Report of Regents Professional Practice Committee to The Board of Regents

Your Professional Practice Committee held its scheduled meeting on March 12, 2018. Regent Josephine Victoria Finn was present for executive session and was excused for the public session portion of the meeting.  Chancellor Betty A. Rosa was also present.

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 5 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 42 consent order applications and 6 surrender applications be granted, and further recommends that 1 summary suspension application be granted, with Regent Josephine Victoria Finn abstaining in such summary suspension case.

In the case of Dennis John Foley, Psychologist, Calendar No. 29848, we recommend that the joint application by both petitioner and respondent in this matter to correct certain errors reflected in the January 23, 2018 determination of the Board of Regents be granted, the Amended Application For Consent Order correcting those errors, which was signed by respondent and his attorney on February 14, 2018, be granted, the January 23, 2018 determination of the Board of Regents and the resulting Vote & Order of the Deputy Commissioner regarding the original Application For Consent Order in this matter each be vacated, and the penalty imposed upon respondent based upon the Amended Application For Consent Order be effective nunc pro tunc on and as of the effective date of the Vote and Order that was issued with respect to the January 23, 2018 determination of the Board of Regents in this matter.

These recommendations are made following the review of 54 cases involving twenty-one registered professional nurses, eleven licensed practical nurses, six licensed practical nurses who are also registered professional nurses, three professional engineers, one chiropractor, one dentist, one licensed marriage and family therapist, one pharmacist, one pharmacy, one psychologist, and one veterinarian.

Restorations

Your Committee recommends the following:

That the application of John Lupiano for the restoration of his license to practice as a Physician in New York State be denied. [PPC EXS (A) 4]

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 March 12, 2018, 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 

• Full Board Consent Agenda Items
• Licensing Petitions
• Permission to Operate: Samford University
• Authorization to Award the Bachelor of Social Work (B.S.W.) Degree: SUNY Binghamton
• Authorization to Award the Doctor of Social Welfare (D.S.W.) Degree: SUNY Buffalo
• Proposed Amendment of §29.10 of the Rules of the Board of Regents and §70.7, §70.8 and §70.10 of the Commissioner’s Regulations Relating to the Mandatory Quality Review Program in Public Accountancy
• Proposed Amendment of §29.2 of the Rules of the Board of Regents and Addition of §52.8 and Subpart 79-20 to the Commissioner’s Regulations Relating to the Licensure of Pathologists’ Assistants 

Discussion of Pharmacy Prescription Labeling [PPC (D) 1] - Your Committee discussed the following: The Board of Regents oversees the practice of pharmacy, which includes the dispensing and compounding of various pharmaceuticals. However, the pharmaceuticals themselves are generally regulated at a federal level by the Food and Drug Administration. This crossover can at times be confusing and pose certain issues for both the regulated pharmacist/pharmacy and the public in general.