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Committee Report | January 2011

Tuesday, January 11, 2011 - 11:40pm

Report of




The Board of Regents

January 11, 2011


            Your Professional Practice Committee held its scheduled meeting on January 11, 2011.  All Committee members were present. 


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 5 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 42 consent order applications and 5 surrender applications be granted, with five members of the committee voting acceptance of the consent application in the case of Bryan Gregory Popocivi, Podiatrist, Cal. No. 25270, and Regent Anthony S. Bottar recusing himself from any consideration of this matter.  [PPC EXS (A) 1-3)

These recommendations are made following the review of 52 cases involving 12 licensed practical nurses, eight dentists, nine registered professional nurses, three pharmacists, three professional engineers, two architects, two dental professional corporations, two licensed practical nurses who are also registered professional nurses, two podiatrists, one certified public accountant, one chiropractor, one massage therapist, one physical therapist assistant, one respiratory therapist who is also a respiratory therapy technician, and one veterinarian.

Restoration Petition

Your Committee recommends the following action with regard to an application for the restoration of a professional license:

That the Board of Regents deny the application for the restoration of the physician license of Fred G. Constant.  [PPC EXS (A) 4]



Mental Health Entity Waiver Regulations – Your Committee recommends that section 29.18 of the Rules of the Board of Regents and section 59.14 of the Regulations of the Commissioner of Education, implementing chapters 130 and 132 of the Laws of 2010 which authorize waivers for certain not-for-profit and educational corporations to provide mental health services, be added, as submitted, effective January 14, 2011, 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 such rules remains continuously in effect until the proposed amendment can be adopted as a permanent rule.

Your Committee further recommends that section 29.18 of the Rules of the Board of Regents and section 59.14 of the Regulations of the Commissioner of Education be added, as submitted, as permanent rules, effective February 2, 2011.  [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 January 11, 2011, copies of which have been distributed to each Regent.


            Your Committee discussed several topics of interest, including:

Deputy Commissioner’s Report/Update – The Deputy Commissioner reported on the following issues:  [Oral report]

  • Elicensing update
  • Document Management System update
  • Move to 1411 Broadway update
    • Overview of PPC Consent Agenda Items scheduled for action by the Full Board.


Regents Oversight of Foreign Medical Schools – Continuation of the consideration of the recommendations resulting from the discussions of the study group regarding the oversight of the didactic and clinical education of the 14 dual-campus International Medical Schools that the Department has approved for purposes of long-term clinical clerkships and licensure. This discussion was begun at the November PPC meeting and continued at the December meeting.  [PPC (D) 1]

            That concludes my report.



                                                                                    Harry Phillips, 3rd, Chairperson