Committee Report | April 2012

Report of

REGENTS PROFESSIONAL PRACTICE COMMITTEE

to

The Board of Regents

April 23, 2012

Your Professional Practice Committee held its scheduled meeting on April 23, 2012.  All Committee Members were present, except for Regent Anthony S. Bottar, who was excused. Chancellor Merryl H. Tisch and Regent T. Andrew Brown 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. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 23 consent order applications and 4 surrender applications be granted.

These recommendations are made following the review of 31 cases involving eight registered professional nurses, six licensed practical nurses, three dentists, three podiatrists, two certified public accountants, two veterinarians, one licensed practical nurse who is also a registered professional nurse, one pharmacist, one physical therapist, one psychologist, and one registered professional nurse who is also a nurse practitioner.

Restorations

Your Committee recommends that the application of Jimmy Lee Dutton for the restoration of his license to practice as a licensed practical nurse in New York State be denied.  [PPC EXS (A) 4]

Approvals

Your Committee recommends approval of the following items:

Regulations Relating to the Approval of International Medical Schools for Long-Term Clinical Clerkship Placements [PPC (A) 1] – That section 60.10 of the Regulations of the Commissioner of Education be added, as submitted, effective April 24, 2012, as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to enable the Advisory Committee on Long-Term Clinical Clerkships the opportunity to evaluate pending applications by international medical schools to place students in long-term clinical clerkships in New York State in a timely manner.

Regulations Relating to Occupational Therapy  [PPC (A) 2] – That subdivision (b) of section 76.4 of the Regulations of the Commissioner of Education be amended; that section 76.5 be repealed and section 76.7 be renumbered as section 76.5; that section 76.6 be renumbered as section 76.8 and that new sections 76.6, 76.7, and 76.9 be added, all as submitted, effective May 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 health and general welfare in order to ensure that the emergency rule adopted at the February Regents meeting remains continuously in effect until the effective date of proposed regulations to implement Chapter 460 of the Laws of 2011, as published in the March 14, 2012 State Register

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 April 23, 2012, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Deputy Commissioner’s Report/Update [Oral] – The Deputy Commissioner reported on the following issues:

• Full Board Consent Agenda Items
• • Board (Re)Appointments [BR (CA) 5]
  • Licensing Petitions/Conferral of Degrees [BR (CA) 6]
  • Rescission of Professional Licenses Issued in Error [BR (CA) 7]
    
• Updates on OP Initiatives
• • Technology Update
  • Staffing/Productivity Update
  • Status of Corporate Practice Waivers
  • Update on report to the Legislature regarding the licensure of individuals providing certain mental health services

Regulations Relating to Occupational Therapy  [PPC (A) 2] – In conjunction with the emergency action on occupational therapy regulations referenced in the Approvals section above, the Committee discussed additional regulations needed to implement chapter 460 of the Laws of 2011 with regard to the supervision of holders of limited permits in occupational therapy and the supervision of occupational therapy assistants.

Regulations Relating to Electronic Prescriptions and to Electronic Recordkeeping by Pharmacists [PPC (D) 1] – Discussion of amendments relating to electronic prescriptions and electronically maintained records of pharmacists.

Regulations Relating to the Professional Study, Experience Requirements, and Licensing Examination for Licensure of Landscape Architects [PPC (D) 2] – Discussion of amendments to align the New York State requirements for admission to the Landscape Architect Registration Examination with national standards and to clarify the professional study and experience requirements for landscape architecture candidates.

April 24, 2012