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Enforcement Actions

Searching for Summaries

Summary information of disciplinary actions taken against licensees, professional practice business entities, and pharmacy establishments by the Board of Regents in New York State since January 1, 1994, can be searched below by year, month, and profession. You may also search for an individual’s, entity’s or establishment’s status, and any applicable enforcement actions, with our Online Verification Search. Applicable disciplinary information will be listed under the Enforcement Actions tab within the search results.


In New York State, professional misconduct in all the professions (except that by physicians, physician assistants and specialist assistants, which is investigated and prosecuted by the Office of Professional Medical Conduct (OPMC) of the Department of Health) is investigated and prosecuted by the New York State Education Department's Office of the Professions. The Board of Regents, which also has responsibility for licensure in all the professions, is responsible for the final disposition of all disciplinary matters except those handled by OPMC.


Information on pre-1994 Regents Actions is available by phone: 518-474-3817, ext. 330; fax: 518-473-0578; e-mail: dplsdsu@nysed.gov, or by writing to the Office of the Professions.


By reviewing this material, the user accepts the terms, conditions and limitations under which this information is supplied.

February 1997

Nursing

DEBRA LEE HAYES (A/K/A DOBSON DEBRA LEE); DANBURY, CT

Profession: Licensed Practical Nurse; Lic. No. 125812; Cal. No. 16377 16378

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine, 50 hours of public service.
Summary: Licensee admitted to charges of a conviction of Petit Larceny, a Class A Misdemeanor.

ELLEN APRIL KING (A/K/A CARRON ELLEN APRIL); UTICA, NY

Profession: Licensed Practical Nurse; Lic. No. 165371; Cal. No. 15183

Regents Action Date: February 04, 1997
Action: Revocation.
Summary: Licensee was found guilty of failure to comply with terms of probation.

ELAINE S MALECKI (A/K/A PHILLIPS ELAINE SMITH); WHITESBORO, NY

Profession: Registered Professional Nurse; Lic. No. 192493; Cal. No. 15387 15386

Regents Action Date: February 04, 1997
Action: Indefinite suspension, for not less than six months, until terminated as set forth in consent order application probation 2 years.
Summary: Licensee did not contest charges of failing to properly account for and/or dispose of medications on a medication cart and removing and possessing medications without authorization.

DEBRA K MARABLE; PEEKSKILL, NY

Profession: Licensed Practical Nurse; Lic. No. 136775; Cal. No. 16374

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.
Summary: Licensee admitted to a conviction of Petit Larceny, a Class A Misdemeanor.

ANN MARIE MARGOLIS (A/K/A BERGER ANN MARIE, ILIC ANN MARIE); FAYETTEVILLE, NY

Profession: Registered Professional Nurse; Lic. No. 287072; Cal. No. 16330

Regents Action Date: February 04, 1997
Action: Indefinite suspension, for not less than six months, until terminated as set forth in consent order application upon termination of suspension, probation 2 years to commence upon return to practice.
Summary: Licensee admitted to charges of diverting a controlled substance for her personal use.

ROBIN T MCDONALD; PORT BYRON, NY

Profession: Licensed Practical Nurse; Lic. No. 197018; Cal. No. 16436 16437

Regents Action Date: February 04, 1997
Action: 18 month suspension, probation 2 years.
Summary: Licensee admitted to charges of submitting overtime notices indicating work was performed that in fact was not performed and forging the name of her supervisor on the forms.

ROBIN T MCDONALD; PORT BYRON, NY

Profession: Registered Professional Nurse; Lic. No. 408785; Cal. No. 16436 16437

Regents Action Date: February 04, 1997
Action: 18 month suspension, probation 2 years.
Summary: Licensee admitted to charges of submitting overtime notices indicating work was performed that in fact was not performed and forging the name of her supervisor on the forms.

JOAN HOFFMAN MCGARRY; SNYDER, NY

Profession: Registered Professional Nurse; Lic. No. 126536; Cal. No. 16440

Regents Action Date: February 04, 1997
Action: Censure and Reprimand, $500 fine.
Summary: Licensee admitted to charges of administering the wrong dose of Vincristine and failing to record the administration.

