THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO:
The Higher Education and
Professional Practice Committee
FROM:
Johanna
Duncan-Poitier
SUBJECT:
Report of the Committee on
the Professions Regarding Licensing Petitions
DATE:
November 15,
2005
STRATEGIC GOAL:
Goal 3
AUTHORIZATION(S):
Issue for Decision (Consent
Agenda)
Should the Regents approve the recommendations of the Committee on the
Professions pertaining to licensing petitions as listed on the
attachment?
The question will come before the Higher Education & Professional
Practice Committee at its December 2005 meeting where it will be voted on and
action taken. It will then come
before the Full Board at its December 2005 meeting for final action.
Section 6506(5) of the Education Law and Part 24.7 of the Rules of the
Board of Regents authorizes the Regents to waive education, experience and
examination requirements for a professional license as well as confer the degree
Doctor of Medicine.
There are 19 licensing petitions and 5 requests for the conferral of the
degree Doctor of Medicine for review and approval.
It is recommended that the Regents approve the
recommendations of the Committee on the Professions regarding licensing
petitions.
Approval of the Committee on the Professions’ recommendations will be
effective December 9, 2005.
Cases Presented to Board of
Regents on: December 9,
2005
SUMMARY
REPORT | ||||||||
PROFESSION |
EDUCATION |
EXAMINATION |
Experience |
Confer
Degree Doctor of Medicine |
Three-Year Limited
License | |||
Pre-Professional |
Professional |
Post-Graduate |
Proficiency |
Licensing | ||||
Architecture |
|
|
|
|
05-28-03 to 05-33-03 |
|
|
|
Certified Public Accountancy
|
|
|
|
|
05-04-07 |
|
|
|
Pharmacy |
|
|
|
|
|
|
|
05-29-21 to 05-35-21 |
Dentistry |
|
|
|
|
|
|
|
05-19-59 |
Physical
Therapy |
|
|
|
|
05-03-62 |
|
|
|
Veterinary
Medicine |
|
|
|
|
|
|
|
05-25-74 to 05-26-74 |
Podiatry |
|
|
|
|
05-01-65 |
|
|
|
Medicine |
|
|
|
|
|
|
05-133-60C to 05-137-60C |
|
OTHER: |
Total for fiscal year to
date:
232 Total for calendar year to
date:
272 |
Petition for: Waiver of New York State requirements pertaining to
acceptability of licensing examinations for licensure by
endorsement.
Summary Statement: The
petitioners listed below are all graduates of professionally accredited
architecture programs who have applied for licensure in New York. All have achieved, at a minimum, a
Bachelor of Architecture degree.
All petitioners have substantial documented licensed experience in other
states.
Prior to 1983, certain states did not require the Equivalency Examination (EE) or the Qualifying Test (QT) if a candidate had a degree from an accredited architecture program, and granted licensure upon passage of the Professional Examination (PE). Prior to 1975, most states recognized the Examination Syllabus (ES). The petitioners passed either the national Professional Examination (PE) given prior to 1983, or portions of the national Examination Syllabus (ES) given prior to 1975. Prior to 1983, New York State required passage of the Equivalency Examination (EE), or passage of the Qualifying Test (QT) in addition to passage of the national Professional Examination. Each of the petitioners satisfied the examination requirement in his/her initial state of licensure by passing an acceptable licensing examination and attained licensure in that state.
Section 7304(4) of Education Law and Section 69.3 of the Commissioner’s
Regulations require for endorsement that “… an architect licensed in another
state or jurisdiction as the result of successful completion of only the
professional examination in use before 1983 may be granted licensure upon
presentation of evidence of two years of work experience of a grade and
character satisfactory to the State Board for Architecture and passage of a
practical examination satisfactory to the State Board for Architecture
…”
The Department has no documentation of professional disciplinary actions
against the petitioners.
