TO: /
The Honorable the Members of the Board of Regents
FROM: / Frank MuñozSUBJECT: / Report of the Committee on the Professions Regarding Licensing Petitions
DATE: / May 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
The question will come before the full Board at its May 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 6 licensing petitions and 10 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 May 19, 2009.
Cases Presented to Board of Regents on: May 19, 2009 SUMMARY REPORTPROFESSION / EDUCATION / EXAMINATION / Experience / Confer Degree Doctor of Medicine / Three-Year
Limited License
Pre-Professional / Professional / Post-Graduate / Proficiency / Licensing
Certified Public Accountancy / 09-07-07
Dentistry / 09-02-59
To
09-05-59
Medicine / 09-52-60C
to
09-61-60C
Psychology / 09-01-68
OTHER: / Total for fiscal year to date: 38
Total for calendar year to date: 83
Board of Regents: May 19, 2009
CERTIFIED PUBLIC ACCOUNTANCY
09-07-07
Michael Canfora
Voorheesville, NY 12186
(College of St. Rose, Albany, New York, Master of Science in Accountancy, May 2006)
Petition for: Acceptance of passing grades on the Uniform Certified Public Accountancy (CPA) Examination.
Statement of Problem: Michael Canfora, an applicant for licensure as a certified public accountant, passed all four parts of the Uniform CPA Examination; however, he exceeded the 18-month conditioning requirement by 15 days.
Mr. Canfora originally received conditional credit for passing the Business Environment and Concepts (BEC) section of the Examination in May 2007. He needed to pass the three remaining sections by the end of December 2008 to retain credit for BEC. He passed the Regulation (REG) section in July 2007 and the Auditing and Attestation (AUD) section in February 2008, both within the conditional period. He passed the fourth section, Financial Accounting and Reporting (FAR), in January 2009, 15 days after his conditional credit for BEC expired.
Mr. Canfora planned his sittings and exam preparation according to a schedule that would have allowed him to pass the exam within 18 months. However, a request he sent to CPA Examination Services (CPAES), the examination administrator, in early July 2008, was not received and processed. CPAES responded to his second request in late July, and sent him the required NTS (notice to sit) by U.S. mail. Mr. Canfora did not receive this mailing, so CPAES sent the NTS a second time by e-mail on August 5. Unfortunately, by the time Mr. Canfora received the NTS on August 5, there were no testing seats available in the Albany area. This has been corroborated by Prometric, the test site vendor. This meant that Mr. Canfora was prevented from testing during the July/August 2008 testing window.
He scheduled and sat for the FAR section in the next subsequent testing window (October/November 2008) and failed the FAR section by one point. He immediately rescheduled for the earliest possible date in the next subsequent testing window (January/February 2009) and passed the FAR section, 15 days after he lost conditional credit for the BEC section.
Based on Mr. Canfora’s circumstances described above, the Executive Secretary of the State Board for Public Accountancy supports his 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 on a program in accountancy. / (1) College of St. Rose, Master of Science in Accountancy, May 2006.
(2) Passing scores on the Uniform CPA Examination. / (2) (a) May 2007: Business Environment and Concepts (passing score).
(b) July 2007: Regulation (passing score).
(c)February 2008: Auditing and Attestation (passing score).
(d) November 2008: Financial Accounting and Reporting (failing score).
(e) January 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.
Board of Regents: May 19, 2009
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 applicants listed below have 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.
Each 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/she 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
09-02-59Caroline Hu
New York, NY 10025
09-03-59
Hyeongil Kim
Williamsville, NY 14221
09-04-59
Farnaz Tamari
Flushing, NY 11358
09-05-59
Nawar Touchan
New York, NY 10032
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.
Board of Regents: May 19, 2009
PSYCHOLOGY
09-01-68
Jacob Theodore Brown
Lawrenceville, NJ 08648
(SUNY Stony Brook, Stony Brook, NY, Ph.D. in Psychology, 1976)
Petition for:Waiver of the examination requirement for licensure in psychology by accepting the scores obtained on examinations for licensure in other jurisdictions rather then the minimum scores accepted by New York State, or by accepting substitutes for the examination.
Statement of Problem:J. Theodore Brown has not presented a satisfactory passing score on the Examination for Professional Practice in Psychology (EPPP) adopted by New York State in October 1977 as its licensing examination.
In November 1976, Dr. Brown took the New York State multiple-choice examination and essay examination, but did not obtain the passing score established by the New York State Board for Psychology and the Department on the essay component, which included one essay on psychological research combined with essays in two areas of professional psychology practice.
Section 59.6(c) of the Regulations of the Commissioner of 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 licensing examination.”
