Regents Actions in 77 Professional Discipline Cases and 2 Restoration Petitions

The Board of Regents announced disciplinary actions resulting in the surrender of 23 licenses and 1 certificate, and 53 other disciplinary actions, including 1 reconsideration. The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 2 restoration petitions.

I. SURRENDERS

Dentistry

James Theodore Strychalski; Dentist, Dental General Anesthesia; Dunkirk, NY 14048; Lic. No. 024679, Cert. No. 000196; Cal. Nos. 27307, 27308; Application to surrender license and certificate granted. Summary: Licensee admitted to the charge of failing to provide appropriate emergency care in a timely manner.

Martin Eshkov; Dentist; Inverness, FL 34452; Lic. No. 021442; Cal. No. 27620; Application to surrender license granted. Summary: Licensee admitted to charges of failing to document, while treating a patient, any periodontal charting; the conditions of periodontium and soft tissue; the medical history for said patient; any other pathologies; and failing to obtain informed consent from said patient.

Meredith Marie Knodel; Dental Hygienist; Denver, CO 80205; Lic. No. 026406; Cal. No. 27693; Application to surrender license granted. Summary: Licensee admitted to the charge of practicing dental hygiene while having an expired license in the State of Colorado.

Betty J. Mason; Dental Hygienist; Indianapolis, IN 46278; Lic. No. 017278; Cal. No. 27694; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted in California of Grand Theft and Driving under the Influence of Alcohol.

Nursing

Gloria F. Augenstein; Licensed Practical Nurse; Middle Island, NY 11953; Lic. No. 109900; Cal. No. 27073; Application to surrender license granted. Summary: Licensee could not successfully defend against the charge of administering a placebo to a patient without a physician’s order to do so when she was not licensed or otherwise authorized to practice any profession whose members could lawfully write prescriptions.

Deborah McGraw Bernard; Registered Professional Nurse; Fulton, NY 13069; Lic. No. 236995; Cal. No. 27485; Application to surrender license granted. Summary: Licensee admitted to the charge of having committed medication administration errors.

Anne T. Riley; Registered Professional Nurse; Amsterdam, NY 12010; Lic. No. 282109; Cal. No. 27543; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Falsifying Business Records in the 2^nd Degree, Conspiracy in the 6^th Degree, and Driving While Intoxicated.

Donald G. Waite a/k/a Donald Grant Waite; Registered Professional Nurse; Garden Grove, CA 92845-2806; Lic. No. 272113; Cal. No. 27573; Application to surrender license granted. Summary: Licensee did not contest the charge of practicing the profession of nursing while the ability to practice was impaired by drugs.

LeaRae Sauter; Licensed Practical Nurse; Niagara Falls, NY 14304-4123; Lic. No. 299621; Cal. No. 27583; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Petit Larceny.

Jo Ann Ullstrom Mickles a/k/a Jo Ann Mickles a/k/a Joann Ullstrom; Registered Professional Nurse; Los Osos, CA 93402-1227; Lic. No. 186016; Cal. No. 27586; Application to surrender license granted. Summary: Licensee did not contest charges of having been convicted in California on two occasions of Driving Under the Influence, a misdemeanor.

Junetta Jenkins; Licensed Practical Nurse; Rochester, NY 14606; Lic. No. 287526; Cal. No. 27595; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of one count of Willful Violation of Health Laws.

Lisa Sue Metcalf a/k/a Lisa Labadee; Licensed Practical Nurse; Oakfield, NY 14125; Lic. No. 300145; Cal. No. 27615; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Willful Violation of Health Laws.

Mary Lee Delate; Registered Professional Nurse; Fort Lauderdale, FL 33312; Lic. No. 629268; Cal. No. 27621; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Conspiracy to Possess with Intent to Distribute Marijuana, a felony.

Suzette Guzman; Licensed Practical Nurse; Albany, NY 12203-2314; Lic. No. 316828; Cal. No. 27638; Application to surrender license granted. Summary: Licensee did not contest charges of having been convicted of Identity Theft in the 2^nd Degree and Scheme to Defraud.

