THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
TO:
The Higher Education and
Professional Practice Committee
FROM:
Johanna
Duncan-Poitier
SUBJECT:
Report of the Committee on
the Professions Regarding Licensing Petitions
DATE:
December 16,
2005
STRATEGIC GOAL:
Goal 3
AUTHORIZATION(S):
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?
The question will come before the Higher Education and Professional
Practice Committee at its January 2006 meeting where it will be voted on and
action taken. It will then come
before the Full Board at its January 2006 meeting for final action.
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.
There are 5 licensing petitions and 19 requests for the conferral of the
degree Doctor of Medicine for review and approval.
It is recommended that the Regents approve the
recommendations of the Committee on the Professions regarding licensing
petitions.
Approval of the Committee on the Professions’ recommendations will be
effective January 10, 2006.
Cases Presented to Board of
Regents on: January 10,
2006
SUMMARY
REPORT | ||||||||
PROFESSION |
EDUCATION |
EXAMINATION |
Experience |
Confer
Degree Doctor of Medicine |
Three-Year Limited
License | |||
Pre-Professional |
Professional |
Post-Graduate |
Proficiency |
Licensing | ||||
Architecture |
|
|
|
|
06-01-03 06-02-03 |
|
|
|
Certified Public Accountancy
|
|
|
|
|
06-01-07 |
|
|
|
Pharmacy |
|
06-01-20 |
|
|
|
|
|
|
Chiropractic |
|
|
|
|
06-01-70 |
|
|
|
Medicine |
|
|
|
|
|
|
06-01-60C to 06-19-60C |
|
OTHER: . |
Total for fiscal year to
date: 256
Total for calendar year to
date: 24 |
ARCHITECTURE
Petition for: Waiver
of
Summary Statement: The
petitioners listed below are all graduates of professionally accredited
architecture programs who have applied for licensure in
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,
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 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 applicant’s licensure in another state be accepted for endorsement in
New York State.
NAME OF PETITIONER |
LICENSURE |
06-01-03 Louis E. Krause |
1) |
06-02-03 Donald R. Small |
(1) |
Recommendation: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Architecture, recommends that each applicant’s licensing examination requirement be considered satisfied for licensure through the endorsement route.
06-01-07
John W. Gunn
(Mr. Gunn is applying under the 15 years of
experience route)
Petition for: Acceptance of passing
grades on the Uniform Certified Public Accountancy
Examination.
Statement of
Problem:
Mr. Gunn has applied for licensure based on more than 24 years of experience
acceptable to the State Board for Public Accountancy. Mr. Gunn sat for the Uniform CPA
Examination in
Mr. Gunn 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
APPLICABLE
REQUIREMENTS: |
QUALIFICATIONS: |
Section 7404 of Education Law and Part 70 of
the Commissioner’s Regulations: |
|
(1) 15 years of experience acceptable to the
State Board for Public Accountancy. |
More than 24 years of acceptable
experience. |
(2) Passing scores on the Uniform CPA
Examination. |
May 1975: Auditing, 75; Law, Exempt;
Accounting Theory, 79 (passing scores); Accounting Practice, 59
(failure). November 1975: Accounting Practice, 75 (passing
score). |
RECOMMENDATION: The Committee on the Professions, in concurrence
with the Executive Secretary of the State Board for Public Accountancy,
recommends that the applicant’s petition for acceptance of the Uniform CPA
Examination be accepted.
PHARMACY
06-01-20
Timothy
Sweeney
Clinical Encapsulation
Services, Inc.
Statement of
Problem: Section 63.6(c) of Commissioner’s
Regulations requires that a manufacturer or wholesaler registered by the New
York State Board of Pharmacy under Section 6808.4 of the Education Law have a
pharmacist present during all business hours or be under the supervision of a
chemist who holds a bachelor’s degree in chemistry and who has at least two
years of experience in the manufacturing, repacking and/or wholesaling of drugs
satisfactory to the State Board of Pharmacy. Mr. Sweeney is not a pharmacist and
does not have a degree in chemistry.
Mr. Sweeney is the President and Chief Executive Officer of Clinical
Encapsulation Services, Inc. He reports that the current pharmacist for his
business is retiring and moving to
Mr. Sweeney asks for a waiver of this regulation requiring the presence
of a pharmacist or approved supervisor at his business. He reports that his is a
small company and it is not an option to replace the existing pharmacist. He
questions the necessity for the regulation and reports that surrounding states
have different requirements. The Executive Committee of the State Board of
Pharmacy unanimously recommends that Timothy Sweeney be denied the supervisor
position at Clinical Encapsulation Services, Inc. The Committee determined that
Mr. Sweeney provided no documentation that he had education equivalent to that
of a chemist or pharmacist and found no basis for waiving the regulatory
requirement.
