N.Y. Education Law § 7908: Mandatory continuing competency

§ 7908. Mandatory continuing competency. (1)(a) Each licensed

occupational therapist and occupational therapy 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

competency requirements prescribed in subdivision two of this section,

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

Occupational therapists and occupational therapy assistants who do not

satisfy the mandatory continuing competency requirements shall not be

authorized to practice until they have met such requirements, and they

have been issued a registration certificate, except that an occupational

therapist or occupational therapy assistant may practice without having

met such requirements if he or she is issued a conditional registration

pursuant to subdivision three of this section.

(b) Occupational therapists and occupational therapy assistants shall

be exempt from the mandatory continuing competency requirement for the

triennial registration period during which they are first licensed.

Adjustment to the mandatory continuing competency requirements may be

granted by the department for reasons of health of the licensee where

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 occupational therapist or occupational therapy

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

shall be exempt from the mandatory continuing competency requirement

upon the filing of a statement with the department declaring such

status. Any licensee who returns to the practice of occupational therapy

during the triennial registration period shall notify the department

prior to reentering the profession and shall meet such mandatory

continuing competency requirements as shall be prescribed by regulations

of the commissioner.

(2) (a) During each triennial registration period an applicant for

registration as an occupational therapist shall complete a minimum of

thirty-six hours of learning activities which contribute to continuing

competence, as specified in subdivision four of this section, provided

further that at least twenty-four hours shall be in areas of study

pertinent to the scope of practice of occupational therapy. With the

exception of continuing education hours taken during the registration

period immediately preceding the effective date of this section,

continuing education hours taken during one triennium may not be

transferred to a subsequent triennium.

(b) During each triennial registration period an applicant for

registration as an occupational therapy assistant shall complete a

minimum of thirty-six hours of learning activities which contribute to

continuing competence as specified in subdivision four of this section,

provided further that at least twenty-four hours shall be in recognized

areas of study pertinent to the licensee's professional scope of

practice of occupational therapy. With the exception of continuing

education hours taken during the registration period immediately

preceding the effective date of this section, continuing education hours

taken during one triennium may not be transferred to a subsequent

triennium.

(c) Any occupational therapist or occupational therapy 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 thirteen, shall complete continuing

competency hours on a prorated basis at the rate of one-half hour per

month for the period beginning January first, two thousand thirteen up

to the first registration date.

(d) Thereafter, a licensee who has not satisfied the mandatory

continuing competency 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.

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

registration to a licensee who fails to meet the continuing competency

requirements established in subdivision two of this section, but who

agrees to make up any deficiencies and complete any additional learning

activities 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 competency learning activities 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 learning

activities" shall mean activities which contribute to professional

practice in occupational therapy, and which meet the standards

prescribed in the regulations of the commissioner. Such learning

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

and non-credit courses, self-study activities, independent study, formal

mentoring activities, publications in professional journals,

professional development programs and technical sessions; such learning

activities may be offered and sponsored by national, state and local

professional associations and other organizations or parties acceptable

to the department, and any other organized educational and technical

learning activities 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 competency learning

activities in specific subjects to fulfill this mandatory continuing

competency requirement. Learning activities must be taken from a sponsor

approved by the department, pursuant to the regulations of the

commissioner.

(5) Occupational therapists and occupational therapy assistants shall

maintain adequate documentation of completion of (a) a learning plan

that shall record current and anticipated roles and responsibilities but

shall not require the records of peer review or self-assessment of

competencies, and (b) acceptable continuing competency learning

activities and shall provide such documentation at the request of the

department. Failure to provide such documentation upon request of the

department shall be an act of misconduct subject to the disciplinary

proceedings pursuant to section sixty-five hundred ten of this title.

(6) The mandatory continuing competency fee shall be forty-five

dollars for occupational therapists and twenty-five dollars for

occupational therapy assistants, 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 seventy-nine

hundred four of this article.