Report of

REGENTS COMMITTEE

ON PROFESSIONAL PRACTICE

                                                                              to

                                                           The Board of Regents

September 16, 2008

              Your Professional Practice Committee held its scheduled meeting on September 16, 2008.   All Committee members were present except for Vice Chancellor Merryl H. Tisch and Regent Harry Phillips, 3d, who were excused from the executive session.  Regent Joseph E. Bowman Jr., and Regent Charles R. Bendit were also present during the executive session, but did not vote.     

                                                                  ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 7 cases, corrected and amended as hereinafter indicated in the case of Eric J. Laughlin, Registered Professional Nurse, Calendar No. 23915, and modified as hereinafter indicated in the case of Erin Diane Inserra, Dental Hygienist, Cal. No. 23213.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 31 consent order applications and 6 surrender applications be granted.  [PPC EXS (A) 1-3]

              In the case of Eric J. Laughlin, Registered Professional Nurse, Calendar No. 23915, we recommend that, in view of the three-year period of probation that was imposed upon respondent, the reference, on line 13 of the last page of the Regents Review Committee report in this matter, to a “six-month” period of probation to be served upon respondent’s return to the practice of the profession be deemed corrected, the “six-month” period be deemed eliminated, and such reference be deemed to read the correct “said three-year period of probation”, and that paragraph 2 of the recommended probation terms be amended to read as follows:

• That respondent shall submit written notification to the New York State Education Department, addressed to the Director, Office of Professional Discipline, New York State Education Department, 475 Park Avenue South – Second floor, New York, NY  10016-6901, of any employment and or practice, respondent’s residence, telephone number, and mailing address, and of any change in respondent’s employment (including the new employer’s name and address), practice, residence, telephone number or mailing address, within or without the State of New York;,

 and that a new paragraph 3 be added to read as follows:

• That respondent notify any new employer of the details of his conviction on September 25, 2006, and the details of this professional disciplinary proceeding, including these probation terms, such notification being in writing with a copy to the Director, Office of Professional Discipline, at the address noted in paragraph 2 above;,

and that the subsequent numbered paragraphs be renumbered accordingly.  

              In the case of Erin Diane Inserra, Dental Hygienist, Calendar No. 23213, we recommend that (1) the Amended Statement of Charges in evidence as OPD Exhibit 3 be deemed to be substituted as the exhibit that is attached to the report of the Hearing Panel as Exhibit A to such report and the Terms of Probation that are attached to the report of the Hearing Panel be deemed designated as Exhibit B to such report: and (2) the recommendation of the Regents Review Committee be modified and the determination of the Board of Regents be as follows:

• That the findings of fact rendered by the Hearing Panel be accepted, except that, at the outset of the last sentence of finding of fact numbered 3, the words “All subsequent findings of fact” be deleted and be replaced by the words “Findings of fact numbered 4 though 7,” findings of fact numbered 8, 9, and 11 be deleted, finding of fact numbered 10 be re-designated as finding of fact numbered 8, and the following findings of fact be added: as finding of fact numbered 9, “Respondent has admitted that she is guilty of the specification of professional misconduct set forth in the Amended Statement of Charges.”; as finding of fact numbered 10, “By failing to complete, during the entire registration period from February 1, 2002 to January 30, 2005, twenty-four hours of continuing professional education as required by Education Law §6609-a(2), respondent willfully failed to comply with such substantial provision of State law governing the practice of the profession.”; as finding of fact numbered 11, “Respondent is registered to practice the profession of dental hygiene during the period February 1, 2005 to January 30, 2008 and may be registered to practice the profession of dental hygiene during the period February 1, 2008 to January 30, 2011.”; and as finding of fact numbered 12, “Respondent has not documented her claim that she has now taken various continuing professional education and must demonstrate that she complies with the continuing education requirements set by law.”;

• That the determination as to guilt rendered by the hearing panel be accepted and respondent is guilty, by a preponderance of the evidence, of the specification of the Amended Statement of Charges;

• That the recommendation as to the penalty to be imposed rendered by the hearing panel be modified;

• That, upon the specification of the Amended Statement of Charges of which respondent is found guilty, respondent’s license to practice as a dental hygienist in the State of New York be suspended for three years, that execution of said suspension be stayed, respondent be fined $500, and respondent be placed on probation for three years under the terms set forth in the report of the Hearing Panel as hereafter modified herein, said terms of probation to include, among other things, requirements that respondent submit quarterly reports showing regular and substantial progress toward meeting all continuing education requirements and that respondent either successfully completes twelve further hours of continuing education in addition to the continuing education that she is already required to complete or pays the $500 fine, and said period of suspension and probation may be terminated sooner and said fine may be stayed upon full satisfaction of each of the conditions hereafter provided;

• That the terms of probation to be imposed upon respondent consist of terms numbered 1, 2, and 5 through 9 prescribed by the Hearing Panel; term numbered 3 be substituted to read as follows, “That, during the period of probation, respondent shall comply with all statutes, rules and/or regulations governing the requirements for continuing professional education in respondent’s profession; shall make regular and substantial progress toward the completion of all required continuing education; and shall submit quarterly reports showing, and including proof of, such progress.”; and term numbered 4 be substituted to read as follows, “That, during the period of probation, respondent shall either successfully complete twelve further hours of continuing education in addition to the continuing education that she is already required to complete or pay the $500 fine.”

