§ 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.