NY Educ L § 8504-A (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 164 - Respiratory Therapists and Respiratory Therapy Technicians 8504-A - Mandatory Continuing Education for Respiratory Therapists.

§  8504-a.  Mandatory continuing education for respiratory therapists. 1.  (a) Each licensed respiratory therapist required under this  article to  register  triennially  with  the department to practice in the state shall comply with  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. Respiratory therapists  who  do  not  satisfy  the  mandatory  continuing  education requirement  shall  not  practice until they have met such requirements, and  have  been  issued  a  registration  certificate,  except  that   a respiratory  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)   Respiratory  therapists  shall  be  exempt  from  the  mandatory continuing education requirement for the triennial  registration  period during  which they are first licensed. In accord 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  respiratory  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 their respective practice as a  respiratory  therapist  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  respiratory  therapist  shall complete a minimum of thirty hours of acceptable formal continuing education, as specified  in subdivision  four  of  this  section, provided that no more than fifteen hours of such continuing education shall consist of self-study  courses. Any  respiratory  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 one, shall complete continuing education hours on a prorated basis at the  rate  of five-sixths  of  one  hour  per  month  for the period beginning January first, two thousand 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.  With  the  exception  of  continuing  education  hours completed  during  the  registration  period  immediately  preceding the effective date of this section,  continuing  education  hours  completed 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  as  a respiratory therapist 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 continuing education" for respiratory therapy shall mean formal  courses of  learning  which  contribute  to professional practice in respiratory therapy and which meet the standards prescribed by  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.   5.  Respiratory  therapists  shall  maintain adequate documentation of completion of acceptable formal continuing education and  shall  provide such documentation at the request of the department.   6.  The  mandatory continuing education fee for respiratory therapists shall be thirty 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-five hundred four of this article.