§ 7908 — Mandatory continuing competency

§ 7908. Mandatory continuing competency. (1)(a) Each licensed\noccupational therapist and occupational therapy assistant required under\nthis article to register triennially with the department to practice in\nthe state shall comply with the provisions of the mandatory continuing\ncompetency requirements prescribed in subdivision two of this section,\nexcept as provided in paragraphs (b) and (c) of this subdivision.\nOccupational therapists and occupational therapy assistants who do not\nsatisfy the mandatory continuing competency requirements shall not be\nauthorized to practice until they have met such requirements, and they\nhave been issued a registration certificate, except that an occupational\ntherapist or occupational therapy assistant may practice without having\nmet such requirements if he or she is issued a conditional registration\npursuant to subdivision three of this section.\n (b) Occupational therapists and occupational therapy assistants shall\nbe exempt from the mandatory continuing competency requirement for the\ntriennial registration period during which they are first licensed.\nAdjustment to the mandatory continuing competency requirements may be\ngranted by the department for reasons of health of the licensee where\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 licensed occupational therapist or occupational therapy\nassistant not engaged in practice, as determined by the department,\nshall be exempt from the mandatory continuing competency requirement\nupon the filing of a statement with the department declaring such\nstatus. Any licensee who returns to the practice of occupational therapy\nduring the triennial registration period shall notify the department\nprior to reentering the profession and shall meet such mandatory\ncontinuing competency requirements as shall be prescribed by regulations\nof the commissioner.\n (2) (a) During each triennial registration period an applicant for\nregistration as an occupational therapist shall complete a minimum of\nthirty-six hours of learning activities which contribute to continuing\ncompetence, as specified in subdivision four of this section, provided\nfurther that at least twenty-four hours shall be in areas of study\npertinent to the scope of practice of occupational therapy. With the\nexception of continuing education hours taken during the registration\nperiod immediately preceding the effective date of this section,\ncontinuing education hours taken during one triennium may not be\ntransferred to a subsequent triennium.\n (b) During each triennial registration period an applicant for\nregistration as an occupational therapy assistant shall complete a\nminimum of thirty-six hours of learning activities which contribute to\ncontinuing competence as specified in subdivision four of this section,\nprovided further that at least twenty-four hours shall be in recognized\nareas of study pertinent to the licensee's professional scope of\npractice of occupational therapy. With the exception of continuing\neducation hours taken during the registration period immediately\npreceding the effective date of this section, continuing education hours\ntaken during one triennium may not be transferred to a subsequent\ntriennium.\n (c) Any occupational therapist or occupational therapy assistant 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, two thousand thirteen, shall complete continuing\ncompetency hours on a prorated basis at the rate of one-half hour per\nmonth for the period beginning January first, two thousand thirteen up\nto the first registration date.\n (d) Thereafter, a licensee who has not satisfied the mandatory\ncontinuing competency requirements shall not be issued a triennial\nregistration certificate by the department and shall not practice unless\nand until a conditional registration certificate is issued as provided\nfor in subdivision three of this section.\n (3) The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing competency\nrequirements established in subdivision two of this section, but who\nagrees to make up any deficiencies and complete any additional learning\nactivities 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 licensee who is notified of the denial of registration for\nfailure to submit evidence, satisfactory to the department, of required\ncontinuing competency learning activities and who practices without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n (4) As used in subdivision two of this section, "acceptable learning\nactivities" shall mean activities which contribute to professional\npractice in occupational therapy, and which meet the standards\nprescribed in the regulations of the commissioner. Such learning\nactivities shall include, but not be limited to, collegiate level credit\nand non-credit courses, self-study activities, independent study, formal\nmentoring activities, publications in professional journals,\nprofessional development programs and technical sessions; such learning\nactivities may be offered and sponsored by national, state and local\nprofessional associations and other organizations or parties acceptable\nto the department, and any other organized educational and technical\nlearning activities acceptable to the department. The department may, in\nits discretion and as needed to contribute to the health and welfare of\nthe public, require the completion of continuing competency learning\nactivities in specific subjects to fulfill this mandatory continuing\ncompetency requirement. Learning activities must be taken from a sponsor\napproved by the department, pursuant to the regulations of the\ncommissioner.\n (5) Occupational therapists and occupational therapy assistants shall\nmaintain adequate documentation of completion of (a) a learning plan\nthat shall record current and anticipated roles and responsibilities but\nshall not require the records of peer review or self-assessment of\ncompetencies, and (b) acceptable continuing competency learning\nactivities and shall provide such documentation at the request of the\ndepartment. Failure to provide such documentation upon request of the\ndepartment shall be an act of misconduct subject to the disciplinary\nproceedings pursuant to section sixty-five hundred ten of this title.\n (6) The mandatory continuing competency fee shall be forty-five\ndollars for occupational therapists and twenty-five dollars for\noccupational therapy assistants, shall be payable on or before the first\nday of each triennial registration period, and shall be paid in addition\nto the triennial registration fee required by section seventy-nine\nhundred four of this article.\n