The Central New York Chapter of the New York State Society of Professional Engineers

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What Are Other States Doing??

NYS Education Dept. Q&A s

A new law will go into effect on January 1, 2004 requiring all New York State licensed professional engineers and land surveyors to complete mandatory continuing education (Section 7211 of Article 145 of the Education Law). Preliminary information about this new law in the form of a series of questions and answers is provided below based upon questions recently received by the State Education Department. Regulations to implement the new law are currently under development. When more detailed information on the continuing education requirement is available, it will be posted on this site (see question 9 below).

1. How many hours of continuing education will be required under the new law?

In each three-year registration period:

  • professional engineers will be required to complete 36 contact hours of continuing education.
  • land surveyors will be required to complete 24 contact hours of continuing education.

2. When will I be required to begin reporting completion of continuing education?

The new law goes into effect on January 1, 2004.

  • If you are renewing the registration of your license between January 1, 2004 and December 31, 2004, you will not be required to report continuing education.
  • If you are renewing the registration of your license on or after January 1, 2005, the number of contact hours you will be required to complete and report will vary depending on when your current registration expires, but will not exceed 36 hours for professional engineers or 24 hours for land surveyors.

For your first three-year registration period after the new law goes into effect, you will be required to complete continuing education at a rate of 1 hour per month beginning January 1, 2004 to the date your registration is due to be renewed. For example, if your new registration period begins on January 5, 2005, you will need to have completed 12 contact hours of continuing education by January 5, 2005.

3. Are there specific courses that I must take to meet the requirement?

You will be required to complete continuing education in an approved subject area from a provider approved by the New York State Education Department.

  • Professional engineers will be required to complete 18 credits in "courses of learning"; the remaining 18 credits may be completed through "educational activities".
  • Land surveyors will be required to complete 16 credits in "courses of learning"; the remaining 8 credits may be completed through "educational activities".

A list of approved sponsors/providers and more information on approved subject areas, "courses of learning" and "educational activities" will be available on this site after regulations for continuing education are enacted by the Board of Regents.

4. What if a licensee does not complete the required continuing education after the new law goes into effect?

A licensee who has not satisfied the continuing education requirements will not be issued a registration certificate by the Education Department and therefore, may not practice. If a licensee practices his or her profession after the Department has denied renewal of a registration for failure to report completion of continuing education, the licensee could be subject to disciplinary proceedings for professional misconduct. The Department, at its discretion, may issue a conditional registration that is valid for up to one year to allow licensees to make up any deficiencies and complete any additional continuing education, which the Department may require. Conditional registrations are not automatic and cannot be renewed.

5. What if a licensee is having difficulty meeting the continuing education requirement due to special circumstances?

The Education Department can grant adjustments to the continuing education requirement to licensees with serious health related issues, those on active military service, or for other good cause acceptable to the Department, that prevents the licensee from meeting the continuing education requirement. The Department will consider requests for adjustments to the continuing education requirement on a case-by-case basis.

6. Will I be required to complete continuing education if I am not practicing professional engineering or land surveying?

If you have notified the Education Department that you are not engaged in practice and your registration is in inactive status, you are exempt from the continuing education requirement. If, at any time, you return to practice, you must complete the continuing education requirements that apply to your particular situation.

7. Will I be required to keep records of the continuing education I complete?

Yes, you must maintain adequate documentation of the acceptable continuing education you complete. You will be required to make continuing education records available to the Education Department upon request.

8. Where can I find sections of the law that pertain to the continuing education requirement?

The statutes that apply to this requirement are available on this site. In addition, relevant sections of NYS Education Law are available upon request by calling the Mail and Supply Unit at (518) 474-3817 ext. 320 or e-mail opforms@mail.nysed.gov.

9. Where can I find more information?

Additional information will be available on this site when the regulations for continuing education are enacted by the Board of Regents. In the meantime, if you have any questions, please contact the State Board for Engineering and Land Surveying at 518-474-3817 Ext. 140, email enginbd@mail.nysed.gov or lsurvbd@mail.nysed.gov.

