STATE OF NEW YORK ________________________________________________________________________ 5918 2017-2018 Regular Sessions IN SENATE May 5, 2017 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to mandatory continuing education for psychologists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 7607 2 to read as follows: 3 § 7607. Mandatory continuing education. 1. (a) Each psychologist 4 required under this article to register triennially with the department 5 to practice in this state, shall comply with the provisions for mandato- 6 ry continuing education prescribed in subdivision two of this section, 7 except as set forth in paragraphs (b) and (c) of this subdivision. 8 Psychologists who do not satisfy the provisions for mandatory continuing 9 education shall not practice until they have met such requirements and 10 they have been issued a registration certificate, except that a psychol- 11 ogist may practice without having met such requirements if he or she is 12 issued a conditional registration certificate pursuant to subdivision 13 three of this section. 14 (b) Each psychologist shall be exempt from the mandatory continuing 15 education requirements for the triennial registration period during 16 which they are first licensed. In accordance with the intent of this 17 section, adjustment to the provisions for mandatory continuing education 18 may be granted by the department for reasons of health that are certi- 19 fied by an appropriate health care professional, for extended active 20 duty with the armed forces of the United States, or for other good cause 21 acceptable to the department which may prevent compliance. 22 (c) A psychologist not engaged in practice, as determined by the 23 department, shall be exempt from mandatory continuing education upon the 24 filing of a statement with the department declaring such status. Any 25 licensee who returns to the practice of psychology during the triennial EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11442-01-7

S. 5918 2 1 registration period shall notify the department prior to reentering the 2 profession and shall meet such continuing education requirements as 3 shall be prescribed by regulations of the commissioner. 4 2. During each triennial registration period, an applicant for regis- 5 tration as a psychologist shall complete a minimum of fifty-four hours 6 of acceptable formal continuing education, a minimum of nine hours of 7 which shall be course work in the area of professional ethics. Any 8 psychologist whose first registration date following the effective date 9 of this section occurs less than three years from such effective date, 10 but on or after January first, two thousand nineteen, shall complete 11 continuing education hours on a prorated basis at the rate of one hour 12 per month for the period beginning January first, two thousand nineteen 13 up to the first registration date thereafter. A psychologist who has not 14 satisfied the mandatory continuing education requirement shall not be 15 issued a triennial registration certificate by the department and shall 16 not practice unless and until a conditional registration is issued as 17 provided for in subdivision three of this section. Continuing education 18 hours taken during one triennium may not be transferred to the subse- 19 quent triennium. 20 3. (a) The department, in its discretion, may issue a conditional 21 registration to a psychologist who fails to meet the continuing educa- 22 tion requirements established in subdivision two of this section, but 23 who agrees to make up any deficiencies and complete any additional 24 education which the department may require. The fee for such a condi- 25 tional registration shall be the same as, and in addition to, the fee 26 for the triennial registration. The duration of such conditional regis- 27 tration shall be determined by the department, but shall not exceed one 28 year. Any psychologist who is notified of the denial of registration for 29 failure to submit evidence, satisfactory to the department, of required 30 continuing education and who practices without such registration may be 31 subject to disciplinary proceedings pursuant to section sixty-five 32 hundred ten of this title. 33 (b) For purposes of this section "acceptable formal continuing educa- 34 tion" shall mean formal courses of learning that contribute to profes- 35 sional practice in psychology and which meet the standards prescribed by 36 regulations of the commissioner. Such formal courses of learning shall 37 include, but not be limited to, collegiate level credit and non-credit 38 courses, professional development programs and technical sessions 39 offered by national, state, and local professional associations and 40 other organizations acceptable to the department, and any other organ- 41 ized educational and technical programs acceptable to the department. 42 Continuing education courses must be taken from a provider who has been 43 approved by the department, based upon an application and fee, pursuant 44 to the regulations of the commissioner. The department may, in its 45 discretion and as needed to contribute to the health and welfare of the 46 public, require the completion of continuing education courses in 47 specific subjects to fulfill this mandatory continuing education 48 requirement. Psychologists shall maintain adequate documentation of 49 having completed acceptable formal continuing education and shall 50 provide such documentation at the request of the department. Failure to 51 provide such documentation upon the request of the department shall be 52 an act of misconduct subject to disciplinary proceedings pursuant to 53 section sixty-five hundred ten of this title. 54 (c) The fee for registering continuing education hours shall be deter- 55 mined by the department. Such fee shall be payable on or before the 56 first day of each triennial registration period, and shall be paid in

S. 5918 3 1 addition to the triennial registration fee required by paragraph (g) of 2 subdivision one and paragraph (g) of subdivision two of section seven- 3 ty-seven hundred four of this article. 4 § 2. This act shall take effect January 1, 2019; provided, however, 5 that effective immediately, the department of education is authorized to 6 take such steps in advance of such effective date, including the addi- 7 tion, amendment, and/or repeal of any rules or regulations as may be 8 necessary, to ensure the timely implementation of the provisions of this 9 act on such effective date.

Provides for mandatory continuing education for psychologists

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