The Honorable the Members of the Board of Regents s14

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO: The Honorable the Members of the Board of Regents

FROM: Frank Muñoz SUBJECT: Report of the Committee on the Professions Regarding Licensing Petitions

DATE: December 1, 2009

STRATEGIC GOAL: Goal 3

AUTHORIZATION(S):

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 full board at its December 2009 meeting where it will be voted on and action taken.

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 5 licensing petitions and 16 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 December 15, 2009. Cases Presented to Board of Regents on: December 15, 2009 SUMMARY REPORT

EDUCATION EXAMINATION PROFESSION Confer Degree Three-Year Pre- Post- Doctor of Limited Professional Professional Graduate Proficiency Licensing Experience Medicine License

Certified Public Accountancy 09-13-07

Dentistry 09-10-59

Medicine 09-148-60C to 09-163-60C Podiatry 09-01-65

Veterinary Medicine 09-09-75

Clinical Laboratory Technology 09-01-92

OTHER: Total for fiscal year to date: 180

Total for calendar year to date: 225

Board of Regents: December 15, 2009

CERTIFIED PUBLIC ACCOUNTANCY 09-13-07 Bhumika Patel Garden City Park, NY 11040

(St. John’s University, Queens, New York, Master of Business Administration in Public Accounting (150-hour licensure qualifying program), January 31, 2007) Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy (CPA) Examination.

Statement of Problem: Bhumika Patel, an applicant for licensure as a CPA, recently passed the four parts of the Uniform CPA Examination. However, she exceeded the 18- month conditioning requirement by one month.

Ms. Patel sat for and passed the Regulation (REG) section of the Examination in November 2007. She needed to pass the remaining three sections by June 30, 2009 to retain credit for the REG section. She passed Auditing and Attestation (AUD) in February 2008 and the Business Environment and Concepts (BEC) section in May 2008, both within the 18-month conditioning period. She attempted, but failed the remaining Financial Accounting and Reporting (FAR) section three times within the conditioning period. She made a final attempt and passed the FAR section in July 2009, one month after she lost credit for REG.

Ms. Patel’s efforts to prepare for and pass the FAR section were interrupted by an immediate family member’s medical condition, documented by the attending physician, as well as a family tragedy.

Based on the medical documentation and her continued efforts to pass the FAR section, the Executive Secretary of the State Board for Public Accountancy supports Ms. Patel’s 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: (1) A bachelor’s or higher degree based (1) St. John’s University, Master of on a program in accountancy. Business Administration in Public Accounting, January 31, 2007. (2) Passing scores on the Uniform CPA (2) (a) November 2007: Regulation Examination. (passing score). (b) February 2008: Auditing and Attestation (passing score). (c) May 2008: Business Environment and Concepts (passing score). (d) February and May 2009: Financial Accounting and Reporting (failing scores). (e) July 2009: Financial Accounting and Reporting (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.

6 Board of Regents: December 15, 2009

PODIATRY 09 -01-65 Abraham Charles Yale Fairfield, CT 06824

(Dr. William M. Scholl College of Podiatric Medicine at Rosalind Franklin University of Medicine & Science, North Chicago, Illinois, Doctor of Podiatric Medicine, 1980)

Petition for: Waiver of New York State requirements pertaining to clinical licensing examinations for licensure.

Statement of Problem: Dr. Yale has not demonstrated passing scores on a satisfactory clinical skills examination, as required in Commissioner’s Regulations. He has not taken Part III of the National Board of Podiatric Medical Examiner examinations, formerly the Podiatric Medical Licensure Examination for States (PMLexis), the clinical skills examination of the National Board of Podiatric Medical Examiners (NBPME) offered since 1991.

Dr. Yale was licensed in Connecticut on July 30, 1981 by endorsement and has practiced in that state since licensure. At the time Dr. Yale was licensed in Connecticut, there was no requirement in that state for applicants to pass a practical examination or successfully complete a similar measure of clinical skills competency. Based on his licensure and good standing in Connecticut and over 20 years of licensed practice, the Executive Secretary of the New York State Board for Podiatry supports his request to waive the NBPME Part III licensing examination.

