N.Y. Education Law § 6742-a: Mandatory continuing education

§ 6742-a. Mandatory continuing education. 1. (a) Each licensed

physical therapist and licensed physical therapist assistant required

under this article to register triennially with the department to

practice in the state shall comply with the provisions of the mandatory

continuing education requirements prescribed in subdivision two of this

section except as set forth in paragraphs (b) and (c) of this

subdivision. Licensed physical therapist and licensed physical therapist

assistants who do not satisfy the mandatory continuing education

requirements shall not practice until they have met such requirements,

and they have been issued a registration certificate, except that a

licensed physical therapist or licensed physical therapist assistant may

practice without having met such requirements if he or she is issued a

conditional registration certificate pursuant to subdivision three of

this section.

(b) Each licensed physical therapist and licensed physical therapist

assistant shall be exempt from the mandatory continuing education

requirement for the triennial registration period during which they are

first licensed. In accordance with the intent of this section,

adjustment to the mandatory continuing education requirement may be

granted by the department for reasons of health certified by an

appropriate health care professional, for extended active duty with the

armed forces of the United States, or for other good cause acceptable to

the department which may prevent compliance.

(c) A licensed physical therapist and licensed physical therapist

assistant not engaged in practice, as determined by the department,

shall be exempt from the mandatory continuing education requirement upon

the filing of a statement with the department declaring such status. Any

licensee who returns to the practice of physical therapy during the

triennial registration period shall notify the department prior to

reentering the profession and shall meet such mandatory education

requirements as shall be prescribed by regulations of the commissioner.

2. During each triennial registration period an applicant for

registration as a licensed physical therapist or licensed physical

therapist assistant shall complete a minimum of thirty-six hours of

acceptable formal continuing education, as specified in subdivision four

of this section. Any licensed physical therapist or licensed physical

therapist assistant whose first registration date following the

effective date of this section occurs less than three years from such

effective date, but on or after January first, two thousand ten, shall

complete continuing education hours on a prorated basis at the rate of

one-half hour per month for the period beginning January first, two

thousand ten up to the first registration date thereafter. A licensee

who has not satisfied the mandatory continuing education requirements

shall not be issued a triennial registration certificate by the

department and shall not practice unless and until a conditional

registration certificate is issued as provided for in subdivision three

of this section. Continuing education hours taken during one triennium

may not be transferred to a subsequent triennium.

3. The department, in its discretion, may issue a conditional

registration to a licensee who fails to meet the continuing education

requirements established in subdivision two of this section but who

agrees to make up any deficiencies and complete any additional education

which the department may require the fee for such a conditional

registration shall be the same as, and in addition to, the fee for the

triennial registration. The duration of such conditional registration

shall be determined by the department but shall not exceed one year. Any

licensee who is notified of the denial of registration for failure to

submit evidence, satisfactory to the department, of required continuing

education and who practices without such registration may be subject to

disciplinary proceedings pursuant to section sixty-five hundred ten of

this title.

4. As used in subdivision two of this section, "acceptable formal

education" shall mean formal courses of learning which contribute to

professional practice in physical therapy and which meet the standards

prescribed by regulations of the commissioner. Such formal courses of

learning shall include, but not be limited to, collegiate level credit

and non-credit courses, professional development programs and technical

sessions offered by national, state and local professional associations

and other organizations acceptable to the department, and any other

organized educational and technical programs acceptable to the

department. The department may, in its discretion and as needed to

contribute to the health and welfare of the public, require the

completion of continuing education courses in specific subjects to

fulfill this mandatory continuing education requirement. Courses must be

taken from a sponsor approved by the department, pursuant to the

regulations of the commissioner.

5. Licensed physical therapist or licensed physical therapist

assistant shall maintain adequate documentation of completion of

acceptable formal continuing education and shall provide such

documentation at the request of the department. Failure to provide such

documentation upon the request of the department shall be an act of

misconduct subject to disciplinary proceedings pursuant to section

sixty-five hundred ten of this title.

6. The mandatory continuing education fee shall be forty-five dollars,

shall be payable on or before the first day of each triennial

registration period, and shall be paid in addition to the triennial

registration fee required by section sixty-seven hundred thirty-four of

this article.