On February 21, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Aderonke Ojerinde,
Alice Kwane Frempong,
Anita Barbara Asamoah,
Awal Mohammad Rahaman,
Bartholomew Ezem,
Beatrice Leste,
Brenda Andrews,
Camille Alexa Joasil,
Celestine Chi Aririguzoh,
Charity Akakpo,
Charyl Pilgrim,
Christian Nwankwo,
Elizabeth King-Nabi,
Emmanuel Tetteh,
Ese Okoko,
Eucharia Nweguah Nasah,
Frances Linda Ojeifo,
Gaytreedebie Boedhai,
Jacqueline Boamah-Bright,
Jennifer Okoro,
Joana Amoafo Dofoo,
Johan Nesbitt,
Johnnet Korvah,
Jolette Pasteur,
Joyce Chambers,
Julene Alexander,
Kadiatu Sei-Bureh,
Karen Saulong,
Keshia Porter,
Lisabeth Johnson,
Louise Gelin,
Mabel Boakye,
Marcus Fairclough,
Maria Sokolo,
Mark Gyau,
Miatta Soko,
Micaela Haywood,
Mike Jenny Veillard,
Nneka Nzekwu,
Okema Torey,
Omehvy George,
Prince Adeparusi,
Rebecca Agyeiwaa Annoh,
Regina Nkechi Emmanuel,
Rose Freeman,
Salamat Yusifu,
Scholastica Tandongfor,
Soeurette Colin,
Sofia Lamarre,
Sonia Jones,
Stella Agyenim Boateng,
Sunday Odeh,
Theodora Alexander,
Veronique Lahens,
and
Betty A. Rosa
In Her Capacity As Commissioner Of The New York State Education Department,
David Hamilton
In His Official Capacity As The Assistant Commissioner For Professional Licensing And Practice For The Nys Dept. Of Education Office Of Professions,
New York State Education Department,
New York State Office Of The Professions,
Sarah Benson
In Her Official Capacity As Deputy Commissioner Of The Nys Dept. Of Education And As The Official Heading The Office Of The Professions,
for Special Proceedings - CPLR Article 78
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
Jesse B. Baldwin, Esq.
jbaldwin@acbfirm.com
November 9, 2023
VIA EMAIL: OPDPLS@nysed.gov and
USPS
David Hamilton, LMSW
Assistant Commissioner, OP
State Education Department
DPLS Director’s Office
89 Washington Avenue
Albany, New York 12234-1000
RE: Mark Gyau, RN, BSN, LPN f/k/a Kweku Gyan
RN License No. 328653
LPN License No. 751742
Dear Mr. Hamilton:
On behalf of Mark Gyau, LPN, RN, BSN, we write continuance of cooperation with your office
and your inquiry about our client’s education and qualifications. Enclosed herewith is a jump
drive with materials we have gathered to demonstrate Nurse Gyau’s qualifications and
competence. Also enclosed as Exhibit 1 is an index of those materials, to help with your review.
Nurse Gyau has been licensed as an RN in New York since June 29, 2018.
Our prior correspondence
As a reminder, we sent you correspondence on February 16, 2023, advising that this office had
been retained by several nurses who received correspondence from you regarding the nursing
schools they attended in Florida and demanding that they surrender their licenses. A copy of our
February 16 letter, with a copy of the attachment identifying our clients (including Nurse Gyau),
is enclosed at Exhibit 2. We have written you several subsequent letters as additional nurses
retained us after receiving similar correspondence from you. We have received no response to any
of our letters, even though each of them indicates an intention to cooperate and requests a
conference to discuss a reasonable resolution of these matters.
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
No grounds for summary suspension
As briefly described in our prior letter, there are no grounds for a summary suspension of Nurse
Gyau’s license. This nurse poses no threat to the public health imperatively requiring emergency
action. (See Commissioner’s Reg. 17.9). He neither committed nor knowingly participated in any
fraud. As described more fully below and in the enclosed materials, Nurse Gyau did attend and
complete a nursing education program at Palm Beach School of Nursing. The program included
classroom instruction and clinical training. Nurse Gyau passed the NCLEX. The fact that a
nursing school attended by this nurse may have also sold or given out fraudulent degrees to
students other than Nurse Gyau does not render this particular nurse a threat to the public health.
We believe your office is aware of this fact, since more than nine months have passed since your
initial letter to Nurse Gyau and no direct action has been taken, nor has any proceeding been
commenced against his license.
