Committee Report | January 2012

Your Professional Practice Committee held its scheduled meeting on January 9, 2012.   All Committee members were present.  Chancellor Merryl H. Tisch, Regent James C. Dawson and Regent James R. Tallon were also present, but did not vote on any case or action.  Regent Geraldine Chapey was not present to vote on the CPA Regulations [PPC (A) 1]. 

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 3 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 24 consent order applications and 2 surrender applications be granted.  [PPC (EXS) 1-3]

In the case of Shreekant Mauskar, Dentist, Calendar No. 25429, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be clarified and that respondent’s two year period of probation shall commence both subsequent to respondent serving the first six months of the period of suspension (the period of actual suspension of licensure) and upon respondent’s actual return to practice as a dentist in the State of New York, as to which respondent shall inform the New York State Education Department as specified by the Regents Review Committee, and such penalty be accepted in all other respects.

In the case of Jason Kelsey MacLaughlin, Optometrist, Calendar No. 25706, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be clarified and that respondent’s two year period of probation shall commence both subsequent to respondent serving the first two months of the period of suspension (the period of actual suspension of licensure) and upon respondent’s actual return to practice as an optometrist in the State of New York, as to which respondent shall inform the New York State Education Department as specified by the Regents Review Committee, and such penalty be accepted in all other respects.

These recommendations are made following the review of 29 cases involving seven licensed practical nurses, five dentists, four registered professional nurses, two certified public accountants, one chiropractor, one licensed clinical social worker, one licensed practical nurse who is also a registered professional nurse, one optometrist, one pharmacist, one physical therapist, one professional engineer, one psychologist, one respiratory therapist, and one veterinarian.

Restorations

Your Committee recommends the following:

That the Board of Regents deny the application of Amir Borzouye for restoration of his license to practice as a physician in the State of New York.  [PPC (EXS) 4]

That the Board of Regents deny the application of Joseph S. Reisman for restoration of his license to practice as a certified public accountant in the State of New York.  [PPC (EXS) 5].

That the Board of Regents grant the application for restoration of Dr. Itai Rozovsky’s license to practice as a physician in the State of New York, that his license be restored and that he be placed on probation for two years under the terms of probation attached to the Report of the Committee on the Professions.  [PPC (EXS) 6]

Approvals

Your Committee recommends approval of the following items:

Regulations Relating to Public Accountancy [PPC (A) 1] – That subdivision (h) of section 29.10 of the Rules of the Board of Regents be repealed and a new subdivision (h) be added, that section 70.7 of the Regulations of the Commissioner of Education be repealed and a new section 70.7 be added, and that subdivision (a) and paragraph (2) of subdivision (d) of section 70.8 of the Regulations of the Commissioner of Education be amended, as submitted, effective January 15,2012 as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public safety and general welfare in order to maintain in effect the rules and regulations implementing chapter 456 of the Laws of 2011, which became effective on November 15, 2011, during the required public comment period relating to revisions made to the regulations previously adopted.

Healthcare Reform Initiatives [PPC (A) 2] – That the Board of Regents approve the establishment of a Regents Advisory Workgroup on Healthcare to be constituted and to operate as described in the January 6, 2012 memo from Douglas E. Lentivech to the Professional Practice Committee [PPC (A) 2].

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 January 10, 2012, 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 –

1. Technology Update
2. Staffing/Productivity Update
3. Updates on OP Initiatives
4. Full Board Consent Agenda Items:
5. Licensing Petitions and Conferral of Degrees
6. Board (Re)Appointments
7. RRC Appointments  (Frank Muñoz and Michael Lozman)
8. Physician Shortage Areas Designation Changes
9. Authorization of Samford University’s Ida V. Moffett School of Nursing to use 5 clinical agencies in New York for clinical education of students enrolled in its Family Nurse Practitioner programs leading to either the M.S.N. or D.N.P. degree.

Regulations Relating to Corporate Practice Waivers for 4410 Schools and Early Intervention Agencies [PPC (D) 1] – Regulations will implement a 2011 law relating to the issuance of waivers to permit preschool special education providers and early intervention agencies to provide certain professional services.