§ 7908. Mandatory continuing competency. (1)(a) Each licensed
occupational 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.
Occupational 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) 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
assistant 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 reentering the profession and shall meet such mandatory
continuing competency requirements as shall be prescribed by regulations
of the commissioner.

(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,
continuing education hours taken during one triennium may not be
transferred to a subsequent triennium.

(b) During each triennial registration period an applicant for
registration 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 triennium 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
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) Thereafter, a licensee who has not satisfied the mandatory
continuing competency 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.

(3) The department, in its discretion, may issue a conditional
registration 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
conditional registration shall be the same as, and in addition to, the
fee for the triennial 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 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
practice 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 development programs and technical sessions; such learning
activities may be offered and sponsored by national, state and local
professional associations 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 department, 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
activities and shall provide such documentation at the request of the
department. Failure to provide such documentation upon request of the
department 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
occupational 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.