APPLICABLE REQUIREMENTS: QUALIFICATIONS: Section 7004 of Education Law and Part 65 of the Commissioner’s Regulations require: (1) Completion of a registered or (1) Dr. William M. Scholl College of equivalent podiatric medicine program with Podiatric Medicine at Rosalind Franklin a Doctorate of Podiatric Medicine or University of Medicine & Science, North equivalent degree. Chicago, Illinois, Doctor of Podiatric Medicine, May 1980. Acceptable scores on satisfactory (2) (a) NBPE Part I, August 31 & licensing examinations in basic and September 1, 1978 clinical sciences and entry-level clinical (b) NBPE Part II, March 1980 skills. (c) See Statement of Problem. (3) Evidence of completion of at least one (3) Hugar Surgery Center, Elwood Park, year of supervised postgraduate hospital Illinois, first year podiatric residency, July training in podiatry. 1980 – June 1981. (4) Evidence of good moral character. (4) Licensed and in good standing in Connecticut with no disciplinary actions.

7 (5) Evidence of the required course in the (5) Filed certification of exemption. identification and reporting of child abuse and maltreatment. (6) Evidence of the required infection (6) control training.

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Podiatry, recommends that the applicant’s petition for waiver of the NBPME Part III examination requirement be accepted.

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 he 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 09-10-59 Emile Amzallag Brooklyn, NY 11229

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.

VETERINARY MEDICINE 09-09-75 William E. Hornbuckle Freeville, NY 13069

(Oklahoma State University, Stillwater, Oklahoma, D.V.M., 1967)

Petition for: Waiver of New York State requirements pertaining to acceptability of licensing examinations for licensure by endorsement.

Statement of Problem: Dr. Hornbuckle graduated from an accredited college of veterinary medicine in 1967 and took the National Board (NBE) examination in that year. Dr. Hornbuckle has not taken the Clinical Competency Test (CCT), which was offered only from 1984 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. Hornbuckle was licensed in Massachusetts based on the NBE. He has documented over 35 years of practice in Massachusetts.

In view of Dr. Hornbuckle’s documentation of 35 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 Massachusetts 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: (1) Completion of six years of pre- (1) Oklahoma State University, Stillwater, professional and professional Oklahoma, D.V.M., 1967. postsecondary studies satisfactory to the department and graduation with a satisfactory degree in veterinary medicine. (2) Acceptable scores on satisfactory (2)(a) Passing score on May 1967 NBE licensing examinations or passing scores examination; did not take the CCT. on an acceptable state licensing (2)(b) Licensed as a veterinarian in examination not in use in New York State Massachusetts, August 1967. and at least two years of satisfactory (2)(c) More than 35 years of satisfactory professional experience following professional experience following licensure. licensure. (3) United States citizenship or (3) United States citizen. immigration status as an alien lawfully admitted for permanent resident status in the United States.

10 (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 Massachusetts license.

CLINICAL LABORATORY TECHNOLOGIST 09-01-92 Jianhua Zhang Stony Brook, New York 11790

(Second Military Medical University of the P.L.A., Shanghai, People’s Republic of China, Bachelor of Medicine, August 1986.)

Petition for: Acceptance of education.

Statement of Problem: Commissioner's Regulations require that an applicant for licensure in clinical laboratory technology must have completed a bachelor’s or higher degree in clinical laboratory technology or a related title. The program must contain didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/quality improvement and that is designed and conducted to prepare graduates to practice clinical laboratory technology using independent judgment and responsibility.

Mr. Zhang completed a Bachelor of Medicine program in the People’s Republic of China. Since the State Education Department has not registered this program, the Department must determine if it meets the professional education requirements outlined in Subpart 79-13 and section 52.38 of Commissioner’s Regulations. The Executive Secretary of the State Board for Clinical Laboratory Technology reviewed the Bachelor of Medicine program completed by Mr. Zhang and determined that this program could be considered substantially equivalent to a clinical laboratory technology program that is registered by the Department for general educational purposes but the applicant would have to demonstrate completion of all content requirements specified in section 52.38 of Commissioner’s Regulations. After an extensive review of the documentation submitted, the Executive Secretary determined that Mr. Zhang had satisfied all content requirements except for coursework in three categories: immunohematology (Blood Bank), infection control and universal precautions (standard precautions) and ethics. The applicant was notified of these deficiencies and informed that his education could be approved once he submitted documentation of the additional coursework. In the interim, in accordance with Commissioner’s Regulations, the Department has issued the applicant a limited license to practice clinical laboratory technology until September 1, 2013.