Each petitioner satisfied the examination requirement in his/her initial
state of licensure and has extensive professional practice starting prior to
1983. Since the above information
illustrates evidence of competence within the profession, and in lieu of the
practical examination, the Executive Secretary of the State Board for
Architecture recommends that the examination requirement be considered satisfied
and each applicant’s licensure in another state be accepted for endorsement in
New York State.
NAME OF PETITIONER |
LICENSURE |
05-28-03 Ihsan B. Akin Old Saybrook, CT 06475 |
(1) West Virginia, 1978; also licensed in
Connecticut, Maryland and Pennsylvania. |
05-29-03 Richard P. Curtis Portland, ME 04101 |
(1) New Hampshire, 1977; also licensed in
Maine, Massachusetts, District of Columbia and New
Jersey.
|
05-30-03 Daniel R. Mathews Lexington, NC 27292
|
(1) North Carolina, 1982; also licensed in
Ohio, Virginia, Maine and West Virginia. |
05-31-03 Paul B. Ostergaard Pittsburgh, PA 15219
|
(1) Pennsylvania, 1981; also licensed in South
Carolina. |
05-32-03 John E. Ward Oklahoma City, OK 73102
|
(1) Oklahoma, 1980;
also licensed in Arkansas, Texas and Colorado. |
05-33-03 Bernard Zyscovich Miami, FL 33132
|
(1) Florida, 1977; also licensed in
Illinois. |
05-04-07
Brian C.
Florio
Bellmore, New York 11710
(Adelphi University, Garden City, New York,
Bachelor of Science in Management and Communication, August 1989, Master of
Science in Finance and Banking, May 1992 and additional courses,
1993-95)
Petition for: Acceptance of passing
grades on the Uniform Certified Public Accountancy
Examination.
Statement of
Problem:
Mr. Florio applied for licensure and admission to the Uniform CPA Examination in
2001. His education at Adelphi
University satisfied all the educational requirements for
licensure.
Commissioner's Regulations require that an applicant must pass all parts
of the Uniform CPA examination within 36 months and must pass each section in no
more than six attempts. Mr. Florio
originally received conditional credit on the Auditing (AUD) and Law and
Professional Responsibility (LPR) sections of the examination in May 2001. To retain credit for these sections, Mr.
Florio needed to pass the Financial Accounting and Reporting (FARE) and
Accounting and Reporting (ARE) sections by May 2004. He passed the Accounting
and Reporting (ARE) section in November 2003.
Mr. Florio has provided documentation of personal difficulties that
prevented him from sitting for the examination between November 2001 and
November 2003. In addition, Mr.
Florio encountered a hardware malfunction during his initial attempt under
computer-based testing. The
malfunction resulted in a refund of his examination fees. Mr. Florio passed the
Financial Accounting and Reporting (FARE) section in August 2005, 51 months
after receiving conditional credit for the first two sections of the
examination. Mr. Florio asks that
his scores be accepted as the substantial equivalent of scores earned within the
36 months allowed in Regulations.
Based on Mr. Florio’s personal difficulties and the hardware malfunction
in the computer-based testing, the Executive Secretary of the State Board for
Public Accountancy supports his request.
APPLICABLE
REQUIREMENTS: |
QUALIFICATIONS: |
Section 7404 of Education Law and Part 70 of
the Commissioner’s Regulations require: |
|
(1) A bachelor’s or higher degree based on a
program in accountancy. |
(1) Adelphi University, Bachelor of Science,
August 1989, Master of Science, May 1992, and additional courses,
1993-95. |
(2) Passing scores on the Uniform CPA
Examination. |
(2) May 2001: Auditing, 78, and Law, 80
(passing scores); November 2003: Accounting and Reporting, 86 (passing
score); and August 2005, Financial Accounting and Regulation, passing
score. |
(3) Two years of satisfactory
experience. |
(3) |
Petition for: Three-year limited license to practice pharmacy
under Section 6805(6) of the Education Law.
