A new section 79-12.8 is added to the regulations of the Commissioner of Education establishing continuing education requirements for licensed psychoanalysts.

Subdivision (a) of section 79-12.8 defines the terms acceptable accrediting agency, higher education institution, and psychotherapy institute.

Subdivision (b) of section 79-12.8 establishes the applicability of the continuing education requirements and exemptions from, and adjustments to, the requirements.

Paragraph (1) of subdivision (b) of section 79-12.8 states that each licensed psychoanalyst, who is required to register with the New York State Education Department (“Department”) to practice in New York State (“State”), must comply with the mandatory continuing education requirements prescribed in subdivision (c).

Subparagraph (i) of paragraph (2) of subdivision (b) of section 79-12.8 provides an exemption from the requirement for a licensee who is in the triennial registration period during which he or she is first licensed to practice in the State; or a licensee who is not engaged in psychoanalysis practice, as evidenced by not being registered to practice in the State, except as otherwise prescribed in subdivision (e) of section 79-12.8.

Subparagraph (ii) of paragraph (2) of subdivision (b) of section 79-12.8 allows the Department to adjust the requirement for the licensee who documents good cause that prevents compliance, such as poor health or a specific physical or mental disability, or extended active duty with the Armed Forces of the United States, or other good cause beyond the licensee’s control, in the judgment of the Department.

Subdivision (c) of section 79-12.8 establishes the mandatory continuing education requirement. Subparagraph (i) of paragraph (1) of subdivision (c) of section 79-12.8 requires at least 36 hours of continuing education acceptable to the Department for each triennial registration period. Any licensee whose first registration following January 1, 2017, is less than three years from that date will be required to complete one hour of acceptable continuing education per month beginning January 1, 2017 up to the first registration date thereafter. Such continuing education must be completed during the period beginning January 1, 2017 and ending before the first day of the new registration period.

Subparagraph (ii) of paragraph (1) of subdivision (c) of section 79-12.8 sets the continuing education requirement during each registration period of less than three years as one hour for each month in the registration period.

Paragraph (2) of subdivision (c) of section 79-12.8 defines continuing education that is acceptable to the Department. Such continuing education must be in the subjects prescribed in subparagraph (i) of paragraph (2) of subdivision (c) of section 79-12.8 and be the types of learning activities prescribed in subparagraph (ii) of paragraph (2) of subdivision (c) of section 79-12.8, and is subject to the prohibitions contained in subparagraph (iii) of paragraph (2) of subdivision (c) of section 79-12.8.

Subparagraph (i) of paragraph (2) of subdivision (c) of section 79-12.8 defines acceptable continuing education subjects as contributing to professional psychoanalysis practice. Subparagraph (ii) of paragraph (2) of subdivision (c) of section 79-12.8 defines the types of learning activities. Clause (a) of subparagraph (ii) of paragraph (2) of subdivision (c) of section 79-12.8 requires that acceptable courses of learning and other education activities must be taken from a provider who has been approved by the Department, on the basis of an application and fee pursuant to subdivision (i) of section 79-12.8. Formal courses of learning include, but are not limited to, university and college credit and non-credit courses, and professional development programs and technical sessions related to the practice of psychoanalysis. Clause (b) of subparagraph (ii) of paragraph (2) of subdivision (c) of section 79-12.8 defines other acceptable education activities. Clause (c) of subparagraph (ii) of paragraph (2) of subdivision (c) of section 79-12.8 allows the Department, in its discretion and as needed to contribute to the health and welfare of the public, to require the completion of continuing education courses in specific subjects to fulfill this mandatory continuing education requirement.

Subparagraph (iii) of paragraph (2) of subdivision (c) of section 79-12.8 states that any continuing education designed for the sole purpose of personal development, marketing, business practices, and maximizing profits for the psychoanalysis practice of a licensed psychoanalyst will not be considered by the Department as acceptable continuing education, nor will the supervision of a licensee, permit holder, student or intern be considered as acceptable continuing education by the Department.

Subdivision (d) of section 79-12.8 provides that at each re-registration, the licensed psychoanalyst must certify to the Department his or her compliance with the continuing education requirements or that he or she is subject to an exemption or adjustment of the requirements. Paragraph (1) of subdivision (d) of section 79-12.8 prohibits a licensee who has not satisfied the continuing education requirement from practicing until the requirements have been met and a registration certificate issued by the Department, except where a licensee has been issued a conditional registration, as provided for in subdivision (f) of section 79-12.8. Paragraph (2) of subdivision (d) of section 79-12.8 prohibits the transfer of continuing education hours completed during one registration period to the subsequent registration period.

