Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on November 17, 2015.  All members were present, except Regent Wade S. Norwood who was excused.  Regent Judith Johnson and Regent Beverly L. Ouderkirk were also present, but did not vote on any cause 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 31 consent order applications and 5 surrender applications be granted. [PPC EXS (A) 1-3]

In the case of Howard Bennett, Licensed Practical Nurse, Calendar No. 27820, we recommend that the recommendation as to the penalty to be imposed rendered by the Regents Review Committee be accepted, except that term of probation numbered 4 be deemed deleted and terms of probation numbered 5 through 8 be deemed renumbered as terms of probation numbered 4 through 7, respectively.

These recommendations are made following the review of 41 cases involving ten licensed practical nurses, nine registered professional nurses, four licensed practical nurses who are also registered professional nurses, three certified public accountants, two licensed clinical social workers, two pharmacists, one chiropractor, one licensed master social worker, one occupational therapist, one podiatrist, one professional engineer, and one registered professional nurse who is also a nurse practitioner (family health).

Restorations

Your Committee recommends the following:

That the application of Robert Duca for the restoration of his license to practice as a pharmacist in New York State be denied. [PPC EXS (A) 4]

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

That the revocation of Malcolm E. Scoon’s license to practice as a physician in New York State be stayed and that he be placed on probation for no less than one year under specified terms and conditions, and upon successful completion of probation, to fully restore his license. Regent Cottrell was recused from the consideration of this item. [PPC EXS (A) 7]

That the application for reconsideration of the Board of Regents determination of March 20, 2012 and the resulting Vote and Order dated May 10, 2012, regarding the petition of Hank Ross for restoration of his license to practice as a physician in the State of New York, be granted; and that the recommendation of the Committee on the Professions for a probationary period of three years be accepted. [PPC EXS (A) 8]

Approvals

Regulations: Collaborative Drug Therapy Management for Pharmacists – Your Committee recommends the following:

That section 63.10 of the Regulations of the Commissioner of Education be amended as submitted, effective December 13, 2015, 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 immediately establish requirements and otherwise conform the Regulations of the Commissioner of Education to timely implement the  provisions of Chapter 238 of the Laws of 2015, which include the expansion of the collaborative drug therapy management program to general hospitals and nursing homes with an on-site pharmacy staffed by a licensed pharmacist. 

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 November 17, 2015, 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

Licensing Examination Requirements for Dental Hygienists – Proposed amendments to Section 61.7 of the Regulations of the Commissioner of Education relating to the licensing examination requirements for dental hygienists. [PPC (D) 1]