Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on November 4, 2019. All members were present. Chancellor Betty A. Rosa 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 4 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 33 consent order applications and 18 surrender applications be granted.

In the case of Shakara M. Cooper a/k/a Shakara Marie Cooper, Licensed Practical Nurse, Calendar No. 29625, we recommend that the findings of fact, determination as to guilt, and recommendation as to the penalty recommended by the Regents Review Committee be modified in view of respondent being guilty of both specifications of the charges; and that respondent be found to have been convicted of committing an act constituting a crime, as set forth in the first and second specifications of the charges and the record herein; respondent be determined to be guilty, by a preponderance of the evidence, of both the first and second specifications of the charges; and the penalty recommended by the Regents Review Committee be imposed upon respondent based upon each of the specifications of the charges of which respondent was found guilty and the suspensions of respondent’s license set forth in such penalty shall be imposed concurrently.

In the case of Brandon Michael Coburn, Licensed Practical Nurse, Registered Professional Nurse, and Nurse Practitioner (Adult Health), Calendar Nos. 31047, 31048, and 31049, we recommend that: (1) the determination of the Board of Regents rendered in error in this matter on May 7, 2019 and the corresponding Vote and Order of the Deputy Commissioner for the Professions issued in this matter on May 7, 2019 each be rescinded; (2) the determination of the Board of Regents correctly rendered in this matter on September 10, 2019 and the corresponding Vote and Order of the Deputy Commissioner for the Professions issued in this matter on September 10, 2019 each be confirmed; and (3) the surrender of respondent’s licenses to practice as a licensed practical nurse and to practice as a registered professional nurse and respondent’s certificate to practice as a nurse practitioner in Adult Health all be and remain effective as was provided in the September 10, 2019 determination of the Board of Regents and corresponding Vote and Order of the Deputy Commissioner for the Professions.

These recommendations are made following the review of 55 cases involving thirteen licensed practical nurses, eight registered professional nurses, seven pharmacists, five architects, four pharmacies, four professional engineers, two certified public accountants, one clinical laboratory technician, one licensed clinical social worker, one licensed practical nurse who is also a registered professional nurse, one licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner (Adult Health), one registered professional nurse who is also a nurse practitioner (Adult Health), one registered professional nurse who is also a nurse practitioner (Gerontology), and one respiratory therapist.

Restorations

Your Committee recommends the following:

That the application of Abraham Solomon for the restoration of his license to practice as a Physician in New York State be denied at this time. [PPC EXS (A) 5]

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 November 4, 2019, 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 

Full Board Consent Agenda Items

• Board (Re)Appointments
• Conferral of Degrees
• St. Peter’s Hospital College of Nursing - Master Plan to offer an Associate in Science (A.S.) degree program in Nursing

Proposed Addition of Section 60.13 to the Regulations of the Commissioner of Education Relating to Permitting Physicians Who Are Licensed in Another State or Territory to Provide Medical Services to Athletes and Team Personnel in New York State (Emergency Action) - The proposed amendment implements Chapter 519 of the Laws of 2018, which, inter alia, amended the Education Law to permit any physician, who is licensed and in good standing in another state or territory and has a written agreement to provide medical services to athletes and team personnel, to provide medical services to athletes and team personnel when they are participating in a discrete sanctioned team sporting event in this State.  The proposed amendment also implements Chapter 199 of the Laws of 2019, which amended the Education Law to include the New York State Department of Health’s State Professional Board for Professional Medical Conduct, in addition to the Board of Regents, as a disciplinary and regulatory authority over these physicians.  

Proposed Amendment to §29.2 of the Rules of the Board of Regents and §§52.26, 61.9, 61.11, 61.12, 61.13 and 61.14 of the Regulations of the Commissioner of Education Relating to the Profession of Registered Dental Assisting (Emergency Action) - The proposed amendment implements Chapter 390 of the Laws of 2019, which, effective October 23. 2019, amended the Education Law, by, inter alia, creating the new legally protected title of “registered dental assistant” and eliminating the prior protected title of “certified dental assistant.”  The prior title of certified dental assistant was causing confusion between individuals certified by the Department and individuals certified by the National Dental Assisting Board (DANB).  This confusion led to some unintentional criminal violations for those individuals who illegally used the certified dental assistant title in this State when they possessed only DANB certification.  Additionally, both dentists and the public were confused by which certified dental assistants were licensed by New York State and which were only DANB-certified.  The proposed amendment implements Chapter 390 by changing the references, in the Regents Rules and Commissioner’s regulations, from “certified dental assistant” and “certified dental assisting” to “registered dental assistant” and “registered dental assisting.” 

2020-21 Non-State Aid Budget and Legislative Initiatives which will include an update on OP’s modernization effort (Discussion) - Staff will present information to the Regents about the current progress on the Modernization program’s four projects and how the OP Modernization Program will improve the licensure process for professionals throughout New York State and enhance OP’s oversight and customer service across more than 50 professions.