Carol Audrey Seitz a/k/a Carol Audrey Grube; Registered Professional Nurse; Patchogue, NY 11772; Lic. No. 637873; Cal. No. 27691; Application to surrender license granted. Summary: Licensee did not contest allegations of diverting the controlled substance Dilaudid and the non-controlled substance Benadryl from the hospital supply for her own use.

Pharmacy

Harold P. Steenwerth; Pharmacist; Linden, NJ 07036-3609; Lic. No. 031064; Cal. No. 27409; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Attempted Murder in the 2^nd Degree, a class B felony; Assault in the 1^st Degree, a class C felony; and Criminal Possession of a Weapon in the 4^th Degree, a class A misdemeanor.

Harry Abolafia; Pharmacist; San Antonio, TX 78229; Lic. No. 028033; Cal. No. 27562; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Conspiracy in the 4^th Degree, a class E felony.

Roy David Katz; Pharmacist; Richfield, MN 55423-1669; Lic. No. 034137; Cal. No. 27633; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of a crime in Connecticut which, if committed in New York, would constitute Health Care Fraud.

Public Accountancy

David T. Svoboda; Certified Public Accountant; Bohemia, NY 11716; Lic. No. 083271; Cal. No. 27622; Application to surrender license granted. Summary: Licensee admitted to the charge of voluntarily consenting to a bar (suspension) from further association with any public accounting firm registered with the Public Company Accounting Oversight Board (PCAOB) where the conduct resulting in said suspension, if committed in New York, would constitute professional misconduct in New York State.

Social Work

Brian John Reilly a/k/a Brian J. Reilly; Licensed Master Social Worker; Albertson, NY 11507; Lic. No. 048499; Cal. No. 27574; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Menacing a Police Officer, a class D felony, and Menacing in the 2^nd Degree, a class A misdemeanor.

Veterinary Medicine

Gopal K. Beri; Veterinarian; Queens, NY 11104; Lic. No. 004190; Cal. No. 27411; Application to surrender license granted. Summary: Licensee admitted to charges of dispensing Meloxicam 15 mg., an excessive dosage of said non-controlled medication, to an 18 lb. poodle; failing to diagnose and treat said dog for gastrointestinal bleeding; and failing to instruct the owner to discontinue the aforesaid Meloxicam 15 mg.

Sayed Sultan Masood; Veterinarian; South Riding, VA 20152; Lic. No. 008647; Cal. No. 27618; Application to surrender license granted. Summary: Licensee did not contest charges of administering the non-controlled corticosteroid medication Prednisone to a canine, when there was significant information contained within said canine’s medical records indicating that corticosteroids were contra-indicated for said canine; failing to provide appropriate therapy for said canine’s diabetes mellitus; and failing to provide appropriate diagnostics to rule out heart disease in said canine.

Jeffrey Levy; Veterinarian; Williamsburg, MA 01096; Lic. No. 004682; Cal. No. 27692; Application to surrender license granted. Summary: Licensee admitted to the charge of failing to meet the required continuing professional educations credits as a condition for license renewal of his license to practice as a veterinarian in the State of Massachusetts.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Clinical Laboratory Technology Practice

Abigail Frances Gimino; Clinical Laboratory Technologist; Rochester, NY 14624; Lic. No. 013405; Cal. No. 27332; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Dentistry

Julie Anne Stiegler-Miszuk; Dental Hygienist; Cheektowaga, NY 14227; Lic. No. 019234; Cal. No. 27055; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, probation 1 year to commence upon return to practice.

Jonathan S. Aives; Dentist; Stamford, NY 12167; Lic. No. 035738; Cal. No. 27434; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

Massage Therapy

Eric Warmuth; Marcy, NY 13403; Lic. No. 025778; Cal. No. 27349; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Nursing

Miriam Ann Miller a/k/a Miriam A. Miller; Registered Professional Nurse; Greenwood Lake, NY 10925; Lic. No. 440981; Cal. No. 26602; Found guilty of professional misconduct; Penalty: $500 fine to be paid within 6 months, indefinite suspension until alcohol abuse-free and until fit to practice, probation 2 years to commence  subsequent to termination of suspension and upon actual return to practice.

Andrea C. Hill; Licensed Practical Nurse; Freeport, NY 11520; Lic. No. 278339; Cal. No. 27051; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation to commence upon return to practice.

