S T A T E O F N E W Y O R K
________________________________________________________________________
4820
2015-2016 Regular Sessions
I N S E N A T E
April 20, 2015
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Introduced by Sens. LAVALLE, LARKIN -- read twice and ordered printed,
and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to licensing of genetic
counselors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new article 142
2 to read as follows:
3 ARTICLE 142
4 GENETIC COUNSELING
5 SECTION 7050. INTRODUCTION.
6 7051. DEFINITIONS.
7 7052. PRACTICE OF GENETIC COUNSELING AND USE OF THE TITLE
8 "GENETIC COUNSELOR".
9 7053. STATE COMMITTEE FOR GENETIC COUNSELING.
10 7054. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
11 7055. EXEMPT PERSONS.
12 7056. LIMITED PERMITS.
13 7057. SPECIAL PROVISION.
14 7058. BOUNDARIES OF PROFESSIONAL PRACTICE.
15 7059. MANDATORY CONTINUING EDUCATION.
16 S 7050. INTRODUCTION. THIS ARTICLE APPLIES TO THE LICENSING OF GENETIC
17 COUNSELORS. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
18 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
19 S 7051. DEFINITIONS. AS USED IN THIS ARTICLE:
20 1. THE TERM "GENETIC COUNSELOR" SHALL MEAN A HEALTH PROFESSIONAL WHO
21 IS ACADEMICALLY AND CLINICALLY PREPARED TO PROVIDE GENETIC COUNSELING
22 SERVICES TO INDIVIDUALS AND FAMILIES SEEKING INFORMATION ABOUT THE
23 OCCURRENCE, RISK OF OCCURRENCE OR RECURRENCE, OF GENETIC/MEDICAL CONDI-
24 TIONS AND DISEASES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03054-01-5
S. 4820 2
1 2. THE TERM "LICENSED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
2 LOR LICENSED PURSUANT TO THIS ARTICLE.
3 3. THE TERM "CERTIFIED GENETIC COUNSELOR" SHALL MEAN A GENETIC COUNSE-
4 LOR WITH A MASTER'S OR DOCTORAL DEGREE IN GENETIC COUNSELING FROM AN
5 ACCREDITED GENETIC COUNSELING PROGRAM OR EQUIVALENT AND WHO HAS PASSED
6 THE CERTIFICATION EXAMINATION IN GENETIC COUNSELING ACCEPTABLE TO THE
7 DEPARTMENT.
8 S 7052. PRACTICE OF GENETIC COUNSELING AND USE OF THE TITLE "GENETIC
9 COUNSELOR". 1. THE "PRACTICE OF GENETIC COUNSELING" SHALL MEAN THE
10 COMMUNICATION TO AND EDUCATION OF CLIENTS, THEIR FAMILIES, OTHER HEALTH
11 CARE PROFESSIONALS AND THE GENERAL PUBLIC WITH REGARD TO GENETIC TEST-
12 ING, INDIVIDUAL FAMILY HISTORIES, OR OTHER GENETIC, MEDICAL, AND TECHNI-
13 CAL INFORMATION ASSOCIATED WITH THE OCCURRENCE, RISK OF OCCURRENCE OR
14 RECURRENCE, OF A GENETIC OR HEREDITARY CONDITION OR BIRTH DEFECT. A
15 PRACTITIONER OF GENETIC COUNSELING SHALL SEEK TO PROMOTE DECISION-MAKING
16 FOR THEIR CLIENT WHICH RESPECTS THE CLIENT'S CULTURE, LANGUAGE, TRADI-
17 TION, LIFESTYLE, RELIGION, BELIEFS AND VALUES. GENETIC COUNSELING SHALL
18 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
19 (A) OBTAIN AND EVALUATE INDIVIDUAL, FAMILY, AND MEDICAL HISTORIES TO
20 DETERMINE GENETIC RISK FOR GENETIC/MEDICAL CONDITIONS AND DISEASES IN A
21 PATIENT, HIS OR HER OFFSPRING, AND OTHER FAMILY MEMBERS;
22 (B) DISCUSS THE FEATURES, NATURAL HISTORY, MEANS OF DIAGNOSIS, GENETIC
23 AND ENVIRONMENTAL FACTORS, AND MANAGEMENT OF RISK FOR GENETIC/MEDICAL
24 CONDITIONS AND DISEASES;
25 (C) IDENTIFY AND COORDINATE GENETIC LABORATORY TESTS AND OTHER DIAG-
26 NOSTIC STUDIES AS APPROPRIATE FOR THE GENETIC ASSESSMENT;