Subdivision (e) of section 79-12.8 prescribes the requirements for a licensee returning to practice as a licensed psychoanalyst after a lapse in practice, as evidenced by not being registered to practice in New York State. A licensee whose first registration date after a lapse in practice occurs less than three years from January 1, 2017 will be required to meet the requirements in paragraph (1) of subdivision (e) of section 79-12.8. Except as prescribed in paragraph (1) of subdivision (e) of section 79-12.8, a licensee returning to practice, who has not practiced lawfully in another jurisdiction throughout the lapse period must complete the requirements in paragraph (2) of subdivision (e) of section 79-12.8. Except as prescribed in paragraph (1) of subdivision (e) of section 79-12.8 a licensee returning to practice, who has practiced lawfully in another jurisdiction throughout the lapse period must complete the requirements in paragraph (3) of subdivision (e) of section 79-12.8.

Paragraph (1) of subdivision (f) of section 79-12.8 authorizes the Department to issue a conditional registration to a licensed psychoanalyst who attests to or admits to noncompliance with the continuing education requirement, provided that the licensee meets the requirements of the paragraph. Paragraph (2) of subdivision (f) of section 79-12.8 states that the duration of a conditional registration will not exceed one year and will not be renewed or extended.

Subdivision (g) of section 79-12.8 requires the licensed psychoanalyst to maintain or ensure access by the Department to records of completed continuing education as specified in that subdivision.

Subdivision (h) of section 79-12.8 provides for the measurement of continuing education study, specifically, that a minimum of 50 minutes of study will equal one hour of continuing education credit and that continuing education credit for other educational activities will be awarded as prescribed by the Department.

Subdivision (i) of section 79-12.8 establishes the requirements for Department approval of continuing education providers.

Paragraph (1) of subdivision (i) of section 79-12.8 states that an entity or individual seeking Department approval as a provider of continuing education to licensed psychoanalysts must submit the fee prescribed in subdivision (j) of section 79-12.8 and meet the requirements of paragraphs (2) and (3) of subdivision (i) of section 79-12.8.

Paragraph (2) of subdivision (i) of section 79-12.8 identifies an entity or individual eligible to apply to be a provider of continuing education to include, but not be limited to: (1) a higher education institution that offers programs that are registered pursuant to Part 52 of the Regulations of the Commissioner of Education as leading to licensure as a licensed psychoanalyst or a higher education institution that is accredited by an acceptable accrediting agency and that offers graduate coursework that is directly related to the enhancement of psychoanalysis practice, skills and knowledge; (2) a psychotherapy institute, as defined in paragraph (3) of subdivision (a) of section 79-12.8, that is registered pursuant to Part 52 of the Regulations of the Commissioner of Education as leading to licensure as a licensed psychoanalyst or an institute that offers coursework that is directly related to the enhancement of psychoanalysis practice, skills and knowledge; (3) a national psychoanalyst organization or other professional organization; (4) a New York State psychoanalyst organization; (5) a national organization of jurisdictional boards of psychoanalysis; (6) an entity operated under an operating certificate appropriately issued in accordance with articles sixteen, thirty-one or thirty-two of the Mental Hygiene Law; (7) an entity, hospital or health facility as defined in section 2801 of the Public Health Law; or (8) an individual with expertise to provide continuing education to New York State licensed psychoanalysts.

Paragraph (3) of subdivision (i) of section 79-12.8 establishes the standards for the Department’s review of applications from prospective continuing education providers. Prospective continuing education providers must: (1) offer coursework in one or more of the subjects prescribed as acceptable continuing education; (2) be an organized entity or individual, as defined in paragraph (2) of subdivision (i) of section 79-12.8, or another entity that employs licensed psychoanalysts and possesses the expertise to offer courses/educational activities; or an individual with expertise to provide continuing education to New York State licensed psychoanalysts; or an organization desiring to provide continuing education to New York State licensed psychoanalysts; or an organization that proposes to offer courses of learning or self-study programs to licensed psychoanalysts; or an organized educational entity with expertise in psychoanalytic education and practice; and that meets the requirements of subdivision (i) of section 79-12.8; (3) provide instructor(s) who are qualified to teach the courses; (4) have a method to assess the learning of participants and describe such method; and (5) maintain records for at least six years from the date of completion of coursework, which includes the information listed in paragraph (3) of subdivision (i) of section 79-12.8.

