Regents Actions in 54 Professional Discipline Cases and 2 Restoration Petitions

January 22 - 23, 2018

The Board of Regents announced disciplinary actions resulting in the summary suspension of 1 license, revocation of 1 license, surrender of 18 licenses, and 32 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. SUMMARY SUSPENSION

Mental Health Practitioners

Brett Klersfeld; Licensed Mental Health Counselor; Canaan, NY 12029; Lic. No. 003523; Cal. No. 30287; Application for summary suspension granted.

II. REVOCATION AND SURRENDERS

Dentistry

Gilberto Apolinar Nuñez; Dentist; Altona, NY 12910-2090; Lic. No. 050655; Cal. No. 29376; Found guilty of professional misconduct; Penalty: Revocation.

Michael Kevin Oros; Dentist; Avon, NY 14414; Lic. No. 040155; Cal. No. 30170; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Attempted Grand Larceny in the 4th Degree.

Engineering, Land Surveying and Geology

Saiban Endra Mahamooth a/k/a Saiban Mahamooth; Professional Engineer; Somerset, NJ 08873; Lic. No. 082425; Cal. No. 30035; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Aggravated Harassment in the 2nd Degree, a class A misdemeanor.

Nursing

Barbara Ann Trujillo; Registered Professional Nurse; Spokane, WA 99205-7068; Lic. No. 448265; Cal. No. 29768; Application to surrender license granted. Summary: Licensee admitted to the charge of having been found guilty of professional misconduct in the State of California, where the conduct if committed in New York would constitute practicing the profession of nursing fraudulently and unprofessional conduct, failing to maintain accurate patient records.

Alana Thomas; Registered Professional Nurse; Corpus Christi, TX 78413; Lic. No. 507706; Cal. No. 29970; Application to surrender license granted. Summary: Licensee admitted to the charge of having been found guilty of professional misconduct in Texas, where the conduct if committed in New York would constitute unprofessional conduct, practicing the profession of nursing while the ability to practice is impaired by mental disability.

Mindy L. Davis; Licensed Practical Nurse; Syracuse, NY 13207; Lic. No. 303352; Cal. No. 30023; Application to surrender license granted. Summary: Licensee admitted to the charge of practicing the profession while license suspended.

Sharon Hart; Registered Professional Nurse; Northport, FL 34287-5434; Lic. No. 444908; Cal. No. 30046; Application to surrender license granted. Summary: Licensee did not contest the charge of finding of professional misconduct by the Florida Board of Nursing for being unable to practice nursing with reasonable skill and safety to patients by a result of any mental condition, which if committed in New York State, would constitute professional misconduct for practicing the profession of nursing while the ability to practice is impaired by a mental disability, in violation of section 6509(3) of the New York Education Law.

Todd Kaufman a/k/a Todd S. Kaufmann; Licensed Practical Nurse, Registered Professional Nurse; San Rafael, CA 94913-5701; Lic. Nos. 144631, 340012; Cal. Nos. 30048, 30059; Application to surrender licenses granted. Summary: Licensee admitted to the charge of having been found guilty of falsely representing on the internet being a certified nurse practitioner and an independent nurse practitioner, where the conduct if committed in New York, would constitute committing unprofessional conduct, offering to practice beyond the scope permitted by law.

Andrea Winebarger Royall; Registered Professional Nurse; Statesville, NC 28677; Lic. No. 570752; Cal. No. 30050; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of a California misdemeanor conviction for Driving While Intoxicated, which, if committed in New York, would also constitute the crime of Driving While Intoxicated, a misdemeanor.

Kathleen M. Daniels; Registered Professional Nurse; Cortland, NY 13045; Lic. No. 433322; Cal. No. 30075; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Petit Larceny; Criminal Possession of a Controlled Substance in the 7th Degree and diversion of controlled substances.

Yvette Chouloute; Licensed Practical Nurse; Roosevelt, NY 11575-2009; Lic. No. 188383; Cal. No. 30080; Application to surrender license granted. Summary: Licensee did not contest the charge of making false entries in a patient record which a certified nurses aide had left blank.

Catherine Marie Castelli; Registered Professional Nurse; Camden, DE 19934; Lic. No. 349090; Cal. No. 30125; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Delaware criminal convictions.

Lisa Vernon; Registered Professional Nurse; Whittier, CA 90603; Lic. No. 537877; Cal. No. 30126; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of California criminal conviction.

