senate Bill S5086

Provides for mandatory continuing education for mental health counselors, marriage and family therapists, psychoanalysts and creative arts therapists

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / May / 2013
    • REFERRED TO HIGHER EDUCATION
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 21 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1611
  • 21 / Jun / 2013
    • SUBSTITUTED BY A7225

Summary

Provides for mandatory continuing education for mental health counselors, marriage and family therapists, psychoanalysts and creative arts therapists.

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Bill Details

See Assembly Version of this Bill:
A7225
Versions:
S5086
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Add ยง8412, Ed L

Sponsor Memo

BILL NUMBER:S5086

TITLE OF BILL: An act to amend the education law, in relation to
mandatory continuing education for licensed mental health counselors,
marriage and family therapists, psychoanalysts and creative arts
therapists

PURPOSE: To require each mental health counselor, marriage and family
therapist, psychoanalyst and creative arts therapist licensed in New
York to undergo mandatory continuing education.

SUMMARY OF PROVISIONS: The education law is amended by adding a new
section, 8412.

Section 8412-1:

(a) Requires that each licensed mental health counselor, marriage and
family therapist, psychoanalyst and creative arts therapist in New
York complete continuing education during each triennial registration.
These professionals must be issued a registration certificate to
continue practicing, unless a conditional registration certificate is
issued to them.

(b) Exempts continuing education requirements for the initial
triennial registration period and allows for adjustments for reasons
of health, extended active duty with the U.S. armed forces or for
other good cause.

(c) Those not engaged in practice, as determined by the department,
shall be exempt from the continuing education requirement upon the
filing of a statement with the department. Licensees who return to
practice shall notify the department prior to reentering and shall
meet all education requirements.

8412-2: Requires that thirty six hours of acceptable formal
continuing education, as specified in Section 8412-4, be completed
each triennial registration period, with a maximum of twelve hours
being self-instructional course work. Continuing education hours taken
during one triennium are nontransferable

8412-3: Authorizes the department to issue conditional registrations,
for up to one year, to licensees failing to meet the continuing
education requirements. Licensees who are denied registration and who
continue to practice may be subject to disciplinary proceedings.

8412-4: Defines "acceptable formal continuing education" as used in
Section 8412-2.

8412-5: Requires counselors, psychoanalysts and therapists to
maintain documentation of completion of "acceptable formal continuing
education" Failure to provide documentation to the department upon
request shall constitute misconduct subject to discipline.

8412-6: Sets forth the mandatory continuing education fee of
forty-five dollars, to be payable on or before the first day of each
triennial registration period.


JUSTIFICATION: As each of these important professions grow, it
becomes increasingly important for licensees to maintain adequate to
best practices. Requiring continuing education for practitioners in
these professions ensures that New York residents receive care from
licensed professionals who are well informed about current and
relevant practices in their fields.

LEGISLATIVE HISTORY:. New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately; provided,
however, section one of this act shall take effect June 30, 2014.
Effective immediately upon the passage of this bill, the state
education department is authorized to complete the addition, amendment
and/or repeal of any rule of regulation necessary for the
implementation of this act on its effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 5086                                                  A. 7225

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               May 8, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  DenDEKKER -- read once and
  referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to  mandatory  continuing
  education  for  licensed mental health counselors, marriage and family
  therapists, psychoanalysts and creative arts therapists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The education law is amended by adding a new section 8412
to read as follows:
  S 8412. MANDATORY CONTINUING EDUCATION. 1. (A)  EACH  LICENSED  MENTAL
HEALTH  COUNSELOR,  MARRIAGE  AND  FAMILY  THERAPIST, PSYCHOANALYST, AND
CREATIVE ARTS THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
ALLY 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  MENTAL  HEALTH  COUNSELORS,
MARRIAGE AND FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERA-
PISTS 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  MENTAL
HEALTH  COUNSELOR,  MARRIAGE  AND  FAMILY  THERAPIST, PSYCHOANALYST, AND
CREATIVE ARTS THERAPIST MAY PRACTICE WITHOUT HAVING  MET  SUCH  REQUIRE-
MENTS  IF  HE  OR  SHE  IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY  THERA-
PIST,  PSYCHOANALYST,  AND  CREATIVE ARTS THERAPIST SHALL BE EXEMPT FROM
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10436-02-3

S. 5086                             2                            A. 7225

TRATION 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 MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
PSYCHOANALYST, AND CREATIVE ARTS THERAPIST NOT ENGAGED IN  PRACTICE,  AS
DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
UING  EDUCATION  REQUIREMENT  UPON  THE  FILING  OF A STATEMENT WITH THE
DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE  PRAC-
TICE  OF  MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
ANALYSIS, AND CREATIVE ARTS THERAPY 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 REGIS-
TRATION AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
MUM OF THIRTY-SIX HOURS OF ACCEPTABLE  FORMAL  CONTINUING  EDUCATION,  A
MAXIMUM  OF  TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK
ACCEPTABLE TO THE DEPARTMENT.  ANY  LICENSED  MENTAL  HEALTH  COUNSELOR,
MARRIAGE  AND  FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERA-
PIST 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 SEVENTEEN, 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 SEVENTEEN UP TO THE
FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE
MANDATORY  CONTINUING EDUCATION REQUIREMENT SHALL NOT BE ISSUED A TRIEN-
NIAL 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 MAY NOT BE TRANSFERRED TO THE SUBSE-
QUENT 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 REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL 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 PRAC-
TICE IN MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY  THERAPY,  PSYCHO-
ANALYSIS,  OR  CREATIVE  ARTS  THERAPIES  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

S. 5086                             3                            A. 7225

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 DEPART-
MENT.    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  MENTAL  HEALTH COUNSELORS, MARRIAGE AND FAMILY
THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS 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  FEES  REQUIRED  BY PARAGRAPH (G) OF SUBDIVISION
THREE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE  AND  PARAGRAPH
(G)  OF  SUBDIVISION  THREE  OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS
ARTICLE.
  S 2.  This act shall take effect January 1, 2017.

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