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Meeting of the Board of Regents | April 2003

Tuesday, April 1, 2003 - 11:00pm

 

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

TO:

The Honorable the Members of the Board of Regents

FROM:

Johanna Duncan-Poitier

COMMITTEE:

Higher and Professional Education

TITLE OF ITEM:

Report of the Committee on the Professions Regarding Licensing Petitions

DATE OF SUBMISSION:

March 31, 2003

PROPOSED HANDLING:

Approval (Consent Agenda)

RATIONALE FOR ITEM:

Section 6506(5) of Education Law and Part 24.7 of the Rules of the Board of Regents

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

SUMMARY:

Attached for your consideration and approval are the recommendations of the Committee on the Professions pertaining to licensing petitions.

VOTED:

That the attached recommendations of the Committee on the Professions pertaining to licensing petitions be approved.

Cases Presented to Board of Regents on: April 28 - 29, 2003SUMMARY REPORT

 

 

 

PROFESSION

EDUCATION

EXAMINATION

 

 

 

Experience

 

 

Confer Degree Doctor of Medicine

 

 

Three-Year

Limited License

Pre-Professional

 

Professional

 

Post-Graduate

 

Proficiency

 

Licensing

Certified Public Accountancy

03-01-07

Social Work

 

03-03-80

 

 

 

 

 

 

Medicine

 

 

 

 

*03-40-60

 

03-26-60C

to

03-39-60C

 

Veterinary Medicine

 

 

 

 

 

 

 

03-03-74

 

 

OTHER: *Endorsement of license from Ireland.

 

 

 

 

Total for fiscal year to date:
18

Total for calendar year to date:
73

 

CERTIFIED PUBLIC ACCOUNTANCY

03-01-07

Fishel Rispler

32 Taylor Street

Brooklyn, NY 11211

(Touro College, Brooklyn, New York, Bachelor of Science in Accounting, June 1999)

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

Statement of Problem: Mr. Rispler satisfied the educational requirements for CPA licensure by earning a Bachelor of Science in Accounting degree from Touro College in 1999. He first sat for the Uniform CPA Examination in May 1999, passing the financial accounting and reporting, and the accounting and reporting subtests. Commissioner's Regulations require that a person who has passed two subtests of the examination must pass the remaining two subtests within 6 future examination administrations.

Mr. Rispler's wife became ill in late May 1999, and he had to care for her and their four children, ages 18 months to 7 years. Caring for his family prevented his sitting for the next two examination administrations, and affected his preparation to pass the remaining two subtests. He passed the Law subtest in May 2001 and the Auditing subtest in November 2002, one examination administration past that allowed by Commissioner�s Regulations.

Mr. Rispler asks that his passing scores on the Uniform CPA Examination be accepted as the substantial equivalent of scores earned under Commissioner's Regulations. Based on Mr. Rispler's individual situation, the Executive Secretary of the State Board for Public Accountancy supports his request.

 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

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

 

(1) A bachelor�s or higher degree based on a program in accountancy.

(1) Touro College, Brooklyn, New York, B.S., June 1999.

CERTIFIED PUBLIC ACCOUNTANCY

03-01-07

Fishel Rispler

(continued)

 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

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

 

(2) Passing scores on the Uniform CPA Examination.

(2) (a) May 1999: Financial Accounting and Reporting, 77; Accounting and Reporting, 80 (passing scores).

(b) November 1999: did not sit.

(c) May 2000: did not sit.

(d) November 2000: Law, 70 (failure).

(e) May 2001: Law, 80 (passing score).

(f) November 2001: Auditing, 72 (failure).

(g) May 2002: Auditing, 74 (failure).

(h) November 2002: Auditing, 76 (passing score).

(3) Two years of satisfactory experience.

(3)

 

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 passing grades on the Uniform CPA Examination be accepted.

