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Meeting of the Board of Regents | May 2008

Thursday, May 1, 2008 - 11:00pm

sed seal                                                                                                 

 

 

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

 

TO:

The Professional Practice Committee

FROM:

Frank Muñoz

SUBJECT:

Summary Suspension Criteria

 

DATE:

May 1, 2008

 

STRATEGIC GOAL:

Goal 3

 

AUTHORIZATION(S):

 

 

SUMMARY

 

Issue for Discussion

 

                This item will discuss the summary suspension process including the criteria utilized when determining if a case is to be considered for summary suspension.  Guidance will be sought from the Professional Practice Committee (PPC) on the factors to be required before a case is prosecuted under the summary suspension process.

 

Reason(s) for Consideration



              Review of Policy.

 

Proposed Handling

 

              This item will be discussed at the May 2008 meeting of the Professional Practice Committee.

Procedural History

 

              The Office of the Professions has made a commitment of resources to identify and prosecute appropriate summary suspension cases.  To effectuate this goal, the input of the Committee is essential to examine whether the current process works and, if not, to ascertain what changes the Committee would recommend.

 




Background Information

 

              In order to maximize the effective use of available resources, it is important to concentrate summary suspension efforts on those cases in which use of the summary suspension process is most appropriate.  Because the Board of Regents makes the final determination regarding the imposition of a summary suspension, it will greatly assist the Office of Professional Discipline (OPD) to have an understanding of the Professional Practice Committee’s view as to the criteria used in determining whether to seek a summary suspension.

 

              The Director of the Office of Professional Discipline will share information on the current status of the summary suspension process in the context of professional discipline.  This update will provide a detailed account of the number of times summary suspension proceedings have been initiated over the last three years and the types of complaints of misconduct that have been identified as potential summary suspension cases.

 

              The Committee will be updated on steps taken by OPD when reviewing potential summary suspensions, which now include a thorough investigation, consultation with a member of the appropriate State Board, further review by an outside consultant if warranted, and a complete internal analysis of all issues.  In deciding whether to bring a summary suspension case, the primary factors that are currently analyzed are serious actual harm (including both physical and economic harm), potential serious harm if the conduct continues, repetitive negligence or incompetence, and immediate threat to the public if the licensee continues to practice.