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Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on March 10, 2014.  All Committee members were present. Regent James C. Dawson was 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 4 cases and that the recommendation of penalty to be imposed in one case not be accepted as hereafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 6 surrender applications be granted.  [PPC EXS (A) 1-3]

In the case of Sherry R. Holcomb a/k/a Sherry R. Zerillo a/k/a Sherry R. O’Donnell, licensed practical nurse, Calendar No. 26820, the report of the Regents Review Committee be accepted except that its recommendation as to the penalty to be imposed contained in said report be modified and, based on the total circumstances of the case, the suspension of respondent’s license to practice as a licensed practical nurse in the State of New York be no less than 6 months, and that the remainder of the terms of the recommended penalty as set forth in the report of the Regents Review Committee otherwise be accepted.

In the case of Ann M. Dougherty a/k/a Ann Dougherty Buckland a/k/a Ann Dougherty Smith, registered professional nurse, Calendar No. 26826, we recommend that the report of the Regents Review Committee be clarified as follows: the title of the profession of “licensed practical nurse” shown on line 6 as well as on lines 11-12 of page 5 of the Regents Review Committee report each be deemed deleted and, in lieu thereof, to read respondent’s professional title of “registered professional nurse," and the title of the profession of “certified social worker” shown on line 9 of page 4 of the Regents Review Committee report be deemed deleted and, in lieu thereof, to read “licensed clinical social worker.”

In the case of Heather L. Young-Reed a/k/a Heather L. Young, licensed practical nurse, Calendar No. 26896, we recommend that 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 5 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 licensed practical nurse in New York State be suspended for a period of 1 year; that execution of said suspension be stayed; and that upon service of the order in this matter, respondent be placed on probation for a period of 1 year, 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 provision for the payment of this fine.

In the case of Doreen M. Varrichio-Prine, registered professional nurse, Calendar No. 26820,we recommend that  the report of the Regents Review Committee be accepted except to the extent that said report is clarified to reflect that the reasons for granting the application for reconsideration, as set forth in said report, do not include that respondent was unrepresented by an attorney at her original Regents Review Committee hearing, but that all other reasons set forth in the report of the Regents Review Committee for granting the application for reconsideration are accepted.

These recommendations are made following the review of 39 cases involving thirteen registered professional nurses, seven licensed practical nurses, three pharmacists, two licensed practical nurses who are also registered professional nurses, two podiatrists, one licensed clinical social worker, one licensed master social worker, one massage therapist, one pharmacy, one professional engineer, one registered professional nurse who is also a nurse practitioner in family health, one respiratory therapist, one veterinarian, one veterinary medicine professional corporation.

Restorations

 Your Committee recommends the following:

That the application of Margaret McKay-O’Dea for the restoration of her certified dental assistant certification be granted.  [PPC EXS (A) 4]

That the application of Jeffrey S. Schwartz for the restoration of his license to practice as a physician be denied.  [PPC EXS (A) 5]

Approvals

Regulations Relating to Pharmacy Mail Order – Your Committee recommends the following:

VOTED: That paragraph (7) of subdivision (a) of section 63.11 of the Regulations of the Commissioner of Education is added, and subdivision (b) and paragraph (1) of subdivision (c) of section 63.11 are amended, as submitted, effective March 30, 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 Education Law section 6829(4) as added by Section 3 of Part V of Chapter 57 of the Laws of 2012 which requires that, effective March 30, 2014, mail order pharmacies provide free, competent oral interpretation services and translation services to limited English proficient individuals.  [PPC (A) 1]  

Regulations Relating to Mental Health Practitioners Limited Permits – Your Committee recommends the following:

That subdivision (c) of section 79-9.4, subdivision (c) of section 79-10.4, subdivision (c) of section 79-11.4, and subdivision (c) of section 79-12.4 of the Regulations of the Commissioner of Education be amended, as submitted, effective March 26, 2014; and it is further

That subdivision (c) of section 79-9.4, subdivision (c) of section 79-10.4, subdivision (c) of section 79-11.4, and subdivision (c) of section 79-12.4 of the Regulations of the Commissioner of Education be amended, as submitted, effective March 17, 2014, as an emergency action upon a finding by the Board of Regents that such action is necessary for preservation of the public health and general welfare to ensure that the emergency rule adopted at the December 2013 Regents meeting to implement the requirements of Chapter 485 of the Laws of 2013 remains continuously in effect until the effective date of the rule's permanent adoption, so that applicants for licensure as a mental health counselor, marriage and family therapist, creative arts therapist or psychoanalyst have up to a total of four years under a limited permit to meet the experience and examination requirements pursuant to statutory requirements.    [PPC (A) 2]

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 March 10, 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 – East Carolina University: authorized East Carolina University to use one clinical agency in New York for clinical education of no more than four students enrolled in its Neonatal Nurse Practitioner program leading to the M.S. degree or the Advanced Certificate.
  • Updates on OP Initiatives
    • Technology Update
    • Legislation
    • Staffing/Productivity Update

Regulations Relating to the Certification of Clinical Nurse Specialists – The proposed amendments implement 2013 legislation establishing the certified nurse specialist title and also amend section 64.4 of the Regulations of the Commissioner of Education to repeal obsolete regulatory provisions relating to the certification of nurse practitioners.  [PPC (D) 1]

Associated Agenda Item

Meeting Date: 
Monday, March 10, 2014 - 4:15pm