NY Educ L § 8209 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 159 - Speech-Language Pathologists and Audiologists 8209 - Mandatory Continuing Competency.

§   8209.   Mandatory  continuing  competency.  (1)(a)  Each  licensed speech-language pathologist and audiologist 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.  Speech-language pathologists   and   audiologists  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 a speech-language  pathologist  or audiologist  may  practice without having met such requirements if he or she is issued a conditional registration pursuant to  subdivision  three of this section.  (b) Speech-language pathologists and audiologists 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 speech-language pathologist or audiologist 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 speech-language pathology or audiology 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)  During  each  triennial  registration  period  an  applicant  for registration as either  a  speech-language  pathologist  or  audiologist shall  complete  a  minimum of thirty hours of learning activities which contribute to continuing competence, as specified in subdivision four of this section, provided further that at least twenty hours  shall  be  in recognized areas of study pertinent to the licensee's professional scope of   practice   of  speech  language  pathology  and/or  audiology.  Any speech-language pathologist or audiologist 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 one, 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 one  up  to  the  first  registration  date. 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. Continuing competency hours taken during one triennium may 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 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  speech-language pathology and/or audiology, 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.  For  speech-language pathologists who are employed in school  settings  as  teachers  of  the speech  and  hearing  handicapped or as teachers of students with speech and language disabilities, acceptable  learning  activities  shall  also include   professional   development  programs  and  technical  sessions specific to teaching students  with  speech  and  language  disabilities including  those designed to improve methods for teaching such students, aligned  with  professional  development  plans   in   accordance   with regulations   of  the  commissioner  and  promoting  the  attainment  of standards for such students. Learning activities must be  taken  from  a sponsor  approved  by the department, pursuant to the regulations of the commissioner.  (5)  Speech-language  pathologists  and  audiologists  shall  maintain adequate documentation of completion of acceptable continuing competency learning  activities 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.  (6)  The  mandatory  continuing competency fee shall be fifty dollars, 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-two  hundred  six  of  this article.