Committee Report | March 2012

Report of
REGENTS COMMITTEE

ON PROFESSIONAL PRACTICE
to
The Board of Regents
March 19, 2012

Your Professional Practice Committee held its scheduled meeting on March 19, 2012.  All Committee members were present, except Regent Wade S. Norwood, who was excused.  Chancellor Merryl H. Tisch was 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 19 consent order applications and 5 surrender applications be granted.  [PPC EXS (A) 1-3]

These recommendations are made following the review of 30 cases involving seven licensed practical nurses, four registered professional nurses, two dentists, two architects, two certified public accountants, two licensed clinical social workers, two licensed practical nurses who are also registered professional nurses, one dental professional corporation, one physical therapist, one psychologist with two separate applications, and one registered professional nurse who is also a nurse practitioner with a specialty area of practice in Family Health and with another specialty area of practice in Psychiatry.

Restorations

Your Committee recommends the following:

That the execution of the Order of Revocation of the physical therapist license of Richard Cowan be stayed; that he be placed on probation for a term of five years subject to various terms and conditions as set forth in Exhibit A to the Report of the Committee on the Professions; and that, upon successful completion of probation, his license be fully restored.  [PPC EXS (A) 4]

That the application of Shirley Lee-Perez for the restoration of her license to practice as a registered professional nurse in New York State be denied.  [PPC EXS (A) 5]

That the execution of the Order of Revocation of the physician license of Hank Ross be stayed; that he be placed on probation for a period of seven years under the terms and conditions of probation set forth in Exhibit A attached to the Report of the Committee on the Professions; and that, upon successful completion of probation, his license be fully restored.  [PPC EXS (A) 6]

Approvals           

Your Committee recommends approval of the following items:

Waivers from Corporate Practice Restrictions for Special Education Schools and Early Intervention Agencies [PPC (A) 1] – That section 59.15 of the Regulations of the Commissioner of Education is added and section 29.18 of the Rules of the Board of Regents is amended, as submitted, effective April 11, 2012. 

Implementation of a Practice Privilege in Public Accountancy [PPC (A) 2] – That  subdivision (h) of section 29.10 of the Rules of the Board of Regents be repealed and a new subdivision (h) be added, that section 70.7 of the Regulations of the Commissioner of Education be repealed and a new section 70.7 be added, and that subdivision (a) and paragraph (2) of subdivision (d) of section 70.8 of the Regulations of the Commissioner of Education be amended, as submitted, effective April 11, 2012; and

That subdivision (h) of section 29.10 of the Rules of the Board of Regents be repealed and a new subdivision (h) be added, that section 70.7 of the Regulations of the Commissioner of Education be repealed and a new section 70.7 be added, and that subdivision (a) and paragraph (2) of subdivision (d) of section 70.8 of the Regulations of the Commissioner of Education be amended, as submitted, effective March 21, 2012, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public safety and general welfare in order to ensure that the emergency rule remains continuously in effect until the effective date of its adoption as a permanent rule. 

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 March 19, 2012, copies of which have been distributed to each Regent.

                                    MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

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

March 20, 2012