Committee Report | July 2012
REGENTS PROFESSIONAL PRACTICE COMMITTEE
The Board of Regents
July 16, 2012
Your Professional Practice Committee held its scheduled meeting on July 16, 2012. All Committee members were present except Regent Christine D. Cea, who was excused. Chancellor Merryl H. Tisch, Regent James C. Dawson and Regent T. Andrew Brown were 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 6 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 5 surrender applications be granted. [PPC EXS (A) 1-3]
In the case of Saleh A. Elahwal, Dentist, Calendar No. 25947, we recommend that the April 24, 2012 Vote of the Board of Regents and Order of the Deputy Commissioner for the Professions be affirmed and maintained with the clarification, solely regarding the manner and time for the payment of the $10,000 fine imposed upon respondent, that respondent be directed to pay the $10,000 fine imposed upon him 1) by certified or bank cashier’s check, payable to the order of the New York State Education Department, to be delivered to the Director, Office of Professional Discipline, New York State Education Department, 195 Montague Street - Fourth Floor, Brooklyn, NY 11201-3631 and 2) within 90 days after the effective date of the service of the Amended Vote and Order to be issued in this matter, and that the penalty previously imposed in this matter, that respondent be fined $10,000, respondent’s license and registration to practice as a dentist in the State of New York be suspended for two years, and that execution of the last twenty-one months of said suspension be stayed, remain in full force and effect and be accepted in all respects as of the effective date of the previous April 24, 2012 Vote and Order in this matter.
These recommendations are made following the review of 39 cases involving five licensed practical nurses, four licensed practical nurses who are also registered professional nurses, four pharmacists, three certified public accountants, three registered professional nurses, two architects, two chiropractors, two licensed clinical social workers, two professional engineers, one architecture professional corporation, one dentist, one midwife, one ophthalmic dispenser, one pharmacy, one psychologist, one respiratory therapist, and one veterinarian.
Your Committee recommends the following:
That the application of Guido Spangher for the restoration of his license to practice as physician in New York State be granted without restriction. [PPC EXS (A) 4]
That the application of Seshagiri Rao Vavilikolanu for the restoration of his license to practice as physician in New York State be denied. [PPC EXS (A) 5]
Your Committee recommends approval of the following:
Regulations Relating to Polysomnographic Technology (PPC (A) 1) – That new sections 52.42 and 79-4.8 through 79-4.17 of the Regulations of the Commissioner of Education be added and that the title of Subpart 79-4 of the Regulations of the Commissioner of Education be amended, all as submitted, effective August 3, 2012, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare to establish requirements for the authorized practice of polysomnographic technology, and thereby ensure the timely implementation of Chapter 262 of the Laws of 2011.
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 July 16, 2012, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Your Committee discussed several topics of interest, including:
Deputy Commissioner’s Report [Oral Report]
- Full Board Consent Agenda Items
- Amendment to Commissioner’s regulations regarding the approval of International Medical Schools to Place Students in Long-Term Clinical Clerkship in New York
- Board (Re)Appointments
- Licensing Petitions
- Regents Authorizations:
- Hunter College of the City University of New York
- State University of New York Health Science Center at Syracuse
Updates on OP Initiatives
- Technology Update
- Staffing/Productivity Update
- Legislative Update
- Status of Corporate Practice Waivers
- Update on Report to the Legislature regarding the Licensure of Individuals providing certain Mental Health Services