Regents Actions In 29 Professional Discipline Cases And 2 Restoration Petitions

The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 4 licenses, and 21 other disciplinary actions. 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. REVOCATIONS AND SURRENDERS

NURSING

Mary L. Reid; Licensed Practical Nurse; Freeport, NY 11520-2320; Lic. No. 142415; Cal. No. 23404; Found guilty of professional misconduct; Penalty: Revocation.

Georgeann S. Jenkins; Registered Professional Nurse; Rochester, NY 14606; Lic. No. 426501; Cal. No. 24344; Application to surrender license granted.  Summary: Licensee admitted to the charge of diverting large amounts of fentanyl.

Elizabeth Leonardo a/k/a Elizabeth Leonardo DeMatteo; Registered Professional Nurse; Delmar, NY 12054; Lic. No. 502097; Cal. No. 24910; Application to surrender license granted.  Summary: Licensee admitted to charges of providing false information, of having been convicted of Petit Larceny and Attempted Grand Larceny in the 4th Degree, and of failing to complete 2 terms of probation.

PHARMACY

Nirav Jitendra Shah; Pharmacist; Sunnyside, Queens, NY 11104; Lic. No. 046105; Cal. No. 24880; Application to surrender license granted.  Summary: Licensee could not successfully defend against the allegation that he, a co-owner, and the pharmacy billed the Medicaid program for furnishing pharmacy services to Medicaid recipients, while engaging in unacceptable practices including: buying back prescriptions that had been billed to Medicaid; diverting prescription drugs from lawful distribution; providing prescriptions in exchange for business referrals; and giving  incentive payments and gifts to Medicaid recipients from January 1, 2005 through December 31, 2007.

VETERINARY MEDICINE

Susan M. Irwin; Veterinary Technician; New Paltz, NY 12561; Lic. No. 001270; Cal. No. 24647; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Burglary in the 3rd Degree and Burglary in the 2nd Degree.

II. OTHER REGENTS DISCIPLINARY ACTIONS

CHIROPRACTIC

Frank Bello; Cliffside Park, NJ 07010; Lic. No. 009998; Cal. No. 24662; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 24 months probation, $3,000 fine.

DENTISTRY

Tolly Abraham Chovev; Cedarhurst, NY 11516; Lic. No. 038854; Cal. No. 23989; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, upon service of 1 year suspension or upon stay of execution of any unserved portion thereof upon satisfactory submission of certain documentation, 2 years probation to commence upon return to practice, $5,000 fine.

MASSAGE THERAPY

John C. Horkheimer; Liverpool, NY 13088; Lic. No. 014064; Cal. No. 24853; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation tolled until return to practice, $500 fine payable within 1 year.

NURSING

Marcus G. Ortiz a/k/a Marcus Ortiz; Licensed Practical Nurse; Bronx, NY 10469; Lic. No. 268699; Cal. No. 23753; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment, upon termination of suspension, 2 years probation to commence if and when return to practice.

Russell Daniel Leibstein; Licensed Practical Nurse; Sayville, NY 11782-1920; Lic. No. 292400; Cal. No. 24765; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

Tenesha Shanta Kelly-Roberts; Registered Professional Nurse; Freeport, NY 11520; Lic. No. 491143; Cal. No. 24814; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Lori Jean Ryan; Registered Professional Nurse; Miller Place, NY 11764; Lic. No. 489494; Cal. No. 24821; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Diane T. Davis; Licensed Practical Nurse; Pleasantville, NY 10570; Lic. No. 107109; Cal. No. 24826; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Catherine DeGregorio; Registered Professional Nurse; Queensbury, NY 12804; Lic. No. 469164; Cal. No. 24834; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 years and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Timothy G. Farrell; Licensed Practical Nurse; Penn Yan, NY 14527-1677; Lic. No. 217746; Cal. No. 24845; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Susan Ellen Hawkins; Licensed Practical Nurse, Registered Professional Nurse; Constable, NY 12926; Lic. Nos. 204753, 437374; Cal. Nos. 24863, 24864; Application for consent order granted; Penalty agreed upon: 9 month actual suspension, 15 month stayed suspension, 2 years probation to commence upon return to practice.

James Champlin; Licensed Practical Nurse; Gloversville, NY 12078; Lic. No. 282220; Cal. No. 24881; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

PHARMACY

Bharat Bhushan Mahadeo; Pharmacist; Richmond Hill, NY 11419; Lic. No. 049186; Cal. No. 24829; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment, upon termination of suspension, 2 years probation to commence if and when return to practice, $1,000 fine payable within 3 months.

Rite Aid of New York, Inc.; Pharmacy; 9738 Seaview Avenue, Brooklyn, NY 11236; Reg. No. 022670; Cal. No. 24849; Application for consent order granted; Penalty agreed upon: $10,000 fine, 2 years probation.

PHYSICAL THERAPY

Anthony P. Derrico; Physical Therapist Assistant; Cohoes, NY 12407; Cert. No. 003212; Cal. No. 24909; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

PODIATRY

Alan Jay Cantor; East Meadow, NY 11554; Lic. No. 004818; Cal. No. 24904; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.

PUBLIC ACCOUNTANCY

Bruce Hyrny; Certified Public Accountant; Glens Falls, NY 12801; Lic. No. 058210; Cal. No. 24892; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice, $500 fine.

Paul Garret Hannwacker; Certified Public Accountant; Plainview, NY 11803; Lic. No. 068701; Cal. No. 24952; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

RESPIRATORY THERAPY

John Stephen Obrotka; Respiratory Therapy Technician; Babylon, NY 11702-1216; Lic. No. 002889; Cal. No. 24669; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

VETERINARY MEDICINE

Paul D. Fish; Veterinarian; Merrick, NY 11566-5404; Lic. No. 004473; Cal. No. 24788; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

III. RESTORATIONS

The Board of Regents voted on February 9, 2010 to stay the surrender of the certified public accountant license of Jeffrey Alan Schwartz, New City, NY 10956, and to place him on probation for a period of two years under specified terms and conditions. Mr. Schwartz’s license was originally surrendered July 18, 2002. 

The Board of Regents voted on February 9, 2010 to modify the terms of probation imposed on Olga Benitez, Tenafly, NJ 07676, pursuant to the order of the Commissioner of Education dated May 16, 2007 with respect to her application for the restoration of herphysician license.