Meeting of the Board of Regents | December 2009

                                                                       Report of

REGENTS COMMITTEE

ON PROFESSIONAL PRACTICE

                                                                              to

                                                           The Board of Regents

December 14, 2009

              Your Professional Practice Committee held its scheduled meeting on December 14, 2009.  All members were present except for Chancellor Merryl H. Tisch, Vice-Chancellor Milton L. Cofield and Regent Saul B. Cohen who were excused. 

                                                                  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 3 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 43 consent order applications and 4 surrender applications be granted.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 50 cases involving seven registered professional nurses, six licensed practical nurses, four licensed practical nurses who are also registered professional nurses, four pharmacists, three dentists, three pharmacies, two certified public accountants, two physical therapists, two podiatrists, two professional engineers, two registered professional nurses who are also nurse practitioners, one architect, one dental professional corporation, one massage therapist, one occupational therapist, one podiatric professional corporation, one professional engineer professional service limited liability company, and one psychologist.

Approvals

              Voted, that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective January 7, 2010, to implement the new law relating to the practice of public accountancy in New York.  These amendments were adopted in June, renewed in September, and revised in October. At the December PPC meeting, the amendments were presented for adoption on a permanent basis.  [PPC (A) 1]

Voted, that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective December 22, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the emergency action remains continuously in effect until the effective date of its permanent adoption.

MOTION FOR ACTION BY FULL BOARD

              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 December 14, 2009, copies of which have been distributed to each Regent.

                                      MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

• Associate Commissioner's Report/Update – The Associate Commissioner:
• • reported on the issue of inactive certified public accountants (CPAs) serving on boards of directors and committees of such boards.  This item involved discussion of a guidance document to be provided to the public to enable inactive CPAs to serve in such positions under specified conditions; and
  • provided an update on the authority of psychoanalytic institutes to provide mental health services. [Oral Report]

• Non-Disciplinary License Surrenders – This item discussed the authority of the Board of Regents and the State Education Department to allow a licensee to voluntarily surrender his or her license in the absence of a disciplinary proceeding.  [PPC (D) 1]

• Notification of Disciplinary Actions Related to Nursing Homes – This item discussed possible ways in which the Department could provide information to the Department of Health and to nursing homes regarding disciplinary actions taken against professional licensees working in such facilities.  [PPC (D) 2]

• Review of Penalties Imposed in Medicaid/Insurance Fraud cases – This report addressed the Committee’s request for a report on the penalties imposed in cases involving Medicaid fraud.  [Oral Report] 

              That concludes our report.

                                                                                            _____________________________

                                                                                            Harry Phillips, 3rd, Co-Chairperson