Summaries of Regents Actions
on Professional Misconduct and Discipline

December 2019

Terms under which this information is provided.



- Acupuncture - Architecture - Dentistry - Engineering and Land Surveying - Massage Therapy - Nursing - Pharmacy - Physical Therapy - Public Accountancy - Social Work - Veterinary Medicine -


Acupuncture

Xin-Hui Liu a/k/a Xin Hui Liu a/k/a Xinhui Liu; Great Neck, NY
Profession: Acupuncturist; Lic. No. 000946; Cal. No. 30981
Regents Action Date: December 10, 2019

Action: Application to surrender license granted.
Summary: Licensee admitted to the charge of having been convicted of Unlawful Surveillance in the 2nd Degree, a class E felony, and Unauthorized Practice of a Profession, a class E felony.

 

Architecture

Joseph A. Mucciolo; Wantagh, NY
Profession: Architect; Lic. No. 025906; Cal. No. 31503
Regents Action Date: December 10, 2019
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of filing 10 Technical Report Statement of Responsibility (“TR-1”) forms with the New York City Department of Buildings identifying responsibility for special inspections when he was not a registered Special Inspection Agency or a Director of a Special Inspection Agency.

Charles Alfred Schmitt; New York, NY
Profession: Architect; Lic. No. 010727; Cal. No. 30964
Regents Action Date: December 10, 2019
Action: Application to surrender license granted.
Summary: Licensee admitted to the charge of failing to review plans he signed and sealed; failing to maintain a written evaluation of the professional services represented by said plans which were not prepared by him or by someone under his direct supervision; and stating on applications filed with the New York City Department of Buildings that there were no changes in use, egress or occupancy when there were.

 

Dentistry

Michael David Krochak; New York, NY
Profession: Dentist; Lic. No. 037027; Cal. No. 31331
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $1,000 fine.
Summary: Licensee admitted to the charge of having been convicted of Sexual Abuse in the 3rd Degree, a class B misdemeanor.

 

Engineering and Land Surveying

Inhwan Chang; Fort Lee, NJ
Profession: Professional Engineer; Lic. No. 083433; Cal. No. 31313
Regents Action Date: December 10, 2019
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 submitting two professionally certified applications to the New York City Department of Buildings within a 12 month period with audit failures that resulted in revocation of the associated permits.

Sead Engineering P.C.; Flushing, NY
Profession: Professional Engineering; Cal. No. 31314
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: $2,500 fine.
Summary: Registrant admitted to the charge of submitting two professionally certified applications, through its officer, to the New York City Department of Buildings within a 12 month period with audit failures that resulted in revocation of the associated permits.

 

Massage Therapy

Cory Andrew Schmidt; Woodstock, NY
Profession: Massage Therapist; Lic. No. 027583; Cal. No. 30941
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, upon return to practice, 2 years probation .
Summary: Licensee did not contest the charge of massaging without therapeutic justification and negligently massaging the upper thigh having unintentional contact with the vulva area of a client.

Christopher James Taylor; Waterford, NY
Profession: Massage Therapist; Lic. No. 027749; Cal. No. 31431
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.
Summary: Licensee admitted to the charge of having been convicted of Driving While Intoxicated.

 

Nursing

Karen Gail Bell; Cheektowaga, NY
Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 256176, 503250; Cal. Nos. 31400, 31401
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.
Summary: Licensee admitted to charges of having been convicted of Driving While Intoxicated and Arizona discipline.

Vanessa Bequis; Belleville, NJ
Profession: Registered Professional Nurse; Lic. No. 679064; Cal. No. 31713
Regents Action Date: December 10, 2019
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of forging her timecard in the State of New Jersey.

Nerraw Akbar Black, Jr. a/k/a Nerraw Akbar Black; Amsterdam, NY
Profession: Licensed Practical Nurse; Lic. No. 327270; Cal. No. 31380
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.
Summary: Licensee admitted to the charge of medication administration errors.

Kimberly A. Daleo; Hauppauge, NY
Profession: Registered Professional Nurse; Lic. No. 672721; Cal. No. 31305
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Summary: Licensee did not contest the charge of acting in concert with another nurse who administered saline intravenously to her when she felt sick while on duty, and when there was no physician's order or any authorization for the saline.

Lynn Ann Gifford; Ballston Spa, NY
Profession: Registered Professional Nurse; Lic. No. 481409; Cal. No. 31247
Regents Action Date: December 10, 2019
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 Criminal Trespass in the 2nd Degree.

Ruthmae Gordon; Brooklyn, NY
Profession: Licensed Practical Nurse; Lic. No. 315392; Cal. No. 30849
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.
Summary: Licensee did not contest the charge of having failed to administer medications to patients as ordered and failing to accurately record the administration of medication.

