Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on September 16, 2015.  All members were present, except Regent Catherine Collins who was excused.

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 8 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 98 consent order applications and 23 surrender applications be granted.

In the case of Yolette M. Battle, Licensed Practical Nurse, Calendar No. 27553, we recommend that the report of the Regents Review Committee be clarified as follows: wherever the name “Yollette M. Battle” is shown, the name of this respondent shall be deemed to read as “Yolette M. Battle”.

In the case of Mary Teresa McConnell a/k/a Maryteresa Dunigan McConnell a/k/a Mary T. McConnell a/k/a Mary McConnell a/k/a Mary Dunigan McConnell a/k/a Mary Dunigan, Registered Professional Nurse, Calendar No. 27676, we recommend that the report of the Regents Review Committee be clarified as follows: wherever respondent’s name is shown, respondent’s name be deemed to include, immediately after Mary Teresa McConnell, the a/k/a of Maryteresa Dunigan McConnell.

These recommendations are made following the review of 129 cases involving thirty-eight licensed practical nurses, twenty-one registered professional nurses, nine licensed practical nurses who are also registered professional nurses, eight pharmacists, five certified public accountants, three professional engineers, three veterinarians, two dentists, two occupational therapists, two physical therapists, two podiatrists, two respiratory therapists, one architect, one certified dietitian/nutritionist, one dental hygienist, one dentist who is also a holder of a dental enteral conscious sedation certificate, one dentist who is also a holder of a certificate to administer dental general anesthesia, one land surveyor, one licensed clinical social worker, one licensed master social worker, one licensed practical nurse who is also a registered professional nurse and a nurse practitioner (pediatrics), one massage therapist, one mental health counselor, one physical therapist assistant who is also a physical therapist, one psychologist, one registered professional nurse who is also a nurse practitioner (family health), one speech-language pathologist,  one veterinary professional corporation, and one wholesaler of drugs.

Restorations

Your Committee recommends the following:

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

That the application of Louis Sidoti for the restoration of his license to practice as a physician in New York State be denied. [PPC EXS (A) 5]  

That the application of Hemalathadevi Tarikere for the restoration of her license to practice as a physician in New York State be denied. [PPC EXS (A) 6]

That the execution of the revocation of Dr. Toth’s license to practice as a physician in the State of New York be stayed, that he be placed on probation for a period of one year under the Terms of Probation annexed to the Report of the Committee of the Professions as Exhibit A, and that, upon successful completion of probation, his license be fully restored. [PPC EXS (A) 7]

That the application of Marianne Webster for the restoration of her license to practice as a physician in New York State be denied. [PPC EXS (A) 8]

Long-Term Clinical Clerkships [PPC EXS (A) 9]

Your Committee recommends the following:

That the application of Ras Al Khaimah Medical and Health Sciences University 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.

That the application of Weill Cornell Medical College Qatar 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.

Approvals

Regulations: Opioid related Overdose Treatment and Hepatitis C Testing – Your Committee recommends the following:

That subdivisions (e) and (f) of section 64.7 of the Regulations of the Commissioner of Education be added, as submitted, effective October 7, 2015; and That subdivisions (e) and (f) of section 64.7 of the Regulations of the Commissioner of Education be added, as submitted, effective September 21, 2015, 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 ensure that the emergency rule adopted at the June 2015 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule. [PPC (A) 1]

Regulations: Authorization of Degrees: Adding Doctor of Occupational Therapy (O.T.D.) Degree in New York – Your Committee recommends the following:

That paragraph (2) of subdivision (d) of section 3.47 of the Rules of the Board of Regents is amended and paragraph (37) of subdivision (b) of section 3.50 of the Rules of the Board of Regents is added, as submitted, effective October 7, 2015.  [PPC (A) 2]

Regulations: Administration of Vaccinations by Pharmacists – Your Committee recommends the following:

That paragraphs (1), (2) and (4) of subdivision (b) of section 63.9 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 17, 2015, 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 to immediately conform the Regulations of the Commissioner to timely implement the requirements of Chapter 46 of the Laws of 2015, which include authorizing pharmacists to administer immunizations to prevent tetanus, diphtheria or pertussis disease pursuant to a patient specific order or a non-patient specific order and to administer immunizations to prevent acute herpes zoster (shingles) pursuant to a non-patient specific order, in addition to their current immunization authority to administer immunizations to prevent acute herpes zoster pursuant to a patient specific order, effective June 30, 2015.  [PPC (A) 3]

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 September 16, 2015, 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

  • Master Plan Amendment:  The City University of New York – City College, Doctor of Medicine (M.D.) Degree