Report of Regents Professional Practice Committee to The Board of Regents
The Professional Practice Committee held its scheduled meeting on October 4, 2022. All members were present except Regent Elizabeth S. Hakanson. Chancellor Lester W. Young, Jr., Regent Kathleen M. Cashin, Regent Judith Chin, Regent Susan W. Mittler, and Regent Roger P. Catania 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 5 cases. In addition, the Committee recommends, upon the recommendation of the Committee on the Professions, that 19 consent order applications and 5 surrender applications be granted.
These recommendations are made following the review of 29 cases involving eight licensed practical nurses, eight registered professional nurses, one certified public accountant, one dentist, one licensed clinical social worker, one licensed master social worker, one licensed master social worker who is also a licensed clinical social worker, one licensed mental health counselor, one massage therapist, one ophthalmic dispenser, one physical therapist, one physical therapy professional service corporation, one professional engineer, and one veterinarian.
Proposed Amendment to the Title of Part 61 and Section 61.13 of the Regulations of the Commissioner of Education Relating to the Practice Registered Dental Assisting [PPC (A) 1 - REVISED] - Department staff presented for emergency adoption proposed amendments to the Commissioner’s regulations to conform them to Chapter 512 of the Laws of 2022, which effective August 17, 2022, amended the Education Law to allow registered dental assistants to place and remove temporary restorations. The proposed amendments will also conform the Title of Part 61 of the Commissioner’s regulations to Chapter 390 of the Laws of 2019, which amended the Education Law, effective October 23, 2019, by creating the new legally protected title of “registered dental assistant” and eliminating the prior protected title of “certified dental assistant”.
The Committee recommends that the title of Part 61 and section 61.13 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 4, 2022, as an emergency action, upon a finding of the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to timely implement the requirements of Chapter 512 of the Laws of 2022 and Chapter 390 of the Laws of 2019, which became effective August 17, 2022 and October 23, 2019, respectively.
The motion passed unanimously.
Proposed Amendment to Sections 72.6 and 74.10 and Subparts 79-9.8, 79-10.8, 79-11.8 and 79-12.8 of the Regulations of the Commissioner of Education Relating to Continuing Education Requirements for Psychologists, Social Workers and Mental Health Practitioners [PPC (A) 2- REVISED] - Department staff presented for adoption proposed amendments to the Commissioner’s regulations to require psychologists, social workers and mental health practitioners to complete three continuing education credits on issues related to maintaining appropriate professional boundaries with patients/clients each triennial registration period in order to further the interest of public health and protection. These professional boundary continuing education credits must be taken from Department approved providers.
The Committee recommends that sections 72.6, 74.10, 79-9.8, 79-10.8, 79-11.8, and 79-12.8 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 19, 2022.
The motion passed unanimously.
MOTION FOR ACTION BY FULL BOARD
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 October 4, 2022, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Assistant Commissioner David Hamilton reviewed the items on the Consent Agenda.