Meeting of the Board of Regents | April 2009
ON PROFESSIONAL PRACTICE
The Board of Regents
April 20, 2009
Your Higher Education and Professional Practice Committee held its scheduled meeting on April 20, 2009. All members were present, except Chancellor Merryl H. Tisch, who was excused from the Executive Session, and Regent Saul B. Cohen, who was excused from the Executive Session and the Public Session. Regent Christine D. Cea was also present, but did not vote on any case or action.
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, and modified in 1 case as hereafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 42 consent order applications and 7 surrender applications be granted.
In the case of Vicky A. Depiazza, licensed practical nurse, Cal. No. 24084, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be modified, that, based upon all of the circumstances regarding respondent’s misconduct, the respondent’s license to practice as a licensed practical nurse in the State of New York be suspended for 24 months upon the specification of the charges of which respondent has been found guilty, that said 24 month suspension be stayed, that respondent be placed on probation for 24 months under the terms of probation prescribed by the Regents Review Committee, that said 24 month period of probation shall commence concurrently with the 24 month period of the suspension, that the fine recommended by the Regents Review Committee be eliminated, and the Report of the Regents Review Committee be otherwise accepted.
These recommendations are made following the review of 57 cases involving twelve licensed practical nurses, eleven registered professional nurses, six dentists, five licensed practical nurses who are also registered professional nurses, three certified public accountants, three pharmacies, two veterinarians, one architect, one licensed master social worker who is also a licensed clinical social worker, one licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner, one pharmacist, one psychologist, one respiratory therapist, and one veterinary professional corporation.
Voted, that the application of Cheryl L. Clifford for restoration of her license to practice as a registered professional nurse in the State of New York be granted without restriction. [PPC EXS (A) 5]
Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions. [PPC (CA) 1]
Your Committee recommends that the Board of Regents approve the appointments and reappointments of members to the State boards for the professions, Board for Professional Medical Conduct, and an appointment and reappointments 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 section 77.10 of the Regulations of the Commissioner of Education relating to continuing education requirements for the professions of physical therapy and physical therapist assistant be added, as submitted, effective May 14, 2009. [PPC (CA) 3]
Your Committee recommends that section 63.9 of the Regulations of the Commissioner of Education relating to the certification of licensed pharmacists to administer immunizations to prevent influenza and pneumococcal disease to patients 18 or older and medications for the emergency treatment of anaphylaxis be added, as submitted, effective May 14, 2009. [PPC (CA) 4]
Your Committee also recommends that section 63.9 of the Regulations of the Commissioner of Education be added, as submitted, effective May 1, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the February 2009 Regents meeting remains continuously in effect until the effective date of the rule’s permanent adoption. [PPC (CA) 4]
MOTION FOR ACTION BY FULL BOARD
Madam 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 April 20, 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 – The Associate Commissioner provided an update on the Office of the Professions budget, including the impact of budget cuts, staffing, new approaches to an updated computer system, and the proposed fee increase, and an update on Social Work legislation. [Oral Report]
- Introduction to the CPA Legislation and to the Regulations Scheduled for Consideration in May – This discussion updated the Committee on the key elements of the Public Accountancy Practice Act, which has passed both houses of the Legislature and has been signed by the Governor. The new law will substantially impact the public accountancy profession in many ways by addressing changes that have taken place in public accountancy practice over many years while continuing to provide for public protection. [PPC (D) 1]
- Pharmacy Electronic Recordkeeping and Examination Regulations – This discussion provided information about proposed amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education which would enable licensed pharmacists to maintain required records in electronic format and would provide applicants seeking licensure in pharmacy with the alternative of completing certain competencies in an approved dental residency program in lieu of passing a department administered practical examination. [PPC (D) 2]
That concludes our report.
Harry Phillips, 3rd, Co-Chairperson
Milton L. Cofield, Co-Chairperson