Module overrides other node_access modules

I've spent a few hours this afternoon working out why my site's node access was not working. after narrowing it down, I ended up disabling this module which fixed the issue.
the problem is that this code should NOT be the module! Basically it overrides the same menu definition which is found in the core menu module. the two are similar except that core node access becomes replaced with prog_gallery_access(), thus disabling any form of node access control for the site.

	$items[] = array(
				'path' => 'node/'.arg(1),
				'access' => prog_gallery_access('view', $node),
				'type' => MENU_CALLBACK,
			);