NY Educ L § 8412 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 163 - Mental Health Practitioners 8412 - Mandatory Continuing Education.

§  8412.  Mandatory  continuing education. 1. (a) Each licensed mental health counselor, marriage  and  family  therapist,  psychoanalyst,  and creative   arts  therapist  required  under  this  article  to  register triennially with the department to practice in this state, shall  comply with  the  provisions  of  mandatory  continuing  education requirements prescribed in subdivision two of this section, except as  set  forth  in paragraphs  (b)  and  (c)  of  this  subdivision. Licensed mental health counselors, marriage and family therapists, psychoanalysts, and creative arts therapists who do not satisfy the  mandatory  continuing  education requirements  shall  not practice until they have met such requirements, and they have been issued a  registration  certificate,  except  that  a licensed   mental  health  counselor,  marriage  and  family  therapist, psychoanalyst, and creative arts therapist 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  mental  health  counselor,  marriage  and  family therapist,  psychoanalyst,  and  creative arts therapist shall be exempt from the mandatory continuing education requirements for  the  triennial registration  period during which they are 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 that are 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 mental health counselor, marriage and family therapist, psychoanalyst,  and  creative arts therapist 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 mental  health  counseling,  marriage  and  family  therapy, psychoanalysis,   and   creative   arts  therapy  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 mental health counselor, marriage and  family therapist,  psychoanalyst,  and creative arts therapist shall complete a minimum of thirty-six hours of acceptable formal continuing education, a maximum of twelve hours of which may be self-instructional  course  work acceptable  to  the  department.  Any  licensed mental health counselor, marriage  and  family  therapist,  psychoanalyst,  and   creative   arts therapist  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  seventeen, shall complete continuing education hours on a prorated basis at the rate of  one  hour per month for the period beginning January first, two thousand seventeen up  to  the  first  registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirement  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 may not be transferred to the subsequent triennium.   3. (a) 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.  (b)  For  purposes of this section "acceptable formal education" shall mean  formal  courses  of  learning  which  contribute  to  professional practice  in  mental  health  counseling,  marriage  and family therapy, psychoanalysis, or creative arts therapies and which meet the  standards prescribed  by  regulations  of the commissioner. Such 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  other  organizations  acceptable  to  the department, and any other organized  educational  and  technical  programs   acceptable   to   the department.  Continuing  education courses must be taken from a provider who has been approved by the department, based upon an  application  and fee,  pursuant  to  the  regulations of the commissioner. 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 courses in  specific  subjects  to  fulfill  this  mandatory  continuing education  requirement.  Licensed mental health counselors, marriage and family therapists, psychoanalysts, and creative  arts  therapists  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.  (c)  The mandatory continuing education fee shall be determined by the department. Such 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  fees  required  by paragraph (g) of subdivision three of section eighty-four hundred two of this article  and  paragraph (g)  of  subdivision  three  of section eighty-four hundred five of this article.