NY State Senate Bill S5431C

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.463
Aug 18, 2010	delivered to governor
Jun 23, 2010	returned to senate passed assembly ordered to third reading rules cal.132 substituted for a8340c
Jun 16, 2010	referred to ways and means
Jun 15, 2010	delivered to assembly passed senate ordered to third reading cal.966
Jun 14, 2010	committee discharged and committed to rules
May 28, 2010	print number 5431c
May 28, 2010	amend and recommit to codes
May 19, 2010	print number 5431b
May 19, 2010	amend and recommit to codes
May 12, 2010	reported and committed to codes
Mar 15, 2010	print number 5431a
Mar 15, 2010	amend and recommit to higher education
Jan 06, 2010	referred to higher education
Jun 03, 2009	reported and committed to finance
May 04, 2009	referred to higher education

Votes

view votes

Jun 15, 2010 - floor Vote

S5431C

floor

Aye

Nay

Absent

Excused

Abstained

Jun 14, 2010 - Rules committee Vote

S5431C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 12, 2010 - Higher Education committee Vote

S5431A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

S5431 - Details

See Assembly Version of this Bill:: A8340
Law Section:: Education Law
Laws Affected:: Add §7807, Ed L

S5431 - Summary

Requires massage therapists to complete thirty-six hours of continuing education each registration period.

S5431 - Sponsor Memo

 BILL NUMBER:  S5431

 TITLE OF BILL :

An act to amend the education law, in relation to mandatory continuing
education for massage therapists


 PURPOSE :

Enactment of this legislation would require massage therapists to
complete thirty six hours of continuing education each registration
period.

 SUMMARY OF PROVISIONS :

Section 1 amends the education law by adding a new section 7807 to
require mandatory continuing education. It provides those massage
therapists required to register triennially with the State Education
Department to practice in New York State shall comply with this
statute, and failure to do so will not allow such LMT to practice. A
conditional registration may be issued in certain circumstances.  An
exemption will be granted to massage therapists for their initial
triennial registration period.  Any licensed massage therapist not
engaged in practice shall be exempt, however any return to practicing
will trigger the mandatory continuing education requirement.

Subsection two mandates a minimum of thirty six hours of acceptable
formal continuing education during the triennial period, with
provisions being made for prorated requirements in certain instances.

Subsection three outlines the Education Department's ability to issue
a conditional registration to licensees who fail to complete th e
required continuing education, including fees associated with such
registration, along with the duration of such conditional
registration.

Subsection four explains the term "acceptable formal education" and
what is acceptable under such definition.

Subsection five provides that massage therapists shall maintain
adequate documentation of continuing education and make such
information available to the Education Department.

Subsection six established a continuing education fee of forty five
dollars which will be paid in addition to the triennial registration
fee.

 EXISTING LAW :

New York State law does not require mandatory continuing education for
licensed massage therapists (LMTs).

 JUSTIFICATION :

Currently 37 states have mandatory continuing education for licensed
massage therapists. If enacted, this law would protect public safety
by ensuring LMT's are properly trained and up to date in the latest
methods and techniques, while also protecting the profession by
ensuring that all are held to the same standards. It would also give
additional strength in combating illegal practices.

This legislation is supported by the American Massage Therapy
Association which states that continuing education classes can help
LMT's advance their knowledge and professionalism, keep up with new

massage therapy information and research, and make connections between
experience and training.

 LEGISLATIVE HISTORY :

New bill - 2009.

 FISCAL IMPLICATIONS :

Positive for New York State.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
January 1, 2010.

S5431 - Bill Text download pdf

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

                                  5431

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- 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 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
DECLARING  SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS TO THE PRACTICE OF

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

S. 5431                             2

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-

S. 5431                             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.

S5431A - Details

See Assembly Version of this Bill:: A8340
Law Section:: Education Law
Laws Affected:: Add §7807, Ed L

S5431A - Summary

Requires massage therapists to complete thirty-six hours of continuing education each registration period.

S5431A - Sponsor Memo

 BILL NUMBER:  S5431A

 TITLE OF BILL :

An act to amend the education law, in relation to mandatory continuing
education for massage therapists


 PURPOSE :

Enactment of this legislation would require massage therapists to
complete thirty six hours of continuing education each registration
period.

 SUMMARY OF PROVISIONS :

Section 1 amends the education law by adding a new section 7807 to
require mandatory continuing education. It provides those massage
therapists required to register triennially with the State Education
Department to practice in New York State shall comply with this
statute, and failure to do so will not allow such LMT to practice. A
conditional registration may be issued in certain circumstances. An
exemption will be granted to massage therapists for their initial
triennial registration period. Any licensed massage therapist not
engaged in practice shall be exempt, however any return to practicing
will trigger the mandatory continuing education requirement.

