Current through Register Vol. 46, No. 12, March 20, 2024
(a) Definitions. As used in this section:
(1) Acceptable accrediting agency means an
organization accepted by the department as a reliable authority for the purpose
of accreditation at the postsecondary level, applying its criteria for granting
accreditation in a fair, consistent and nondiscriminatory manner, such as an
agency recognized for this purpose by the Council for Higher Education
Accreditation.
(2) Higher education
institution means a degree-granting postsecondary institution accredited by an
acceptable accrediting agency.
(3)
Psychotherapy institute means a psychotherapy institute chartered by the Board
of Regents, or an institution offering a program which meets the requirements
of section
52.35 of this
Title.
(4) Independent study means
individualized professional study that is self-initiated, goal-driven learning
based on reading and research.
(5)
Peer reviewed means reviewed by an individual or individuals who have
appropriate educational or other credentials and are recognized experts in the
subject which they are reviewing.
(6) Provider of psychology continuing
education means an entity approved by the department pursuant to subdivision
(i) of this section to offer continuing education.
(7) Mentoring means a one-to-one relationship
between a mentor and a mentee, where both are licensed and registered as a
psychologist under Article 153 of the Education Law and engage in activities
described in clause (c)(2)(ii)(b)(8) of this section.
(b) Applicability of requirements.
(1) Each psychologist, required under Article
153 of the Education Law to register with the department to practice in New
York State, shall comply with the mandatory continuing education requirements
as prescribed in subdivision (c) of this section, except those licensees exempt
from the requirement or who obtain an adjustment to the requirement pursuant to
paragraph (2) of this subdivision or who are subject to a different requirement
pursuant to this section.
(2)
Exemptions and adjustments to the requirement.
(i) Exemptions. The following licensees shall
be exempt from the continuing education requirements, as prescribed in
subdivision (c) of this section:
(a)
licensees for the triennial registration period during which they are first
licensed to practice as a psychologist in New York State; and
(b) psychologists who are not engaged in the
practice of psychology, as evidenced by not being registered to practice in New
York State, except as otherwise prescribed in subdivision (e) of this section
to meet the requirements for the resumption of practice in New York
State.
(c) Adjustments to the
requirement. An adjustment to the continuing education requirement, as
prescribed in subdivision (c) of this section, may be made by the department,
provided that the licensee documents good cause that prevents compliance or the
department determines otherwise that there is good cause that prevents
compliance, which shall include, but not be limited to, any of the following
reasons: poor health or a specific physical or mental disability certified by
an appropriate health care professional; or extended active duty with the Armed
Forces of the United States; or other good cause beyond the licensee's control
which in the judgment of the department, makes it impossible for the licensee
to comply with the continuing education requirements in a timely
manner.
(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 courses in specific subjects to fulfill this
mandatory continuing education requirement.
(i) Commencing with registration periods
beginning on or after April 1, 2023, a licensee shall complete, as part of the
required 36 hours of continuing education, three hours of continuing education
on issues related to maintaining appropriate professional boundaries between
licensees and patients, from a provider approved by the
department.
(d) Renewal
of registration. At each re-registration, psychologists shall certify to the
department that they have either complied with the continuing education
requirements, as prescribed in this section, or are subject to an exemption or
adjustment to such continuing education requirements, as prescribed in
subdivision (c) of this section.
(1) A
licensee who has not satisfied the mandatory continuing education requirements
shall not practice until such requirements have been met and the licensee has
been issued a registration certificate by the department, except where a
licensee has been issued a conditional registration, as provided for in
subdivision (f) of this section.
(2) Continuing education hours taken during
one registration period may not be transferred to the subsequent registration
period.
(e) Requirement
for lapse in practice.
(1) A licensee
returning to the practice of psychology after a lapse in practice, as evidenced
by not being registered to practice in New York State, whose first registration
date after such lapse in practice occurs less than three years from January 1,
2021. shall be required to complete:
(i) at
least one hour of acceptable continuing education for each month beginning with
January 1, 2021 until the beginning of the new registration period, which shall
be completed for a licensee who has not lawfully practiced psychology
continuously in another jurisdiction throughout such lapse period, in the
12-month period before the beginning of the new registration period; and for
the licensee who has lawfully practiced as a psychologist continuously in
another jurisdiction throughout such lapse period, in the new registration
period or at the option of the licensee in the period beginning 36 months
before the commencement of the new registration period and ending at the
conclusion of such new registration period; and
(ii) for a licensee who has not lawfully
practiced as a psychologist continuously in another jurisdiction throughout
such lapse period, at least 12 hours of acceptable continuing education in each
successive 12-month period of the new registration period: and for a licensee
who has lawfully practiced psychology continuously in another jurisdiction
throughout such lapse period, the regular continuing education requirement
during the new registration period.