Lindsey Elizabeth Harvey; Hampton Bays, NY
Profession: Licensed Practical Nurse; Lic. No. 298248; Cal. No. 31279
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.
Summary: Licensee did not contest the charge of  having five pills in a cup in her med cart that she could not identify and on more than one occasion, withdrawing controlled substances without making entries in patient charts, that they had been administered.

Lori Lea Hummer; Waterloo, NY
Profession: Licensed Practical Nurse; Lic. No. 213790; Cal. No. 31437
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.
Summary: Licensee admitted to the charge of moral unfitness in the practice of nursing.

Daniel P. Karper; Marcellus, NY
Profession: Registered Professional Nurse; Lic. No. 747960; Cal. No. 31327
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.
Summary: Licensee did not contest the charge of verbal abuse of a patient.

Charmaine Jeannette Kelley; Troy, NY
Profession: Licensed Practical Nurse; Lic. No. 238165; Cal. No. 31230
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.
Summary: Licensee admitted to the charge of having been convicted of Petit Larceny.

Christa Marie Kelsey; Canandaigua, NY
Profession: Registered Professional Nurse; Lic. No. 662743; Cal. No. 31096
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $750 fine.
Summary: Licensee admitted to the charge of having failed to adequately treat a patient; failed to adequately complete patient checks; and failed to adequately document patient record.

Patricia Jean Kendall a/k/a Patricia J. Kendall-Cargill; Brockport, NY
Profession: Registered Professional Nurse, Nurse Practitioner (Family Health); Lic. No. 452646, Cert. No. 334642; Cal. Nos. 31116, 31117
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.
Summary: Licensee admitted to the charge of having been convicted of Criminal Contempt in the 2nd Degree.

Julia Margaret Lecomte a/k/a Julia Margaret Visciarelli; Albany, NY
Profession: Registered Professional Nurse; Lic. No. 336533; Cal. No. 31214
Regents Action Date: December 10, 2019 (See also November 2015)
Action: Application for consent order granted; Penalty agreed upon: 3 years stayed suspension, 3 years probation, $500 fine.
Summary: Licensee admitted to the charge of having been convicted of Driving While Intoxicated.

Scott David Leuthe; West Seneca, NY
Profession: Registered Professional Nurse, Nurse Practitioner (Adult Health); Lic. No. 455930, Cert. No. 302555; Cal. Nos. 30404, 30405
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 3 months actual suspension, 21 months stayed suspension, upon return to practice, 2 years probation,  $5,000 fine.
Summary: Licensee admitted to the charge of having been convicted of Tax Evasion.

Erika Lashawn Lofton; Rochester, NY
Profession: Licensed Practical Nurse; Lic. No. 313147; Cal. No. 31403
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 months actual suspension, 22 months stayed suspension, upon return to practice, 2 years probation.
Summary: Licensee did not contest the charge of willfully harassing, abusing or intimidating a patient.

Susan Michalak; Lake Luzerne, NY
Profession: Licensed Practical Nurse; Lic. No. 178776; Cal. No. 31389
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.
Summary: Licensee admitted to the charge of failure to maintain accurate records.

Andrew John Montemurro; Levittown, NY
Profession: Licensed Practical Nurse; Lic. No. 320910; Cal. No. 30245
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.
Summary: Licensee did not contest the charge of using a physician-colleague’s DEA number to order a non-controlled medicaiton for himself.

Marivic P. Pacumio; South San Francisco, CA
Profession: Registered Professional Nurse; Lic. No. 446403; Cal. No. 30870
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, upon return to practice in the State of New York, 2 years probation,  $500 fine.
Summary: Licensee did not contest charges of administering the controlled drug Demerol 50 mg. and the non-controlled drug Phenergan 25 mg. intravenously to a patient, when they were ordered to be administered intramuscularly by said patient’s physician and falsely documenting in the patient’s medical record the administration of Demerol 50 mg. and Phenergan 25 mg. intramuscularly after administering the medications to the patient intravenously.

Elizabeth Pichardo; Rochester, NY
Profession: Registered Professional Nurse; Lic. No. 687835; Cal. No. 31369
Regents Action Date: December 10, 2019
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 medication administration errors.

Jennifer Lynn Race; Canandaigua, NY
Profession: Licensed Practical Nurse; Lic. No. 299692; Cal. No. 31344
Regents Action Date: December 10, 2019
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.

Elaine Mary Stich; Rochester, NY
Profession: Registered Professional Nurse; Lic. No. 466450; Cal. No. 31228
Regents Action Date: December 10, 2019
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 Aggravated Driving While Intoxicated.