No misconduct or other grounds for discipline
Nurse Gyauis entitled to retain his RN license. He obtained this license in full compliance with
applicable law. He completed the educational requirement for licensure in accordance with
Commissioner’s Reg. 64.1(a)(2) by completing a program in nursing approved by the licensing
authority of Florida for practice as a Registered Nurse. Nurse Gyau was authorized to sit for the
NCLEX and passed the exam. These were the legal requirements for obtaining her RN license.
Absent any fraud on his part, there is no basis to take his license from him.
Although Commissioner’s Reg. 64.1(a)(2) has since been amended to change the requirements and
allow the Department to determine another State’s nursing program to be unsatisfactory, this does
not change the fact that Nurse Gyau satisfied the regulatory requirements in place at the time,
which was long before April 18, 2023, the effective date of the regulatory change approved by the
Regents in the April 2023 meeting. Since Nurse Gyau already had a lifetime right to his license
obtained before this change, the regulatory change cannot be applied to him retroactively.
Nurse Gyau has clearly and obviously committed no fraud. The degree he obtained from Palm
Beach School of Nursing (“PBSON”) was not purchased; it was earned. Prior to attending
PBSON, had completed a PN program through Sierra Allied Health Academy, passed the NCLEX-
PN, and was licensed as an LPN in the State of New York and the State of New Jersey. Documents
related to his LPN education and licenses are included at Exhibit on the jump driver provided with
this letter. Additionally, he earned college credits at Montefiore School of Nursing and Bronx
Community College. (Exhibit B)
Nurse Gyau applied and was accepted to Palm Beach School of Nursing after proving his LPN
information and his transcript from Montefiore School of Nursing, where he had already earned
course credits. He traveled to and from Florida on nine occasions for one week at a time and
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
attended classes Monday through Friday, for eight courses and three clinical labs, all of which
were in person. His RN education included examinations. Nurse Gyau took an exit examination
on September 22, 2017. In addition, Nurse Gyau completed over 300 clinical hours in New York
and New Jersey, verified by a preceptor. Accompanying this submission at Exhibit C are is a
transcript evaluation form, email communication concerning class times, evidence of travel
expenses, along with course materials Nurse Gyau received from the school including admission
and orientation documents, promotional materials, syllabuses, and some course chapters.
Given these facts, it cannot reasonably be suggested that Mr. Gyau participated in any fraud or
made any material misrepresentations on his license application materials.
Nurse Gyau’s competence as an RN/LPN is established
In addition to the education described above, Nurse Gyau continued his nursing education and
earned his Bachelor of Science in Nursing from Azure College in 2020. He is currently a student
in the Master of Science Nursing (Nursing Education) program at Cappella University. Since
earning his RN, he has also participated in a number of continuing education programs and
trainings through the NYS Office of Mental Health, NYS Nurses Association, and the American
Heart Association. (Exhibit F)
Since obtaining his RN license, Nurse Gyau has been working as an RN. He is currently employed
as the Supervisor of Nursing Education at Jacobi Medical Center, a position he has held since
November 2018. He is also currently employed as a Staff Psychiatric Nurse at St. Joseph’s Medical
Center, a position he has held since October 2020. Prior to his employment at Jacobi Medical
Center, he was employed as a Nurse Supervisor at Yorktown Rehabilitation Nursing Center. All
of these positions involved Nurse Gyau rendering direct patient care.
Also accompanying this submission are letters of recommendation from several colleagues who
have worked with Nurse Gyau. (Exhibit G) They describe Nurse Gyau as a hardworking, caring,
and dedicated nurse who is able to connect with even the most difficult patients.
Conclusion
For the reasons stated above, and based on the evidence enclosed, it is clear Nurse Gyau lawfully
obtained his nursing licenses and has gone on to advance his training and to provide professional
nursing services. We respectfully submit that it would be consistent with the Department’s
mandate to protect, rather than destroy, this nurse’s ability to practice.
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
To avoid misconduct charges and a plenary hearing, we would be happy to discuss a way to resolve
this issue and address the Department’s concerns regarding Nurse Gyau’s education and
training. Please call or email me anytime to have that discussion.
