New York Update on Continuing Education Requirements

To: ABMP members From: Jean Robinson, Government Relations Director Date: March 31, 2011 RE: NY State Board for Massage Therapy meeting on Monday, March 28, 2011

Governor Paterson signed Senate Bill 5431 into law on August 30, 2010. The law requires massage therapists to complete 36 hours of continuing education (CE) during each triennial registration period. Of this, a maximum of twelve hours may be self-instruction. Licensees will have to complete a prorated number of CE requirements in the first triennial registration period. Licensees could be granted an exemption by the Department for reasons of hardship or military service. The law will be implemented January 1, 2012 and the board has until then to draft regulations outlining what is acceptable continuing education.

On Monday, March 28, 2011, I attended the State Board for Massage Therapy meeting in New York. The board was scheduled to have a detailed discussion regarding the content of acceptable continuing education and develop recommendations for regulations to implement the statutory requirement for continuing education for massage therapists. The meeting was open to the public. Dr. Kathleen Doyle, the board’s Executive Secretary, opened the discussion by reviewing the new law. The law cannot be changed without legislative intervention so the board was encouraged to focus its discussion solely to the content of acceptable formal continuing education. Dr. Doyle provided the board a summary of current requirements adopted by the other regulated professions in New York. Here is what is known so far:

• The New York State Education Department (Department), Office of Professions, already approves continuing education providers in other professions and has a set process in place already. Massage therapy CE providers will apply and follow a similar procedure.
• The application fee for providers will be $900 as stated in law, however, not every CE class will need to be approved by the Department. In many cases the provider could be associated with a CE “sponsor.” For example, there may be an opportunity for an organization to become a CE sponsor. In that case, the organization could pay the fee and become a CE sponsor, then recognize providers who teach courses that will fit the regulations in New York.
• If a CE provider is not a NY state licensed massage therapist, the provider can teach the course but will have to hire an assistant who is a NY LMT to provide the hands-on portion of the course (if any). Many states have an exemption for teachers who are in the state solely for the purposes of educational instruction and demonstration to an audience; New York does not have this exemption.
• The Department has not yet determined whether schools will have to also become approved CE providers.
• Any spa that provides CE to its employees would need to become an approved CE provider in order for the course to be recognized by the state and be counted toward the 36 hours.
• The law requires 36 hours of CE in a three-year renewal cycle, of which only 12 hours may be “self-instruction” course work. Dr. Doyle explained that on-line CE courses are not necessarily considered self-instruction; it depends how the course is conducted. Self-study is defined more loosely as things you do on your own such as conducting research, teaching a course, or publishing an article for a magazine, or even attending a course out of state. The board will further define this area.
• Courses that won’t be approved are courses in practices that are not regulated under massage therapy in New York (Reiki, Feldenkrais, and Alexander Technique for example). Animal massage would also be excluded since massage therapists aren’t allowed to practice animal massage therapy in New York.
• Other courses that won’t be approved deal with insurance billing, computer training, and risk management as it relates to insurance.

ABMP takes a more liberal view of continuing education than New York, as illustrated above. Our preference would be to give NY LMT’s a diverse choice of CE providers and quality courses that are affordable and relevant to their needs. Overall, I was pleased by the discussion and approach of the board in Monday’s meeting. Next steps: The board still has to draft a formal regulation proposal and publish it in the NY State Register and gain approval from the Board of Regents. There will then be a period of 45-60 days for public comment. If no significant changes are needed, the regulations will be approved and implemented January 1, 2012. Beginning in January 2012, LMT’s will have to demonstrate they have completed CE. The amount of CE required for the first triennial period will be pro-rated. Thirty-six hours of CE required in three years time is one hour of CE per month. If your renewal is in August 2012, you will have to demonstrate 8 hours of CE completed. If your renewal is in January 2013, you’ll have to complete 13 hours of CE. If you complete CE courses prior to January 2012 they will not count for your renewal. Only courses completed on or after January 1, 2012 will apply toward meeting the requirement.