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

 

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
COMMITTEE:	Higher Education and Professional Practice
TITLE OF ITEM:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to Mandatory Continuing Education for Chiropractors
DATE OF SUBMISSION:	January 28, 2004
PROPOSED HANDLING:	Approval (Consent Agenda)
RATIONALE FOR ITEM:	To Implement Statute
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY:

 

Attached for approval is a proposed amendment to the Regulations of the Commissioner of Education to add a new section 73.5, relating to mandatory continuing education requirements for chiropractors.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

The purpose of the proposed amendment is to establish continuing education requirements and standards that licensed chiropractors must meet to be registered to practice in New York State and requirements for the approval of sponsors of such continuing education.  The measure implements the requirements of section 6554-a of the Education Law, as added by Chapter 269 of the Laws of 2003.

 

Section 6554-a of the Education Law requires the new regulation to prescribe subjects for the continuing education that are approved by an accredited chiropractic college.  The proposed amendment was developed through extensive consultation with the State Board for Chiropractic, professional associations that represent this profession, and chiropractic colleges, and the subjects listed in the regulation were developed through this consultation process.  On December 10, 2003, the President of New York Chiropractic College, an accredited chiropractic college, wrote that the subjects are consistent with those subjects considered acceptable formal chiropractic continuing education as taught by the New York Chiropractic College.

The proposed amendment was discussed at the December 2003 meeting of the Board of Regents.  A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on December 10, 2003. 

 

          I recommend that the Board of Regents take the following action:

 

VOTED: That section 73.5 of the Regulations of the Commissioner of Education be added, as submitted, effective March 18, 2004.

 

 

 

 

Attachment

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 212, 6502, 6504, 6507, 6508, 6554-a of the Education Law, and Chapter 269 of the Laws of 2003

Section 73.5 of the Regulations of the Commissioner of Education is added, effective March 18, 2004, as follows:

73.5 Continuing education for chiropractors.

(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.

(3) National chiropractic professional organization means an organization that has as its mission the promoting of the practice of chiropractic and the fostering of good practice in this profession in the nation as a whole and/or a region of the nation.

(4) New York State chiropractic professional organization means an organization that is incorporated or otherwise organized in New York State and that has as its mission the promoting of the practice of chiropractic and the fostering of good practice in this profession in the State of New York as a whole and/or a region of the State of New York.

(5) Self-instructional coursework means 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.

(b) Applicability of requirements.

(1) Each licensed chiropractor, required under Article 132 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 chiropractic in New York State, except those first licensed to practice chiropractic in New York State pursuant to an endorsement of a license of another jurisdiction; and

(b) licensees who are not engaged in the practice of chiropractic, 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 requirements. 

(i) During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete 36 hours of acceptable formal continuing education as defined in paragraph (2) of this subdivision, provided that no more than 12 hours of such continuing education shall consist of self-instructional coursework.    Any licensed chiropractor whose first registration date following January 1, 2004 occurs less than three years from that date, but on or after March 18, 2004, 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, 2004 up to the first registration date thereafter.  Such continuing education shall be completed during the period beginning January 1, 2004 and ending before the first day of the new registration period or at the option of the licensee, during anytime in the previous registration period.  During each registration period, the licensee shall complete a distribution of hours of acceptable formal continuing education in subjects, as prescribed in paragraph (2) of this subdivision.

(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, formal continuing education shall meet the requirements of subparagraphs (i) and (ii) of this paragraph.

(i) Subjects.  The formal continuing education shall be in the subjects prescribed in this subparagraph.   

(a) Subjects that are specifically designed solely to maximize the profits of a chiropractic practice shall be excluded as acceptable formal continuing education. 

(b) The formal continuing education shall be in professional and clinical skills in accordance with the practice of chiropractic as defined in section 6551 of the Education Law.  Such subjects may include but shall not be limited to: chiropractic technique, diagnosis, clinical interventions/evidence-based models, neurological testing, philosophy and principles of chiropractic, basic and clinical sciences and other sciences related to chiropractic practice, patient communications, recordkeeping, and matters of law and/or ethics which contribute to professional practice in chiropractic and the health and safety, and/or welfare of the public.

(c) If ten or more hours are required to be completed during a registration period, the licensee shall complete at least one-third of the continuing education hour requirement in one or more of the following subjects: patient communications, recordkeeping, and/or matters of law and/or ethics which contribute to professional practice in chiropractic and the health and safety, and/or welfare of the public.

(d) If nine or fewer hours are required to be completed during a registration period, the licensee shall complete coursework in any subject authorized in clause (b) of this subparagraph.

(e) All subject topics must be comparable to subject topics taught in professional education programs in chiropractic offered by higher education institutions that are accredited by the Council on Chiropractic Education. 

(ii) Approved sponsors.  The continuing education shall be offered by a sponsor that meets the requirements and is approved by the department pursuant to subdivision (i) of this section.  