Statement of Problem:
The applicants listed below have met the education,
examination and experience requirements for licensure as a pharmacist in New
York State. The only requirement for full licensure that cannot be satisfied at
this time is United States citizenship or immigration status as an alien
lawfully admitted for permanent residence in the United
States.
Each applicant also has a pending application for full pharmacy
licensure, which cannot be granted until he/she satisfies the citizenship or
permanent residency requirement.
Applicable Guidelines:
Section 6805(6) of Education Law relates to the
requirement of United States citizenship or permanent resident status for
licensure as a pharmacist in New York State and allows the Board of Regents to
grant a one-time, three-year waiver (plus an extension of not more than one
year) for an alien pharmacist to practice in New York State if all other
licensure requirements are satisfied.
NAME OF
PETITIONER |
05-29-21 Veera Indana Littleton, New Hampshire 03561 |
05-30-21 Hasmukhkumar Patel Whitehall, New York 12887 |
05-31-21 Yogeshkumar Patel South Burlington, Vermont 05403 |
05-32-21 Yvonne Perry Victoria, British Columbia V8Z
6N2 Canada |
05-33-21 Aye Aye Fu Brooklyn, New York
11220 |
05-34-21 Gerges Shanad Vero Beach, Florida
32960 |
05-35-21 Scott Wan Gig Harbor, Washington
98335 |
ACTION:
The Department shall issue a limited license for a maximum of three years to
practice pharmacy in New York State to each applicant, conditional upon approval
by the Department of all documentation needed to verify satisfaction of all
pharmacy licensure requirements other than citizenship. The limited license may
be renewed, if appropriate, for one year.
Petition for: Three-year limited license to practice Dentistry
under Section 6604(6) of the Education Law.
Statement of Problem: The applicant listed below has satisfied the
education and examination requirements for licensure as a dentist in New York
State. The only requirement for full licensure that cannot be satisfied at this
time is United States citizenship or immigration status as an alien lawfully
admitted for permanent residence in the United States.
The applicant has an opportunity to practice dentistry in an area which
has been designated a Federal Dental Health Professions Shortage Area and
requests a three-year waiver of the citizenship requirement under Section
6604(6) of the Education Law. The applicant must sign an affidavit stating the
exact location of the shortage area where she will practice before the
three-year limited license will be issued.
Applicable Guidelines: Section 6604(6) of Education Law relates to the
requirement of United States citizenship or permanent resident status for
licensure as a dentist in New York State and allows the Board of Regents to
grant a one-time, three-year waiver of this requirement for an alien dentist to
practice in New York State if all other licensure requirements are satisfied and
to grant an additional extension not to exceed six years to enable the alien to
secure citizenship or permanent resident status, provided such status is being
actively pursued.
NAME OF
PETITIONER |
05-19-59 Cristina
Ciornei
Rochester, NY
14620 |
ACTION:
The Department shall issue a three-year limited license to the applicant to
practice dentistry in New York State in a Federal Dental Health Professions
Shortage Area upon approval by the Department of all documentation needed to
verify satisfaction of all dentistry licensure requirements other than
citizenship and an acceptable Affidavit of Agreement on the applicant’s location
of employment. The limited license
may be renewed upon the lawful submission of an application for an extension of
not more than six years, at the discretion of the
Department.
PHYSICAL
THERAPY
05-03-62
Kathleen
Byrne
Lake Placid, New
York
(University of Vermont, Burlington, Vermont,
Bachelor of Science in Physical Therapy,
May 1988)
Petition for: Acceptance of passing
grades for licensure in Massachusetts and New Jersey achieved on the Federation
of State Boards of Physical Therapy Examination in July
1988.
Statement of
Problem:
Ms. Byrne applied for licensure in Physical Therapy in March 2005. Her education at the University of
Vermont satisfied all the educational requirements for
licensure.
