Committee Report | September 2012

Report of

REGENTS PROFESSIONAL PRACTICE COMMITTEE

to

The Board of Regents

September 11, 2012

Your Professional Practice Committee held its scheduled meeting on September 10, 2012.  All members were present, except for Regent Wade S. Norwood, who was excused.  Chancellor Merryl H. Tisch, Regent James C. Dawson 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 52 consent order applications and 11 surrender applications be granted.  [PPC EXS (A) 1-3]

These recommendations are made following the review of 67 cases involving sixteen registered professional nurses, eleven licensed practical nurses, eight licensed practical nurses who are also registered professional nurses, six certified public accountants, four pharmacies, four pharmacists, three dentists, one architect, one chiropractor, one licensed practical nurse who is also a registered professional nurse and a nurse practitioner, one massage therapist, and one podiatrist.

Restorations

Your Committee recommends the following:

That the application of Marlene Gerard for the restoration of her license to practice as licensed practical nurse in New York State be denied.  [PPC EXS (A) 4]

Approvals

Your Committee recommends approval of the following:

Regulations Relating to Occupational Therapy [PPC (A) 1] –That section 76.4 of the Regulations of the Commissioner of Education be amended; that sections 76.5 and 76.6 be repealed and section 76.7 be renumbered as section 76.5; and that new sections 76.6, 76.7, 76.8 and 76.9 be added, all as submitted, effective September 26, 2012, and further

That section 76.4 of the Regulations of the Commissioner of Education be amended; that sections 76.5 and 76.6 be repealed and section 76.7 be renumbered as section 76.5; and that new sections 76.6, 76.7, 76.8 and 76.9 be added, all as submitted, effective September 11, 2012, as an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, April and June Regents meetings remains continuously in effect until the effective date of the permanent rule, and to revise such emergency rule to conform to changes added by the permanent rule .

Regulations Relating to Physical Therapy Education [PPC (A) 2] –  That section 77.1 of the Regulations of the Commissioner of Education be amended and that sections 52.41 and 77.11 of the Regulations of the Commissioner of Education be added, all as submitted, effective October 3, 2012.

Regulations Relating to Immunizations Performed by Pharmacists [PPC (A) 3] – That paragraphs (1) and (2) of subdivision (b) of section 63.9 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 16, 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 to immediately conform the Regulations of the Commissioner to timely implement the requirements of Chapter 116 of the Laws of 2012, which authorizes qualified pharmacists to administer acute herpes zoster immunizations, effective October 16, 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 September 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 [Oral] – The Deputy Commissioner reported on the following issues:

• Full Board Consent Agenda Items
• Board (Re)Appointments [BR (CA) 10]
• Licensing Petitions and Conferral of Degrees [BR (CA) 11]
• Regents Authorization – authorizes the College of Staten Island (CUNY) to award the degree of Doctor of Physical Therapy (D.P.T.) on duly qualified students successfully completing registered D.P.T. programs [BR (CA) 12]
• Master Plan Amendment – authorizes the Rochester Campus of Medaille College to offer the Associate in Applied Science (A.A.S.) degree in Veterinary Technology [BR (CA) 13]
• Master Plan Amendment – authorizes the College of Staten Island (CUNY) to offer its first doctoral program in the health professions discipline, a Doctor of Physical Therapy (D.P.T.) [BR (CA) 14]
• Technology Update
• Staffing/Productivity Update
• Legislative Update
• Updates on OP Initiatives
• • Update on report to the Legislature regarding the licensure of individuals providing certain mental health services

Report out of the Regents Advisory Workgroup on Healthcare [PPC (D) 1] – Discussion of the activities of the Healthcare Reform Work Group, including work involving other agencies and entities.

Short-Term Clinical Clerkships [PPC (D) 2] – Discussion of the standards relating to participation in, and admission to, New York State medical clinical clerkships for time periods of less than twelve weeks.

September 11, 2012