New York State Education Department

Office of the Professions

Summaries of Regents Actions on Professional Misconduct and Discipline

November 18, 2008

Terms under which this information is provided.




Chiropractic - Dentistry - Massage Therapy - Nursing - Ophthalmic Dispensing - Pharmacy - Public Accountancy - Veterinary Medicine


Chiropractic

Ralph Edward Morelli, Monticello, NY

Profession: Chiropractor; Lic. No. 001800; Cal. No. 24209

Regents Action Date: November 18, 2008

Action: Application to surrender license granted. 

Summary: Licensee admitted to charges of having been convicted of Insurance Fraud in the 3rd Degree and Falsifying Business Records in the 1st Degree, both felonies.


Dentistry

Jan Wade Gilbert, Lawrence, NY

Profession: Dentist; Lic. No. 029102; Cal. No. 23860

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $3,000 fine.

Summary: Licensee did not contest the charge of advertising that he had a new treatment that was guaranteed to eliminate gum disease, when he could not substantiate that claim.

 

Daniel H. Proper, Waterloo, NY

Profession: Dentist; Lic. No. 029903; Cal. No. 23662

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $4,000 fine.

Summary: Licensee did not contest charges of having been convicted of Driving While Intoxicated, not reporting his criminal conviction on his re-registration, and failing to maintain accurate patient records and to document perforations during root canal.

 

Ian Jacob Walker, Amherst, NY

Profession: Dentist; Lic. No. 049040; Cal. No. 23990

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

Summary: Licensee admitted to the charge of having been convicted of Driving While Intoxicated.


Massage Therapy

Louis I. Augier, Bayport, NY
Profession:
Massage Therapist; Lic. No. 005148; Cal. No. 23626

Regents Action Date: November 18, 2008

Action: Found guilty of professional misconduct; Penalty: Revocation, $5,000 fine.

Summary: Licensee was found guilty of professional misconduct in that he engaged in the sexual touching of a client.

 

Jennifer A. Maher, North Chili, NY

Profession: Massage Therapist; Lic. No. 019529; Cal. No. 24063

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Summary: Licensee admitted to the charge of having  been convicted of Driving While Intoxicated.

 

Kelly Anne McCarthy, Hicksville, NY

Profession: Massage Therapist; Lic. No. 020446; Cal. No. 24040

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $1,000 fine.

Summary: Licensee admitted to charges of having been convicted of 1 count of Driving While Ability Impaired by Drugs, a class E felony, and 1 count Aggravated Unlicensed Operation of a Motor Vehicle in the 2nd Degree, a class A misdemeanor.


Nursing

Elisabeth Ann Bigwood, Naples, NY

Profession: Registered Professional Nurse; Lic. No. 317369; Cal. No. 24008

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Summary: Licensee admitted to the charge of having committed medication errors.

 

Laurence B. Brown, Sidney, NY
Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 252436, 541227; Cal. Nos. 23564, 23565

Regents Action Date: November 18, 2008

Action: Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 3 years, $1,000 fine.

Summary: Licensee was found guilty of having been convicted of Assault in the 3rd Degree, a class A misdemeanor, and Driving While Intoxicated, an unclassified misdemeanor.

 

Kathleen M. Burns, Lindley, NY
Profession: Registered Professional Nurse; Lic. No. 517555; Cal. No. 24101

Regents Action Date: November 18, 2008 (see also May 2005)

Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until mentally fit to practice, upon termination of suspension 3 years probation to commence upon return to practice.

Summary: Licensee admitted to the charge of having violated her probation.

 

Eileen Mary Cahalan, Patchogue, NY

Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 110306, 284947; Cal. Nos. 24087, 24088

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

Summary: Licensee did not contest the charge of failing to check the label on an intravenous medication before administering it.

 

Louis A. Grauer a/k/a Louis Anthony Grauer, Miami, FL

Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 201622, 510572; Cal. Nos. 22030, 22029

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation to commence upon return to practice in New York State, $500 fine.

