§ 8209 — Mandatory continuing competency

§ 8209. Mandatory continuing competency. (1)(a) Each licensed\nspeech-language pathologist and audiologist required under this article\nto register triennially with the department to practice in the state\nshall comply with the provisions of the mandatory continuing competency\nrequirements prescribed in subdivision two of this section, except as\nprovided in paragraphs (b) and (c) of this subdivision. Speech-language\npathologists and audiologists who do not satisfy the mandatory\ncontinuing competency requirements shall not be authorized to practice\nuntil they have met such requirements, and they have been issued a\nregistration certificate, except that a speech-language pathologist or\naudiologist may practice without having met such requirements if he or\nshe is issued a conditional registration pursuant to subdivision three\nof this section.\n (b) Speech-language pathologists and audiologists shall be exempt from\nthe mandatory continuing competency requirement for the triennial\nregistration period during which they are first licensed. Adjustment to\nthe mandatory continuing competency requirements may be granted by the\ndepartment for reasons of health of the licensee where 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 speech-language pathologist or audiologist not engaged\nin practice, as determined by the department, shall be exempt from the\nmandatory continuing competency requirement upon the filing of a\nstatement with the department declaring such status. Any licensee who\nreturns to the practice of speech-language pathology or audiology during\nthe triennial registration period shall notify the department prior to\nreentering the profession and shall meet such mandatory continuing\ncompetency requirements as shall be prescribed by regulations of the\ncommissioner.\n (2) During each triennial registration period an applicant for\nregistration as either a speech-language pathologist or audiologist\nshall complete a minimum of thirty hours of learning activities which\ncontribute to continuing competence, as specified in subdivision four of\nthis section, provided further that at least twenty hours shall be in\nrecognized areas of study pertinent to the licensee's professional scope\nof practice of speech language pathology and/or audiology. Any\nspeech-language pathologist or audiologist whose first registration date\nfollowing the effective date of this section occurs less than three\nyears from such effective date, but on or after January first, two\nthousand one, shall complete continuing competency hours on a prorated\nbasis at the rate of one-half hour per month for the period beginning\nJanuary first, two thousand one up to the first registration date.\nThereafter, a licensee who has not satisfied the mandatory continuing\ncompetency requirements shall not be issued a triennial registration\ncertificate by the department and shall not practice unless and until a\nconditional registration certificate is issued as provided for in\nsubdivision three of this section. Continuing competency hours taken\nduring one triennium may 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 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 speech-language pathology and/or audiology, and which meet\nthe standards prescribed in the regulations of the commissioner. Such\nlearning activities shall include, but not be limited to, collegiate\nlevel credit and non-credit courses, self-study activities, independent\nstudy, formal mentoring activities, publications in professional\njournals, professional development programs and technical sessions; such\nlearning activities may be offered and sponsored by national, state and\nlocal professional associations and other organizations or parties\nacceptable to the department, and any other organized educational and\ntechnical learning activities acceptable to the department. The\ndepartment may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\ncompetency learning activities in specific subjects to fulfill this\nmandatory continuing competency requirement. For speech-language\npathologists who are employed in school settings as teachers of the\nspeech and hearing handicapped or as teachers of students with speech\nand language disabilities, acceptable learning activities shall also\ninclude professional development programs and technical sessions\nspecific to teaching students with speech and language disabilities\nincluding those designed to improve methods for teaching such students,\naligned with professional development plans in accordance with\nregulations of the commissioner and promoting the attainment of\nstandards for such students. Learning activities must be taken from a\nsponsor approved by the department, pursuant to the regulations of the\ncommissioner.\n (5) Speech-language pathologists and audiologists shall maintain\nadequate documentation of completion of acceptable continuing competency\nlearning activities and shall provide such documentation at the request\nof the department. Failure to provide such documentation upon the\nrequest of the department shall be an act of misconduct subject to\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\nthis title.\n (6) The mandatory continuing competency fee shall be fifty 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 eighty-two hundred six of this\narticle.\n