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January 2010

TO:

The Honorable the Members of the Board of Regents

 

FROM:

Frank Muñoz

SUBJECT:

Report of the Committee on the Professions Regarding Licensing Petitions

DATE:

December 29, 2009

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 

Summary

 

Issue for Decision (Consent Agenda)

Should the Regents approve the recommendations of the Committee on the Professions pertaining to licensing petitions as listed on the attachment?

Proposed Handling

This question will come before the full board at its January 2010 meeting where it will be voted on and action taken. 

Procedural History

Section 6506(5) of the Education Law and Section 24.7 of the Rules of the Board of Regents authorize the Regents to waive education, experience and examination requirements for a professional license as well as to confer the degree Doctor of Medicine.

Background Information

There are 2 licensing petitions and 10 requests for the conferral of the degree Doctor of Medicine for review and approval.

Recommendation

It is recommended that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.

Timetable for Implementation

Approval of the Committee on the Professions’ recommendations will be effective January 12, 2010.


 

 

Cases Presented to Board of Regents on:  January 12, 2010                                                                                SUMMARY REPORT

PROFESSION

 

EDUCATION

EXAMINATION

 

Experience

Confer Degree Doctor of Medicine

Three-Year

Limited License

Pre-Professional

Professional

Post-Graduate

Proficiency

Licensing

Medicine

 

 

10-01-60*

10-01-60*

 

 

10-01-60C

to

10-10-60C

 

Pharmacy

 

10-01-20

   

 

     

OTHER:

 

Total for fiscal year to date:           191

Total for calendar year to date:        12

 

 


Board of Regents:  January 12, 2010

PHARMACY  

10-01-20                                     

Hosneara Malik

Farmingdale, New York 11735

 

Petition for:  Waiver of the requirement that a pharmacist or chemist supervise regulated activities as a manufacturer or wholesaler registered under Section 6808.4 of Education Law.

 

Statement of Problem:  Ms. Malik is not a pharmacist and does not have a degree in chemistry but wants to supervise for a pharmaceutical manufacturer.  Section 63.6c of the Regulations of the Commissioner of Education requires that a manufacturer or wholesaler registered by the New York State Board of Pharmacy under Section 6808.4 of the Education Law have a pharmacist present during all business hours or be under the supervision of a chemist who holds a bachelor’s degree in chemistry and who has at least two years of experience in the manufacturing, repacking and/or wholesaling of drugs satisfactory to the New York State Board of Pharmacy.

              Ms. Malik completed undergraduate studies in Biology through the University of Dhaka, Bangladesh (formerly part of Pakistan).  At that time, two years were required for a B.Sc. pass degree and three years for a B.Sc. honors degree beyond Higher Secondary studies.  Ms. Malik also notes other degree studies in unrelated fields.  Ms. Malik reports that beside the basic Biology subjects, 40% of the course work was in a chemistry sequence including Inorganic Chemistry, Organic Chemistry, Physical Chemistry, and Medicinal Chemistry. 

              Although the petitioner does not have a degree in chemistry or pharmacy, she has 25 years experience at various manufacturing companies.  Ms. Malik’s resume indicates she worked as a:

 

  • Production Supervisor for Zenith Laboratories, Inc in Northvale, New Jersey from June 1982 through December 1988
  • Production Supervisor for Naska Pharmacal Company Inc. in Hauppauge, New York from April 1989 to July 1994
  • Vice President of Operations for Syntho/Intermax Pharmaceutics Inc., in Farmingdale, New York from February 1994 to present.

 

              Based on her education and related experience, the Executive Secretary of the New York State Board of Pharmacy recommends that Ms. Malik be granted a waiver of the requirement of a degree in chemistry or pharmacy as she seems well qualified for the position she will be assuming.


 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Section 6808.4 of Education Law and Section 63.6(c) of the Commissioner's Regulations:

 

A manufacturer or wholesaler registered by the State Board of Pharmacy must have a pharmacist present during all business hours or (1) be under the supervision of a chemist who holds a bachelor's degree with a major in chemistry and (2) has at least two years of experience in manufacturing, repacking and/or wholesaling of drugs which is satisfactory to the Board.

Wholesalers that do not repack may designate a supervisor who has completed a minimum of two years of education beyond high school and who has the experience noted above.

