New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 79 - Regulation of Individual Professions
Subpart 79-10 - Marriage And Family Therapy
Section 79-10.8 - Continuing education for licensed marriage and family therapists
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 79-10.8
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.
(3)
Psychotherapy institute
means a psychotherapy institute chartered by the Board of Regents, or an
institution offering a program which meets the requirements of section
52.35 of this
Title.
(b) Applicability of requirements.
(1) Each licensed marriage and family
therapist, required under article 163 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 licensed marriage
and family therapist in New York State; and
(b) licensed marriage and family therapists
who are not engaged in the practice of marriage and family 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 marriage and family therapist whose first registration date
following January 1, 2017 occurs less than three years from such date 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, 2017 up to the first registration date thereafter. Such continuing
education shall be completed during the period beginning January 1, 2017 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) Acceptable subjects.
(a) The formal continuing education shall be
in professional and clinical skills in accordance with the practice of marriage
and family therapy as defined in section
8403 of the
Education Law. Such subjects may include but shall not be limited to: clinical
interventions and evidence-based practice; cross-disciplinary offerings from
medicine, law, administration, education, behavioral and social sciences
related to marriage and family therapy practice, patient communications,
recordkeeping, and matters relating to law and/or ethics which contribute to
professional practice in marriage and family therapy and the health, safety,
and/or welfare of the public.
(b)
All subject topics must be comparable to those taught in professional education
programs in marriage and family therapy offered by a program that is registered
under section
52.33 of this
Title.
(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 courses of learning and other education activities must be taken
from a provider who has been approved by the department on the basis of an
application and fee, pursuant to subdivision (i) of this section. Formal
courses of learning shall include but not be limited to, university and college
credit and non-credit courses, and professional development programs and
technical sessions offered by national, State and local professional
associations and other organizations acceptable to the department, and any
other organized educational and technical programs related to the practice of
marriage and family therapy that are acceptable to the department.
(b) Other educational activities. Acceptable
continuing education shall be the following other educational activities:
(1) preparing and teaching a course offered
by a provider of continuing education to licensed marriage and family
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
psychotherapy institute, as defined in paragraphs (a)(2) and (3) of this
section, relating to the practice of marriage and family 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 provider of
continuing education to licensed marriage and family 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) completing a self-study program, meaning
structured study, offered by a provider approved pursuant to subdivision (i) of
this section, that is based on audio, audio-visual, written, on-line, or 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. Self-study may comprise no more than 12 hours of
continuing education in any three-year registration period, or one-third of the
hours for a registration period other than three years;
(5) authoring a first-time article published
in a peer-reviewed journal or a chapter in a published book, provided that the
amount of continuing education credit awarded for such activity shall be two
hours; or
(6) authoring a
first-time book in the practice of licensed marriage and family therapy,
provided that the amount of continuing education credit awarded for such
activity shall be five hours.
(c) The department may, in its discretion and
as needed to contribute to the health and welfare of the public, require the
completion of continuing education courses in specific subjects to fulfill this
mandatory continuing education requirement.
(i) Commencing with registration periods
beginning on or after April 1, 2023, a licensee shall complete, as part of the
required 36 hours of continuing education, three hours of continuing education
on issues related to maintaining appropriate professional boundaries between
licensees and patients, from a provider approved by the
department.
(iii) Prohibition.
(a) Any continuing education designed for the
sole purpose of personal development, marketing, business practices, and
maximizing profits for the practice of a licensed marriage and family therapist
shall not be considered by the department as acceptable continuing
education.
(b) Supervision of a
licensed marriage and family therapist, limited permit holder, student or
intern in a placement that is part of a license-qualifying program, is not an
acceptable subject of continuing
education.
(d) Renewal of registration.
At each re-registration, licensed marriage and family therapists 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.
(1) A licensee who has not satisfied the
mandatory continuing education requirements shall not practice until such
requirements have been met and the licensee has been issued a registration
certificate by the department, except where a licensee has been issued a
conditional registration, as provided for in subdivision (f) of this
section.
(2) Continuing education
hours taken during one registration period may not be transferred to the
subsequent registration period.
(e) Requirement for lapse in practice.
(1) A licensee returning to
the practice of licensed marriage and family 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 occurs less than three years
from January 1, 2017 shall be required to complete:
(i) at least one hour of acceptable
continuing education for each month beginning with January 1, 2017 until the
beginning of the new registration period, which shall be completed for a
licensee who has not lawfully practiced marriage and family 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 licensed marriage and family
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 licensed marriage and family 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 licensed marriage and
family 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 licensed marriage
and family 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 practice as a licensed marriage
and family therapist after a lapse in practice in which the licensee was not
registered to practice in New York State but did lawfully practice marriage and
family 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 marriage and family therapy services consistent with
the licensee's practice as a licensed marriage and family
therapist.
(2) The
duration of such conditional registration shall not exceed one year and shall
not be renewed or extended.
(g) Licensee records.
Each licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the title of the course if a course, the type of educational activity if an educational activity, the subject of the continuing education, the number of hours of continuing education completed, the provider's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, a copy of any article or book for which continuing education credit is claimed with proof of publication, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be made available for review by the department in the administration of the requirements of this section.
(h) Measurement of continuing education study.
Continuing education credit shall be granted only for acceptable continuing education, as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit. Continuing education credit for other educational activities shall be awarded as described in clause (c)(2)(ii)(b) of this section or as otherwise prescribed by the department.
(i) Provider approval.
