N.Y. Education Law § 7710: Mandatory continuing education

§ 7710. Mandatory continuing education. 1. (a) Each licensed master

social worker or licensed clinical social worker required under this

article to register triennially with the department to practice in this

state, shall comply with the provisions of mandatory continuing

education requirements prescribed in subdivision two of this section,

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

Licensed master social workers or licensed clinical social workers 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 master social worker

or licensed clinical social worker 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 master social worker or licensed clinical social

worker 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 licensed master social worker or a licensed clinical social

worker 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 social work 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.

(d) A licensed clinical social worker who is also licensed and

registered to practice as a licensed master social worker in the same

triennial registration period, shall not be required to complete more

than thirty-six hours of continuing education in the triennial

registration period, or one hour per month for a registration period

other than thirty-six months.

2. During each triennial registration period an applicant for

registration as a licensed master social worker or licensed clinical

social worker shall complete a minimum of thirty-six hours of acceptable

formal continuing education. Any licensed master social worker or

licensed clinical social worker 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

fifteen, 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 fifteen up to the first registration date

thereafter. A licensee 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 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.

(b) For purposes of this section "acceptable formal education" shall

mean formal courses of learning which contribute to professional

practice in social work 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.

Continuing education courses must be taken from a provider who has been

approved by the department, based upon an application and fee, pursuant

to the regulations of the commissioner. 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. Licensed master social workers or licensed clinical social

workers 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.

(c) 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 paragraph (g) of subdivision one

and paragraph (g) of subdivision two of section seventy-seven hundred

four of this article.