(1) University of Dhaka 

(undergraduate studies in Biology) .

(2) Present employment is with the manufacturer Intermax Pharmaceutics Inc., Farmingdale, New York, February 1994 to present.  Ms. Malik is Vice President of Operations.

 

RECOMMENDATION:  The Committee on the Professions, in concurrence with the Executive Secretary of the New York State Board of Pharmacy, recommends that Hosneara Malik be designated the supervisor of Intermax Pharmaceuticals Inc., for the purpose of continuing current operations as a pharmaceutical manufacturer. 


Board of Regents:  January 12, 2010

MEDICINE

10-01-60

Andre L. D’Avila

New York, New York 10029-6574

(Universidade de Santa Catarina, Florianopolis, Brazil, Medico, July 1988)

Petition for:  Approval of the postgraduate hospital training requirement, proficiency examination requirement and endorsement of applicant’s medical license from Brazil.

Statement of Problem:  The Regulations of the Commissioner of Education allow for endorsement of an applicant’s license from another jurisdiction if appropriate requirements are met and if the applicant has not failed any part of New York State’s licensing examination.  A license granted in a country outside the United States can be endorsed if licensure in that country is regulated by an organization designated as responsible for quality assurance and acceptable to the Board of Regents.  Additionally, the applicant must satisfactorily demonstrate completion of an acceptable proficiency examination, clinical competency examination, three years of ACGME-accredited postgraduate training or the equivalent, and five years of satisfactory professional experience.

              The Executive Secretary of the New York State Board for Medicine has reviewed the documentation submitted in support of Dr. D’Avila’s application. He recommends that Dr. D’Avila’s postgraduate training in Brazil and the United States in internal medicine and cardiology be accepted as the substantial equivalent of the required three years of ACGME-accredited postgraduate training.  Regulations of the Commissioner of Education allow the Board of Regents to accept appropriate foreign medical licenses and diplomate certificates to fulfill the licensure and proficiency examination requirements as well as the clinical competency requirements for endorsement.  Dr. D’Avila has been licensed in Brazil since 1998.  His license is active and in good standing.  Additionally, Dr. D’Avila earned a Specialist Certificate in Cardiology from the Sociedade Brasileira de Cardiologia (Rio de Janeiro, Brazil) in 1996.  He then completed a doctoral program in cardiology receiving the Titulado in Cardiology from the Universidade de Sao Paulo (Sao Paulo, Brazil) in 1999.  The Executive Secretary of the State Board for Medicine recommends that Dr. D’Avila’s Titulado in Cardiology combined with his four years of clinical faculty appointment in the United States be accepted to fulfill the proficiency examination requirement. The Executive Secretary further recommends that Dr. D’Avila’s Specialist Certificate in Cardiology from the Sociedade Brasileira de Cardiologia be accepted to fulfill the clinical competency requirement for endorsement. 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Sections 60.1 and 60.5 of the Commissioner’s Regulations require:

 

(1) Six years of postsecondary education, including at least 32 months of medical education.

(1) Universidade de Santa Catarina (1982-1988), Florianopolis, Brazil, Medico, July 1988.

(2) Proficiency examination.

(2) (a) Titulado in Cardiology, Universidade de Sao Paulo, Sao Paulo, Brazil, 1999.

(2) (b) Instructor in Medicine, Harvard Medical School, November 2005 – November 2008.

(2) (c) Associate Professor of Medicine, University of Miami, July 2008 – November 2009.

(3) Three years of approved postgraduate hospital training.

(3)(a)  Residency and fellowship in both internal medicine and cardiology at The Hospital de Clinicas and the Instituto do Coracao da Universidade de Sao Paulo, Sao Paulo, Brazil, January 1989 through December 1991.

(3)(b)  Postdoctoral research fellowship in Clinical Cardiac Electrophysiology, Massachusetts General Hospital, Boston, Massachusetts, May 1, 2001 through June 1, 2002.

(3)(c)  Senior research fellow in the Experimental Electrophysiology Laboratory of Cardiac Arrhythmia Service, Massachusetts General Hospital, Boston, Massachusetts, May 2002 through September 2003.

(4) Appropriate medical license or certificate. 

(4) Brazilian medical license, 1998.

