New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 75 - Speech-Language Pathology and Audiology
Section 75.8 - Continuing competency for speech-language pathologists and/or audiologists
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 75.8
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
United States Department of Education.
(2)
Independent study means
individualized professional study that is self-initiated, goal-driven learning
based on reading and research.
(3)
Peer review means review by an individual or individuals who
have appropriate credentials and are recognized experts in the subject which
they are reviewing.
(4)
Professional subjects means for both the profession of
speech-language pathology and the profession of audiology the subjects of
speech, voice, language and/or hearing; and for the profession of
speech-language pathology the additional subject of swallowing.
(5)
Related subjects means
for both the profession of speech-language pathology and the profession of
audiology the following subjects: legal or regulatory issues; reimbursement
issues; general supervision; business practices; pedagogical methodologies; or
other topics which contribute to the professional practice of speech-language
pathology and/or audiology as such practice is defined in article 159 of
Education Law; or other matters of health care, law, ethics and professional
responsibility which contribute to the health and welfare of the
public.
(6)
Self-study means structured study based on audio,
audio-visual, written, on-line, and other media that is provided by a sponsor
approved by the department pursuant to subdivision (i) of this
section.
(b) Applicability of requirement.
(1) Each
licensed speech-language pathologist and/or audiologist, required under article
159 of the Education Law to register with the department to practice in New
York State, shall comply with the mandatory continuing competency 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 competency requirements, as prescribed in
subdivision (c) of this section:
(a)
licensees for the triennial registration period during which they are first
licensed to practice speech-language pathology and/or audiology in New York
State, except for licensees who have been previously licensed in
speech-language pathology and/or audiology in another state or jurisdiction;
and
(b) licensees who are not
engaged in the practice of speech-language pathology and/or audiology, as
evidenced by not being registered to practice in New York State, except as
otherwise provided in subdivision (e) of this section to meet the requirements
for the resumption of practice in New York State after a lapse in
practice.
(ii)
Adjustments to the requirement. An adjustment to the continuing competency
requirement, as prescribed in subdivision (c) of this section, shall be made by
the department, provided that the licensee documents good cause that prevents
compliance, which shall include, but not be limited to, any of the following
reasons: poor health certified by a physician; or 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
which in the judgement of the department makes it impossible for the licensee
to comply with the continuing competency requirements in a timely
manner.
(c) Mandatory continuing competency requirement.
(1) General requirement.
(i) During each triennial registration
period, meaning a registration period of three years' duration, an applicant
for registration shall complete at least 30 continuing competency hours of
acceptable learning activities, as defined in paragraph (3) of this subdivision
and within the limitations prescribed in such paragraph, provided that at least
20 continuing competency hours of such acceptable learning activities shall
have as their primary focus one or more professional subjects, as defined in
subdivision (a) of this section and the remaining hours of such acceptable
learning activities shall have as their primary focus one or more related
subjects, as defined in subdivision (a) of this section. A licensee who seeks
registration in both speech- language pathology and audiology shall complete
such continuing competency requirement for each registration, except that up to
10 continuing competency hours earned in a related subject for the same
learning activity may be credited for both registrations.
(ii) Any licensed speech-language pathologist
or audiologist whose first registration date following January 1, 2000 occurs
less than three years from such date, but on or after January 1, 2001, shall
complete acceptable learning activities on a prorated basis at the rate of
one-half hour per month for the period beginning January 1, 2000 up to the
first registration date thereafter, provided that at least two-thirds of such
hours of acceptable learning activities shall have as their primary focus one
or more professional subjects, as defined in subdivision (a) of this section,
and the remaining hours of acceptable learning activities shall have as their
primary focus one or more related subjects, as defined in subdivision (a) of
this section. Such acceptable learning activities shall be completed during any
time in the registration period which immediately precedes the first
registration date following January 1, 2000. Licensees who seek registration in
both speech-language pathology and audiology in the registration period
prescribed in this subparagraph shall complete the regular continuing
competency requirement prescribed in this subparagraph, for each registration,
except that up to one-third of such continuing competency hours earned in a
related subject for the same learning activity may be credited for both
registrations.
(iii) Proration.