27 (D) INTEGRATE GENETIC LABORATORY TEST RESULTS AND OTHER DIAGNOSTIC
28 STUDIES WITH PERSONAL AND FAMILY MEDICAL HISTORY TO ASSESS AND COMMUNI-
29 CATE RISK FACTORS FOR GENETIC/MEDICAL CONDITIONS AND DISEASES;
30 (E) EXPLAIN THE CLINICAL IMPLICATIONS OF GENETIC LABORATORY TESTS AND
31 OTHER DIAGNOSTIC STUDIES AND THEIR RESULTS;
32 (F) EVALUATE THE CLIENT'S OR FAMILY'S RESPONSES TO THE CONDITION OR
33 RISK OF RECURRENCE AND PROVIDE CLIENT-CENTERED COUNSELING AND ANTICIPA-
34 TORY GUIDANCE;
35 (G) IDENTIFY AND UTILIZE COMMUNITY RESOURCES THAT PROVIDE MEDICAL,
36 EDUCATIONAL, FINANCIAL, AND PSYCHOSOCIAL SUPPORT AND ADVOCACY; AND
37 (H) PROVIDE WRITTEN DOCUMENTATION OF MEDICAL, GENETIC, AND COUNSELING
38 INFORMATION FOR PATIENTS AND HEALTH CARE PROFESSIONALS.
39 2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE A LICENSED
40 GENETIC COUNSELOR TO DIAGNOSE OR TREAT ANY GENETIC DISEASE OR MEDICAL
41 CONDITION.
42 3. IF IN THE COURSE OF PROVIDING GENETIC COUNSELING TO ANY PATIENT, A
43 GENETIC COUNSELOR FINDS ANY INDICATION OF DISEASE OR CONDITION THAT
44 REQUIRES MEDICAL ASSESSMENT, THE GENETIC COUNSELOR SHALL REFER THAT
45 PATIENT TO A LICENSED PHYSICIAN.
46 4. ONLY A PERSON LICENSED, OR WITH A LIMITED PERMIT OR EXEMPT UNDER
47 THIS ARTICLE SHALL PRACTICE GENETIC COUNSELING. ONLY A PERSON LICENSED
48 OR HOLDING A LIMITED PERMIT UNDER THIS ARTICLE SHALL USE THE TITLE
49 "LICENSED GENETIC COUNSELOR" AND USE THE LETTERS "L.G.C." AFTER HIS OR
50 HER NAME. ANY PERSON WHO DOES NOT HAVE A VALID LICENSE OR LIMITED PERMIT
51 AS A GENETIC COUNSELOR SHALL NOT USE IN CONNECTION WITH HIS OR HER NAME
52 OR PLACE OF BUSINESS THE TITLE "GENETIC COUNSELOR", "LICENSED GENETIC
53 COUNSELOR", "GENE COUNSELOR", "GENOMIC COUNSELOR", "GENETIC ASSOCIATE",
54 OR ANY WORDS OR LETTERS, ABBREVIATIONS OR INSIGNIA INDICATING OR IMPLY-
55 ING THAT A PERSON HAS MET THE QUALIFICATIONS FOR OR HAS THE LICENSE
56 ISSUED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
S. 4820 3
1 S 7053. STATE COMMITTEE FOR GENETIC COUNSELING. 1. A STATE COMMITTEE
2 FOR GENETIC COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON
3 THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF
4 LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
5 HUNDRED EIGHT OF THIS TITLE. NOTWITHSTANDING THE PROVISIONS OF SECTION
6 SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE, THE COMMITTEE SHALL ASSIST THE
7 BOARD FOR MEDICINE SOLELY IN GENETIC COUNSELING MATTERS. MEMBERS OF THE
8 FIRST COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO SUCH
9 COMMITTEE. THE TERMS OF THE FIRST APPOINTED MEMBERS SHALL BE STAGGERED
10 SO THAT TWO MEMBERS ARE APPOINTED FOR THREE YEARS, THREE MEMBERS ARE
11 APPOINTED FOR FOUR YEARS AND TWO MEMBERS ARE APPOINTED FOR FIVE YEARS.
12 AN EXECUTIVE SECRETARY TO THE COMMITTEE SHALL BE APPOINTED BY THE BOARD
13 OF REGENTS ON THE RECOMMENDATION OF THE COMMISSIONER.
14 2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
15 THE FOLLOWING:
16 (A) FIVE LICENSED GENETIC COUNSELORS,
17 (B) ONE LICENSED PHYSICIAN, AND
18 (C) A REPRESENTATIVE OF THE PUBLIC AT LARGE WHO IS NOT INVOLVED IN THE
19 ORGANIZATION, FINANCING OR DELIVERY OF THE PROFESSION.
20 3. COMMITTEE MEMBERS SHALL BE APPOINTED FOR TERMS OF FIVE YEARS.
