New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 77 - Physical Therapy
Section 77.10 - Continuing education for physical therapists and physical therapist assistants
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 77.10
Current through Register Vol. 46, No. 39, September 25, 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.
(b) Applicability of requirements.
(1) Each
licensed physical therapist and licensed physical therapist assistant, required
under article 136 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 physical therapist
or licensed physical therapist assistant in New York State; and
(b) licensed physical therapists or licensed
physical therapist assistants who are not engaged in the practice of physical
therapy, 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 requirement.
(i) During each triennial registration
period, meaning a registration period of three years' duration, an applicant
for registration shall complete at least 36 hours of continuing education,
acceptable to the department, as defined in paragraph (2) of this subdivision.
Any licensed physical therapist or licensed physical therapist assistant whose
first registration date following September 1, 2009 occurs less than three
years from that date, but on or after January 1, 2010, shall complete
continuing education hours on a prorated basis at the rate of one-half hour of
acceptable formal continuing education per month for the period beginning
January 1, 2010 up to the first registration date thereafter. Such continuing
education shall be completed during the period beginning September 1, 2009 and
ending before the first day of the new registration period.
(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, continuing education shall meet
the requirements of this paragraph. Such continuing education must be in
subjects prescribed in subparagraph (i) of this paragraph and be the types of
learning activities prescribed in subparagraph (ii) of this paragraph and
subject to the prohibition contained in subparagraph (iii) of this paragraph.
(i) Subjects. Acceptable continuing education
shall contribute to the professional practice of physical therapy and shall
have as its focus one or more of the following subjects:
(a) activities that enhance knowledge and
skill in examination, evaluation, prognosis and planning, intervention,
re-examination, prevention, and outcomes in physical therapy;
(b) clinical interventions/evidence-based
models, and philosophy and principles of physical therapy;
(c) patient communications, recordkeeping,
and reimbursement issues;
(d)
general supervision and business practices;
(e) pedagogical methodologies or other topics
which contribute to the professional practice of physical therapy; or
(f) matters relating to health care, law,
and/or ethics which contribute to professional practice in physical therapy and
the health, safety, and/or welfare of the public.
(ii) Types of learning activities. Acceptable
continuing education shall be the types of learning activities prescribed in
this subparagraph and shall be subject to the limitations prescribed in this
subparagraph and subparagraph (iii) of this paragraph.
(a) Courses of learning. Acceptable
continuing education shall be courses of learning offered by a sponsor approved
by the department pursuant to subdivision (i) of this section, which may
include, among others, courses offered by an approved sponsor, university and
college credit and non-credit courses, and professional development and
technical sessions related to the practice of physical therapy.
(b) Other educational activities. Acceptable
continuing education shall be the following other educational activities:
(1) preparing and teaching a course offered
by a sponsor of continuing education to physical therapists or physical
therapist assistants, approved pursuant to subdivision (i) of this section,
provided that such teaching shall not be acceptable where the licensee has
taught the course on more than one occasion without presenting new or revised
material. Continuing education hours that may be credited for this activity may
include actual instructional time plus preparation time which may be up to two
additional hours for each hour of presentation.
(2) preparing and teaching a course,
acceptable to the department, at a higher education institution relating to the
practice of physical therapy, provided that such teaching shall not be
acceptable where the licensee has taught the course on more than one occasion
without presenting new or revised material. Continuing education hours that may
be credited for this activity may include actual instructional time plus
preparation time which may be up to two additional hours for each hour of
presentation.
(3) making a
technical presentation at a professional conference sponsored by an
organization that is a sponsor of continuing education to physical therapists
and physical therapist assistants and that is approved pursuant to subdivision
(i) of this section, provided that such presentation shall not be acceptable
where the licensee has presented on the topic on more than one occasion without
presenting new or revised material. Continuing education hours that may be
credited for this activity shall include actual presentation time, plus
preparation time which may be up to two additional hours for each hour of
presentation.
