S4468-2011 - NY Senate Open Legislation - Provides for distance learning for continuing education of home inspectors and hearing aid dispensers

Provides for distance learning for continuing education of home inspectors and hearing aid dispensers.

Sponsor: O'MARA / Co-sponsor(s): LANZA / Committee: JUDICIARY
Law Section: Real Property Law / Law: Amd S444-f, RP L; amd S794, Gen Bus L

S4468-2011 Actions

Jan 4, 2012: REFERRED TO JUDICIARY
Jun 24, 2011: COMMITTED TO RULES
Jun 14, 2011: ADVANCED TO THIRD READING
Jun 13, 2011: 2ND REPORT CAL.
Jun 7, 2011: 1ST REPORT CAL.1077
Apr 6, 2011: REFERRED TO JUDICIARY

S4468-2011 Meetings

Judiciary: Jun 7, 2011

S4468-2011 Calendars

Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S4468-2011 Votes

VOTE: COMMITTEE VOTE: - Judiciary - Jun 7, 2011

Ayes (21): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Gianaris, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (2): Adams, Krueger

S4468-2011 Memo

BILL NUMBER:S4468

TITLE OF BILL:

An act
to amend the real property law and the general
business in relation to the approval of distance learning
courses for continuing education

PURPOSE OF BILL:

This proposal would permit on-line and distance learning for home
inspector and hearing aid dispenser continuing education courses.

SUMMARY OF PROVISIONS:

Section one of the bill would amend Real Property Law �444-f(1) to
permit the Secretary of State to approve distance learning courses
for home inspector continuing education courses.

Section two of the bill would amend General Business Law �794(1) to
permit the Secretary of State to approve distance learning courses
for hearing aid dispenser continuing education courses.

Section three sets an immediate effective date.

EXISTING LAW:

Current law does not authorize online, computer-based learning for
home inspectors and hearing aid dispensers.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

Online and distance learning is currently permitted for continuing
education in all disciplines regulated by the Department of State,
except home inspectors and hearing aid dispensers. Especially in
Upstate communities and rural areas, approved providers are limited
and course offerings sparse. The Department has received anecdotal
evidence from licensees in these areas who have encountered
difficulties locating courses or had to travel great
distances to obtain the required education. Distance learning provides
a great convenience to all licensees. This method of course delivery
increases access to approved continuing education courses and allows
licensees to take continuing education according to their own
schedules, thereby reducing the need to take time off from work to
attend live courses.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:


The bill would become effective immediately.

S4468-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4468
 2011-2012 Regular Sessions
 I N  SENATE
 April 6, 2011
 
 Introduced  by Sen. O'MARA -- (at request of the Department of State) -
 read twice and ordered printed, and when printed to  be  committed  to
 the Committee on Judiciary
 AN  ACT  to  amend  the  real  property  law and the general business in
 relation to the approval of distance learning courses  for  continuing
 education
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of section 444-f of the real property law, as
 amended by chapter 225 of the laws  of  2005,  is  amended  to  read  as
 follows:

 1.  Home inspector licenses and renewals thereof shall be issued for a
 period of two years, except that the secretary may, in order to  stagger
 the expiration date thereof, provide that those licenses first issued or
 renewed  after the effective date of this section shall expire or become
 void on a date fixed by the secretary, not sooner than  six  months  nor
 later  than  twenty-nine months after the date of issue. No renewal of a
 license shall be issued unless the applicant has successfully  completed
 a course of continuing education approved by the secretary, in consulta
 tion  with  the  council.  THE  SECRETARY MAY APPROVE COMPUTER-BASED AND
 DISTANCE-LEARNING COURSES SO LONG AS, IN HIS OR HER JUDGMENT,  PROVIDERS
 SATISFACTORILY  DEMONSTRATE  THE  ABILITY  TO MONITOR AND VERIFY PARTIC
 IPATION BY THE APPLICANT FOR THE SPECIFIED TIME PERIOD.  NOTWITHSTANDING
 THE FOREGOING AUTHORITY TO APPROVE COMPUTER-BASED AND  DISTANCE-LEARNING
 COURSES,  THE  SECRETARY  MAY PRESCRIBE THAT SPECIFIED SUBJECTS OR HOURS
 MUST BE PRESENTED IN A CLASSROOM SETTING.
 

S 2. Subdivision 1 of section 794 of  the  general  business  law,  as
 amended  by  chapter  301  of  the  laws  of 2000, is amended to read as
 follows:

 1. Prior to the expiration of a certificate of registration and  as  a
 condition  of renewal, each hearing aid dispenser registered pursuant to
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09430-01-1
        S. 4468                             2
 subdivision one of section seven hundred ninety of  this  article  shall
 submit  documentation showing successful completion of twenty continuing
 education credits through a course or courses approved by the  secretary
 in consultation with the advisory board, or, in relation to audiologists
 licensed  pursuant  to  article  one hundred fifty-nine of the education
 law, the office of the professions in  the  education  department.  Such
 formal  courses of learning shall include, but not be limited to, colle
 giate level of credit in non-credit  courses,  professional  development
 programs  and  technical  sessions  offered by national, state and local
 professional associations and  other  organizations  acceptable  to  the
 secretary  and  any  other  organized educational and technical programs
 acceptable  to  the  secretary.  The  secretary  may,  in  his  or   her
 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.  Courses  shall  be  taken  from  a sponsor approved by the
 secretary pursuant to regulations promulgated pursuant to this  section.
 THE  SECRETARY  MAY APPROVE COMPUTER-BASED AND DISTANCE-LEARNING COURSES
 SO LONG AS, IN HIS OR HER JUDGMENT, PROVIDERS SATISFACTORILY DEMONSTRATE
 THE ABILITY TO MONITOR AND VERIFY PARTICIPATION BY THE APPLICANT FOR THE
 SPECIFIED TIME PERIOD.    NOTWITHSTANDING  THE  FOREGOING  AUTHORITY  TO
 APPROVE  COMPUTER-BASED AND DISTANCE-LEARNING COURSES, THE SECRETARY MAY
 PRESCRIBE THAT SPECIFIED SUBJECTS OR HOURS MUST BE PRESENTED IN A CLASS
 ROOM SETTING.
 

S 3. This act shall take effect immediately.

S4468-2011: Provides for distance learning for continuing education of home inspectors and hearing aid dispensers