Unless otherwise prescribed in this section, during each registration period of
less than three-years duration, an applicant for registration shall complete
acceptable learning activities, as defined in paragraph (3) of this subdivision
and within the limitations prescribed in such paragraph, on a pro-rated basis
at a rate of one hour per month up to 30 continuing competency hours in the
registration period, provided that at least two-thirds of such hours of
acceptable learning activities shall have as their primary focus one or more
professional subjects, as defined in subdivision (a) of this section, and the
remaining hours of acceptable learning activities shall have as their primary
focus one or more related subjects, as defined in subdivision (a) of this
section. Licensees who seek registration in both speech-language pathology and
audiology in a registration period of less than three years duration shall
complete the regular competency requirement prescribed in this subparagraph for
each registration, except that up to one-third of such continuing competency
hours earned in a related subject for the same learning activity may be
credited for both registrations.
(2) Special requirement for certain licensed
audiologists. A licensed audiologist who is registered with the Department of
State to dispense hearing aids, pursuant to article 37-A of the General
Business Law, shall complete the general requirement prescribed in paragraph
(1) of this subdivision, provided that as part of this requirement such
licensed audiologist shall complete at least two continuing competency hours
for each full year of the registration period of acceptable learning activities
consisting of coursework or training offered by an approved sponsor, as
prescribed in paragraph (3) of this subdivision, on the selecting and/or the
fitting of hearing aids. Such course work or training shall be credited towards
meeting the requirement for completing acceptable learning activities in a
professional subject.
(3)
Acceptable learning activities shall meet the requirements of this paragraph
and be subject to the limitations prescribed in this paragraph.
(i) Subjects. Acceptable learning activities
shall have as their primary focus one or more professional subjects, as defined
in subdivision (a) of this section, or one or more related subjects, as defined
in subdivision (a) of this section.
(ii) Acceptable learning activities shall
contribute to the licensee's professional practice as a speech-language
pathologist and/or audiologist.
(iii) Types of learning activities.
Acceptable learning activities shall be in one or more of the types of
activities prescribed in this subparagraph, and shall be subject to the
limitations prescribed in this subparagraph.
(a) Coursework or training offered by an
approved sponsor. Acceptable learning activities shall be coursework or
training offered by a sponsor, approved pursuant to the requirements of
subdivision (i) of this section, which may include but need not be limited to
the following types of offerings by such approved sponsors: formal continuing
education courses or workshops; or formal academic study offered as part of a
registered program pursuant to Part 52 of this Title or an equivalent program
that is accredited by an acceptable accrediting agency; or in-service training
programs offered by an employer to its employees; or self-study, as defined in
subdivision (a) of this section. No more than two-thirds of the mandatory
continuing competency requirement may be completed through self-study.
Acceptable learning activities may also include in-service training to teachers
of students with speech and hearing disabilities specifically designed to
improve methods of teaching students with such disabilities which is provided
to employees of a New York State school district or Board of Cooperative
Educational Services (BOCES) pursuant to its professional learning plan,
required by the department pursuant to section
100.2(dd)
of this Title; and up to one-third of the mandatory continuing competency
requirement may also be completed by such teachers through in-service training,
pursuant to such professional learning plans, in general issues of supervision
and administration, and in general teaching methods.
(b) Independent study. Acceptable learning
activities may be independent study, as defined in subdivision (a) of this
section. A licensee who completes independent study to meet the mandatory
continuing competency requirement shall prepare a narrative account of what was
learned and an overall written evaluation of the learning activity. Such
licensee shall maintain a copy of the narrative account and written evaluation
for six years after completion of this learning activity. Three clock hours of
independent study shall equal one continuing competency hour. No more than
one-sixth of the mandatory continuing competency requirement may be completed
through independent study.
(c)
Mentoring or receiving mentoring as a learner. Acceptable learning activities
may be mentoring or receiving mentoring as a learner in accordance with the
requirements of this clause.
(1) The
mentoring shall be a one-to-one relationship between a mentor and a learner.
The mentorship shall provide a minimum of 15 clock hours of direct contact
between the mentor and the learner.
(2) The mentor shall be licensed in
speech-language pathology and/or audiology or in another profession licensed
pursuant to title VIII of the Education Law and have at least five years of
post-licensure experience in the subject of the mentoring. The learner shall be
licensed as a speech-language pathologist or as an audiologist.
(3) The mentor and the learner shall develop
written learner goals that shall be met during the mentorship by the
learner.