Subparagraph (iii) of paragraph (3) of subdivision (i) of section 79-12.8 states that providers that meet the requirements of paragraph (3) of subdivision (i) of section 79-12.8 will be approved for a three-year term. Subparagraph (iv) of paragraph (3) of subdivision (i) of section 79-12.8 allows the Department to conduct site visits or request information from an approved provider to ensure compliance. Subparagraph (v) of paragraph (3) of subdivision (i) of section 79-12.8 states that a determination by the Department that an approved provider is not meeting the requirements will result in the denial or termination of the provider’s approved status. Subparagraph (vi) of paragraph (3) of subdivision (i) of section 79-12.8 requires an instructor who engages in the practice of psychoanalysis to be appropriately licensed or authorized under the Education Law, when the instruction occurs in the State.

Subdivision (j) of section 79-12.8 establishes fees authorized by the statute. Paragraph (1) of subdivision (j) of section 79-12.8 establishes a $45 mandatory continuing education fee to be paid by each licensee, in addition to the registration fees required by sections 6507-a and 8405 of the Education Law. Paragraph (2) of subdivision (j) of section 79-12.8 establishes a fee to be paid by a licensee applying for a conditional registration, pursuant to subdivision (f) of section 79-12.8, that is the same as and in addition to any applicable fee for the triennial registration, in addition to the $45 mandatory continuing education fee. Paragraph (3) of subdivision (j) of section 79-12.8 establishes an application fee of $900 to be paid by an organization or individual requesting the issuance of a permit from the Department to become an approved provider of a formal continuing education program. A fee of $900 must accompany an application for a three-year renewal of this permit.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Subdivision (3) of section 212 of the Education Law authorizes the State Education Department (“Department”) to determine and set fees for certifications and permits.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.

Paragraph (a) of subdivision (1) of section 8412 of the Education Law, as added by Chapter 486 of the Laws of 2013, requires licensed psychoanalysts to complete mandatory continuing education as a condition for registration to practice in New York State and provides an exception to this requirement for licensees with conditional registration certificates.

Paragraph (b) of subdivision (1) of section 8412 of the Education Law allows licensed psychoanalysts to be exempt from the mandatory continuing education requirement for the triennial registration period during which they are first licensed. It also authorizes the Department to adjust the requirement in certain cases.

Paragraph (c) of subdivision (1) of section 8412 of the Education Law, provides an exemption from the continuing education requirement for licensees not engaged in the practice of licensed psychoanalysis and directs the Department to establish continuing education requirements for licensees reentering the profession.

Subdivision (2) of section 8412 of the Education Law provides that a licensed psychoanalyst must complete the mandatory continuing education requirements to be registered to practice in New York State, and establishes the continuing education hour requirement and a prorated formula for licensees whose first registration date follows the January 1, 2017 effective date and occurs less than three years from such effective date. A maximum of twelve hours in a thirty-six month registration period may be self-study under the law.

Paragraph (a) of subdivision (3) of section 8412 of the Education Law authorizes the Department to issue conditional registrations for licensed psychoanalysts who do not meet the regular continuing education requirements, to establish requirements for such licensees under conditional registration, and to charge a fee for such conditional registration in addition to the fee for triennial registration.

Paragraph (b) of subdivision (3) of section 8412 of the Education Law defines acceptable continuing education as formal courses of learning and educational activities which contribute to professional practice in licensed psychoanalysis and which meet the standards prescribed in the Regulations of the Commissioner of Education.

Paragraph (b) of subdivision (3) of section 8412 of the Education Law also requires that continuing education courses must be taken from a provider who has been approved by the Department, based upon an application and fee, pursuant to Regulations of the Commissioner of Education. This subdivision also authorizes the Department to require the completion of continuing education courses in specific subjects to fulfill the continuing education requirement, as needed to contribute to the health and welfare of the public.

Paragraph (b) of subdivision (3) of section 8412 of the Education Law also requires licensed psychoanalysts to maintain adequate documentation of compliance with the continuing education requirements and provide such documentation at the request of the Department.

Paragraph (c) of subdivision (3) of section 8412 of the Education Law authorizes the Department to charge licensed psychoanalysts a mandatory continuing education fee.