LYMAN ADRIAN MCINTYRE; MARTVILLE, NY

Profession: Registered Professional Nurse; Lic. No. 469512; Cal. No. 16068

Regents Action Date: February 04, 1997
Action: $1,000 fine, probation 3 years.
Summary: Licensee admitted to charges of submitting a written statement in connection with an application for licensure indicating that he had no prior or current arrests or convictions other than two previously acknowledged by him, when he knew that he had been convicted of the additional crime of Obstructing Governmental Administration in the Second Degree, a Class A Misdemeanor.

EVELYN GONZALES MENDOZA (A/K/A GONZALES EVELYN DONATO); MOHEGAN LAKE, NY

Profession: Registered Professional Nurse; Lic. No. 355351; Cal. No. 16347

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.
Summary: Licensee admitted to convictions of Conspiracy to Steal Government Property and Theft of Government Property.

DEBRA LEE MURPHY (A/K/A HAYES DEBRA LEE); DANBURY, CT

Profession: Registered Professional Nurse; Lic. No. 415563; Cal. No. 16377 16378

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine, 50 hours of public service.
Summary: Licensee admitted to charges of a conviction of Petit Larceny, a Class A Misdemeanor.

JOANNE M NAPIORKOWSKI (A/K/A NAPIONKOWSKI JOANNE MARIE, BOERSCHIG JOANNE MARIE); HAMBURG, NY

Profession: Licensed Practical Nurse; Lic. No. 217346; Cal. No. 14910

Regents Action Date: February 04, 1997
Action: 1 year suspension, execution of suspension stayed, probation 1 year, 100 hours of public service.
Summary: Licensee was convicted of the charge of Attempted Petit Larceny, a Class B Misdemeanor.

LAURA A PEPPER; BROCTON, NY

Profession: Registered Professional Nurse; Lic. No. 464175; Cal. No. 16271

Regents Action Date: February 04, 1997
Action: Application to surrender license granted.
Summary: Licensee admitted to a conviction of Attempted Criminal Sale of a Controlled Substance in the Third Degree, a Class C Felony.

JOHANNA M PEREIRA; ROCHESTER, NY

Profession: Registered Professional Nurse; Lic. No. 341329; Cal. No. 16195 16196

Regents Action Date: February 04, 1997
Action: Indefinite suspension, for not less than three months, until terminated as set forth in consent order application upon termination of suspension, probation 3 years, $500 fine.
Summary: Licensee admitted to charges of having been convicted of the crime of Attempted Criminal Possession of a Hypodermic Instrument and obtaining controlled substances for her own use.

JOHANNA M PEREIRA; ROCHESTER, NY

Profession: Licensed Practical Nurse; Lic. No. 108012; Cal. No. 16195 16196

Regents Action Date: February 04, 1997
Action: Indefinite suspension, for not less than three months, until terminated as set forth in consent order application upon termination of suspension, probation 3 years, $500 fine.
Summary: Licensee admitted to charges of having been convicted of the crime of Attempted Criminal Possession of a Hypodermic Instrument and obtaining controlled substances for her own use.

KATHLEEN MARY PHILIPPI (A/K/A MCGARVEY KATHLEEN M); VALLEY STREAM, NY

Profession: Registered Professional Nurse; Lic. No. 340702; Cal. No. 15906

Regents Action Date: February 04, 1997
Action: $500 fine, suspension until terminated as set forth in Regents Review Committee Report - upon termination of suspension, probation 2 years.
Summary: Licensee was found guilty of charges of falsely obtaining controlled substances for her own use.

THOMAS SEWASTYNOWICZ; BUFFALO, NY

Profession: Registered Professional Nurse; Lic. No. 315602; Cal. No. 16297 16298

Regents Action Date: February 04, 1997
Action: Indefinite suspension until terminated as set forth in consent order application upon termination of suspension, probation 3 years to commence upon return to practice, 50 hours of public service.
Summary: Licensee admitted to a conviction of the crime of Unlawfully Acquiring Schedule II and Schedule IV Controlled Substances.

THOMAS SEWASTYNOWICZ; BUFFALO, NY

Profession: Licensed Practical Nurse; Lic. No. 130232; Cal. No. 16297 16298

Regents Action Date: February 04, 1997
Action: Indefinite suspension until terminated as set forth in consent order application upon termination of suspension, probation 3 years to commence upon return to practice, 50 hours of public service.
Summary: Licensee admitted to a conviction of the crime of Unlawfully Acquiring Schedule II and Schedule IV Controlled Substances.

