Section 6554-A. Mandatory continuing education for chiropractors

1. (a)
  Each  chiropractor  licensed  pursuant  to  this  article,  required  to
  register  triennially  with  the  department  to practice in this state,
  shall comply with the provisions of the mandatory  continuing  education
  requirements,  except  as  set  forth  in paragraphs (b) and (c) of this
  subdivision.  Chiropractors who do not satisfy the mandatory  continuing
  education  requirements  shall  not  practice  until  they have met such
  requirements  and  have  been  issued  a  registration  or   conditional
  registration certificate.
    (b)  Chiropractors  shall  be  exempt  from  the  mandatory continuing
  education requirement for the triennial registration period during which
  they are first licensed. In accordance with the intent of this  section,
  adjustments  to  the  mandatory  continuing education requirement may be
  granted by the  department  for  reasons  of  health,  certified  by  an
  appropriate  health care professional, for extended active duty with the
  armed forces of the United States, or for other good cause acceptable to
  the department which may prevent compliance.
    (c) A licensed chiropractor not engaged in chiropractic practice as an
  individual practitioner, a partner or a partnership, a shareholder of  a
  professional service corporation, as an employee of such practice units,
  or   as  an  employee  of  a  facility  operating  pursuant  to  article
  twenty-eight of the public health law, or as otherwise determined by the
  department, shall be exempt  from  the  mandatory  continuing  education
  requirement upon the filing of a statement with the department declaring
  such  status.  Any  licensee  who  returns  to  the  public  practice of
  chiropractic during the triennial registration period shall  notify  the
  department  prior  to  reentering  the  profession  and  shall meet such
  mandatory continuing education requirements as shall be  promulgated  by
  regulation of the commissioner in consultation with the board.
    (d)  Nothing  in  this  section  shall  be  construed  as  enabling or
  authorizing the department or state board for chiropractic to require or
  implement  continuing  competency  testing   or   continued   competency
  certification for chiropractors.
    2.   During  each  triennial  registration  period  an  applicant  for
  registration  shall  complete  thirty-six  hours  of  acceptable  formal
  continuing  education,  a  maximum  of  twelve  hours  of  which  may be
  self-instructional  coursework  as  approved  by   the   department   in
  consultation  with  the board. Any chiropractor whose first registration
  date following the effective date of this section occurs less than three
  years from such effective date, but  on  or  after  January  first,  two
  thousand  four,  shall complete continuing education hours on a prorated
  basis at the rate of one hour per month for the period beginning January
  first, two thousand four up to the first registration date thereafter. A
  licensee who  has  not  satisfied  the  mandatory  continuing  education
  requirements shall not be issued a triennial registration certificate by
  the  department  and  shall  not practice unless and until a conditional
  registration certificate is issued as provided in subdivision  three  of
  this  section.  The individual licensee shall determine the selection of
  courses or programs of  study  pursuant  to  subdivision  four  of  this
  section.  Continuing  education hours taken during one triennium may not
  be carried over or otherwise credited or  transferred  to  a  subsequent
  triennium.
    3.  The  department,  in  its  discretion,  may  issue  a  conditional
  registration to a licensee who fails to meet  the  continuing  education
  requirements  established  in  subdivision  two  of this section but who
  agrees to make up any deficiencies and  take  any  additional  education
  which  the  department  may  require.  The  fee  for  such a conditional
  registration shall be the same as, and in addition to, the fee  for  the

  triennial  registration.  The  duration of such conditional registration
  shall be determined by the department but shall not exceed one year. Any
  licensee who is notified of the denial of registration  for  failure  to
  complete  the required continued education and who continues to practice
  chiropractic without such registration may be  subject  to  disciplinary
  proceedings pursuant to section sixty-five hundred ten of this title.
    4.  As  used in this section, "acceptable formal continuing education"
  shall mean formal programs of learning which are sponsored or  presented
  by  a  New  York  state chiropractic professional organization, national
  chiropractic   professional   organization   or    higher    educational
  institution,  and which meet the following requirements: contain subject
  matter which contributes to the enhancement of professional and clinical
  skills of the chiropractor and  is  approved  as  acceptable  continuing
  education  by  a  chiropractic  college  recognized by the Commission on
  Accreditation of the Council of Chiropractic Education  to  fulfill  the
  mandatory   continuing  education  requirements,  and  which  meets  the
  standards prescribed by regulations of the commissioner in  consultation
  with   the   board   to   fulfill  the  mandatory  continuing  education
  requirement.
    5. Chiropractors shall certify at each triennial  registration  as  to
  having satisfied the mandatory continuing education requirements of this
  section,   shall   maintain  adequate  documentation  of  completion  of
  acceptable formal continuing education to support such certification and
  shall provide such documentation to the department upon request. Failure
  to provide such documentation upon request of the department shall be an
  act of  misconduct  subject  to  disciplinary  proceedings  pursuant  to
  section sixty-five hundred ten of this title.
    6. The mandatory continuing education fee shall be forty-five dollars,
  shall  be  payable  on  or  before  the  first  day  of  each  triennial
  registration  period,  and  shall  be  in  addition  to  the   triennial
  registration  fee  required  by section sixty-five hundred fifty-four of
  this article.