NY Educ L § 7908 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 156 - Occupational Therapy 7908 - Mandatory Continuing Competency.

§   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.