MEDICINE

03-40-60

William John Byrne

27 Llantrisant Street

Cardiff, CF644JD

UNITED KINGDOM

(National University of Ireland, University College Dublin, Dublin, Ireland, Bachelor of Medicine, Bachelor of Surgery, and Bachelor of Obstetrics, June 1987)

Petition for: Endorsement of his Irish medical license and acceptance of hospital training completed in Ireland, Wales, and the United States as the substantial equivalent of three years of American Council on Graduate Medical Education (ACGME) accredited postgraduate hospital training.

Statement of Problem: Commissioner�s Regulations allow endorsement of an applicant�s license from another jurisdiction if appropriate requirements are met. One of the requirements is the satisfactory passing of an acceptable clinical examination. At the present time, New York State requires acceptable scores on Steps 1, 2, and 3 of the United States Medical Licensing Examination (USMLE). Dr. Byrne has not taken any of these examinations. A Diplomate Certificate from an organization responsible for specialty certification may be accepted to satisfy the clinical examination requirement where the certificate and its granting organization are acceptable to the Department. Consistent with past practice, the Department will accept Dr. Byrne�s certification as a Fellow of the Royal College of Surgeons of Ireland as an acceptable Diplomate Certificate.

Commissioner's Regulations require Dr. Byrne to complete three years of postgraduate hospital training accredited by the ACGME. After finishing his medical studies at the National University of Ireland, University College, Dublin; Dr. Byrne held Senior House Officer and Registrar positions at hospitals in Ireland and Wales. Additionally, he completed research and clinical fellowships in the United States at the Mayo Clinic in Rochester, Minnesota and at the Albany Medical Center in Albany, New York.

Dr. Byrne requests that his hospital training in Ireland, Wales, and the United States be considered the substantial equivalent of three years of ACGME-accredited postgraduate hospital training. The Executive Secretary of the State Board for Medicine supports this request.

 

MEDICINE

03-40-60

William John Byrne

(continued)

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Sections 60.1 and 60.5 of the Commissioner�s Regulations require:

 

(1) Six years of postsecondary education, including at least 32 months of medical education.

(1) National University of Ireland, University College, Dublin, Dublin, Ireland, 1981-1987.

(2) Proficiency examination.

(2) ECFMG certification, February 1992.

(3) Three years of approved postgraduate hospital training.

(3) Senior House Officer in surgery, July 1988 to June 1991 and Research Registrar from July 1991 to June 1992 at University College Hospital Galway, Galway, Ireland; Registrar in general surgery, July 1992 to June 1993 at North West Wales Trust Hospital, Bangor, Wales; Registrar in breast and general surgery, July 1993 to June, 1994 at Llandough Hospital, Cardiff, Wales; Research Fellow in Vascular Surgery, July 1994 to June 1995 at The Mayo Clinic, Rochester, Minnesota; Registrar in general surgery, July 1995 to December 1995 at East Glamorgan Hospital, Llantrisam, Wales; Registrar in general surgery, January 1996 to September 1997 at North West Wales Trust Hospital, Bangor, Wales; Clinical Fellow in Vascular Surgery, July 1997 to June 1998 at Albany Medical Center, Albany, New York; Senior Registrar in Vascular Surgery, October 1998 to May 1999 at University Hospital of Wales, Cardiff, Wales.

(4) Appropriate medical license or certificate. 

(4) Medical license in Ireland, 1988.

MEDICINE

03-40-60

William John Byrne

(continued)

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Sections 60.1 and 60.5 of the Commissioner�s Regulations require:

 

(5) Acceptable scores on a clinical competency examination acceptable to the Department.

(5) Fellow of the Royal College of Surgeons of Ireland.

(6) Not less than five years of satisfactory professional experience.

(6) More than 9 years of satisfactory professional experience.

(7) United States citizen or alien lawfully admitted for permanent resident status in the United States.