Very truly yours,
ADDELMAN CROSS & BALDWIN, PC
Jesse B. Baldwin
JBB/ba
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
INDEX OF SUPPORTING DOCUMENTATION
ON BEHALF OF
MARK GYAU, RN (f/k/a Mark Gyan)
School Attended: Palm Beach School of Nursing
Dates RN program complete: 9/26/2017
A. Licensed Practical Nurse
1. NY License Number 328653, issued 5/9/2017
2. NY LPN License Verification
3. NJ License Number 26NP0748220
4. Letter from Sierra Allied Health Academy Inc.
B. Previous Education
1. Montefiore School of Nursing
a. Transcript
2. Bronx Community College
a. Transcript
C. Palm Beach School of Nursing, Associates of Science of Nursing
1. Documents specific to Mark Gyau
a. Official Transcript
b. Transcript Evaluation Form
c. Email Regarding change of class time
d. Evidence of travel expenses in Florida
• Flight Confirmations
2. General Admission and Orientation Documents
a. Brochure – Nursing Associate of Science
b. Entrance Packet
c. Nursing – Associate of Science Course Description
d. Entrance Exam Subjects
e. Admissions profile form
f. Welcome letter describing SHOMA – popular custom rooming arrangement
g. DocuNow drug testing
3. General Documents
a. Promotional Flyer for Palm Beach School of Nursing - “Open Enrollment! No
Waiting Lists!”
b. “NY Board of Nursing – Things you need”
4. Course Materials
a. Course Syllabuses
1
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
• HSC 104, Pathophysiology
• Nur 100, LPN to RN Transition
• Nur 101, Introduction to Health Care
• Nur 101, Fundamentals of Nursing
• Nur 103, Pharmacology
• Nur 104, Critical Thinking and the Nursing Process
• Nur 201, Adult Nursing I
• Nur 203, Psychiatric and Mental Health Nursing
• Nur 205, Maternal Child Nursing
• Nur 207, Pediatric Nursing
• Nur 301, Adult Nursing II
• Nur 402, Professional Nursing Leadership
• Internet Resources to Improve Learning, Reading, Studying & Test
Taking
b. Select Course Chapters
• Wolters Kluwer, Chapter 22 – Nurse Leader, Manager & Care
Coordinator
• Wolters Kluwer, Chapter 23 - Asepsis and Infection Control
• Wolters Kluwer, Chapter 26 – Safety, Security, and Emergency
Preparedness
• Wolters Kluwer, Chapter 31, Skin Integrity and Wound Care
• Mosby, Chapter 23 – Postpartum Complications
• Mosby, Chapter 24 – Physiologic Adaptations of the Newborn
c. Clinical Forms
• Sample – Clinical/Experiential Learning Evaluation forms
1. Letter from Palm Beach School of Nursing
a. Palm Beach School of Nursing sincerely thanks you for
agreeing to supervise our ASN candidate. The student
must be supervised and evaluated by a Registered Nurse
who has a Bachelor’s of Science degree or higher in
order to meet institutional standards. … There is a
sample document provided to demonstrate how the
Preceptor is to evaluate our student.
• Sample - PBSON care plan
d. Class Schedule & Roster – February 2017 – December 2017
e. 2017 Holiday Schedule
f. HESI Account – Exit Exam
D. NCLEX documents
1. Acknowledgement of Receipt of NCLEX Examination Registration, dated 3/29/2018
2
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
E. NYS Registered Professional Nurse
1. License Number 751742
2. Registration Certificate, valid through 7/31/2026, 7/31/2023 and 5/31/2021
3. NY RN License Verification
F. Post RN License Education
1. Azure College, Bachelor of Science in Nursing, Completed 1/20/2020
a. Transcript
2. Cappella University, Master of Sci. Nursing (specialization in Nursing Education),
current student
a. Transcript evidencing classes completed through Winter Quarter 2022
b. Evidence of MSN Practicum & Capstone
i. “Training Session for Policy Implementation”
3. Certifications and Continuing Education Completed as an RN
a. NYS Office of Mental Health, 2020-2021 Preventing and Managing Crisis
Situations (PMCS) Trainer Updated
b. Psychiatric Mental Health Nursing Certification Review, 2019 and 2022, NY
State Nurses Association
c. Advanced Cardiovascular Life Support, American Heart Association
d. Authorized Respirator Fit Tester
e. Instructor Essentials Basic Life Support Course, American Heart Association
G. Letters of Support
1. Letter from Kofi Owusu, Director of Nursing Operations, NYC-HHC – North Central
Bronx Hospital
• I have worked closely with Mr. Gyau in his current role as a nursing
supervisor and have been consistently impressed with Mark’s attitude
and productivity during the time that he has worked here at NCB.