Through his attorney, Mr. Zhang appealed this decision and submitted information to demonstrate satisfaction of the deficiencies. The attorney asserts:

 Mr. Zhang has successfully passed USMLE Step 3 of the national medical licensing examination that assesses the applicant’s medical knowledge and understanding of clinical science needed for the unsupervised practice of medicine and asserts that it includes an ethics component.  The area of immunohematology (blood bank) was part of the material covered in physiology, a course consisting of 160 hours of instruction.

12  The subject of “infectious diseases” is likewise part of the course material completed by Mr. Zhang.

The attorney opines that the medical degree completed by Mr. Zhang together with his successful completion of USMLE Step 3 and his experience in the Department of Pathology as a Research Assistant Professor at SUNY Stony Brook and his experience as a Clinical Laboratory Technologist II at Stony Brook is a sufficient basis to waive the educational requirements for immunohematology and infection control, and that further education in the areas of immunohematology and “infectious diseases” would constitute a financial hardship and is redundant and duplicative of work done, as well as being time consuming and costly to obtain syllabus documentation from the medical school in China. The attorney submitted an unofficial score report but the Department has no direct evidence from the examination administrator or another jurisdiction that Mr. Zhang took or passed Step 3 USMLE, an assessment of clinical practice.

The Executive Secretary of the State Board for Clinical Laboratory Technology has reviewed again the entire translated material that had previously been presented by Mr. Zhang in light of the information presented by his attorney and compared it to the requirements for the curricular content of both Clinical Laboratory Technologist and Certified Clinical Laboratory Technician in two New York State colleges – State University of New York at Stony Brook and Broome County Community College. The translated syllabus did list the “content sequence” of courses including physiology and each section was thoroughly reviewed.

The areas of blood and bone marrow that were included in the physiology course taken in the medical school in China includes the CBC, e.g. complete blood count and hemoglobin measure, the white blood count (WBC) and differentiation, bleeding and coagulation principles and methods, other blood test values, the general rule of blood cell development, bone marrow cell category, principles, methods, and normal range and clinical significance of anemia tests, and the analysis and determination of bone marrow report. These comprise fundamental knowledge related to the anatomy and function of the blood and marrow system that commonly is taught in basic physiology courses, as well as some information on the use and meaning of tests to assess blood and bone marrow function. The content of this course would be similar to the content of coursework in physiology required of all persons seeking licensure as a Clinical Laboratory Technologist, and Mr. Zhang was given credit in the education review for physiology. However, the review indicated that this course differs significantly from the core coursework content in the area of immunohematology required in the education of clinical laboratory technologists. The required coursework in immunohematology examines basic immunology, applying basic principles of immunology to blood group serology, includes an in-depth study of all human blood groups and blood group genetics, transfusion therapy and current blood bank practices, including problems inherent to blood transfusion and solutions, processes for donor selection and blood apheresis, and the study and practice of all the tests and instruments used in the blood banking process, as well as the interpretation of the results.

The Executive Secretary notes that the requirement for coursework in infection control and universal precautions (standard precautions) is a totally different content area than infectious diseases. She indicates that the fact that his attorney is presenting

13 infectious diseases as the same content area from the one that is missing suggests that the applicant does not have an understanding of these differences. Infection control and universal precautions (standard precautions) is not only a mandated content area to meet the education requirements for licensure as a clinical laboratory technologist, it is a mandated area of continuing education for many currently licensed healthcare professionals, including physicians who must repeat it every four years to maintain registration. Infections, including hospital-borne infections, are one of the leading causes of serious illness and death in the United States and knowledge of infection control and precautions is extremely important for clinical laboratory technologists whose work in hospital clinical laboratories and at the bedside has the potential to both lead to and prevent infections. It also enables them to provide education for other practitioners as well as provide information for control by systems management.