(7)

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Medicine, recommends endorsement of the applicant's Irish medical license; and acceptance of his hospital training in Ireland, Wales, and the United States as the substantial equivalent of the required three years of ACGME-accredited postgraduate hospital training.


THREE-YEAR LIMITED LICENSE IN VETERINARY MEDICINE

Petition for: Three-year limited license to practice veterinary medicine under Section 6704(6) of the Education Law.

Statement of Problem: The applicant listed below has met the education and examination requirements for licensure as a veterinarian in New York State. The only requirement for full licensure that cannot be satisfied at this time is United States citizenship or immigration status as an alien lawfully admitted for permanent residence in the United States.

The applicant also has a pending application for full veterinary medical licensure, which cannot be granted until he satisfies the citizenship or permanent residency requirement.

Applicable Guidelines: Section 6704(6) of Education Law relates to the requirement of United States citizenship or permanent resident status for licensure as a veterinarian in New York State, and allows the Board of Regents to grant a one-time, three-year waiver (plus an extension of not more than one year) for an alien veterinarian to practice in New York State if all other licensure requirements are satisfied.

 

NAME OF PETITIONER

03-03-74

Robert Turmel

RR #2

Brinston, Ontario K0E 1CO

CANADA


 

ACTION: The Department shall issue a limited license for a maximum of three years to practice veterinary medicine in New York State to the applicant, conditional upon approval by the Department of all documentation needed to verify satisfaction of all veterinary medicine licensure requirements other than citizenship. The limited license may be renewed, if appropriate, for one year.

SOCIAL WORK

03-03-80

Nava Sarah Magnes

61 Purchase Street

Apt. 3

Rye, NY 10580

(University of the Witwatersrand, Johannesburg, South Africa, M.A. in Social Work, 1992)

Petition for: Waiver of professional education requirements.

Statement of Problem: Ms. Magnes does not have a degree from an acceptable graduate program in social work. Licensure in social work, for graduates of programs completed outside the United States who applied for New York State licensure on or after January 10, 2002, requires applicants to present evidence of completion, with a master�s or equivalent degree in social work, of a professional program in social work which is registered as licensure-qualifying by the Department or accredited by an acceptable accrediting agency, such as the Council on Social Work Education (CSWE), or determined by the Department to be the substantial equivalent of such a licensure-qualifying or accredited program in social work. The social work program, as required by statute and regulation, must consist of at least 60 semester credits, or the equivalent, of graduate study, including satisfactory coursework in six specified content areas with a social work field practicum of at least 900 clock hours integrated with the mandated coursework content. Ms. Magnes did not complete a master�s degree program in social work that was either registered by the Department as licensure qualifying or accredited by the CSWE.

Ms. Magnes graduated with a master�s degree in Social Work by dissertation in 1992 from the University of the Witwatersrand in Johannesburg, South Africa, and earned a 1981 bachelor�s degree in Social Work from the Hebrew University of Jerusalem in Israel. In a letter accompanying the verification of Ms. Magnes� program at the University of the Witwatersrand, Sandra J. Drower, Professor and Head of Social Work in the School of Human and Community Development, confirmed the nature and structure of the Master of Arts (Social Work) by dissertation program completed by Ms. Magnes. The program is classified as a one-year full-time program. Professor Drower states: "The MA research degree involves intensive and independent study under the guidance of a suitably qualified social (academic) supervisor. In Mrs. Magnes� case I served as the supervisor of her work." As a research degree program, the Department finds no documentation that Ms. Magnes has completed coursework in the specified content areas or a 900-clock hours practicum integrated with the course areas. Her transcript from the University of the Witwatersrand reflects only registration for research study with a final grade of "Pass."

