New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 78 - Massage
Section 78.5 - Continuing education for massage therapists
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 78.5
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
registered by the department or accredited by an acceptable accrediting
agency.
(b) Applicability of requirement.
(1)
Each licensed massage therapist, required under article 155 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 massage therapist in New York State; and
(b) licensed massage therapists who are not
engaged in the practice of massage 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, a maximum of 12 hours of which may be
self-instructional coursework acceptable to the department. Any licensed
massage therapist whose first registration date following January 1, 2012
occurs less than three years from that date, shall complete continuing
education hours on a prorated basis at the rate of one hour of acceptable
formal continuing education per month for each full calendar month completed
between January 1, 2012 and the licensee's first registration date thereafter.
Such continuing education shall be completed during the period beginning
January 1, 2012 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 coursework 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 be coursework that contributes
to the professional practice of massage therapy and shall have as its focus one
or more of the following content areas, provided, however, that any coursework
including the practical application of modalities or techniques shall only be
accepted if such coursework provides instruction on the application of
modalities or techniques legally authorized to be practiced within the scope of
practice of massage therapy:
(a) subjects that
enhance knowledge and skill in the theory, technique, and methods that fall
within or are related to the practice of massage therapy, including, but not
limited to, instruction in Swedish massage; medical massage; Shiatsu;
connective tissue massage; Tui Na; reflexology; acupressure; polarity;
myofascial massage; neuromuscular massage; craniosacral techniques; manual
lymphatic drainage; infant massage; pregnancy massage; stretching; exercises to
facilitate, enhance or perpetuate the benefits of massage therapy; Thai
massage; sports massage; and courses related to specific physical conditions,
such as cancer, that may require massage therapy;
(b) subjects that are fundamental to the
practice of the profession, including, but not limited to, pathology, myology,
neurology, anatomy, physiology, or subjects that are ancillary to the practice,
such as effects of massage therapy on medication regimes;
(c) subjects that include, but not limited
to, activities and skills needed for practice, such as communication, intake
procedures, assessment and evaluation, treatment planning, prevention,
recordkeeping, First Aid, CPR, and knowledge of the chemical ingredients and
safety of products and tools used in the practice of massage therapy;
(d) clinical interventions/evidence-based
models;
(e) philosophy and
principles of massage therapy;
(f)
subjects relating to health care, professional rules and regulations, standards
of good practice, precautions, law, and/or ethics which contribute to
professional practice in massage 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 may be courses of learning offered by
a sponsor, approved by the department pursuant to subdivision (i) of this
section, which may include, but need not be limited to, courses offered by such
an approved sponsor; university and college credit and non-credit courses; or
courses offered by programs registered by the department as
licensure-qualifying for the profession of massage therapy. Acceptable formal
classes may be presented in various modes of instruction, including distance
learning, but massage therapists must have documentation acceptable to the
department, verifying his or her completion of the coursework and detailing the
duration and content of the course.
(b) Other educational activities. Acceptable
continuing education shall include the following other educational activities:
(1) preparing and teaching a course offered
by a sponsor of continuing education to massage therapists, 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 or at a program registered by the department as
licensure-qualifying for the profession of massage therapy and relating to the
practice of massage 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
presentation at a professional conference sponsored by an organization that is
a sponsor of continuing education to massage therapists 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) authoring an article or report of
research 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;
(5) renewing a course in First Aid or CPR
leading to a certificate for a maximum of three hours in each renewal period
for each subject;
(6) completion of
an online test, developed by the State Board for Massage Therapy and the
department, on ethics, precautions, standards of practice, and the Rules of the
Board of Regents and the Regulations of the Commissioner of the Commissioner of
Education relating to the practice of massage therapy for a maximum of three
hours;
(7) 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;
(8) 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; or
(9) completing a maximum of 12 hours of
self-instructional coursework to meet the continuing education requirement,
including, but not limited to, online coursework in any of the areas identified
in subparagraph (2)(i) of this subdivision, to the extent that the content of
such coursework and hours completed can be verified by documentation. A maximum
of six hours of study in online courses that have been approved by other
jurisdictions for formal education in massage therapy, including continuing
education may be included in such self-instructional coursework.
(iii) Prohibition.
(a) Any continuing education designed for the
sole purpose of maximizing profits for the practice of a massage therapist
shall not be acceptable as continuing education.
(b) Coursework in techniques that do not fall
in the practice of the profession of massage therapy, such as, but not limited
to, Reiki, Feldenkrais Method, the Alexander Technique, or appearance
enhancement practices as defined by the New York State Department of State
shall not be acceptable as continuing education.
(d) Renewal of registration.
At each triennial registration period following the first period in which the individual was licensed, a licensed massage therapist shall certify to the department that he or she has either complied with the continuing education requirements, as prescribed in this section, or is 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 massage therapy in this State after a lapse in practice, as
evidenced by not being registered to practice in this State, whose first
registration date after such lapse in practice and following January 1, 2012
occurs less than three years from January 1, 2012, shall be required to
complete:
(i) at least one hour of acceptable
continuing education for each month beginning with January 1, 2012 until the
beginning of the new registration period, which shall be completed for a
licensee who has not lawfully practiced massage 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 massage therapist 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 massage therapist 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 massage
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 massage therapist 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 massage therapy after a lapse in
practice in which the licensee was not registered to practice in New York State
but did lawfully practice massage 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 massage therapy services.
(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. A 50 minute period for a course shall not include time taken for lunch or break periods.
(i) Sponsor approval.
(1) To be approved by the
department, sponsors of continuing education to licensed massage therapists 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 following entities shall be deemed
approved by the department as a sponsor of continuing education to licensed
massage therapists in the form of courses of learning or self-study programs:
(i) a national massage therapy organization
or other professional organization, acceptable to the department, that fosters
good practice in the profession of massage therapy, in the nation as a whole
and/or a region of the nation;
(ii)
a New York State massage therapy organization, acceptable to the department,
that is incorporated or otherwise organized in New York State that fosters good
practice in the profession of massage therapy 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 massage therapy that promotes and protects the health,
safety and welfare of the public and fosters good practice in the profession of
massage therapy;
(iv) affiliates of
international massage therapy conferences at which massage therapy is a major
component of such conferences;
(v)
an entity, hospital or health facility defined in section
2801 of the Public Health Law;
and
(vi) 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 massage therapists that are not otherwise
deemed approved pursuant to the provisions of paragraph (2) of this
subdivision.
(ii) An organization
seeking approval to offer continuing education, subject to a department review
under this paragraph, shall submit, together 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 massage therapy program offered by a higher education
institution; or instructors who are specially qualified authorities in massage
therapy, as determined by the department with assistance from the State Board
for Massage 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 massage therapists in the course if a course, a record
of participation of licensed massage therapists 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.
(vi) Prohibition. Presenters of didactic
instruction may be provided by persons who are not licensed by the State of New
York as massage therapists. The practical application of such modalities and
techniques must be done by licensed massage therapists, or those otherwise
authorized, 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 $45 shall be
collected from licensees engaged in the practice of massage 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 section
7804 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
7804 of the Education Law. In addition,
such licensees shall pay the $45 mandatory continuing education fee.
(3) Organizations seeking approval to offer
continuing education to licensed massage therapists, subject to 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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