|SAME AS||SAME AS S07398-A|
|COSPNSR||Steck, McDonald, Fitzpatrick, Bichotte, Simon, Stirpe, Rosenthal L|
|Add §7607, Ed L|
|Requires a minimum of 36 hours of mandatory continuing education for psychologists to be completed every 3 years.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9072A SPONSOR: Fahy
TITLE OF BILL: An act to amend the education law, in relation to mandatory continuing education for psychologists   PURPOSE OR GENERAL IDEA OF BILL: The bill would require psychologists to complete thirty-six hours of continuing education during the registration period, nine hours of which shall be course work in the area of professional ethics.   SUMMARY OF PROVISIONS: Section 1 - Creates a new section 7607 - which requires psychologists to participate in mandatory continuing education. Psychologists who do not meet the requirement will not be permitted to practice until they have fulfilled the requirement. Psychologists shall be exempted from these requirements during their first three years of practice. The department may grant waivers psychol- ogists who are in the armed services, have health conditions, or other good causes. Section 2 - During each triennial registration period an applicant for registration as a psychologist shall complete a minimum of 36 hours of acceptable learning activities. Section 3 - Conditional registrations may be granted to psychologists who fail to meet the requirements of this bill so long as the psychol- ogists agrees to make up an deficiencies. Additionally, this section defines continuing education to include collegiate level courses, professional development programs and technical sessions, and other programs acceptable to the department. The department must approve any course offered.   JUSTIFICATION: As the practice of psychology is evolving, it is crucial that practi- tioners educate themselves in order to stay current with techniques and treatment protocols to ensure that patients receive quality care. Continuing education in psychology will ensure that necessary pedagogy and professional development occur within the profession, and will further solidify the connections between academic research and best practices in the field. Enactment of this bill will also advance the protection of patients and their families by ensuring high quality service and competency.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: January 1, 2019, the department is authorized to make rules and regu- lations immediately.
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STATE OF NEW YORK ________________________________________________________________________ 9072--A IN ASSEMBLY January 18, 2018 ___________ Introduced by M. of A. FAHY -- read once and referred to the Committee on Higher Education -- 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 education for psychologists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 7607 2 to read as follows: 3 § 7607. Mandatory continuing education. 1. (a) Each psychologist 4 required under this article to register triennially with the department 5 to practice in this state, shall comply with the provisions for mandato- 6 ry continuing education prescribed in subdivision two of this section, 7 except as set forth in paragraphs (b) and (c) of this subdivision. 8 Psychologists who do not satisfy the mandatory continuing education 9 requirements shall not practice until they have met such requirements 10 and they have been issued a registration certificate, except that a 11 psychologist may practice without having met such requirements if he or 12 she is issued a conditional registration certificate pursuant to subdi- 13 vision three of this section. 14 (b) Each psychologist shall be exempt from the mandatory continuing 15 education requirements for the triennial registration period during 16 which they are first licensed. In accordance with the intent of this 17 section, adjustment to the mandatory continuing education requirement 18 may be granted by the department for reasons of health that are certi- 19 fied by an appropriate health care professional, for extended active 20 duty with the armed forces of the United States, or for other good cause 21 acceptable to the department which may prevent compliance. 22 (c) A psychologist not engaged in practice, as determined by the 23 department, shall be exempt from the mandatory continuing education 24 requirement upon the filing of a statement with the department declaring 25 such status. Any licensee who returns to the practice of psychology 26 during the triennial registration period shall notify the department 27 prior to reentering the profession and shall meet such continuing educa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14199-03-8A. 9072--A 2 1 tion requirements as shall be prescribed by regulations of the commis- 2 sioner. 3 2. During each triennial registration period, an applicant for regis- 4 tration as a psychologist shall complete a minimum of thirty-six hours 5 of acceptable learning activities, a minimum of three hours of which 6 shall be course work in the area of professional ethics, including the 7 laws, rules and regulations for practice in New York. Any psychologist 8 whose first registration date following the effective date of this 9 section occurs less than three years from such effective date, but on or 10 after January first, two thousand twenty-one, shall complete continuing 11 education hours on a prorated basis at the rate of one hour per month 12 for the period beginning January first, two thousand twenty-one up to 13 the first registration date thereafter. A psychologist who has not 14 satisfied the mandatory continuing education requirement shall not be 15 issued a triennial registration certificate by the department and shall 16 not practice unless and until a conditional registration is issued as 17 provided for in subdivision three of this section. Continuing education 18 hours taken during one triennium may not be transferred to the subse- 19 quent triennium. 20 3. (a) The department, in its discretion, may issue a conditional 21 registration to a psychologist who fails to meet the continuing educa- 22 tion requirements established in subdivision two of this section, but 23 who agrees to make up any deficiencies and complete any additional 24 education which the department may require. The fee for such a condi- 25 tional registration shall be the same as, and in addition to, the fee 26 for the triennial registration. The duration of such conditional regis- 27 tration shall be determined by the department, but shall not exceed one 28 year. Any psychologist who is notified of the denial of registration for 29 failure to submit evidence, satisfactory to the department, of required 30 continuing education and who practices without such registration may be 31 subject to disciplinary proceedings pursuant to section sixty-five 32 hundred ten of this title. 33 (b) For purposes of this section: 34 (i) "acceptable learning activities" shall include, but not be limited 35 to, formal courses of learning which contribute to professional practice 36 in psychology and/or self-study activities; independent study; formal 37 mentoring activities; publication in professional journals; or lectures, 38 which meet the standards prescribed by regulations of the commissioner; 39 and 40 (ii) "formal courses of learning" shall include, but not be limited 41 to, collegiate level credit and non-credit courses, professional devel- 42 opment programs and technical sessions offered by national, state, and 43 local professional associations and other organizations acceptable to 44 the department, and any other organized educational and technical 45 programs acceptable to the department. Formal courses must be taken from 46 a sponsor approved by the department, based upon an application and fee, 47 pursuant to the regulations of the commissioner. 48 (c) The department may, in its discretion and as needed to contribute 49 to the health and welfare of the public, require the completion of 50 continuing education credits in specific subjects to fulfill this manda- 51 tory continuing education requirement. 52 (d) Psychologists shall maintain adequate documentation of completion 53 of acceptable continuing education credits and shall provide such 54 documentation at the request of the department. Failure to provide such 55 documentation upon the request of the department shall be an act ofA. 9072--A 3 1 misconduct subject to disciplinary proceedings pursuant to section 2 sixty-five hundred ten of this title. 3 (e) The mandatory continuing education fee shall be determined by the 4 department. Such fee shall be payable on or before the first day of each 5 triennial registration period, and shall be paid in addition to the 6 triennial registration fee required by subdivision eight of section 7 seventy-six hundred three of this article. 8 § 2. This act shall take effect January 1, 2021; provided, however, 9 that effective immediately, the addition and/or repeal of any rule or 10 regulation necessary for the implementation of this act on its effective 11 date are authorized and directed to be made and completed on or before 12 such effective date.