N.Y. Education Law § 7607: Mandatory continuing education

§ 7607. Mandatory continuing education. 1. (a) Each psychologist

required under this article to register triennially with the department

to practice in this state, shall comply with the provisions for

mandatory continuing education prescribed in subdivision two of this

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

subdivision. Psychologists 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 psychologist 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 psychologist shall be exempt from the mandatory continuing

education requirements 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 that are

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 psychologist 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 psychology

during the triennial registration period shall notify the department

prior to reentering the profession and shall meet such continuing

education requirements as shall be prescribed by regulations of the

commissioner.

2. During each triennial registration period, an applicant for

registration as a psychologist shall complete a minimum of thirty-six

hours of acceptable learning activities, a minimum of three hours of

which shall be course work in the area of professional ethics, including

the laws, rules and regulations for practice in New York. Any

psychologist 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 twenty-one, shall complete

continuing education hours on a prorated basis at the rate of one hour

per month for the period beginning January first, two thousand

twenty-one up to the first registration date thereafter. A psychologist

who has not satisfied the mandatory continuing education requirement

shall not be issued a triennial registration certificate by the

department and shall not practice unless and until a conditional

registration is issued as provided for in subdivision three of this

section. Continuing education hours taken during one triennium may not

be transferred to the subsequent triennium.

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

registration to a psychologist 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 psychologist 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.

(b) For purposes of this section:

(i) "acceptable learning activities" shall include, but not be limited

to, formal courses of learning which contribute to professional practice

in psychology and/or self-study activities; independent study; formal

mentoring activities; publication in professional journals; or lectures,

which meet the standards prescribed by regulations of the commissioner;

and

(ii) "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. Formal courses must be taken from

a sponsor approved by the department, based upon an application and fee,

pursuant to the regulations of the commissioner.

(c) 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 credits in specific subjects to fulfill this

mandatory continuing education requirement.

(d) Psychologists shall maintain adequate documentation of completion

of acceptable continuing education credits 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.

(e) The mandatory continuing education fee shall be determined by the

department. Such fee 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 subdivision eight of section

seventy-six hundred three of this article.