Lori Ann Barber; Licensed Practical Nurse; Sayre, PA 18840; Lic. No. 251401; Cal. No. 30144; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Possession of a Controlled Substance in the Commonwealth of Pennsylvania, a misdemeanor.

Kenneth Daniel Cross; Registered Professional Nurse; Mobile, AL 36695-7464; Lic. No. 516890; Cal. No. 30145; Application to surrender license granted. Summary: Licensee did not contest the charge of in the State of Mississippi, submitting fraudulent prescription receipts for reimbursement.

Shirley Vachon Celestin; Registered Professional Nurse; Newport News, VA 23606; Lic. No. 315855; Cal. No. 30185; Application to surrender license granted. Summary: Licensee did not contest the charge of finding of professional misconduct by the New Jersey State Board of Nursing for engaging in gross negligence, which if committed in New York State, would constitute professional misconduct for practicing the profession of nursing with gross negligence on a particular occasion, in violation of section 6509(2) of the New York Education Law.

Psychology

Justin Miller; Psychologist; Rivervale, NJ 07675-5908; Lic. No. 018518; Cal. No. 30079; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Attempted Use of a Child in a Sexual Performance, a class D felony; Attempted Disseminating Indecent Material to Minors in the 1st Degree (15 counts), a class E felony, and Attempted Endangering the Welfare of a Child, a class B misdemeanor.

Kathleen McClear Hodgkiss; Psychologist; Pompton Lakes, NJ 07442; Lic. No. 018223; Cal. No. 30153; Application to surrender license granted. Summary: Licensee admitted to the charge of having been found guilty of professional misconduct by the New Jersey State Board of Psychological Examiners for sexual conduct with a client within 24 months after treatment which, if committed in New York State, constitute professional misconduct under Section 6509(9) of the Education Law and specifically Section 29.1(b)(5) of the Rules of the Board of Regents.

III. OTHER REGENTS DISCIPLINARY ACTIONS

Chiropractic

Maurice Daoud; Chiropractor; Palm Desert, CA 92260; Lic. No. 010444; Cal. No. 29678; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice in the State of New York, $2,500 fine payable within 3 months.

Dentistry

Ali John Jazayeri; Dentist; Irvine, CA 92614; Lic. No. 053328; Cal. 27910; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 months stayed suspension, 2 years probation to commence upon return to practice in the State of New York, $3,000 fine payable within 30 days.

Engineering, Land Surveying and Geology

Md Shamim A. Akond a/k/a Shamim A. Akond a/k/a Shamin Akond; Professional Engineer; Astoria, NY 11105; Lic. No. 083353; Cal. No. 28191; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of last 6 months of suspension stayed.

Thomas Donald Reilly a/k/a Thomas D. Reilly a/k/a Thomas Reilly; Professional Engineer; Smithtown, NY 11787; Lic. No. 043595; Cal. No. 28904; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of last 11 months of suspension stayed.

Mohamed Omar Mohamed; Professional Engineer; Elmhurst, NY 11373; Lic. No. 070642; Cal. No. 29841; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

Nursing

Schkera M. Smith; Licensed Practical Nurse; Syracuse, NY 13204; Lic. No. 287234; Cal. No. 28608; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.

Matthew Michael Ryan; Licensed Practical Nurse, Registered Professional Nurse; Deposit, NY 13754-1127; Lic. Nos. 280140, 625623; Cal. Nos. 28743, 28742; Application for consent order granted; Penalty agreed upon: 2 years stayed  suspensions, 2 years probation, $750 fine.

Lisa A. Saviano; Registered Professional Nurse; East Chatham, NY 12060; Lic. No. 643986; Cal. No. 29087; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 months stayed suspension, 1 year probation, $500 fine.

Ude Masaryk Calvaire; Registered Professional Nurse; Livingston, NY 12541; Lic. No. 671375; Cal. No. 29448; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Christine Marie Martuscello; Registered Professional Nurse; Elmira, NY 14905; Lic. No. 648714; Cal. No. 29656; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Kelly Anne Wescott; Licensed Practical Nurse; Albany, NY 12211; Lic. No. 273968; Cal. No. 29676; 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, $250 fine payable within 4 months.

