Meeting of the Board of Regents | October 2010

Report of


REGENTS COMMITTEE

ON PROFESSIONAL PRACTICE

to

The Board of Regents

October 19, 2010

            Your Professional Practice Committee held its scheduled meeting on October 19, 2010.   All Committee members were present, except Vice Chair Norwood and Regent Saul B. Cohen, who were excused.  Chancellor Merryl H. Tisch 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 3 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 38 consent order applications and 2 surrender applications be granted.  [PPC EXS (A) 1-3]

In the case of Gregory C. Skinner, Dentist, Calendar No. 24361, we recommend that, inasmuch as the first date of the hearing held at the hearing panel level was August 20, 2009, the date of August 2, 2009 shown in the first paragraph on page one of the report of the Regents Review Committee be deemed corrected and be deemed to read “August 20, 2009”.

In the case of Ashley Castor, Physical Therapist Assistant, Calendar No. 25185, we recommend that wherever the phrase “physical therapy assistant” is used in the application for consent order in this matter, such phrase be deemed corrected and be deemed to read “physical therapist assistant”; that wherever the word “licensed” is used in the application for consent order in this matter, such word be deemed corrected and be deemed to read “certified”; and that wherever the word “license” is used in the application for consent order in this matter, such word be deemed corrected and be deemed to read “certificate”.

In the case of Ronald J. Peters, Veterinarian (24283), we recommend that the request to adjourn consideration of the application for consent order made by the respondent and dated October 15, 2010 be denied, and that the application for consent order be granted.

 

These recommendations are made following the review of 43 cases involving nine licensed practical nurses, eight registered professional nurses, four dentists, four pharmacists, two professional engineers, two veterinarians, one clinical laboratory technologist, one licensed master social worker, one licensed practical nurse who is also a registered professional nurse and a nurse practitioner, one licensed practical nurse who is also a registered professional nurse, one pharmacy, one physical therapist, one physical therapist assistant, one podiatrist, one registered professional nurse who is also a nurse practitioner, and one respiratory therapy technician.

Restoration Petitions

            Your Committee recommends the following actions with regard to applications for the restoration of professional licenses:
           

VOTED, that the petition for the restoration of the physician license of Michael J. Gianturco be denied. Dr. Gianturco’s license was originally revoked January 4, 2000.  [PPC EXS (A) 4]

VOTED, that, upon receipt of proof satisfactory to the Director of the Office of Professional Medical Conduct (New York State Department of Health), the applicant has (1) undergone an evaluation by a psychiatrist or psychologist, approved in advance by said director, and been found fit to practice, and (2) received a passing score on the Special Purpose Examination of the Federation of State Medical Boards, the order of surrender of the physician license of Dimitrios Kontos be stayed;  that he then be placed on probation for a period of three years under specified terms and conditions; and, upon successful completion of the probationary period, that his license be fully restored. Dr. Kontos’ license was originally surrendered December 12, 1998.  [PPC EXS (A) 5]

VOTED, that the petition for the restoration of the certified public accountant license of Anthony Pirro be granted.  Mr. Pirro’s license was originally revoked June 1, 2004.  [PPC EXS (A) 6]

VOTED, that, after he passes the examination in clinical social work offered by the Association of Social Work Boards, the order of surrender of the licensed clinical social worker license of Jay A. Buchbinder be stayed; that he then be placed on probation for five years under specified terms and conditions; and, upon satisfactory completion of the probationary period, his license be fully restored. Mr. Buchbinder’s license was originally surrendered May 17, 2005.  [PPC EXS (A) 7]

VOTED, that the order of revocation of the certified public accountant license of Rosanna Bell be stayed; that she be placed on probation for three years under specified terms and conditions; and that, upon satisfactory completion of the probationary period, her license be fully restored. Ms. Bell’s license was originally revoked February 8, 2005.  [PPC EXS (A) 8]

Approvals

           

            Architecture Exam Regulations – Your Committee recommends that the Board of Regents amend paragraph (2) of subdivision (b) of section 69.2 and add paragraph (3) to subdivision (b) of section 69.2 of the Regulations of the Commissioner of Education relating to the retention of credit for successfully completed divisions of the licensing examination in architecture.  [BR (CA) 8]

           Mental Health Entity Waiver Regulations – Your Committee recommends that section 59.14 of the Regulations of the Commissioner of Education be added and that section 29.18 of the Rules of the Regents be added, as submitted, effective October 26, 2010, 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 ensure that there is adequate time for eligible entities providing social work, psychological, and mental health practitioner services to apply for a waiver from corporate practice prohibitions under section 6503-a of the Education Law and for the application to be processed by the Office of the Professions.  [PPC (A) 1]

 
                                         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 October 19, 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/Update – The Deputy Commissioner reported on the following issues:

• Overview of PPC Consent Agenda Items at Full Board
• Update on Meeting with Agencies re. Exemptions for Social Work, Psychology, and Mental Health
• Update on Meeting re. International Medical Schools
• Update on Technology – Document Management System Signed
• Upcoming Meeting with Assemblymember Glick – Key Legislative Items

            That concludes my report.

                                                                                    ______________________________

                        Harry Phillips, 3rd, Chairperson