§ 7607 — Mandatory continuing education

§ 7607. Mandatory continuing education. 1. (a) Each psychologist\nrequired under this article to register triennially with the department\nto practice in this state, shall comply with the provisions for\nmandatory continuing education prescribed in subdivision two of this\nsection, except as set forth in paragraphs (b) and (c) of this\nsubdivision. Psychologists who do not satisfy the mandatory continuing\neducation requirements shall not practice until they have met such\nrequirements and they have been issued a registration certificate,\nexcept that a psychologist may practice without having met such\nrequirements if he or she is issued a conditional registration\ncertificate pursuant to subdivision three of this section.\n (b) Each psychologist shall be exempt from the mandatory continuing\neducation requirements for the triennial registration period during\nwhich they are first licensed. In accordance with the intent of this\nsection, adjustment to the mandatory continuing education requirement\nmay be granted by the department for reasons of health that are\ncertified by an appropriate health care professional, for extended\nactive duty with the armed forces of the United States, or for other\ngood cause acceptable to the department which may prevent compliance.\n (c) A psychologist not engaged in practice, as determined by the\ndepartment, shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the practice of psychology\nduring the triennial registration period shall notify the department\nprior to reentering the profession and shall meet such continuing\neducation requirements as shall be prescribed by regulations of the\ncommissioner.\n 2. During each triennial registration period, an applicant for\nregistration as a psychologist shall complete a minimum of thirty-six\nhours of acceptable learning activities, a minimum of three hours of\nwhich shall be course work in the area of professional ethics, including\nthe laws, rules and regulations for practice in New York. Any\npsychologist whose first registration date following the effective date\nof this section occurs less than three years from such effective date,\nbut on or after January first, two thousand twenty-one, shall complete\ncontinuing education hours on a prorated basis at the rate of one hour\nper month for the period beginning January first, two thousand\ntwenty-one up to the first registration date thereafter. A psychologist\nwho has not satisfied the mandatory continuing education requirement\nshall not be issued a triennial registration certificate by the\ndepartment and shall not practice unless and until a conditional\nregistration is issued as provided for in subdivision three of this\nsection. Continuing education hours taken during one triennium may not\nbe transferred to the subsequent triennium.\n 3. (a) The department, in its discretion, may issue a conditional\nregistration to a psychologist who fails to meet the continuing\neducation requirements established in subdivision two of this section,\nbut who agrees to make up any deficiencies and complete any additional\neducation which the department may require. The fee for such a\nconditional registration shall be the same as, and in addition to, the\nfee for the triennial registration. The duration of such conditional\nregistration shall be determined by the department, but shall not exceed\none year. Any psychologist who is notified of the denial of registration\nfor failure to submit evidence, satisfactory to the department, of\nrequired continuing education and who practices without such\nregistration may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n (b) For purposes of this section:\n (i) "acceptable learning activities" shall include, but not be limited\nto, formal courses of learning which contribute to professional practice\nin psychology and/or self-study activities; independent study; formal\nmentoring activities; publication in professional journals; or lectures,\nwhich meet the standards prescribed by regulations of the commissioner;\nand\n (ii) "formal courses of learning" shall include, but not be limited\nto, collegiate level credit and non-credit courses, professional\ndevelopment programs and technical sessions offered by national, state,\nand local professional associations and other organizations acceptable\nto the department, and any other organized educational and technical\nprograms acceptable to the department. Formal courses must be taken from\na sponsor approved by the department, based upon an application and fee,\npursuant to the regulations of the commissioner.\n (c) The department may, in its discretion and as needed to contribute\nto the health and welfare of the public, require the completion of\ncontinuing education credits in specific subjects to fulfill this\nmandatory continuing education requirement.\n (d) Psychologists shall maintain adequate documentation of completion\nof acceptable continuing education credits 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 (e) The mandatory continuing education fee shall be determined by the\ndepartment. Such fee shall be payable on or before the first day of each\ntriennial registration period, and shall be paid in addition to the\ntriennial registration fee required by subdivision eight of section\nseventy-six hundred three of this article.\n