senate Bill S2935B

Signed By Governor
2011-2012 Legislative Session

Establishes requirements for occupational therapists and occupational therapy assistants

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Sponsored By

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 approval memo.12
signed chap.444
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
ordered to third reading rules cal.561
substituted for a4519b
Jun 20, 2012 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1397
committee discharged and committed to rules
Jun 13, 2012 print number 2935b
amend and recommit to finance
May 01, 2012 reported and committed to finance
Feb 03, 2012 print number 2935a
amend and recommit to higher education
Jan 04, 2012 referred to higher education
Feb 03, 2011 referred to higher education

Votes

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Jun 20, 2012 - Rules committee Vote

S2935B
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 1, 2012 - Higher Education committee Vote

S2935A
15
0
committee
15
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2935 - Bill Details

See Assembly Version of this Bill:
A4519B
Law Section:
Education Law
Laws Affected:
Add §7908, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1618, A4289

S2935 - Bill Texts

view summary

Establishes requirements for occupational therapists and occupational therapy assistants to complete continuing competency courses as part of their triennial license renewal; also provides for a mandatory continuing competency fee to be paid at the time of license renewal and which will be in addition to the triennial registration fee.

view sponsor memo
BILL NUMBER:S2935

TITLE OF BILL:
An act
to amend the education law, in relation to mandatory continuing
competency requirements for occupational therapists and occupational
therapy assistants

PURPOSE:
To require all licensed occupational therapists and occupational
therapy assistants to complete 36 hours of continuing competency
every 3 years.

SUMMARY OF PROVISIONS:
This bill adds a new section 7908 to the education law to require
occupational therapists and occupational therapy assistants to
complete 36 hours of continuing competency every 3 years in order to
qualify for re-registration.

JUSTIFICATION:
Initial education and clinical training in occupational therapy
provides occupational therapists and occupational therapy assistants
with the basic foundation of competency as a practitioner. The field
of occupational therapy, as in most health care professions, became
specialized in the second half of the twentieth century. Today's
occupational therapists provide services in the areas of mental
health, orthopedics, neurology, neonatal intensive care, geriatrics,
visually impaired, ergonomics, special education, burns, cognitive
rehabilitation and others. Each one of these specialty areas requires
skills sets that are different from other specialty areas. The
development of competency in a selected specialty area is an ongoing
process that must proceed far beyond the entry level competence first
achieved. Furthermore, due to shifts in the health care market and
career opportunities, many practitioners in occupational therapy
change their specialty during their career. These changes require
occupational therapists and occupational therapy assistants to
actively pursue training and educational experiences to foster
further development of their competency.

LEGISLATIVE HISTORY:
2009-10: S.1618/A.4289
2007-08: S.2515/A.4819
2005-06: S.1388/A.5160
2003-04: S.6256/A.9888

FISCAL IMPLICATIONS:
The fees associated with mandatory continuing competency ($50 for
occupational therapists and $25 for occupational therapy assistants)
will support the State Education Department in enforcing this new
requirement.

EFFECTIVE DATE:
180 days after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2935                                                  A. 4519

                       2011-2012 Regular Sessions

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

                            February 3, 2011
                               ___________

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. CANESTRARI -- read once and
  referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to  mandatory  continuing
  competency  requirements  for occupational therapists and occupational
  therapy assistants

  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 7908
to read as follows:
  S 7908. MANDATORY CONTINUING COMPETENCY. (1)(A) EACH LICENSED  OCCUPA-
TIONAL  THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER THIS
ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE  IN  THE
STATE  SHALL  COMPLY  WITH  THE  PROVISIONS  OF THE MANDATORY CONTINUING
COMPETENCY REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF  THIS  SECTION,
EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.  OCCU-
PATIONAL  THERAPISTS  AND  OCCUPATIONAL  THERAPY  ASSISTANTS  WHO DO NOT
SATISFY THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS  SHALL  NOT  BE
AUTHORIZED  TO  PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY
HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL
THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT  HAVING
MET  SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) ADJUSTMENT TO THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY
BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05809-01-1