 

SOCIAL WORK

03-03-80

Nava Sarah Magnes

(continued)

Staff, after a thorough review of Ms. Magnes� application, concluded that her master�s degree and program by dissertation from South Africa did not satisfy the minimum education requirement for licensure as a Certified Social Worker in New York State. Accordingly, the Department notified the applicant in writing of this determination and advised that if she wished to meet the educational requirement, she might consider the option of completing, as an advanced standing student, an acceptable master�s degree program in social work. Ms. Magnes is appealing that determination and asking the Board of Regents for a waiver of the education licensing requirements. Ms. Magnes is petitioning for the waiver based upon her education, licensure as a social worker in Connecticut, professional practice, and significant professional achievement.

Ms. Magnes indicates that her BSW from the Hebrew University and MA in Social Work from the University of the Witwatersrand have been evaluated by CSWE "as equivalent to a master�s degree in social work from an accredited graduate program in the United States." Staff note that CSWE included all the baccalaureate coursework in arriving at its determination and stated that its evaluation "is entirely advisory and any agency, organization, or university is free to arrive at its own judgment of the equivalence of your social work credentials for practice under their auspices or for further professional education in the United States." Staff has concluded that in the absence of any official acceptance of her baccalaureate study from Israel for advanced standing by the University of the Witwatersrand, there is no evidence that such coursework was at the graduate level. Traditionally, advanced standing status is granted for a two-year master�s degree program.

Ms. Magnes notes her extensive professional practice in social work from 1981 to the present in Israel, South Africa, and at present, at the New York-Presbyterian Hospital as well as clinical social work license obtained in 2001 in the state of Connecticut. Additionally, she notes that from 1998 to 2000, she worked as a lecturer and consultant for the University of South Africa (Hebrew translation, marking exams and assignments), and as a supervisor/teacher of psychiatry /psychology students (residents or interns) from 1986 to 1998 at Tara Hospital in Johannesburg, South Africa. Ms. Magnes indicates that she was the Director of Social Work at Tara Hospital, was a member of the South African government�s National Psychiatry Forum, was regularly interviewed on South African national television and radio as an expert on mental health, and was granted a Florida LCSW. Also, she provided documentation of her membership in The New York State Society for Clinical Social Work, Inc., and the South African Association of Social Workers in Private Practice as well as documentation of continuing education activities and testimonials of her abilities as a social worker.

SOCIAL WORK

03-03-80

Nava Sarah Magnes

(continued)

Department staff, however, finds that these activities do not represent sufficient basis to waive the statutory/regulatory requirement for an acceptable master�s degree and program in social work. Staff finds that Ms. Magnes� practice and achievements are commendable, but do not rise to the level of being so exceptional that they would warrant a waiver of the mandated education requirement. Staff notes that this recommendation is consistent with past determinations for licensure applicants as Certified Social Workers in this State who had similar research degrees from the University of the Witwatersrand.

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Section 7704 of the Education Law, Part 52 and Section 74.1 of the Regulations of the Commissioner of Education for foreign-educated social work applicants who applied on or after January 10, 2002 require:

 

(1) Master�s or equivalent degree in social work awarded by a recognized school.

(1) See Statement of Problem.

(2) Completion of a professional social work program determined to be the substantial equivalent of a graduate program in social work registered as licensure-qualifying by the Education Department, or a program accredited by an acceptable accrediting agency with a program of at least 60 semester credits, or the equivalent, of graduate study; with satisfactory curricular contents; with integrated field practicum of at least 900 clock hours in social work.

(2) See Statement of Problem.

(3) Acceptable scores on a satisfactory licensing examination.

(3) ASWB, Clinical (Test 4), December 26, 2001. 

(4) Evidence of good moral character.

(4) Good moral character.

SOCIAL WORK

03-03-80

Nava Sarah Magnes

(continued)

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Social Work, recommends that the applicant�s petition for a waiver of the professional education requirement be denied.

