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Meeting of the Board of Regents | March 2010

Tuesday, March 9, 2010 - 11:40pm

                                                                       Report of




                                                           The Board of Regents

March 9, 2010


              Your Professional Practice Committee held its scheduled meeting on March 9, 2010.  All Committee members were present, except for Chancellor Merryl H. Tisch who was excused.  Regent Wade Norwood also attended the meeting.


                                                                  ACTION ITEMS



              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 with a clarification in one of those cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 17 consent order applications and 8 surrender applications be granted.

              In the case of Vincent A. D’Addio, Dentist, Calendar No. 24277, we recommend that the revocation of the respondent’s license be clarified, in agreement with the recommendation of the Regents Review Committee, respondent’s license to practice dentistry in the State of New York be revoked upon each of the two specifications of the charges of which respondent is found guilty, and said revocation be imposed for each of the reasons specified by the Regents Review Committee in taking a more serious view of the penalty than was taken by the hearing panel, including but not limited to the progressive discipline being imposed for this latest professional disciplinary proceeding against respondent and the severity of the guilt found under the first specification of the charges, and for the additional reason that there is a close proximity in time between respondent’s commission of the conduct, over a two-month period in 2003, that resulted in his conviction for the crime set forth in the first specification of the charges herein of Attempted Aiding and Abetting the Unauthorized Practice of a Profession and the last disciplinary action imposed upon respondent during the same year of 2003.

              These recommendations are made following the review of 29 cases involving four licensed practical nurses, four registered professional nurses, three dentists, three professional engineers, two acupuncturists, two licensed practical nurses who are also registered professional nurses, two pharmacists, two pharmacies, one licensed clinical social worker, one ophthalmic dispenser, one professional engineer corporation, one psychologist, and one veterinarian.  [PPC EXS (A) 1-3]

Restoration Petitions

              Voted, that the Board of Regents grant the application of Frank J. Ballesteros for restoration of his license to practice as a physician in the State of New York, provided that, should Dr. Ballesteros wish to practice in New York, he so notify the Director of the Office of Professional Medical Conduct prior to beginning practice in New York and be placed on probation at that time for a period of three years under the terms and conditions specified in the Terms of Probation attached as Exhibit “A” to the Report of the Committee on the Professions.  [PPC EXS (A) 4]

              Voted, that the Board of Regents stay the Order of Revocation of Kildare Clarke’s license to practice as a physician in the State of New York and place him on probation for three years under the Terms of Probation attached to the Report of the Committee on the Professions as Exhibit “A,” and that upon satisfactory completion of the probationary period, his license be fully restored.  [PPC EXS (A) 5]


                                           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 March 9, 2010, 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 – Frank Muñoz updated the Committee members on various OP issues, including:


  • proposed legislation establishing a registration process for the continuation of mental health services by various entities currently providing such services;
  • proposed changes in the experience requirements for licensure as a licensed clinical social worker;
  • the status of OP’s technology initiatives; and
  • staffing and budget issues.  [Oral Report]


  • Online Learning and the Licensed Professions – The Committee discussed the advantages of and challenges associated with the use of online learning in the didactic and clinical training of licensed professionals.  [PPC (D) 1]


              That concludes our report.



                                                                                            Harry Phillips, 3rd, Co-Chairperson



                                                                                            Milton L. Cofield, Co-Chairperson