Requires massage therapists to complete thirty-six hours of continuing education each registration period.
BILL NUMBER: S5431A
TITLE OF BILL :
An act to amend the education law, in relation to mandatory continuing education for massage therapists
Enactment of this legislation would require massage therapists to complete thirty six hours of continuing education each registration period.
SUMMARY OF PROVISIONS :
Section 1 amends the education law by adding a new section 7807 to require mandatory continuing education. It provides those massage therapists required to register triennially with the State Education Department to practice in New York State shall comply with this statute, and failure to do so will not allow such LMT to practice. A conditional registration may be issued in certain circumstances. An exemption will be granted to massage therapists for their initial triennial registration period. Any licensed massage therapist not engaged in practice shall be exempt, however any return to practicing will trigger the mandatory continuing education requirement.
Subsection two mandates a minimum of thirty six hours of acceptable formal continuing education during the triennial period, with provisions being made for prorated requirements in certain instances.
Subsection three outlines the Education Department's ability to issue a conditional registration to licensees who fail to complete th e required continuing education, including fees associated with such registration, along with the duration of such conditional registration.
Subsection four explains the term "acceptable formal education" and what is acceptable under such definition.
Subsection five provides that massage therapists shall maintain adequate documentation of continuing education and make such information available to the Education Department.
Subsection six established a continuing education fee of forty five dollars which will be paid in addition to the triennial registration fee.
EXISTING LAW :
New York State law does not require mandatory continuing education for licensed massage therapists (LMTs).
Currently 37 states have mandatory continuing education for licensed massage therapists. If enacted, this law would protect public safety by ensuring LMT's are properly trained and up to date in the latest methods and techniques, while also protecting the profession by ensuring that all are held to the same standards. It would also give additional strength in combating illegal practices.
This legislation is supported by the American Massage Therapy Association which states that continuing education classes can help LMT's advance their knowledge and professionalism, keep up with new
massage therapy information and research, and make connections between experience and training.
LEGISLATIVE HISTORY :
New bill - 2009.
FISCAL IMPLICATIONS :
Positive for New York State.
LOCAL FISCAL IMPLICATIONS :
EFFECTIVE DATE : January 1, 2011.
STATE OF NEW YORK ________________________________________________________________________ 5431--A 2009-2010 Regular Sessions IN SENATE May 4, 2009 ___________Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- 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 massage 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 7807 to read as follows: S 7807. MANDATORY CONTINUING EDUCATION. 1. (A) EACH MASSAGE THERAPIST LICENSED PURSUANT TO THIS ARTICLE REQUIRED TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDI- VISION TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. MASSAGE THERAPISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRA- TION CERTIFICATE, EXCEPT THAT A MASSAGE THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS- TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. (B) MASSAGE THERAPISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENTS TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPRO- PRIATE 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11689-05-0 S. 5431--A 2
(C) A LICENSED MASSAGE THERAPIST NOT ENGAGED IN PROFESSIONAL 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 PRAC- TICE OF MASSAGE 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 REGU- LATIONS OF THE COMMISSIONER. 2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS- TRATION AS A MASSAGE THERAPIST SHALL COMPLETE A MINIMUM 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 MASSAGE THERAPIST WHOSE FIRST REGISTRATION DATE FOLLOW- ING THE EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN UP TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL 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, OR UNTIL HE OR SHE HAS OTHERWISE MET THE REQUIREMENTS OF THIS SECTION. 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS- TRATION 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 CHAPTER. 4. AS USED IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION" MAY MEAN FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE IN MASSAGE THERAPY WHICH ARE OFFERED BY SPONSORS OF MASSAGE THERAPY CONTINUING EDUCATION APPROVED BY THE DEPARTMENT IN CONSULTATION WITH THE STATE BOARD FOR MASSAGE THERAPY, TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIREMENT. SPONSORS OF MASSAGE THERAPY CONTINUING EDUCATION MAY INCLUDE, BUT ARE NOT LIMITED TO, STATE OR NATIONAL PROFESSIONAL ASSOCIATIONS ESTABLISHED TO FURTHER THE MASSAGE THERAPY PROFESSION, AND MAY INCLUDE ANY AFFILIATES OF INTER- NATIONAL MASSAGE THERAPY CONFERENCES AT WHICH PROFESSIONAL CONTINUING EDUCATION IS A MAJOR COMPONENT OF SUCH CONFERENCES, AS WELL AS UNIVERSI- TIES AND COLLEGES OFFERING PROGRAMS LEADING TO LICENSURE IN THE MASSAGE THERAPY PROFESSION. SPONSORS OF MASSAGE THERAPY SHALL FILE AN APPLICA- TION WITH THE DEPARTMENT AND PAY A FEE OF NINE HUNDRED DOLLARS. 5. MASSAGE 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 OFS. 5431--A 3
MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER. 6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA- TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION FEE REQUIRED BY SECTION SEVENTY-ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER. S 2. This act shall take effect January 1, 2011. Effective immediate- ly, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized to be promulgated, repealed and/or amended before such effective date.