S. 2935                             2                            A. 4519

  (C) A LICENSED OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY  ASSIST-
ANT  NOT  ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE
EXEMPT FROM THE MANDATORY CONTINUING  COMPETENCY  REQUIREMENT  UPON  THE
FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
LICENSEE  WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
ER.
  (2) (A) DURING EACH TRIENNIAL REGISTRATION  PERIOD  AN  APPLICANT  FOR
REGISTRATION  AS  AN  OCCUPATIONAL THERAPIST SHALL COMPLETE A MINIMUM OF
THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE  TO  CONTINUING
COMPETENCE,  AS  SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
FURTHER THAT AT LEAST TWENTY-FOUR HOURS  SHALL  BE  IN  AREAS  OF  STUDY
PERTINENT  TO  THE  SCOPE  OF PRACTICE OF OCCUPATIONAL THERAPY. WITH THE
EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN  DURING  THE  REGISTRATION
PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
UING  EDUCATION  HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (B) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR  REGIS-
TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
COMPETENCE AS SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION,  PROVIDED
FURTHER  THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS OF
STUDY PERTINENT TO THE LICENSEE'S  PROFESSIONAL  SCOPE  OF  PRACTICE  OF
OCCUPATIONAL  THERAPY.  WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS
TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
NIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (C) ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT WHOSE
FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE  DATE  OF  THIS  SECTION
OCCURS  LESS  THAN  THREE YEARS FROM SUCH EFFECTIVE DATE, SHALL COMPLETE
CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF
HOUR  PER  MONTH  FOR  THE  PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND
TWELVE UP TO THE FIRST REGISTRATION DATE.
  (D) ANY OCCUPATIONAL THERAPY ASSISTANT WHOSE FIRST  REGISTRATION  DATE
FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS SECTION OCCURS LESS THAN THREE
YEARS FROM SUCH EFFECTIVE DATE,  SHALL  COMPLETE  CONTINUING  COMPETENCY
HOURS  ON A PRORATED BASIS AT THE RATE OF ONE-QUARTER HOUR PER MONTH FOR
THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE UP TO THE  FIRST
REGISTRATION DATE.
  (E) THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTIN-
UING  COMPETENCY  REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRA-
TION 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.
  (3) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL  REGIS-
TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
TRATION  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

S. 2935                             3                            A. 4519

CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (4)  AS  USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
THE REGULATIONS OF THE  COMMISSIONER.  SUCH  LEARNING  ACTIVITIES  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES, SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL  MENTORING
ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
MENT  PROGRAMS  AND  TECHNICAL SESSIONS; SUCH LEARNING ACTIVITIES MAY BE
OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCI-
ATIONS  AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT,
AND ANY OTHER ORGANIZED EDUCATIONAL AND  TECHNICAL  LEARNING  ACTIVITIES
ACCEPTABLE  TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND
AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
THE COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN  SPECIFIC
SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  (5) OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS  SHALL
MAINTAIN  ADEQUATE  DOCUMENTATION  OF  COMPLETION OF (A) A LEARNING PLAN
THAT SHALL RECORD CURRENT AND ANTICIPATED ROLES AND RESPONSIBILITIES BUT
SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR  SELF-ASSESSMENT  OF
COMPETENCIES,  AND  (B) ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT.
  (6) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS FOR
OCCUPATIONAL THERAPISTS AND TWENTY-FIVE DOLLARS FOR OCCUPATIONAL THERAPY
ASSISTANTS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNI-
AL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO  THE  TRIENNIAL
REGISTRATION  FEE  REQUIRED BY SECTION SEVENTY-NINE HUNDRED FOUR OF THIS
ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a  law;  provided,  however,  the  commissioner  of
education  and the board of regents are authorized, prior to such effec-
tive date, to promulgate such rules and regulations as may be  necessary
for the timely implementation of this act.

S2935A - Bill Details

See Assembly Version of this Bill:
A4519B
Law Section:
Education Law
Laws Affected:
Add §7908, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1618, A4289

S2935A - Bill Texts

view summary

Establishes requirements for occupational therapists and occupational therapy assistants to complete continuing competency courses as part of their triennial license renewal; also provides for a mandatory continuing competency fee to be paid at the time of license renewal and which will be in addition to the triennial registration fee.

view sponsor memo
BILL NUMBER:S2935A

TITLE OF BILL:
An act
to amend the education law, in relation to mandatory continuing
competency requirements for occupational therapists and occupational
therapy assistants

PURPOSE OR GENERAL IDEA OF BILL:
To require all licensed occupational
therapists and occupational therapy assistants to complete 36 hours
of continuing competency every 3 years.

SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new section 7908 to
the education law to require occupational therapists and occupational
therapy assistants to complete 36 hours of continuing competency
every 3 years in order to qualify for re-registration.

JUSTIFICATION:
Initial education and clinical training in occupational
therapy provides occupational therapists and occupational therapy
assistants with the basic foundation of competency as a practitioner.
The field of occupational therapy, as in most health care
professions, became specialized in the second half of the twentieth
century. Today's occupational therapists provide services in the
areas of mental health, orthopedics, neurology, neonatal intensive
care, geriatrics, visually impaired, ergonomics, special education,
burns, cognitive rehabilitation and others. Each one of these
specialty areas requires skills sets that are different from other
specialty areas. The development of competency in a selected
specialty area is an ongoing process that must proceed far beyond the
entry level competence first achieved. Furthermore, due to shifts in
the health care market and career opportunities, many practitioners
in occupational therapy change their specialty during their career.
These changes require occupational therapists and occupational
therapy assistants to actively pursue training and educational
experiences to foster further development of their competency.

PRIOR LEGISLATIVE HISTORY:

2009-10: A.4289/S.1618 Referred to Higher Education/Reported
to Senate Codes
2007-08: A.4819/S.2515 Referred to Higher Education
2005-06: A.5160/S.1388 Referred to Higher Education
2003-04: A.9888/S.6256 Referred to Higher Education

FISCAL IMPLICATIONS:
The fees associated with mandatory continuing
competency ($45 for occupational therapists and $25 for occupational

therapy assistants) will support the State Education Department in
enforcing this new requirement.

EFFECTIVE DATE:
180 days after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2935--A                                            A. 4519--A

                       2011-2012 Regular Sessions

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

                            February 3, 2011
                               ___________

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 -- 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

IN ASSEMBLY -- Introduced by M.  of  A.  CANESTRARI  --  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
  competency requirements for occupational therapists  and  occupational
  therapy assistants

  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  7908
to read as follows:
  S  7908. MANDATORY CONTINUING COMPETENCY. (1)(A) EACH LICENSED OCCUPA-
TIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER  THIS
ARTICLE  TO  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
COMPETENCY  REQUIREMENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.  OCCU-
PATIONAL THERAPISTS AND  OCCUPATIONAL  THERAPY  ASSISTANTS  WHO  DO  NOT
SATISFY  THE  MANDATORY  CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE
AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS,  AND  THEY
HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL
THERAPIST  OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT HAVING
MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL  REGISTRATION
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05809-02-2