Summary: Licensee did not contest charges of stealing controlled substances on several occasions from facilities where he was practicing the profession of nursing and of practicing the profession while impaired by drugs that rendered him unable to perform his nursing duties.

 

Colleen G. Insonia, Cohutta, GA

Profession: Licensed Practical Nurse; Lic. No. 273285; Cal. No. 23911

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Summary:  Licensee did not contest having been found by the Commissioner of Health to be in violation of Article 33 of the Public Health Law.

 

Jawahir Jairam, Montauk, NY

Profession: Licensed Practical Nurse; Lic. No. 104418; Cal. No. 24012

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

Summary: Licensee admitted to the charge of administering another patient's medications to a patient.

 

Louisina Jean-Louis, Elmont, NY

Profession: Registered Professional Nurse; Lic. No. 513773; Cal. No. 22232

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Summary: Licensee admitted to the charge of having committed medication and treatment errors.

 

Jennifer Lynn Johnson, Cameron Mills, NY

Profession: Licensed Practical Nurse; Lic. No. 289923; Cal. No. 24121

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

Summary: Licensee admitted to the charge that she gave incorrect medication to a patient.

 

Annette H. Merone, Rego Park, NY

Profession: Registered Professional Nurse; Lic. No. 277161; Cal. No. 24011

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation.

Summary: Licensee admitted to the charge of charting that 2 medications had been administered when she knew, in fact, they had not been.

 

Jennifer Ann Moses, North Tonawanda, NY

Profession: Licensed Practical Nurse; Lic. No. 226947; Cal. No. 24111

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

Summary: Licensee did not contest the charge of having been found by the Commissioner of Health to be in violation of Article 22 of the Public Health Law by taking prescription forms and writing prescriptions for controlled substances.

 

Deborah P. Murphy, Watervliet, NY
Profession: Registered Professional Nurse; Lic. No. 412901; Cal. No. 24064

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Summary: Licensee  admitted to the charge of having been convicted of Endangering the Welfare of a Child).

 

Nancy C. Needham, Gansevoort, NY

Profession: Licensed Practical Nurse; Lic. No. 229301; Cal. No. 24083

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.

Summary: Licensee did not contest the charge of failing to notify a supervisor or physician about high blood sugar readings.

 

Misty Victoria Pickney, Winston-Salem, NC

Profession: Licensed Practical Nurse; Lic. No. 274858; Cal. No. 23386

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 1 year probation to commence if and when return to practice in New York State.

Summary: Licensee admitted to charges of administering 4 medications to the wrong patient and leaving the facility without informing the relief nurse of medications that still needed to be administered to residents.

 

Rita M. Pittorf, Kenmore, NY

Profession: Licensed Practical Nurse; Lic. No. 152703; Cal. No. 24158

Regents Action Date: November 18, 2008

Action: Application to surrender license granted. 

Summary: Licensee admitted to the charge of having been convicted of Adulterating a Drug After Shipment in Interstate Commerce.

 

Carol Sutter, Ballston Spa, NY

Profession: Licensed Practical Nurse; Lic. No. 174951; Cal. No. 23982

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 month and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $250 fine.

Summary: Licensee admited to charges of having been convicted of Driving While Intoxicated and having committed medication administration errors.

 

Barbara Varvara, North Babylon, NY

Profession: Licensed Practical Nurse; Lic. No. 270236; Cal. No. 23275

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Summary: Licensee did not contest charges of failing to maintain accurate patient records, to wit: administering controlled substances to 2 patients but failing to enter in the patients' Medication Administration and Pain Management Records that she had done so.


Ophthalmic Dispensing

Maria Francesca Salvio, Brooklyn, NY

Profession: Ophthalmic Dispenser; Lic. No. 007239; Cal. No. 24074

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

Summary: Licensee admitted to the charge of permitting an unlicensed person to measure pupillary distance and to use a lensometer to determine the prescription of a patient's eyeglasses.


