a comparable licensing examination.   The CCT was offered only from 1984 to 2000.  For New York State licensure, applicants who passed the NBE must also take the CCT.  Both the NBE and the CCT have been replaced by the North American Veterinary Licensing Examination (NAVLE).

 

Dr. Wirsing is licensed in four states.  She has documented over 10 years of professional practice in North Carolina.

 

In view of Dr. Wirsing’s documentation of substantial practice as evidence of clinical competence, the Executive Secretary of the State Board for Veterinary Medicine recommends that the CCT examination requirement be waived and that the applicant’s license be accepted for endorsement in New York State.

 

 

APPLICABLE REQUIREMENTS:	QUALIFICATIONS:
Section 6704 of the Education Law and Section 59.6 and Part 62 of the Regulations of the Commissioner of Education require:
(1) Completion of six years of preprofessional and professional postsecondary studies satisfactory to the department and graduation with a satisfactory degree in veterinary medicine.	(2)  Colorado State University, Ft. Collins, Colorado, D.V.M., May 1990.
(2) Acceptable scores on satisfactory licensing examinations or passing scores on an acceptable state licensing examination not in use in New York State and at least two years of satisfactory professional experience following licensure.	(2)(a) Passing score on December 1989 NBE examination; did not pass CCT.   (2)(b) Licensed as a veterinarian in Colorado, 1990; North Carolina, 1992; California, 1997; and Pennsylvania, 2005.    (2)(c) More than two years of satisfactory professional experience following licensure.
(3) United States citizenship or immigration status as an alien lawfully admitted for permanent resident status in the United States.	(3) United States citizen.
(4) Evidence of good moral character.	(4) Good moral character.

 

 

RECOMMENDATION:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Veterinary Medicine, recommends waiver of the CCT examination requirement and endorsement of the applicant's  North Carolina license.

MEDICINE

06-11-60

Thomas H. Hostetter

Bronx, NY 10461

 

(Baylor College of  Medicine, Houston, Texas, Doctor of Medicine, September 1973)

 

Petition for: Acceptance of the Texas state-constructed medical licensing examination taken after January 1, 1972.

 

Statement of Problem:  Applicants may be considered for endorsement of an out-of-state medical license based on a state-constructed examination taken prior to January 1, 1972, provided that this examination and the required passing score were substantially equivalent to the New York State examination administered during the same time period.  By January 1, 1972, the majority of states had adopted the Federation Licensing Examination (FLEX) as their medical licensing examination.  Texas did not administer the FLEX examination until December 1975.

 

          Dr. Hostetter was licensed by the Texas State Board of Medical Examiners after passing its June 1973 state-constructed medical licensing examination.  The Department had determined that the Texas state-constructed medical examinations administered from 1922 through January 1, 1972 were substantially equivalent to the New York State medical licensing examinations.  The Executive Director of the Texas State Board of Medical Examiners previously notified the Department that the state-constructed examination taken by the applicant in 1973 was equal to, if not superior to, any Texas State Board examination offered prior to January 1972.  The applicant achieved scores on this examination that exceeded New York State requirements.  Department staff support Dr. Hostetter’s petition to accept the Texas state-constructed medical licensing examination as satisfying New York State’s licensing examination requirement.

 

APPLICABLE REQUIREMENTS: Commissioner’s Regulations, Part 60, require:	QUALIFICATIONS:
(1) Eligibility for admission to the New York State medical licensing examination.	(1)  Baylor College of Medicine, Houston, Texas, Doctor of Medicine, September 1973.

 

(2) One year of approved postgraduate hospital training	(2)  One year of continual medicine residency from July 1, 1974 to June 30 1976 at Baylor College of Medicine, Houston, Texas.
(3) Appropriate medical license or certificate.	(3) Texas medical license issued January 1974.
(4) Acceptable scores on a licensing examination in accordance with Section 60.4.	(4) Texas state-constructed medical licensing examination successfully completed in 1973.
(5) Not less than two years of satisfactory experience.	(5) More than two years of satisfactory experience.
(6) United States citizen or alien lawfully admitted for permanent resident status in the United States.	(6) United States citizen.
(7) Evidence of good moral character.	(7) Good moral character.
(8) Evidence of the required course in the identification and reporting of child abuse and maltreatment.	(8) Certificate of Completion of the required course in the identification and reporting of child abuse and maltreatment.

