S T A T E   O F   N E W   Y O R K
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                                   8036
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to  mandatory  continuing
   education for psychologists
 
   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  7607
 to read as follows:
   §  7607.  MANDATORY  CONTINUING  EDUCATION.  1.  (A) EACH PSYCHOLOGIST
 REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE  DEPARTMENT
 TO PRACTICE IN THIS STATE, SHALL COMPLY WITH THE PROVISIONS FOR MANDATO-
 RY  CONTINUING  EDUCATION PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
 EXCEPT AS SET FORTH IN PARAGRAPHS  (B)  AND  (C)  OF  THIS  SUBDIVISION.
 PSYCHOLOGISTS WHO DO NOT SATISFY THE PROVISIONS FOR MANDATORY CONTINUING
 EDUCATION  SHALL  NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS AND
 THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A PSYCHOL-
 OGIST 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) EACH PSYCHOLOGIST SHALL BE EXEMPT FROM  THE  MANDATORY  CONTINUING
 EDUCATION  REQUIREMENTS  FOR  THE  TRIENNIAL  REGISTRATION PERIOD DURING
 WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH  THE  INTENT  OF  THIS
 SECTION, ADJUSTMENT TO THE PROVISIONS FOR MANDATORY CONTINUING EDUCATION
 MAY  BE  GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH THAT ARE CERTI-
 FIED 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  PSYCHOLOGIST  NOT  ENGAGED  IN  PRACTICE, AS DETERMINED BY THE
 DEPARTMENT, SHALL BE EXEMPT FROM MANDATORY CONTINUING EDUCATION UPON THE
 FILING OF A STATEMENT WITH THE DEPARTMENT  DECLARING  SUCH  STATUS.  ANY
 LICENSEE  WHO RETURNS TO THE PRACTICE OF PSYCHOLOGY DURING THE TRIENNIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11442-01-7

 A. 8036                             2
 
 REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING  THE
 PROFESSION  AND  SHALL  MEET  SUCH  CONTINUING EDUCATION REQUIREMENTS AS
 SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   2.  DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR REGIS-
 TRATION AS A PSYCHOLOGIST SHALL COMPLETE A MINIMUM OF  FIFTY-FOUR  HOURS
 OF  ACCEPTABLE  FORMAL  CONTINUING EDUCATION, A MINIMUM OF NINE HOURS OF
 WHICH SHALL BE COURSE WORK IN  THE  AREA  OF  PROFESSIONAL  ETHICS.  ANY
 PSYCHOLOGIST  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 NINETEEN, 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 NINETEEN
 UP TO THE FIRST REGISTRATION DATE THEREAFTER. A PSYCHOLOGIST WHO HAS NOT
 SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT  SHALL  NOT  BE
 ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
 NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION  IS  ISSUED  AS
 PROVIDED  FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
 HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED  TO  THE  SUBSE-
 QUENT TRIENNIUM.
   3.  (A)  THE  DEPARTMENT,  IN  ITS DISCRETION, MAY ISSUE A CONDITIONAL
 REGISTRATION TO A PSYCHOLOGIST WHO FAILS TO MEET THE  CONTINUING  EDUCA-
 TION  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 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 PSYCHOLOGIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
 FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
 CONTINUING EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY  BE
 SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION SIXTY-FIVE
 HUNDRED TEN OF THIS TITLE.
   (B) FOR PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL CONTINUING  EDUCA-
 TION"  SHALL  MEAN FORMAL COURSES OF LEARNING THAT CONTRIBUTE TO PROFES-
 SIONAL PRACTICE IN PSYCHOLOGY 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  ORGAN-
 IZED  EDUCATIONAL  AND  TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPARTMENT.
 CONTINUING EDUCATION COURSES MUST BE TAKEN FROM A PROVIDER WHO HAS  BEEN
 APPROVED  BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE, PURSUANT
 TO THE REGULATIONS OF THE  COMMISSIONER.  THE  DEPARTMENT  MAY,  IN  ITS
 DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
 PUBLIC, REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES  IN
 SPECIFIC   SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT. PSYCHOLOGISTS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION  OF
 HAVING  COMPLETED  ACCEPTABLE  FORMAL  CONTINUING  EDUCATION  AND  SHALL
 PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE  TO
 PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE
 AN ACT OF MISCONDUCT SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   (C) THE FEE FOR REGISTERING CONTINUING EDUCATION HOURS SHALL BE DETER-
 MINED  BY  THE  DEPARTMENT.  SUCH  FEE SHALL BE PAYABLE ON OR BEFORE THE
 FIRST DAY OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL  BE  PAID  IN

 A. 8036                             3
 
 ADDITION  TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY PARAGRAPH (G) OF
 SUBDIVISION ONE AND PARAGRAPH (G) OF SUBDIVISION TWO OF  SECTION  SEVEN-
 TY-SEVEN HUNDRED FOUR OF THIS ARTICLE.
   §  2.  This  act shall take effect January 1, 2019; provided, however,
 that effective immediately, the department of education is authorized to
 take such steps in advance of such effective date, including  the  addi-
 tion,  amendment,  and/or  repeal  of any rules or regulations as may be
 necessary, to ensure the timely implementation of the provisions of this
 act on such effective date.