THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

                                                                                                                            

 

TO:                                  The Higher Education and Professional Practice Committee

 

FROM:                             Johanna Duncan-Poitier

 

SUBJECT:                        Report of the Committee on the Professions Regarding Licensing Petitions

 

DATE:                              December 16, 2005

 

STRATEGIC GOAL:         Goal 3

 

AUTHORIZATION(S):

 

 

Executive Summary

 

 

Issue for Decision (Consent Agenda)

 

          Should the Regents approve the recommendations of the Committee on the Professions pertaining to licensing petitions as listed on the attachment?

 

Proposed Handling

 

          The question will come before the Higher Education and Professional Practice Committee at its January 2006 meeting where it will be voted on and action taken.  It will then come before the Full Board at its January 2006 meeting for final action.

 

Procedural History

 

          Section 6506(5) of the Education Law and Part 24.7 of the Rules of the Board of Regents authorizes the Regents to waive education, experience and examination requirements for a professional license as well as confer the degree Doctor of Medicine.

 

Background Information

 

          There are 5 licensing petitions and 19 requests for the conferral of the degree Doctor of Medicine for review and approval.

 

 


Recommendation

 

It is recommended that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.

 

Timetable for Implementation

 

          Approval of the Committee on the Professions’ recommendations will be effective January 10, 2006.


 

 

 

Cases Presented to Board of Regents on:  January 10, 2006                                                                                 SUMMARY REPORT

 

 

PROFESSION

EDUCATION

EXAMINATION

 

 

Experience

Confer Degree Doctor of Medicine

 

 

Three-Year

Limited License

Pre-Professional

 

Professional

Post-Graduate

 

Proficiency

 

Licensing

Architecture

 

 

 

 

06-01-03

06-02-03

 

 

 

 

Certified Public Accountancy

 

 

 

 

 

06-01-07

 

 

 

Pharmacy

 

06-01-20

 

 

 

 

 

 

 

Chiropractic

 

 

 

 

 

06-01-70

 

 

 

Medicine

 

 

 

 

 

 

06-01-60C

to

06-19-60C

 

 

OTHER:   .

 

 

 

 

Total for fiscal year to date:   256      

 

Total for calendar year to date:    24

 


ARCHITECTURE

 

Petition for:  Waiver of New York State requirements pertaining to acceptability of licensing examinations for licensure by endorsement.

 

Summary Statement:  The petitioners listed below are all graduates of professionally accredited architecture programs who have applied for licensure in New York.  All have achieved, at a minimum, a Bachelor of Architecture degree.  All petitioners have substantial documented licensed experience in other states.

 

          Prior to 1983, certain states did not require the Equivalency Examination (EE) or the Qualifying Test (QT) if a candidate had a degree from an accredited architecture program, and granted licensure upon passage of the Professional Examination (PE).  Prior to 1975, most states recognized the Examination Syllabus (ES).  The petitioners  passed either the national Professional Examination (PE) given prior to 1983, or portions of the national Examination Syllabus (ES) given prior to 1975.  Prior to 1983, New York State required passage of the Equivalency Examination (EE), or passage of the Qualifying Test (QT) in addition to passage of the national Professional Examination.  Each of the petitioners satisfied the examination requirement in his/her initial state of licensure by passing an acceptable licensing examination and attained licensure in that state.

 

          Section 7304(4) of Education Law and Section 69.3 of the Commissioner’s Regulations require for endorsement that “… an architect licensed in another state or jurisdiction as the result of successful completion of only the professional examination in use before 1983 may be granted licensure upon presentation of evidence of two years of work experience of a grade and character satisfactory to the State Board for Architecture and passage of a practical examination satisfactory to the State Board for Architecture …”

 

          The Department has no documentation of professional disciplinary actions against the petitioners.

 

          Each petitioner satisfied the examination requirement in his/her initial state of licensure and has extensive professional practice starting prior to 1983.  Since the above information illustrates evidence of competence within the profession, and in lieu of the practical examination, the Executive Secretary of the State Board for Architecture recommends that the examination requirement be considered satisfied and each applicant’s licensure in another state be accepted for endorsement in New York State.


 

NAME OF PETITIONER

LICENSURE

06-01-03

Louis E. Krause

Manchester, NH 03104

 

1) New Hampshire, 1982; also licensed in Connecticut.

