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This entry was published on 2023-12-29
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SECTION 8356-A
Mandatory continuing education
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 162
* § 8356-a. Mandatory continuing education. 1. (a) Each licensed
athletic trainer, licensed pursuant to this article, shall be required
to register triennially with the department to practice in the state and
shall comply with the provisions of the mandatory continuing education
requirements prescribed in subdivision two of this section except as set
forth in paragraphs (b) and (c) of this subdivision. Licensed athletic
trainers who do not satisfy such mandatory continuing education
requirements shall not practice until they have met such requirements,
and have been issued a registration certificate, except that a licensed
athletic trainer 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 licensed athletic trainer shall be exempt from the mandatory
continuing education requirement for the triennial registration period
during which he or she is first licensed. In accordance 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 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 athletic trainer not engaged in 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 practice of
athletic training 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
registration as a licensed athletic trainer shall complete a minimum of
forty-five hours of acceptable formal continuing education, as specified
in subdivision four of this section, provided that no more than fifteen
hours of such continuing education shall consist of self-study courses.
Any licensed athletic trainer whose first registration date following
the effective date of this section occurs less than three years from
such effective date shall complete continuing education hours on a
prorated basis, as determined by the department, beginning on such
effective date until his or her 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. Continuing education hours taken during one triennium
shall not be transferred to a subsequent triennium.

3. The department, in its discretion, may issue a conditional
registration 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
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
education and who practices without such registration may be subject to
disciplinary proceedings pursuant to section sixty-five hundred ten of
this title.

4. For purposes of this section: (a) "Acceptable learning activities"
shall include, but not be limited to, formal courses of learning which
contribute to professional practice in athletic training and/or
self-study activities; independent study; formal mentoring activities;
publication in professional journals; or lectures, which meet the
standards prescribed by regulations of the commissioner; and

(b) "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 any other organizations acceptable to the
department, and any other organized educational and technical programs
acceptable to the department. Formal courses shall be taken from a
sponsor approved by the department, based upon an application and fee,
pursuant to the regulations of the commissioner.

5. 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 credits in specific subjects to fulfill the
mandatory continuing education requirement under this section.

6. A licensed athletic trainer 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 title.

7. The mandatory continuing education fee 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
eighty-three hundred fifty-five of this article.

* NB Effective December 22, 2028