S T A T E O F N E W Y O R K
________________________________________________________________________
4468
2011-2012 Regular Sessions
I N S E N A T E
April 6, 2011
___________
Introduced by Sen. O'MARA -- (at request of the Department of State) --
read twice and ordered printed, and when printed to be committed to
the Committee on Judiciary
AN ACT to amend the real property law and the general business in
relation to the approval of distance learning courses for continuing
education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 444-f of the real property law, as
amended by chapter 225 of the laws of 2005, is amended to read as
follows:
1. Home inspector licenses and renewals thereof shall be issued for a
period of two years, except that the secretary may, in order to stagger
the expiration date thereof, provide that those licenses first issued or
renewed after the effective date of this section shall expire or become
void on a date fixed by the secretary, not sooner than six months nor
later than twenty-nine months after the date of issue. No renewal of a
license shall be issued unless the applicant has successfully completed
a course of continuing education approved by the secretary, in consulta-
tion with the council. THE SECRETARY MAY APPROVE COMPUTER-BASED AND
DISTANCE-LEARNING COURSES SO LONG AS, IN HIS OR HER JUDGMENT, PROVIDERS
SATISFACTORILY DEMONSTRATE THE ABILITY TO MONITOR AND VERIFY PARTIC-
IPATION BY THE APPLICANT FOR THE SPECIFIED TIME PERIOD. NOTWITHSTANDING
THE FOREGOING AUTHORITY TO APPROVE COMPUTER-BASED AND DISTANCE-LEARNING
COURSES, THE SECRETARY MAY PRESCRIBE THAT SPECIFIED SUBJECTS OR HOURS
MUST BE PRESENTED IN A CLASSROOM SETTING.
S 2. Subdivision 1 of section 794 of the general business law, as
amended by chapter 301 of the laws of 2000, is amended to read as
follows:
1. Prior to the expiration of a certificate of registration and as a
condition of renewal, each hearing aid dispenser registered pursuant to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09430-01-1
S. 4468 2
subdivision one of section seven hundred ninety of this article shall
submit documentation showing successful completion of twenty continuing
education credits through a course or courses approved by the secretary
in consultation with the advisory board, or, in relation to audiologists
licensed pursuant to article one hundred fifty-nine of the education
law, the office of the professions in the education department. Such
formal courses of learning shall include, but not be limited to, colle-
giate level of credit in non-credit courses, professional development
programs and technical sessions offered by national, state and local
professional associations and other organizations acceptable to the
secretary and any other organized educational and technical programs
acceptable to the secretary. The secretary may, in his or her
discretion, and as needed to contribute to the health and welfare of the
public, require the completion of continuing education courses in
specific subjects to fulfill this mandatory continuing education
requirement. Courses shall be taken from a sponsor approved by the
secretary pursuant to regulations promulgated pursuant to this section.
THE SECRETARY MAY APPROVE COMPUTER-BASED AND DISTANCE-LEARNING COURSES
SO LONG AS, IN HIS OR HER JUDGMENT, PROVIDERS SATISFACTORILY DEMONSTRATE
THE ABILITY TO MONITOR AND VERIFY PARTICIPATION BY THE APPLICANT FOR THE
SPECIFIED TIME PERIOD. NOTWITHSTANDING THE FOREGOING AUTHORITY TO
APPROVE COMPUTER-BASED AND DISTANCE-LEARNING COURSES, THE SECRETARY MAY
PRESCRIBE THAT SPECIFIED SUBJECTS OR HOURS MUST BE PRESENTED IN A CLASS-
ROOM SETTING.
S 3. This act shall take effect immediately.