Meeting of the Board of Regents | February 2009
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
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FROM: |
Frank Muñoz |
SUBJECT: |
Report of the Committee on the Professions Regarding Licensing Petitions |
DATE: |
January 23, 2009
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STRATEGIC GOAL: |
Goal 3
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AUTHORIZATION(S): |
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Summary
Issue for Decision (Consent Agenda)
Should the Regents approve the recommendations of the Committee on the Professions pertaining to licensing petitions as listed on the attachment?
Proposed Handling
This question will come before the Professional Practice Committee at its February 2009 meeting where it will be voted on and action taken. It will then come before the full Board at its February 2009 meeting for final action.
Procedural History
Section 6506(5) of the Education Law and Section 24.7 of the Rules of the Board of Regents authorize the Regents to waive education, experience and examination requirements for a professional license as well as to confer the degree Doctor of Medicine.
Background Information
There are 8 licensing petitions and 14 requests for the conferral of the degree Doctor of Medicine for review and approval.
Recommendation
It is recommended that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
Timetable for Implementation
Approval of the Committee on the Professions’ recommendations will be effective February 10, 2009.
Cases Presented to Board of Regents on: February 10, 2009 SUMMARY REPORT
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PROFESSION
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EDUCATION |
EXAMINATION |
Experience |
Confer Degree Doctor of Medicine |
Three-Year Limited License |
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Pre-Professional |
Professional |
Post-Graduate |
Proficiency |
Licensing |
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Certified Public Accountancy |
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09-01-07 To 09-04-07
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Dentistry |
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09-01-59
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Medicine |
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09-08-60* |
09-08-60* |
09-08-60* |
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09-01-60C to 09-14-60C |
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Veterinary Medicine |
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09-01-75 09-02-75 |
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OTHER: *Endorsement of Israeli medical license.
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Total for fiscal year to date: 243
Total for calendar year to date: 45 |
Board of Regents: February 10, 2009
CERTIFIED PUBLIC ACCOUNTANCY
09-01-07
Kara Lynch
Brooklyn, New York 11234
(Bentley College, Waltham, Massachusetts, Bachelor of Science in Accountancy, May 2004)
Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy (CPA) Examination.
Statement of Problem: Kara Lynch, an applicant for licensure as a certified public accountant, passed all four parts of the Uniform CPA Examination; however, she exceeded the 18-month conditioning requirement.
Ms. Lynch originally received conditional credit for passing the Business Environment and Concepts (BEC) section of the Examination in July 2005. She needed to pass the remaining sections of the Examination by March 31, 2007 to retain credit for BEC. She passed the Regulation (REG) and Auditing and Attestation (AUD) sections in the October/November 2006 testing window. She sat for but did not pass the Financial Accounting and Reporting (FAR) section in January 2007 and, therefore, lost credit for BEC. She then had until June 30, 2008 to pass the BEC and FAR sections to retain credit for AUD and REG. She sat for but failed BEC on May 19, 2008. She sat for and passed FAR on May 30, 2008. She then scheduled and passed BEC in the next available testing window on August 30, 2008, two months after she lost credit for REG and AUD.
Ms. Lynch reported that her ability to sit for the BEC section at her May 19, 2008 sitting was compromised by a medical condition. Ms. Lynch provided documentation from her doctor that she was diagnosed with a medical condition on May 6 which could affect her ability to read. The Board reports that they sought a second opinion with a nurse regarding the length of recovery for this particular medical condition and were given a two- to three-week timeframe.
Based on Ms. Lynch’s unique personal situation described above, the Executive Secretary of the State Board for Public Accountancy supports her petition to waive the 18-month requirement to pass all four parts of the Uniform CPA Examination.
APPLICABLE REQUIREMENTS: |
QUALIFICATIONS: |
Section 7404 of Education Law and Part 70 of the Commissioner’s Regulations require: |
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(1) A bachelor’s or higher degree based on a program in accountancy. |
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(2) Passing scores on the Uniform CPA Examination. |
(2) (a) August 2005: Business Environment and Concepts (passing score).
(b) October/November 2006: Regulation and Auditing and Attestation (passing scores). (c) January 2007: Financial Accounting and Reporting (failing score). (d) May 2008: Financial Accounting and Reporting (passing score); Business Environment and Concepts (failing score). (e) August 2008: Business Environment and Concepts (passing score). |
(3) One year of satisfactory experience. |
(3) |
RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicant’s petition for acceptance of passing grades on the Uniform CPA Examination be accepted.
Board of Regents: February 10, 2009
CERTIFIED PUBLIC ACCOUNTANCY
09-02-07
Richard McGinnis
London, UK
Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy (CPA) Examination.
