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

The Higher Education and Professional Practice Committee

FROM: / Frank Munoz
SUBJECT: / Report of the Committee on the Professions Regarding Licensing Petitions
DATE: / July 11, 2007
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 Higher Education and Professional Practice Committee at its meeting in July 2007 where it will be voted on and action taken. It will then come before the full Board at its July 2007 meeting for final action.

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 10 licensing petitions and 18 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 July 26, 2007.

Cases Presented to Board of Regents on: July 26, 2007 SUMMARY REPORT
PROFESSION / EDUCATION / EXAMINATION / Experience / Confer Degree Doctor of Medicine / Three-Year
Limited License
Pre-Professional / Professional / Post-Graduate / Proficiency / Licensing
Architecture / 07-17-03
07-18-03
Dentistry / 07-06-50 / 07-06-59
Medicine / 07-99-60C
to
07-115-60C
Veterinary Medicine / 07-11-75
07-12-75 / 07-05-74
To
07-08-74
OTHER: / Total for fiscal year to date: 107
Total for calendar year to date: 173

Board of Regents: July 27, 2007

ARCHITECTURE

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

Summary Statement: The petitioners listed below are all graduates of professionally accredited architecture programs who have applied for licensure in New York. All have achieved, at a minimum, a Bachelor of Architecture degree. All petitioners have substantial documented licensed experience in other states.

Prior to 1983, certain states did not require the Equivalency Examination (EE) or the Qualifying Test (QT) if a candidate had a degree from an accredited architecture program, and granted licensure upon passage of the Professional Examination (PE). Prior to 1975, most states recognized the Examination Syllabus (ES). The petitioners passed either the national Professional Examination (PE) given prior to 1983, or portions of the national Examination Syllabus (ES) given prior to 1975. Prior to 1983, New York State required passage of the Equivalency Examination (EE), or passage of the Qualifying Test (QT) in addition to passage of the national Professional Examination. Each of the petitioners satisfied the examination requirement in his/her initial state of licensure by passing an acceptable licensing examination and attained licensure in that state.

Section 7304(4) of Education Law and Section 69.3 of the Commissioner’s Regulations require for endorsement that “… an architect licensed in another state or jurisdiction as the result of successful completion of only the professional examination in use before 1983 may be granted licensure upon presentation of evidence of two years of work experience of a grade and character satisfactory to the State Board for Architecture and passage of a practical examination satisfactory to the State Board for Architecture …”

Each petitioner satisfied the examination requirement in his/her initial state of licensure and has extensive professional practice satisfactory to the State Board. Since the above information illustrates evidence of competence within the profession, and in lieu of the practical examination, the Executive Secretary of the State Board for Architecture recommends that the examination requirement be considered satisfied and each applicant’s licensure in another state be accepted for endorsement in New York State.

NAME OF PETITIONER / LICENSURE
07-17-03
William Gustave Anderson
McLean, VA 22101-3013 / (1) District of Columbia, 1975; also licensed in Maryland, Virginia, and West Virginia.
07-18-03
Morris L. Schopf
Salem, MA 01970 / (1) Louisiana, 1979; also licensed in Massachusetts.

Recommendation: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Architecture, recommends that each applicant’s licensing examination requirement be considered satisfied for licensure through the endorsement route.


Board of Regents: July 27, 2007

DENTISTRY

07-06-50

Sandhya Swarnavel

Rochester, New York 14620

(MGR Medical University, Ragas Dental College and Hospital, Chennai, India, Bachelor of Dental Surgery, March 1994)

Petition for:Acceptance of education.

Statement of Problem:Dr. Swarnavel did not complete the two academic years of study required in an accredited dental school program culminating in certification that the applicant has achieved the level of knowledge and clinical proficiency expected of a graduate of that school. Such study is required for applicants completing a program of dental education in an unregistered or unaccredited dental school.

Dr. Swarnavel is enrolled in the two-year advanced program in general dentistry at the Eastman Dental Center of the University of Rochester and was expected to complete the program in June 2007. This program is acknowledged by the State Board for Dentistry as the substantial equivalent of the two-year program required in regulation.

APPLICABLE REQUIREMENTS: / QUALIFICATIONS:
Section 61 of the Regulations of the Commissioner of Education requires:
(1) Not less than 60 semester hours of preprofessional education including courses in general chemistry, organic chemistry, biology or zoology, and physics. / (1)(a) One year of satisfactory postsecondary study in physics, chemistry and biology, 1986.
(1)(b) MGR Medical University, Ragas Dental College and Hospital, Chennai, India, 1988-1989.
(2)Four academic years of dental education culminating in a degree in an acceptable dental school. / (2)Four years of acceptable dental education culminating in the degree of Bachelor of Dental Surgery, March 1994, MGR Medical University, Ragas Dental College and Hospital, Chennai, India.
(3) Two academic years of study in an accredited dental school program culminating in certification that the applicant has achieved the level of knowledge and clinical proficiency expected of a graduate of that school. / (3) Two-year advanced program in general dentistry at the University of Rochester, Eastman Dental Center, Rochester, New York, to be completed June 2007.
(4) Satisfactory scores on Parts I and II of the National Dental Board Examinations. / (4)
(5) Acceptable clinically-based dental residency program of at least one year’s duration. / (5)
(6) United States citizen or alien lawfully admitted for permanent residence in the United States. / (6)
(7) Evidence of the required course in the identification and reporting of child abuse and maltreatment. / (7) Completed the required course in the identification and reporting of child abuse and maltreatment.
(8) Good moral character. / (8) Good moral character.

