THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

Higher Education and Professional Practice Committee

FROM:

Johanna Duncan-Poitier

 

SUBJECT:

Report of the Committee on the Professions Regarding Licensing Petitions

DATE:

January 23, 2007

 

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 

SUMMARY

 

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?

 

Proposed Handling

 

This question will come before the Board of Regents at its February 2007 meeting for final action.

 

Procedural History

 

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.

 

Background Information

 

There are 10 licensing petitions and 17 requests for the conferral of the degree Doctor of Medicine for review and approval.

 

Recommendation

 

It is recommended that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.

 


Timetable for Implementation

 

Approval of the Committee on the Professions’ recommendations will be effective February 13, 2007.


 

 

 

Cases Presented to Board of Regents on:  February 13, 2007                                                                                 SUMMARY REPORT

 

 

PROFESSION

 

 

EDUCATION

EXAMINATION

 

 

Experience

Confer Degree Doctor of Medicine

Three-Year

Limited License

Pre-Professional

 

Professional

Post-Graduate

 

Proficiency

 

Licensing

Architecture

 

 

 

 

07-03-03

to

07-07-03

 

 

 

 

Certified Public Accountancy

 

 

 

 

07-01-07

07-02-07

 

 

 

 

Dentistry

 

07-01-50

 

 

 

 

 

 

 

Medicine

 

 

 

 

 

 

 

07-14-60C

to

07-30-60C

 

 

OTHER:  

 

 

 

 

Total for fiscal year to date:           269

 

Total for calendar year to date:        46

 


    Board of Regents:  February 13, 2007

 

 

ARCHITECTURE

 

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 the 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 …”

 

            Each petitioner satisfied the examination requirement in his/her initial state of licensure and has extensive professional practice satisfactory to the State Board.  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

07-03-03

Thomas Leonard Bello

Philadelphia, PA 19148

(1) Pennsylvania, 1978; also licensed in Virginia and New Jersey.

 

07-04-03

 

Kevin Scott Lemans

San Francisco, CA 94129

(1) California, 1980.

07-05-03

 

Carl Willumsen Magill III

Montgomery, NY 12549

(1) Louisiana, 1980; also licensed in Mississippi and Florida.

 

07-06-03

Charles Hyatt Place

New York, NY 10024

 

(1) Texas, 1982.

07-07-03

Paul Ralph Swartz

Somerville, NJ 08876

 

(1) Pennsylvania, 1981; also licensed in Maryland, New Jersey and Iowa.

 

Recommendation:  The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Architecture, recommends that each applicant’s licensing examination requirement be considered satisfied for licensure through the endorsement route.

 


Board of Regents:  February 13, 2007

 

 

CERTIFIED PUBLIC ACCOUNTANCY

07-01-07

Jaime Chien

Brooklyn, New York

 

(SUNY Albany, Albany, New York, Bachelor of Science in Accounting, May 2000)

Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy Examination.

 

Statement of Problem: Jaime P. Chien, an applicant for licensure as a CPA, recently passed the four parts of the Uniform CPA Examination. However, she exceeded the 36-month conditioning requirement by three months. 

 

Ms. Chien originally received conditional credit for passing the paper-based AUD and LPR sections of the examination in May 2003.  She subsequently passed the computer-based REG section on January 17, 2006. Ms. Chien needed to pass the fourth section, FAR, by the end of May 2006 to retain credit for the two sections she passed in May 2003.

 

Ms. Chien scheduled to sit on May 31, 2006. She experienced technical difficulties during the exam, which caused the testing center to relocate her once and reboot her work station twice.  Each time the system was rebooted, she was forced to return to the beginning of the section in which she was working and recreate work she had already done.  This caused her to loose significant time and she failed the section.  She was granted a free retest of the section in the subsequent July/August testing window, which she passed.  This passing date, however, exceeded by three months (or one full testing window) the 36-month conditional credit period required by Section 70.3 of the Regulations of the Commissioner. 

 

Had she not encountered computer problems, it is likely that Ms. Chien would have passed the FAR section during the April/May 2006 testing window, 36 months after the testing window in which she passed her first two exam sections. These technical difficulties were beyond her control and prevented her timely passing of the FAR section. The Executive Secretary of the State Board for Public Accountancy supports Ms. Chien’s request to waive the 36-month requirement to pass all four parts of the Uniform CPA Examination.

           

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)   SUNY Albany, Albany, New York, Bachelor of Science in Accounting, May 2000.


 

(2) Passing scores on the Uniform CPA Examination.

(2) (a) May 2003: Auditing; Law (passing                   scores).          

      (b) January 2006: Regulation (passing score).

      (c) May 2006: Financial Accounting                     & Reporting (failed).

      (d) August 2006: Financial Accounting & Reporting (passing score).

 

(3) Two years of satisfactory experience.

(3)

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicant’s petition for acceptance of passing grades on the Uniform CPA Examination be accepted.