A review of the Blueprint and Content Outline for USMLE Step 3 finds that “Medical Ethics and Jurisprudence” comprises 4.8% of the examination. Its focus is on full disclosure, advance directives/health care proxy, permission to treat/refusal of treatment, issues related to death and dying, truthfulness, confidentiality, privacy, authority and public reporting, much of which falls in jurisprudence areas appropriate for physicians. There is no breakdown between the ethics content and the jurisprudence content, although there is overlap. The Department has no direct evidence from the examination administrator or another jurisdiction that Dr. Zhang took or passed the Step 3, USMLE, so it would not be possible to accept this information to meet the course content requirement in Ethics. Nonetheless, in review, the content in coursework on ethics within clinical laboratory technology programs is more related to the presentation of various codes of professional ethics, autonomy and responsibility in health care settings or in other employment settings, HIV issues, issues related to culture and ethnicity, practitioner responsibility, genetics, transplants, cloning, health care accessibility, allocating health care resources, institutional missions and obligations. Such courses tend to focus on successful techniques for resolving ethical dilemmas.

Additional documentation: English translation of the course syllabus concerning the areas of infectious diseases and physiology was provided by Mr. Zhang’s attorney and received on November 30, 2009, but did not change the Committee’s recommendation.

APPLICABLE REQUIREMENTS: QUALIFICATIONS: Sections 52.38 and 79-13.6 of the Commissioner’s Regulations require: (1) Bachelor or higher degree in (1) Second Military Medical University of clinical laboratory technology or a P.L.A., Shanghai, People’s Republic of related title. China, Bachelor of Medicine, August 1986. (2) Program contains didactic and (2) Bachelor of Medicine Program at the clinical education that integrates pre- Second Military Medical University contains analytical, analytical, and post- didactic and clinical education that integrates analytical components of laboratory pre-analytical, analytical, and post-analytical services, including the principles and components of laboratory services, including practices of quality assurance/quality the principles and practices of quality improvement and that is designed and assurance/quality improvement and that is conducted to prepare graduates to designed and conducted to prepare

14 practice clinical laboratory technology graduates to practice clinical laboratory using independent judgment and technology using independent judgment and responsibility. Coursework shall responsibility. See Statement of Problem include the following subject areas or above and the review of the translated their equivalent: syllabus by the Executive Secretary to the  inorganic chemistry; analytic State Board for Clinical Laboratory chemistry and/or biochemistry; Technology.  clinical chemistry;  physiology, with anatomy content;  immunology/serology;  immunohematology (Blood Bank); hematology/hemostasis, and body fluids;  molecular biology and diagnostics;  microbiology and clinical microbiology, including bacteriology, mycology, parasitology, and virology; and include curricular content in each of the following subject areas or their equivalent, as determined by the department:

 organic chemistry;

 statistics;

 infection control and universal precautions (standard precautions);

 the maintenance of equipment and records;

 ethics; and a supervised clinical experience of at least 30 hours per week for a minimum of 24 weeks or its equivalent as determined by the department. (3) Program is registered by the (3) Bachelor of Medicine Program at the Department for general educational Second Military Medical University has been purposes but need not be specifically determined to be substantially equivalent to registered for licensure purposes. a registered program in clinical laboratory technology except for lacking coursework in immunohematology (Blood Bank), infection

15 control and universal precautions (standard precautions) and ethics. (4) Acceptable scores on the New (4) York State licensing examination. (5) Good moral character. (5) Good moral character.

RECOMMENDATION:

The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Clinical Laboratory Technology recommends that the applicant’s professional education requirement be considered satisfied once he submits documentation of the following: (1) satisfactory completion of coursework in immunohematology and professional ethics that would meet the education requirements of Section 52.38 and (2) satisfactory completion of a course in infection control and universal precautions (standard precautions) that would be acceptable to meet the curricular content of a clinical laboratory technology program. A course offered in a medical center for the continuing education of physicians and/or other health care professionals to satisfy requirements for licensure registration purposes could be accepted as meeting the requirement if approved by the Department.

