N.Y. Comp. Codes R. & Regs. tit. 10 § 800.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 800.8 - Recertification requirements

To qualify for recertification, an applicant shall:

(a) file a completed application bearing the applicant's original signature in ink with the department on a form provided by the department;

(b) possess New York State certification at or above the level at which recertification is sought except as provided in section 800.18 of this Part;

(c) pass the State practical skills examination for the level at which recertification is sought;

(d) pass a practical skills evaluation and cognitive examination, approved by the department, for the level at which certification is sought within one year of the end date stipulated by the department for their course;

(e) if the applicant has been convicted of one or more criminal offenses, as defined in section 800.3(ak) of this Part, be found eligible after a balancing of the factors set out in article 23-A of Corrections Law. In accordance with that article, no recertification shall be denied by reason of the applicant having been previously convicted of one or more criminal offenses unless (i) there is a direct relationship between one or more of the previous criminal offenses and duties required of this certificate or (ii) recertification of the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public. In determining these questions, the agency will look at the eight factors listed under Corrections Law section 753; and

(f) not have been found guilty or in violation, in any jurisdiction, of any other non-criminal offense or statutory and/or regulatory violation, as those terms are defined in section 800.3 of this Part, relating to patient safety unless the department determines such applicant would not involve an unreasonable risk to property or the safety or welfare of a specific individual or the general public.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 800.8

Amended New York State Register May 6, 2015/Volume XXXVII, Issue 18, eff. 5/6/2015

Amended New York State Register June 5, 2024/Volume XLVI, Issue 23, eff. 6/5/2024