• Mr. Gyau is both very bright and highly motivated. *** He is a quick
learner and has shown the ability to digest large volumes of
information. Mr. Gyau has demonstrated the ability to articulate
information and ideas in both verbal and written forms.
• Mr. Gyau has also been effective in his efforts to engage and educate
our staff. Mr. Gyau is willing to take risks, he will reach out to our
staff and involve them with projects. I particularly appreciate Mr.
Gyau’s willingness to take the initiative to help and serve nurses.
2. Letter from Vicky Chodha, MD, Attending Psychiatrist, Psychiatric Emergency
Room, North Central Bronx Hospital
3
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
• I had the pleasure of working with Mr. Gyau in the psychiatric
emergency room at North Central Bronx ED.
• Mr. Gyau demonstrated outstanding clinical and nursing skills
throughout our time working together. He has been my go to nurse
whenever a patient is showing escalating signs of agitation. *** He
provides guidance to others in respectful non-criticizing manner making
him an outstanding team leader. His communication skills are superb.
He quickly develops great rapport with the staff and was a valued
member of the treating team. He has a natural ability to make even the
most vulnerable patients feel comfortable. There were multiple
instances where patients were refusing to speak or divulge critical
pieces of history, and Mr. Gyau was able to create a safe space to obtain
the necessary information, which often dictated management.
• I have received feedback from psychologists, nurses and other staff who
have worked with Mr. Gyau. Collectively all have stated that he was
among the hardest working, most caring, and dedicated nurses whom
they have ever worked with.
3. Letter from Persha Gayle, BSN, RN, CLC; NCB/Jacobi Medical Center
• I have known and worked with Mark Gyau for the past 4 years and have
found him to be an exemplary nurse. He is very professional, respectful,
trustworthy, and honest. He pays attention to details and works to his
highest potential. Mark is a team player and will never leave anyone of
his peer behind, he stays to ensure that everyone has completed their
task.
4
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024
From: Beth Atwood
To: OPDPLS
Cc: Jesse Baldwin
Subject: Mark Gyau, RN License No. 328653
Date: Thursday, November 9, 2023 11:28:00 AM
Attachments: Exhibit 2 - 2.16.2023 JB - Hamilton w exhibits_Redacted.pdf
image001.png
Exhibit 1 - INDEX OF SUPPORTING DOCUMENTATION - Gyau, Mark.pdf
Gyau, Mark -11.9.2023 - LTR to NYS Education Dept.pdf
Dear Mr. Hamilton:
Attached please find correspondence from attorney Jesse Baldwin concerning our client, Mark Gyau,
RN License No. 328653. Also attached is an index of supporting documentation (Exhibit 1) and our
prior correspondence of February 16, 2023 (Exhibit 2).
A hard copy of the letter with a jump drive containing the supporting documents will be mailed to
you today.
Thank you for your consideration.
Beth Atwood | Litigation Paralegal
Addelman Cross & Baldwin, PC
5680 Main Street | Buffalo, New York 14221
716-466-1476 | batwood@acbfirm.com | www.acbfirm.com
Statement of Confidentiality: This electronic message may contain privileged or confidential information.
If you are not the intended recipient of this e-mail, please delete it from your system and advise the sender.
EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index
Preview
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 Jesse B. Baldwin, Esq. jbaldwin@acbfirm.com November 9, 2023 VIA EMAIL: OPDPLS@nysed.gov and USPS David Hamilton, LMSW Assistant Commissioner, OP State Education Department DPLS Director’s Office 89 Washington Avenue Albany, New York 12234-1000 RE: Mark Gyau, RN, BSN, LPN f/k/a Kweku Gyan RN License No. 328653 LPN License No. 751742 Dear Mr. Hamilton: On behalf of Mark Gyau, LPN, RN, BSN, we write continuance of cooperation with your office and your inquiry about our client’s education and qualifications. Enclosed herewith is a jump drive with materials we have gathered to demonstrate Nurse Gyau’s qualifications and competence. Also enclosed as Exhibit 1 is an index of those materials, to help with your review. Nurse Gyau has been licensed as an RN in New York since June 29, 2018. Our prior correspondence As a reminder, we sent you correspondence on February 16, 2023, advising that this office had been retained by several nurses who received correspondence from you regarding the nursing schools they attended in Florida and demanding that they surrender their licenses. A copy of our February 16 letter, with a copy of the attachment identifying our clients (including Nurse Gyau), is enclosed at Exhibit 2. We have written you several subsequent letters as additional nurses retained us after receiving similar correspondence from you. We have received no response to any of our letters, even though each of them indicates an intention to cooperate and requests a conference to discuss a reasonable resolution of these matters. EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 No grounds for summary suspension As briefly described in our prior letter, there are no grounds for a summary suspension of Nurse Gyau’s license. This nurse poses no threat to the public health imperatively requiring emergency action. (See Commissioner’s Reg. 17.9). He neither committed nor knowingly participated in any fraud. As described more fully below and in the enclosed materials, Nurse Gyau did attend and complete a nursing education program at Palm Beach School of Nursing. The program included classroom instruction and clinical training. Nurse Gyau passed the NCLEX. The fact that a nursing school attended by this nurse may have also sold or given out fraudulent degrees to students other than Nurse Gyau does not render this particular nurse a threat to the public health. We believe your office is aware of this fact, since more than nine months have passed since your initial letter to Nurse Gyau and no direct action has been taken, nor has any proceeding been commenced against his license. No misconduct or other grounds for discipline Nurse Gyauis entitled to retain his RN license. He obtained this license in full compliance with applicable law. He completed the educational requirement for licensure in accordance with Commissioner’s Reg. 64.1(a)(2) by completing a program in nursing approved by the licensing authority of Florida for practice as a Registered Nurse. Nurse Gyau was authorized to sit for the NCLEX and passed the exam. These were the legal requirements for obtaining her RN license. Absent any fraud on his part, there is no basis to take his license from him. Although Commissioner’s Reg. 64.1(a)(2) has since been amended to change the requirements and allow the Department to determine another State’s nursing program to be unsatisfactory, this does not change the fact that Nurse Gyau satisfied the regulatory requirements in place at the time, which was long before April 18, 2023, the effective date of the regulatory change approved by the Regents in the April 2023 meeting. Since Nurse Gyau already had a lifetime right to his license obtained before this change, the regulatory change cannot be applied to him retroactively. Nurse Gyau has clearly and obviously committed no fraud. The degree he obtained from Palm Beach School of Nursing (“PBSON”) was not purchased; it was earned. Prior to attending PBSON, had completed a PN program through Sierra Allied Health Academy, passed the NCLEX- PN, and was licensed as an LPN in the State of New York and the State of New Jersey. Documents related to his LPN education and licenses are included at Exhibit on the jump driver provided with this letter. Additionally, he earned college credits at Montefiore School of Nursing and Bronx Community College. (Exhibit B) Nurse Gyau applied and was accepted to Palm Beach School of Nursing after proving his LPN information and his transcript from Montefiore School of Nursing, where he had already earned course credits. He traveled to and from Florida on nine occasions for one week at a time and EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 attended classes Monday through Friday, for eight courses and three clinical labs, all of which were in person. His RN education included examinations. Nurse Gyau took an exit examination on September 22, 2017. In addition, Nurse Gyau completed over 300 clinical hours in New York and New Jersey, verified by a preceptor. Accompanying this submission at Exhibit C