Section (2) of Chapter 486 of the Laws of 2013 provides that the new law shall take effect January 1, 2017, and was amended by Chapter 15 of the Laws of 2014 to authorize the Department to immediately add, amend, and/or repeal any rule or regulation necessary to timely implement the new law requiring the completion of continuing education by licensed psychoanalysts.

2. LEGISLATIVE OBJECTIVES:

The proposed rule carries out the intent of Chapter 486 of the Laws of 2013 as amended by Chapter 15 of the Laws of 2014, which amended Article 163 of the Education Law by adding a new section 8412, which requires the completion of continuing education by licensed psychoanalysts and establishes standards for such continuing education. Specifically, the proposed rule establishes appropriate standards for what constitutes acceptable continuing education, continuing education requirements when there is a lapse in practice, requirements for licensees under conditional registration, recordkeeping requirements applicable to licensees, and standards for the approval of continuing education providers for licensed psychoanalysts and recordkeeping requirements applicable to said approved providers.

3. NEEDS AND BENEFITS:

The purpose of the proposed rule is to ensure continued competency by practicing licensed psychoanalysts by establishing continuing education requirements that must be completed in order to be registered to practice in New York State and to establish requirements for the approval of providers of such continuing education. The proposed rule is necessary to conform the Regulations of the Commissioner of Education to Chapter 486 of the Laws of 2013 as amended by Chapter 15 of the Laws of 2014, which is effective January 1, 2017.

As required by statute, the proposed rule is also needed to establish continuing education requirements when there is a lapse in practice, and requirements for licensees under conditional registration. In addition, the proposed rule is needed to establish fees for both the mandatory continuing education for each licensed psychoanalyst and the Department’s review of providers of courses of learning or educational activities in order to defray the cost of such review.

4. COSTS:

(a) Costs to State government. The proposed rule implements statutory requirements and establishes standards as directed by statute. The rule will not impose any additional cost on State government, over and above the cost imposed by the statutory requirements.

(b) Costs to local government. There are no additional costs to local governments.

(c) Cost to private regulated parties. As authorized by Education Law section 8412(3)(c), the proposed rule includes a mandatory continuing education fee for licensed psychoanalysts at each triennial registration; this mandatory continuing education fee is set at $45. Statutory provisions also require that licensed psychoanalysts complete a prescribed number of hours of acceptable continuing education. The proposed rule establishes a $900 fee for the Department’s review of prospective continuing education providers for approval to offer continuing education in the form of courses of learning or educational activities for a three-year term.

(d) Cost to the regulatory agency. The proposed rule does not impose additional costs on the Department beyond those imposed by statute.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule implements the requirements of section 8412 of the Education Law relating to mandatory continuing education requirements for licensed psychoanalysts. It does not impose any program, service, duty, or responsibility upon local governments.

6. PAPERWORK:

The proposed rule requires each licensee to maintain, or ensure access by the Department to, a record of completed continuing education for six years, which includes: the type of educational activity if an educational activity, the title of the course if a course, the subject of the continuing education, the number of hours completed, the provider’s name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, a copy of any article or book for which continuing education credit is claimed with proof of publication, and the date and location of the continuing education. In addition, the proposed rule requires providers of continuing education, approved by the Department, to maintain records for at least six years which includes: the name and curriculum vitae of the faculty, a record of attendance of licensed psychoanalysts in the course if a course, a record of participation of licensed psychoanalysts in the self-instructional coursework, if self-instructional coursework, an outline of the course, date and location of the course, and the number of hours for completion of the course.

7. DUPLICATION:

There are no other State or Federal requirements on the subject matter of this proposed rule. Therefore, the proposed rule does not duplicate other existing State or Federal requirements and is necessary to implement Chapter 486 of 2013 as amended by Chapter 15 of the Laws of 2014.

8. ALTERNATIVES:

The proposed rule is necessary to conform the regulations of the Commissioner of Education to Chapter 486 of the Laws of 2013 as amended by Chapter 15 of the Laws of 2014. There are no significant alternatives to the proposed rule and none were considered.

9. FEDERAL STANDARDS:

Since there are no applicable federal standards for the continuing education of licensed psychoanalysts the proposed rule does not exceed any minimum federal standards for the same or similar subject areas.

