Report of Regents Professional Practice Committee to The Board of Regents

The Professional Practice Committee held its scheduled meeting on June 13, 2023.  All members were present except Vice Chancellor Josephine Victoria Finn and Regent Elizabeth S. Hakanson, who were excused. Regent Wade S. Norwood participated by video conference. Chancellor Lester W. Young, Jr., Regent Roger Tilles, Regent Kathleen M. Cashin, Regent Judith Chin, Regent Luis O. Reyes, Regent Susan W. Mittler, Regent Aramina Vega Ferrer, and Regent Shino Tanikawa also attended the meeting, but did not vote on any action. 

ACTION ITEMS

Professional Discipline Cases [PCC EXS (A) 1 – REVISED and PPC EXS (A) 2 - 3]

The 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 5 cases, with Regent Collins abstaining from 5 cases (Calendar Nos 30292, 30435, 32719, 32718, 33182).  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 26 consent order applications and 2 surrender applications be granted.

These recommendations are made following the review of 33 cases involving seven licensed practical nurses, seven registered professional nurses, three certified public accountants, three licensed practical nurses who are also registered professional nurses, two midwives, one dental hygienist, one dentist, one dentist who is also holds a certificate to administer General Anesthesia, one licensed master social worker, one licensed mental health counselor, one massage therapist, and one pharmacist.

Restorations [PPC EXS (A) 4-6]

The Committee recommends that the application of Juliet J. Clifford for the restoration of her license to practice as a Registered Professional Nurse in New York State be granted. [PPC EXS (A) 4]

The Committee recommends that prior to his return to practice as a Registered Professional Nurse in the State of New York, Matthew Piegari must obtain at his own expense a mental health evaluation, from a board-certified psychiatrist, licensed mental health practitioner or other health care professional or program previously approved by the Director of the Office of Professional Discipline. Further, that if during his mental health evaluation, it is determined, by the mental health care Evaluator that Matthew Piegari needs mental health therapy, that he be required to engage and continue in therapy with a treating board-certified psychiatrist, licensed mental health practitioner or other health care professional or program previously approved by the Director. Upon determination by the treating mental health practitioner that Matthew Piegari is fit to practice and remains fit to practice and receipt of documentation to that effect; and that Matthew Piegari completes a reentry program, to be undertaken live with in-person attendance and which is comprised of forty (40) contact hours of didactic study, one hundred and sixty (160) hours of clinical study; said course to be previously approved, in writing, by the Director of the Office of Professional Discipline; and that he successfully completes the National Council Examination for Registered Nurses (NCLEX-RN), as determined by the Director of the Office of Professional Discipline. Thereafter, the execution of the surrender of his license to practice as a Registered Professional Nurse be stayed; that, upon his return to practice, he be placed on probation for a period of five years under specified terms of probation that include unannounced drug testing; and upon completion of probation, that his license be fully restored. [PPC EXS (A) 5]

The Committee recommends that the application of Steve Yunatanov for the restoration of his license to practice as a Dentist in New York State be denied. [PPC EXS (A) 6]

Long-Term Clinical Clerkships [PPC EXS (A) 7 – REVISED]

The Committee recommends that the applications for Medical University of Lublin, University of Silesia in Katowice, Fatima College of Medicine, and American University of Antigua to place students in long-term clinical clerkships in New York be approved, in accordance with and subject to the recommendations of the Advisory Committee on Long-term Clinical Clerkships.

The motion passed unanimously.  Regent Collins opposed.

Proposed Addition of Section 29.20 to the Rules of the Board of Regents and Repeal of Sections 52.44 and 52.45, Repeal and Addition of New Sections 79-17.1, 79-17.2, 79-18.1, 79-18.2, Amendment of Sections 79-17.3, 79-17.5, 79-18.3, and 79-18.5, and Addition of Sections 79-17.6 and 79-18.6 to the Regulations of the Commissioner of Education Relating to the Licensure of Applied Behavior Analysts and Certification of Applied Behavior Analyst Assistants [PPC (A) 1] - Department staff presented for emergency action proposed amendments to conform the requirements for licensure and practice as a Licensed Behavior Analyst and certification as a Certified Behavior Analyst Assistant with provisions in Chapter 818 of the Laws of 2021 (Chapter 818) and Chapter 641 of the Laws of 2022 (Chapter 641). The amendments will conform New York’s requirements to national standards while ensuring appropriate preparation for the provision of applied behavior analysis services pursuant to a diagnosis and order from authorized professionals to treat individuals with behavioral health conditions. Following publication in the State Register, the Department received numerous comments from multiple commenters. Emergency action is necessary due to the volume and complexity of the public comments, which require additional time to review to determine potential revisions. Emergency action is further necessary because Chapter 818’s provisions become effective June 30, 2023 and Chapter 641’s provisions became effective November 22, 2022. 

The Committee recommends that:

• Section 29.20 of the Rules of the Board of Regents be added , sections 52.44 and 52.45 of the Regulations of the Commissioner of Education be repealed, sections 79-17.1, 79-17.2, 79-18.1, 79-18.2 of the Regulations of the Commissioner of Education be repealed and new sections 79-17.1, 79-17.2, 79-18.1, 79-18.2 of the Regulations of the Commissioner of Education be added, and sections 79-17.3 and 79-18.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 30, 2023, 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 818 of the Laws of 2021, which becomes effective June 30, 2023; and
• Sections 79-17.5, and 79-18.5 of the Regulations of the Commissioner of Education be amended, and sections 79-17.6 and 79-18.6 of the Regulations of the Commissioner of Education be added, as submitted, effective June 13, 2023, 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 641 of the Laws of 2022, which became effective November 22, 2022.

The motion passed unanimously.

MOTION FOR ACTION BY FULL BOARD

The 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 June 13, 2023, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment of Section 29.7 of the Rules of the Board of Regents and Sections 63.6 and 63.8 of the Regulations of the Commissioner of Education Relating to the Registration and Operation of Central Fill Pharmacies [PPC (D) 1] - Department staff presented for discussion a proposed amendment to the Commissioner’s regulations to establish definitions for central fill pharmacies and originating pharmacies, requirements for the registration and regulation of resident and non-resident central fill pharmacies and requirements for originating pharmacies. The proposed amendment to the Regents Rules further establishes that it is misconduct for a pharmacy operating as a central fill pharmacy or an originating pharmacy engaged in central fill activity to fail to adhere to the requirements set forth in section 63.6 of the Commissioner’s regulations.

Deputy Commissioner Sarah Benson reviewed the items on the Consent Agenda.