Subsection two mandates a minimum of thirty six hours of acceptable
formal continuing education during the triennial period, with
provisions being made for prorated requirements in certain instances.

Subsection three outlines the Education Department's ability to issue
a conditional registration to licensees who fail to complete th e
required continuing education, including fees associated with such
registration, along with the duration of such conditional
registration.

Subsection four explains the term "acceptable formal education" and
what is acceptable under such definition.

Subsection five provides that massage therapists shall maintain
adequate documentation of continuing education and make such
information available to the Education Department.

Subsection six established a continuing education fee of forty five
dollars which will be paid in addition to the triennial registration
fee.

 EXISTING LAW :

New York State law does not require mandatory continuing education for
licensed massage therapists (LMTs).

 JUSTIFICATION :

Currently 37 states have mandatory continuing education for licensed
massage therapists. If enacted, this law would protect public safety
by ensuring LMT's are properly trained and up to date in the latest
methods and techniques, while also protecting the profession by
ensuring that all are held to the same standards. It would also give
additional strength in combating illegal practices.

This legislation is supported by the American Massage Therapy
Association which states that continuing education classes can help
LMT's advance their knowledge and professionalism, keep up with new

massage therapy information and research, and make connections between
experience and training.

 LEGISLATIVE HISTORY :

New bill - 2009.

 FISCAL IMPLICATIONS :

Positive for New York State.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
January 1, 2011.

S5431A - Bill Text download pdf

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

                                 5431--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- 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.
                                                           LBD11689-05-0

S. 5431--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

S. 5431--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.

S5431B - Details

See Assembly Version of this Bill:: A8340
Law Section:: Education Law
Laws Affected:: Add §7807, Ed L

S5431B - Summary

Requires massage therapists to complete thirty-six hours of continuing education each registration period.

S5431B - Sponsor Memo

 BILL NUMBER:  S5431B

 TITLE OF BILL :

An act to amend the education law, in relation to mandatory continuing
education for massage therapists


 PURPOSE :

Enactment of this legislation would require massage therapists to
complete thirty six hours of continuing education each registration
period.

 SUMMARY OF PROVISIONS :

Section 1 amends the education law by adding a new section 7807 to
require mandatory continuing education. It provides those massage
therapists required to register triennially with the State Education
Department to practice in New York State shall comply with this
statute, and failure to do so will not allow such LMT to practice. A
conditional registration may be issued in certain circumstances. An
exemption will be granted to massage therapists for their initial
triennial registration period. Any licensed massage therapist not
engaged in practice shall be exempt, however any return to practicing
will trigger the mandatory continuing education requirement.

Subsection two mandates a minimum of thirty six hours of acceptable
formal continuing education during the triennial period, with
provisions being made for prorated requirements in certain instances.

Subsection three outlines the Education Department's ability to issue
a conditional registration to licensees who fail to complete th e
required continuing education, including fees associated with such
registration, along with the duration of such conditional
registration.

Subsection four explains the term "acceptable formal education" and
what is acceptable under such definition.

Subsection five provides that massage therapists shall maintain
adequate documentation of continuing education and make such
information available to the Education Department.

Subsection six established a continuing education fee of forty five
dollars which will be paid in addition to the triennial registration
fee.

 EXISTING LAW :

New York state law does not require mandatory continuing education for
licensed massage therapists (LMTs).

 JUSTIFICATION :

Currently 37 states have mandatory continuing education for licensed
massage therapists. If enacted, this law would protect public safety
by ensuring LMT's are properly trained and up to date in the latest
methods and techniques, while also protecting the profession by
ensuring that all are held to the same standards. It would also give
additional strength in combating illegal practices.

This legislation is supported by the American Massage Therapy
Association which states that continuing education classes can help
LMT's advance their knowledge and professionalism, keep up with new

massage therapy information and research, and make connections between
experience and training.

 LEGISLATIVE HISTORY :

New bill - 2009.

 FISCAL IMPLICATIONS :

positive for New York State.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
January 1, 2012.

S5431B - Bill Text download pdf

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

                                 5431--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee and committed to the Committee on  Codes
  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11689-06-0

S. 5431--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-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

S. 5431--B                          3

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.

S5431C (ACTIVE) - Details

See Assembly Version of this Bill:: A8340
Law Section:: Education Law
Laws Affected:: Add §7807, Ed L

S5431C (ACTIVE) - Summary

Requires massage therapists to complete thirty-six hours of continuing education each registration period.