Commissioner's Regulations require that an applicant must have acceptable
scores on a satisfactory licensing examination. Ms. Byrne passed the physical therapy
national written examination according to standards established in Massachusetts
and New Jersey in July 1988. According to New York standards, Ms.
Byrne passed Part II of the examination, but failed Part I by one
point.
Ms. Byrne has been licensed
in good standing with no disciplinary action in Massachusetts since 1988 and in
New Jersey since 1989. Based on her
licensure and over a decade of experience, the Executive Secretary of the State
Board for Physical Therapy supports her request to accept her
scores.
APPLICABLE
REQUIREMENTS: |
QUALIFICATIONS: |
Section 6374 of Education Law and Part 77 of
the Commissioner’s Regulations require: |
|
(1) Bachelor’s, master’s or equivalent
qualification in physical therapy and completion of an acceptable program
of at least four academic years. |
(1) University of Vermont, Bachelor of Science in
Physical Therapy, May 1988. |
(2) Acceptable scores on a satisfactory
licensing examination. |
(2) Passed physical therapy national written
examination by Massachusetts and New Jersey standards in July 1988.
|
RECOMMENDATION: The Committee on the Professions, in concurrence
with the Executive Secretary of the State Board for Physical Therapy, recommends
that the scores achieved on the physical therapy national written examination in
1988 be accepted to satisfy the licensing examination
requirement.
PODIATRY
05-01-65
Alan Jay
Engle
Great Neck, NY
11021
(Temple University School of
Podiatric Medicine, Philadelphia, Pennsylvania, D.P.M., June
1979)
Petition
for: Waiver of the
requirements pertaining to acceptability of licensing
examinations.
Statement of
Problem: Dr. Engle applied for licensure in Podiatry in September
2005 after being displaced by Hurricane Katrina. His education at Temple University
School of Podiatric Medicine and his residency at Fort Benning, Georgia, in the
United States Army satisfied all the educational and experience requirements for
licensure in New York State. He
received board certification status in foot surgery by the American Board of
Podiatric Surgery in August 1992.
Commissioner’s Regulations require that an applicant
for licensure in podiatry pass an examination in the basic and clinical sciences
and an entry-level clinical skills examination, which Dr. Engle has done by
achieving grades acceptable to the Department on Part I and Part II of the
examination of the National Board of Podiatry Medical Examiners (NBPME). However, a practical examination, NBPME
Part III, is also required for licensure in New York State.
At the time Dr. Engle was licensed in Louisiana in
1981, there was no requirement in that state for applicants to pass a practical
examination or successfully complete a similar test. Based on his license and good standing
in the state of Louisiana and over 20 years of experience, the Executive
Secretary of the State Board for Podiatry supports his petition to waive the
NBPME Part III licensing examination.
APPLICABLE
REQUIREMENTS: |
QUALIFICATIONS: |
Section 7004 of
Education Law and Part 65 of the Commissioner’s Regulations
require: |
|
(1) Completion of a
registered or equivalent podiatric medicine program with a Doctorate of
Podiatric Medicine or equivalent degree. |
(1) Temple University
School of Podiatric Medicine, Philadelphia, Pennsylvania, D.P.M., June
1979. |
(2) Acceptable scores
on a satisfactory licensing examination. |
(2) (a) Passed NBPME Part I in September 1977 and Part II in
March 1979 (b)
NBPME Part III (See
Statement of Problem) (c) Licensed in
Louisiana, June 1981. |
(3) Evidence of good
moral character. |
(3) Evidence of good
moral character. |
(4) Evidence of the
required course in the identification and reporting of child abuse and
maltreatment. |
(4) |
(5) Evidence of
completion of at least one year of supervised postgraduate hospital
training in podiatry. |
(5) USAMEDDAC, MACH,
Fort Benning, Georgia, July
1982. |
RECOMMENDATION: The Committee on the Professions, in concurrence with
the Executive Secretary of the State Board for Podiatry, recommends that the
NBPME Part III examination requirement be waived and that the applicant’s
license be endorsed.