 


Board of Regents:  February 13, 2007

 

CERTIFIED PUBLIC ACCOUNTANCY

07-02-07

Frank McMahon

Pleasantville, New York

 

(Pace University, Pleasantville, New York, January 1984 through December 1986; Fordham University, Bronx, New York, Bachelor of Science, May 1989; Fordham University, New York, New York, Master of Business Administration in Accounting and Taxation, May 1993)

 

Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy Examination.

 

Statement of Problem: Frank McMahon, an applicant for licensure as a CPA, recently passed the four parts of the Uniform CPA Examination. Due to a series of medical issues, however, he exceeded the 36-month conditioning requirement by 12 months. 

 

Mr. McMahon received conditional credit for passing the paper-based LPR section of the examination on November 1, 2002.  He needed to pass the remaining three sections of the exam by November 1, 2005 to retain credit for the LPR section.  He passed the paper-based ARE section on May 1, 2003 and the computer-based AUD section on November 11, 2004, both within the 36-month conditioning period. 

 

Beginning in January 2005, however, and continuing through September 2006, Mr. McMahon was faced with a series of family and personal medical issues that prevented him from adequately preparing and sitting for the remaining section of the CPA exam.  Once these medical issues were satisfactorily resolved, Mr. McMahon sat for and passed the FAR section of the exam during the next subsequent exam window on November 16, 2006.

 

Based on the strength of the documentation provided by his physician, the Executive Secretary of the State Board for Public Accountancy supports Mr. McMahon’s request to waive the 36-month requirement to pass all four parts of the Uniform CPA Examination.

           

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.

(2)   Master of Business Administration in Accounting and Taxation, May 1993.


 

(2) Passing scores on the Uniform CPA Examination.

(2) (a) November 2002: Law (passing                        score.)           

      (b) May 2003: Regulation (passing                       score); Auditing (failed).

      (c) April/May 2004: Financial Accounting and Reporting (failed); Auditing (failed).

       (d) November 2004: Auditing (passing score).

     (e) May 2005: Financial                                        Accounting & Reporting (failed).

      (f) February 2006: Financial                                 Accounting & Reporting (failed).        

     (g) May 2006: Financial                                       Accounting & Reporting (failed).          

    (h) November 2006: Financial                              Accounting & Reporting (passing                    score).

 

 

(3) Two years of satisfactory experience.

(3)

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicant’s petition for acceptance of passing grades on the Uniform CPA Examination be accepted.

 


Board of Regents:  February 13, 2007

 

DENTISTRY

07-01-50

Yen-Tung Teng

Rochester, NY  14620-2989

 

(Kaohsiung Medical University, Kaohsiung, Republic of China, Doctor of Dental Surgery, June 1984)

 

Petition for:  Acceptance of education

 

Statement of Problem:  Dr. Teng did not complete the two academic years of study required in an accredited dental school program culminating in certification that the applicant has achieved the level of knowledge and clinical proficiency expected of a graduate of that school.  Such study is required for applicants completing a program of dental education in an unregistered or unaccredited dental school. 

 

            Dr. Teng enrolled in the two-year advanced program in general dentistry at the Eastman Dental Center of the University of Rochester and completed the program on December 31, 2006. The State Board acknowledges this program for Dentistry as the substantial equivalent of the two-year program required in regulation.

 

APPLICABLE REQUIREMENTS:

QUALIFICATIONS:

Section 61 of the Regulations of the Commissioner of Education requires:

 

(1) Not less than 60 semester hours of preprofessional education including courses in general chemistry, organic chemistry, biology or zoology, and physics.

(1) Kaohsiung Medical University, Kaohsiung, Republic of China, 1978-1980.

(2) Four academic years of dental education culminating in a degree in an acceptable dental school.

(2) Four years of acceptable dental education culminating in the degree of D.D.S. from the Kaohsiung Medical University, Kaohsiung, Republic of China, 1980-1984.

(3) Two academic years of study in an accredited dental school program culminating in certification that the applicant has achieved the level of knowledge and clinical proficiency expected of a graduate of that school.

(3) Two-year advanced program in general dentistry at the University of Rochester, Eastman Dental Center, Rochester, New York, completed on December 31, 2006.

(4) Satisfactory scores on Parts I and II of the National Dental Board Examinations.

(4) Satisfactory scores on Part I and II of the National Board of Dental Examiners.


 

(5) Satisfactory performance on the clinical examination administered by the Northeast Regional Board of Dental Examiners.

(5)

(6) United States citizen or alien lawfully admitted for permanent residence in the United States.

(6) Alien lawfully admitted for permanent residence in the United States

(7) Evidence of the required course in the identification and reporting of child abuse and maltreatment.

(7)

 

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Dentistry, recommends that the applicant's successful completion of the advanced program in general dentistry at the University of Rochester be accepted as the substantial equivalent of the required two academic years of dental study in a registered or accredited dental school program.


