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.
(3) National chiropractic professional
organization means an organization that has as its mission the promoting of the
practice of chiropractic and the fostering of good practice in this profession
in the nation as a whole and/or a region of the nation.
(4) New York State chiropractic professional
organization means an organization that is incorporated or otherwise organized
in New York State and that has as its mission the promoting of the practice of
chiropractic and the fostering of good practice in this profession in the State
of New York as a whole and/or a region of the State of New York.
(5) Self-instructional coursework means
structured study, provided by a sponsor approved pursuant to subdivision (i) of
this section, that is based on audio, audio-visual, written, on-line and other
media, and does not include live instruction transmitted in person or
otherwise, during which the student may communicate and interact with the
instructor and other students.
(b) Applicability of requirements.
(1) Each licensed chiropractor, required
under article 132 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 chiropractic in New
York State, except those first licensed to practice chiropractic in New York
State pursuant to an endorsement of a license of another jurisdiction;
and
(b) licensees who are not
engaged in the practice of chiropractic, 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.
(ii)
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) Mandatory continuing education
requirement.
(1) General requirements.
(i) During each triennial registration
period, meaning a registration period of three years' duration, an applicant
for registration shall complete 36 hours of acceptable formal continuing
education as defined in paragraph (2) of this subdivision, provided that no
more than 12 hours of such continuing education shall consist of
self-instructional coursework. Any licensed chiropractor whose first
registration date following January 1, 2004 occurs less than three years from
that date, but on or after March 18, 2004, shall complete continuing education
hours on a prorated basis at the rate of one hour of acceptable formal
continuing education per month for the period beginning January 1, 2004 up to
the first registration date thereafter. Such continuing education shall be
completed during the period beginning January 1, 2004 and ending before the
first day of the new registration period or at the option of the licensee,
during anytime in the previous registration period. During each registration
period, the licensee shall complete a distribution of hours of acceptable
formal continuing education in subjects, as prescribed in paragraph (2) of this
subdivision.
(ii) Proration. Unless
otherwise prescribed in this section, during each registration period of less
than three years' duration, an applicant for registration shall complete
acceptable continuing education, as defined in paragraph (2) of this
subdivision and within the limits prescribed in such paragraph, on a prorated
basis at a rate of one hour of continuing education per month for such
registration period.
(2)
Acceptable formal continuing education. To be acceptable to the department,
formal continuing education shall meet the requirements of subparagraphs (i)
and (ii) of this paragraph.
(i) Subjects. The
formal continuing education shall be in the subjects prescribed in this
subparagraph.
(a) Subjects that are
specifically designed solely to maximize the profits of a chiropractic practice
shall be excluded as acceptable formal continuing education.
(b) The formal continuing education shall be
in professional and clinical skills in accordance with the practice of
chiropractic as defined in section
6551 of the Education Law. Such subjects
may include, but shall not be limited to chiropractic technique, diagnosis,
clinical interventions/evidence-based models, neurological testing, philosophy
and principles of chiropractic, basic and clinical sciences and other sciences
related to chiropractic practice, patient communications, recordkeeping, and
matters of law and/or ethics which contribute to professional practice in
chiropractic and the health and safety, and/or welfare of the public.
(c) If 10 or more hours are required to be
completed during a registration period, the licensee shall complete at least
one-third of the continuing education hour requirement in one or more of the
following subjects: patient communications, recordkeeping, and/or matters of
law and/or ethics which contribute to professional practice in chiropractic and
the health and safety, and/or welfare of the public.
(d) If nine or fewer hours are required to be
completed during a registration period, the licensee shall complete coursework
in any subject authorized in clause (b) of this subparagraph.
(e) All subject topics must be comparable to
subject topics taught in professional education programs in chiropractic
offered by higher education institutions that are accredited by the Council on
Chiropractic Education.
(ii) Approved sponsors. The continuing
education shall be offered by a sponsor that meets the requirements and is
approved by the department pursuant to subdivision (i) of this
section.
(d)
Renewal of registration. At each re-registration, licensed chiropractors 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 (b) of this section.
(e) Requirement for lapse in practice.
(1) A licensee returning to the practice of
chiropractic 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 and following January 1, 2004 occurs less than three years from
January 1, 2004, but on or after March 18, 2004, shall be required to complete:
(i) at least one hour of acceptable
continuing education for each month beginning with January 1, 2004 until the
beginning of the new registration period, which shall be completed for a
licensee who has not lawfully practiced chiropractic 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 chiropractic 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 registration period;
and
(ii) for a licensee who has not
lawfully practiced chiropractic 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 chiropractic continuously in another jurisdiction
throughout such lapse period, the regular continuing education requirement
during the new registration period.