RECOMMENDATION: The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Dentistry recommends that the applicant's successful completion of the advanced program in general dentistry at the Eastman Dental Center of the University of Rochester be accepted as the substantial equivalent of the required two academic years of dental study in a registered or accredited dental school program.


Board of Regents: July 27, 2007

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. The 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

07-06-59
Dilvir Toor
Rochester, NY 14620-4017

ACTION: The Department shall issue a three-year limited license to the 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.


Board of Regents: July 27, 2007

VETERINARY MEDICINE

07-11-75

Kenneth Davis

New Windsor, NY 12553

(University of Illinois, Urbana, Illinois, D.V.M., 1978)

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

Statement of Problem:Dr. Davis graduated from an accredited veterinary medicine program in the United States in 1978. The applicant was licensed in Illinois in 1978 on the basis of a two-day examination taken in Illinois. The applicant has not taken the National Board Examination (NBE) which has been offered since 1954 nor the Clinical Competency Test (CCT) which was offered from 1984 until 2000. The NBE and CCT have been replaced by a combined examination, the North American Veterinary Licensing Examination. Dr. Davis has not taken these examinations used as a basis for licensure in New York State, as they were not required for his Illinois license.

Dr. Davis has documented 25 years of satisfactory professional practice in veterinary medicine. The Executive Secretary of the New York State Board for Veterinary Medicine recommends that the applicant’s Illinois license be accepted for endorsement in New York State.

APPLICABLE REQUIREMENTS: / QUALIFICATIONS:
Section 6704 of the Education Law and Part 62 of the Regulations of the Commissioner of Education:
(1) Completion of six years of preprofessional and professional postsecondary studies satisfactory to the Department, including satisfactory clinical education, and graduation with a satisfactory degree in veterinary medicine. / (1) University of Illinois at Urbana-Champaign, Urbana, Illinois, D.V.M., 1978.
(2) Acceptable scores on satisfactory licensing examinations and at least two years of satisfactory professional experience following licensure. / (2)(a) See Statement of Problem.
(2)(b) Licensed in Illinois in 1978.
(2)(c) More than 25 years of satisfactory professional experience following licensure.
(3) United States citizenship or immigration status as an alien lawfully admitted for permanent resident status in the United States. / (3) United States citizen.
(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 endorsement of the applicant's Illinois license.

Board of Regents: July 27, 2007

VETERINARY MEDICINE

07-12-75

Treva Marshall

Northport, NY 11768

(Tuskegee University, Tuskegee, Alabama, D.V.M., 1986)

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

Statement of Problem:Dr. Marshall graduated from an accredited veterinary medicine program in the United States in 1986. She passed the December 1985 Clinical Competency Test (CCT). In December 1987, she obtained a score of 66 on the National Board Examination (NBE). Dr. Marshall was licensed in Georgia in 1988 on the basis of these examination scores. New York State, however, requires a minimum score of 75 on the NBE.

Section 59.6(c) of the Regulations of the Commissioner Education regarding licensure by endorsement stipulates that applicants must not have “attempted unsuccessfully a licensing examination used by the State of New York … unless such applicant has later passed a comparable examination.” According to New York State standards, Dr. Marshall failed the NBE, which was a licensing examination used by this state. Therefore, according to this regulation, she would not qualify for licensure by endorsement unless she subsequently passed the NBE or a comparable licensing examination. Since she satisfied Georgia’s examination requirements, Dr. Marshall did not subsequently take the NBE or the North American Veterinary Licensing Examination (NAVLE), which replaced both the NBE and the CCT.

Dr. Marshall has documented more than 10 years of satisfactory licensed practice in veterinary medicine in Georgia. She was licensed in Georgia based on her education and performance on the NBE and CCT. The Executive Secretary of the State Board for Veterinary Medicine recommends that the applicant’s Georgia license be accepted for endorsement in New York State, waiving the specific requirement of a passing score on the NBE examination.

APPLICABLE REQUIREMENTS: / QUALIFICATIONS:
Section 6704 of the Education Law and Section 59.6 and Part 62 of the Regulations of the Commissioner of Education require:
(1) Completion of six years of preprofessional and professional postsecondary studies satisfactory to the department and graduation with a satisfactory degree in veterinary medicine. / (1)  Tuskegee University, Tuskegee, Alabama, D.V.M., May 1986.
(2) Acceptable scores on satisfactory licensing examinations or passing scores on an acceptable state licensing examination not in use in New York State and at least two years of satisfactory professional experience following licensure. / (2)(a) See Statement of Problem.
(2)(b) Licensed in Georgia, January 1988.
(2)(c) More than 10 years of satisfactory professional experience following licensure.
(3) United States citizenship or immigration status as an alien lawfully admitted for permanent resident status in the United States. / (3) United States citizen.
(4) Evidence of good moral character. / (4) Evidence of good moral character.

RECOMMENDATION:The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Veterinary Medicine, recommends that the examination requirement be waived and that the applicant's license be endorsed.