Report of Regents Professional Practice Committee to The Board of Regents

The Professional Practice Committee held its scheduled meeting on September 12, 2023.  All members were present except Regent Wade S. Norwood, Regent Christine D. Cea, Regent James E. Cottrell, Regent Catherine Collins, and Regent Elizabeth S. Hakanson who were excused. Chancellor Lester W. Young, Jr. was also present and voted as an ex-officio member. Regent Susan W. Mittler, and Regent Shino Tanikawa also attended the meeting, but did not vote on any action. 

ACTION ITEMS

Professional Discipline Cases [PCC EXS (A) 1 - 3]

The 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 6 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 24 consent order applications and 14 surrender applications be granted.

These recommendations are made following the review of 44 cases involving fourteen registered professional nurses, eleven licensed practical nurses, two certified public accountants, two pharmacists, one chiropractor, one dentist, one dentist who is also certified to administer dental general anesthesia, one licensed master social worker, one licensed master social worker who is also a licensed clinical social worker, one licensed mental health counselor, one licensed practical nurse who is also a registered professional nurse, one massage therapist, one occupational therapist, one pharmacy, one professional engineer, and one veterinarian.

Restorations [PPC EXS (A) 4]

The Committee recommends that the application of William S. Belfar for the restoration of his license to practice as a Physician in New York State be denied. [PPC EXS (A) 4]

Proposed Amendment to Section 79-13.5 of the Regulations of the Commissioner of Education Relating to Requirements for Restricted Licenses for Clinical Laboratory Technologists in Molecular Testing [PPC (A) 1] - Department staff presented for emergency action proposed amendments to conform the Commissioner’s regulations to Chapter 186 of the Laws of 2023, which effective June 30, 2023, changes the name of two categories of restricted licenses in clinical laboratory technology from “molecular diagnosis” to “molecular testing”; revises the education requirements for applicants for a restricted license in molecular testing, consistent with their expanded scope of practice; and eliminates an outdated education certification requirement. 

The Committee recommends that section 79-13.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 12 ,2023, as an emergency action, upon the finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to timely implement the provisions of Chapter 186 of the Laws of 2023, which became effective June 30, 2023.

The motion passed unanimously.

Proposed Addition of Section 29.20 to the Rules of the Board of Regents and Repeal of Sections 52.44 and 52.45, Repeal and Addition of New Sections 79-17.1, 79-17.2, 79-18.1, 79-18.2, Amendment of Sections 79-17.3, 79-17.5, 79-18.3, and 79-18.5, and Addition of Sections 79-17.6 and 79-18.6 to the Regulations of the Commissioner of Education Relating to the Licensure of Applied Behavior Analysts and Certification of Applied Behavior Analyst Assistants [PPC (A) 2] - Department staff, in response to public comment, presented for discussion and emergency action a revised proposed rule to conform the requirements for licensure and practice as a Licensed Behavior Analyst and certification as a Certified Behavior Analyst Assistant to more closely align New York requirements to national standards while ensuring appropriate preparation for the provision of applied behavior analysis services pursuant to a diagnosis and order from authorized professionals to treat individuals with behavioral health conditions. Sections 79-17.1 and 79-18.1 of the Commissioner’s regulations have been revised to eliminate the internship requirement; and the language has been broadened to more clearly recognize the Verified Course Sequence Process  by: (1) replacing references to “accrediting agency” with “credentialing organization”; and (2) broadening the program approval language to include programs “accredited, recognized, or verified by a credentialing organization acceptable to the department” rather than programs “accredited by an accrediting organization acceptable to the department”. Additionally, sections 79-17.2 and 79-18.2 of the Commissioner’s regulations have been revised to more closely align with national standards as follows: the content requirement has been revised to: (1) remove the reference to specific hourly requirements (or “timekeeping”) for full-time and part-time experience; and (2) to specify that the experience content must meet the requirements of a credentialing organization acceptable to the Department; the supervision requirements have been revised to: (1) remove reference to “face-to-face” supervision; (2) authorize group supervision in addition to individual; and (3) provide that such supervision shall be of a duration and frequency that is either acceptable to the department or a credentialing organization acceptable to the Department; and references to the standards of a “credentialing organization” have been added.

The Committee recommends that section 29.20 of the Rules of the Board of Regents be added, sections 52.44 and 52.45 of the Regulations of the Commissioner of Education be repealed, sections 79-17.1, 79-17.2, 79-18.1, 79-18.2 of the Regulations of the Commissioner of Education be repealed and new sections 79-17.1, 79-17.2, 79-18.1, 79-18.2 of the Regulations of the Commissioner of Education be added, and sections 79-17.3, 79-17.5, 79-18.3, and 79-17.5 of the Regulations of the Commissioner of Education be amended and sections 79-17.6 and 79-18.6 of the Regulations of the Commissioner of Education be added, as submitted, effective September 12, 2023, 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 timely implement the requirements of Chapter 641 of the Laws of 2022, which became effective November 22, 2022 and Chapter 818 of the Laws of 2021, which became  effective June 30, 2023 and to ensure the emergency action taken at the June 2023 meeting remains continuously in effect.

The motion passed unanimously.

MOTION FOR ACTION BY FULL BOARD

The 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 12, 2023, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Deputy Commissioner Sarah Benson reviewed the items on the Consent Agenda.