Kimberly A. Young a/k/a Kimberly Young; Licensed Practical Nurse; Walton, NY 13856; Lic. No. 296646; Cal. No. 27066; Found guilty of professional misconduct; Penalty: $500 fine to be paid within 6 months, indefinite suspension for a minimum of 3 months and until substance abuse-free and until fit to practice, probation 2 years to commence subsequent to termination of suspension and upon actual return to practice.

Alan L. Stevens; Licensed Practical Nurse, Registered Professional Nurse; Niagara Falls, NY 14304; Lic. Nos. 258713, 509205; Cal. Nos. 27117, 27116; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Andrea L. Popiel; Licensed Practical Nurse; Little Falls, NY 13365; Lic. No. 248857; Cal. No. 27133; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Erin A. Marra; Licensed Practical Nurse; Turin, NY 13473; Lic. No. 281559; Cal. No. 27272; Found guilty of professional misconduct; Penalty: $500 fine to be paid within 6 months, indefinite suspension for a minimum of 3 months and until substance abuse-free and until fit to practice, probation 2 years to commence subsequent to termination of suspension and upon actual return to practice.

Melissa Ann Deming; Registered Professional Nurse; Wellsville, NY 14895-9452; Lic. No. 609846; Cal. No. 27281; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.

Debra Lynn Mattoon; Licensed Practical Nurse; Medina, NY 14103-1541; Lic. No. 300437; Cal. No. 27313; Found guilty of professional misconduct; Penalty: $500 fine to be paid within 6 months, indefinite suspension for a minimum of 3 months and until fit to practice, probation 2 years to commence subsequent to termination of suspension and upon actual return to practice.

Matthew Shane Rivenburgh; Licensed Practical Nurse, Registered Professiona Nurse; Tivoli, NY 12583; Lic. Nos. 215726, 431091; Cal. Nos. 27321, 27322; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Janet L. Erickson; Registered  Professional Nurse; Pittsford, NY 14534; Lic. No. 508270; Cal. No. 27336; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Todd Eric Walter; Licensed Practical Nurse, Registered Professional Nurse; Getzville, NY 14068-1106; Lic. Nos. 285647, 585660; Cal. Nos. 27341, 27342; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Robert E. Keenan; Licensed Practical Nurse; Buffalo, NY 14225-3728; Lic. No. 310424; Cal. No. 27343; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

Trisha Lynn Vanslyke-Pasco a/k/a Trisha V. Pasco; Registered Professional Nurse; Waterville, NY 13480; Lic. No. 631963; Cal. No. 27355; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Deshia G. Scott a/k/a Deshia G. Williams; Licensed Practical Nurse; Latham, NY 12110; Lic. No. 292326; Cal. No. 27359; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Susan Emily Farrow; Registered Professional Nurse; Schenectady, NY 12303; Lic. No. 435923; Cal. No. 27370; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Elizabeth Anne Roman; Licensed Practical Nurse, Registered Professional Nurse; Poughkeepsie, NY 12601; Lic. Nos. 139277, 534864; Cal. Nos. 27375, 27376; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 24 months probation to commence upon return to practice.

Sheryl L. Rowe a/k/a Sheryl Goodman; Licensed Practical Nurse; Rochester, NY 14623; Lic. No. 266775; Cal. No. 27394; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Cynthia A. Moore a/k/a Cynthia A. Beckhorn; Licensed Practical Nurse, Registered Professional Nurse; Rochester, NY 14623; Lic. Nos. 192486, 412762; Cal. Nos. 27395, 27396; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Lyn Marie Rausch a/k/a Lyn M. Rausch a/k/a Lyn Rausch; Registered Professional Nurse; Selden, NY 11784; Lic. No. 558461; Cal. No. 27399; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Adelma Garcia; Licensed Practical Nurse; New York, NY 10037-3418; Lic. No. 170102; Cal. No. 27406; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation to commence upon return to practice.

Jennifer M. Smith; Licensed Practical Nurse; Elmira Heights, NY 14903; Lic. No. 266686; Cal. No. 27417; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 6 months and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 3 months.