(4) achieving a
specialty certification or recertification from an entity acceptable to the
department, provided that the amount of continuing education credit awarded for
such certification or recertification shall be an amount prescribed by the
department.
(5) completing a
self-study program, meaning 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;
(6) authoring an article published in a
peer-reviewed journal or a published book, provided that the amount of
continuing education credit awarded for such activity shall be an amount
prescribed by the department; or
(7) completing and receiving a passing score
on an examination approved by the department that demonstrates the licensee's
knowledge of the laws, rules and regulations of New York relating to the
practice of physical therapy. Two hours of continuing education credit shall be
awarded for receiving a passing score on such examination.
(iii) Prohibition. Any continuing
education designed for the sole purpose of maximizing profits for the practice
of a physical therapist or a physical therapist assistant shall not be
considered by the department as acceptable continuing education.
(d) Renewal of registration. At each re-registration, licensed physical therapists and licensed physical therapist assistants 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 physical therapy 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 September 1, 2009 occurs less
than three years from January 1, 2010, shall be required to complete:
(i) at least one-half hour of acceptable
continuing education for each month beginning with January 1, 2010 until the
beginning of the new registration period, which shall be completed for a
licensee who has not lawfully practiced physical therapy 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 physical therapist or physical therapist assistant
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 physical therapist or physical therapist assistant 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 physical
therapy 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 physical therapist or
physical therapist assistant 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 physical therapy
or physical therapist assistant after a lapse in practice in which the licensee
was not registered to practice in New York State but did lawfully practice
physical therapy 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;
and
(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 physical therapy services consistent with the
licensee's practice as a physical therapist or physical therapist
assistant.
(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 sponsor'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. Continuing education credit for other educational activities shall be awarded as prescribed by the department.
(i) Sponsor approval.
(1) To be approved by the department,
sponsors of continuing education to licensed physical therapists and licensed
physical therapist assistants in the form of courses of learning or self-study
programs shall meet the requirements of either paragraph (2) or (3) of this
subdivision.
(2) The department
shall deem approved as a sponsor of continuing education to licensed physical
therapists or physical therapist assistants in the form of courses of learning
or self-study programs:
(i) a national
physical therapy organization or other professional organization, acceptable to
the department, that fosters good practice in the physical therapy professions,
in the nation as a whole and/or a region of the nation;
(ii) a New York State physical therapy
organization, acceptable to the department, that is incorporated or otherwise
organized in New York State that fosters good practice in the physical therapy
professions in the State of New York as a whole and/or a region of the State of
New York;
(iii) a national
organization of jurisdictional boards of physical therapy that promotes and
protects the health, safety and welfare of the public and fosters good practice
in the physical therapy professions;
(iv) an entity, hospital or health facility
defined in section
2801 of the
Public Health Law; and
(v) a higher
education institution.
(3) Department review of sponsors.
(i) The department shall conduct a review of
sponsors that apply for approval to offer continuing education to licensed
physical therapists and physical therapist assistants that are not otherwise
deemed approved pursuant to the provisions of paragraph (2) of this
subdivision.
(ii) An organization
desiring to offer continuing education 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 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
educational entity, or an entity that has expertise in the professional areas
that will be taught, including but not limited to, postsecondary institutions
that are not already deemed approved pursuant to subparagraph (2)(v) 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 physical therapy program offered by
a higher education institution; or instructors who are specially qualified
authorities in physical therapy, as determined by the department with
assistance from the State Board for Physical Therapy, 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 physical therapists or physical
therapist assistants in the course if a course, a record of participation of
licensed physical therapists or physical therapist assistants 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 physical therapy 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 any applicable registration
fees required by sections
6734 and
6740 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
section
6734 or
6740 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 physical
therapists and/or licensed physical therapist assistants based upon a
department review, pursuant to paragraph (i)(3) 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 an application for a
three-year renewal of the permit.
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