 

 

06-02-03

Donald R. Small

Austin, TX 78746

 

(1) Texas, 1982; also licensed in Oklahoma, Louisiana, Arizona, Arkansas and Kansas.

 

 

Recommendation:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Architecture, recommends that each applicant’s licensing examination requirement be considered satisfied for licensure through the endorsement route.

 


 

CERTIFIED PUBLIC ACCOUNTANCY

06-01-07

John W. Gunn

Westlake, Ohio 44145

 

(Mr. Gunn is applying under the 15 years of experience route)

 

Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy Examination.

 

Statement of Problem: Mr. Gunn has applied for licensure based on more than 24 years of experience acceptable to the State Board for Public Accountancy.  Mr. Gunn sat for the Uniform CPA Examination in Texas in 1975 and 1976 and was exempted from the Law subtest based on his licensure as an attorney in Texas at that time.  His license in Texas is current, and there are no disciplinary actions on file.  Mr. Gunn was licensed in Ohio in 1986 by endorsement of his Texas license.  His Ohio license is also current and without disciplinary action.

 

          Mr. Gunn asks that his passing scores on three of the subtests of the Uniform CPA Examination and his exemption from the Law subtest be accepted to satisfy the examination requirement for licensure in New York State.  Based on his unique circumstances, the Executive Secretary of the State Board for Public Accountancy supports his petition.

         

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Section 7404 of Education Law and Part 70 of the Commissioner’s Regulations:

 

(1) 15 years of experience acceptable to the State Board for Public Accountancy.

More than 24 years of acceptable experience.

(2) Passing scores on the Uniform CPA Examination.

May 1975: Auditing, 75; Law, Exempt; Accounting Theory, 79 (passing scores); Accounting Practice, 59 (failure).

November 1975: Accounting Practice, 75 (passing score).

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicant’s petition for acceptance of the Uniform CPA Examination be accepted.


 

PHARMACY 

06-01-20

Timothy Sweeney

Clinical Encapsulation Services, Inc.

920 Albany St.

Schenectady, New York 12307-0000

 

Petition for: Waiver of the requirement that a pharmacist or chemist supervise regulated activities as a manufacturer or wholesaler registered under Section 6808.4 of Education Law.

 

Statement of Problem:  Section 63.6(c) of Commissioner’s Regulations requires that a manufacturer or wholesaler registered by the New York State Board of Pharmacy under Section 6808.4 of the Education Law have a pharmacist present during all business hours or be under the supervision of a chemist who holds a bachelor’s degree in chemistry and who has at least two years of experience in the manufacturing, repacking and/or wholesaling of drugs satisfactory to the State Board of Pharmacy. Mr. Sweeney is not a pharmacist and does not have a degree in chemistry. 

 

          Mr. Sweeney is the President and Chief Executive Officer of Clinical Encapsulation Services, Inc. He reports that the current pharmacist for his business is retiring and moving to Florida and requests that he be approved as the supervisor. In his application, Mr. Sweeney’s indicates that he has an Associate’s Degree in Humanities at the State University of New York at Cobleskill and two additional years of study at the State University of New York at Stony Brook. The Department has received no documentation that Mr. Sweeney completed either a bachelor’s degree in chemistry or significant coursework in chemistry or related sciences. His resume reflects 14 years of experience in regulatory affairs, cost accounting and human resource issues.  He also reports nine years of experience in the manufacturing process.

 

          Mr. Sweeney asks for a waiver of this regulation requiring the presence of a pharmacist or approved supervisor at his business. He reports that his is a small company and it is not an option to replace the existing pharmacist. He questions the necessity for the regulation and reports that surrounding states have different requirements. The Executive Committee of the State Board of Pharmacy unanimously recommends that Timothy Sweeney be denied the supervisor position at Clinical Encapsulation Services, Inc. The Committee determined that Mr. Sweeney provided no documentation that he had education equivalent to that of a chemist or pharmacist and found no basis for waiving the regulatory requirement.


 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

 

Section 6808.4 of Education Law and Section 63.6(c) of the Commissioner's Regulations

requires:

 

 

 

A manufacturer or wholesaler registered by the State Board of Pharmacy must have a pharmacist present during all business hours or (1) be under the supervision of a chemist who holds a bachelor's degree with a major in chemistry and (2) has at least two years of experience in manufacturing, repacking and/or wholesaling of drugs which is satisfactory to the Board.

