NY Educ L § 6742-A (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 136 - Physical Therapy and Physical Therapist Assistants 6742-A - Mandatory Continuing Education.

§  6742-a.  Mandatory  continuing  education.  1.  (a)  Each  licensed physical therapist and certified physical therapist  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  education requirements prescribed in subdivision two of this section  except  as  set  forth  in  paragraphs  (b)  and  (c)  of  this subdivision.   Licensed   physical   therapist  and  certified  physical therapist  assistants  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  physical  therapist  or  certified  physical therapist assistant 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 physical therapist and certified physical therapist assistant shall  be  exempt  from  the  mandatory  continuing  education requirement  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  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 physical therapist  and  certified  physical  therapist assistant  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  physical  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  physical  therapist  or  certified  physical therapist  assistant  shall  complete  a  minimum of thirty-six hours of acceptable formal continuing education, as specified in subdivision four of this section. Any licensed physical therapist or  certified  physical therapist   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 ten, shall complete continuing education hours on a prorated basis at the  rate  of one-half  hour  per  month  for  the period beginning January first, two thousand ten up to the first registration date  thereafter.  A  licensee who  has  not  satisfied the mandatory continuing education 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 education 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 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.   4.  As  used  in  subdivision  two of this section, "acceptable formal education" shall mean formal courses of  learning  which  contribute  to professional  practice  in physical therapy 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. 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. Courses must be taken  from  a  sponsor  approved  by  the  department,  pursuant to the regulations of the commissioner.   5.  Licensed  physical  therapist  or  certified  physical   therapist assistant   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.   6. The mandatory continuing education fee shall be forty-five 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 sixty-seven hundred thirty-four  of this article.