Michael Harris Trudeau a/k/a Michael H. Trudeau; Ogdensburg, NY
Profession: Licensed Practical Nurse; Lic. No. 312923; Cal. No. 31414
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 6 months actual suspension, 18 months stayed suspension, upon return to practice, 2 years probation , $1,000 fine.
Summary: Licensee did not contest the charge of practicing with moral unfitness.

Shannon M. Whitmarsh a/k/a Shannon M. Bernhardt a/k/a Shannon Bredesen; Farmington, NY
Profession: Licensed Practical Nurse; Lic. No. 271781; Cal. No. 31373
Regents Action Date: December 10, 2019 (See also July 2012)
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.
Summary: Licensee admitted to the charge of documentation errors and failing to follow proper medication destruction procedures.

 

Pharmacy

Kerry Dwight Hall; Brooklyn, NY
Profession: Pharmacist; Lic. No. 050480; Cal. No. 31461
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: $10,000 fine.
Summary: Licensee admitted to the charge of, as the supervising pharmacist, failing to adequately supervise a registered pharmacy.

John P. Maffucci; Somers, NY
Profession: Pharmacist; Lic. No. 034821; Cal. No. 31361
Regents Action Date: December 10, 2019 (See also September 2010)
Action: Application for consent order granted; Penalty agreed upon: 3 years actual suspension, Upon return to practice, 3 years probation, $1,000 fine.
Summary: Licensee admitted to charges of having been convicted of Criminal Diversion of Prescription Medications and Prescriptions in the 4th Degree, a class A misdemeanor.

Joseph Pierro; West Hampton Beach, NY
Profession: Pharmacist; Lic. No. 031912; Cal. No. 31245
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.
Summary: Licensee admitted to the charge of maintaining the pharmacy in an unsanitary condition with dust and dog hair all over, allowing access to the pharmacy to unlicensed persons, and holding in stock expired drugs.

Sharp Drugs, Inc. d/b/a Island Drug and Surgical; West Hampton Beach, NY
Profession: Pharmacy; Reg. No. 016876; Cal. No. 31244
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 year probation, $5,000 fine.
Summary: Registrant admitted to the charge of maintaining the pharmacy in an unsanitary condition with dust and dog hair all over, allowing access to the pharmacy to unlicensed persons, and holding in stock expired medical supplies.

Mark Kelso Taylor; Galloway, NJ
Profession: Pharmacist; Lic. No. 061550; Cal. No. 31358
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: Censure and reprimand, 1 year probation, $2,500 fine.
Summary: Licensee did not contest the charge of finding of professional misconduct by the Alabama State Board of Pharmacy for committing gross negligence, which if committed in New York State, would constitute professional misconduct for practicing the profession of pharmacy with gross negligence on a particular occasion, in violation of Section 6509(2) of the New York Education Law.

 

Physical Therapy

Nathan Brant; Buffalo, NY
Profession: Physical Therapist; Lic. No. 033033; Cal. No. 31251
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.
Summary: Licensee admitted to the charge of having been convicted of Driving While Intoxicated and Aggravated Unlicensed Operation of a Motor Vehicle in the 2nd Degree.

Mary E. Whelan a/k/a Mary Glynn; Madison, NJ
Profession: Physical Therapist; Lic. No. 022529; Cal. No. 29763
Regents Action Date: December 10, 2019
Action: Application to surrender license granted.
Summary: Licensee admitted to the charge of having committed professional misconduct in New Jersey.

 

Public Accountancy

Edward Richardson Jr.; Southfield, MI
Profession: Certified Public Accountant; Lic. No. 111609; Cal. No. 30868
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation, $2,500 fine.
Summary: Licensee admitted to charges of, the United States Securities and Exchange Commission (SEC) and PCAOB each issued an Order against him in which he consented to being denied the privilege of appearing and practicing before the Commission as an accountant and to being permanently barred from being an associated person of a PCAOB registered public accounting firm.

 

Social Work

Brittanie L. Root; Whitehall, NY
Profession: Licensed Master Social Worker; Lic. No. 097590; Cal. No. 31384
Regents Action Date: December 10, 2019
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.
Summary: Licensee did not contest the charge of revealing personally identifiable information.

 

Veterinary Medicine

William C. Lerner; Alden, NY
Profession: Veterinary Technician; Lic. No. 000692; Cal. No. 31551
Regents Action Date: December 10, 2019
Action: Application to surrender license granted.
Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 2nd Degree.

 

 

For further information: dplsdsu@nysed.gov

Last Updated: January 21, 2020