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Medicine, recommends that the applicant’s Texas state-constructed medical licensing examination be accepted to satisfy New York State’s licensing examination requirement.

 

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
06-20-60C Radha Voleti Flushing, NY 11367	(1)  Saiddhartha Medical College, Vihayawada, India, Bachelor of Medicine, Bachelor of Surgery, 11/2/92. (2)  License #216842, issued on 2/24/00.
06-21-60C Augustine Umeozor Rosedale, NY 11422	(1)  University of Nigeria, Enugu, Nigeria, Bachelor of Medicine, Bachelor of Surgery, 4/9/94. (2)  License #218585, issued on 7/27/00.
06-22-60C Shidong Su Flushing, NY 11354	(1)  Shanghai University, Shanghai, People’s Republic of China, Graduation Diploma, 8/15/83. (2)  License #215043, issued on 7/27/99.
06-23-60C Rodrigo Sanchez Jackson Heights, NY 11370	(1)  Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 12/11/98. (2)  License #237830, issued on 9/23/05.
06-24-60C Heidi Rosenberg Dobbs Ferry, NY 10522	(1)  Autonomous University Ciudad, Juarez, Mexico, Physician & Surgeon, 12/2/83. (2)  License #164324, issued on 9/30/85.
06-25-60C Anuja Reddy Jericho, NY 11753	(1)  Nagarjuna University, Vijayawada, India, Bachelor of Medicine, Bachelor of Surgery, 2/11/92. (2)  License #216203, issued on 11/2/99.
06-26-60C Renu Lalwani Scarsdale, NY 10583	(1)  Lady Hardinge Medical College, New Delhi, India, Bachelor of Medicine, Bachelor of Surgery, 4/17/88. (2)  License #235382, issued on 3/3/05.
06-27-60C John Kennedy New York, NY 10021	(1)  Royal College of Physicians & Surgeons, Dublin, Ireland, Bachelor of Medicine & Surgery, 6/2/89. (2)  License #230567, issued on 11/19/03.
06-28-60C Tariq Jamil Scarsdale, NY 10583	(1)  King Edward Medical College, Lahore, Pakistan, Bachelor of Medicine, Bachelor of Surgery, 4/17/88. (2)  License #210477, issued on 5/28/98.
06-29-60C Shaiful Islam Elmira, NY 14901	(1)  Dhaka Medical College, Dhaka, Bangladesh, Bachelor of Medicine, Bachelor of Surgery, 11/21/83. (2)  License #213878, issued on 5/6/99.
06-30-60C Moinul Haque Brooklyn, NY 11218	(1)  Dhaka Medical College, Dhaka, Bangladesh, Bachelor of Medicine, Bachelor of Surgery, 1/1/84. (2)  License #002349, issued on 5/2/05.
06-3160C Mario Gaspar de Alba El Paso, TX 79912	(1)  Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 6/8/01. (2)  License #238367, issued on 11/28/05.
06-32-60C Manuel Cunanan Providence, RI 02908	(1)  Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 6/18/01. (2)  License #237932, issued on 10/3/05.
06-33-60C A.Y.M. Maksudul Chowdhury New Hyde Park, NY 11040	(1)  Chittagong Medical College, Chittagong, Bangladesh, Bachelor of Medicine, Bachelor of Surgery, 11/14/79. (2)  License #236132, issued on 5/12/05.
06-34-60C Doraikannu Balakumar Bronx, NY 10461	(1)  University of Madras, Thanjavor, India, Bachelor of Medicine, Bachelor of Surgery, 3/17/75. (2)  License #140588, issued on 11/9/79.

 

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.