S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7398--A
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law, in relation to  mandatory  continuing
   education for psychologists

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  7607
 to read as follows:
   §  7607.  MANDATORY  CONTINUING  EDUCATION.  1.  (A) EACH PSYCHOLOGIST
 REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE  DEPARTMENT
 TO PRACTICE IN THIS STATE, SHALL COMPLY WITH THE PROVISIONS FOR MANDATO-
 RY  CONTINUING  EDUCATION PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
 EXCEPT AS SET FORTH IN PARAGRAPHS  (B)  AND  (C)  OF  THIS  SUBDIVISION.
 PSYCHOLOGISTS  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
 PSYCHOLOGIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE  OR
 SHE  IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION.
   (B) EACH PSYCHOLOGIST 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  CERTI-
 FIED  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 PSYCHOLOGIST 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  PSYCHOLOGY
 DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14199-02-8

 S. 7398--A                          2

 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
 TION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF  THE  COMMIS-
 SIONER.
   2.  DURING EACH TRIENNIAL REGISTRATION PERIOD, AN APPLICANT FOR REGIS-
 TRATION AS A PSYCHOLOGIST SHALL COMPLETE A MINIMUM OF  THIRTY-SIX  HOURS
 OF  ACCEPTABLE  LEARNING  ACTIVITIES,  A MINIMUM OF THREE HOURS OF WHICH
 SHALL BE COURSE WORK IN THE AREA OF PROFESSIONAL ETHICS,  INCLUDING  THE
 LAWS,  RULES  AND REGULATIONS FOR PRACTICE IN NEW YORK. ANY PSYCHOLOGIST
 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 TWENTY-ONE, 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 TWENTY-ONE UP TO
 THE FIRST REGISTRATION DATE  THEREAFTER.  A  PSYCHOLOGIST  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 SUBSE-
 QUENT TRIENNIUM.
   3. (A) THE DEPARTMENT, IN ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
 REGISTRATION  TO  A PSYCHOLOGIST WHO FAILS TO MEET THE CONTINUING EDUCA-
 TION 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  CONDI-
 TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
 FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
 TRATION  SHALL BE DETERMINED BY THE DEPARTMENT, BUT SHALL NOT EXCEED ONE
 YEAR. ANY PSYCHOLOGIST 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:
   (I) "ACCEPTABLE LEARNING ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE
 IN  PSYCHOLOGY  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
   (II)  "FORMAL  COURSES  OF LEARNING" SHALL INCLUDE, BUT NOT BE LIMITED
 TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL  DEVEL-
 OPMENT  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. FORMAL COURSES MUST BE TAKEN FROM
 A SPONSOR APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE,
 PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   (C) 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 THIS MANDA-
 TORY CONTINUING EDUCATION REQUIREMENT.
   (D) PSYCHOLOGISTS SHALL MAINTAIN ADEQUATE DOCUMENTATION OF  COMPLETION
 OF  ACCEPTABLE  CONTINUING  EDUCATION  CREDITS  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

 S. 7398--A                          3
 
 MISCONDUCT SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO  SECTION
 SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   (E)  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  SUBDIVISION EIGHT OF SECTION
 SEVENTY-SIX HUNDRED THREE OF THIS ARTICLE.
   § 2. This act shall take effect January 1,  2021;  provided,  however,
 that  effective  immediately,  the addition and/or repeal of any rule or
 regulation necessary for the implementation of this act on its effective
 date are authorized and directed to be made and completed on  or  before
 such effective date.