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Report of Regents Professional Practice Committee to The Board of Regents

Regents Committee on Professional Practice 
Regent Norwood, Co-Chair, Regent Cottrell, Co-Chair, Vice Chancellor Finn, Regent Cea, Regent Collins, Regent Wills, Regent Catania, and Regent Hale. 

The Professional Practice Committee held its scheduled meeting on January 9, 2024.  All members were present except for Vice Chancellor Josephine Victoria Finn and Regent Catherine Collins, who were excused. Chancellor Lester W. Young, Regent Luis O. Reyes, Regent Roger Tilles, Regent Judith J. Chin, 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; 5]

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 four cases. In addition, the Committee recommends, upon the recommendation of the Committee on the Professions, that 29 consent order applications and 17 surrender applications be granted, and further recommends that 1 summary suspension application be granted.

These recommendations are made following the review of 51 cases involving seventeen registered professional nurses, nine licensed practical nurses, seven certified public accountants, two dentists, two veterinarians, one CPA professional service corporation, one dental hygienist, one licensed master social worker who is also a licensed clinical social worker, one licensed practical nurse who is also a registered professional nurse, one massage therapist, one pharmacy, one psychologist, one registered professional nurse who is also certified as a nurse practitioner in Adult Health, one veterinary technician who is also a veterinarian, and one veterinary technician.

Restoration [PPC EXS (A) 4]

The Committee recommends that the application of Mellissa Thompson for the restoration of her license to practice as a Registered Professional Nurse in New York State be denied.

Proposed Amendment to Section 29.2 of the Rules of the Board of Regents and Addition of Subpart 79-21 to the Regulations of the Commissioner of Education Relating to General Misconduct Provisions for the Health Professions and Requirements for Histotechnologist Licensure [PPC (A) - 1 REVISED (1/8/2024)] – Department staff presented for emergency action proposed amendments to the Regents Rules and the Commissioner’s regulations to conform them to Chapter 446 of the Laws of 2022, which effective January 21, 2024, establishes the new clinical laboratory technology profession of histotechnologist and establishes the licensure requirements for it. The proposed amendments also add the histotechnologist and other clinical laboratory professions to the list of health professionals subject to the general misconduct provisions in 29.2.

The Committee recommends that section 29.2 of the Rules of the Board of Regents be amended, as submitted, and subpart 79-21 of the Regulations of the Commissioner of Education be added, as submitted, effective January 21, 2024, 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 section 10 of Chapter 446 of the Laws of 2022, effective January 21, 2024, and to immediately clarify that clinical laboratory technology professions are subject to the general misconduct provisions for health professions.

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 January 9, 2024, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Repeal of Sections 52.38, 52.39, 52.40, and 52.41 and Addition of New Sections 52.38, 52.39, 52.40, 52.41 and 52.42 to the Regulations of the Commissioner of Education Relating to the Requirements for Registration of Curricula of Licensure Qualifying Education Programs for the Professions of Clinical Laboratory Technologist, Cytotechnologist, Clinical Laboratory Technician, Histotechnician and Histotechnologist [PPC (D) 1] – Department staff presented proposed amendments to the Commissioner’s regulations to conform them to Chapter 446 of the Laws of 2022 by establishing the requirements for the registration of curricula that are aligned to the multiple pathways that lead to licensure in the clinical laboratory professions. 

Update on Progress for the Office of the Professions (OP) Modernization Program, the Multi-Year, Multi-Project Program to Modernize All Licensing and Renewal Activity for Title VIII Professionals in New York State – Department staff presented a comprehensive overview to the Regents, highlighting the current progress of the OP Modernization Program. The presentation will delve into how the new system is strategically designed to enhance the licensure process and renewal activities for professionals across more than 50 professions in New York State.

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

Associated Agenda Item

Meeting Date: 
Tuesday, January 9, 2024 - 9:25am