Assembly Bill A8340C

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

                                  8340

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2009
                               ___________

Introduced by M. of A. MORELLE, COOK, STIRPE, KOON -- Multi-Sponsored by
  --  M.  of  A.  McENENY  -- read once and referred to the Committee on
  Higher Education

AN ACT to amend the education law, in relation to  mandatory  continuing
  education for massage 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  7807
to read as follows:
  S  7807.  MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED MASSAGE
THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY  WITH  THE
DEPARTMENT  TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED  IN  SUBDIVI-
SION  TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS  (B) AND (C)
OF THIS SUBDIVISION. MASSAGE THERAPISTS  WHO DO NOT SATISFY THE MANDATO-
RY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY  HAVE
MET  SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIF-
ICATE, EXCEPT THAT A MASSAGE THERAPIST 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) MASSAGE THERAPISTS SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY  ARE  FIRST  LICENSED.  IN  ACCORD 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 APPRO-
PRIATE 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  MASSAGE THERAPIST NOT ENGAGED IN PRACTICE, AS DETER-
MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11689-01-9
              

A. 8340                             2

DECLARING  SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS TO THE PRACTICE OF
MASSAGE 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  MASSAGE THERAPIST SHALL COMPLETE A MINIMUM OF THIRTY-SIX
HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN  SUBDI-
VISION FOUR OF THIS SECTION. ANY MASSAGE THERAPIST WHOSE FIRST REGISTRA-
TION  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 ELEVEN, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED
BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH FOR  THE  PERIOD  BEGINNING
JANUARY FIRST, TWO THOUSAND TEN UP TO THE FIRST REGISTRATION DATE THERE-
AFTER.  A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL  REGISTRATION  CERTIF-
ICATE  BY  THE  DEPARTMENT  AND  SHALL  NOT  PRACTICE UNLESS AND UNTIL A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION. CONTINUING EDUCATION  HOURS  TAKEN  DURING
ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION 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 CHAPTER.
  4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
EDUCATION"  SHALL  MEAN  FORMAL  COURSES OF LEARNING WHICH CONTRIBUTE TO
PROFESSIONAL PRACTICE IN MASSAGE THERAPY 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 DEPART-
MENT. 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 MANDA-
TORY CONTINUING EDUCATION REQUIREMENT. COURSES  MUST  BE  TAKEN  FROM  A
SPONSOR  APPROVED  BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
COMMISSIONER.
  5.  MASSAGE  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 CHAPTER.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-

A. 8340                             3

TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
  S  2. This act shall take effect January 1, 2010. Effective immediate-
ly, any rules and regulations necessary to implement the  provisions  of
this  act  on  its  effective  date  are  authorized  to be promulgated,
repealed and/or amended before such effective date.

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

                                 8340--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2009
                               ___________

Introduced  by  M. of A. MORELLE, COOK, STIRPE, KOON, CASTRO, BOYLAND --
  Multi-Sponsored by -- M. of  A.  FIELDS,  McENENY  --  read  once  and
  referred  to  the  Committee on Higher Education -- recommitted to the
  Committee on Higher Education in accordance with Assembly Rule 3, sec.
  2 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN  ACT  to amend the education law, in relation to mandatory continuing
  education for massage 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 7807
to read as follows:
  S 7807. MANDATORY CONTINUING EDUCATION. 1. (A) EACH MASSAGE  THERAPIST
LICENSED  PURSUANT TO THIS ARTICLE REQUIRED TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS
OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN  SUBDI-
VISION  TWO  OF  THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS  (B) AND
(C) OF THIS SUBDIVISION. MASSAGE THERAPISTS   WHO  DO  NOT  SATISFY  THE
MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
TION  CERTIFICATE,  EXCEPT THAT A MASSAGE THERAPIST MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) MASSAGE THERAPISTS SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY  ARE  FIRST  LICENSED.  IN  ACCORD WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  MAY  BE
GRANTED  BY  THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO-
PRIATE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11689-04-0
              

A. 8340--A                          2

  (C) A LICENSED MASSAGE THERAPIST NOT ENGAGED IN PROFESSIONAL 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  PRAC-
TICE  OF  MASSAGE 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 REGU-
LATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  AS  A  MASSAGE THERAPIST SHALL COMPLETE A MINIMUM 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 MASSAGE THERAPIST WHOSE FIRST REGISTRATION DATE  FOLLOW-
ING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM
SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN,
SHALL  COMPLETE  CONTINUING  EDUCATION  HOURS ON A PRORATED BASIS AT THE
RATE OF ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY  FIRST,
TWO  THOUSAND  ELEVEN  UP  TO  THE 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, OR UNTIL HE OR SHE HAS OTHERWISE MET THE REQUIREMENTS
OF THIS SECTION.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  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 CHAPTER.
  4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING  EDUCATION"  MAY  MEAN  FORMAL  PROGRAMS  OF  LEARNING  WHICH
CONTRIBUTE TO PROFESSIONAL PRACTICE IN MASSAGE THERAPY WHICH ARE OFFERED
BY  SPONSORS  OF  MASSAGE  THERAPY  CONTINUING EDUCATION APPROVED BY THE
DEPARTMENT IN CONSULTATION WITH THE STATE BOARD FOR MASSAGE THERAPY,  TO
FULFILL  THE  MANDATORY  CONTINUING  EDUCATION  REQUIREMENT. SPONSORS OF
MASSAGE THERAPY CONTINUING EDUCATION MAY INCLUDE, BUT  ARE  NOT  LIMITED
TO,  STATE  OR NATIONAL PROFESSIONAL ASSOCIATIONS ESTABLISHED TO FURTHER
THE MASSAGE THERAPY PROFESSION, AND MAY INCLUDE ANY AFFILIATES OF INTER-
NATIONAL MASSAGE THERAPY CONFERENCES AT  WHICH  PROFESSIONAL  CONTINUING
EDUCATION IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS UNIVERSI-
TIES  AND COLLEGES OFFERING PROGRAMS LEADING TO LICENSURE IN THE MASSAGE
THERAPY PROFESSION. SPONSORS OF MASSAGE THERAPY SHALL FILE  AN  APPLICA-
TION WITH THE DEPARTMENT AND PAY A FEE OF NINE HUNDRED DOLLARS.
  5.   MASSAGE  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

