Meeting of the Board of Regents | December 2007

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

 

TO:
FROM:	Frank Muñoz
SUBJECT:	Annulment of Professional Registrations for Licensees in Physical Therapy who have had Passing Test Scores Invalidated by the Federation of State Boards for Physical Therapy (FSBPT), the Administrator of the National Physical Therapy Examination (NPTE).
DATE:	November 30, 2007
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision (Consent Agenda)

 

Should the Regents annul the registrations of licensees in physical therapy who have had their test scores invalidated by the national testing administrator for the National Physical Therapy Examination?

 

Reason(s) for Consideration

 

Required by State statute.    

                           

Proposed Handling

 

The question will come before the Higher Education and Professional Practice Committee at its December meeting where it will be voted on and action will be taken.  It will then come before the full Board at its December meeting for final action.

 

Procedural History

 

The Board of Regents has the authority to supervise the admission to and the practice of the professions.  When an error, omission, delay or other circumstance in the issuance of registration of a license occurs, the Board is authorized to direct the department to remedy the situation (Education Law section 6506[7]).

 

Background Information

 

The Federation of State Boards of Physical Therapy (FSBPT) worked with prosecutors and government officials from the Philippines and the United States to address the unlawful trafficking of National Physical Therapy Exam (NPTE) test questions by Philippine exam preparation centers.  The use of live test questions from the NPTE was confirmed.  The examinations and the individual exam questions are protected by federal copyright laws. 

 

FSBPT retained Caveon, a test security firm, to conduct a comprehensive forensic analysis of all NPTE test results occurring from March 1, 2005 through June 5, 2007.  This analysis established that at least twenty individuals did, in fact, benefit unfairly from advance access to recalled test items.  There being substantial evidence that twenty candidates had an unfair advantage and their scores are not legitimate, FSBPT has invalidated those scores.

 

Of the twenty individuals who were determined to have had an unfair advantage and have had their test scores invalidated, seven had applied for licensure in New York.  Six of the seven were granted licenses prior to their exam scores being invalidated.  The one applicant who was not licensed will not qualify for licensure until the examination is retaken and passed.  On October 29, 2007, the Department sent letters to each of the 6 licensees.  Those letters:

 

• explained the impact on their licenses of the invalidation of their test scores by FSBPT;
• offered the opportunity to provide the Department with any information that may bear on the issue and an opportunity to voluntarily return their registration certificates;
• provided notification that non-receipt of any registration certificate by November 15, 2007 could result in that registration being rescinded;
• offered information on applying for a limited permit to enable the applicant to continue to practice pending completion of the examination; and
• offered assurance that limited permit applications would be expedited.

              The letters were tracked to insure delivery.  As of November 15, 2007, two of the six licensees have voluntarily surrendered their registrations.  The remaining four licensees, who are identified in Attachment I, require action to annul their registrations.

 

Recommendation

 

I recommend that the Board of Regents take the following action:

 

              VOTED: That the State Education Department is directed to annul the registrations of the physical therapy licensees identified Attachment I to this item, effective immediately.

 

Timetable for Implementation

 

Upon receipt of direction from the Board of Regents, the Division of Professional Licensing Services will invalidate the registrations forthwith.

Attachment I

 

Physical Therapy Licensees Recommended for Registration Annulment

 

 

Madonna Villabroza Regodon – License Number 029277

San Lorenzo Subd

Brgy Ibabang Dupay

Lucena Quezon Province

Philippines 4301

 

Winnie Gloria Tamondong – License Number 029188

4708 Arbor Drive, Apt 207

Rolling Meadows, IL  60008

 

Marianne Bautista Terrado – License Number 028880

147 Brgy Lokeb Sur

Malasiqui

Pangasinan

Philippines 2421

 

Dan Jason Magbago Velez – License Number 029602

Poblacion Naawan

Misamis

Oriental

Philippines 9023