2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 162 - Athletic Trainers › 8356-A - Mandatory Continuing Education.

* §  8356-a.  Mandatory  continuing  education.  1.  (a) Each licensed
athletic trainer, licensed pursuant to this article, shall  be  required
to register triennially with the department to practice in the state and
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  athletic
trainers   who  do  not  satisfy  such  mandatory  continuing  education
requirements shall not practice until they have met  such  requirements,
and  have been issued a registration certificate, except that a licensed
athletic trainer 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 athletic trainer shall be exempt from the mandatory
continuing education requirement for the triennial  registration  period
during  which he or she is 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 athletic trainer 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
athletic training 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 athletic trainer shall complete a minimum  of
forty-five 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  licensed  athletic  trainer whose first registration date following
the effective date of this section occurs less  than  three  years  from
such  effective  date  shall  complete  continuing  education hours on a
prorated basis, as determined  by  the  department,  beginning  on  such
effective  date  until  his or her 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
shall 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. For purposes of this section: (a) "Acceptable learning  activities"
shall  include,  but not be limited to, formal courses of learning which
contribute  to  professional  practice  in  athletic   training   and/or
self-study  activities;  independent study; formal mentoring activities;
publication  in  professional  journals;  or  lectures,  which  meet the
standards prescribed by regulations of the commissioner; and
(b) "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 any other organizations acceptable to the
department, and any other organized educational and  technical  programs
acceptable  to  the  department.  Formal  courses  shall be taken from a
sponsor approved by the department, based upon an application  and  fee,
pursuant to the regulations of the commissioner.
5.  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  credits  in  specific  subjects  to  fulfill  the
mandatory continuing education requirement under this section.
6. A licensed athletic trainer 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.
7.  The  mandatory  continuing  education  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  section
eighty-three hundred fifty-five of this article.
* NB Effective December 22, 2028