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Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on September 17, 2013.  All Committee members were present except for Regent Geraldine Chapey who was excused.  Chancellor Merryl H. Tisch, 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 11 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 58 consent order applications and 22 surrender applications be granted.  [PPC EXS (A) 1-3]

These recommendations are made following the review of 91 cases involving twenty-seven licensed practical nurses, seventeen registered professional nurses, seven licensed practical nurses who are also registered professional nurses, five certified public accountants, five chiropractors, four architects, four dentists, two massage therapists, two occupational therapists, one clinical laboratory technologist, one licensed master social worker, one optometrist, one pharmacist, one physical therapist, one podiatrist, one psychologist, one registered professional nurse who is a nurse practitioner in both Adult Health and Psychiatry, and one veterinary technician.

It is also recommended that the Board of Regents approve the recommendation of the hearing officer and direct the State Education Department to rescind the clinical laboratory technologist license of Nya C. Walker.  [PPC EXS (A) 9]

Restorations

Your Committee recommends the following:

That following such time as he passes the NAPLEX examination, as to which he shall inform the Director, Office of Professional Discipline at least seven (7) days prior to his return to practice, the execution of the surrender of the pharmacist license of Gary Grossman be stayed; that, upon his return to practice, he be placed on probation for a period of three years under the terms and conditions of probation annexed to the Report of the Committee on the Professions as Exhibit A; and that, upon successful completion of probation, his license be fully restored.  [PPC EXS (A) 4]

That the execution of the surrender of the pharmacist license of Neil E. Norwood be stayed; that he be placed on probation for one year under the terms and conditions annexed to the Report of the Committee on the Professions as Exhibit A; and that, upon successful completion of probation, his license be fully restored.  [PPC EXS (A) 5]

That the application of Raymond Paas for the restoration of his license to practice as a physical therapist in the State of New York be denied.  [PPC EXS (A) 6]

That the application of Jung Su Park for the restoration of his license to practice as a massage therapist in the State of New York be denied.  [PPC EXS (A) 7]

That the application of Stanley F. Schoenbach for the restoration of his physician license be remanded to the Committee on the Professions.  [PPC EXS (A) 8]

Approvals

Your Committee recommends approval of the following:

Regulations Relating to Pharmacy [PPC (A) 1] – That paragraph (2) of subdivision (b) of section 63.9 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 29, 2013, 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 conform the Regulations of the Commissioner to timely implement the requirements of Chapter 274 of the Laws of 2013, which authorizes qualified pharmacists to administer meningococcal vaccine, effective October 29, 2013.

Regulations Relating to Clinical Clerkships [PPC (A) 2] – That paragraph (2) of subdivision (f) of section 60.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 24, 2013, 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 allow for the appointment of an additional member of the Board of Regents to the Advisory Committee on Long-Term Clinical Clerkships prior to the Committee’s next meeting on October 25, 2013.

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 September 17, 2013, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed the following topic of interest:

Regulations Relating to Continuing Competency Requirements in Occupational Therapy [PPC (D) 2] – The proposed amendments to the Commissioner’s regulations make changes in the continuing competency requirements in occupational therapy with regard to the activities for which CE credit may be earned and the approval of sponsors. The amendments also impose a fee for the approval of sponsors and make a technical correction in existing language. These regulations will be presented for action in October.

Associated Agenda Item

Meeting Date: 
Tuesday, September 17, 2013 - 8:30am