Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on January 15, 2013.  All Committee members were present.  Regent Kathleen Cashin was also present, but did not vote on any case or action.

ACTION ITEMS

Professional Discipline Cases

Your Committee recommends that the report of the Regents Review Committee, including rulings, findings of fact, determination as to guilt, and recommendation, by unanimous or majority vote, contained in the report which has been distributed to you, be accepted in 1 case. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 16 consent order applications and 6 surrender applications be granted, and further recommends that 1 summary suspension application be granted.  [PPC EXS (A) 1-3, 8]

In the case of Stuart I. Goldberg, Certified Public Accountant, Calendar No. 26125, we recommend that, to clarify the portion of the penalty involving the imposition of a fine upon respondent that is effective upon the service of the order in this matter and that is independent of the probationary period that commences upon respondent's actual return to practice in the State of New York:

(1) the recommendation of the Regents Review Committee be modified solely as to the penalty to be imposed, as follows:

That, upon the specification of the charges of which respondent is found guilty, respondent’s $2,500 fine shall be paid by respondent by certified or bank cashier's check, payable to the order of the New York State Education Department, to be delivered to the Director, Office of Professional Discipline, New York State Education Department, 1411 Broadway - Tenth Floor, New York, NY 10018-3496, within six months after the effective date of the service of the order to be issued in this matter; and that the penalty recommended by the Regents Review Committee otherwise be accepted;

(2) term of probation numbered “7,” regarding the payment of the fine imposed upon respondent as a penalty, be deemed added and be deemed to read as follows:

That, in the event that respondent did not meet the requirement that respondent, within six months after the effective date of the service of the order to be issued in this matter, pay the $2,500 fine imposed upon respondent, respondent shall, during the first six months of the period of probation, pay said $2,500 fine by certified or bank cashier's check, payable to the order of the New York State Education Department, to be delivered to the Director, Office of Professional Discipline, as aforesaid; and

(3) term of probation numbered “7” recommended by the Regents Review Committee be renumbered and be deemed as term of probation numbered “8”.

These recommendations are made following the review of 24 cases involving five certified public accountants, four licensed practical nurses, three registered professional nurses, two licensed clinical social workers, two licensed practical nurses who are also registered professional nurses, one land surveyor, one massage therapist, one non-resident pharmacy establishment, one pharmacist, one psychologist, and one veterinarian.

Restorations

Your Committee recommends, with Regent Norwood dissenting, that the execution of the order of surrender of the physician license of Alfred Jay Fields be stayed; that he be placed on probation for a period of five years under various terms and conditions annexed as Exhibit A to the Report of the Committee on the Professions; and that, upon successful completion of probation, Dr. Fields’ license be fully restored.  [PPC EXS (A) 4]

Your Committee recommends that the application of Wesley James Sweeney for the restoration of his certified public accountant license be granted and that his license be restored.  [PPC EXS (A) 7]

Approvals

Your Committee recommends approval of the following:

Regulations Relating to Occupational Therapy [PPC (A) 1] – That subdivision (a) of section 76.4 and section 76.9 of the Regulations of the Commissioner of Education be amended and that a new section 76.10 of the Regulations of the Commissioner of Education be added, all as submitted, effective February 13, 2013.

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 January 15, 2013, 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 items:

Full Board Consent Agenda Items

1. Board (Re)Appointments
2. Licensing Petitions

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