S. 2935--A                          2                         A. 4519--A

  (B)  OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS SHALL
BE EXEMPT FROM THE MANDATORY CONTINUING COMPETENCY REQUIREMENT  FOR  THE
TRIENNIAL  REGISTRATION  PERIOD  DURING  WHICH  THEY ARE FIRST LICENSED.
ADJUSTMENT TO THE MANDATORY CONTINUING COMPETENCY  REQUIREMENTS  MAY  BE
GRANTED  BY  THE  DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE
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 OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY  ASSIST-
ANT  NOT  ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE
EXEMPT FROM THE MANDATORY CONTINUING  COMPETENCY  REQUIREMENT  UPON  THE
FILING  OF  A  STATEMENT  WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING  THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
ER.
  (2)  (A)  DURING  EACH  TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR
REGISTRATION AS AN OCCUPATIONAL THERAPIST SHALL COMPLETE  A  MINIMUM  OF
THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
COMPETENCE, AS SPECIFIED IN SUBDIVISION FOUR OF THIS  SECTION,  PROVIDED
FURTHER  THAT  AT  LEAST  TWENTY-FOUR  HOURS  SHALL BE IN AREAS OF STUDY
PERTINENT TO THE SCOPE OF PRACTICE OF  OCCUPATIONAL  THERAPY.  WITH  THE
EXCEPTION  OF  CONTINUING  EDUCATION HOURS TAKEN DURING THE REGISTRATION
PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
UING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT  BE  TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (B)  DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE  TO  CONTINUING
COMPETENCE  AS  SPECIFIED  IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
FURTHER THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS  OF
STUDY  PERTINENT  TO  THE  LICENSEE'S  PROFESSIONAL SCOPE OF PRACTICE OF
OCCUPATIONAL THERAPY.  WITH THE EXCEPTION OF CONTINUING EDUCATION  HOURS
TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
NIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (C) ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT WHOSE
FIRST  REGISTRATION  DATE  FOLLOWING  THE EFFECTIVE DATE OF THIS SECTION
OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE  DATE,  SHALL  COMPLETE
CONTINUING  COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF ONE-HALF
HOUR PER MONTH FOR THE PERIOD  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND
THIRTEEN UP TO THE FIRST REGISTRATION DATE.
  (D)  ANY  OCCUPATIONAL THERAPY ASSISTANT WHOSE FIRST REGISTRATION DATE
FOLLOWING THE EFFECTIVE DATE OF THIS  SECTION  OCCURS  LESS  THAN  THREE
YEARS  FROM  SUCH  EFFECTIVE  DATE, SHALL COMPLETE CONTINUING COMPETENCY
HOURS ON A PRORATED BASIS AT THE RATE OF ONE-QUARTER HOUR PER MONTH  FOR
THE  PERIOD  BEGINNING  JANUARY  FIRST,  TWO THOUSAND THIRTEEN UP TO THE
FIRST REGISTRATION DATE.
  (E) THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTIN-
UING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A  TRIENNIAL  REGISTRA-
TION  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.
  (3)  THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  COMPETENCY

S. 2935--A                          3                         A. 4519--A

REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO OF THIS SECTION, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
TRATION  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 COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (4)  AS  USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
THE REGULATIONS OF THE  COMMISSIONER.  SUCH  LEARNING  ACTIVITIES  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES, SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL  MENTORING
ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
MENT  PROGRAMS  AND  TECHNICAL SESSIONS; SUCH LEARNING ACTIVITIES MAY BE
OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCI-
ATIONS  AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT,
AND ANY OTHER ORGANIZED EDUCATIONAL AND  TECHNICAL  LEARNING  ACTIVITIES
ACCEPTABLE  TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND
AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
THE COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN  SPECIFIC
SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  (5) OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS  SHALL
MAINTAIN  ADEQUATE  DOCUMENTATION  OF  COMPLETION OF (A) A LEARNING PLAN
THAT SHALL RECORD CURRENT AND ANTICIPATED ROLES AND RESPONSIBILITIES BUT
SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR  SELF-ASSESSMENT  OF
COMPETENCIES,  AND  (B) ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT.
  (6) THE  MANDATORY  CONTINUING  COMPETENCY  FEE  SHALL  BE  FORTY-FIVE
DOLLARS  FOR OCCUPATIONAL THERAPISTS AND TWENTY-FIVE DOLLARS FOR OCCUPA-
TIONAL THERAPY ASSISTANTS, 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 SEVENTY-NINE  HUNDRED
FOUR OF THIS ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law;  provided, however, the commissioner of
education and the board of regents are authorized, prior to such  effec-
tive  date, to promulgate such rules and regulations as may be necessary
for the timely implementation of this act.

S2935B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4519B
Law Section:
Education Law
Laws Affected:
Add §7908, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1618, A4289

S2935B (ACTIVE) - Bill Texts

view summary

Establishes requirements for occupational therapists and occupational therapy assistants to complete continuing competency courses as part of their triennial license renewal; also provides for a mandatory continuing competency fee to be paid at the time of license renewal and which will be in addition to the triennial registration fee.

view sponsor memo
BILL NUMBER:S2935B

TITLE OF BILL:
An act
to amend the education law, in relation to mandatory continuing
competency requirements for occupational therapists and occupational
therapy assistants

PURPOSE OR GENERAL IDEA OF BILL:
To require all licensed occupational
therapists and occupational therapy assistants to complete 36 hours
of continuing competency every 3 years.

SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new section 7908 to
the education law to require occupational therapists and occupational
therapy assistants to complete 36 hours of continuing competency
every 3 years in order to qualify for re-registration.

JUSTIFICATION:
Initial education and clinical training in occupational
therapy provides occupational therapists and occupational therapy
assistants with the basic foundation of competency as a practitioner.
The field of occupational therapy,
as in most health care professions, became specialized in the second
half of the twentieth century. Today's occupational therapists
provide services in the areas of mental health, orthopedics,
neurology, neonatal intensive care, geriatrics, visually impaired,
ergonomics, special education, bums, cognitive rehabilitation and
others. Each one of these specialty areas requires skills sets that
are different from other specialty areas. The development of
competency in a selected specialty area is an ongoing process that
must proceed far beyond the entry level competence first achieved.
Furthermore, due to shifts in the health care market and career
opportunities, many practitioners in occupational therapy change
their specialty during their career. These changes require
occupational therapists and occupational therapy assistants to
actively pursue training and educational experiences to foster
further development of their competency.

PRIOR LEGISLATIVE HISTORY:
2009-10 A.4289/S.l618 Referred to Higher Education/ Reported
to Senate Codes
2007-08 A.4819/S.2515 Referred to Higher Education
2005-06 A.5160/S.1388 Referred to Higher Education
2003-04 A.9888/S.6256 Referred to Higher Education

FISCAL IMPLICATIONS:
The fees associated with mandatory continuing
competency ($45 for occupational therapists and $25 for occupational
therapy assistants and $900 for sponsors of continuing education
programs) will support the State Education Department in enforcing
this new requirement.

EFFECTIVE DATE:
180 days after it shall have become law.


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

    S. 2935--B                                            A. 4519--B

                       2011-2012 Regular Sessions

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

                            February 3, 2011
                               ___________

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 -- 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 Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. CANESTRARI, GUNTHER --  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 -- reported and referred  to
  the Committee on Ways and Means -- 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
  competency requirements for occupational therapists  and  occupational
  therapy assistants

  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  7908
to read as follows:
  S  7908. MANDATORY CONTINUING COMPETENCY. (1)(A) EACH LICENSED OCCUPA-
TIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANT REQUIRED UNDER  THIS
ARTICLE  TO  REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE
STATE SHALL COMPLY WITH  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING
COMPETENCY  REQUIREMENTS  PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION.  OCCU-
PATIONAL THERAPISTS AND  OCCUPATIONAL  THERAPY  ASSISTANTS  WHO  DO  NOT
SATISFY  THE  MANDATORY  CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05809-04-2

S. 2935--B                          2                         A. 4519--B

AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS,  AND  THEY
HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT AN OCCUPATIONAL
THERAPIST  OR OCCUPATIONAL THERAPY ASSISTANT MAY PRACTICE WITHOUT HAVING
MET  SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS  SHALL
BE  EXEMPT  FROM THE MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE
TRIENNIAL REGISTRATION PERIOD DURING  WHICH  THEY  ARE  FIRST  LICENSED.
ADJUSTMENT  TO  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY BE
GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH OF  THE  LICENSEE  WHERE
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 OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSIST-
ANT NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT,  SHALL  BE
EXEMPT  FROM  THE  MANDATORY  CONTINUING COMPETENCY REQUIREMENT UPON THE
FILING OF A STATEMENT WITH THE DEPARTMENT  DECLARING  SUCH  STATUS.  ANY
LICENSEE  WHO RETURNS TO THE PRACTICE OF OCCUPATIONAL THERAPY DURING THE
TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REEN-
TERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTINUING COMPETEN-
CY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSION-
ER.
  (2) (A) DURING EACH TRIENNIAL REGISTRATION  PERIOD  AN  APPLICANT  FOR
REGISTRATION  AS  AN  OCCUPATIONAL THERAPIST SHALL COMPLETE A MINIMUM OF
THIRTY-SIX HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE  TO  CONTINUING
COMPETENCE,  AS  SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION, PROVIDED
FURTHER THAT AT LEAST TWENTY-FOUR HOURS  SHALL  BE  IN  AREAS  OF  STUDY
PERTINENT  TO  THE  SCOPE  OF PRACTICE OF OCCUPATIONAL THERAPY. WITH THE
EXCEPTION OF CONTINUING EDUCATION HOURS TAKEN  DURING  THE  REGISTRATION
PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTIN-
UING  EDUCATION  HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (B) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR  REGIS-
TRATION AS AN OCCUPATIONAL THERAPY ASSISTANT SHALL COMPLETE A MINIMUM OF
THIRTY-SIX  HOURS  OF LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING
COMPETENCE AS SPECIFIED IN SUBDIVISION FOUR OF  THIS  SECTION,  PROVIDED
FURTHER  THAT AT LEAST TWENTY-FOUR HOURS SHALL BE IN RECOGNIZED AREAS OF
STUDY PERTINENT TO THE LICENSEE'S  PROFESSIONAL  SCOPE  OF  PRACTICE  OF
OCCUPATIONAL  THERAPY.  WITH THE EXCEPTION OF CONTINUING EDUCATION HOURS
TAKEN DURING THE REGISTRATION PERIOD IMMEDIATELY PRECEDING THE EFFECTIVE
DATE OF THIS SECTION, CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIEN-
NIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (C) ANY OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT 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 THIRTEEN, SHALL COMPLETE  CONTINUING  COMPE-
TENCY  HOURS  ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH
FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN UP TO  THE
FIRST REGISTRATION DATE.
  (D) THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTIN-
UING  COMPETENCY  REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRA-
TION 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.
  (3) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL  REGIS-
TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY

S. 2935--B                          3                         A. 4519--B

REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
TRATION  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 COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (4)  AS  USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE IN OCCUPATIONAL THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
THE REGULATIONS OF THE  COMMISSIONER.  SUCH  LEARNING  ACTIVITIES  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES, SELF-STUDY  ACTIVITIES,  INDEPENDENT  STUDY,  FORMAL  MENTORING
ACTIVITIES, PUBLICATIONS IN PROFESSIONAL JOURNALS, PROFESSIONAL DEVELOP-
MENT  PROGRAMS  AND  TECHNICAL SESSIONS; SUCH LEARNING ACTIVITIES MAY BE
OFFERED AND SPONSORED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCI-
ATIONS  AND OTHER ORGANIZATIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT,
AND ANY OTHER ORGANIZED EDUCATIONAL AND  TECHNICAL  LEARNING  ACTIVITIES
ACCEPTABLE  TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND
AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE
THE COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN  SPECIFIC
SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  (5) OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS  SHALL
MAINTAIN  ADEQUATE  DOCUMENTATION  OF  COMPLETION OF (A) A LEARNING PLAN
THAT SHALL RECORD CURRENT AND ANTICIPATED ROLES AND RESPONSIBILITIES BUT
SHALL NOT REQUIRE THE RECORDS  OF  PEER  REVIEW  OR  SELF-ASSESSMENT  OF
COMPETENCIES,  AND  (B) ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE  DEPART-
MENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  THE  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (6) THE  MANDATORY  CONTINUING  COMPETENCY  FEE  SHALL  BE  FORTY-FIVE
DOLLARS  FOR OCCUPATIONAL THERAPISTS AND TWENTY-FIVE DOLLARS FOR OCCUPA-
TIONAL THERAPY ASSISTANTS, 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 SEVENTY-NINE  HUNDRED
FOUR OF THIS ARTICLE.
  (7) SPONSORS SEEKING TO OFFER LEARNING ACTIVITIES PURSUANT TO SUBDIVI-
SION  FOUR  OF  THIS  SECTION  SHALL  SUBMIT  AN APPLICATION FEE OF NINE
HUNDRED DOLLARS WITH ITS APPLICATION FOR THE ISSUANCE  OF  A  THREE-YEAR
PERMIT  FROM  THE  DEPARTMENT TO BECOME AN APPROVED SPONSOR. APPLICATION
FOR A THREE-YEAR RENEWAL OF THE PERMIT SHALL BE ACCOMPANIED BY A FEE  OF
NINE HUNDRED DOLLARS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law;  provided, however, the commissioner of
education and the board of regents are authorized, prior to such  effec-
tive  date, to promulgate such rules and regulations as may be necessary
for the timely implementation of this act.

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