21 S 7054. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
22 LICENSE AS A "LICENSED GENETIC COUNSELOR", AN APPLICANT SHALL FULFILL
23 THE FOLLOWING REQUIREMENTS:
24 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
25 2. EDUCATION: HAVE RECEIVED A MASTER'S OR DOCTORAL DEGREE IN GENETIC
26 COUNSELING FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR DETERMINED BY
27 THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, IN ACCORDANCE WITH THE
28 COMMISSIONER'S REGULATIONS. APPROPRIATE COURSEWORK SHALL BE DETERMINED
29 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS ON RECOMMENDATIONS OF
30 THE STATE COMMITTEE FOR GENETIC COUNSELING;
31 3. EXPERIENCE: EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
32 4. EXAMINATION: PASS A GENETIC COUNSELING EXAMINATION SATISFACTORY TO
33 THE COMMITTEE AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
34 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
35 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
36 MENT;
37 7. FEES: PAY A FEE OF THREE HUNDRED DOLLARS TO THE DEPARTMENT FOR AN
38 INITIAL LICENSE AND TWO HUNDRED DOLLARS FOR EACH SUBSEQUENT TRIENNIAL
39 RE-REGISTRATION OF A LICENSE.
40 S 7055. EXEMPT PERSONS. THIS ARTICLE DOES NOT PROHIBIT THE PRACTICE OF
41 GENETIC COUNSELING BY LICENSED PHYSICIANS OR OTHER LICENSED PROFES-
42 SIONALS PURSUANT TO TITLE EIGHT OF THIS CHAPTER TO OPERATE WITHIN THE
43 SCOPE OF THEIR PROFESSION'S LICENSE. SUCH EXEMPT PERSONS ARE PROHIBITED
44 FROM USING THE TITLE "GENETIC COUNSELOR" OR "LICENSED GENETIC COUNSELOR"
45 AS PROVIDED FOR IN THIS ARTICLE. THE FOLLOWING INDIVIDUALS MAY ENGAGE
46 IN THE PRACTICE OF GENETIC COUNSELING WITHOUT BEING LICENSED UNDER THIS
47 ARTICLE:
48 1. A LICENSED HEALTH CARE PROFESSIONAL PRACTICING WITHIN THE PROFES-
49 SIONAL'S SCOPE OF PRACTICE;
50 2. A STUDENT OR INTERN ENROLLED IN AN APPROVED ACADEMIC PROGRAM
51 ENGAGED IN ACTIVITIES CONSTITUTING THE PRACTICE OF A REGULATED OCCUPA-
52 TION OR PROFESSION; PROVIDED, HOWEVER, SUCH ACTIVITIES SHALL BE PART OF
53 A SUPERVISED TRAINING PROGRAM;
54 3. AN EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH IN THE PROVISION OF
