Report of Regents Professional Practice Committee to The Board of Regents
Regents Committee on Professional Practice
Regent Norwood, Co-Chair, Regent Cottrell, Co-Chair, Vice Chancellor Finn, Regent Cea, Regent Collins, Regent Wills, Regent Catania, and Regent Hale.
The Professional Practice Committee held its scheduled meeting on November 14, 2023. All members were present, except for Regent James E. Cottrell and Vice Chancellor Josephine Victoria Finn, who were excused. Chancellor Lester W. Young also attended the meeting, but did not vote on any action.
ACTION ITEMS
Professional Discipline Cases [PCC EXS (A) 1 – 3; 6]
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 8 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 20 consent order applications and 8 surrender applications be granted, and further recommends that 1 summary suspension application be granted.
These recommendations are made following the review of 37 cases involving eight registered professional nurses, six licensed practical nurses, three veterinarians, two architects, two dentists, two licensed practical nurses who are also registered professional nurses, one certified public accountant, one chiropractor, one licensed clinical social worker, one licensed master social worker, one licensed master social worker who is also a licensed clinical social worker, one massage therapist, one physical therapist, one registered dental assistant, one registered professional nurse who is also a nurse practitioner in Adult Health, and one veterinary technician.
Restorations [PCC EXS (A) 4 - 5]
The Committee recommends that the application of Nisar Piracha for the restoration of his license to practice as a Physician in New York State be denied. [PPC EXS (A) 4]
The Committee recommends that the application of Joanne Tobias Baker for the restoration of her license to practice as a Dentist in New York State be denied. [PPC EXS (A) 5]
Proposed Amendment of Section 70.4 of the Regulations of the Commissioner of Education Relating to Licensing Examinations in the Profession of Public Accountancy [PPC (A) 1] - Department staff presented a proposed amendment to conform section 70.4 the Commissioner’s Regulations to the national CPA licensing exam standards by revising the retention of credit provisions for CPA exam scores to properly calculate the time frame for passing all sections. This proposed amendment will enable the Department to effectively implement the impending national CPA Evolution changes. The proposed amendment will also make technical amendments to the Commissioner’s Regulations to remove flexibilities concerning the 18-month retention period related to the COVID-19 pandemic and correcting cross-references.
The Committee recommends that section 70.4 of the Regulations of the Commissioner of Education be added, as submitted, effective January 1, 2024, as an emergency action, upon a finding that such action is necessary for the preservation of the public health and general welfare to conform the Commissioners’ regulations to the national CPA licensing exam standards that are anticipated in or around January 2024 and to remain consistent with other jurisdictions.
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 November 14, 2023, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Proposed Repeal and Addition of New Sections 52.11 and 62.1 of the Regulations of the Commissioner Related to the Registration of Curricula and Professional Study in Veterinary Medicine [PPC (D) 1] - Department staff presented for discussion a proposed amendments to sections 52.11 and 62.1 of the Commissioner’s Regulations to help to meet workforce challenges in veterinary medicine without sacrificing educational quality, by aligning requirements to programmatic accreditation standards that allow multiple program pathways to earning a doctoral degree in veterinary medicine.
Proposed Amendment of Section 29.15 of the Rules of the Board of Regents and Sections 79-9.6, 79-10.6, and 79-12.6 of the Regulations of the Commissioner of Education Relating to Mental Health Practitioners’ Diagnostic Privilege [PPC (D) 2] - Department staff presented for discussion a proposed revised amendment to the Commissioner’s Regulations to clarify that an applicant who is licensed in New York prior to June 24, 2024, as a mental health counselor, marriage and family therapist, or psychoanalyst, may meet the experience requirement for the diagnostic privilege by either (1) submitting verification of completion of a supervised experience of at least 2,000 hours of supervised, direct client contact that includes, but is not limited to, diagnosis, psychotherapy and the development of assessment-based treatment plans; or (2) submitting an attestation of at least three years of experience engaged in direct client contact that includes diagnosis, psychotherapy and the development of assessment-based treatment plans. The privilege application and fee must be submitted by June 24, 2024. Additionally, the proposed revised amendment an incorrect reference to experience in section 79-10.6(f) of the Commissioner’s Regulations was corrected to reference section 79-10.3(e), rather than section 79-10.3(d).
Deputy Commissioner Sarah Benson reviewed the items on the Consent Agenda.