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 full Board at its July 2008 meeting where it will be voted on and action taken. 

Procedural History

Section 6506(5) of the Education Law and Section 24.7 of the Rules of the Board of Regents authorize the Regents to waive education, experience and examination requirements for a professional license as well as to confer the degree Doctor of Medicine.

Background Information

There are 9 licensing petitions and 16 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 July 28, 2008.

Board of Regents:  July 28, 2008

CERTIFIED PUBLIC ACCOUNTANCY

08-04-07

Vivian Cheng

Flushing, NY

(New York University, New York, New York, Bachelor of Science in Information Systems and Management and Organizational Behavior, May 2000; University of Southern California, Los Angeles, California, Master of Accountancy, May 2004)

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

Statement of Problem:   Ms. Cheng sat for and passed the four sections of the Uniform CPA Examination in California and was issued a license by that State in 2007. California applied different time standards for completing all four sections of the examination than New York during the transition to the national Computer-Based Uniform CPA Examination. California allowed first-time applicants who sat for the Computer-Based exam within the first six months after it was implemented to retain credit for any section passed within those first six months for a period of 24 months. New York allowed its applicants in the same testing situation to retain credit for sections passed for 18 months only.  Ms. Cheng is petitioning to have her examination scores from California accepted as meeting New York’s requirements. 

Ms. Cheng passed the Business Environment and Concepts (BEC) section of the examination in August 2004.  She passed the Audit (AUD) section in April 2005, the Financial Accounting and Reporting (FAR) section in July 2005, and the Regulation (REG) section in May 2006 – 21 months after she passed her first section.  She has been working in auditing services for a large public accounting firm for the last four years.

Ms. Cheng asks that her passing scores on the four subtests of the Uniform CPA Examination during a 21-month period, which met the licensing requirements for California, be accepted as meeting the examination requirement for New York.  Based on her unique circumstances, the Executive Secretary of the State Board for Public Accountancy supports her petition.

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 to accept her passing scores on the four subtests of the Uniform CPA Examination be accepted.

Board of Regents:  July 28, 2008

CERTIFIED PUBLIC ACCOUNTANCY

08-05-07

Ilene Mak

Jersey City, NJ

(New York University, New York, New York, Bachelor of Science, June 1980; Fordham University School of Law, New York, New York, Juris Doctor, May 1987)

Petition for: Waiver of the Law Section of the Uniform Certified Public Accountancy (CPA) Examination.

Statement of Problem:   Ms. Mak sat for and passed three sections of the Uniform CPA Examination in Maryland and was issued a license in 1991. At that time, Maryland applied different examination licensing requirements than New York, in that they would accept passage of the Law Bar Exam as meeting the requirement for passing the Law Section of the Uniform CPA Examination.  Commissioner’s Regulations require passing each of the four sections of the Uniform CPA Examination for licensure in New York.  Ms. Mak is petitioning to have her examination scores from Maryland accepted as meeting New York’s requirements.

Ms. Mak is licensed as an attorney in New York and New Jersey, as well as being licensed as a CPA in Maryland.  Her Maryland CPA license has been in good standing since April 1991.

Ms. Mak asks that her passing scores on three of the subtests of the Uniform CPA Examination and her exemption from the Law subtest by Maryland be accepted to satisfy the examination requirement for licensure in New York State.  Based on her unique circumstances, the Executive Secretary of the State Board for Public Accountancy supports her petition.

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 waiving the Law subtest of the Uniform CPA Examination be accepted.

Board of Regents:  July 28, 2008

CERTIFIED PUBLIC ACCOUNTANCY

08-06-08

Randy Rowe

Baldwinsville, NY

(SUNY College at Oswego, Oswego, New York, Bachelor of Science, May 2003)

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

Statement of Problem: Mr. Rowe recently passed the final part of the Uniform CPA Examination. Due to a series of medical issues, however, he exceeded the regulatory requirement of passing all four parts within a 36-month period. 

Mr. Rowe received conditional credit for passing the paper-based LPR and FARE sections of the examination in November 2003.  Commissioner’s Regulations in effect at that time stipulated that he needed to pass the remaining two sections of the examination by November 30, 2006 to retain credit for the LPR and FARE sections.  He passed the computer-based AUD section in November 2006, within the 36-month time period, but did not pass the computer-based REG section until November 2007. 

The Department has received documentation that, beginning in mid-2004 and continuing through the present, Mr. Rowe was faced with a series of medical issues that made it difficult for him to adequately prepare and sit for the two remaining sections of the examination.  Despite these issues, Mr. Rowe made a good faith effort to pass the examination during periods when his medical symptoms were less severe, sitting for the AUD section in August 2006 and the REG section in November 2006. He subsequently passed both those sections in November 2006 and November 2007, respectively.