10. COMPLIANCE SCHEDULE:

The proposed rule is necessary to conform the regulations of the Commissioner of Education to Chapter 486 of the Laws of 2013 as amended by Chapter 15 of the Laws of 2014. Licensed psychoanalysts must comply with the continuing education requirements on the effective date of the authorizing statute, January 1, 2017. The statute and proposed rule establish a phase-in period during which the licensee will be required to complete less than the full 36 hours of continuing education based upon a proration formula. It is anticipated that licensees will be able to comply with the proposed rule by the effective date so that no additional period of time will be necessary to enable regulated parties to comply.

(a) Small Businesses:

1. EFFECT OF RULE:

The purpose of the proposed rule is to implement Chapter 486 of the Laws of 2013, as amended by Chapter 15 of the Laws of 2014, which establishes mandatory continuing education requirements for licensed psychoanalysts registered to practice in New York State. This continuing education will be offered by providers approved by the State Education Department (“Department”), some of which may be small businesses. The Department does not know the exact number of providers that will be small businesses, but estimates that number based on its experience with similar requirements in the profession of public accountancy as set forth in the methodology below.

Individuals licensed in public accountancy have been subject to mandatory continuing education requirements since 1985, and providers of such continuing education must be approved by the Department, after a Department review. In accounting, about 800 providers of continuing education are approved by the Department. There are approximately 80 times fewer licensed psychoanalysts (661) as there are individuals licensed in public accountancy (53,567) in this State. Using these numbers, the Department calculates that there will be a need for about 10 providers of continuing education for licensed psychoanalysts. Of these, based upon a survey of the providers in accounting, the Department estimates that about 75 percent or 7 will be small businesses.

The proposed rule does not distinguish between the Department’s review of small business entities that seek to provide continuing education to licensed psychoanalysts and the Department’s review of any other entity that seeks to offer such coursework and/or programs.

2. COMPLIANCE REQUIREMENTS:

There are compliance requirements for providers seeking approval to offer continuing education to licensed psychoanalysts. An entity or individual must submit an application for advance approval as a provider at least 90 days prior to the date of commencement of the continuing education coursework and/or program for review by the Department. The applicant must document in the application: curricular areas of offerings; its organizational status as an educational entity or expertise in the professional area; the qualifications of course instructors; methods for assessing the learning of participants; and recordkeeping procedures. Approved applicants will be permitted to offer continuing education to licensed psychoanalysts for a three-year term and must apply for renewal of their permit every three years.

3. PROFESSIONAL SERVICES:

No professional services are expected to be required by small businesses to comply with the proposed rule. The regular staff of small businesses will be able to complete the application needed for the review by the Department.

4. COMPLIANCE COSTS:

An organization or an individual seeking approval as a provider of continuing education to licensed psychoanalysts through a Department review would be required to pay the Department a fee of $900 to defray the cost of its review. Such fee would be paid once every three years, upon submission of the organization’s or individual’s application. Therefore, the annualized cost is $300.

The Department estimates that it would require a staff member or an individual to spend about eight hours to complete the application. Based on an hourly rate of $37 per hour (including fringe benefits), the Department estimates that the cost of completing the application to be $296. An application would have to be completed once every three years. Therefore, the annualized cost of completing the application is estimated to be approximately $98.

An approved provider of continuing education to licensed psychoanalysts would charge fees to those licensees who participate in its approved learning activities which would generate revenue for the provider. Although the fees would vary based on the type and form of the approved learning activities, in a majority of, if not all, cases, the compliance costs would be more than offset by fees paid to an approved provider by those licensees who participate in its approved learning activities.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule will not impose any technological requirements on regulated parties. See above “Compliance Costs” for the economic impact of the regulation.

6. MINIMIZING ADVERSE IMPACT:

The Department believes that the standards for provider review by the Department are reasonable, and that uniform standards should apply, regardless of the size of the sponsoring organization, in order to ensure the quality of the continuing education.

7. SMALL BUSINESS PARTICIPATION:

Members of the State Board for Mental Health Practitioners, many of whom have experience in a small business environment, provided input in the development of the proposed rule. In addition, staff of the Department worked with the statewide and national professional associations and councils that represent licensed psychoanalysts by disseminating information concerning the proposed regulation to these organizations and seeking their input. These organizations include members who own and operate small businesses.