(5) Acceptable scores on a clinical competency examination acceptable to the Department.

(5)  Specialist Certificate in Cardiology from the Sociedade Brasileira de Cardiologia, Rio de Janeiro, Brazil, 1996.

(6) Not less than five years of satisfactory professional experience.

(6) Five years of satisfactory professional experience.

(7) United States citizen or alien lawfully admitted for permanent resident status in the United States.

(7)

(8) Evidence of good moral character.

(8) Good moral character.

(9) Evidence of the required course in the identification and reporting of child abuse and maltreatment.

(9)  Completed the required course in the identification and reporting of child abuse and maltreatment.

RECOMMENDATION:   The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Medicine, recommends that the applicant’s proficiency examination and postgraduate hospital training requirements be considered satisfied and that he has fulfilled the licensure and clinical competency requirements for endorsement of his medical license from Brazil.            


Board of Regents:  January 12, 2010

MEDICINE

Petition for: Conferral of the degree Doctor of Medicine (M.D.) pursuant to Section 6529 of the Education Law.

Summary Statement: The petitioners listed below are all graduates of foreign medical schools who have been licensed in New York.

              The applicable requirements of Section 3.57 of the Rules of the Board of Regents require completion of a medical education program in a foreign medical school satisfactory to the Department which does not grant the degree Doctor of Medicine (M.D.), and in which the philosophy and curriculum were equivalent, as determined by the Department in accordance with the policy of the Board of Regents, to those in programs leading to the degree Doctor of Medicine (M.D.) at medical schools in the United States satisfactory to, or registered by, the Board of Regents and the Department. Secondly, petitioners must have licensure to practice medicine in New York State in accordance with provisions of Section 6524 or 6528 of the Education Law or their equivalent as determined by the Board of Regents pursuant to their authority under Section 6506 of the Education Law.

NAME OF PETITIONER

QUALIFICATIONS

10-01-60C

Cyril Gunawardane

Portville, NY 14770

  • University of Ceylon, Lolambo, Sri Lanka, Bachelor of Medicine, Bachelor of Surgery, 2/21/74.
  • License #171403, issued on 7/30/87.

10-02-60C

Surianarayanan Karthikeyan

Pittsford, NY 14534

  • Madras Medical College, Chennai, India Bachelor of Medicine, Bachelor of Surgery, 10/21/79.
  • License #220745, issued on 3/29/01.

10-03-60C

Huikang Lai

Manhasset, NY 10013

  • Guangzhou Medical College, Guangzhou, People’s Republic of China, Bachelor of Medicine, 7/1/89.
  • License #226453, issued on 9/23/02.

10-04-60C

Khaing Moe

Manhasset Hills, NY 11040

(1) Institute of Medicine I, Rangoon, Myanmar, Bachelor of Medicine, Bachelor of Surgery, 8/12/84.

(2) License #231211, issued on 2/4/04.

10-05-60C

Assem Mohamed

Howard Beach, NY  11414

  • University of Cairo, Cairo, Egypt, Bachelor of Medicine, Bachelor of Surgery, 12/30/90.
  • License #237274, issued on 8/12/05.

10-07-60C

Roopika Reddy

Howell, NJ 07731

  • M.S. Ramaiah Medical College, Bangalore, India, Bachelor of Medicine, Bachelor of Surgery, 3/23/05.
  • License #255112, issued on 10/6/09.


10-08-60C

Ma Sandar

Brooklyn, NY 11201

  • Institute of Medicine I, Yangon, Myanmar, Bachelor of Medicine, Bachelor of Surgery, 6/1/02.
  • License #254965, issued on 9/24/09.

10-09-60C

Louis Verardo

Setauket, NY 11733

  • University of Bologna, Bologna, Italy, Doctor of Medicine & Surgery, 7/1/78.
  • License #141828, issued on 4/4/80.

10-10-60C

Lanjing Zhang

Westfield, NJ 07090

  • Tongi Medical University, Wuhan, People’s Republic of China, Bachelor of Medicine, 6/30/98.
  • License #255005, issued on 9/28/09.

RECOMMENDATION: The Committee on the Professions, in concurrence with the State Board for Medicine, recommends that the petitioners be awarded the degree Doctor of Medicine (M.D.) in accordance with provisions of Section 6529 of the Education Law.