Statement of Problem: Mr. McGinnis sat for the Uniform CPA Examination in Massachusetts in November 1983, November 1984 and May 1985 and was exempted from the Law subtest based on passing the Bar Examination. Commissioner’s Regulations require passing each of the four sections of the Uniform CPA Examination. Mr. McGinnis passed the Accounting and Reporting (ARE) and Financial Accounting and Reporting (FAR) sections of the Examination in November 1983. He then passed the Auditing (AUD) section of the Examination in May 1985. Mr. McGinnis was licensed as a Certified Public Accountant in Massachusetts in 1986 and is currently licensed in that State with no disciplinary actions against him.
Mr. McGinnis asks that his passing scores on ARE, FARE, and AUD and his exemption from the Law section be accepted to satisfy the examination requirement for licensure in New York State. Based on his unique circumstances, the Executive Secretary of the State Board for Public Accountancy supports his petition.
APPLICABLE REQUIREMENTS: |
QUALIFICATIONS: |
Section 7404 of Education Law and Part 70 of the Commissioner’s Regulations require: |
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(1) A bachelor’s or higher degree based on a program in accountancy. |
(1) 15 years experience route. |
(2) Passing scores on the Uniform CPA Examination. |
(2) (a) November 1983: Accounting and Reporting and Financial Accounting and Reporting (passing scores). (b) November 1984: Auditing (failing score). (c) May 1985: Auditing (passing score). (d) Law (waived) |
(3) Two years of satisfactory experience. |
(3) |
RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicant’s petition for acceptance of passing grades on the Uniform CPA Examination be accepted.
Board of Regents: February 10, 2009
CERTIFIED PUBLIC ACCOUNTANCY
09-03-07
Allison Meybohn
Farmingdale, New Jersey
(The Pennsylvania State University, University Park, Pennsylvania, Bachelor of Science in Accounting and International Business, May 2002)
Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy (CPA) Examination.
Statement of Problem: Commissioner's Regulations required that Ms. Meybohn pass all parts of the Uniform CPA Examination within 36 months. She passed all four parts of the examination as a candidate in New Jersey under requirements that were different than the conditioning requirements in New York.
The national Uniform CPA Examination transitioned from a paper-based format to a computer-based format in 2004. At the point of transition, New York awarded conditional credit for sections passed under the paper and pencil format for a three-year period from the month in which the paper-based section was passed. Ms. Meybohn passed the Auditing (AUD) and Business Law/Professional Responsibility (LPR) sections under the paper and pencil format in November 2002. Under New York’s requirements at that time, she needed to pass the two remaining sections by the end of November 2005 to retain credit for AUD and LPR. New Jersey’s regulations allowed individuals who passed paper-based sections in May 2002 to retain credit for those sections until April 2008. Ms. Meybohn passed the computer-based Financial Accounting and Reporting (FAR) in November 2003. Subsequently, she passed Regulation (REG) in November 2006, within New Jersey’s conditioning period, but one year outside New York’s conditioning requirement.
The Executive Secretary of the State Board for Public Accountancy supports Ms. Meybohn’s request to waive the 36-month requirement to pass all four parts of the Uniform CPA Examination.
APPLICABLE REQUIREMENTS: |
QUALIFICATIONS: |
Section 7404 of Education Law and Part 70 of the Commissioner’s Regulations require: |
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(1) A bachelor’s or higher degree based on a program in accountancy. |
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(2) Passing scores on the Uniform CPA Examination. |
(2) (a) November 2002: Auditing; Business Law/Professional Responsibility (passing scores); Accounting and Reporting; Financial Accounting and Reporting (failing scores). (b)May 2003: Accounting and Reporting; Financial Accounting and Reporting (failing scores). (c) November 2003: Accounting and Reporting (failing score); Financial Accounting and Reporting (passing score). (d) July 2004: Accounting and Reporting (failing score). (e) July 2006: Accounting and Reporting (failing score). (f) November 2006: Accounting and Reporting (passing score). |
(3) Two years of satisfactory experience. |
(3) |
RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicant’s petition for acceptance of passing grades on the Uniform CPA Examination be accepted.
Board of Regents: February 10, 2009
CERTIFIED PUBLIC ACCOUNTANCY
09-04-07
Alisa Mitchell
New York, New Yoek
(University of Arizona, Tucson, Arizona, Bachelor of Science in Business Administration, August 2000)
Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy (CPA) Examination.
Statement of Problem: Commissioner's Regulations require that an applicant pass all parts of the Uniform CPA Examination within 18 months. Alisa Mitchell passed all four parts of the examination as a candidate in California under requirements that are different than the conditioning requirements in New York.