(b) Local Governments:

The proposed rule establishes continuing education requirements for licensed psychoanalysts and standards for providers of such continuing education. It will not impose any reporting, recordkeeping, or other compliance requirements, or have any adverse economic impact on local governments. Because it is evident from the nature of the proposed rule that it will not adversely affect local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for local governments is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule will apply to all licensed psychoanalysts in New York State. The proposed rule implements the provisions of section 8412 of the Education Law, as added by Chapter 486 of the Laws of 2013 and amended by Chapter 15 of the Laws of 2014 that, effective January 1, 2017, require each licensed psychoanalyst to complete 36 hours of continuing education during each three-year registration period. It also establishes standards for both acceptable continuing education to meet this statutory requirement and the State Education Department’s (“Department”) approval of continuing education providers.

The proposed rule will apply to licensed psychoanalysts located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. All 661 licensed psychoanalysts who are registered by the State Education Department to practice in New York State will be subject to the requirements of the proposed rule. Of these, 17 licensed psychoanalysts (2.6%) report that their permanent address of record is in a rural county of the State.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

As required by section 8412 of the Education Law, the proposed rule will require licensed psychoanalysts, including those that reside or work in rural areas, to complete 36 hours of acceptable continuing education to be registered to practice in New York State. The proposed rule defines acceptable continuing education subjects and other types of educational activities that the Department will accept to satisfy the statutorily mandated continuing education requirements. The proposed rule requires licensees to certify that they have met the requirements upon applying for renewal of registration to practice in New York State. The proposed rule requires each licensee to maintain prescribed information concerning completed acceptable continuing education for six years from the date of completion of said education.

The proposed rule also establishes standards for the Department's approval of prospective continuing education providers desiring to offer acceptable continuing education in the form of courses of learning and/or self-study programs, including providers, who may be located in rural areas. The proposed rule requires such approved providers to maintain specified records related to the offering of the courses of learning and self-study programs for a six-year period from the date of completion of the coursework and/or programs.

The proposed rule does not impose any professional services requirements on entities in rural areas.

3. COSTS:

The proposed rule implements provisions in the statute that authorize the Department to establish a continuing education fee on each licensed psychoanalyst and a fee for the Department review and approval of entities or individuals seeking to become an approved provider of continuing education for a three-year term. These fees are set at $45 and $900 respectively, consistent with the fees charged in other professions.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule implements and clarifies the continuing education requirements for licensed psychoanalysts found in section 8412 of the Education Law. The statutory requirements do not make exceptions for individuals who live or work in rural areas. Thus, the Department has determined that the proposed rule's requirements should apply to all licensed psychoanalysts, regardless of their geographic location, to help ensure a uniform standard of continuing competency across the State.

The Department has also determined that uniform standards for the Department's review of providers are necessary to ensure quality offerings in all parts of the State. Because of the nature of the proposed rule, alternative approaches for rural areas were not considered.

5. RURAL AREA PARTICIPATION:

Comments on the proposed rule were solicited from statewide organizations representing all parties having an interest in the practice of licensed psychoanalysis. Included in this group was the State Board for Mental Health Practitioners and professional associations representing the psychoanalysis profession. These groups have members who live or work in rural areas.

6. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement statutory requirements in Chapter 486 of the Laws of 2013 as amended by Chapter 15 of the Laws of 2014 and, therefore, the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period.

The State Education Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10 of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Section 8412 of the Education Law, as added by Chapter 486 of the Laws of 2013, effective January 1, 2017, and amended by Chapter 15 of the Laws of 2014, establishes mandatory continuing education requirements for licensed psychoanalysts registered to practice in New York State. The proposed rule implements the requirement of Chapter 486 of the Laws of 2013 as amended by Chapter 15 of the Laws of 2014, that each licensed psychoanalyst complete 36 hours of continuing education during each three-year registration period and establishes standards for both acceptable continuing education to meet this statutory requirement and the Department’s approval of continuing education providers.

Because, the proposed regulation implements specific statutory requirements and directives, any impact on jobs and employment opportunities created by establishing a continuing education requirement for licensed psychoanalysts is attributable to the statutory requirement, not the proposed rule, which simply establishes standards that conform with the requirements of the statute. In any event, similar statutory continuing education requirements were established for individuals licensed as physical therapists in 2009 and licensed massage therapists in 2012, and the Department is not aware that those requirements significantly affected jobs or employment opportunities in those professions. In addition, the statutory continuing education requirement for licensed psychoanalysts may increase job and employment opportunities for prospective approved continuing education providers and their current and potential employees.

Therefore, the proposed rule will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed rule that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one was not prepared.