N.Y. Education Law § 8356-a: Mandatory continuing education

* § 8356-a. Mandatory continuing education. 1. (a) Each licensed

athletic trainer, licensed pursuant to this article, shall be required

to register triennially with the department to practice in the state and

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 athletic

trainers who do not satisfy such mandatory continuing education

requirements shall not practice until they have met such requirements,

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

athletic trainer 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 athletic trainer shall be exempt from the mandatory

continuing education requirement for the triennial registration period

during which he or she is 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 athletic trainer 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

athletic training 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 athletic trainer shall complete a minimum of

forty-five hours of acceptable formal continuing education, as specified

in subdivision four of this section, provided that no more than fifteen

hours of such continuing education shall consist of self-study courses.

Any licensed athletic trainer whose first registration date following

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

such effective date shall complete continuing education hours on a

prorated basis, as determined by the department, beginning on such

effective date until his or her 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

shall 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. For purposes of this section: (a) "Acceptable learning activities"

shall include, but not be limited to, formal courses of learning which

contribute to professional practice in athletic training 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

(b) "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 any other organizations acceptable to the

department, and any other organized educational and technical programs

acceptable to the department. Formal courses shall be taken from a

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

pursuant to the regulations of the commissioner.

5. 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 the

mandatory continuing education requirement under this section.

6. A licensed athletic trainer 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.

7. The mandatory continuing education 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 section

eighty-three hundred fifty-five of this article.

* NB Effective December 22, 2028