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Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on October 20, 2014. All committee members were present. Regent James R. Tallon, Jr. was also present, but did not vote on any case or action.


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 37 consent order applications and 12 surrender applications be granted. [PPC EXS (A) 1-3]

In the case of Brooke Michelle Fadness, Certified Athletic Trainer, Calendar No. 26638, we recommend that the recommendation of the Regents Review Committee be accepted in all respects, except that the report of the Regents Review Committee be deemed corrected as follows: the word “certified” be deemed substituted in lieu of the word “licensed” in the caption on page one of such report; the word “certification” be deemed substituted in lieu of the word “license” on each of line three of the third paragraph on page one of such report, line three of the second paragraph in the penalty recommendation section on page three of such report, and line two of the full paragraph on page four of such report; and the words “issued a certification” be deemed substituted in lieu of the word “licensed” on the first line in finding of fact numbered one on page two of such report.

These recommendations are made following the review of 54 cases involving eleven registered professional nurses, eight dentists, seven licensed practical nurses, five licensed practical nurses who are also registered professional nurses, three pharmacists, two architects, two certified public accountants, one acupuncturist, one certified athletic trainer, one chiropractic limited liability corporation, one chiropractor, one dental professional corporation, one licensed clinical social worker, one massage therapist, one optometrist, one physical therapist assistant, one professional engineer and one psychologist.


Your Committee recommends the following:

That the surrender of the physician license of Fredric Cohen be stayed; that he be placed on probation for a period ending two years following a determination by the Director of the Office of Professional Medical Conduct that he successfully completed a remediation plan in accordance with the Terms of Probation of the Committee on the Profession; and that, upon successful completion of probation, his license be fully restored. [PPC EXS (A) 4]

That the application of David Tomback for the restoration of his license to practice as a physician in the State of New York be denied. [PPC EXS (A) 6]


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 20, 2014, copies of which have been distributed to each Regent.


Your Committee discussed several topics of interest, including:

Deputy Commissioner's Report/Update [Oral Report] –

Full Board Consent Agenda Items
Board (Re)Appointments
Licensing Petitions and Conferral of Degrees
Updates on OP Initiatives
Technology Update, including the reduction in processing time for licensure applications as a result of scanning all nursing application documents. This process will next be implemented for applications for physician licenses.
Legislation Update
Staffing/Productivity Update
OP participation in SED efforts to disseminate information about Ebola and other contagious diseases.
Legislative and Budget Priorities
Professional Licensure for DACA Recipients
Applied Behavior Analysis Regulations [PPC (D) 1] – The Executive Secretary of the State Board for Applied Behavior Analysis provided information about applied behavior analysis and about the implementation of legislation establishing the professions of licensed behavior analyst and certified behavior analyst assistant. [PPC (D) 1]

Associated Agenda Item

Meeting Date: 
Monday, October 20, 2014 - 5:10pm