S5431C (ACTIVE) - Sponsor Memo

BILL NUMBER:S5431C

TITLE OF BILL:
An act to amend the education law, in relation to mandatory continuing
education for massage therapists

PURPOSE:
Enactment of this legislation would require massage therapists to
complete thirty-six hours of continuing education each registration
period.

SUMMARY OF PROVISIONS:
Section 1 amends the education law by adding a new section 7807 to
require mandatory continuing education. It provides that those massage
therapists, required to register triennially with the State Education
Department to practice in New York State, shall comply with this stat-
ute, and failure to do so will not allow such LMT to practice. A condi-
tional registration may be issued in certain circumstances. An exemption
will be granted to massage therapists for their initial triennial regis-
tration period. Any licensed massage therapist not engaged in practice
shall be exempt, however any return to practicing will trigger the
mandatory continuing education requirement.

Subsection two mandates a minimum of thirty-six hours of acceptable
formal continuing education during the triennial period, with provisions
being made for prorated requirements in certain instances.

Subsection three outlines the Education Department's ability to issue a
conditional registration to licensees who fail to complete the required
continuing education, including fees associated with such registration,
along with the duration of such conditional registration.

Subsection four explains the term "acceptable formal education" and what
is acceptable under such definition.

Subsection five provides that massage therapists shall maintain adequate
documentation of continuing education and make such information avail-
able to the Education Department.

Subsection six establishes a continuing education fee of forty-five
dollars which will be paid in addition to the triennial registration
fee.

EXISTING LAW:
New York state law does not require mandatory continuing education for
licensed massage therapists (LMTs).

JUSTIFICATION:
Currently 37 states have mandatory continuing education for licensed
massage therapists. If enacted, this law would protect public safety by
ensuring LMT's are properly trained and up to date in the latest methods

and techniques, while also protecting the profession by ensuring that
all are held to the same standards. It would also give additional
strength in combating illegal practices.

This legislation is supported by the American Massage Therapy Associ-
ation which states that continuing education classes can help LMT's
advance their knowledge and professionalism, keep up with new massage
therapy information and research, and make connections between experi-
ence and training.

LEGISLATIVE HISTORY:
New bill - 2009.

FISCAL IMPLICATIONS:
Positive for New York State.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
January 1, 2012.

S5431C (ACTIVE) - Bill Text download pdf

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

                                 5431--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee and committed to the Committee on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11689-13-0

S. 5431--C                          2

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 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,  SHALL  COMPLETE  CONTINUING EDUCATION HOURS ON A
PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH FOR THE  PERIOD  BEGIN-
NING  JANUARY  FIRST,  TWO  THOUSAND TWELVE UP TO THE FIRST REGISTRATION
DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
ING 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 SUBDI-
VISION 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-

S. 5431--C                          3

CAL APPLICATION OF SUCH  MODALITIES  AND  TECHNIQUES  MUST  BE  DONE  BY
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.

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The New York State Senate

senate Bill S5431C

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Archive: Last Bill Status - Signed by Governor

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Votes

Jun 15, 2010 - floor Vote

Floor Vote: Jun 15, 2010

Jun 14, 2010 - Rules committee Vote

Rules Committee Vote: Jun 14, 2010

May 12, 2010 - Higher Education committee Vote

Committee Vote: May 12, 2010

Bill Amendments

S5431 - Details

S5431 - Summary

S5431 - Sponsor Memo

S5431 - Bill Text download pdf

S5431A - Details

S5431A - Summary

S5431A - Sponsor Memo

S5431A - Bill Text download pdf

S5431B - Details

S5431B - Summary

S5431B - Sponsor Memo

S5431B - Bill Text download pdf

S5431C (ACTIVE) - Details

S5431C (ACTIVE) - Summary

S5431C (ACTIVE) - Sponsor Memo

S5431C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5431C

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Sponsored By

William T. Stachowski

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 15, 2010 - floor Vote

Floor Vote: Jun 15, 2010

Jun 14, 2010 - Rules committee Vote

Rules Committee Vote: Jun 14, 2010

May 12, 2010 - Higher Education committee Vote

Committee Vote: May 12, 2010

Bill Amendments

S5431 - Details

S5431 - Summary

S5431 - Sponsor Memo

S5431 - Bill Text download pdf

S5431A - Details

S5431A - Summary

S5431A - Sponsor Memo

S5431A - Bill Text download pdf

S5431B - Details

S5431B - Summary

S5431B - Sponsor Memo

S5431B - Bill Text download pdf

S5431C (ACTIVE) - Details

S5431C (ACTIVE) - Summary

S5431C (ACTIVE) - Sponsor Memo

S5431C (ACTIVE) - Bill Text download pdf

Comments