(4) The mentor shall
develop a written teaching plan that shall guide the mentorship and shall
formally evaluate the learner in writing.
(5) The learner shall prepare a narrative
account of what was learned in the mentorship and an overall evaluation of the
mentorship.
(6) A licensee who is
either a mentor or learner who completes a mentorship that meets the
requirements of this clause shall receive up to 10 continuing competency hours
of credit, except that no more than one-third of the mandatory continuing
competency requirement may be completed through either mentoring or receiving
mentoring as a learner.
(7) Each
licensee who meets a portion of his or her continuing competency requirement
through participation in a mentorship either as a mentor or as a learner shall
maintain the following records for a period of six years from the date of the
completion of this activity: name of the mentor and learner, learner goals, the
teaching plan of the mentor, the evaluation of the learner by the mentor, the
narrative account of the learner of what was learned, and the evaluation of the
mentorship by the learner.
(d) Publication. Acceptable learning
activities may be publication of a written work by the licensee during the
registration period in accordance with the requirements of this clause.
(1) A licensee shall receive up to 10
continuing competency hours of credit for editing a textbook published during
the registration period, or for each written work published as an article in a
professional journal that is peer reviewed, as defined in subdivision (a) of
this section, or as a chapter within an edited textbook during the registration
period, except that no more than two-thirds of the mandatory continuing
competency requirement may be completed through such publication.
(2) A licensee shall receive up to 15
continuing competency hours of credit for each written work published as a
textbook during the registration period, except that no more than two-thirds of
the mandatory continuing competency requirement may be completed through such
publication.
(3) A licensee shall
receive up to five continuing competency hours of credit for a written work
whose subject shall be a professional subject, as defined in subdivision (a) of
this section, published during the registration period as an article in a
journal that is not peer reviewed, as defined in subdivision (a) of this
section, except that no more than one-sixth of the mandatory continuing
competency requirement may be completed through such publication.
(e) Presentation at a professional
conference. Acceptable learning activities may be a presentation by the
licensee at a professional conference sponsored by a bona fide organization
that has an established record of sponsoring conferences for a profession
licensed pursuant to title VIII of the Education Law. A licensee who makes one
or more such presentations during the registration period shall receive up to
five continuing competency hours in total for this learning activity, except
that no more than one-sixth of the mandatory continuing competency requirement
may be completed through such a presentation.
(f) Chairing a professional practice
committee. Acceptable learning activities may be chairing a professional
practice committee of an international, national, state or local professional
association that has an established record of providing support and guidance
for the practice of the professions of speech-language pathology and/or
audiology. A licensee who serves as such chair for at least one year during the
registration period shall receive up to five continuing competency hours in
total for this learning activity, except that no more than one-sixth of the
mandatory continuing competency requirement may be completed through such
activity. Such activity shall be considered a learning activity in a related
subject, as defined in subdivision (a) of this section, and may only be
credited as such in meeting the mandatory continuing competency
requirement.
(g) Participation in a
professional study group. Acceptable learning activities may be participation
in a professional study group in accordance with the requirements of this
clause.
(1) The professional study group
shall be composed of three or more licensed speech-language pathologists and/or
audiologists.
(2) The study group
shall have written goals for what it expects to accomplish and a written study
plan to meet these goals. The study group shall evaluate the learning activity
in writing when the group has met its study goals.
(3) The study group shall maintain attendance
records and meeting notes for what transpired at each meeting of the study
group.
(4) Each licensee who meets
a portion of the continuing competency requirement through participation in a
study group shall maintain the following records for a period of six years from
the date of the completion of this activity: list of participants, an
attendance record, goals of the group, study plan, notes of meetings, and the
evaluation of the learning activity.
(5) Two clock hours of participation in a
study group pursuant to this clause shall equal one continuing competency hour.
No more than one-half of the mandatory continuing competency requirement may be
completed through participation in a study group.
(d) Renewal of registration.
At each reregistration, licensed speech-language pathologists and/or audiologists shall certify to the department that they have either complied with the continuing competency requirements, as prescribed in this section; or are subject to an exemption or adjustment to such continuing competency requirements, as prescribed in subdivision (b) of this section.
(e) Requirement for lapse in practice.
