Meeting of the Board of Regents | September 2009

Report of

REGENTS COMMITTEE

ON PROFESSIONAL PRACTICE

to the

Board of Regents

September 15, 2009

              Your Professional Practice Committee held its scheduled meeting on September 15, 2009.  All Committee members were present, except Vice Chancellor Milton L. Cofield, who was excused.  Regent James C. Dawson and Regent Christine D. Cea were also present, but did not vote on any case or action.

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.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 58 consent order applications and 12 surrender applications be granted.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 77 cases involving 14 registered professional nurses, 11 licensed practical nurses, 11 pharmacists, seven certified public accountants, five licensed practical nurses who are also registered professional nurses, four pharmacies, three massage therapists, two dentists, two professional engineers, two respiratory therapists, two veterinarians, one architect, one certified public accountant professional corporation, one licensed clinical social worker, one mental health counselor, one midwife, one occupational therapist, one physical therapist, and one respiratory therapist who is also a respiratory therapy technician.

Restoration Petitions

Voted, that the Board of Regents deny the petition of Rajendra Gupta for restoration of his license to practice as a physician in the State of New York.  [PPC EXS (A) 4]

Voted, that the Board of Regents stay the Order of Surrender of Charles Hartman’s license to practice pharmacy; that he be placed on probation under the Terms of Probation of the Committee on the Professions annexed to the Report of the Committee on the Professions as Exhibit A; that, prior to engaging in the practice of pharmacy, he obtain a determination by the Director of the Office of Professional Discipline (OPD) that he has successfully completed the continuing education requirements as set forth in the Terms of Probation of the Committee on the Professions; that the term of his probation commence upon the issuance of the order of the Commissioner of Education in this proceeding and end one year from the date of the determination by the Director of OPD that the applicant has successfully completed his continuing education requirements; and that, following successful completion of his probation, his license be fully restored.  [PPC EXS (A) 5]

Voted, that the Board of Regents stay the Order of Surrender of the physician license of Brij K. Mittal for one year; that he be placed on probation for one year under the Terms of Probation attached to the Report of the Peer Committee as Exhibit “A,” provided that the period of probation shall be tolled during periods in which the applicant is not engaged in the active practice of medicine in New York State; that the applicant shall notify the Director of  OPMC, in writing, if the applicant is not currently engaged in or intends to leave the active practice of medicine in New York State for a period of thirty (30) consecutive days or more; that the applicant shall then notify the Director again prior to any change in that status; and that the period of probation shall resume and any terms of probation which were not fulfilled shall be fulfilled upon the applicant’s return to practice in New York State; and that upon satisfactory completion of the probationary period, his license shall be fully restored.  [PPC EXS (A) 7]

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 September 15, 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 [Oral Report] – The Associate Commissioner provided updates on current topics of interest, including:
• • the Office of the Professions (OP) budget in light of the recent enactment of the OP Fee Bill;
  • the implementation of social work and mental health professions and needed legislation to address critical outstanding issues; and
  • OP’s participation in efforts to provide for widespread immunizations against H1N1 influenza. 

              That concludes my report.

                                                                                                  _______________________________

                                                                                                  Harry Phillips, 3rd, Co-Chairperson