Meeting of the Board of Regents | February 2009
ON PROFESSIONAL PRACTICE
The Board of Regents
February 9, 2009
Your Professional Practice Committee held its scheduled meeting on February 9, 2009. All Committee members were present, except Vice Chancellor Merryl H. Tisch, Regent Saul B. Cohen and Regent Geraldine D. Chapey, who were excused.
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 3 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 36 consent order applications and 2 surrender applications be granted. [PPC EXS (A) 1-3]
In the case of Rite Aid Of New York, Inc., Pharmacy, Calendar No. 23935, we recommend that, in view of respondent’s Application For A Consent Order in which it requested the imposition of a $10,000 fine and the identification of the number “$10,000” as the amount of the fine in said Application For A Consent Order, the provision in said Application For A Consent Order, which was granted by the Board Of Regents on November 18, 2008, that reads “seven thousand five hundred dollars” be deemed corrected, the provision “seven thousand five hundred dollars” be deemed eliminated, and the Application For A Consent Order be deemed to provide and read the correct amount of the fine of ”ten thousand dollars”; and the November 18, 2008 Vote and Order, which is currently in effect and will continue to remain in effect after this Vote and Order becomes effective, be deemed amended to be based upon and related to the correct amount of the fine imposed on Rite Aid Of New York, Inc. of ”ten thousand dollars.”
In the case of Jane Whallon Benson, Veterinarian, Calendar No. 24197, we recommend that each of the references, in both the Application To Surrender License granted by the Board of Regents on December 16, 2008 and the specification of professional misconduct attached to said Application To Surrender License, to the profession of “Nursing” be deemed corrected, each of the references to “Nursing” be deemed eliminated, and each of such references be deemed to read the correct profession for respondent of a “Veterinarian”; and the December 16, 2008 Vote and Order, which is currently in effect and will continue to remain in effect after this Vote and Order becomes effective, be deemed amended to be based upon and related to the correct “Veterinarian” profession for Jane Whallon Benson.
These recommendations are made following the review of 41 cases involving nine registered professional nurses, seven licensed practical nurses, five pharmacies, three licensed practical nurses who are also registered professional nurses, three pharmacists, two acupuncturists, one architect, one certified public accountant, one chiropractor, one physical therapist, one podiatrist, one professional engineer, one respiratory therapist, one veterinarian, and one veterinary technician.
Your Committee recommends the approval of the proposed emergency action to adopt revisions to the November 2008 emergency amendment to the Regulations of the Commissioner of Education relating to the certification of licensed pharmacists to administer immunizations for the prevention of influenza and pneumococcal disease and medications for the emergency treatment of anaphylaxis to provide clarification on the reporting requirements for certified pharmacists, and to otherwise ensure that the emergency rule adopted at the November 2008 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule. [PPC (A) 1]
Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions. [PPC (CA) 1]
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 February 9, 2009, 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 included an update on the Office of the Professions budget, including the impact of budget cuts, the proposed fee increase, and the support for that increase received from the Legislature (Senator Stavisky and Assemblywoman Glick) and the professional associations. Other items discussed were the licensure of social workers and the implementation of the CPA law. [Oral Report]
- Physical Therapy Continuing Education Regulations – This item discussed the proposed regulations implementing the 2008 law requiring continuing education for physical therapists and physical therapist assistants. [PPC (D) 1]
That concludes my report.
Harry Phillips, 3rd, Co-Chairperson