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Meeting of the Board of Regents | March 2009

Tuesday, March 17, 2009 - 11:00pm

Report of

REGENTS COMMITTEE

ON PROFESSIONAL PRACTICE

to

The Board of Regents

March 17, 2009

 

              Your Professional Practice Committee held its scheduled meeting on March 17, 2009.  All Committee members were present. 

 

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 6 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 29 consent order applications and 4 surrender applications be granted.  [PPC EXS (A) 1-3]

 

              These recommendations are made following the review of 39 cases involving six licensed practical nurses, five registered professional nurses, four licensed practical nurses who are also registered professional nurses, three pharmacists, three pharmacies, two dentists, two veterinarians, one architect one certified public accountant, one dentist who is also a holder of a certificate of dental anesthesia, one massage therapist, one occupational therapist, one professional engineer, one psychologist, one respiratory therapist, and one veterinary professional corporation.

 

Restorations

 

              Your Committee recommends that the Board of Regents approve the following recommendations of the Committee on the Professions with respect to applications for the restoration of professional licenses:

 

  • Voted, that the Order of Surrender of Michael Gawel’s license to practice as a certified public accountant in the State of New York be stayed and that he be placed on probation, under the terms recommended in the Terms of Probation of the Peer Committee, for a period of one year, and that, upon successful completion of the probationary period, his CPA license be fully restored.  [PPC EXS (A) 4]

 

  • Voted, that the Order of the Commissioner of Health accepting the surrender of Dr. Marvin Galler’s physician license be stayed, that he be placed on probation for a period of five years in accordance with the Terms of Probation of the Committee on the Professions, and that upon satisfactory completion of the probationary period, his medical license be fully restored.  [PPC EXS (A) 5]

 

  • Voted, that the Order of Revocation of Earl M. Kabnick’s license to practice as a physician in the State of New York be stayed and that he be placed on probation, under the terms specified in the Terms of Probation of the Committee on the Professions, for a period of five years, at the beginning of which he must complete a preceptorship, mini-residency in radiology, or retraining program, described in the Terms of Probation, and that, upon satisfactory completion of the probationary period, his medical license be fully restored.   [PPC EXS (A) 6]

 

  • Voted, that the application of Marc David Wilson for restoration of his license to practice as a registered professional nurse in the State of New York be granted without restriction or limitation.  [PPC EXS (A) 8]

 

              Your Committee further recommends that the Board of Regents approve the recommendation of the Peer Committee with respect to the application of Richard Levin for the restoration of his license to practice as a dentist in the State of New York, that the order of surrender of his license be stayed, and that he be placed on probation for a period of seven years, under terms and conditions specified in the Terms of Probation of the Peer Committee, and that, upon satisfactory completion of the probationary period, his dental license be fully restored.  [PPC EXS (A) 7]

 

Consent Agenda

 

              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 appointments 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] 

 

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 March 17, 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 updates on recent events and activities of the Office of the Professions, including the OP budget/fiscal situation, implementation of recent legislation relating to the practice of public accountancy, and ongoing efforts to resolve issues relating to the licensure and practice of social workers, mental health practitioners, and psychologists.  [Oral Report]

 

  • Foreign Medical School Education – The Committee participated in a discussion of the authority and roles of the Board of Regents and the State Education Department in the acceptance of professional education obtained in medical schools located outside the United States for licensure purposes.  [PPC (D) 1]

 

              That concludes my report.

 

 

                                                                                            __________                                      __

                                                                                            Harry Phillips, 3rd, Co-Chairperson

 

 

 

                                                                                            __________                                      __

                                                                                            Milton L. Cofield, Co-Chairperson