§ 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
mandatory 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 subdivision 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
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 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
prior to reentering the profession and shall meet such continuing
education requirements as shall be prescribed by regulations of the
commissioner.

2. During each triennial registration period, an applicant for
registration 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 subsequent triennium.

3. (a) The department, in its discretion, may issue a conditional
registration to a psychologist 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 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
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. 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
mandatory 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
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.