 

(1) Reports an Associate’s degree in Humanities from SUNY at Cobleskill and two years of additional education at SUNY at Stony Brook.

 

(2)(a) Present employment is with Clinical Encapsulation Services, Inc., Schenectady, N.Y., 1996 to present; currently, President and Chief Executive Officer.

 

 (2)(b) DM Graham Laboratories, Inc., Pearl St., Hobart, N.Y.,1992 to 1996, Regulatory Affairs Manager.

 

 

 

 

 

RECOMMENDATION:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board of Pharmacy, recommends that the applicant’s request to be approved as the supervising pharmacist or supervising chemist at Clinical Encapsulation Services, Inc. be denied.

 

 

 


CHIROPRACTIC

06-01-70

Christopher W. Baldt

Millsboro, Delaware 19966-0000

 

(Sherman College of Straight Chiropractic, Spartanburg, South Carolina, Doctor of Chiropractic, 1988)

 

Petition for:  Acceptance of education as the substantial equivalent of a registered program. 

 

Statement of Problem:  Dr. Baldt completed a chiropractic program in the United States, which was not accredited by the Council on Chiropractic Education (CCE), an accrediting organization acceptable to the Department, at the time of his graduation.

 

          In 1990, the Bureau of Professional Program Review reported the results of its review of the curricula of schools of chiropractic, which espouse the mixed philosophy and those which teach straight chiropractic, such as Sherman College of Straight Chiropractic from which the applicant graduated.  Although it was found that the emphasis on certain subjects was different among the institutions reviewed, the difference was considered not significant, and in fact, similar to variations found in programs of other professions such as medicine and dentistry. 

 

          The Department’s review of the Sherman program shows that it is equivalent to a New York State registered program in chiropractic in all basic health sciences and professional subjects except for adjunctive (physical) therapy – a course offered by some but not all chiropractic colleges accredited by CCE.  This review, in combination with the fact that at the time Dr. Baldt’s degree was conferred Sherman College was accredited by the Southern Association of Colleges and Schools, a regional accrediting body recognized by the U.S. Department of Education, provides the basis for acceptance of the petitioner’s education as the substantial equivalent of a registered program. 

 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Sections 6554 and 6507 of the Education Law:

 

(1) Two years of satisfactory preprofessional college study.

(1) University of Delaware, Newark, Delaware, B.S., 1985. 

(2) Completion of a satisfactory chiropractic program of at least four academic years.

(2) See Statement of Problem.


 

(3) Acceptable scores on satisfactory licensing examinations.

(3)(a) NBCE Parts I, II and III, 9/1988.

(3)(b) Delaware clinical competence examination and two years satisfactory experience for endorsement of 12/08/1988 Delaware licensure. 

(4) United States citizenship or immigration status as an alien lawfully admitted for permanent residence in the United States.

(4) United States citizen.

(5) Evidence of good moral character.

(5) Good moral character.

(6) Evidence of required course in identification and reporting of child abuse and maltreatment.

(6) Certificate of Exemption from this requirement.

 

RECOMMENDATION:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Chiropractic, recommends that the applicant’s education be accepted as the equivalent of a professional program registered by the Department.

 


MEDICINE

 

Petition for: Conferral of the degree Doctor of Medicine (M.D.) pursuant to Section 6529 of the Education Law.

 

Summary Statement: The petitioners listed below are all graduates of foreign medical schools who have been licensed in New York.

 

          The applicable requirements of Section 3.57 of the Rules of the Board of Regents require completion of a medical education program in a foreign medical school satisfactory to the Department which does not grant the degree Doctor of Medicine (M.D.), and in which the philosophy and curriculum were equivalent, as determined by the Department in accordance with the policy of the Board of Regents, to those in programs leading to the degree Doctor of Medicine (M.D.) at medical schools in the United States satisfactory to, or registered by, the Board of Regents and the Department.  Secondly, petitioners must have licensure to practice medicine in New York State in accordance with provisions of Section 6524 or 6528 of the Education Law or their equivalent as determined by the Board of Regents pursuant to their authority under Section 6506 of the Education Law.

 

 

NAME OF PETITIONER

QUALIFICATIONS

06-01-60C

 

Alexandru Stoian

Potsdam, NY 13676

(1)  Bucahrest General Medical School, Physician, 3/18/78.

(2)  License #161770, issued on 3/25/85.

