§ 8356-A — Mandatory continuing education

* § 8356-a. Mandatory continuing education. 1. (a) Each licensed\nathletic trainer, licensed pursuant to this article, shall be required\nto register triennially with the department to practice in the state and\nshall comply with the provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Licensed athletic\ntrainers who do not satisfy such mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a licensed\nathletic trainer may practice without having met such requirements if he\nor she is issued a conditional registration certificate pursuant to\nsubdivision three of this section.\n (b) Each licensed athletic trainer shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which he or she is first licensed. In accordance with the intent\nof this section, adjustment to the mandatory continuing education\nrequirement may be granted by the department for reasons of health\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 athletic trainer not engaged in practice, as determined\nby the department, shall be exempt from the mandatory continuing\neducation requirement upon the filing of a statement with the department\ndeclaring such status. Any licensee who returns to the practice of\nathletic training during the triennial registration period shall notify\nthe department prior to reentering the profession and shall meet such\nmandatory education requirements as shall be prescribed by regulations\nof the commissioner.\n 2. During each triennial registration period, an applicant for\nregistration as a licensed athletic trainer shall complete a minimum of\nforty-five hours of acceptable formal continuing education, as specified\nin subdivision four of this section, provided that no more than fifteen\nhours of such continuing education shall consist of self-study courses.\nAny licensed athletic trainer whose first registration date following\nthe effective date of this section occurs less than three years from\nsuch effective date shall complete continuing education hours on a\nprorated basis, as determined by the department, beginning on such\neffective date until his or her first registration date thereafter. A\nlicensee who has not satisfied the mandatory continuing education\nrequirements shall not be issued a triennial registration certificate by\nthe department 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\nshall 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. For purposes of this section: (a) "Acceptable learning activities"\nshall include, but not be limited to, formal courses of learning which\ncontribute to professional practice in athletic training and/or\nself-study activities; independent study; formal mentoring activities;\npublication in professional journals; or lectures, which meet the\nstandards prescribed by regulations of the commissioner; and\n (b) "Formal courses of learning" shall include, but not be limited to,\ncollegiate level credit and non-credit courses, professional development\nprograms and technical sessions offered by national, state and local\nprofessional associations and any other organizations acceptable to the\ndepartment, and any other organized educational and technical programs\nacceptable to the department. Formal courses shall be taken from a\nsponsor approved by the department, based upon an application and fee,\npursuant to the regulations of the commissioner.\n 5. 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 the\nmandatory continuing education requirement under this section.\n 6. A licensed athletic trainer shall maintain adequate documentation\nof completion of acceptable formal continuing education and shall\nprovide such documentation at the request of the department. Failure to\nprovide such documentation upon the request of the department shall be\nan act of misconduct subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n 7. The mandatory continuing education fee shall be payable on or\nbefore the first day of each triennial registration period, and shall be\npaid in addition to the triennial registration fee required by section\neighty-three hundred fifty-five of this article.\n * NB Effective December 22, 2028\n