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A09072 Summary:

BILL NOA09072A
 
SAME ASSAME AS S07398-A
 
SPONSORFahy
 
COSPNSRSteck, McDonald, Fitzpatrick, Bichotte, Simon, Stirpe, Rosenthal L
 
MLTSPNSR
 
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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A09072 Memo:

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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A09072 Text:



 
                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.
                                                                   LBD14199-03-8

        A. 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 of

        A. 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.
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