 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

03-26-60C Valneo M. Buttari

8 Wallace Avenue

Mount Vernon, NY 10552

  1. University of Rome, Rome, Italy, Doctor of Medicine and Surgery, 04/26/93.
  2. License #223321, issued on 11/21/01.

03-27-60C Marcelino F. Dsouza

22 Emerald Trail

Williamsville, NY 14221

  1. Topiwala National Medical College, Bombay, India, Bachelor of Medicine, Bachelor of Surgery, 03/24/69.
  2. License #145872, issued on 05/01/81.

03-28-60C Mohammad Fayyaz

22 B. Bristol Drive

Amherst, NY 14228

  1. Aga Khan University, Karachi, Pakistan, Bachelor of Medicine, Bachelor of Surgery, 11/17/90.
  2. License #204462, issued on 08/29/96.

03-29-60C Jean Futoran

56 Mineola Avenue

Roslyn, NY 11576

  1. Moscow Medical Institute, Stomota Institute, Moscow, Russia, Physician, 06/27/90.
  2. License #206254, issued on 03/31/97.

 MEDICINE

(continued)

NAME OF PETITIONER

QUALIFICATIONS

03-30-60C Sushma Kaul

110 Viburnum Lane

New Hartford, NY 13413

  1. University of Kashmir, Gov. Medical College, Srinagar, India, Bachelor of Medicine, Bachelor of Surgery, 12/01/86.
  2. License #189385, issued on 07/01/92.

03-31-60C Imtiaz A. Khokhar

729 Montauk Highway

West Islip, NY 11795

  1. Sind Medical College, Karachi, Pakistan, Bachelor of Medicine, Bachelor of Surgery, 05/01/88.
  2. License #197453, issued on 10/13/94.

03-32-60C Jose R. Marti

615 B Ocean Front

Long Beach, NY 11561

  1. University of State of Mexico, Mexico City, Mexico, Physician and Surgeon, 06/07/72.
  2. License #139622, issued on 09/07/79.

03-33-60C Ali Y. Mirza

22 Briar Ridge

Niskayuna, NY 12309

  1. Cairo University, Cairo, Egypt, Bachelor of Medicine and Surgery, 11/01/83.
  2. License #209390, issued on 01/27/98.

03-34-60C Melchias N. Mukendi

61-15 97th Street

Apt. 6F

Rego Park, NY 11374

  1. Lovanium University Leopoldville, Kinshasa, Republic of Kinshasa, Doctor in Medicine, Surgery and Deliveries, 08/03/67.
  2. License #187870, issued on 12/16/91.

03-35-60C Selvanayagam Niranjan

63 Armstrong Avenue

Staten Island, NY 10308

  1. North Colombo Medical College, Ragama, Srilanka, Bachelor of Medicine, Bachelor of Surgery, 03/01/90.
  2. License #222439, issued on 08/13/01.

03-36-60C Jasotha Sanmugarajah

63 Armstrong Avenue

Staten Island, NY 10308

  1. University of Jaffna, Jaffna, Sri Lanka, Bachelor of Medicine, Bachelor of Surgery, 07/03/87.
  2. License #207854, issued on 08/12/97.

03-37-60C Adedayo Mokuolu

7000 Boulevard East

Apt. 29A

West New York, NJ 07093

  1. University of Ibadan, Ibadan, Nigeria, Bachelor of Medicine, Bachelor of Surgery, 10/01/88.
  2. License #197276, issued on 09/28/94.

03-38-60C Matthias Von Reusner

285 Fraleigh Lane

Red Hook, NY 12571

  1. University of Essen, Essen, Germany, Examination in Medicine Certificate, 08/01/96.
  2. License #217336, issued on 05/03/00.

MEDICINE

(continued)

NAME OF PETITIONER

QUALIFICATIONS

03-39-60C Anna Bernus

12012 Compton Avenue

Apt. #5-109

Los Angeles, CA 90059

  1. Autonomous University of Guadalajara, Guadalajara, Mexico, Physician and Surgeon, 06/11/99.
  2. License #227429, issued on 01/28/03.

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.

CONFER DEGREE: Doctor of Medicine