Committee Report | December 2011

Report of


REGENTS COMMITTEE


ON PROFESSIONAL PRACTICE


to the


Board of Regents


December 13, 2011

            Your Professional Practice Committee held its scheduled meeting on December 12, 2011.   All Committee Members were present, except for Regent Geraldine D. Chapey, who was excused.  Chancellor Merryl H. Tisch and Regent Kathleen M. Cashin were also present, but did not vote on any case or action.

ACTION ITEMS

Professional Discipline Cases

Your 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 4 cases and in one other case, be accepted, except that the penalty recommended to be imposed in that case not be accepted as hereafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 6 surrender applications be granted.  [PPC EXS (A) 1-3]

In the case of Donato Franco Tramontozzi. Pharmacist, under Calendar No. 25809, the report of the Regents Review Committee be accepted except that its recommendation as to the penalty to be imposed contained in said report not be accepted, and that based on a more serious view of respondent’s misconduct, that the respondent’s license to practice as a pharmacist in the State of New York be suspended for three years, that execution of the last two years of said suspension be stayed, and that, at such time as stated in the report of the Regents Review Committee, the respondent be placed on probation for two years under the terms and conditions set forth in the exhibit annexed thereto, made a part thereof and marked as Exhibit B.

These recommendations are made following the review of 39 cases involving five licensed practical nurses who are also registered professional nurses, four licensed practical nurses, four pharmacists, three architects, three certified public accountants, three registered professional nurses, two chiropractors, one professional engineer, one licensed clinical social worker, one licensed master social worker, one licensed mental health counselor, one massage therapist, one pharmacy, one physical therapist, one repacker and wholesaler of drugs who is also a nonresident wholesaler of drugs, and one veterinarian.

Restoration Cases

Your Committee recommends that, upon notification by the Director of the Office of Professional Medical Conduct that he has received a satisfactory report that Gareth W. Lovett is substance abuse-free and fit to practice as a physician in the State of New York, the execution of the surrender of Dr. Lovett’s physician license be stayed and the he be placed on probation, under the terms and conditions set forth in Exhibit “A” attached to the Report of the Committee on the Professions, for a period ending five (5) years from the date on which he begins a residency or supervised employment, as provided in the terms of probation, and that, upon successful completion of probation, Dr. Lovett’s license be fully restored. [PPC EXS (A) 4]

Approvals

Your Committee recommends approval of the following items:

Mandatory Continuing Education in Veterinary Medicine – [PPC (A) 1] That section 62.8 of the Regulations of the Commissioner of Education be added, as submitted, effective January 4, 2012.

Collaborative Drug Therapy Management Regulations – [PPC (A) 2]  That subparagraph (i) of paragraph (2) of subdivision (b) and paragraph (1) of subdivision (c) of section 63.7 of the Regulations of the Commissioner of Education be amended and that section 63.10 of the Regulations of the Commissioner of Education be added, as submitted, effective December 13, 2011, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare to ensure that the emergency rule remains continuously in effect until it can be adopted as a permanent rule.

That subparagraph (i) of paragraph (2) of subdivision (b) and paragraph (1) of subdivision (c) of section 63.7 of the Regulations of the Commissioner of Education be amended and that section 63.10 of the Regulations of the Commissioner of Education be added, as submitted, effective January 4, 2012.

MOTION FOR ACTION BY FULL BOARD

Madam Chancellor and Colleagues:  Your 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 December 12, 2011, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Deputy Commissioner's Report/Update –

• Full Board Consent Agenda Items
• • Board (Re)Appointments [BR (CA) 8]
  • Licensing Petitions [BR (CA) 9]
  • Master Plan Amendment – authorizes the Helene Fuld College of Nursing to offer a Bachelor of Science degree in Nursing [BR (CA) 10]
  • Permission to Operate – authorizes The Midwifery Institute of Philadelphia University to use clinical agencies for clinical education of midwifery students in its Master of Science and Post-Master’s Advanced Certificate programs [BR (CA)11]
• Technology Update
• Staffing/Productivity Update
• Updates on OP Initiatives

Regents Advisory Committee on Long-Term Clinical Clerkships [PPC (D) 1] –Discussion of the standards and processes recommended by the Advisory Committee with regard to the approval of international medical schools to place students in long-term clinical clerkships in New York. The concepts presented will provide the basis for the preparation of implementing regulations and supporting materials.

Healthcare Reform Initiatives [PPC (D) 2] – This discussion focused on strategies to address changes being proposed in the provision of healthcare in New York.