(1) Registrations prior to January 1, 2003. A
licensee returning to the practice of speech-language pathology and/or
audiology after a lapse in practice, defined as not being registered to
practice in New York State, whose first registration date after such lapse in
practice begins prior to January 1, 2003 shall complete acceptable learning
activities on a prorated basis at the rate of one-half hour per month for the
period beginning January 1, 2000 up to the first registration date thereafter.
Such licensee shall also complete acceptable learning activities, prorated at
the rate of one continuing competency hour for each month for which the
licensee was not authorized to practice speech-language pathology and/or
audiology in any jurisdiction in the three-year period prior to the
commencement of the new registration period, up to an additional 30 continuing
competency hours. At least two-thirds of the total number of continuing
competency hours shall be in acceptable learning activities in one or more
professional subjects, as defined in subdivision (a) of this section, and the
remaining hours shall be in acceptable learning activities in one or more
related subjects, as defined in subdivision (a) of this section. The continuing
competency hours required by this paragraph shall be completed in the
three-year period prior to the commencement of the new registration period,
except that at least 10 of the total number of continuing competency hours
shall be completed in the 12 months preceding the commencement of the new
registration period.
(2)
Registrations on or after January 1, 2003. A licensee returning to the practice
of speech-language pathology and/or audiology after a lapse in practice,
defined as not being registered to practice in New York State, whose first
registration date after such lapse in practice begins on or after January 1,
2003 shall complete 30 continuing competency hours of acceptable learning
activities. Such licensee shall also complete acceptable learning activities,
prorated at the rate of one continuing competency hour for each month for which
the licensee was not authorized to practice speech-language pathology and/or
audiology in any jurisdiction in the three-year period prior to the
commencement of the new registration period, up to an additional 30 continuing
competency hours. At least two-thirds of the total number of continuing
competency hours shall be in acceptable learning activities in one or more
professional subjects, as defined in subdivision (a) of this section, and the
remaining hours shall be in acceptable learning activities in one or more
related subjects, as defined in subdivision (a) of this section. The continuing
competency hours required by this paragraph shall be completed in the
three-year period prior to the commencement of the new registration period,
except that at least 10 of the total number of continuing competency hours
shall be completed in the 12 months preceding the commencement of the new
registration period.
(f) Conditional registration.
(1)
The department shall issue a conditional registration to a licensee who admits
to noncompliance with the continuing competency 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; and
(ii) the licensee agrees to complete the
regular continuing competency requirement prorated at the rate of at least one
continuing competency hour per month during such conditional registration
period; and the licensee agrees to complete additional continuing competency
requirements during such conditional registration period, which the department
may require to ensure the licensee's proper delivery of professional care
consistent with the licensee's practice of speech-language pathology and/or
audiology.
(2) The
duration of such conditional registration shall not exceed one year and shall
not be renewed or extended.
(g) Licensee records.
(1) Each licensee subject to the requirements
of this section shall maintain, and ensure access by the department to the
following records:
(i) a plan for continuing
competency which includes:
(a) a
self-assessment of useful subjects for professional development;
(b) a list of the licensee's three-year
learning goals for professional development; and
(c) an itemization of the prospective
benefits to be realized in the licensee's practice through anticipated learning
activities; and
(ii) a
comprehensive list of acceptable learning activities completed, which includes
for each learning activity:
(a) the sponsor's
name, if any, and any identifying number;
(b) a written verification of attendance, if
attendance was required;
(c) the
date and location of the learning activity;
(d) the number of continuing competency hours
completed;
(e) an evaluation of the
value of the learning activity;
(f)
a narrative summary of what was learned; and
(g) a description of how the learning
activity enhances the licensee's professional competence.
(2) In addition to meeting the
recordkeeping requirement prescribed in paragraph (1) of this subdivision, each
licensee who meets a portion of his or her continuing competency requirement
through participation in a mentorship either as a mentor or as a learner or
through participation in a study group shall meet the recordkeeping
requirements prescribed in paragraph (c)(2) of this section for such acceptable
learning activities.
(3) Such
records shall be retained for at least six years from the date of completion of
the activity and shall be available for review by the department in the
administration of the requirements of this section.
(h) Measurement of continuing competency learning activities.
Continuing competency credit shall be granted only for learning activities that meet the requirements set forth in subdivision (c) of this section. A minimum of 50 minutes of formal continuing education courses or workshops shall equal one continuing competency hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing competency hours of credit, and each quarter- hour of credit shall equal 10 continuing competency hours of credit. For activities that carry continuing education units (CEUs), one-tenth of a CEU shall equal one continuing competency hour.
