Meeting of the Board of Regents | February 2009

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	Professional Practice Committee
FROM:	Frank Muñoz
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to Continuing Education Requirements for Physical Therapists and Physical Therapist Assistants
DATE:	January 23, 2009
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Discussion

 

Should the Regents add a new section 77.10 to the Regulations of the Commissioner of Education, relating to mandatory continuing education requirements for physical therapists and physical therapist assistants?

 

Reason(s) for Consideration

 

Required by State statute.

 

Proposed Handling

 

The proposed amendment is submitted for discussion at the February 2009 Regents meeting.  Adoption of the proposed amendment as a permanent rule is scheduled for the April 2009 Regents meeting.  Supporting materials for the proposed amendment are available from the Secretary to the Board of Regents.

 

Procedural History

 

A Notice of Proposed Rule Making will be published in the State Register on February 4, 2009.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

 

Background Information

 

Section 6742-a of the Education Law, as added by Chapter 207 of the Laws of 2008, requires licensed physical therapists and certified physical therapist assistants to complete 36 hours of mandatory continuing education when registering to practice in New York State, effective September 1, 2009.

 

In order to timely implement the requirements of Chapter 563 of the Laws of 2008, the proposed amendment establishes the mandatory continuing education requirements and the process for the Department’s approval of sponsors of such continuing education.  The proposed amendment requires licensed physical therapists and certified physical therapist assistants to complete 36 hours of continuing education in each three-year registration period.   The proposed amendment provides a phase-in period in which licensees whose first registration period is during the first three years after September 1, 2009 will be required to complete only a portion of the 36 hours of mandatory continuing education, based upon a prorated statutory formula.

 

The proposed amendment defines acceptable continuing education subjects and other types of educational activities that the Department will deem satisfactory to satisfy the required continuing education requirements.  Acceptable continuing education shall contribute to the professional practice of physical therapy and shall have its focus: activities that enhance knowledge and skill in examination, evaluation, prognosis and planning, intervention, re-examination, prevention and outcomes in physical therapy; clinical interventions/evidence-based models, and philosophy and principles of physical therapy; patient communications, recordkeeping, and reimbursement issues; general supervision and business practices; pedagogical methodologies or other topics which contribute to the professional practice of physical therapy; or 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.

 

Acceptable courses of learning are 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.  Other acceptable education activities include: (1) preparing and teaching a course offered by a sponsor of continuing education 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; (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; (3) making a technical presentation at a professional conference sponsored by an organization that is a sponsor of continuing education, provided that the presentation shall not be acceptable where the licensee has presented on the topic on more than one occasion without presenting new or revised material; (4) achieving specialty certification from an entity acceptable to the department; (5) completing a self-study program; (6) authoring an article published in a peer-reviewed journal or a published book; and (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. 

             

The proposed amendment also establishes continuing education requirements when there is a lapse in practice, requirements for licensees under conditional registration, and standards for the approval of sponsors.  The proposed regulation is modeled after similar mandatory continuing education requirements for pharmacists and chiropractors, for whom continuing education requirements have been in place since 1997 and 2004, respectively.

 

Recommendation

 

N/A

 

Timetable for Implementation

 

If approved by the Board of Regents at its meeting in April 2009, the effective date of the proposed amendment will be May 14, 2009.

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

            Pursuant to sections 207, 212, 6504, 6507 and 6742-a of the Education Law and Chapter 207 of the Laws of 2008.

            Section 77.10 of the Regulations of the Commissioner of Education is added, effective May 14, 2009, to read as follows:

              §77.10 Continuing education for physical therapists and physical therapist assistants. 

(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 certified 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 certified physical therapist assistant in New York State; and

              (b)  licensed physical therapists or certified 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 certified 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 certified 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 certified 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 sections 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 certified 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.