55 EDUCATION REGARDING SINGLE GENE CONDITIONS, INCLUDING SICKLE CELL,
56 CYSTIC FIBROSIS, AND HEMOGLOBINOPATHIES;
S. 4820 4
1 4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING SERVICES
2 PROVIDED BY AN ATTORNEY, RAPE CRISIS COUNSELOR, OR CLERGY MEMBER WORKING
3 WITHIN HIS OR HER MINISTERIAL CHARGE OF OBLIGATION, PROVIDED SUCH
4 SERVICES ARE NOT WITHIN THE SCOPE OF PRACTICE FOR GENETIC COUNSELING.
5 S 7056. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
6 AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
7 AS FOLLOWS:
8 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
9 ALL QUALIFICATIONS FOR LICENSURE AS A GENETIC COUNSELOR, EXCEPT THOSE
10 RELATING TO THE EXAMINATION.
11 2. LIMITED PERMITS SHALL BE FOR ONE YEAR. LIMITED PERMITS MAY BE
12 RE-REGISTERED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL
13 YEAR.
14 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RE-REGISTRATION SHALL
15 BE SEVENTY DOLLARS.
16 S 7057. SPECIAL PROVISION. ANY PERSON WHO POSSESSES A MASTER'S OR
17 DOCTORAL DEGREE OF GENETIC COUNSELING SATISFACTORY TO THE DEPARTMENT, ON
18 THE EFFECTIVE DATE OF THIS SECTION, WHO HAS FIFTEEN YEARS POST-GRADUATE
19 GENETIC COUNSELOR EMPLOYMENT AND MEETS THE REQUIREMENTS FOR A LICENSE
20 PURSUANT TO THIS ARTICLE, EXCEPT FOR EXAMINATION, AND WHO FILES WITH THE
21 DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION SHALL
22 BE LICENSED AS A LICENSED GENETIC COUNSELOR.
23 S 7058. BOUNDARIES OF PROFESSIONAL PRACTICE. ANY INDIVIDUAL WHOSE
24 LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM THE PROVISIONS OF THIS
25 ARTICLE SHALL BE PROHIBITED FROM:
26 1. PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS
27 A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR
28 HER PROFESSION;
29 2. USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
30 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
31 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
32 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
33 MEANS. INVASIVE PROCEDURE INCLUDES SURGERY, LASERS, IONIZING RADIATION,
34 THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY; OR
35 3. PROVIDING PSYCHOTHERAPY OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED
36 GENETIC COUNSELOR.
37 S 7059. MANDATORY CONTINUING EDUCATION. 1. A. EACH LICENSED GENETIC
38 COUNSELOR REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE
39 DEPARTMENT TO PRACTICE IN THE STATE, SHALL COMPLY WITH PROVISIONS OF THE
40 MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION
41 TWO OF THIS SECTION EXCEPT AS SET FORTH IN PARAGRAPHS B AND C OF THIS
42 SUBDIVISION. LICENSED GENETIC COUNSELORS WHO DO NOT SATISFY THE MANDATO-
43 RY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE
44 MET SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIF-
45 ICATE, EXCEPT THAT A LICENSED GENETIC COUNSELOR MAY PRACTICE WITHOUT
46 HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
47 TRATION CERTIFICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
48 B. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDA-
49 TORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT
50 FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFES-
51 SIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED
52 STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY
53 PREVENT COMPLIANCE.
54 C. A LICENSED GENETIC COUNSELOR NOT ENGAGED IN PRACTICE AS DETERMINED
55 BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCA-
56 TION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT
S. 4820 5
1 DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF
2 GENETIC COUNSELING DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
3 THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH
4 MANDATORY EDUCATION REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS
5 OF THE COMMISSIONER.
6 2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
7 TRATION AS A LICENSED GENETIC COUNSELOR SHALL COMPLETE A MINIMUM OF
8 FORTY-FIVE HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION. ANY LICENSED
9 GENETIC COUNSELOR WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE
10 DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
11 DATE, SHALL COMPLETE CONTINUING EDUCATION HOURS ON A PRORATED BASIS. A
12 LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION
13 REQUIREMENT SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
14 THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
15 REGISTRATION IS ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS
16 SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT
17 BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
18 3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
19 TRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
20 REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION BUT WHO
21 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
22 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
23 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
24 NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
25 BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY
26 LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
27 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
28 EDUCATION AND WHO PRACTICES GENETIC COUNSELING WITHOUT SUCH REGISTRA-
29 TION, MAY BE SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION
30 SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
31 4. FOR THE PURPOSES OF THIS SECTION, "ACCEPTABLE FORMAL CONTINUING
32 EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO
33 PROFESSIONAL PRACTICE IN GENETIC COUNSELING AND WHICH MEET THE STANDARDS
34 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY, IN
35 ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF
36 THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING EDUCATION COURSES IN
37 SPECIFIC SUBJECTS. TO FULFILL THIS MANDATORY CONTINUING EDUCATION
38 REQUIREMENT, COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE
39 DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
40 5. LICENSED GENETIC COUNSELORS SHALL MAINTAIN ADEQUATE DOCUMENTATION
41 OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
42 PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO
43 PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE
44 AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
45 SECTION SIXTY-FIVE HUNDRED TEN OF THIS CHAPTER.
46 THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
47 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
48 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
49 FEE REQUIRED BY SECTION SIXTY-EIGHT HUNDRED FIVE OF THIS ARTICLE.
50 S 2. Severability. If any clause, sentence, paragraph, section or part
51 of this act shall be adjudged by any court of competent jurisdiction to
52 be invalid and after exhaustion of all further judicial review, the
53 judgment shall not affect, impair or invalidate the remainder thereof,
54 but shall be confined in its operation to the clause, sentence, para-
55 graph, section or part of this act directly involved in the controversy
56 in which the judgment shall have been rendered.
S. 4820 6
1 S 3. This act shall take effect eighteen months after it shall have
2 become a law; provided, however, that the state education department is
3 authorized to promulgate any and all rules and regulations and take any
4 other measure necessary to implement this act on or before its effective
5 date, and provided further that section 7059 of article 142 of the
6 education law, as added by section one of this act shall take effect
7 three years after the effective date of this act.