Summaries of Regents Actions
On Professional Misconduct and Discipline*
November 2008
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.
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 ofDriving While Intoxicated.
Massage Therapy
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.
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 (see also November 2008)
Action: Application for consent order granted;
Penalty agreed upon: 2 year stayed suspension, 2 years probation,
$500 fine.
Summary: Licensee did not contesthaving been
found by the Commissioner of Health to be in violation of Article
33 of the Public Health Law.
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 (see also February 2015)
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 (see also February 2015)
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.
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 (see also November 2015)
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.
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
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
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.
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