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Report of Regents Professional Practice Committee to The Board of Regents

Report of REGENTS PROFESSIONAL PRACTICE COMMITTEE to The Board of Regents
December 16, 2014

Your Professional Practice Committee held its scheduled meeting on December 15, 2014. All Committee members were present, except Regent James E. Cottrell, who was excused. Regent James C. Dawson, Regent T. Andrew Brown and Regent James R. Tallon, Jr. 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, with four members of the committee voting acceptance of the report in the matters of Lawrence William Rupp, Sr., L.P.N., R.N., Cal. Nos. 26749 and 26750 and with Regent Josephine Victoria Finn voting in opposition to the report in such matters. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 55 consent order applications and 11 surrender applications be granted. [PPC EXS (A) 1-3]

These recommendations are made following the review of 73 cases involving thirteen licensed practical nurses, twelve registered professional nurses, eight certified public accountants, six licensed practical nurses who are also registered professional nurses, four professional engineers, three massage therapists, three pharmacists, two dentists, two registered professional nurses who are also nurse practitioners, one acupuncturist, one architect, one cytotechnologist, one dental hygienist, one licensed clinical social worker, one licensed master social worker, one licensed master social worker who is also a licensed clinical social worker, one physical therapist, one physical therapist assistant, one veterinarian, and one veterinary technician.

Restorations

Your Committee recommends the following:

That the surrender of the licensed practical nurse license of Yessica Aldana be stayed; that she be placed on probation, under the Terms of Probation annexed to the Report of the Committee on the Professions; that said probation be for a period ending two years from the date the Director of the Office of Professional Discipline determines that she has successfully completed the educational courses and credits required in paragraph 3 of the Terms of Probation; and that, upon successful completion of probation, her license be fully restored.

That the application for the restoration of the physician license of Ivan D’Souza be denied.

Approvals
Regulations: Nurse Practitioner Practice – Your Committee recommends the following:

That subdivision (a) of section 29.14 of the Rules of the Board of Regents is amended, and subdivision (g) of section 64.5 of the Regulations of the Commissioner of Education is added, as submitted, effective January 1, 2015. [PPC (A) 1]

Regulations: Dental Hygiene Practice Pursuant to Collaborative Arrangements – Your Committee recommends the following: That the introductory paragraph of section 61.9 of the Regulations of the Commissioner of Education is amended, subdivision (b) of section 61.9 is amended, subdivision (c) of section 61.9 is amended, subdivision (e) of section 61.9 is amended, and subdivision (f) of section 61.9 is added, as submitted, effective January 1, 2015. [PPC (A) 2]

Regulations: Licensure of Behavior Analysts and Certification of Behavior Analyst Assistants – Your Committee recommends the following: That subdivisions (a) and (b) of section 29.2 of the Rules of the Board of Regents and paragraph (1) of subdivision (a) of section 59.14 of the Regulations of the Commissioner of Education be amended and sections 52.44 and 52.45 and Subparts 79-17 and 79-18 of the Regulations of the Commissioner of Education be added, as submitted, effective December 16, 2014, 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 in order to timely implement the requirements of Chapter 554 of the Laws of 2013 and Chapter 8 of the Laws of 2014, which establish and define the practice of the profession of applied behavior analysis and establish the education, experience, examination, age, moral character and fee requirements for applicants seeking licensure as a licensed behavior analyst or certification as a certified behavior analyst assistant. Regent Finn abstained from voting on this item. [PPC (A) 3]

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 December 15, 2014, 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/Update [Oral Report]

Full Board Consent Agenda Items
Board (Re)Appointments

Associated Agenda Item

Meeting Date: 
Monday, December 15, 2014 - 4:55pm