(1) An entity
or individual seeking approval by the department as a provider of continuing
education to licensed marriage and family therapists in the form of courses of
learning or self-study programs shall submit the fee prescribed in paragraph
(j)(3) of this section and meet the requirements of paragraphs (2) and (3) of
this subdivision.
(2) An entity or
individual eligible to apply for approval to be a provider of continuing
education to licensed marriage and family therapists includes, but is not
limited to:
(i) a higher education
institution that offers programs that are registered pursuant to Part 52 of
this Title as leading to licensure as a licensed marriage and family therapist
in New York or accredited by the Commission on the Accreditation for Marriage
and Family Therapy Education (COAMFTE) or a higher education institution that
is accredited by an acceptable accrediting agency and that offers graduate
coursework that is directly related to the enhancement of practice, skills and
knowledge of licensed marriage and family therapists;
(ii) a psychotherapy institute, as defined in
paragraph (a)(3) of this section that offers coursework that is directly
related to the enhancement of practice, skills and knowledge of licensed
marriage and family therapists;
(iii) a national marriage and family
therapist organization or other professional organization that promotes and
protects the health, safety and welfare of the public and fosters good practice
in the marriage and family therapy profession, including specialty boards,
acceptable to the department;
(iv)
a New York State marriage and family therapist organization, acceptable to the
department, that is incorporated or otherwise organized in New York State that
promotes and protects the health, safety and welfare of the public and fosters
good practice in the marriage and family therapy profession in the State of New
York as a whole and/or a region of the State of New York;
(v) a national organization of jurisdictional
boards of marriage and family therapy that promote and protect the health,
safety and welfare of the public and fosters good practice in the marriage and
family therapy profession;
(vi) an
entity operated under an operating certificate appropriately issued in
accordance with article 16, 31 or 32 of the Mental Hygiene Law;
(vii) an entity, hospital or health facility
defined in section
2801 of the
Public Health Law; or
(viii) an
individual with expertise to provide continuing education to New York State
licensed marriage and family therapists.
(3) Department review of providers.
(i) The department shall conduct a review of
providers that apply for approval to offer continuing education to licensed
marriage and family therapists.
(ii) An organization or individual desiring
to offer continuing education shall submit, with the fee as set forth in
subdivision (j) of this section, an application for advance approval as a
provider at least 90 days prior to the date of the commencement of such
continuing education that documents that the organization or individual:
(a) will offer courses of learning or
self-study programs in one or more of the subjects prescribed for acceptable
continuing education in subparagraph (c)(2)(i) of this section;
(b) is an organized entity or individual,
included in paragraph (2) of this subdivision, including but not limited to an
institution that offers a graduate program that leads to licensure in marriage
and family therapy; or a national, State, or local marriage and family therapy
organization; or a hospital, behavioral health program or program serving
persons with developmental disabilities; or another entity that employs
licensed marriage and family therapists and possesses the expertise to offer
courses/educational activities; or an individual with expertise to provide
continuing education to New York State licensed marriage and family therapists;
or an organization desiring to provide continuing education to New York State
licensed marriage and family therapists; or an organization that proposes to
offer courses of learning or self-study programs to licensed marriage and
family therapists; or an organized educational entity with expertise in
marriage and family therapy education and practice; and that meets the
requirements of this subdivision;
(c) provides course instructor(s) who are
qualified to teach the courses which will be offered, including but not limited
to: faculty of a licensed marriage and family therapy program offered by a
higher education institution; or instructor(s) who are specially qualified
authorities in activities that are directed at developing and enhancing a
licensee's practice as a licensed marriage and family therapist, as determined
by the department with assistance from the State Board for Mental Health
Practitioners, 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 or
instructor(s), a record of attendance of licensed marriage and family
therapists in the course if a course; a record of participation of licensed
marriage and family 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 provider discontinues operation, the governing body of such
provider shall notify the department and shall transfer all records as directed
by the department.
(iii)
Providers that are approved by the department pursuant to the requirements of
this paragraph shall be approved for a three-year term.
(iv) The department may conduct site visits
of, or request information from, a provider approved pursuant to the
requirements of this paragraph to ensure compliance with such requirements, and
a provider shall cooperate with the department in permitting such site visits
and in providing such information.
(v) A determination by the department that a
provider approved pursuant to the requirements of this paragraph is not meeting
the standards set forth in this paragraph shall result in the denial or
termination of the approved status of the provider.
(vi) Prohibition. Presenters of didactic
instruction may be persons who are not licensed by the State of New York as
licensed marriage and family therapists. The performance of activities that
fall within the restricted scope of practice of the licensed marriage and
family therapist must be done by individuals licensed and registered under
article 163 of the Education Law, or those otherwise authorized by law to
perform such activities, when the continuing education occurs in the State of
New York.
(j) Fees.
(1) At the beginning of
each registration period, a mandatory continuing education fee of $45 shall be
collected from licensees engaged in the practice of marriage and family 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 any
applicable registration fees required by sections
6507-a and
8403 of the
Education Law.
(2) Licensees
applying for a conditional registration, pursuant to the requirements of
subdivision (f) of this section, shall pay a fee that is the same as and in
addition to, any applicable fee for the triennial registration required by
sections
6507-a and
8403 of the
Education Law. In addition, such licensees shall pay the $45 mandatory
continuing education fee.
(3)
Organizations or individuals desiring to offer continuing education to licensed
marriage and family therapists shall submit an application fee of $900 with the
application requesting the issuance of a permit from the department to become
an approved provider of a formal continuing education program. A fee of $900
shall accompany an application for a three-year renewal of the
permit.
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