Pharmacy

Matthew Anagnostopulos, Gloversville, NY

Profession: Pharmacist; Lic. No. 037067; Cal. No. 23977

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Summary: Licensee admitted to the charge of having been convicted of Criminal Possession of a Controlled Substance in the 7th Degree.

 

CVS Albany, L.L.C. d/b/a CVS Pharmacy, 725 Saw Mill River Road, Ardsley, NY

Profession: Pharmacy; Reg. No. 021625; Cal. No. 23786

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 30 days.

Summary: Registrant admitted to the charge of failing to employ a supervising pharmacist at the pharmacy operated by respondent during the period from July 10, 2006 to November 7, 2006.

 

Emil John Capozzi, Miller Place, NY

Profession: Pharmacist; Lic. No. 036694; Cal. No. 23393

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $2,500 fine.

Summary: Licensee admitted to charges of having been convicted of Forgery in the 3rd Degree and Falsifying Business Records in the 2nd Degree, both class A misdemeanors; stealing controlled and non-controlled substances from his pharmacy employer; forging a prescription for a non-controlled substance for his personal use and entering it into the pharmacy’s records; giving away quantities of the narcotic drug, hydromorphone, to a patient who did not have a valid prescription for said drug; shredding pharmacy records showing a shortage of hydromorphone; and altering pharmacy records to conceal his misconduct.

 

Duane Reade, 37 Broadway, New York, NY

Profession: Pharmacy; Reg. No. 018608; Cal. No. 24060

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $7,500 fine.

Summary: Registrant admitted to the charge of grossly negligent failure to comply with substantial provisions of New York State law governing the practice of the profession of pharmacy, to wit: allowing its retail pharmacy to remain open without a licensed pharmacist present to supervise and manage the pharmacy.

 

Daniel K. Park, Bronx, NY
Profession: Pharmacist; Lic. No. 033838; Cal. No. 24078

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation to commence upon return to practice, $1,000 fine payable within 30 days.

Summary: Licensee admitted to charges of failing to display a current registration certificate, failing to wear an identifying badge, failing to have hot water in the compounding and dispensing area, failing to maintain a daily record of refilled prescriptions, failing to maintain a pharmacy in a clean and orderly manner, and failing to document patients' refusals to accept counseling.

 

Rite Aid of New York, Inc., 178 New Hyde Park Road, Franklin Square, NY

Profession: Pharmacy; Reg. No. 017380; Cal. No. 23935

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 30 days.

Summary: Registrant admitted to the charge of willfully failing to have a supervising pharmacist oversee the operation of its pharmacy and failing to notify the State Board of Pharmacy within seven days of the change in the identity of supervising pharmacist of the pharmacy.

 

Rite Aid of New York, Inc., Rite Aid #3526, 1111 Pennsylvania Avenue, Brooklyn, NY

Profession: Pharmacy; Reg. No. 022155; Cal. No. 24080

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine payable within 30 days.

Summary: Registrant did not contest the charge of revealing personally identifiable facts of a patient.


Public Accountancy

Marc D. Rayner, Brooklyn, NY

Profession: Certified Public Accountant; Lic. No. 083737; Cal. No. 24102

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.

Summary: Licensee admitted to the charge of having been convicted of one count of Criminal Sale of a Controlled Substance in the 4th Degree.


Veterinary Medicine

S. N. Begg, Ithaca, NY

Profession: Veterinarian; Lic. No. 003786; Cal. No. 24098

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 year and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

Summary: Licensee admitted to the charge of having been convicted of Driving While Intoxicated, a felony.

 

Holly Ruth Reid, Baldwinsville, NY

Profession: Veterinarian; Lic. No. 007298; Cal. No. 23972

Regents Action Date: November 18, 2008

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Summary: Licensee  admitted to the charge of failing to monitor and test canine and discharging canine twice in an unstable condition.


For further information: dplsdsu@mail.nysed.gov

Last Update: March 30, 2009

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