Ms. Mitchell passed the Auditing (AUD) section of the computer-based exam in May 2004. When the exam transitioned to a computer-based exam in 2004, California allowed candidates who had passed their first section between April 2004 and October 2004 to retain credit for that section for 24 months. However, New York allowed such applicants only 18 months to pass the remaining 3 sections. Ms. Mitchell passed the remaining three sections as follows: Regulation (REG) in February 2005; Business Law/Professional Responsibility (BEC) in April 2005; and Financial Accounting and Reporting (FAR) in February 2006, all within California’s 24-month conditioning period, but two months outside New York’s conditioning period of 18 months.
The Executive Secretary of the State Board for Public Accountancy supports Ms. Mitchell’s request to waive the 18-month requirement to pass all four parts of the Uniform CPA Examination.
APPLICABLE REQUIREMENTS: |
QUALIFICATIONS: |
Section 7404 of Education Law and Part 70 of the Commissioner’s Regulations require: |
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(1) A bachelor’s or higher degree based on a program in accountancy. |
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(2) Passing scores on the Uniform CPA Examination. |
(2) (a) May 2004: Auditing (passing score). (b)August 2004: Business Law/Professional Responsibility (failing score). (c) October 2004: Regulation (failing score). (d) November 2004: Financial Accounting and Reporting (failing score). (e) February 2005: Regulation (passing score). (f) April 2005: Business Law/Professional Responsibility (passing score.) (g) October 2005: Financial Accounting and Reporting (failing score). (f) February 2006: Financial Accounting and Reporting (passing score). |
(3) Two years of satisfactory experience. |
(3). |
RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Public Accountancy, recommends that the applicant’s petition for acceptance of passing grades on the Uniform CPA Examination be accepted.
Board of Regents: February 10, 2009
THREE YEAR LIMITED LICENSE IN DENTISTRY
Petition for: Three-year limited license to practice Dentistry under Section 6604(6) of the Education Law.
Statement of Problem: The applicant listed below has satisfied the education and examination requirements for licensure as a dentist in New York State. The only requirement for full licensure that cannot be satisfied at this time is United States citizenship or immigration status as an alien lawfully admitted for permanent residence in the United States.
The applicant has an opportunity to practice dentistry in an area which has been designated a Federal Dental Health Professions Shortage Area and requests a three-year waiver of the citizenship requirement under Section 6604(6) of the Education Law. Each applicant must sign an affidavit stating the exact location of the shortage area where she will practice before the three-year limited license will be issued.
Applicable Guidelines: Section 6604(6) of Education Law relates to the requirement of United States citizenship or permanent resident status for licensure as a dentist in New York State and allows the Board of Regents to grant a one-time, three-year waiver of this requirement for an alien dentist to practice in New York State if all other licensure requirements are satisfied and to grant an additional extension not to exceed six years to enable the alien to secure citizenship or permanent resident status, provided such status is being actively pursued.
NAME OF PETITIONER |
09-01-59 Erica Mills New York, NY 10033 |
ACTION: The Department shall issue a three-year limited license to each applicant to practice dentistry in New York State in a Federal Dental Health Professions Shortage Area upon approval by the Department of all documentation needed to verify satisfaction of all dentistry licensure requirements other than citizenship and an acceptable Affidavit of Agreement on the applicant’s location of employment. The limited license may be renewed upon the lawful submission of an application for an extension of not more than six years, at the discretion of the Department.
Board of Regents: February 10, 2009
VETERINARY MEDICINE
09-01-75
Jeffrey Klausner
New York, NY 10022
(University of Georgia, Athens, GA, D.V.M., 1972)
Petition for: Waiver of New York State requirements pertaining to acceptability of licensing examinations for licensure by endorsement.
Statement of Problem: Dr. Klausner graduated from an accredited college of veterinary medicine in 1972 and took the National Board (NBE) examination in that year. Dr. Klausner has not taken the Clinical Competency Test (CCT), which was offered only from 1979 to 2000. For New York State licensure, applicants who passed the NBE must also take the CCT. Both the NBE and the CCT have been replaced by the North American Veterinary Licensing Examination (NAVLE).
Dr. Klausner was licensed in Minnesota based on the NBE and has documented more than 25 years of licensed practice.
In view of Dr. Klausner’s documentation of more than 25 years of practice as evidence of clinical competence, the Executive Secretary of the State Board for Veterinary Medicine recommends that the CCT examination requirement be waived and that the applicant’s license be accepted for endorsement in New York State.