(2) Except as prescribed in subparagraph (i)
of this paragraph for registrations therein specified, the licensee who returns
to the practice of chiropractic after a lapse in practice in which the licensee
was not registered to practice in New York State and did not lawfully practice
chiropractic 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 subparagraph (i) of this paragraph for registrations
therein specified, the licensee who returns to the practice of chiropractic
after a lapse in practice in which the licensee was not registered to practice
in New York State but did lawfully practice chiropractic 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 chiropractic services consistent with the licensee's practice of
chiropractic.
(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, subject of the continuing education, the number of hours
completed, the sponsor's name and any identifying number, attendance
verification if a course, participation verification if self- instructional
coursework, 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.
(i) Sponsor
approval.
(1) Sponsors of continuing
education to licensed chiropractors must be a New York State chiropractic
professional organization, a national chiropractic professional organization,
or a higher education institution, as such entities are defined in subdivision
(a) of this section.
(2) In
addition to being an entity prescribed in paragraph (1) of this subdivision, to
be approved by the department, sponsors of continuing education to licensed
chiropractors shall meet the requirements of paragraph (4) of this subdivision
after a review by the department, unless the sponsor is deemed approved
pursuant to paragraph (3) of this subdivision.
(3) The department shall deem approved as a
sponsor of continuing education to licensed chiropractors a higher education
institution that offers programs that are registered pursuant to Part 52 of
this Title as leading to licensure in chiropractic or a higher education
institution that offers equivalent professional education programs in
chiropractic and is accredited by the Council on Chiropractic Education or
another acceptable accrediting agency that accredits chiropractic colleges. A
higher education institution may also be approved to offer continuing education
based upon a department review, pursuant to paragraph (4) of this
subdivision.
(4) Department review
of sponsors.
(i) The department shall conduct
a review of sponsors that are not deemed approved pursuant to the requirements
of paragraph (3) of this subdivision that apply for approval to offer
continuing education to licensed chiropractors.
(ii) Organizations desiring to offer
continuing education based upon a department review under this paragraph shall
be an entity prescribed in paragraph (1) of this subdivision, and shall submit,
with the fee as set forth in subdivision (j) of this section, an application
for advance approval as a sponsor at least 90 days prior to the date of the
commencement of such continuing education that documents that the organization:
(a) will offer courses that meet the subject
matter requirements prescribed for acceptable continuing education in
subparagraph (c)(2)(i) of this section;
(b) provides course instructors who are
qualified to teach the courses which will be offered, including but not limited
to, faculty of a college of chiropractic accredited by an acceptable
accrediting agency; or instructors who are specially qualified authorities in
chiropractic, as determined by the department with assistance from the State
Board for Chiropractic, to conduct such courses;
(c) has a method of assessing the learning of
participants, and describes such method, provided that, in accordance with
section
6554-a(1)(d) of the
Education Law, nothing in this section shall be construed as requiring
continuing competency testing or continuing competency certification for
chiropractors; and
(d) 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 licensed
chiropractors in the course if a course, a record of participation of licensed
chiropractors 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 sponsor
discontinues operation, the governing body of such sponsor shall notify the
department and shall transfer all records as directed by the
department.
(iii)
Sponsors 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 sponsor approved pursuant to the
requirements of this paragraph to ensure compliance with such requirements, and
a sponsor shall cooperate with the department in permitting such site visits
and in providing such information.
(v) A determination by the department that a
sponsor 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 sponsor.
(j) Fees.
(1) At the beginning of each registration
period, a mandatory continuing education fee of $45 shall be collected from
licensees engaged in the practice of chiropractic in New York State, except for
those exempt from the requirement pursuant to subparagraph (b)(2)(i) of this
section. This fee shall be in addition to the registration fee required by
section
6554 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, the fee for the
triennial registration required by section
6554 of the Education Law. In addition,
such licensees shall pay the $45 mandatory continuing education fee.
(3) Organizations desiring to offer
continuing education to licensed chiropractors based upon a department review,
pursuant to paragraph (i)(4) of this section, shall submit an application fee
of $900 with the application requesting the issuance of a permit from the
department to become an approved sponsor of a formal continuing education
program. A fee of $900 shall accompany application for a three-year renewal of
the permit.