PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:
Proposed Action:
Addition of section 78.5 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 6504(not subdivided), 6507(2)(a) and 7807(2); and L. 2010, ch. 463, section 2
Subject:
Massage therapy continuing education.
Purpose:
To implement recently enacted statutory authority requiring continuing education for licensed massage therapists.
Substance of revised rule:
The Commissioner of Education proposes to promulgate regulations, relating to continuing education requirements for the practice of licensed massage therapy. The following is a summary of the substance of the regulations.
Continuing education for the practice of licensed massage therapy
A new section 78.5 is added to the Regulations of the Commissioner of Education to implement continuing education requirements to practice licensed massage therapy, as prescribed pursuant to Education Law § 7807, which was recently enacted pursuant to Chapter 463 of the Laws of 2010 and which will take effect on January 1, 2012. Under new section 78.5 of the Commissioner's regulations, a licensee would be required to complete 36 hours of continuing education per each triennial registration period, excluding the initial registration period, 12 hours of which may be completed through self-instruction. The proposed rule would also provide that a maximum of six hours of 12 hours of self-instruction would be permitted to be completed online if approved by another jurisdiction for formal education in massage therapy.
The proposed rule would describe acceptable formal continuing education and would identify types of learning activities that would be acceptable as continuing education. The proposed rule would also set forth requirements for approval as a sponsor of such continuing education. The proposed rule would also provide limited grounds for a licensee's exemption to these requirements and would provide for a conditional registration, not to exceed a one-year period, in which a licensee may complete the requirements. Additionally, the rule would provide for the pro-ration of the continuing education requirements for individuals whose next registration date will occur after January 1, 2012 but less than three years from such date.
New section 78.5 of the Commissioner's regulations would also provide that massage therapists must maintain adequate documentation verifying that they have met these continuing education requirements. This proposed rule would also require a licensed massage therapist to pay an additional continuing education fee of $45.00. A fee would also be established for entities seeking approval as a sponsor of such continuing education.
Since publication of a Notice of Proposed Rule Making in the State Register on June 29, 2011, the proposed rule has been substantially revised as follows:
The proposed rule was revised to clarify that, in accordance with Education Law § 7807(4), all organizations seeking approval by the Department to offer continuing education to licensed massage therapists would be required to pay an application fee as part of their application to become an approved sponsor of such continuing education. Specifically, section 78.5(j)(3), as added by this rule, would be revised to omit the provision "subject to a Department review, pursuant to paragraph (i)(3) of this section" in order to conform the rule to Education Law § 7807(4) and provide that all organizations applying for a permit to sponsor such continuing education would pay a fee of $900. The aforementioned change does not require any revisions to the Regulatory Impact Statement previously published.
Revised rule compared with proposed rule:
Substantial revisions were made in section 78.5(j)(3).
Text of revised proposed rule and any required statements and analyses may be obtained from
Chris Moore, State Education Department, Office of Counsel, State Education Bldg., Room 148, 89 Washington Avenue, Albany, New York 12234, (518) 474-3862, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Seth Rockmuller, Esq., State Education Department, Office of Professions, State Education Building, 2M, 89 Washington Ave., Albany, New York 12234, (518) 474-1941, email: opdepcom@mail.nysed.gov
Public comment will be received until:
30 days after publication of this notice.
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on June 29, 2011, the proposed rule has been substantially revised as follows:
The proposed rule was revised to clarify that, in accordance with Education Law § 7807(4), all organizations seeking approval by the Department to offer continuing education to licensed massage therapists would be required to pay an application fee as part of their application to become an approved sponsor of such continuing education. Specifically, section 78.5(j)(3), as added by this rule, would be revised to omit the provision "subject to a Department review, pursuant to paragraph (i)(3) of this section" in order to conform the rule to Education Law § 7807(4) and provide that all organizations applying for a permit to sponsor such continuing education would pay a fee of $900. The aforementioned change does not require any revisions to the Regulatory Impact Statement previously published.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on June 29, 2011, the proposed rule has been substantially revised as set forth in the Statement Concerning the Regulatory Impact Statement as submitted herewith.
The proposed rule, as revised, does not regulate small businesses or local governments. Rather, it establishes requirements applicable to individuals who are licensed professionals. Accordingly, a regulatory flexibility statement was not required, and was not previously prepared. The aforementioned change does not require any revision to the Statement in Lieu of a Regulatory Flexibility Analysis previously published.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on June 29, 2011, the proposed rule has been substantially revised as set forth in the Statement Concerning the Regulatory Impact Statement as submitted herewith. The aforementioned change does not require any revisions to the Rural Area Flexibility Analysis previously published.
Revised Job Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on June 29, 2011, the proposed rule has been substantially revised as set forth in the Statement Concerning the Regulatory Impact Statement as submitted herewith.
The proposed rule, as revised, sets forth the mandatory continuing education requirements applicable to individuals engaged in the practice of massage therapy. It establishes continuing education standards in accordance with statutory directives, specifying acceptable continuing education that would meet the statutorily prescribed mandatory continuing education requirements.
The proposed revision will have no effect on the number of jobs and employment opportunities in massage therapy or any other field. Because it is evident from the nature of the proposed rule, as revised, that it will have no impact on jobs and employment opportunities, no further steps were needed to ascertain that fact and none were taken. The aforementioned change does not require any revision to the Statement in Lieu of the Job Impact Statement previously published.