APPLICABLE
REQUIREMENTS: |
QUALIFICATIONS: |
Section 6808.4 of
Education Law and Section 63.6(c) of the Commissioner's
Regulations requires: |
|
A manufacturer or
wholesaler registered by the State Board of Pharmacy must have a
pharmacist present during all business hours or (1) be under the
supervision of a chemist who holds a bachelor's degree with a major in
chemistry and (2) has at least two years of experience in manufacturing,
repacking and/or wholesaling of drugs which is satisfactory to the
Board. |
(1) Reports an
Associate’s degree in Humanities from SUNY at Cobleskill and two years of
additional education at SUNY at Stony Brook. (2)(a) Present
employment is with Clinical Encapsulation Services, Inc., (2)(b) DM Graham Laboratories,
Inc., |
RECOMMENDATION: The Committee on the Professions, in
concurrence with the Executive Secretary of the State Board of Pharmacy,
recommends that the applicant’s request to be approved as the supervising
pharmacist or supervising chemist at Clinical Encapsulation Services, Inc. be
denied.
CHIROPRACTIC
06-01-70
Christopher W.
Baldt
(Sherman College of Straight
Chiropractic, Spartanburg, South Carolina, Doctor of Chiropractic,
1988)
Petition
for: Acceptance of
education as the substantial equivalent of a registered program.
Statement of
Problem: Dr. Baldt
completed a chiropractic program in the
In 1990, the Bureau of Professional Program Review reported the results
of its review of the curricula of schools of chiropractic, which espouse the
mixed philosophy and those which teach straight chiropractic, such as Sherman
College of Straight Chiropractic from which the applicant graduated. Although it was found that the emphasis
on certain subjects was different among the institutions reviewed, the
difference was considered not significant, and in fact, similar to variations
found in programs of other professions such as medicine and dentistry.
The Department’s review of the
APPLICABLE
REQUIREMENTS: |
QUALIFICATIONS: |
Sections 6554 and 6507
of the Education Law: |
|
(1) Two years of
satisfactory preprofessional college study. |
(1)
|
(2) Completion of a
satisfactory chiropractic program of at least four academic
years. |
(2) See Statement of
Problem. |
(3) Acceptable scores
on satisfactory licensing examinations. |
(3)(a) NBCE Parts I,
II and III, 9/1988. (3)(b)
|
(4)
|
(4)
|
(5) Evidence of good
moral character. |
(5) Good moral
character. |
(6) Evidence of
required course in identification and reporting of child abuse and
maltreatment. |
(6) Certificate of
Exemption from this requirement. |
RECOMMENDATION: The Committee
on the Professions, in concurrence with the Executive Secretary of the State
Board for Chiropractic, recommends that the applicant’s education be accepted as
the equivalent of a professional program registered by 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
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
NAME OF
PETITIONER |
QUALIFICATIONS |
06-01-60C Alexandru Stoian |
(1)
(2)
License
#161770, issued on 3/25/85. |
06-02-60C Afshan Ashfaq |
(1)
(2)
License
#236736, issued on 6/27/05. |
06-03-60C Jean Hongjun
Chen |
(1)
(2)
License
#220690, issued on 3/22/01. |
06-04-60C Lei Ding |
(1)
(2)
License
#216015, issued on 10/7/99. |
06-05-60C Amjad Hammad |
(1) (2)
License #235752, issued on
4/15/05. |
06-06-60C Raouf Hanna |
(1)
(2)
License
#201860, issued on 1/4/96. |
06-07-60C Victor Kolade |
(1)
(2)
License
#234676, issued on 12/14/04. |
06-08-60C Kevin Madden |
(1)
Autonomous
(2)
License #
238213, issued on 11/3/05. |
06-09-60C Ashish Mahindra |
(1)
(2)
License
#234297, issued on 10/26/04. |
06-10-60C Yongming Mao |
(1)
(2)
License
#233817, issued on 8/25/04. |
06-11-60C Nilorar Mir |
(1)
(2)
License
#107488, issued on 10/29/70. |
06-12-60C Murli Raghavan |
(1)
(2)
License
#166549, issued on 6/30/86. |
06-13-60C Chinyere Ofonagoro |
(1)
(2)
License
#207719, issued on 7/30/97. |
06-14-60C Snehal Patel |
(1)
(2)
License
#234395, issued on 11/3/04.
|
06-15-60C Jan Karrel Schreuder |
(1)
(2)
License
#162460, issued on 6/17/85. |
06-16-60C Rohit Shahani |
(1)
(2)
License
#220150, issued on 1/16/01. |
06-17-60C Saira Shahani |
(1)
(2)
License
#235890, issued on 4/26/05. |
06-18-60C Mei-Heng Tan |
(1)
(2)
License
#234173, issued on 10/12/04. |
06-19-60C Minal Vaidya |
(1)
Grant
Medical College, (2)
License
#222661, issued on 8/30/01. |
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.