A. 8340--A                          3

MISCONDUCT SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER.
  S 2. This act shall take effect January 1, 2011. Effective  immediate-
ly,  any  rules and regulations necessary to implement the provisions of
this act on  its  effective  date  are  authorized  to  be  promulgated,
repealed and/or amended before such effective date.

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

                                 8340--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2009
                               ___________

Introduced  by  M. of A. MORELLE, COOK, STIRPE, KOON, CASTRO, BOYLAND --
  Multi-Sponsored by -- M. of  A.  FIELDS,  McENENY  --  read  once  and
  referred  to  the  Committee on Higher Education -- recommitted to the
  Committee on Higher Education in accordance with Assembly Rule 3, sec.
  2 -- committee discharged, bill amended, ordered reprinted as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN  ACT  to amend the education law, in relation to mandatory continuing
  education for massage 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 7807
to read as follows:
  S 7807. MANDATORY CONTINUING EDUCATION. 1. (A) EACH MASSAGE  THERAPIST
LICENSED  PURSUANT TO THIS ARTICLE REQUIRED TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS
OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN  SUBDI-
VISION  TWO  OF  THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS  (B) AND
(C) OF THIS SUBDIVISION. MASSAGE THERAPISTS   WHO  DO  NOT  SATISFY  THE
MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS  SHALL NOT PRACTICE UNTIL
THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED  A  REGISTRA-
TION  CERTIFICATE,  EXCEPT THAT A MASSAGE THERAPIST MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) MASSAGE THERAPISTS SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH
THEY  ARE  FIRST  LICENSED.  IN  ACCORD WITH THE INTENT OF THIS SECTION,
ADJUSTMENTS TO THE MANDATORY CONTINUING  EDUCATION  REQUIREMENT  MAY  BE
GRANTED  BY  THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO-
PRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11689-10-0
              

A. 8340--B                          2

FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE  TO  THE
DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED MASSAGE THERAPIST NOT ENGAGED IN PROFESSIONAL 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  PRAC-
TICE  OF  MASSAGE 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 REGU-
LATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  AS  A  MASSAGE THERAPIST SHALL COMPLETE A MINIMUM 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 MASSAGE THERAPIST WHOSE FIRST REGISTRATION DATE  FOLLOW-
ING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM
SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN,
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 ELEVEN UP TO THE 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  DEPART-
MENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION
CERTIFICATE IS ISSUED AS PROVIDED  FOR  IN  SUBDIVISION  THREE  OF  THIS
SECTION,  OR  UNTIL HE OR SHE HAS OTHERWISE MET THE REQUIREMENTS OF THIS
SECTION.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  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 CHAPTER.
  4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING  EDUCATION"  MAY  MEAN  FORMAL  PROGRAMS  OF  LEARNING  WHICH
CONTRIBUTE TO PROFESSIONAL PRACTICE IN MASSAGE THERAPY WHICH ARE OFFERED
BY  SPONSORS  OF  MASSAGE  THERAPY  CONTINUING EDUCATION APPROVED BY THE
DEPARTMENT IN CONSULTATION WITH THE STATE BOARD FOR MASSAGE THERAPY,  TO
FULFILL  THE  MANDATORY  CONTINUING  EDUCATION  REQUIREMENT. SPONSORS OF
MASSAGE THERAPY CONTINUING EDUCATION MAY INCLUDE, BUT  ARE  NOT  LIMITED
TO,  STATE  OR NATIONAL PROFESSIONAL ASSOCIATIONS ESTABLISHED TO FURTHER
THE MASSAGE THERAPY PROFESSION, AND MAY INCLUDE ANY AFFILIATES OF INTER-
NATIONAL MASSAGE THERAPY CONFERENCES AT  WHICH  PROFESSIONAL  CONTINUING
EDUCATION  IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS PROGRAMS
REGISTERED AS LICENSURE-QUALIFYING FOR THE PROFESSION OF MASSAGE THERAPY
BY THE DEPARTMENT.  SPONSORS OF MASSAGE THERAPY SHALL FILE  AN  APPLICA-
TION  WITH  THE DEPARTMENT AND PAY A FEE OF NINE HUNDRED DOLLARS.  WHILE
PRESENTERS OF DIDACTIC INSTRUCTION MAY BE PROVIDED BY  PERSONS  WHO  ARE
NOT LICENSED BY THE STATE OF NEW YORK AS MASSAGE THERAPISTS, THE PRACTI-
CAL  APPLICATION  OF  SUCH  MODALITIES  AND  TECHNIQUES  MUST BE DONE BY

A. 8340--B                          3

LICENSED MASSAGE THERAPISTS, OR THOSE OTHERWISE  AUTHORIZED,  WHEN  THIS
CONTINUING EDUCATION OCCURS IN THE STATE OF NEW YORK.
  5.   MASSAGE  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 CHAPTER.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER.
  S 2. This act shall take effect January 1, 2012. Effective  immediate-
ly,  any  rules and regulations necessary to implement the provisions of
this act on  its  effective  date  are  authorized  to  be  promulgated,
repealed and/or amended before such effective date.