Committee Report | June 2012

Report of

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

to

The Board of Regents

June 19, 2012

Your Professional Practice Committee held its scheduled meeting on June 19, 2012.  All Committee Members were present, except for Regent Geraldine D. Chapey who was excused.  Regents T. Andrew Brown and Kathleen M. Cashin were 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 9 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 54 consent order applications and 7 surrender applications be granted.

These recommendations are made following the review of 70 cases involving nine registered professional nurses, nine licensed practical nurses, seven dentists, seven licensed practical nurses who are also registered professional nurses, seven pharmacists, two certified public accountants, two chiropractors, two clinical laboratory technologists, two professional engineers, two psychologists, one architect, one chiropractor who is also a certified dietitian-nutritionist, one clinical laboratory technician, one dental hygienist, one licensed master social worker, one massage therapist, one occupational therapist, one pharmacy, one physical therapist, one podiatrist, and one registered professional nurse who is also a nurse practitioner with a specialty area of practice in Adult Health and with another specialty area of practice in Family Health.

Restorations

Your Committee recommends the following:

That the application of Glenn Chippendale for the restoration of his license to practice as a registered professional nurse in New York State be granted.  [PPC EXS (A) 4]

That the application of Julius Goepp for restoration of his license to practice as a physician in New York State be denied.  [PPC EXS (A) 5]

That the execution of the Order of Surrender of the license of Marwan Karnabi to practice as a pharmacist in New York State be stayed; that he be placed on probation for a period of 1 year under various terms and conditions, as set forth in Exhibit A attached to the Report of the Committee on the Professions; and that, upon successful completion of probation, his license be fully restored.  [PPC EXS (A) 6]

That the application of Zayer Rizvi for the restoration of his license to practice as a professional engineer in New York State be denied.  [PPC EXS (A) 7]

Approvals

Your Committee recommends approval of the following:

Regulations Relating to the Professional Study, Experience Requirements, and Licensing Examination for Licensure of Landscape Architects – That sections 79-1.1 and 79-1.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 11, 2012.  [PPC (A) 1]

Regulations Relating to Occupational Therapy – That subdivision (b) of section 76.4 of the Regulations of the Commissioner of Education be amended; that section 76.5 be repealed and section 76.7 be renumbered as section 76.5; that section 76.6 be renumbered as section 76.8 and that new sections 76.6, 76.7, and 76.9 be added, all as submitted, effective July 15, 2012, 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 in order to ensure that the emergency rule adopted at the February Regents meeting, and readopted at the April Regents meeting, remains continuously in effect until a revised proposed rule can be presented for adoption and made effective as a permanent rule.   [PPC (A) 2]

Regulations Relating to the Licensure of Physical Therapists – That section 77.1 of the Regulations of the Commissioner of Education be amended and the sections 52.41 and 77.11 of the Regulations of the Commissioner of Education be added, all as submitted, effective August 17, 2012, as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to implement Chapter 410 of the Laws of 2011, which becomes effective August 17, 2012, in a timely manner.   [PPC (A) 3]

Regulations Relating to Electronic Prescriptions and to Electronic Recordkeeping by Pharmacists – That section 29.7(a) of the Rules of the Board of Regents and section 63.6(a)(7) of the Regulations of the Commissioner of Education be amended, as submitted, effective July 11, 2012.  [PPC (A) 4]

 
MOTION FOR ACTION BY FULL BOARD

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 19, 2012, 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 [Oral Report]

• Full Board Consent Agenda Items
  • Board (Re)Appointments
  • Licensing Petitions
  • Permission to Operate:
    • University of St. Francis’ College
    • Castleton State College
      
• Updates on OP Initiatives
  • Technology Update
  • Staffing/Productivity Update
  • Legislative Update
  • Update on the Regents Advisory Workgroup on Healthcare
  • Status of Corporate Practice Waivers
  • Update on Report to the Legislature regarding the Licensure of Individuals providing certain Mental Health Services

June 19, 2012