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Meeting of the Board of Regents | June 2009

Monday, June 22, 2009 - 11:20pm

                                                                       Report of




                                                           The Board of Regents

June 22-23, 2009


Your Professional Practice Committee held its scheduled meeting on June 23, 2009.  All Committee members were present, except Regent Saul B. Cohen, who was excused from the Executive Session and Public Session.  Regent Christine D. Cea 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.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 50 consent order applications and 4 surrender applications be granted, and further recommends that 1 summary suspension application be granted.  [PPC EXS (A) 1-3]


              These recommendations are made following the review of 59 cases involving twelve licensed practical nurses, nine registered professional nurses, eight licensed practical nurses who are also registered professional nurses, five pharmacists, two certified public accountants, two dentists, two pharmacies, two professional engineers, one architect, one chiropractor, one licensed clinical social worker, one licensed master social worker, one massage therapist, one occupational therapist, one respiratory therapy technician, one speech-language pathologist, and one veterinarian.


Restoration Petitions


Voted, that the Board of Regents deny the petition of John Frank Ingrassia for restoration of his license to practice as a registered professional nurse in the State of New York.  [PPC EXS (A) 4]


Voted, that the order of revocation of John H. Fancher’s license to practice as a physician in New York State be stayed; that he be placed on probation for a period of five years, at the beginning of which he must complete a clinical competency assessment followed by a retraining program as described in the Terms of Probation of the Board of Regents. Until the Director of the Office of Professional Medical Conduct determines that he has satisfactorily completed the retraining program, Dr. Fancher may practice medicine only in accordance with the parameters established and approved for the retraining program. Once the retraining program has been satisfactorily completed, Dr. Fancher would continue on probation under the Terms of Probation of the Board of Regents. It is further provided that the period of probation shall be tolled during periods in which applicant is not engaged in the active practice of medicine in New York State, that applicant shall notify the Director of the Office of Professional Medical Conduct, in writing, if applicant is not currently engaged in or intends to leave the active practice of medicine in New York State for a period of thirty (30) consecutive days or more, and that applicant shall then notify the Director again prior to any change in that status; and that, upon satisfactory completion of the probationary period, his license be fully restored.  [PPC EXS (A) 5]


Action Items


Voted, that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective July 26, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary to preserve the general welfare in order to timely implement the provisions of Chapter 651 of the Laws of 2008 relating to the scope of practice, licensure requirements, and definition of unprofessional conduct for certified public accountants and public accountants.  [PPC (A) 1]



              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 June 23, 2009, copies of which have been distributed to each Regent.


                                      MATTERS NOT REQUIRING BOARD ACTION


              Your Committee discussed several topics of interest, including:


  • Associate Commissioner’s Report – The Associate Commissioner provided an update on the end of session Professions-related legislation including social work and the mental health professions; OP budget and staffing; and technology.  [Oral Report]



              That concludes our report.



                                                                                                  Harry Phillips, 3rd, Co-Chairperson





                                                                                                  Milton L. Cofield, Co-Chairperson