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

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:  July 28, 2008

DENTISTRY

08-16-50

Amirali Zandinejad

Rochester, New York 14618

(Islamic Azad University, Tehran, Iran, Doctor of Dental Surgery, June 1999).

Petition for:  Acceptance of education.

Statement of Problem:   The applicant did not complete general chemistry and organic chemistry, which are required as part of the pre-professional education requirement in Commissioner’s Regulations. However, following graduation from dental school, Dr. Zandinejad successfully received a Master of Medical Sciences degree in Restorative Dentistry (2001) at Sheffield University, Sheffield, England, and also a Specialty Certificate in Restorative Dentistry (2004) from Tehran University of Medical Sciences, Tehran, Iran.  The State Board for Dentistry recommends that his advanced degree and specialty certificate fulfill the pre-professional deficiencies. Commissioner’s Regulations allow the Committee on the Professions to accept up to 30 semester hours of study completed after the professional program toward the pre-professional requirement.

Additionally, Dr. Zandinejad 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. Zandinejad enrolled in the two-year advanced program in general dentistry at the Eastman Dental Center of the University of Rochester and successfully completed the program in December 2007. This program is acknowledged by the State Board for Dentistry as the substantial equivalent of the two-year program required in regulation.

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.  In addition, they recommend the acceptance of the advanced degree and specialty certificate as fulfilling the pre-professional education deficiencies.

Board of Regents:  July 28, 2008

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 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. Each 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.

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.

Board of Regents:  July 28, 2008

MEDICINE

08-41-60

Francesco Rubino

New York, NY

(Universita Cattolica Del Sacro Cuore, Rome, Italy, Doctor of Medicine and Surgery, July 1994)

Petition for:  Endorsement of a French medical license and acceptance of hospital training completed in Italy and France as the substantial equivalent of three years of ACGME-accredited postgraduate hospital training.

Statement of Problem:  Dr. Rubino completed his medical studies at the Universita Cattolica Del Sacro Cuore in 1993 and received his medical degree in 1994.  He was licensed in France in 2005.  In addition to other requirements, Commissioner’s Regulations allow endorsement of an applicant’s license from another jurisdiction if the applicant has satisfied a proficiency examination requirement and a clinical competency examination requirement acceptable to the Department. For the proficiency examination requirement, Dr. Rubino is presenting his certification by the Educational Commission for Foreign Medical Graduates. For the clinical competency examination requirement, Dr. Rubino is presenting a Specialty Diploma in General Surgery from the Universita Cattolica Del Sacro Cuore in 2000.  Based on the Italian qualification, the French National Ordre Des Medecins awarded him the French Specialist in General Surgery in 2005.  

Commissioner’s Regulations also state that an applicant for endorsement cannot have failed any part of New York State’s licensing examination.  At the present time, for licensure, New York State requires acceptable scores on Steps 1, 2, and 3 of the United States Medical Licensing Examination (USMLE).  Dr. Rubino successfully completed USMLE Steps 1 and 2.  However, he never attempted USMLE Step 3.  The Executive Secretary for the State Board for Medicine recommends that Dr. Rubino’s French medical license be endorsed, since he has fulfilled the Commissioner’s Regulations that allow for endorsement of a license from another jurisdiction. 

              In addition, Dr. Rubino has not competed three years of ACGME-accredited postgraduate hospital training. However, Dr. Rubino has completed a five-year residency in general surgery from February 1996 to October 2000 at the Universita Cattolica Del Sacro Cuore, Rome, Italy. Dr. Rubino also completed a two-year clinical fellowship in advanced laparoscopic surgery from January 2001 to September 2003 with IRCAD-European Institute of Telesurgery in Strasbourg with the University de Louis Pasteur, Strasbourg, France.  He requests that his Italian and French hospital training be considered the substantial equivalent of the three years of ACGME-accredited postgraduate hospital training required for licensure.  The Executive Secretary for the State Board for Medicine supports this request.          

RECOMMENDATION:   The Committee on the Professions, in concurrence with the Executive Secretary of the New York State Board for Medicine, recommends endorsement of the French medical license and acceptance of the hospital training in Italy and France as the substantial equivalent of the required three years of ACGME-accredited postgraduate hospital training. 

Board of Regents:  July 28, 2008

THREE-YEAR LIMITED LICENSE IN VETERINARY MEDICINE

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 veterinarians 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 he/she satisfies 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.

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.

Board of Regents:  July 28, 2008

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.

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.