NY Educ L § 7710 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 154 - Social Work 7710 - Mandatory Continuing Education.

§  7710.  Mandatory  continuing education. 1. (a) Each licensed master social worker or licensed clinical social  worker  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  master  social workers or licensed clinical social workers 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 master social  worker or  licensed clinical social worker 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  master  social worker or licensed clinical social worker  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 master social worker  or  a  licensed  clinical  social worker  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 social work 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.  (d)  A  licensed  clinical  social  worker  who  is  also licensed and registered to practice as a licensed master social worker  in  the  same triennial  registration  period,  shall not be required to complete more than  thirty-six  hours  of  continuing  education  in   the   triennial registration  period,  or  one  hour per month for a registration period other than thirty-six months.   2.  During  each  triennial  registration  period  an  applicant   for registration  as  a  licensed  master social worker or licensed clinical social worker shall complete a minimum of thirty-six hours of acceptable formal continuing  education.  Any  licensed  master  social  worker  or licensed  clinical social worker 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 fifteen, 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  fifteen  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 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 social work 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 master social workers or licensed clinical  social workers   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 fee required by paragraph (g) of subdivision  one and  paragraph  (g)  of subdivision two of section seventy-seven hundred four of this article.