NY Proposes Rules for CE Requirements – Comment Now

NY Update on Continuing Education Requirements

Senate Bill 5431 was signed into law on August 30, 2010. Beginning January 1, 2012, the law requires massage therapists to complete 36 hours of continuing education (CE) during each triennial registration period. The State Department of Education (Department), Office of the Professions, with input from the State Board of Massage Therapy, has proposed rules regarding the implementation of the new continuing education requirements. The proposal was published on June 29, 2011.

Anyone wishing to comment on the proposal has 45 days from that date to do so. Read the entire proposal here, or see the summary below. ABMP encourages you to send any comments regarding the proposed rules by email to legal@mail.nysed.gov. See our recommended format at the bottom of this correspondence.

The numbers

Thirty-six hours (36) will be required every three year renewal cycle, except for the first triennial registration period for which they are licensed.

Twelve (12) of the thirty-six hours may be “self-instruction.” Six of the twelve hours of self-instruction can be on-line.

A LMT whose first registration date following January 1, 2012 occurs less than 3 years from that date, will complete CE hours on a prorated basis (1 hour per month).

Examples: If your renewal date is September 2012, you would have to complete 9 hours of CE after January 1, 2012, and before September 2012.

If your renewal date is July 2013, you would have to complete 19 hours of CE after January 1, 2012, and before July 2013.

The Department will have the authority to adjust the CE requirement for licensees who demonstrate good cause for not completing the requirements. For example: extended active military service, poor health or a specific physical or mental disability.

Each licensee will be required to pay a CE fee of $45 in addition to his or her state renewal.

ABMP’s view: Unfortunately, there is no way to lower the required 36 hours because the law stipulated that number. ABMP has encouraged the Department to further define “self-instruction” and to increase the number of CE hours that can be completed on-line. We also discouraged the Department from imposing the $45 fee on licensees. Licensees will already have the cost of the actual CE courses to contend with and should not have to pay an additional fee. CE providers will be required to pay a $900 fee in order to become approved; that fee should be more than sufficient to cover the additional administrative costs to the Department.

Acceptable CE

Acceptable CE will be coursework that contributes to the professional practice of massage therapy. Any coursework including the practical application of modalities or techniques will only be accepted if they are legally authorized to be practiced within the scope of practice of massage therapy. This means that techniques exempt from massage licensing won’t count toward your state mandated CE; for example, reiki, Alexander Technique, and Feldenkrais.
Acceptable courses include, but aren’t limited to:

Courses that include other types of massage and bodywork modalities and techniques.
Courses related to specific physical conditions, such as cancer.
 Subjects that are fundamental to the practice of the profession will also be accepted, such as pathology, anatomy, physiology, and neurology.
Courses related to the activities and skills needed for practice will be accepted, for example intake procedures, treatment planning, first aid, CPR, communication, and recordkeeping.
Courses related to the principles of massage therapy.
Subjects related to health care, laws and regulations, standards of practice, ethics.

ABMP is supportive of the broad acceptance of subject matter.

CE provider/sponsor

National massage therapy organizations, NY state massage therapy organizations, national organizations of jurisdictional boards, international massage therapy conferences, entities defined in the Public Health Law, and higher education institutions will be deemed acceptable providers of CE. The department will conduct a review of other sponsors that apply.

CE providers of didactic instruction may be provided by persons who are not NY State licensed as long as the practical demonstration of such modalities or techniques are done by a NY licensed massage therapist.

An organization seeking approval to offer CE will submit an application and $900 fee; renewable in 3 years.

ABMP’s view: Unfortunately most of this section is in the law, including the fee to become approved, and cannot changed. ABMP is supportive of the organizations the Department has listed and deems acceptable providers.

Recommended format for comments

To: State Education Department, Office of Professions

From: Your name, address, and state license number (or school name)

RE: Proposed Rules regarding CE for massage therapists (this should also be the subject line of your email)

List your comments and concerns. Be concise and to the point.

State: