Committee Report | February 2011

Summary

Issue for Decision (Consent Agenda)

Should the Board of Regents direct the Department to rescind the licenses of two clinical laboratory technologists, one clinical laboratory technician, one licensed clinical social worker, and one certified public accountant who have not met the requirements for licensure?

Reason(s) for Consideration

Required by State statute.  

                       
Proposed Handling

The question will come before the Full Board on its consent agenda at its February 2011 meeting where it will be voted on and action will be taken.

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 a registration or a license occurs, the Board is authorized to direct the Department to remedy the situation (Education Law section 6506[7]).

Background Information

Clinical laboratory technology licensees Marlene Catherine Nardi and Shari Nayberg and clinical laboratory technician licensee Gloria Esther Cunto applied for licensure pursuant to the grandparenting provisions of Article 165 of the Education Law based upon representations of clinical experience in those professions.  Ms. Nardi was licensed on November 11, 2006, Ms. Nayberg was licensed on November 26, 2006, and Ms. Cunto was licensed on December 14, 2007.  Subsequently it was brought to the attention of the State Education Department that these licensees may not have met the experience requirements of the statute because the clinical experience attested to in their applications did not meet the requirements of Article 165 of the Education Law.  Upon investigation by the State Board for Clinical Laboratory Technology, it was confirmed that these individuals did not meet the qualifications for licensure.  Additionally, it was determined that disciplinary action was not warranted.  These three cases were then referred to the Division of Professional Licensing Services. 

All licensees were given ample opportunity to submit additional qualifying experience or additional information in order to meet the requirements for licensure.  These additional submissions were reviewed by the Board office.  Ultimately, Ms. Nardi and Ms. Nayberg did not submit evidence sufficient to establish that they met the requirements for licensure as clinical laboratory technologists.  Ms. Cunto failed to provide documentation to meet the qualifications for the clinical laboratory technician license.  Ms. Nayberg has subsequently become licensed as a clinical laboratory technician.

Johana Fernandez was licensed as a certified social worker on May 1, 2003, and that license was converted to a licensed master social worker license on September 1, 2004. She was subsequently licensed as a licensed clinical social worker on January 26, 2007.  Ms. Fernandez was granted her licensed clinical social worker license without examination on the basis of experience.  Subsequently, Ms. Fernandez applied to the State Education Department for the psychotherapy privilege, which would qualify her for certain insurance reimbursement.  During its review of her licensure file, the State Board for Social Work determined that Ms. Fernandez had not met the licensure requirements for licensure as a licensed clinical social worker because the experience submitted in support of her application for such license did not meet the requirements of Article 154 of the Education Law. The State Board for Social Work notified Ms. Fernandez of this determination by letter dated April 7, 2008 and offered her the opportunity to submit additional experience documentation or other relevant information to meet the licensure requirements.  Ms. Fernandez was unable to submit enough additional experience to meet the requirements for licensure as a licensed clinical social worker. The matter was then referred to the Division of Professional Licensing Services, which offered her an additional opportunity to provide evidence of additional experience, education or any other information that may bear on her eligibility for licensure.  No such additional information has been received.

On March 30, 2009, Rong Rong Amy Jiang was issued a certified public accountancy license due to a clerical error involving the incorrect forms.  She was offered the opportunity to submit additional experience documentation or other relevant evidence to meet the licensure requirements.  Ms. Jiang did not provide additional information in support of her licensure application; rather, she returned the license parchment and registration certificate that had been issued to her.

Recommendation

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

VOTED: That the State Education Department is directed to rescind the licenses of the licensees identified in Attachment 1 to this item, effective immediately.

Timetable for Implementation

Upon receipt of direction from the Board of Regents, the Division of Professional Licensing Services will rescind the referenced licenses forthwith.

Licensees Recommended for Annulment

Marlene Catherine Nardi 

Clinical Laboratory Technologist License #001988

Shari Nayberg

Clinical Laboratory Technologist License #003122

Gloria Esther Cunto

Clinical Laboratory Technician License #001806

Johana Fernandez

Licensed Clinical Social Worker License #073450

Rong Rong Amy Jiang

Certified Public Accountancy License #099503