Report of Regents Professional Practice Committee to The Board of Regents
The Professional Practice Committee held its scheduled meeting on September 12, 2022. All members were present. Chancellor Lester W. Young, Jr., Regent Luis O. Reyes, Regent Susan W. Mittler, Regent Aramina Vega Ferrer, Regent Shino Tanikawa, and Regent Roger P. Catania also attended the meeting, but did not vote on any action.
ACTION ITEMS
Professional Discipline Cases [PPC 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 4 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 45 consent order applications and 25 surrender applications be granted, with Regent Wade S. Norwood abstaining from 1 consent order case (Calendar No. 33041), Regent Catherine Collins dissenting in 4 consent order cases (Calendar Nos. 33026, 32625, 32626, and 32991), and Regent Ruth B. Turner dissenting in 4 consent order cases (Calendar Nos. 33026, 32625, 32626, and 33119).
These recommendations are made following the review of 74 cases involving sixteen registered professional nurses, nine licensed practical nurses, seven certified public accountants, seven licensed practical nurses who are also registered professional nurses, four physical therapists, two architects, two pharmacists, two professional engineers, two veterinarians, one acupuncturist, one architecture professional corporation, one certified public accountancy foreign limited liability partnership, one certified public accountancy professional service limited liability company, one chiropractor, one dentist, one licensed clinical social worker, one licensed master social worker, one licensed master social worker who is also a licensed clinical social worker, one licensed mental health counselor, one pharmacy, one professional engineering professional corporation, one psychologist, and one registered professional nurse who is also a nurse practitioner (Family Health).
Restorations [PPC EXS (A) 4-5]
The Committee recommends the following:
That within six months from the effective date of this Order, Dr. Antoinette Lloyd shall, obtain at her own expense a mental health evaluation from a qualified mental health professional previously approved by the Director of the Physician Monitoring Program, Department of Health, Office of Professional Medical Conduct; which shall note that the applicant is mentally fit to practice her profession, and submit written proof to the Office of Professional Medical Conduct and to the Board of Regents of said evaluation. That upon receipt of said documents, the execution of the surrender of Dr. Antoinette Lloyd's license to practice as a Physician in the State of New York be stayed, and that she be placed on probation for a period of two years under the specified terms and conditions of probation and, upon successful completion of the probation, that her license to practice as a Physician in New York State be fully restored. [PPC EXS (A) 4]
That the application of Gangadhar Madupu for the restoration of his license to practice as a Physician in New York State be denied. [PPC EXS (A) 5]
Proposed Amendment of Section 29.14 of the Rules of the Board of Regents and Section 64.5 of the Regulations of the Commissioner of Education Relating to Regulation of Nurse Practitioner Practice [PPC (A) 1] - Department staff presented for emergency adoption proposed amendments to the Regents’ Rules and the Commissioner’s regulations to conform them to Part C of Chapter 57 of the Laws of 2022, which effective April 11, 2022, among other things, waives the requirement that certain nurse practitioners have a written practice agreement with a physician and makes the Nurse Practitioner Modernization Act permanent.
The Committee recommends that subdivision (a) of section 29.14 of the Rules of the Board of Regents and subdivision (a) of section 64.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 13, 2022 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 to immediately conform regulatory provisions with Part C of Chapter 57 of the Laws of 2022, which became effective April 1, 2022.
The motion passed unanimously.
Proposed Amendment of Section 64.7 of the Regulations of the Commissioner of Education Relating to the Execution by Registered Professional Nurses of Non-Patient Specific Orders to Administer COVID-19 Tests and Influenza Tests [PPC (A) 2] - Department staff presented for emergency adoption proposed amendments to the Commissioner’s regulations to conform them to Part C of Chapter 57 of the Laws of 2022, which effective April 11, 2022, among other things, allows physicians and nurse practitioners to issue non-patient specific orders for tests for COVID-19 or its antibodies or influenza.
The Committee recommends that section 64.7 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 13, 2022, 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 to immediately implement Part C of Chapter 57 of the Laws of 2022, which became effective April 1, 2022.
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 13, 2022, 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.