 

See our Central New York Chapter of the NY State Society of Professional Engineers web site at www.cnype.org for the Engineering Law and Education Regulations.  Contact Mike Hayes, P.E. at (315) 455-2000 or m.hayes@ieee.org if you have any questions.

 

CNYPE Q/A s

 

 

 

Q.  Suppose I go to a conference sponsored by a professional organization such as ASCE, IEEE, ASME, etc.  Will I be able to get professional development hours (PDH) from the technical presentations I attend?

A.  Unless the national organizations have had their courses certified in NY, PDHs earned there won't count for NY.  Therefore, asking that question of your professional organization would be appropriate.  In addition, you as an individual could send the information about the technical presentations and instructors to the Practicing Institute for Engineering (PIE) to get the PDHs certified for NY.

 

Q.  Can I get presentations and courses certified retroactively?

A.  As the answer to question 1 implies, the answer is yes, but recognize that the courses and presentations may not qualify for certification.

 

Q.  Will education I take in NY qualify in other states that require CPC?  Will qualifying education I took in another state also qualify in NY?

A.  Maybe.  There are 24 states that require CPC now, or will in the near future.  We'll put the list on our web site.  Every state has its own guidelines which precludes a definitive answer here.  NY requires CPC to be in a core engineering competency, ethics, or law as it relates to engineering. 

 

I want to highlight a few other points, which are in the documents on the web site.

* Licensees whose first registration date following January 1, 2004 occurs on or before December 31, 2004 are exempt from the CPC requirement when they register.  Such licensees will have to take the full 36 hours of CPC prior to the next registration period.  For example, if you renew your registration on 7/1/04. No CPC is required.  When you renew on 7/1/07, you'll need 36 hours of CPC.

 

* Any licensed professional engineer whose first registration date following January 1, 2004 occurs less than three years from that date, but on or after January 1, 2005, shall complete continuing education hours on a prorated basis at the rate of one hour of acceptable continuing education per month for the period beginning January 1, 2004 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2004 and ending before the first day of the new registration period or at the option of the licensee during any time in the previous registration period.

 

For example, if you renew your registration on March 1, 2005, you'd be required to have 14 PDHs.  Note the special rule (last sentence in previous paragraph) that applies to your first renewal if it occurs between 1/1/05 and 12/31/06.  Qualifying education obtained in your prior registration period can be used to meet your CPC requirement.  For this March 1, 2005 renewal, the 14 PDHs could have been earned between March 1, 2002 and February 28, 2005.  At least that's my interpretation of the rule.  I will try to confirm that this interpretation is correct.  This is an example of a case where it may be helpful to get courses or presentations you've already taken certified.

 

* There are several approved providers of CPC.  These include a sponsor of continuing education that is approved by the International Association for Continuing Education and Training (IACET), or the Practicing Institute of Engineering, or the American Institute of Architects Continuing Education System (AIA/CES), or an equivalent organization determined by the department (NYSED) to meet NY standards.  Courses offered by ABET accredited colleges or universities, such as Syracuse University, can also qualify.  Other sponsors can apply to the NY State Education Department to become approved to offer qualifying education.

 

For example, I had planned to offer an 8-hour course in 2002 about National Electrical Code requirements for motor circuits.  I got the course approved by IEEE for 0.8 continuing education units, which equals 8 PDHs.  Since IEEE is an approved IACET continuing education provider I followed a procedure similar to PIE's by submitting a course outline, a description of the course content, and my qualifications to teach the course.  Through this process the course met the NY requirements for PDHs since it was sponsored by an approved provider and the content was a core competency for electrical engineers. 

 

* Note that to qualify, both the provider and the course must be approved.  Courses in "soft skills" such as personal communications, leadership, general management, finance, human resources, etc., even if offered by an approved provider such as Syracuse University, will most probably not qualify for PDHs in NY.

 

Your Chapter has established a committee that will develop programs of qualifying education in the near future.  We hope to work with other technical and professional societies to make qualifying education as widely available, inexpensive, and relevant (i.e., high quality and worth your time and money).  In addition, there are many potential sources of qualifying education, including some vendor presentations and "brown bag" classes.  We'll be looking at all of this.

 

 

Mike Hayes, P.E.

(315) 455-2000

mhayes@cscos.com

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