APPLICABLE REQUIREMENTS: |
QUALIFICATIONS: |
Section 6704 of the Education Law and Section 59.6 and Part 62 of the Regulations of the Commissioner of Education require: |
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(1) Completion of six years of preprofessional and professional postsecondary studies satisfactory to the department and graduation with a satisfactory degree in veterinary medicine. |
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(2) Acceptable scores on satisfactory licensing examinations or passing scores on an acceptable state licensing examination not in use in New York State and at least two years of satisfactory professional experience following licensure. |
(2)(a) Passing score on May 1972 NBE examination; did not take the CCT.
(2)(b) Licensed as a veterinarian in Minnesota, July 1974.
(2)(c) More than 25 years of satisfactory professional experience following licensure. |
(3) United States citizenship or immigration status as an alien lawfully admitted for permanent resident status in the United States. |
(3) United States citizen. |
(4) Evidence of good moral character. |
(4) Good moral character. |
RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Veterinary Medicine, recommends waiver of the CCT examination requirement and endorsement of the applicant's Georgia license.
Board of Regents: February 10, 2009
VETERINARY MEDICINE
09-02-75
Walton Douglas McTyier
Ticonderoga, NY 12883
(Gregorio Araneta University Foundation, Malabon City, Philippines, Doctor of Veterinary Medicine, 1980)
Petition for: Waiver of New York State requirements pertaining to acceptability of licensing examinations for licensure.
Statement of Problem: Dr. McTyier was licensed in Pennsylvania in 1981 on the basis of acceptable scores on the National Board Examination (NBE) and the Clinical Competency Test (CCT). Since Pennsylvania’s records were destroyed by fire, his actual 1980 NBE and CCT scores are not now reportable. The American Association of Veterinary State Boards reports that based on the recorded mean and standard deviation for his examination, the passing scores in Pennsylvania and New York would have been the same. However, neither Pennsylvania nor the examination administrator can document the actual scores he obtained. Dr. McTypier remained licensed in Pennsylvania until 2006. He reports “duties as a Federal Public Health Veterinarian for the last several years.”
Based on Dr. McTyier’s qualifications and licensure in Pennsylvania, the State Board for Veterinary Medicine recommends that the licensing examination requirement be considered satisfied.
APPLICABLE REQUIREMENTS: |
QUALIFICATIONS: |
Section 6704 of the Education Law and Part 62 of the Regulations of the Commissioner of Education: |
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(1) Completion of six years of preprofessional and professional postsecondary studies satisfactory to the department, including satisfactory clinical education, and graduation with a satisfactory degree in veterinary medicine. |
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(2) Acceptable scores on satisfactory licensing examinations |
(2) See Statement of Problem.
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(3) United States citizenship or immigration status as an alien lawfully admitted for permanent resident status in the United States. |
(3) United States citizen. |
(4) Evidence of good moral character. |
(4) Good moral character. |
RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Veterinary Medicine, recommends that the licensing examination requirement be considered satisfied.
Board of Regents: February 10, 2009
MEDICINE
09-08-60
Zulma Tovar Spinoza
Syracuse, New York 13224
(Universidad de Los Andes, Bogota, Colombia, Physician Surgeon, July 1993)
Petition for: Satisfaction of the postgraduate hospital training requirement, proficiency examination requirement and endorsement of her medical license from Israel.
Statement of Problem: Commissioner’s Regulations allow for endorsement of an applicant’s license from another jurisdiction if appropriate requirements are met, and if the applicant has not failed any part of New York State’s licensing examination. A license granted in a country outside the United States can be endorsed if licensure in that country is regulated by an organization designated as responsible for quality assurance and acceptable to the Board of Regents. Additionally, the applicant must satisfactorily demonstrate completion of an acceptable proficiency examination, clinical competency examination, three years of ACGME-accredited postgraduate training or the equivalent, and five years of satisfactory professional experience.
Dr. Tovar Spinoza has passed USMLE Step 1, the first component of the New York State licensing examination. The Executive Secretary of the State Board for Medicine has reviewed the documentation submitted in support of Dr. Tovar Spinoza’s application. He recommends that her postgraduate training in surgery/trauma and neurosurgery in Venezuela and Israel be accepted as the substantial equivalent of the required three years of ACGME-accredited postgraduate training. Commissioner’s Regulations allow the Board of Regents to accept appropriate foreign medical licenses and diplomate certificates to fulfill the licensure and proficiency examination requirements as well as the clinical competency requirements for endorsement. Dr. Tovar Spinoza has been licensed in Venezuela since 1994 and in Israel since March 2003. Her licenses are active and in good standing. Additionally, the applicant earned a Specialist Certificate in Neurosurgery from the Ministry of Health in August 2005. Subsequent to receipt of the Specialist Certificate from Israel, Dr. Spinoza completed fellowships in Pediatric Neurosurgery and Pediatric Epilepsy at the University of Toronto, Hospital for Sick Children. The Executive Secretary of the State Board for Medicine recommends that her specialty certificate be accepted to fulfill the proficiency examination requirement as well as the clinical competency requirements for endorsement. This recommendation is made in view of the fact that the Israeli specialty examination tests both cognitive (proficiency) and clinical competence.