Lisa Marie Kabalan a/k/a Lisa Marie Kunze; Licensed Practical Nurse, Registered Professional Nurse; North Tonawanda, NY 14120; Lic. Nos. 205022, 424962; Cal. Nos. 27420, 27421; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Lorena Pallotta; Licensed Practical Nurse; Croghan, NY 13327; Lic. No. 252895; Cal. No. 27422; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $500 fine payable within 3 months.

Deborah Ann Ballou; Registered Professional Nurse; Hamburg, NY 14075; Lic. No. 574553; Cal. No. 27431; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Brandon Wyche; Registered Professional Nurse; Bradford, PA 16701; Lic. No. 653181; Cal. No. 27440; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Doreen M. Varrichio-Prine; Registered Professional Nurse; Hicksville, NY 11801; Lic. No. 279417; Cal. No. 27471; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation.

Jodie DeFato; Licensed Practical Nurse; Mastic Beach, NY 11951; Lic. No. 269326; Cal. No. 27472; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Lauren E. Ciejka; Licensed Practical Nurse; Deer Park, NY 11729; Lic. No. 182198; Cal. No. 27474; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Danielle Maureen Disciullo; Registered Professional Nurse; Eastchester, NY 10709; Lic. No. 529882; Cal. No. 27477; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation to commence upon return to practice, $1,000 fine payable within 2 months.  

Jorge A. Jurado; Registered Professional Nurse; Huntington Station, NY 11746-2403; Lic. No. 637355; Cal. No. 27483; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Elaine Patricia Young; Registered Professional Nurse; Castleton-on-Hudson, NY 12033; Lic. No. 473201; Cal. No. 27503; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year  probation to commence upon return to practice, $500 fine.

Thomas Dunleavy Smith; Registered Professional Nurse; Arlington, TX 76014; Lic. No. 615317; Cal. No. 27511; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence upon return to practice in State of New York, $1,000 fine payable within 90 days.

Ophthalmic Dispensing

Chris J. Denis; Rochester, NY 14623; Lic. No. 006258; Cal. No. 27507; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Pharmacy

Daniel Carl  Marcello; Pharmacist; Lindenhurst, NY 11757; Lic. No. 048196; Cal. No. 26809; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Samantha G. Wanke; Pharmacist; Cooperstown, NY 13326; Lic. No. 037347; Cal. No. 27427; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 1 year probation to commence upon return to practice.

Physical Therapy

Judith Ann McLaud; Physical Therapist; Rochester, NY 14620; Lic. No. 005957; Cal. No. 27428; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Public Accountancy

Philip C. Kempisty; Certified Public Accountant; New York, NY 10038; Lic. No. 032762; Cal. No. 26859; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation, $5,000 fine.

Kempisty & Company, Certified Public Accountants, P.C.; 15 Maiden Lane - Suite 1002, New York, NY 10038; Cal. No. 26860; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 5 months.

Speech-Language Pathology and Audiology

Kimberly A. Bussey, Speech-Language Pathologist; Canandaigua, NY 14424; Lic. No. 015462; Cal. No. 27466; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.

Veterinary Medicine

Nagy N. Nasr; Veterinarian; Staten Island, NY 10312; Lic. No. 008919; Cal. No. 26340; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation to commence upon return to practice, $2,500 fine payable within 3 months.

Joseph Imre Deme; Veterinarian; Port Washington, NY 11050; Lic. No. 007883; Cal. No. 26420; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

James R. Robinson; Veterinarian; Corfu, NY 14036; Lic. No. 003771; Cal. No. 27441; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

III. RECONSIDERATION

Julia A. Jordan; Registered Professional Nurse; Bellmore, NY 11710; Lic. No. 293284; Cal. No. 27401; Application for reconsideration granted: Vote & Order under Cal. No. 26888 modified, Term of Probation numbered four amended.

IV. RESTORATIONS

The Board of Regents voted on September 16, 2014 to deny the application for restoration of the physician license of Alexander Sporn, Kew Gardens, NY.  Dr. Sporn’s license was originally revoked October 25, 2001.

The Board of Regents voted on September 16, 2014 to stay the execution of the order of surrender of the licensed clinical social worker license of Madge E. Flynn, Fayetteville, NY, to place her on probation for 5 years under specified terms and conditions, and upon successful completion of probation, to fully restore her license.  Ms. Flynn’s license was originally surrendered December 9, 2005.