Board of Regents:  February 13, 2007

 

THREE YEAR LIMITED LICENSE IN DENTISTRY

 

Petition for: Three-year limited license to practice Dentistry under Section 6604(6) of the Education Law.

 

Statement of Problem: The applicants listed below have satisfied the education and examination requirements for licensure as dentists 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 had an opportunity to practice dentistry in an area which has been designated a Federal Dental Health Professions Shortage Area and request a three-year waiver of the citizenship requirement under Section 6604(6) of the Education Law. Each applicant must sign an affidavit stating the exact location of the shortage area where he/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

07-02-59

Shantanu Lal

New York, NY  10069-0704

07-03-59

Anthony Pasquale

Union City, NJ  07087

 

 

ACTION: The Department shall issue a three-year limited license to each 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.

 

 


Board of Regents:  February 13, 2007

 

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

07-14-60C

Shane Young

Gunnison, UT 84634

(1)   Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 6/14/02.

(2)   License #241097, issued on 7/19/06.

07-15-60C

Vikas Varma

Fresh Meadow, NY 11365

 

(1)   Armed Forces Medical College, Pune, India, Bachelor of Medicine, Bachelor of Surgery, 11/18/92.

(2)   License #203454, issued on 6/29/96.

07-16-60C

Anatoly Pisman

Brooklyn, NY 11230

 

(1)   State Medical Institute Aktyubinsk, Soviet Union, Physician, 6/24/77.

(2)   License #210766, issued on 6/15/98.

07-17-60C

Dominick Piacente

New Rochelle, NY 10804

 

(1)   Austral University, Valdivia, Chile, Physician & Surgeon, 3/17/93.

(2)   License #226666, issued on 10/11/02.

07-18-60C

Sudha Patel

New York, NY 10021

 

(1) M.S. University of Baroda, Baroda, Gujarat, India, Bachelor of Medicine, Bachelor of Surgery, 3/1/73.

(2)  License #129033, issued on 10/8/76.


 

07-19-60C

Maciej Nowakowski

Otego, NY 13825

 

(1) Pomeranian Academy of Medicine, Szczecin, Poland, Physician, 5/8/90.

(2)  License #233376, issued on 7/16/04.

07-20-60C

Hong Weng

Stony Brook, NY 11794

 

(1) Beijing Medical College, Beijing, People’s Republic of China, Certificate of Medical School Graduation, 8/10/84.

(2) License #221822, issued on 7/3/01.

07-21-60C

Maung Maung

Flushing, NY 11354

 

(1) Institute of Medicine I – Rangoon, Burma, (Myanmar), Bachelor of Medicine, Bachelor of Surgery, 12/7/85.

(2) License #200276, issued on 7/25/95.

07-22-60C

Shylasree Krishnan

Pittsford, NY 14534

 

(1) Kerala University, Alleppey, India, Bachelor of Medicine, Bachelor of Surgery, 3/19/94.

(2) License #214408, issued on 6/22/99.

07-23-60C

Zaber Khan

Brooklyn, NY 11218

 

(1) Dhaka Medical College, Dhaka, Bangladesh, Bachelor of Medicine, Bachelor of Surgery, 5/1/90.

(2) License #234133, issued on 10/1/04.

07-24-60C

Srivani Karra

Kingston, NY 12401

 

(1) Gandhi Medical College, Hyderabad, India, Bachelor of Medicine, Bachelor of Surgery, 2/5/00.

(2) License #241535, issued on 8/15/06.

07-25-60C

Stephen Horsley

Tucson, AZ 86743

 

(1) Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 6/8/01.

(2) License #242418, issued on 11/21/06.

07-26-60C

Richard Funaro

Brooklyn, NY 11209

 

(1) Autonomous University of Guadalajara, Guadalajara, Mexico, Physician & Surgeon, 6/9/86.

(2) License #181531, issued on 2/23/90.

07-27-60C

Gihan Elmeniawy-Farag

Staten Island, NY 10312

 

(1)   Ain Shams University, Cairo, Egypt, Bachelor of Medicine & Surgery, 12/1/93.

(2) License #236523, issued on 6/14/85.

07-28-60C

Chima Chionuma

Liverpool, NY 13090

(1)   University of Lagos, Lagos, Nigeria, Bachelor of Medicine, Bachelor of Surgery, 5/26/82.

(2)   License #190129, issued on 8/19/92.

07-29-60C

William Ankobiah

Baldwin, NY 11510

(1)   University of Ghana, Accra, Ghana, Bachelor of Medicine, Bachelor of Surgery, 3/1/78.

(2)   License #171192, issued on 7/28/87.


 

07-30-60C

Zia Ahmed

Brooklyn, NY 11226

(1)   Dow Medical College, Karachi, Pakistan, Bachelor of Medicine, Bachelor of Surgery, 1/26/77.

(2)   License #192853, issued on 7/1/93.

 

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.