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Exceptions to the Continuing Competency Requirement

All licensees must meet the New York State continuing competency learning requirements during each 3-year registration period, unless they qualify for an “Exemption” or an “Adjustment” or for a “Conditional Registration”, as described below.

Exemptions

  1. Licensees are exempt from the continuing competency requirements during their first 3-year registration period after being licensed in New York State. However, if a licensee had been licensed as an occupational therapist or occupational therapy assistant in another state before being licensed in New York State, the licensee must meet the continuing competency requirement when they reregister in New York during the first 3-year registration period.
  2. Licensees who have allowed their registrations to lapse and are no longer practicing occupational therapy in New York State are exempt until they resume practice in New York State.

Adjustments

The State Education Department may grant an adjustment to the continuing competency requirement for licensees who can show “good cause” for their non-compliance. This includes:

  • Poor health (certified by a physician);
  • A specific physical or mental disability (certified by an appropriate health care professional);
  • Extended active duty with the Armed Forces of the United States;
  • Other good cause to be determined by the Department.

Conditional Registration

The State Education Department may issue a conditional registration (valid for only 1 year) to a licensee who admits to noncompliance with the continuing competency learning requirements. To be granted a conditional registration, the licensee must agree to:

  • complete the continuing competency hours lacking from the previous registration period during the 1 year conditional registration period; and
  • complete the regular continuing competency hours (12 hours) during the conditional registration period; and,
  • pay a fee that is the same as and in addition to, any applicable fee for the triennial registration required by section 7904 of the Education Law (occupational therapists) or required by Part 76.7 of the Commissioner's Regulations (occupational therapy assistants). In addition, the licensee must pay the $45 (occupational therapists) or $25 (occupational therapy assistants) mandatory continuing education fee.

At the end of the conditional registration year, the licensee provides proof of compliance and pays the full triennial registration fee for the remaining 2 years of the registration period.

Please Note: The State Education Department cannot issue a conditional registration for more than 1 year or renew a conditional registration.

Lapses in Registration to Practice Occupational Therapy

A licensee is not required to renew his or her registration every 3 years if he or she no longer practices occupational therapy in New York State. If the licensee plans to reactivate his or her New York registration after a lapse in registration to practice in New York State, the licensee must complete continuing competency learning activities, as described below.

  • If the licensee was licensed to practice occupational therapy in another state or jurisdiction during the lapse in practice in New York State, the licensee must complete 36 hours of continuing competency learning activities to renew his or her registration.
  • If the licensee was not licensed in another state or jurisdiction, the licensee must complete continuing competency learning activities at the rate of 1 hour per month for each month in which the licensee was not authorized to practice occupational therapy up to an additional 36 continuing competency hours.

Note: The required continuing competency hours must be completed within the 3-year period immediately prior to the new registration period, except that at least 12 hours must be completed within 12 months prior to the new registration period.