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Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on January 9, 2017.  All Committee members were present, except Regent Christine D. Cea, who was excused.  Chancellor Betty A. Rosa, Regent Kathleen M. Cashin, Regent  Nan Eileen Mead, 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 5 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 39 consent order applications and 12 surrender applications be granted, with four members of the committee voting acceptance of the consent application in the case of Monesh Hanoman, Pharmacist, Calendar No. 27407  and with Regent Josephine Victoria Finn voting in opposition to the application in said case. [PPC EXS (A) 1-3]

In the case of Dennis VanZandt, licensed practical nurse, Calendar No. 28887, we recommend that the Regents Review Committee report be corrected as follows: (1) wherever in the report of the Regents Review Committee or in the terms of probation set forth in Exhibit “B” to the Regents Review Committee report the specialty for a nurse practitioner is referred to as “psychological”, the report and terms of probation be deemed corrected insofar as the word “psychological” be deemed deleted and, in lieu thereof, the word “psychiatric” be deemed substituted in its place as the specialty for a nurse practitioner; and (2) term of probation numbered three set forth in Exhibit “B” to the Regents Review Committee report be deemed deleted and the following term of probation be deemed substituted in its place as term of probation numbered three in the terms of probation in this matter:

3.  That, during the period of probation, respondent shall remain psychologically fit to practice respondent's profession and shall not commit any crime involving a child, including Possessing A Sexual Performance by a Child; that respondent shall submit, at respondent’s expense, to an examination and any necessary treatment by a physician, psychiatrist, psychologist, licensed clinical social worker or nurse practitioner (psychiatric specialty) selected by and previously approved, in writing, by the New York State Education Department, and respondent shall, once every three (3) months during the period of probation, submit a report from said physician, psychiatrist, psychologist, licensed clinical social worker or nurse practitioner (psychiatric specialty) to the New York State Education Department, addressed to the Director, Office of Professional Discipline, as aforesaid, in which said physician, psychiatrist, psychologist, licensed clinical social worker or nurse practitioner (psychiatric specialty) shall state whether respondent is or is not psychologically fit to practice respondent's profession as a licensed practical nurse in the State of New York and is or is not a risk to commit any crime involving a child, including Possessing A Sexual Performance by a Child.  If any information is received by the New York State Education Department indicating that respondent is not psychologically fit to practice respondent's profession as a licensed practical nurse in the State of New York or is a risk to commit any crime involving a child, including Possessing A Sexual Performance by a Child, such information shall be processed to the Board of Regents for its determination in a violation of probation proceeding initiated by the New York State Education Department and/or such other proceedings pursuant to the Education Law and/or Rules of the Board of Regents;

and we also recommend that the recommendation as to the penalty to be imposed upon respondent be modified as follows:

that respondent's license and registration to practice as a licensed practical nurse in the State of New York be suspended upon the specification of the charge of which respondent has been found guilty for a period of no less than 30 days and until such time as respondent shall (1) submit, at respondent's expense, to an evaluation and, if necessary, treatment with respect to his psychological health and risk of committing any crime involving a child, including Possessing A Sexual Performance by a Child, by a physician, psychiatrist, psychologist, licensed clinical social worker, or nurse practitioner (psychiatric specialty), other than “M.M.”, approved, in writing, by the Director, Office of Professional Discipline, New York State Education Department, 1411 Broadway – Tenth Floor, New York, NY 10018-3496; (2) said physician, psychiatrist, psychologist, licensed clinical social worker, or nurse practitioner (psychiatric specialty), other than “M.M.”, submits a written report to the New York State Education Department, addressed to the Director, Office of Professional Discipline, as aforesaid, in which said individual certifies that respondent is psychologically fit to practice as a licensed practical nurse in the State of New York and is not a risk to commit any crime involving a child, including Possessing A Sexual Performance by a Child; and 3) said Director, Office of Professional Discipline, is thereafter satisfied that respondent was found to be fit to practice as a licensed practical nurse in the State of New York and to not be a risk to commit any crime involving a child, including Possessing A Sexual Performance by a Child, at which time said Director shall notify respondent, in writing, of the termination of the suspension of respondent’s license to practice as a licensed practical nurse in the State of New York and the effective date of said termination.  Further, that at such time as stated below, respondent shall be placed on probation for a period of 3 years, as prescribed by the Regents Review Committee, except as term of probation numbered 3 is modified as stated above, with special terms that he remain psychologically fit to practice respondent's profession and shall not commit any crime involving a child, including Possessing A Sexual Performance by a Child; and that he continue to submit quarterly reports from a physician, psychiatrist, psychologist, licensed clinical social worker, or nurse practitioner (psychiatric specialty), said requirement may be satisfied by such reports being submitted by “M.M.” if respondent so desires, to the New York State Education Department, addressed to the Director, Office of Professional Discipline, as aforesaid, in which said professional shall state whether or not respondent is currently psychologically fit to practice as a licensed practical nurse in the State of New York and is not a risk to commit any crime involving a child, including Possessing A Sexual Performance by a Child.  Said three year period of probation shall commence subsequent to the termination of the suspension of respondent’s license, and upon respondent’s actual return to practice as a licensed practical nurse in the State of New York as to which respondent shall inform the New York State Education Department, by certified mail, return receipt requested, to the Director, Office of Professional Discipline, addressed as aforesaid, at least seven (7) days prior to respondent’s actual return to practice as a nurse in the State of New York;

and that the recommendation of the Regents Review Committee in this matter shall otherwise be accepted, with four members of the committee voting acceptance with the corrections and modification noted herein, and with Regent Catherine Collins abstaining.

These recommendations are made following the review of 56 cases involving sixteen licensed practical nurses, thirteen registered professional nurses, seven pharmacists, four licensed practical nurses who are also registered professional nurses, two dentists, two professional engineers, one architect, one chiropractor, one licensed master social worker, one licensed master social worker who is also a licensed clinical social worker, one massage therapist, one pharmacy, and one physical therapist.

Restorations

Your Committee recommends the following:

          That the application of John Mikuszewski for the restoration of his license to practice as a professional engineer in New York State be denied. [PPC EXS (A) 4]

          That the application of Douglas A. Vernoia for the restoration of his license to practice as a certified public accountant in New York State be denied. [PPC EXS (A) 5]

Approvals

Regulations: Continuing Education Requirements for Veterinarians and Veterinary Technicians – Your Committee recommends the following:

That paragraph (3) of subdivision (a) of section 62.8 of the Regulations of the Commissioner of Education, paragraph (1) of subdivision (c) of section 62.8 of the Regulations of the Commissioner of Education, and subdivision (g) of section 62.8 of the Regulations of the Commissioner of Education be amended, and paragraph (4) of subdivision (a) of section 62.8 of the Regulations of the Commissioner of Education be added, as submitted, effective February 2, 2017, 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 conform the Regulations of the Commissioner of Education to timely implement the requirements of Chapter 398 of the Laws of 2016, which provides that applicants for registration as veterinarians may satisfy up to three hours of their 45 hours of required triennial continuing education by providing free spaying and neutering and other veterinary services. [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 January 9, 2017, 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 

  • Full Board Consent Agenda Items
    • Board (Re)Appointments
    • Licensing Petitions
    • Proposed Amendment to Sections 76.1 and 76.7 of the Regulations of the Commissioner of Education Relating to the Education Requirements for Occupational Therapists and Occupational Therapy Assistants
    • The City University of New York College of Staten Island: Authorization to Award the Master of Engineering Degree

Associated Agenda Item

Meeting Date: 
Monday, January 9, 2017 - 4:00pm