Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on December 12, 2017.   All Committee members were present, except Regent Elizabeth S. Hakanson, who was excused.  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, with Regent Josephine Victoria Finn and Regent Catherine Collins both abstaining in two of those cases (Cal. Nos. 28908 & 28909).  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 45 consent order applications and 13 surrender applications be granted, and further recommends that 1 summary suspension application be granted.

These recommendations are made following the review of 63 cases involving eighteen licensed practical nurses, seventeen registered professional nurses, seven licensed practical nurses who are also registered professional nurses, two licensed master health counselors, two pharmacists, one certified public accountant, one dentist, one licensed master social worker, one licensed master social worker who is also a licensed clinical social worker, one occupational therapist, one professional engineer, and one registered professional nurse who is also a nurse practitioner (Family Health) and also a nurse practitioner (Psychiatry).

Restorations

Your Committee recommends the following:

That the application of Ram S. Makkeror restoration of his license to practice as a physician in New York State be denied [PPC EXS (A) 4]

That the revised application of Henry Magiet restoration of his license to practice as a Pharmacist in New York State be granted. It is recommended that the determination rendered in this matter on October 17, 2017, the Vote and Order issued in this matter on October 17, 2017, all be deemed corrected to include the terms of probation of the Committee on the Professions (COP), as exhibit A of the COP Report and Recommendation, and that the determination rendered on October 17, 2017 shall otherwise remain in full force and effect. [PPC EXS (A) 5]

Approvals

Proposed Amendment of §29.7 of the Rules of the Board of Regents and §63.6 of the Regulations of the Commissioner of Education Relating to the Unprofessional Conduct Special Provisions and the Requirements for Substituting Interchangeable Biological Products for Prescribed Products in the Profession of Pharmacy – Your Committee recommends the following:

That subdivision (a) of section 29.7 of the Rules of the Board of Regents and paragraph (7) of subdivision (a) and clause (c) of subparagraph (ii) of paragraph (8) of subdivision (b) of section 63.6 of the Regulations of the Commissioner of Education be amended, as submitted, effective December 12, 2017, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to timely implement the requirements of Chapter 357 of the Laws of 2017, which defined the terms “biological product” and “interchangeable biological product” and established the requirements for the substitution of a biological product, as well as the appropriate method of communication by the pharmacist to the prescriber notifying the prescriber of the substitution of the biological product dispensed.   [PPC (A) 1]

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 December 12, 2017, 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
• Licensing Petitions
• Proposed Amendment of Section 70.10 of the Regulations of the Commissioner of Education Relating to the Mandatory Peer Review Program in Public Accountancy
• Permission to Operate - University of Vermont Permission to Operate for Nursing Programs
• Reappointment of Adjunct Members of the Regents Review Committee