(2) Except as prescribed in paragraph (1) of
this subdivision for registrations therein specified, a licensee who returns to
practice as a psychologist after a lapse in practice in which the licensee was
not registered to practice in New York State and did not lawfully practice
continuously in another jurisdiction throughout the lapse period, shall be
required to complete:
(i) the continuing
education requirement applicable to the period of time the licensee was
registered in the licensee's last registration period;
(ii) at least one hour of acceptable
continuing education for each month of lapsed registration up to a maximum 36
hours, which shall be completed in the 12 months before the beginning of the
new registration period; and
(iii)
at least 12 hours of acceptable continuing education in each succeeding
12-month period, after such registration is reissued, until the next
registration date.
(3)
Except as prescribed in paragraph (1) of this subdivision for registrations
therein specified, a licensee who returns to the practice of psychology after a
lapse in practice in which the licensee was not registered to practice in New
York State but did lawfully practice psychology continuously in another
jurisdiction throughout the lapse period, shall be required to complete:
(i) the continuing education requirement
applicable to the period of time the licensee was registered in the licensee's
last registration period;
(ii) at
least one hour of acceptable continuing education for each month of lapsed
registration up to a maximum of 36 hours, which shall be completed in the new
registration period, or at the option of the licensee in the period beginning
36 months before the commencement of the new registration period and ending at
the conclusion of the new registration period; and
(iii) the regular continuing education
requirement during the new registration period.
(f) Conditional registration.
(1) The department may issue a conditional
registration to a licensee who attests to or admits to noncompliance with the
continuing education requirements of this section, provided that such licensee
meets the following requirements:
(i) the
licensee agrees to remedy such deficiency within the conditional registration
period;
(ii) the licensee agrees to
complete the regular continuing education requirement at the rate of one hour
of acceptable continuing education per month during such conditional
registration period; and
(iii) the
licensee agrees to complete additional continuing education during such
conditional registration period, which the department may require to ensure the
licensee's proper delivery of professional psychology services consistent with
the licensee's practice as a psychologist.
(2) The duration of such conditional
registration shall not exceed one year and shall not be renewed or
extended.
(g) Licensee
records. Each licensee subject to the requirements of this section shall
maintain, or ensure access by the department to, a record of completed
continuing education, which includes: the title of the course if a course, the
type of educational activity if an educational activity, the subject of the
continuing education, the number of hours of continuing education completed,
the provider's name and any identifying number (if applicable), attendance
verification if a course, participation verification if another educational
activity, a copy of any article or book for which continuing education credit
is claimed with proof of publication, and the date and location of the
continuing education. Such records shall be retained for at least six years
from the date of completion of the continuing education and shall be made
available for review by the department in the administration of the
requirements of this section.
(h)
Measurement of continuing education study. Continuing education credit shall be
granted only for acceptable continuing education, as prescribed in subdivision
(c) of this section. For continuing education courses, a minimum of 50 minutes
shall equal one continuing education hour of credit. For credit-bearing
university or college courses, each semester-hour of credit shall equal 15
continuing education hours of credit, and each quarter-hour of credit shall
equal 10 continuing education hours of credit. Continuing education credit for
other educational activities shall be awarded as described in clause
(c)(2)(ii)(b) of this section or as otherwise prescribed by the
department.
(i) Provider approval.
(1) An entity seeking approval by the
department as a provider of continuing education to psychologists in the form
of courses of learning or self-study programs shall submit the fee prescribed
in paragraph (i)(3) of this section and meet the requirements of paragraphs (2)
and (3) of this subdivision.
