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Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on February 11, 2014. All Committee members were present. Regent James C. Dawson and Regent Kathleen M. Cashin 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 5 cases, and further recommends that 1 summary suspension application be granted. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 45 consent order applications and 3 surrender applications be granted.  [PPC EXS (A) 1-3, 7]

In the case of William Roberto Alvarado, Massage Therapist, Calendar No. 26570, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be clarified to specify that the fine which was imposed upon respondent was in the amount of $500 and that the penalty shown on page 4 of the report of the Regents Review Committee be amended to state: that respondent be fined $500 and that respondent’s license to practice as a massage therapist in New York State be suspended for a period of two years; that execution of said suspension be stayed; and that respondent be placed on probation for a period of 2 years, said probation to commence upon the service of the order in this matter and therefore to run concurrently with the period of suspension, under the terms of probation annexed to the report of the Regents Review Committee, made a part thereof, and marked as Exhibit B, said terms of probation to include provisions both regarding respondent remaining alcohol abuse-free and for the payment of this fine.

These recommendations are made following the review of 54 cases involving nine registered professional nurses, six licensed practical nurses, six licensed practical nurses who are also registered professional nurses, five pharmacists, five professional engineers, four certified public accountants, two architects, one chiropractor, one dentist, one dentist who is also a holder of a dental enteral conscious sedation certificate, one physical therapist assistant, one podiatrist, one public accountancy partnership, one licensed clinical social worker, one licensed master social worker, one licensed mental health counselor, and one massage therapist.

Restorations
Your Committee recommends the following:

That the action taken by the Board of Regents on December 17, 2013 with respect to the application of Thomas Butti for the restoration of his license to practice as a chiropractor in the State of New York be vacated, and, upon considering the matter at the Board’s February 2014 meeting, that such application be denied.  [PPC EXS (A) 4]

That the application of Jacob Harris for the restoration of his license to practice as a physician in New York State be denied.  [PPC EXS (A) 5]

Approvals

Regulations: Podiatric Ankle Surgery Privilege – Your Committee recommends the following:
That section 65.8 of the Regulations of the Commissioner of Education be added, as submitted, effective February 26, 2014; and 
That section 65.8 of the Regulations of the Commissioner of Education be added, as submitted, effective February 17, 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 to ensure the timely implementation of Chapter 438 of the Laws of 2012.  [PPC (A) 1]

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 February 11, 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
    • Licensing Petitions and Conferral of Degrees
    • Permission to Operate – Wilkes University: authorized to place students from its Adult-Gerontology Primary Care Nurse Practitioner program leading to the M.S. degree in health agencies in NYS for supervised clinical experiences
  • Updates on OP Initiatives
    • Vacancies on the State Boards for the Professions
    • Technology Update
    • Legislation
    • Staffing/Productivity Update

School-Based Healthcare Initiatives – A presentation was made to the Committee describing a school-based health care delivery system that serves children and families in non-traditional ways.  [PPC (D) 1]

Regulations Relating to Pharmacy Mail Order – The proposed regulations implement the mail order pharmacy component of the 2012 legislation requiring interpretation and translation services for limited English proficient individuals.  [PPC (D) 2]   

Associated Agenda Item

Meeting Date: 
Tuesday, February 11, 2014 - 8:00am