• That any remaining period of said suspension of respondent’s license and of said probation may be terminated sooner if and only if respondent (1) completes all of her required continuing education for each of the registration periods of February 1, 2002 to January 30, 2005, February 1, 2005 to January 30, 2008, and February 1, 2008 to January 30, 2011 and (2) completes either twelve further hours of continuing education in addition to that she is already required to complete or, alternatively pays the $500 fine, (3) applies, in writing, to the Director of the Office of Professional Discipline for the early termination of her remaining period of suspension and probation, (4) submits to the Director her proof that she has successfully completed all such required continuing education for each of these registration periods, and (5) successfully completes the alternative twelve further hours of continuing education in addition to that she is already required to complete or the payment of the $500 fine, such application and proof to be forwarded to the Director, Office of Professional Discipline, New York State Education Department, 475 Park Avenue South, Second Floor, New York, New York, 10016, and, after receipt of respondent’s application for early termination and proof in support of such application, the Director is satisfied that respondent has successfully completed all such required continuing education for each of these registration periods and has successfully completed the alternative of twelve further hours of continuing education in addition to that she is already required to complete or the payment of the $500 fine, the Director shall notify respondent of the termination of the remaining period of the suspension of respondent’s license and period of probation and of the effective date thereof; and

• That the $500 fine may be stayed if and only if respondent first successfully completes the alternative twelve further hours of continuing education in addition to that she is already required to complete.

              These recommendations are made following the review of 46 cases involving 10 registered professional nurses, eight licensed practical nurses, three certified public accountants, three dentists, three licensed practical nurses who are also registered professional nurses, two licensed master social workers, two massage therapists, two pharmacies, two podiatrists, one chiropractor, one dental hygienist, one dental professional corporation, one nurse practitioner, one occupational therapist, one pharmacist, one professional engineer, and one respiratory therapist.

Consent Agenda

              Your Committee recommends that sections 69.1, 69.2 and 69.3 of the Regulations of the Commissioner of Education relating to the professional study, experience, examination and endorsement requirements for licensure as an architect be amended, as submitted, effective October 9, 2008.  [PPC (CA) 1]

              Your Committee recommends that the Board of the Regents approve the appointments of members to the State boards for the professions; and appointments of extended members to the State boards for the professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [PPC (CA) 2]

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions with the exception of three 3-year limited licenses for veterinary medicine.  [PPC (CA) 3]

Approvals

              Your Committee recommends that sections 75.1, 75.2 and 75.3 of the Regulations of the Commissioner of Education be repealed, that sections 52.36, 52.37, 75.1, 75.2, 75.3, 75.4, 75.5, 75.6 and 75.7 be added, and that section 75.4 be renumbered to 75.8, relating to the education, examination and experience requirements for licensure of speech-language pathologists and audiologists and to provide for the endorsement of out-of-state and foreign applicants for licensure in these professions be amended, as submitted, effective October 9, 2008.  [PPC (A) 1]

              Your Committee recommends that the proposed emergency amendment of the Regulations of the Commissioner of Education relating to the licensure of clinical laboratory technologists, cytotechnologists, clinical laboratory technicians and histological technicians be approved, in accordance with the proposal substituted at the Committee meeting, effective September 23, 2008. The emergency action is based upon a finding by the Board of Regents that such action is necessary to preserve the public health and general welfare in order to timely implement Chapter 204 of the Laws of 2008 to ensure that standards and procedures are in place to license individuals by the effective date of the statutory licensure requirement for histological technicians and to permit clinical laboratory technicians, cytotechnologists and clinical laboratory technologists to apply for licensure under the expanded grandparenting provisions by January 1, 2009, thereby enabling such practitioners to be licensed in a timely manner to meet the health care needs of the residents of New York State.  [PPC (A) 2]

                                           MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on September 16, 2008, copies of which have been distributed to each Regent.

                                      MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

• Associate Commissioner’s Report - This report is to discuss with the Committee updates on a range of topics that relate to the work of that committee.  [oral report]

• Applications for the Restoration of a Professional License – This discussion concerns a proposed amendment to the Regents’ Rules specifying that an applicant’s response to the report of the Committee on the Professions may not include new evidentiary material.  [PPC (D) 1] 

              That concludes my report.

                                                                                            __________________________

                                                                                            Milton L. Cofield, Co-Chairperson