Report of Regents Professional Practice Committee to The Board of Regents

our Professional Practice Committee held its scheduled meeting on September 16, 2014. All committee members were present, except Regent James E. Cottrell, who was excused. Regent James C. Dawson, Regent Kathleen M. Cashin, Regent Josephine Victoria Finn and Regent James R. Tallon, Jr. 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 five cases and be clarified in three of those cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 48 consent order applications and 24 surrender applications be granted. [PPC EXS (A) 1-3]

In the case of Kimberly A. Young, Licensed Practical Nurse, Cal. No. 27066, the recommendation of the Regents Review Committee as to the penalty be accepted based upon the merits as to the appropriate penalty in this matter without adopting a per se rule that a minimum three month suspension from practice be imposed in all cases of medication diversion.

In the case of Erin A. Marra, Licensed Practical Nurse, Cal. No. 27272, the recommendation of the Regents Review Committee as to the penalty be accepted based upon the merits as to the appropriate penalty in this matter without adopting a per se rule that a minimum three month suspension from practice be imposed in all cases of medication diversion.

In the case of Debra Lynn Mattoon, Licensed Practical Nurse, Cal No. 27313, the recommendation of the Regents Review Committee as to the penalty be accepted based upon the merits as to the appropriate penalty in this matter without adopting a per se rule that a minimum three month suspension from practice be imposed in all cases of medication diversion.

These recommendations are made following the review of 77 cases involving twenty registered professional nurses, eighteen licensed practical nurses, six licensed practical nurses who are also registered professional nurses, six veterinarians, five pharmacists, three dental hygienists, two certified public accountants, two dentists, one certified public accountant professional corporation, one clinical laboratory technologist, one dentist who is also a holder of a certificate to administer dental general anesthesia, one licensed master social worker, one massage therapist, one ophthalmic dispenser, one physical therapist, and one speech-language pathologist.

Restorations

Your Committee recommends the following:

That the surrender of Madge Flynn’s license to practice as a licensed clinical social worker in the State of New York be stayed, that she be placed on probation for five years under the terms of probation attached as Exhibit A to the Report of the Committee on the Professions, and that, after successful completion of probation, her license be fully restored. [PPC EXS (A) 5]

That the application of Alexander Sporn for the restoration of his license to practice as a physician in the State of New York be denied. [PPC EXS (A) 6]

Approvals

Regulations Relating to the Registration and Regulation of Outsourcing Facilities – Your Committee recommends the following:

VOTED: That subdivision (a) of section 29.2 and paragraph (17) of subdivision (a) of section 29.7 of the Rules of the Board of Regents and paragraphs (2) and (4) of subdivision (a) and subdivision (c) of section 63.6 and section 63.8 of the Regulations of the Commissioner of Education are amended, as submitted, effective October 1, 2014; it is further

VOTED: That subdivision (a) of section 29.2 and paragraph (17) of subdivision (a) of section 29.7 of the Rules of the Board of Regents and paragraphs (2) and (4) of subdivision (a) and subdivision (c) of section 63.6 and section 63.8 of the Regulations of the Commissioner of Education are amended, as submitted, effective September 22, 2014, 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 wealth to ensure that the emergency rule adopted at the June 2014 Regents meeting to implement the requirements of Part D of Chapter 60 of the Laws of 2014 remains continuously in effect until the proposed amendment is adopted as a permanent rule, so that outsourcing facilities seeking to prepare and/or distribute compounded sterile drugs and products in New York will be on notice of the compliance and registration requirements for such facilities in this State. [PPC (A) 1]

Regulations Relating to the Certification of Clinical Nurse Specialists and Nurse Practitioners – Your Committee recommends the following:

VOTED: That paragraph (3) of subdivision (b) of section 52.12 of the Regulations of the Commissioner of Education is added, subdivision (b) of section 64.4 is amended, paragraph (1) of subdivision (c) of section 64.4 is repealed and paragraphs (2) and (3) of subdivision (c) are renumbered as paragraphs (1) and (2), respectively, subdivision (d) of section 64.4 is repealed and subdivision (e) of section 64.4 is re-lettered as subdivision (d), and section 64.8 is added, as submitted, effective October 1, 2014; and it is further

VOTED: That paragraph (3) of subdivision (b) of section 52.12 of the Regulations of the Commissioner of Education is added, subdivision (b) of section 64.4 is amended, paragraph (1) of subdivision (c) of section 64.4 is repealed and paragraphs (2) and (3) of subdivision (c) are renumbered as paragraphs (1) and (2), respectively, subdivision (d) of section 64.4 is repealed and subdivision (e) of section 64.4 is re-lettered as subdivision (d), and section 64.8 is added, as submitted, effective September 27, 2014, 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 364 of the Laws of 2013. [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 September 16, 2014, 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 Report] –

• Full Board Consent Agenda Items
  • Board (Re)Appointments
  • Licensing Petitions and Conferral of Degrees
  • Master Plan Amendment – SUC Plattsburgh Queensbury (Nursing Program)
  • Permission to Operate – George Washington University
  • Permission to Operate Renewal – Yale University
  • Regents Authorization – CUNY Graduate School (MPH degree)
• Updates on OP Initiatives
  • Technology Update
  • Legislation
  • Staffing/Productivity Update

Regulations Relating to the Practice of Dental Hygiene Pursuant to Collaborative Arrangements[PPC (D) 1] – The proposed rule would allow dental hygienists working for hospitals, as defined by Article 28 of the Public Health Law, pursuant to a collaborative arrangement with a licensed and registered dentist, who has a formal relationship with the same hospital, to provide dental services that are currently provided under general supervision, without the physical presence of the collaborating dentist during the provision of such services. [PPC (D) 1]

Regulations Relating to the Regulation of Nurse Practitioner Practice [PPC (D) 2] – The proposed rule would establish criteria for authorizing qualified nurse practitioners to practice, pursuant to collaborative relationships, with one or more licensed physicians or a hospital licensed under Article 28 of the Public Health Law, in lieu of practicing in collaboration with a physician in accordance with a written practice agreement and written practice protocols. [PPC (D) 2]

Recognition of Services Provided by Mary Ellen Clerkin – Richard Trautwein, Counsel and Deputy Commissioner for Legal Affairs, Douglas Lentivech, Deputy Commissioner for the Professions, and Vice-Chancellor Bottar offered thanks to Mary Ellen Clerkin for her 16.5 years of service to the State Education Department, the Office of the Professions, the Board of Regents, and as Counsel to the Professional Practice Committee. They also offered her congratulations on her upcoming retirement.