Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on June 13, 2016.  All members were present, except Regent Wade S. Norwood, who was excused.  Regent Elizabeth S. Hakanson and Regent James R. Tallon, Jr. 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 30 consent order applications and 4 surrender applications be granted.

In the case of Gina Allgeier, Clinical Laboratory Technician, Calendar No. 28515, we recommend that, effective on the effective date of the Vote and Order in this matter dated April 19, 2016, said Original Vote and Order in this matter be ratified in all respects, except that, upon respondent’s written agreement, the identity of respondent’s profession shown throughout the Application For Consent Order signed by respondent on September 1, 2015 and granted by the Board of Regents on April 19, 2016 be deemed corrected as follows: the title “clinical laboratory technician” be deemed substituted in lieu of the title “clinical laboratory technologist” wherever such title is stated, including but not limited to respondent’s agreement to the penalty imposed with respect to her certification to practice as a clinical laboratory technician in the State of New York, and the corrected penalty imposed on respondent in this matter thus relates to respondent’s “certification  to practice as a clinical laboratory technician in the State of New York”; and that the determination rendered on April 19, 2016 shall otherwise remain in full force and effect.

These recommendations are made following the review of 40 cases involving seven licensed practical nurses, five registered professional nurses, three certified public accountants, three pharmacists, three veterinarians, two licensed practical nurses who are also registered professional nurses, two massage therapists, two pharmacies, one chiropractor, one clinical laboratory technologist, one dental hygienist who is also a holder of a certificate of dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia, one dentist, one landscape architect, one licensed master social worker, one massage therapy professional corporation, one physical therapist, one podiatrist, and one professional engineer.

Restorations
Your Committee recommends the following:

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

MOTION FOR ACTION BY FULL BOARD

Madam Chancellor and Colleagues: Your Professional Practice Committee recommends, and it moves, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on June 13, 2016, 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 Report]

Full Board Consent Agenda Items

• Board (Re) Appointments
• Licensing Petitions

Consent Orders in Disciplinary Proceedings for the Professions – Proposed Amendment to Section 17.5 of the Rules of the Board of Regents. The profession of pharmacy is the only profession where the executive secretary of the State Board must agree to the licensee’s or registrant’s proposed misconduct statement and proposed penalty before a consent order can be presented to the Board of Regents for its consideration and action.  This requirement can result in delays in the consent order process and resolution of disciplinary matters involving licensed pharmacists and registered pharmacy establishments.  The proposed amendment eliminates these potential delays by removing this requirement. Eliminating this requirement will further the protection of the public by enabling the consent order process for disciplinary matters involving licensed pharmacists and registered pharmacy establishments to be completed more promptly. (Discussion)

Licensure of Licensed Perfusionists - Proposed Amendment to Section 29.2 of the Rules of the Board of Regents and Sections 52.47 and 79-19  of the Regulations of the Commissioner of Education. The proposed amendment implements Chapter 409 of the Laws of 2013, which establishes and defines the practice of the profession of perfusion and the requirements for licensure as a licensed perfusionist, which include, but are not limited to, education, experience, examination and limited permit requirements, as well as the requirements for the grandparenting licensure pathway.  The proposed amendment also establishes the program registration requirements for professional education programs and adds perfusion to the list of health care professions that are subject to its unprofessional conduct provisions. (Discussion)