are is a transcript evaluation form, email communication concerning class times, evidence of travel expenses, along with course materials Nurse Gyau received from the school including admission and orientation documents, promotional materials, syllabuses, and some course chapters. Given these facts, it cannot reasonably be suggested that Mr. Gyau participated in any fraud or made any material misrepresentations on his license application materials. Nurse Gyau’s competence as an RN/LPN is established In addition to the education described above, Nurse Gyau continued his nursing education and earned his Bachelor of Science in Nursing from Azure College in 2020. He is currently a student in the Master of Science Nursing (Nursing Education) program at Cappella University. Since earning his RN, he has also participated in a number of continuing education programs and trainings through the NYS Office of Mental Health, NYS Nurses Association, and the American Heart Association. (Exhibit F) Since obtaining his RN license, Nurse Gyau has been working as an RN. He is currently employed as the Supervisor of Nursing Education at Jacobi Medical Center, a position he has held since November 2018. He is also currently employed as a Staff Psychiatric Nurse at St. Joseph’s Medical Center, a position he has held since October 2020. Prior to his employment at Jacobi Medical Center, he was employed as a Nurse Supervisor at Yorktown Rehabilitation Nursing Center. All of these positions involved Nurse Gyau rendering direct patient care. Also accompanying this submission are letters of recommendation from several colleagues who have worked with Nurse Gyau. (Exhibit G) They describe Nurse Gyau as a hardworking, caring, and dedicated nurse who is able to connect with even the most difficult patients. Conclusion For the reasons stated above, and based on the evidence enclosed, it is clear Nurse Gyau lawfully obtained his nursing licenses and has gone on to advance his training and to provide professional nursing services. We respectfully submit that it would be consistent with the Department’s mandate to protect, rather than destroy, this nurse’s ability to practice. EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 To avoid misconduct charges and a plenary hearing, we would be happy to discuss a way to resolve this issue and address the Department’s concerns regarding Nurse Gyau’s education and training. Please call or email me anytime to have that discussion. Very truly yours, ADDELMAN CROSS & BALDWIN, PC Jesse B. Baldwin JBB/ba EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 INDEX OF SUPPORTING DOCUMENTATION ON BEHALF OF MARK GYAU, RN (f/k/a Mark Gyan) School Attended: Palm Beach School of Nursing Dates RN program complete: 9/26/2017 A. Licensed Practical Nurse 1. NY License Number 328653, issued 5/9/2017 2. NY LPN License Verification 3. NJ License Number 26NP0748220 4. Letter from Sierra Allied Health Academy Inc. B. Previous Education 1. Montefiore School of Nursing a. Transcript 2. Bronx Community College a. Transcript C. Palm Beach School of Nursing, Associates of Science of Nursing 1. Documents specific to Mark Gyau a. Official Transcript b. Transcript Evaluation Form c. Email Regarding change of class time d. Evidence of travel expenses in Florida • Flight Confirmations 2. General Admission and Orientation Documents a. Brochure – Nursing Associate of Science b. Entrance Packet c. Nursing – Associate of Science Course Description d. Entrance Exam Subjects e. Admissions profile form f. Welcome letter describing SHOMA – popular custom rooming arrangement g. DocuNow drug testing 3. General Documents a. Promotional Flyer for Palm Beach School of Nursing - “Open Enrollment! No Waiting Lists!” b. “NY Board of Nursing – Things you need” 4. Course Materials a. Course Syllabuses 1 EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 • HSC 104, Pathophysiology • Nur 100, LPN to RN Transition • Nur 101, Introduction to Health Care • Nur 101, Fundamentals of Nursing • Nur 103, Pharmacology • Nur 104, Critical Thinking and the Nursing Process • Nur 201, Adult Nursing I • Nur 203, Psychiatric and Mental Health Nursing • Nur 205, Maternal Child Nursing • Nur 207, Pediatric Nursing • Nur 301, Adult Nursing II • Nur 402, Professional Nursing Leadership • Internet Resources to Improve Learning, Reading, Studying & Test Taking b. Select Course Chapters • Wolters Kluwer, Chapter 22 – Nurse Leader, Manager & Care Coordinator • Wolters Kluwer, Chapter 23 - Asepsis and Infection Control • Wolters Kluwer, Chapter 26 – Safety, Security, and Emergency Preparedness • Wolters Kluwer, Chapter 31, Skin Integrity and Wound Care • Mosby, Chapter 23 – Postpartum Complications • Mosby, Chapter 24 – Physiologic Adaptations of the Newborn c. Clinical Forms • Sample – Clinical/Experiential Learning Evaluation forms 1. Letter from Palm Beach School of Nursing a. Palm Beach School of Nursing sincerely thanks you for agreeing to supervise our ASN candidate. The student must be supervised and evaluated by a Registered Nurse who has a Bachelor’s of Science degree or higher in order to meet institutional standards. … There is a