(d) Renewal of registration.  At each re-registration, licensed chiropractors 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 chiropractic 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 January 1, 2004 occurs less than three years from January 1, 2004, but on or after March 18, 2004, shall be required to complete:

(i) at least one hour of acceptable continuing education for each month beginning with January 1, 2004 until the beginning of the new registration period, which shall be completed for a licensee who has not lawfully practiced chiropractic 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 chiropractic 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 registration period; and

(ii) for a licensee who has not lawfully practiced chiropractic 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 chiropractic continuously in another jurisdiction throughout such lapse period, the regular continuing education requirement during the new registration period.

(2) Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice of chiropractic after a lapse in practice in which the licensee was not registered to practice in New York State and did not lawfully practice chiropractic 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 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 subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice of chiropractic after a lapse in practice in which the licensee was not registered to practice in New York State but did lawfully practice chiropractic 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 chiropractic services consistent with the licensee’s practice of chiropractic.

(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, subject of the continuing education, the number of hours completed, the sponsor’s name and any identifying number, attendance verification if a course, participation verification if self-instructional coursework, 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.

(i) Sponsor approval.

(1) Sponsors of continuing education to licensed chiropractors must be a New York State chiropractic professional organization, a national chiropractic professional organization, or a higher education institution, as such entities are defined in subdivision (a) of this section. 

(2) In addition to being an entity prescribed in paragraph (1) of this subdivision, to be approved by the department, sponsors of continuing education to licensed chiropractors shall meet the requirements of paragraph (4) of this subdivision after a review by the department, unless the sponsor is deemed approved pursuant to paragraph (3) of this subdivision.

(3) The department shall deem approved as a sponsor of continuing education to licensed chiropractors a higher education institution that offers programs that are registered pursuant to Part 52 of this Title as leading to licensure in chiropractic or a higher education institution that offers equivalent professional education programs in chiropractic and is accredited by the Council on Chiropractic Education or another acceptable accrediting agency that accredits chiropractic colleges.  A higher education institution may also be approved to offer continuing education based upon a department review, pursuant to paragraph (4) of this subdivision. 

(4) Department review of sponsors.

(i) The department shall conduct a review of sponsors that are not deemed

approved pursuant to the requirements of subsection (3) of this subdivision that apply for approval to offer continuing education to licensed chiropractors.

(ii) Organizations desiring to offer continuing education based upon a department review under this paragraph shall be an entity prescribed in paragraph (1) of this subdivision, and 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 that meet the subject matter requirements prescribed for acceptable continuing education in subparagraph (c)(2)(i) of this section;

(b) provides course instructors who are qualified to teach the courses which

 will be offered, including but not limited to, faculty of a college of chiropractic accredited by an acceptable accrediting agency; or instructors who are specially qualified authorities in chiropractic, as determined by the department with assistance from the State Board for Chiropractic, to conduct such courses;

(c) has a method of assessing the learning of participants, and describes such method,  provided that, in accordance with section 6554-a(1)(d) of the Education Law, nothing in this section shall be construed as requiring continuing competency testing or continuing competency certification for chiropractors; and

(d) 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 chiropractors in the course if a course, a record of participation of licensed chiropractors 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 chiropractic in New York State, except for those exempt from the requirement pursuant to subparagraph (b)(2)(i) of this section.  This fee shall be in addition to the registration fee required by section 6554 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, the fee for the triennial registration required by section 6554 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 chiropractors based upon a department review, pursuant to paragraph (i)(4) 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 application for a three-year renewal of the permit.

 

PROPOSED PROMULGATION OF SECTION 73.5 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 212, 6502, 6504, 6507, 6508, AND 6554-a OF THE EDUCATION LAW AND CHAPTER 269 OF THE LAWS OF 2003 RELATING TO MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR CHIROPRACTORS

ASSESSMENT OF ISSUES RAISED BY PUBLIC COMMENT

          The proposed rule was published in the State Register on December 10, 2003.  Below is a summary of written comments received by the State Education Department concerning the proposed rule making and the Department’s assessment of issues raised by the comments.         

          COMMENT: The President of New York Chiropractic College wrote that the subjects listed in the regulations for acceptable formal continuing education are consistent with those subjects considered acceptable formal chiropractic continuing education as taught by the New York Chiropractic College.

RESPONSE:    The proposed amendment was developed through extensive consultation with the State Board for Chiropractic, professional associations that represent this profession, and chiropractic colleges, and the subjects listed in the regulation were developed through this consultation process.  Section 6554-a of the Education Law requires the new regulation to prescribe subjects for the continuing education that are approved by an accredited chiropractic college, and the comment from the New York College of Chiropractic, an accredited chiropractic college, confirms that the subjects listed in the regulation have been approved by an accredited chiropractic college.