APPLICABLE REQUIREMENTS:
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QUALIFICATIONS: |
Sections 60.1 and 60.5 of the Commissioner’s Regulations require: |
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(1) Six years of postsecondary education, including at least 32 months of medical education. |
(1) Univerisdad de Los Andes, Bogota, Colombia, Physician Surgeon, July 1993. |
(2) Proficiency examination. |
(2) Specialist Certificate in Neurosurgery, Ministry of Health, Israel, August 2005. |
(3) Three years of approved postgraduate hospital training. |
(3)(a) Residency in surgery and trauma from December 1994 to December 1995 at Hospital General of Venezuelan Social Security “Patrocinio Penuela Ruiz,” San Cristobal, Venezuela. (3)(b) Residency in neurosurgery from January 1997 to April 2005. |
(4) Appropriate medical license or certificate. |
(4) Medical license, Ministry of Health, Jerusalem, Israel, March 2003. |
(5) Acceptable scores on a clinical competency examination acceptable to the Department. |
(5) Specialist Certificate in Neurosurgery, Ministry of Health, Israel, August 2005. |
(6) Not less than five years of satisfactory professional experience. |
(6) Five years of satisfactory professional experience, October 2002 to April 2005 and January 2006 to June 2008. |
(7) United States citizen or alien lawfully admitted for permanent resident status in the United States. |
(7) |
(8) Evidence of good moral character. |
(8) Good moral character. |
(9) Evidence of the required course in the identification and reporting of child abuse and maltreatment. |
(9) Completed the required course in the identification and reporting of child abuse and maltreatment. |
RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Medicine, recommends that the applicant’s proficiency examination and postgraduate hospital training requirements be considered satisfied and that she has fulfilled the licensure and clinical competency requirements for endorsement.
Board of Regents: February 10, 2009
MEDICINE
Petition for: Conferral of the degree Doctor of Medicine (M.D.) pursuant to Section 6529 of the Education Law.
Summary Statement: The petitioners listed below are all graduates of foreign medical schools who have been licensed in New York.
The applicable requirements of Section 3.57 of the Rules of the Board of Regents require completion of a medical education program in a foreign medical school satisfactory to the Department which does not grant the degree Doctor of Medicine (M.D.), and in which the philosophy and curriculum were equivalent, as determined by the Department in accordance with the policy of the Board of Regents, to those in programs leading to the degree Doctor of Medicine (M.D.) at medical schools in the United States satisfactory to, or registered by, the Board of Regents and the Department. Secondly, petitioners must have licensure to practice medicine in New York State in accordance with provisions of Section 6524 or 6528 of the Education Law or their equivalent as determined by the Board of Regents pursuant to their authority under Section 6506 of the Education Law.
NAME OF PETITIONER |
QUALIFICATIONS |
09-01-60C Almas Abbasi Deer Park, NY 11729
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09-02-60C Prasanta Basak New Rochelle, NY 10801 |
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09-03-60C Joanna Chikwe New York, NY 10024 |
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09-04-60C Patrick Hayes Corpus Christie, TX 78411 |
(1) Autonomous University of Guadalajara, Guadalajara, Mexico, Physician and Surgeon, 6/14/02. (2) License #245444, issued on 8/1/07. |
09-05-60C Runhua Hou Rochester, NY 14642 |
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09-06-60C Kyaw Htun Warwick, NY 10990 |
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09-07-60C Sudha Kumar Saratoga Springs, NY 12866 |
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09-08-60C Benedict Maliakkal Rochester, NY 14642
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09-09-60C Naga Pallakhandam Syracuse, NY 13210
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09-10-60C Asif Rashid Danbury, CT 06810 |
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09-11-60C Childbert St. Louis Suffern, NY 10901 |
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09-12-60C A. Teitz Teaneck, NJ 07666 |
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09-13-60C John Wall Glendale, WI 53217 |
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09-14-60C Mehjabin Zahir Oakland Gardens, NY 11364 |
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RECOMMENDATION: The Committee on the Professions, in concurrence with the State Board for Medicine, recommends that the petitioners be awarded the degree Doctor of Medicine (M.D.) in accordance with provisions of Section 6529 of the Education Law.