sample document provided to demonstrate how the Preceptor is to evaluate our student. • Sample - PBSON care plan d. Class Schedule & Roster – February 2017 – December 2017 e. 2017 Holiday Schedule f. HESI Account – Exit Exam D. NCLEX documents 1. Acknowledgement of Receipt of NCLEX Examination Registration, dated 3/29/2018 2 EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 E. NYS Registered Professional Nurse 1. License Number 751742 2. Registration Certificate, valid through 7/31/2026, 7/31/2023 and 5/31/2021 3. NY RN License Verification F. Post RN License Education 1. Azure College, Bachelor of Science in Nursing, Completed 1/20/2020 a. Transcript 2. Cappella University, Master of Sci. Nursing (specialization in Nursing Education), current student a. Transcript evidencing classes completed through Winter Quarter 2022 b. Evidence of MSN Practicum & Capstone i. “Training Session for Policy Implementation” 3. Certifications and Continuing Education Completed as an RN a. NYS Office of Mental Health, 2020-2021 Preventing and Managing Crisis Situations (PMCS) Trainer Updated b. Psychiatric Mental Health Nursing Certification Review, 2019 and 2022, NY State Nurses Association c. Advanced Cardiovascular Life Support, American Heart Association d. Authorized Respirator Fit Tester e. Instructor Essentials Basic Life Support Course, American Heart Association G. Letters of Support 1. Letter from Kofi Owusu, Director of Nursing Operations, NYC-HHC – North Central Bronx Hospital • I have worked closely with Mr. Gyau in his current role as a nursing supervisor and have been consistently impressed with Mark’s attitude and productivity during the time that he has worked here at NCB. • Mr. Gyau is both very bright and highly motivated. *** He is a quick learner and has shown the ability to digest large volumes of information. Mr. Gyau has demonstrated the ability to articulate information and ideas in both verbal and written forms. • Mr. Gyau has also been effective in his efforts to engage and educate our staff. Mr. Gyau is willing to take risks, he will reach out to our staff and involve them with projects. I particularly appreciate Mr. Gyau’s willingness to take the initiative to help and serve nurses. 2. Letter from Vicky Chodha, MD, Attending Psychiatrist, Psychiatric Emergency Room, North Central Bronx Hospital 3 EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 • I had the pleasure of working with Mr. Gyau in the psychiatric emergency room at North Central Bronx ED. • Mr. Gyau demonstrated outstanding clinical and nursing skills throughout our time working together. He has been my go to nurse whenever a patient is showing escalating signs of agitation. *** He provides guidance to others in respectful non-criticizing manner making him an outstanding team leader. His communication skills are superb. He quickly develops great rapport with the staff and was a valued member of the treating team. He has a natural ability to make even the most vulnerable patients feel comfortable. There were multiple instances where patients were refusing to speak or divulge critical pieces of history, and Mr. Gyau was able to create a safe space to obtain the necessary information, which often dictated management. • I have received feedback from psychologists, nurses and other staff who have worked with Mr. Gyau. Collectively all have stated that he was among the hardest working, most caring, and dedicated nurses whom they have ever worked with. 3. Letter from Persha Gayle, BSN, RN, CLC; NCB/Jacobi Medical Center • I have known and worked with Mark Gyau for the past 4 years and have found him to be an exemplary nurse. He is very professional, respectful, trustworthy, and honest. He pays attention to details and works to his highest potential. Mark is a team player and will never leave anyone of his peer behind, he stays to ensure that everyone has completed their task. 4 EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 02/21/2024 From: Beth Atwood To: OPDPLS Cc: Jesse Baldwin Subject: Mark Gyau, RN License No. 328653 Date: Thursday, November 9, 2023 11:28:00 AM Attachments: Exhibit 2 - 2.16.2023 JB - Hamilton w exhibits_Redacted.pdf image001.png Exhibit 1 - INDEX OF SUPPORTING DOCUMENTATION - Gyau, Mark.pdf Gyau, Mark -11.9.2023 - LTR to NYS Education Dept.pdf Dear Mr. Hamilton: Attached please find correspondence from attorney Jesse Baldwin concerning our client, Mark Gyau, RN License No. 328653. Also attached is an index of supporting documentation (Exhibit 1) and our prior correspondence of February 16, 2023 (Exhibit 2). A hard copy of the letter with a jump drive containing the supporting documents will be mailed to you today. Thank you for your consideration. Beth Atwood | Litigation Paralegal Addelman Cross & Baldwin, PC 5680 Main Street | Buffalo, New York 14221 716-466-1476 | batwood@acbfirm.com | www.acbfirm.com Statement of Confidentiality: This electronic message may contain privileged or confidential information. If you are not the intended recipient of this e-mail, please delete it from your system and advise the sender. EXHIBIT DDDD - Gyau, Mark - 11.9.2023 Baldwin - NYSED with index