Committee Report | May 2011

Report of
REGENTS COMMITTEE
ON PROFESSIONAL PRACTICE

to
The Board of Regents
May 17, 2011

Your Professional Practice Committee held its scheduled meeting on May 17, 2011. All Committee members were present, except for Vice Chancellor Milton L. Cofield, who was excused. Chancellor Merryl H. Tisch, Regent James O. Jackson, Regent Kathleen M. Cashin and Regent James E. Cottrell were also present but did not vote on any case or action.

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 6 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 20 consent order applications and 3 surrender applications be granted, with four members of the Committee voting acceptance of the consent application in the case of Mary Ann Lester, Dentist, Calendar No. 25522, and Regent Wade S. Norwood recusing himself from any consideration of this matter.  [PPC EXS (A) 1-3]

In the case of John E. Walden, under Calendar No. 24917, we recommend that the April 5, 2011 Vote and Order in this matter, the Application For Consent Order granted in this matter, and the terms of probation attached as Exhibit “B” to the Application For Consent Order in this matter each be deemed corrected solely insofar as the calendar number of 25486 shown on each of said documents shall reflect the correct calendar number in this matter and be deemed to read the correct calendar number of “Cal. No. 24917”; and that the determination rendered on April 5, 2011 shall otherwise remain in full force and effect.

In the case of James Michael Werner, under Calendar No. 25495, we recommend that the terms of probation set forth in Exhibit “B” to the Application For Consent Order previously submitted by James Michael Werner and accepted by the Board of Regents on April 5, 2011 be deemed corrected solely insofar as the presently existing caption and headers in said Exhibit “B” indicates the name of James William Werner and the caption and headers in said Exhibit “B”, therefore, each be deemed to read the applicant’s correct name of “James Michael Werner”; and that the determination rendered on April 5, 2011 shall otherwise remain in full force and effect.

In the case of Ronald J. Peters, Veterinarian, Calendar No. 25612, we recommend the correction that, in view of respondent’s clear, relevant conviction for the crime of “Animal Cruelty”, the word “Forgery” at the beginning of line 19 on page 10 of the report of the Regents Review Committee in this matter be deemed deleted and the word “Cruelty” be deemed substituted therefore.

These recommendations are made following the review of 29 cases involving six licensed practical nurses, four registered professional nurses, three veterinarians, two certified public accountants, two dentists, two licensed practical nurses who are also registered professional nurses, one architect, one chiropractor, one clinical laboratory technician, one certified dietitian/nutritionist, one licensed mental health counselor, one physical therapist, one professional engineer, and one psychologist.

Restoration Cases

Your Committee recommends:

That, upon completion of an evaluation and, if necessary, treatment by a psychiatrist or psychologist and the submission of proof of his fitness to practice satisfactory to the Director of the Office of Professional Discipline, the execution of the order of revocation of the license of Allen Koral to practice as a dentist in the State of New York be stayed; that, upon his return to the practice of dentistry in this state, he be placed on probation for a period of two years in accordance with the Terms of Probation set forth in Exhibit A annexed the report of the Peer Committee, provided that the period of probation shall be tolled during periods in which the applicant is not engaged in the active practice of dentistry in New York State; and that, upon satisfactory completion of the probationary period, his license be fully restored.  [PPC EXS (A) 4]

That the execution of the Order of Surrender of the license of P. Kithsen Dias to practice as a physician in New York State be stayed; that he 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 be fully restored.  [PPC EXS (A) 5]

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

That the application of Khaja Naseeruddin for restoration of his license to practice as a physician in the State of New York be denied.  [PPC EXS (A) 7]

That the application of Rameshwar Pathak for restoration of his license to practice as a physician in the State of New York be denied.  [PPC EXS (A) 8]

That the application of Abraham I. Sokol for restoration of his license to practice as a physician in the State of New York be denied.  [PPC EXS (A) 9]

That the application of Donald R. Werner for restoration of his license to practice as a physician in the State of New York be denied.  [PPC EXS (A) 10]

That application of Steven B. Wilkins for restoration of his license to practice as a physician in the State of New York be tabled.  [PPC EXS (A) 11]

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 May 17, 2011, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Acting Deputy Commissioner’s Report/Update [Oral] – The Acting Deputy Commissioner reported on the following issues:

• Deputy Commissioner recruitment
• Overview of PPC Consent Agenda items scheduled for action by the Full Board
• Document Scanning
• E-licensing
• Licensing staffing
• International Medical School Advisory Committee
• Social Work Issues
• New York participation in the national nursing disciplinary and licensure data bank (NURSYS) through membership in the National Council of State Boards of Nursing (NCSBN)
• Institute of Medicine (IOM) report on The Future of Nursing

Update on the Professions [PPC (D) 1] – This overview of the Office of the Professions was provided as an introduction for a series of reports to the Professional Practice Committee about the status of and important issues relating to the various professions.

Amendment of Regents Rule Relating to Customized Patient Packaging of Medications for Patients on Complex Medication Regimens [PPC (D) 2] – This proposed amendment to the Rules of the Board of Regents would authorize pharmacists to package different medications together for administration at the same time. The proposed amendment will come before the Board of Regents for action at its July 2011 meeting.