Meeting of the Board of Regents | October 2009

Report of

REGENTS COMMITTEE

ON PROFESSIONAL PRACTICE

to the

Board of Regents

October 19, 2009

              Your Professional Practice Committee held its scheduled meeting on October 19, 2009.  All Committee members were present, except Regent Saul B. Cohen and Regent Anthony S. Bottar, 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 29 consent order applications and 8 surrender applications be granted.

              In the case of Marcy J. Bishop, Registered Professional Nurse, Calendar No. 23237, we recommend that both the caption and the header in the report of the Regents Review Committee be deemed corrected and be deemed to read respondent’s name “Marcy J. Bishop," and not "Mary J. Bishop."

              These recommendations are made following the review of 40 cases involving five dentists, five licensed practical nurses, five pharmacists, five registered professional nurses, four certified public accountants, four licensed practical nurses who are also registered professional nurses, three chiropractors, two licensed master social workers, two pharmacies, and one physical therapist.

Restoration Petitions

Voted, that the Board of Regents stay the Order of Revocation of the physician license of Perry Orens, that he be placed on probation for five years under the Terms of Probation attached to the Report of the Committee on the Professions as Exhibit “A,” and that upon satisfactory completion of the probationary period, his license shall be fully restored.

Approvals

              Your Committee discussed the public comment received on the emergency amendments to the Commissioner’s regulations and Regents rules relating to the implementation of the new public accountancy law and voted that the emergency action taken at the September 15, 2009 meeting of the Board of Regents, which amended section 29.10 of the Rules of the Board of Regents and section 52.13 of the Regulations of the Commissioner of Education and added a new Part 70 to the Regulations of the Commissioner of Education be repealed, effective October 27, 2009, and 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 October 27, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary to preserve the general welfare in order to ensure the immediate adoption of clarifying and corrective revisions to the rule in response to public comment and to otherwise ensure that the emergency revised rule, which implements the requirements of Chapter 651 of the Laws of 2008, is enacted to avoid disruption in the practice of public accountancy.

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 October 19, 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 provided an update on current topics of interest, including:  a budget update on the need for developing a new OP expenditure plan; an update on social work, mental health practitioner, and 4410 corporate practice issues; a technology update; a discussion concerning the performance of neuropsychological evaluations; and a status report on the professional leadership meeting scheduled for October 20.

              That concludes our report.

                                                                                                  ________________________________

                                                                                                  Harry Phillips, 3rd, Co-Chairperson

                                                                                                  ________________________________

                                                                                                  Milton L. Cofield, Co-Chairperson