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Report of Regents Professional Practice Committee to The Board of Regents

The Professional Practice Committee held its scheduled meeting on July 17, 2023.  All members were present except Vice Chancellor Josephine Victoria Finn, Regent Christine D. Cea, Regent Catherine Collins, and Regent Elizabeth S. Hakanson, who were excused. Chancellor Lester W. Young, Jr. was also present and voted as an ex-officio member. Regent Roger Tilles, Regent Kathleen M. Cashin, Regent Judith Chin, Regent Luis O. Reyes, Regent Susan W. Mittler, Regent Aramina Vega Ferrer, and Regent Adrian I. Hale also attended the meeting, but did not vote on any action. 


Professional Discipline Cases [PCC EXS (A) 1 - 3]

The 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 20 consent order applications and 12 surrender applications be granted.

These recommendations are made following the review of 36 cases involving nine licensed practical nurses, eight registered professional nurses, four certified public accountants, three architects, two licensed practical nurses who are also registered professional nurses, one certified professional accountant professional service corporation, one licensed clinical social worker, one massage therapist, one pharmacist, one polysomnographic technologist, one professional engineer, one respiratory therapy technician, and one veterinary technician.

Proposed Addition of Section 76.11 to the Regulations of the Commissioner of Education Relating to Occupational Therapists’ Authority to Provide Treatment for a Limited Time without a Referral [PPC (A) 1] - Department staff presented for emergency action proposed amendments to conform the Commissioner’s regulations to Chapter 601 of the Laws of 2022, which, effective March 21, 2023, permits a licensed occupational therapist to provide treatment for 10 visits, or 30 days, whichever shall occur first, without a referral from a physician or nurse practitioner provided that: (1) the licensed occupational therapist has practiced occupational therapy on a full time basis equivalent to not less than 3 years; (2) each licensed occupational therapist shall provide written notice to each patient receiving treatment absent a referral from a physician or nurse practitioner that occupational therapy may not be covered by the patient’s health care plan or insurer without such a referral and that such treatment may be a covered expense if rendered pursuant to a referral; and the occupational therapist shall keep on file with the patient’s records a form attesting to the patient’s notice of such advice and such form shall be in duplicate, with one copy to be retained by the patient, signed and dated by both the occupational therapist and the patient. 

The Committee recommends that section 76.11 of the Regulations of the Commissioner of Education be added, as submitted, effective July 18, 2023, as an emergency action, upon a finding that such action is necessary for the preservation of the public health and general welfare in order to timely implement the provisions of Chapter 601 of the Laws of 2022, effective March 31, 2023, which will provide greater levels of care to patients by allowing them more direct access to occupational therapy services and reduce costs for both patients and insurance carriers.

The motion passed unanimously.


The 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 July 17, 2023, copies of which have been distributed to each Regent.


Deputy Commissioner Sarah Benson reviewed the items on the Consent Agenda.

Associated Agenda Item

Meeting Date: 
Monday, July 17, 2023 - 9:40am