§ 6742-A — Mandatory continuing education

New York § 6742-A

• Jurisdiction: New York
• Law EDN: Education
• Title 8: The Professions
• Art. 136: Physical Therapy and Physical Therapist Assistants

Text

§ 6742-a. Mandatory continuing education. 1. (a) Each licensed\nphysical therapist and licensed physical therapist assistant required\nunder this article to register triennially with the department to\npractice in the state shall comply with the provisions of the mandatory\ncontinuing education requirements prescribed in subdivision two of this\nsection except as set forth in paragraphs (b) and (c) of this\nsubdivision. Licensed physical therapist and licensed physical therapist\nassistants who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand they have been issued a registration certificate, except that a\nlicensed physical therapist or licensed physical therapist assistant may\npractice without having met such requirements if he or she is issued a\nconditional registration certificate pursuant to subdivision three of\nthis section.\n (b) Each licensed physical therapist and licensed physical therapist\nassistant shall be exempt from the mandatory continuing education\nrequirement for the triennial registration period during which they are\nfirst licensed. In accordance with the intent of this section,\nadjustment to the mandatory continuing education requirement may be\ngranted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n (c) A licensed physical therapist and licensed physical therapist\nassistant not engaged in practice, as determined by the department,\nshall be exempt from the mandatory continuing education requirement upon\nthe filing of a statement with the department declaring such status. Any\nlicensee who returns to the practice of physical therapy during the\ntriennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory education\nrequirements as shall be prescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration as a licensed physical therapist or licensed physical\ntherapist assistant shall complete a minimum of thirty-six hours of\nacceptable formal continuing education, as specified in subdivision four\nof this section. Any licensed physical therapist or licensed physical\ntherapist assistant whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand ten, shall\ncomplete continuing education hours on a prorated basis at the rate of\none-half hour per month for the period beginning January first, two\nthousand ten up to the first registration date thereafter. A licensee\nwho has not satisfied the mandatory continuing education requirements\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. Continuing education hours taken during one triennium\nmay not be transferred to a subsequent triennium.\n 3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require the fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices without such registration may be subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n 4. As used in subdivision two of this section, "acceptable formal\neducation" shall mean formal courses of learning which contribute to\nprofessional practice in physical therapy and which meet the standards\nprescribed by regulations of the commissioner. Such formal courses of\nlearning shall include, but not be limited to, collegiate level credit\nand non-credit courses, professional development programs and technical\nsessions offered by national, state and local professional associations\nand other organizations acceptable to the department, and any other\norganized educational and technical programs acceptable to the\ndepartment. The department may, in its discretion and as needed to\ncontribute to the health and welfare of the public, require the\ncompletion of continuing education courses in specific subjects to\nfulfill this mandatory continuing education requirement. Courses must be\ntaken from a sponsor approved by the department, pursuant to the\nregulations of the commissioner.\n 5. Licensed physical therapist or licensed physical therapist\nassistant shall maintain adequate documentation of completion of\nacceptable formal continuing education and shall provide such\ndocumentation at the request of the department. Failure to provide such\ndocumentation upon the request of the department shall be an act of\nmisconduct subject to disciplinary proceedings pursuant to section\nsixty-five hundred ten of this title.\n 6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section sixty-seven hundred thirty-four of\nthis article.\n