Bill S5086-2013

Provides for mandatory continuing education for mental health counselors, marriage and family therapists, psychoanalysts and creative arts therapists

Provides for mandatory continuing education for mental health counselors, marriage and family therapists, psychoanalysts and creative arts therapists.

Details

Actions

  • Jun 21, 2013: SUBSTITUTED BY A7225
  • Jun 21, 2013: ORDERED TO THIRD READING CAL.1611
  • Jun 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 21, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 8, 2013: REFERRED TO HIGHER EDUCATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Higher Education - May 21, 2013
Ayes (17): LaValle, Flanagan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Seward, Valesky, Zeldin, Stavisky, Kennedy, Parker, Rivera, Serrano, Espaillat
Ayes W/R (2): Gallivan, Krueger

Memo

BILL NUMBER:S5086

TITLE OF BILL: An act to amend the education law, in relation to mandatory continuing education for licensed mental health counselors, marriage and family therapists, psychoanalysts and creative arts therapists

PURPOSE: To require each mental health counselor, marriage and family therapist, psychoanalyst and creative arts therapist licensed in New York to undergo mandatory continuing education.

SUMMARY OF PROVISIONS: The education law is amended by adding a new section, 8412.

Section 8412-1:

(a) Requires that each licensed mental health counselor, marriage and family therapist, psychoanalyst and creative arts therapist in New York complete continuing education during each triennial registration. These professionals must be issued a registration certificate to continue practicing, unless a conditional registration certificate is issued to them.

(b) Exempts continuing education requirements for the initial triennial registration period and allows for adjustments for reasons of health, extended active duty with the U.S. armed forces or for other good cause.

(c) Those not engaged in practice, as determined by the department, shall be exempt from the continuing education requirement upon the filing of a statement with the department. Licensees who return to practice shall notify the department prior to reentering and shall meet all education requirements.

8412-2: Requires that thirty six hours of acceptable formal continuing education, as specified in Section 8412-4, be completed each triennial registration period, with a maximum of twelve hours being self-instructional course work. Continuing education hours taken during one triennium are nontransferable

8412-3: Authorizes the department to issue conditional registrations, for up to one year, to licensees failing to meet the continuing education requirements. Licensees who are denied registration and who continue to practice may be subject to disciplinary proceedings.

8412-4: Defines "acceptable formal continuing education" as used in Section 8412-2.

8412-5: Requires counselors, psychoanalysts and therapists to maintain documentation of completion of "acceptable formal continuing education" Failure to provide documentation to the department upon request shall constitute misconduct subject to discipline.

8412-6: Sets forth the mandatory continuing education fee of forty-five dollars, to be payable on or before the first day of each triennial registration period.

JUSTIFICATION: As each of these important professions grow, it becomes increasingly important for licensees to maintain adequate to best practices. Requiring continuing education for practitioners in these professions ensures that New York residents receive care from licensed professionals who are well informed about current and relevant practices in their fields.

LEGISLATIVE HISTORY:. New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately; provided, however, section one of this act shall take effect June 30, 2014. Effective immediately upon the passage of this bill, the state education department is authorized to complete the addition, amendment and/or repeal of any rule of regulation necessary for the implementation of this act on its effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 5086 A. 7225 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y May 8, 2013 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion IN ASSEMBLY -- Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to mandatory continuing education for licensed mental health counselors, marriage and family therapists, psychoanalysts and creative arts therapists 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 8412 to read as follows: S 8412. MANDATORY CONTINUING EDUCATION. 1. (A) EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI- ALLY 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 MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERA- PISTS 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 MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIRE- MENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. (B) EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA- PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGIS-
TRATION 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 MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN- UING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC- TICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO- ANALYSIS, AND CREATIVE ARTS THERAPY 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 REGIS- TRATION AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER- APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI- MUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, A MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL COURSE WORK ACCEPTABLE TO THE DEPARTMENT. ANY LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE ARTS THERA- PIST 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 SEVENTEEN, 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 SEVENTEEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT SHALL NOT BE ISSUED A TRIEN- NIAL 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 MAY NOT BE TRANSFERRED TO THE SUBSE- QUENT 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 REGIS- TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN- NIAL 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 PRAC- TICE IN MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO- ANALYSIS, OR CREATIVE ARTS THERAPIES 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 DEPART- MENT. 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 MENTAL HEALTH COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS 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 FEES REQUIRED BY PARAGRAPH (G) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE AND PARAGRAPH (G) OF SUBDIVISION THREE OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS ARTICLE. S 2. This act shall take effect January 1, 2017.

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