Dr. Zhang must complete the education and examination requirements for licensure as a clinical laboratory technologist by September 1, 2013.

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 09-148-60C (1) Autonomous University of Guadalajara, James Avellini Guadalajara, Mexico, Physician & Monroe, NJ 08831 Surgeon, 6/20/80. (2) License #148049, issued on 10/30/81. 09-149-60C (1) University of Lagos, Lagos, Nigeria, Olusegun Bankole Bachelor of Medicine, Bachelor of Brooklyn, NY 11210 Surgery, 8/28/95. (2) License #240506, issued on 6/12/06. 09-150-60C (1) NTR University of Health Sciences, Meghana Gaiki Hyderabad, India, Bachelor of New York, NY 10075 Medicine, Bachelor of Surgery, 12/9/04. (2) License #254988, issued on 9/25/09. 09-151-60C (1) Sir Salimullah Medical College, Dhaka, Bangladesh, Bachelor of Medicine, Barnali Hasan Bachelor of Surgery, 7/7/93. Hollis, NY 11423 (2) License #255059, issued on 10/5/09. 09-152-60C (1) 2nd Military Medical University, Qiang Hu Shanghai, People’s Republic of China, Flushing, NY 11354 Bachelor of Medicine, 7/29/83. (2) License #207820, issued on 8/8/97. 09-153-60C (1) University of Kashmir, Srinagar, Mushtaq Khan India, Bachelor of Medicine, Bachelor Williamsville, NY 14221 of Surgery, 9/30/87. (2) License #188925, issued on

17 5/11/92. 09-154-60C (1) Siddhardha Medical College, Sunaina Koduru Vijayawada, India, Bachelor of Round Rock, TX 78664 Medicine, Bachelor of Surgery, 2/1/03. (2) License #251615, issued on 1/7/09. 09-155-60C (1) University of Novi Sad, Novi Sad, Bojana Krgin Serbia, Physician, 9/9/80. Woodbridge, CT 06525 (2) License #185303, issued on 4/16/91. 09-156-60C (1) Russian State Medical University, Anna Kryuchkova Moscow, Union of Soviet Socialist Staten Island, NY 10305 Republic, Physician, 6/25/83. (2) License #219931, issued on 12/13/00. 09-157-60C (1) Sun Yat Sen University, Lawrence Liang Guangzhou, People’s Republic of New York, NY 10002 China, General Diploma, 6/30/90. (2) License #217419, issued on 5/9/00. 09-158-60C (1) Osmania University, Hyderabad, Anuritha Marumganti India, Bachelor of Medicine, Bachelor Buffalo, NY 14216 of Surgery, 9/20/00. (2) License #254961, issued on 9/23/09. 09-159-60C (1) Medical College Punjab University, Neubert Philippe Amristar, India, Bachelor of Medicine, Bay Shore, NY 11706 Bachelor of Surgery, 12/6/68. (2) License #140343, issued on 10/12/79. 09-160-60C (1) Universita Delgi Studi Di Genova Elham Safaie Facolta Di Medicina, Genova, Italy, Boston, MA 02113 Doctor Medicine & Surgery, 12/22/93. (2) License #255137, issued on 10/8/09. 09-161-60C (1) University of the West Indies, Mt. Ramotse Saunders Hope, Trinidad, Bachelor of Medicine, New York, NY 10009 Bachelor of Surgery, 7/1/98. (2) License #253743, issued on 6/29/09. 09-162-60C (1) King Edward Medical College, Shakeel Usmani Lahore, Pakistan, Bachelor of Brooklyn, NY 11214 Medicine, Bachelor of Surgery, 11/11/00. (2) License #246844, issued on 11/26/07. 09-163-60C (1) Shanghai Medical University, LiJun Weng Shanghai, People’s Republic of China, Oakland Gardens, NY 11364 Bachelor of Medicine, 8/1/83. (2) License #232264, issued on 5/7/04.

18 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.