(2) An
entity eligible to apply for approval to be a provider of continuing education
to psychologists includes, but is not limited to:
(i) a higher education institution that
offers programs that are registered pursuant to Part 52 of this Title as
leading to licensure as a psychologist in New York or accredited by the
American Psychological Association or a higher education institution that is
accredited by an acceptable accrediting agency and that offers graduate
coursework that is directly related to the enhancement of practice, skills and
knowledge of psychologists;
(ii) a
psychotherapy institute, as defined in paragraph (a)(3) of this section that
offers coursework that is directly related to the enhancement of practice,
skills and knowledge of psychologists;
(iii) a national psychology organization or
other professional organization that promotes and protects the health, safety
and welfare of the public and fosters good practice in the psychology
profession, including specialty boards, acceptable to the department;
(iv) a New York State psychology
organization, acceptable to the department, that is incorporated or otherwise
organized in New York State that promotes and protects the health, safety and
welfare of the public and fosters good practice in the psychology profession in
the State of New York as a whole and/or a region of the State of New
York;
(v) a national organization
of jurisdictional boards of psychology that promote and protect the health,
safety and welfare of the public and fosters good practice in the psychology
profession;
(vi) an entity operated
under an operating certificate appropriately issued in accordance with articles
16, 31 or 32 of the Mental Hygiene Law; or
(vii) an entity, hospital or health facility
defined in section
2801 of the Public Health
Law.
(3) Department
review of providers.
(i) The department shall
conduct a review of providers that apply for approval to offer continuing
education to psychologists.
(ii) An
organization desiring to offer continuing education shall submit, with the fee
as set forth in subdivision (j) of this section, an application for advance
approval as a provider at least 90 days prior to the date of the commencement
of such continuing education that documents that the organization:
(a) will offer courses of learning or
self-study programs in one or more of the subjects prescribed for acceptable
continuing education in subparagraph (c)(2)(i) of this section;
(b) is an organized entity, included in
paragraph (2) of this subdivision, including but not limited to an institution
that offers a graduate program that leads to licensure in psychology; or a
national, State, or local psychology organization; a hospital, behavioral
health program or program serving persons with developmental disabilities: or
another entity that employs psychologists and that meets the requirements of
this subdivision;
(c) provides
course instructors who are qualified to teach the courses which will be
offered, including but not limited to, faculty of a psychology program offered
by a higher education institution; or instructors who are specially qualified
authorities in activities that are directed at developing and enhancing a
licensee's practice as a psychologist, as determined by the department with
assistance from the State Board for Psychology, to conduct such
courses;
(d) has a method of
assessing the learning of participants, and describes such method;
and
(e) will maintain records for
at least six years from the date of completion of coursework, which shall
include, but shall not be limited to, the name and curriculum vitae of the
faculty, a record of attendance of psychologists in the course if a course; a
record of participation of psychologists in the self-instructional coursework
if self-instructional coursework; an outline of the course, date and location
of the course, and the number of hours for completion of the course. In the
event an approved provider discontinues operation, the governing body of such
provider shall notify the department and shall transfer all records as directed
by the department.
(iii)
Providers that are approved by the department pursuant to the requirements of
this paragraph shall be approved for a three-year term.
(iv) The department may conduct site visits
of, or request information from, a provider approved pursuant to the
requirements of this paragraph to ensure compliance with such requirements, and
a provider shall cooperate with the department in permitting such site visits
and in providing such information.
(v) A determination by the department that a
provider approved pursuant to the requirements of this paragraph is not meeting
the standards set forth in this paragraph shall result in the denial or
termination of the approved status of the provider.
(vi) Prohibition: Presenters of didactic
instruction may be persons who are not licensed by the State of New York as
psychologists. The performance of activities that fall within the restricted
scope of practice of the psychology must be done by individuals licensed and
registered under article 153 of the Education Law, or those otherwise
authorized by law to perform such activities, when the continuing education
occurs in the State of New York. (j) Fees.
(1)
At the beginning of each registration period, a mandatory continuing education
fee of $50 shall be collected from licensees engaged in the practice of
psychology in New York State, except for those exempt from the requirement
pursuant to subparagraph (c)(2)(i) of this section. This fee shall be in
addition to any applicable registration fees required by sections 6507-a and
7603 of the Education Law.
(2)
Licensees applying for a conditional registration, pursuant to the requirements
of subdivision (f) of this section, shall pay a fee that is the same as and in
addition to, any applicable fee for the triennial registration required by
sections 6507-a and 7603 of the Education Law. In addition, such licensees
shall pay the $50 mandatory continuing education fee.
(3) Organizations desiring to offer
continuing education to psychologists shall submit an application fee of $900
with the application requesting the issuance of a permit from the department to
become an approved provider of a formal continuing education program. A fee of
$900 shall accompany an application for a three-year renewal of the
permit.