06-02-60C

Afshan Ashfaq

Eastmeadow, NY 11554

(1)  Sind Medical College, Karachi, Pakistan, Bachelor of Medicine, Bachelor of Surgery, 3/14/85.

(2)  License #236736, issued on 6/27/05.

06-03-60C

Jean Hongjun Chen

Flushing, NY 11354

(1)  Beijing Medical University, Beijing, People’s Republic of China, Bachelor of Medicine, 6/4/83.

(2)  License #220690, issued on 3/22/01.

06-04-60C

Lei Ding

Flushing, NY 11354

(1)  Beijing Medical University, Beijing, People’s Republic of China, Bachelor of Medicine, 8/1/83.

(2)  License #216015, issued on 10/7/99.

06-05-60C

Amjad Hammad

Saratoga Springs, NY 12866

(1) University of Jordan, Amman, Jordan, Bachelor of Medicine, Bachelor of Surgery, 6/13/93.

(2)  License #235752, issued on 4/15/05.


 

06-06-60C

Raouf Hanna

 Brooklyn, NY 11234

(1)  University of Cairo, Cairo, Egypt, Bachelor of Medicine & Surgery, 11/1/82.

(2)  License #201860, issued on 1/4/96.

06-07-60C

Victor Kolade

Cheektowaga, NY 14227

(1)  University of Ibadan, Ibadan, Nigeria, Bachelor of Medicine, Bachelor of Surgery, 5/30/94.

(2)  License #234676, issued on 12/14/04.

06-08-60C

Kevin Madden

San Diego, CA 92129

(1)  Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 6/8/01.

(2)  License # 238213, issued on 11/3/05.

06-09-60C

Ashish Mahindra

Albany, NY 12208

(1)  Medical Academy of Lublin, Lublin, Poland, Physician, 6/27/00.

(2)  License #234297, issued on 10/26/04.

06-10-60C

Yongming Mao

Brooklyn, NY 11223

(1)  Soochow University, Suzhou, People’s Republic of China, Master in Medicine, 7/10/92.

(2)  License #233817, issued on 8/25/04.

06-11-60C

Nilorar Mir

Latham, NY 12110

(1)  University of Bihar, Patna, India, Bachelor of Medicine, Bachelor of Surgery, 2/28/63.

(2)  License #107488, issued on 10/29/70.

06-12-60C

Murli Raghavan

Rochester, NY 14607

(1)  University of Poona, Pune, India, Bachelor of Medicine, Bachelor of Surgery, 3/26/81.

(2)  License #166549, issued on 6/30/86.

06-13-60C

Chinyere Ofonagoro

Bronx, NY 10466

(1)  University of Lagos, Lagos, Nigeria, Bachelor of Medicine, Bachelor of Surgery, 1/1/88.

(2)  License #207719, issued on 7/30/97.

06-14-60C

Snehal Patel

New York, NY 10021

(1)  Baroda Medical College, Baroda, India, Bachelor of Medicine, Bachelor of Surgery, 1/1/87.

(2)  License #234395, issued on 11/3/04.


 

06-15-60C

Jan Karrel Schreuder

New York, NY 10032

(1)  University of Amsterdam, Amsterdam, Netherlands, Diploma, 10/22/80.

(2)  License #162460, issued on 6/17/85.

06-16-60C

Rohit Shahani

New York, NY 10029

(1)  Seth G.S. Medical College, Bombay, India, Bachelor of Medicine, Bachelor of Surgery, 12/22/89.

(2)  License #220150, issued on 1/16/01.

06-17-60C

Saira Shahani

New York, NY 10029

(1)  Bombay University Grant, Bombay, India, Bachelor of Medicine, Bachelor of Surgery, 12/2/94.

(2)  License #235890, issued on 4/26/05.

06-18-60C

Mei-Heng Tan

New York, NY 10021

(1)  Sydney Hospital, Sydney, Australia, Bachelor of Medicine, Bachelor of Surgery, 5/5/97.

(2)  License #234173, issued on 10/12/04.

06-19-60C

Minal Vaidya

Purchase, NY 10577

(1)  Grant Medical College, Mumbai, India, Bachelor of Medicine, Bachelor of Surgery, 6/3/86.

(2)  License #222661, issued on 8/30/01.

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the State Board for Medicine, recommends that the petitioners be awarded the degree Doctor of Medicine (M.D.) in accordance with provisions of Section 6529 of the Education Law.