Dr. Brown subsequently took the Examination for Professional Practice in Psychology (EPPP) on April 14, 1978 in New Jersey which reported a raw score of 104. However, the passing raw score for the examination on that date in New York State was 114. The applicant has documented licensure in New Jersey (1978) and South Carolina (2005), based on the April 14, 1978 EPPP examination, and in Washington D.C. (1999), Illinois (2003), and Indiana (2003). The applicant was approved for listing in the National Register of Health Service Providers in Psychology in 2002, based on licensure in other jurisdictions.
The applicant requests as one option that New York State accept as a substitute for the 1976 essay components either a paper that he presented in Sweden on Multivariate Statistical Analysis, or his score on the New York State Child Abuse Law examination, or any combination of State Psychology Licensing Board secondary examinations, many of which are jurisprudence examinations that address ethics or other state laws and regulations. There is no evidence that these are equivalent to the New York State licensing examination.
The applicant requests as another option that New York State accept his EPPP test score, which did not meet the passing score in New York State when given, in combination with other examinations and his years of clinical experience.
APPLICABLE REQUIREMENTS: / QUALIFICATIONS:Sections 7603 and 6507 of the Education Law
(1)Acceptable doctoral degree and program in psychology. / (1)SUNY Stony Brook, Stony Brook, NY, Ph.D. in Psychology, May 1976; Southern Illinois University, Carbondale, Illinois, M.A. in Psychology, May 1977 (study completed 1972 - 1974/5).
(2)Two years satisfactory supervised experience. / (2) Two years satisfactory supervised experience.
(3)Acceptable scores on a satisfactory licensing examination. / (3)See Statement of Problem.
(4)Evidence of good moral character. / (4)Good moral character.
(5)Evidence of completion of the required course in identification and reporting of child abuse and maltreatment. / (5) Evidence of completion of the required course in identification and reporting of child abuse and maltreatment.
RECOMMENDATION:The Committee on the Professions, in concurrence with the Executive Secretary of the State Board for Psychology, recommends that the examination waiver request be denied since Dr. Brown did not pass one substantial portion of the New York State licensing examination given in 1976 and has not attained a raw score on the EPPP acceptable as passing by New York State. The options suggested by Dr. Brown as alternatives are not equivalent to the EPPP, or to the essay examinations on which he did not receive a passing score.
Board of Regents: May 19, 2009
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
09-52-60CIbrahim Almasry
Stony Brook, NY 11794 / (1) University of Cairo, Cairo, Egypt, Bachelor of Medicine, Bachelor of Surgery, 12/30/93.
(2) License #245948, issued on 9/6/07.
09-53-60C
Angel Garcia Otano
Williamsport, PA 17701 / (1) Autonomous University of Guadalajara, Guadalajara, Mexico, Physician and Surgeon, 12/2/05.
(2) License #251893, issued on 2/5/09.
09-54-60C
Ankur Lodha
Brooklyn, NY 11219 / (1) Bangalore Medical College, Bangalore, India, Bachelor of Medicine, Bachelor of Surgery, 5/31/03.
(2) License #003267, issued on 1/12/09.
09-55-60C
Ogleh Nesheiwat
Wappingers Falls, NY 12590 / (1) Autonomous University of Guadalajara, Guadalajara, Mexico, Physician and Surgeon, 6/14/02.
(2) License #241579, issued on 8/21/06.
09-56-60C
Emory Roper
Broken Arrow, OK 74012 / (1) Autonomous University of Guadalajara, Guadalajara, Mexico, Physician and Surgeon, 6/9/06.
(2) License #251830, issued on 2/2/09.
09-57-60C
Carl Salvati
Boca Raton, FL 33487 / (1) University of Zaragoza, Zaragoza, Spain, Licentiate in Medicine and Surgery, 5/6/76.
(2) License #135200, issued on 7/21/78.
09-58-60C
Felix Sterling
Melville, NY 11747 / (1) Smolensk State Medical Institute, Smolensk, United Soviet Socialist Republic, Physician, 6/30/88.
(2) License #240868, issued on 6/30/06.
09-59-60C
Matthew Taylor
Albany, NY 12208 / (1) Royal College of Surgeons, Dublin, Ireland, Bachelor of Medicine, Bachelor of Surgery, Bachelor of Obstetric Arts, 5/26/05.
(2) License #252187, issued on 3/2/09.
09-60-60C
Guangyi Wang
Fresh Meadows, NY 11365 / (1) West China University of Medical Sciences, Chengdu, People’s Republic of China, Bachelor of Medicine, 11/30/82.
(2) License #232652, issued on 6/4/04.
09-61-60C
Niangui Wang
Rochester, NY 14620 / (1) Henan Medical University, Zheng Zhou, People’s Republic of China, Bachelor of Medicine, 8/20/04.
(2) License #249993, issued on 8/14/08.
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.