(i) Sponsor approval.
(1) To be approved by the department,
sponsors of coursework or training offered to licensed speech-language
pathologists and/or audiologists to meet the continuing competency requirement
shall meet the requirements of either paragraph (2) or (3) of this
subdivision.
(2) The department
shall deem approved as a sponsor of coursework or training offered to licensed
speech-language pathologists and/or audiologists to meet the continuing
competency requirement:
(i) A sponsor of
coursework or training that is approved by the American Speech-Language-Hearing
Association, or the American Academy of Audiology, or the New York State
Speech-Language-Hearing Association, or the International Association for
Continuing Education and Training, or an equivalent organization determined by
the department to have adequate standards for approving sponsors of continuing
education for professionals regulated by title VIII of the Education Law that
include but are not limited to standards that are equivalent to the standards
prescribed in clauses (3)(ii)(a), (c), and
(d) of this subdivision;
(ii) postsecondary institutions, provided
that such approval is limited only to the offering of courses in programs that
are registered by the department pursuant to Part 52 of this Title, or in
equivalent programs that are accredited by an acceptable accrediting
agency;
(iii) postsecondary
institutions that offer programs that are registered pursuant to Part 52 of
this Title as leading to licensure in speech-language pathology and/or
audiology or postsecondary institutions that offer equivalent professional
education programs in speech-language pathology and/or audiology accredited by
an acceptable accrediting agency, for credit and noncredit offerings;
(iv) a New York State school district or
Board of Cooperative Educational Services (BOCES), provided that such approval
is limited only to the offering by the school district or BOCES of in-service
training provided to teachers of students with speech and hearing disabilities
employed by such school district or BOCES, pursuant to its professional
learning plan required by section
100.2(dd)
of this Title; or
(v) a sponsor
whose course of study is approved by the Department of State pursuant to
article 37-A of the General Business Law, provided that such approval is
limited only to the offering of coursework or training on the selecting and/or
fitting of hearing aids to licensed audiologists who are registered with the
Department of State to dispense hearing aids, pursuant to article 37-A of the
General Business Law.
(3) Department review of sponsors.
(i) The department shall conduct a review of
sponsors that apply for approval of coursework or training offered to licensed
speech-language pathologists and/or audiologists to meet the continuing
competency requirement and that are not deemed approved pursuant to the
requirements of paragraph (2) of this subdivision.
(ii) Organizations desiring to offer course
work or training based upon a department review under this paragraph 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 for the commencement of such coursework or training that documents that
the organization:
(a) will offer courses of
study in one or more professional subjects, as defined in subdivision (a) of
this section or one or more related subjects, as defined in subdivision (a) of
this section;
(b) is an organized
educational entity or is an entity that has expertise in the professional area
that will be taught, including but not limited to, a postsecondary
degree-granting institution; or a speech and/or hearing association; or a
hospital or health maintenance organization; or a public school;
(c) provides instructors who are qualified to
teach the courses which will be offered, including but not limited to, faculty
of a speech-language pathology or audiology program accredited by an acceptable
accrediting agency; or instructors who are authorities in the health sciences
specially qualified, in the opinion of the department after consultation with
the State Board for Speech-Language Pathology and Audiology, 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 licensed speech-language pathologists and/or
audiologists in such coursework, an outline of the course of instruction, date
and location of the coursework, and the number of hours for completion of the
coursework. 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 competency fee of $50 shall be collected from
licensees engaged in the practice of speech-language pathology in New York
State and a mandatory continuing competency fee of $50 shall be collected from
licensees engaged in the practice of audiology 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
8206 of the Education Law.
(2) Licensees applying for a conditional
registration, pursuant to the requirements of subdivision (e) 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
8206 of the Education Law. In addition,
such licensees shall pay the $50 mandatory continuing competency fee.
(3) Organizations desiring to offer course
work or training based upon a department review, pursuant to paragraph (i)(3)
of this section, shall submit an application fee of $900 with its application
for the issuance of a permit from the department to become an approved sponsor
of coursework or training offered to licensed speech-language pathologists
and/or audiologists to meet the continuing competency requirement. Application
for a three-year renewal of the permit shall be accompanied by a fee of
$900.
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