Brittani Lynne Johnson; Licensed Practical Nurse; Farmington, NY 14425; Lic. No. 316584; Cal. No. 29714; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

Jean Hoeller; Licensed Practical Nurse; Saugerties, NY 12477; Lic. No. 319341; Cal. No. 29780; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.

Paul Accordino; Registered Professional Nurse; Chester, NY 10918; Lic. No. 512815; Cal. No. 29816; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 24 months probation, $1,000 fine.

Nadia Ward; Licensed Practical Nurse; Middletown, NY 10941; Lic. No. 302569; Cal. No. 29817; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 24 months probation.

David Timothy Baron; Registered Professional Nurse; Jamestown, NY 14701; Lic. No. 557041; Cal. No. 29877; 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 9 months.

Robert T. Salisbury; Licensed Practical Nurse; Schenectady, NY 12309; Lic. No. 313342; Cal. No. 29887; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

Katherine Merchant; Licensed Practical Nurse; Mastic, NY 11950; Lic. No. 255969; Cal. No. 29890; Application for consent order granted; Penalty agreed upon: 1 month acual suspension, 23 months stayed suspension, 2 years probation.

Marlene Claudette Roper; Licensed Practical Nurse; Saint James, NY 11780-3164; Lic. No. 316777; Cal. No. 29891; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.

Robert Joseph Couture, Jr.; Licensed Practical Nurse; Auburn, NY 13021; Lic. No. 311529; Cal. No. 29898; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.

Carrie Marie Fitzsimons a/k/a Carrie M. Fitzsimons; Registered Professional Nurse; Newport, NY 13416; Lic. No. 595061; Cal. No. 29905; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Deborah Ann Ballou; Registered Professional Nurse; Cheektowaga, NY 14225; Lic. No. 574553; Cal. No. 29930; 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, $1,000 fine payable within 6 months.

Maun D. Flanagan a/k/a Maun Flanagan Hunsberger; Registered Professional Nurse; Levittown, PA 19056; Lic. No. 387743; Cal. No. 29952; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until mentally and physically fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice in the State of New York.

Desiree Ann Graziano; Licensed Practical Nurse; Stuyvesant, NY 12173; Lic. No. 261029; Cal. No. 29983; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 9 months and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice.

Pharmacy

Fayyaz Rasheed; Pharmacist; Jamaica, NY 11432; Lic. No. 041233; Cal. No. 28897; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $7,500 fine.

Ralph Drugs, Inc. d/b/a Rio Drugs; Pharmacy; Brooklyn, NY 11233; Reg. No. 023128; Cal. No. 28898; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $7,500 fine.

Demetrios Papanakios; Pharmacist; East Meadow, NY 11554-4714; Lic. No. 053865; Cal. No. 29815; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, 50 hours public service, $1,500 fine.

Psychology

Dennis John Foley; Psychologist; Rochester, NY 14620; Lic. No. 013862; Cal. No. 29848; Application for consent order granted; Penalty agreed upon: 5 month actual suspension, 19 month stayed suspension, 2 years probation to commence upon return to practice.

Public Accountancy

William John Lidell; Certified Public Accountant; Binghamton, NY 13901; Lic. No. 108436; Cal. No. 29883; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Eric Gino DeLuca; Certified Public Accountant; Guilderland, NY 12084-9775; Lic. No. 114955; Cal. No. 29967; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $750 fine.

Veterinary Medicine

Danielle M. Gomes a/k/a Danielle Gomes a/k/a Danielle Gomez a/k/a Danielle Melegos a/k/a Danielle M. Gomes-Pierce; Veterinary Technician; Warwick, NY 10990; Lic. No. 003162; Cal. No. 28915; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until sucessful participation in treatment and until fit to practice, upon termination of suspension, 2 years probation to commence if and when return to practice.

IV. RESTORATIONS

The Board of Regents voted on January 23, 2018 to stay the execution of the order of revocation of the dentist license of  Scott D. Geise, Newfane, NY, to place him on probation for five years under specified terms and conditions, and upon successful completion of probation, to fully restore his license.  Dr. Geise’s license was revoked June 19, 2012.

The Board of Regents voted on January 23, 2018 to stay the execution of the order of surrender of the pharmacist license of Jay Kirshner, Roslyn Heights, NY, to place him on probation for five years under specified terms and conditions, and upon successful completion of probation, to fully restore his license.  Mr. Kirshner’s license was surrendered July 19, 2010.