Bill Text: NY S07398 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires a minimum of 36 hours of mandatory continuing education for psychologists to be completed every 3 years.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-12-21 - SIGNED CHAP.436 [S07398 Detail]
Download: New_York-2017-S07398-Introduced.html
Bill Title: Requires a minimum of 36 hours of mandatory continuing education for psychologists to be completed every 3 years.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-12-21 - SIGNED CHAP.436 [S07398 Detail]
Download: New_York-2017-S07398-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7398 IN SENATE January 12, 2018 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to mandatory continuing education for psychologists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 7607 2 to read as follows: 3 § 7607. Mandatory continuing education. 1. (a) Each psychologist 4 required under this article to register triennially with the department 5 to practice in this state, shall comply with the provisions for mandato- 6 ry continuing education prescribed in subdivision two of this section, 7 except as set forth in paragraphs (b) and (c) of this subdivision. 8 Psychologists who do not satisfy the mandatory continuing education 9 requirements shall not practice until they have met such requirements 10 and they have been issued a registration certificate, except that a 11 psychologist may practice without having met such requirements if he or 12 she is issued a conditional registration certificate pursuant to subdi- 13 vision three of this section. 14 (b) Each psychologist shall be exempt from the mandatory continuing 15 education requirements for the triennial registration period during 16 which they are first licensed. In accordance with the intent of this 17 section, adjustment to the mandatory continuing education requirement 18 may be granted by the department for reasons of health that are certi- 19 fied by an appropriate health care professional, for extended active 20 duty with the armed forces of the United States, or for other good cause 21 acceptable to the department which may prevent compliance. 22 (c) A psychologist not engaged in practice, as determined by the 23 department, shall be exempt from the mandatory continuing education 24 requirement upon the filing of a statement with the department declaring 25 such status. Any licensee who returns to the practice of psychology 26 during the triennial registration period shall notify the department 27 prior to reentering the profession and shall meet such continuing educa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14199-01-8S. 7398 2 1 tion requirements as shall be prescribed by regulations of the commis- 2 sioner. 3 2. During each triennial registration period, an applicant for regis- 4 tration as a psychologist shall complete a minimum of thirty-six hours 5 of acceptable learning activities, a minimum of three hours of which 6 shall be course work in the area of professional ethics. Any psychol- 7 ogist whose first registration date following the effective date of this 8 section occurs less than three years from such effective date, but on or 9 after January first, two thousand twenty, shall complete continuing 10 education hours on a prorated basis at the rate of one hour per month 11 for the period beginning January first, two thousand twenty up to the 12 first registration date thereafter. A psychologist who has not satisfied 13 the mandatory continuing education requirement shall not be issued a 14 triennial registration certificate by the department and shall not prac- 15 tice unless and until a conditional registration is issued as provided 16 for in subdivision three of this section. Continuing education hours 17 taken during one triennium may not be transferred to the subsequent 18 triennium. 19 3. (a) The department, in its discretion, may issue a conditional 20 registration to a psychologist who fails to meet the continuing educa- 21 tion requirements established in subdivision two of this section, but 22 who agrees to make up any deficiencies and complete any additional 23 education which the department may require. The fee for such a condi- 24 tional registration shall be the same as, and in addition to, the fee 25 for the triennial registration. The duration of such conditional regis- 26 tration shall be determined by the department, but shall not exceed one 27 year. Any psychologist who is notified of the denial of registration for 28 failure to submit evidence, satisfactory to the department, of required 29 continuing education and who practices without such registration may be 30 subject to disciplinary proceedings pursuant to section sixty-five 31 hundred ten of this title. 32 (b) For purposes of this section: 33 (i) "acceptable learning activities" shall include, but not be limited 34 to, formal courses of learning which contribute to professional practice 35 in psychology and which meet the standards prescribed by regulations of 36 the commissioner, self-study activities; independent study; formal 37 mentoring activities; or publications in professional journals; or 38 lectures; and 39 (ii) "formal courses of learning" shall include, but not be limited 40 to, collegiate level credit and non-credit courses, professional devel- 41 opment programs and technical sessions offered by national, state, and 42 local professional associations and other organizations acceptable to 43 the department, and any other organized educational and technical 44 programs acceptable to the department. Formal courses must be taken from 45 a sponsor approved by the department, pursuant to the regulations of the 46 commissioner. 47 (c) The department may, in its discretion and as needed to contribute 48 to the health and welfare of the public, require the completion of 49 continuing education credits in specific subjects to fulfill this manda- 50 tory continuing education requirement. 51 (d) Psychologists shall maintain adequate documentation of completion 52 of acceptable continuing education credits and shall provide such 53 documentation at the request of the department. Failure to provide such 54 documentation upon the request of the department shall be an act of 55 misconduct subject to disciplinary proceedings pursuant to section 56 sixty-five hundred ten of this title.S. 7398 3 1 (e) The mandatory continuing education fee shall be determined by the 2 department. Such fee shall be payable on or before the first day of each 3 triennial registration period, and shall be paid in addition to the 4 triennial registration fee required by subdivision eight of section 5 seventy-six hundred three of this article. 6 § 2. This act shall take effect January 1, 2020; provided, however, 7 that effective immediately, the addition and/or repeal of any rule or 8 regulation necessary for the implementation of this act on its effective 9 date are authorized and directed to be made and completed on or before 10 such effective date.