EMILY J SMALDONE; COLD BROOK, NY

Profession: Registered Professional Nurse; Lic. No. 221058; Cal. No. 14221

Regents Action Date: February 04, 1997
Action: Application to surrender license granted.
Summary: Licensee did not contest charges of presenting for filling a prescription for Ativan 2mg, after changing the maximum daily dosage from one to two.

ANN C TOWERS; RONKONKOMA, NY

Profession: Licensed Practical Nurse; Lic. No. 120903; Cal. No. 16307 16308

Regents Action Date: February 04, 1997
Action: Indefinite suspension until terminated as set forth in consent order application upon termination of suspension, probation 3 years to commence upon return to practice, $500 fine.
Summary: Licensee admitted to charges of forging prescription blanks improperly obtained from her employer.

Pharmacy

JAMES MICHAEL CANNELLA; AUBURNDALE, NY

Profession: Pharmacist; Lic. No. 035997; Cal. No. 16274

Regents Action Date: February 04, 1997
Action: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.
Summary: Licensee admitted to charges of a conviction of Criminal Possession of a Controlled Substance in the Seventh degree.

CHARLES F CIVIELLO; BROOKLYN, NY

Profession: Pharmacist; Lic. No. 028200; Cal. No. 15519

Regents Action Date: February 04, 1997
Action: 1 year suspension, execution of suspension stayed, probation 2 years, $5,000 fine.
Summary: Licensee did not contest charges of negligent billing errors.

BEVERLY KIRSITS GIBBS (A/K/A KIRSITS BEVERLY A); WELLSVILLE, NY

Profession: Pharmacist; Lic. No. 027896; Cal. No. 16076

Regents Action Date: February 04, 1997
Action: Indefinite suspension until terminated as set forth in consent order application - upon termination of suspension, probation 2 years, $1,000 fine.
Summary: Licensee admitted to charges of diverting a controlled substance for her own use.

NASIR YOUSUF GORE (A/K/A GORE NASIR Y, YOUSUF NASIR); STATEN ISLAND, NY

Profession: Pharmacist; Lic. No. 034360; Cal. No. 15669

Regents Action Date: February 04, 1997
Action: 6 month suspension, $2,500 fine, probation 2 years.
Summary: Licensee was convicted of Unlawful Dispensing, an unclassified misdemeanor.

H & L TOPCHIK, INC.; OCEANSIDE, NY

Profession: Pharmacy; Reg. No. 018529; Cal. No. 16322

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.
Summary: Licensee admitted having outdated and sample drugs, as well as overfilled drug containers in the drug stock.

QUAILE PHARMACY CO., INC.; SEAFORD, NY

Profession: Pharmacy; Reg. No. 018922; Cal. No. 14742

Regents Action Date: February 04, 1997
Action: $5,000 fine, probation 2 years.
Summary: Licensee admitted to charges of routinely dispensing and refilling medications without prescriptions and refilling prescriptions in excess of the authorized number of refills.

HOWARD TOPCHIK; BELLMORE, NY

Profession: Pharmacist; Lic. No. 021317; Cal. No. 16323

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.
Summary: Licensee admitted to the charges of, where he was supervising pharmacist, having outdated drugs in the drug stock, sample drugs in the drug stock which were dispensed and overfilled drug containers in the drug stock.

GERARD T ZIMMERMANN; MASSAPEQUA, NY

Profession: Pharmacist; Lic. No. 033116; Cal. No. 14741

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of last 23 months of suspension stayed, probation 2 years, $5,000 fine.
Summary: Licensee admitted to charges of routinely dispensing and refilling medications without prescriptions and refilling prescriptions in excess of the authorized number of refills.

Public Accountancy

WALTER J BIESIADA JR; SALISBURY, MD

Profession: Certified Public Accountant; Lic. No. 035091; Cal. No. 16043

Regents Action Date: February 04, 1997
Action: 1 year suspension, execution of last 6 months of suspension stayed, probation 6 months, $5,000 fine.
Summary: Licensee was found guilty of failing to furnish, upon request, books and records of a client, including the cash receipts journal, the cash disbursements journal, the general ledger and depreciation schedules.

JOSEPH GERARD ROUSE; BELLE TERRE, NY

Profession: Certified Public Accountant; Lic. No. 059950; Cal. No. 16043

Regents Action Date: February 04, 1997
Action: 2 year suspension, execution of last 18 months of suspension stayed, probation 2 years.
Summary: Licensee admitted to a conviction of Bank Fraud and failure to return client records.