Petition for:
Three-year limited license to practice veterinary medicine under Section
6704(6) of the Education Law.
Statement of Problem: The applicants listed below have met the education
and examination requirements for licensure as a veterinarian in New York State.
The only requirement for full licensure that cannot be satisfied at this time is
United States citizenship or immigration status as an alien lawfully admitted
for permanent residence in the United States.
Each applicant also has a pending application for full veterinary medical
licensure, which cannot be granted until they satisfy the citizenship or
permanent residency requirement.
Applicable Guidelines: Section 6704(6) of Education Law relates to the
requirement of United States citizenship or permanent resident status for
licensure as a veterinarian in New York State and allows the Board of Regents to
grant a one-time, three-year waiver (plus an extension of not more than one
year) for an alien veterinarian to practice in New York State if all other
licensure requirements are satisfied.
NAME OF
PETITIONER |
05-25-74 Amy Lynn
Doornekamp Adams, NY
13605 |
05-26-74 Marie
Vaillancourt Lake Katrine, NY
12449 |
ACTION:
The Department shall issue a limited license for a maximum of three years to
practice veterinary medicine in New York State to each applicant, conditional
upon approval by the Department of all documentation needed to verify
satisfaction of all veterinary medicine licensure requirements other than
citizenship. The limited license may be renewed upon the lawful submission of an
application for an extension of not more than one year, at the discretion of the
Department.
MEDICINE
Petition for: Conferral of the degree Doctor of Medicine (M.D.)
pursuant to Section 6529 of the Education Law.
Summary Statement: The petitioners listed below are all graduates of
foreign medical schools who have been licensed in New
York.
The applicable requirements of Section 3.57 of the Rules of the Board of
Regents require completion of a medical education program in a foreign medical
school satisfactory to the Department which does not grant the degree Doctor of
Medicine (M.D.), and in which the philosophy and curriculum were equivalent, as
determined by the Department in accordance with the policy of the Board of
Regents, to those in programs leading to the degree Doctor of Medicine (M.D.) at
medical schools in the United States satisfactory to, or registered by, the
Board of Regents and the Department.
Secondly, petitioners must have licensure to practice medicine in New
York State in accordance with provisions of Section 6524 or 6528 of the
Education Law or their equivalent as determined by the Board of Regents pursuant
to their authority under Section 6506 of the Education
Law.
NAME OF
PETITIONER |
QUALIFICATIONS |
05-133-60C Clay Schneiter Austin, TX 78703 |
(1) Autonomous University of Guadalajara,
Guadalajara, Mexico, Physician & Surgeon,
12/6/02. (2) License #238107, issued on
10/18/05. |
05-134-60C Satish Modi Poughkeepsie, NY 12603 |
(1) Rajasthan University, Bombay, India, Bachelor
of Medicine, Bachelor of Surgery, 3/25/71. (2) License #128683, issued on
9/24/76. |
05-135-60C Mamatha
Gowda Edison, NJ
08820 |
(1) Kempegowda Institute of Medical Sciences,
Bangalore, India, Bachelor of Medicine, Bachelor of Surgery,
3/4/93. (2) License #234401, issued on
11/4/04. |
05-136-60C Joanne Cunanan Providence, RI 02908 |
(1) Autonomous University of Guadalajara,
Guadalajara, Mexico, Physician, 6/9/00. (2) License #237476, issued on
8/26/05. |
05-137-60C Leon Adler N. Miami Beach, FL
33162 |
(1) Autonomous University of Guadalajara,
Guadalajara, Mexico, Physician & Surgeon,
12/12/80. (2) License #153314, issued on
3/11/83. |
RECOMMENDATION: The Committee on the Professions, in concurrence
with the State Board for Medicine, recommends that the petitioners be awarded
the degree Doctor of Medicine (M.D.) in accordance with provisions of Section
6529 of the Education Law.