§ 7128 — Mandatory continuing education

§ 7128. Mandatory continuing education. 1. (a) Each licensed\nophthalmic dispenser required under this article to register triennially\nwith the department to practice in the state shall comply with the\nprovisions of the mandatory continuing education requirements prescribed\nin subdivision two of this section except as set forth in paragraphs (b)\nand (c) of this subdivision. Ophthalmic dispensers who do not satisfy\nthe mandatory continuing education requirements shall not practice until\nthey have met such requirements, and they have been issued a\nregistration certificate, except that an ophthalmic dispenser 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) Ophthalmic dispensers shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accord with the intent of this\nsection, adjustment to the mandatory continuing education requirement\nmay be granted 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 ophthalmic dispenser not engaged in practice, as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to the\npractice of ophthalmic dispensing during the triennial registration\nperiod shall notify the department prior to reentering the profession\nand shall meet such mandatory education requirements as shall be\nprescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration as an ophthalmic dispenser shall complete a minimum of\neighteen hours of acceptable formal continuing education, as specified\nin subdivision four of this section; provided that three hours may be in\nrecognized areas of study pertinent to the dispensing and fitting of\ncontact lenses. During each triennial registration period an applicant\nfor registration as an ophthalmic dispenser and certified to fit contact\nlenses shall complete twenty hours of acceptable formal continuing\neducation, as specified in subdivision four of this section; provided\nthat ten hours shall be in recognized areas of study pertinent to the\ndispensing and fitting of contact lenses. Any ophthalmic dispenser whose\nfirst registration date following the effective date of this section\noccurs less than three years from such effective date, but on or after\nJanuary first, nineteen hundred ninety-nine, shall complete continuing\neducation hours on a prorated basis at the rate of one-half hour per\nmonth for the period beginning January first, nineteen hundred\nninety-eight 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 chapter.\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 ophthalmic dispensing and which meet the\nstandards prescribed by regulations of the commissioner. Such formal\ncourses of learning shall include, but not be limited to, collegiate\nlevel credit and non-credit courses. Professional development programs\nand technical sessions offered by national, state and local professional\nassociations and other organizations acceptable to the department, and\nany other organized 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. Ophthalmic dispensers shall maintain adequate documentation of\ncompletion of acceptable formal continuing education and shall provide\nsuch documentation at the request of the department. Failure to provide\nsuch documentation 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 chapter.\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 seventy-one hundred twenty-four of\nthis article.\n