§ 8412 — Mandatory continuing education

§ 8412. Mandatory continuing education. 1. (a) Each licensed mental\nhealth counselor, marriage and family therapist, psychoanalyst, and\ncreative arts therapist required under this article to register\ntriennially with the department to practice in this state, shall comply\nwith the provisions of mandatory continuing education requirements\nprescribed in subdivision two of this section, except as set forth in\nparagraphs (b) and (c) of this subdivision. Licensed mental health\ncounselors, marriage and family therapists, psychoanalysts, and creative\narts therapists who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand they have been issued a registration certificate, except that a\nlicensed mental health counselor, marriage and family therapist,\npsychoanalyst, and creative arts therapist may practice without having\nmet such requirements if he or she is issued a conditional registration\ncertificate pursuant to subdivision three of this section.\n (b) Each licensed mental health counselor, marriage and family\ntherapist, psychoanalyst, and creative arts therapist shall be exempt\nfrom the mandatory continuing education requirements for the triennial\nregistration period during which they are first licensed. In accordance\nwith the intent of this section, adjustment to the mandatory continuing\neducation requirement may be granted by the department for reasons of\nhealth that are certified by an appropriate health care professional,\nfor extended active duty with the armed forces of the United States, or\nfor other good cause acceptable to the department which may prevent\ncompliance.\n (c) A licensed mental health counselor, marriage and family therapist,\npsychoanalyst, and creative arts therapist 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 mental health counseling, marriage and family therapy,\npsychoanalysis, and creative arts therapy during the triennial\nregistration period shall notify the department prior to reentering the\nprofession and shall meet such mandatory education requirements as shall\nbe prescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration as a licensed mental health counselor, marriage and family\ntherapist, psychoanalyst, and creative arts therapist shall complete a\nminimum of thirty-six hours of acceptable formal continuing education, a\nmaximum of twelve hours of which may be self-instructional course work\nacceptable to the department. Any licensed mental health counselor,\nmarriage and family therapist, psychoanalyst, and creative arts\ntherapist whose first registration date following the effective date of\nthis section occurs less than three years from such effective date, but\non or after January first, two thousand seventeen, 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 seventeen\nup to the first registration date thereafter. A licensee who has not\nsatisfied the mandatory continuing education requirement shall not be\nissued a triennial registration certificate by the department and shall\nnot practice unless and until a conditional registration certificate is\nissued as provided for in subdivision three of this section. Continuing\neducation hours taken during one triennium may not be transferred to the\nsubsequent triennium.\n 3. (a) 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 (b) For purposes of this section "acceptable formal education" shall\nmean formal courses of learning which contribute to professional\npractice in mental health counseling, marriage and family therapy,\npsychoanalysis, or creative arts therapies and which meet the standards\nprescribed by regulations of the commissioner. Such formal courses of\nlearning shall include, but not be limited to, collegiate level credit\nand non-credit courses, professional development programs and technical\nsessions offered by national, state and local professional associations\nand other organizations acceptable to the department, and any other\norganized educational and technical programs acceptable to the\ndepartment. Continuing education courses must be taken from a provider\nwho has been approved by the department, based upon an application and\nfee, pursuant to the regulations of the commissioner. The department\nmay, in its discretion and as needed to contribute to the health and\nwelfare of the public, require the completion of continuing education\ncourses in specific subjects to fulfill this mandatory continuing\neducation requirement. Licensed mental health counselors, marriage and\nfamily therapists, psychoanalysts, and creative arts therapists shall\nmaintain adequate documentation of completion of acceptable formal\ncontinuing education 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 (c) 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 fees required by paragraph (g) of subdivision\nthree of section eighty-four hundred two of this article and paragraph\n(g) of subdivision three of section eighty-four hundred five of this\narticle.\n