AMENDMENT
TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION Pursuant to sections 207, 212, 6502, 6504, 6507, 6508, and 7211 of the
Education Law, and Chapter 146 of the Laws of 2002.
Section 68.11 of the Regulations of the Commissioner of
Education is added, effective January 1 2004, as follows:
Section 68.11 Continuing education
for professional engineers.
(a) Definitions. As used in this section,
acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of
accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory
manner, such as an agency recognized for this purpose by the Council for Higher Education Accreditation.
(b)
Applicability of requirement.
(1) Each licensed professional engineer, required
under Article 145 of the Education Law to register with the department to practice in New York State, shall comply with the
mandatory continuing education requirements as Prescribed in subdivision (c) of this section, except those licensees exempt
from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision or who are
subject to a different requirement pursuant to this section.
(2) Exemptions and adjustments
to the requirement.
(i) Exemptions. The following
licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) this section:
(a) licensees for the triennial registration period during which they are first
licensed to practice engineering in New York State, except those first licensed to practice engineering in New York State
pursuant to an endorsement of a license of another jurisdiction; and
(b)
licensees whose first registration date following January 1, 2004 occurs prior to January 1,2005, for periods prior
to such registration date; and
(c) licensees who are not
engaged in the practice of engineering as evidenced by not being registered to practice in New York State, except as otherwise
provided in subdivision (e) of this section to meet the requirements for the resumption of practice in New York State.
(ii)
Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision
(c) of this section, may be made by the department, provided that the licensee documents good cause that prevents compliance,
which shall include, but not be limited to, any of the following reasons:
poor health certified by a physician; or a specific physical or mental
disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United
States; or other good cause beyond the licensee's control which in the judgment of the department makes it impossible for
the licensee to comply with the continuing education requirements in a timely manner.
(c)
Mandatory continuing education requirement.
(1) General requirement.
(i)
During each triennial registration period, meaning a registration
period of three years' duration, an applicant for registration shall complete at least 36 hours of continuing education acceptable
to the department, as defined in paragraph (3) of this subdivision, provided that at least 18 hours of such continuing education
shall be in courses of learning, and no more than 18 hours of such continuing education shall be in other educational activities
as prescribed in paragraph (3) of this subdivision. 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.
(ii)
Proration. Unless otherwise prescribed in this section, during each registration period of less than three-years duration,
an applicant for registration shall complete acceptable continuing education, as defined in paragraph (3) of this subdivision
and within the limits prescribed in such paragraph, on a prorated basis at a rate of one hour of continuing education per
month for such registration period.
(2) Requirement for certain licensees.
(i) In accordance with section 7211(1)(d) of the Education Law, a licensee
shall be deemed to have satisfied the continuing education requirement prescribed in paragraph (1) of this subdivision, if
the licensee meets the following conditions:
(a) On
December 31, 2003, the licensee was directly employed on a full-time basis by the State of New York; or agencies, public authorities,
or public benefit corporations of the State of New York; or local government units of the State of New York in a position
requiring licensure in engineering and is represented by a collective bargaining unit at all times when so employed; and
(b) either:
(1)
the licensee has continuously been employed in a position or successor positions described in clause (a) of this subparagraph,
and since January 1, 2004, has not otherwise practiced engineering in New York State in any other capacity outside of such
employment; or
(2) the licensee has left employment
described in clause (a) of this subparagraph, and since January 1, 2004, has not practiced engineering in New York State in
any other capacity outside of employment in a position described in clause (a) of this subparagraph.
(ii) A licensee who does not meet the conditions prescribed in clauses (a) and (b)
of subparagraph (i) of this paragraph shall be required to complete acceptable continuing education, as defined in paragraph
(3) of this subdivision, at the rate of one hour of continuing education per month from the date the condition is not met
until the next registration date. Thereafter, the licensee shall complete the regular continuing education requirement prescribed
in paragraph (1) of this subdivision.
(3) Acceptable continuing education.
To be acceptable to the department continuing education shall meet the requirements of this paragraph. Such continuing education
must be in the subjects prescribed in subparagraph (i) of this paragraph and be the types of learning activities prescribed
in subparagraph (ii) of this paragraph.
(i) Subjects. Acceptable
continuing education shall contribute to professional practice in engineering and shall have as its focus one or more of the
following subjects:
(a) aerospace engineering,
agricultural engineering, architectural engineering, bioengineering, ceramic engineering, chemical engineering, civil engineering,
construction engineering, control systems engineering, electrical/computer engineering, environmental engineering, fire protection
engineering, geological engineering, industrial engineering, manufacturing engineering, mechanical engineering, materials/metallurgical
engineering, mining/mineral engineering, naval architecture/marine engineering, nuclear/radiological engineering, ocean engineering,
petroleum engineering, structural engineering, systems engineering, architecture, land surveying; or other matters of law
and/or ethics which contribute to the professional practice in engineering and the health, safety, and/or welfare of the public;
and
(b) in other topics which contribute to the professional practice of engineering
as such practice is defined in section 7201 of the Education Law.
(ii)
Types of learning activities. Acceptable continuing education shall be the types of learning activities prescribed
in this subparagraph and be subject to the limitations prescribed in this subparagraph.
(a)
Courses of learning. Acceptable continuing education shall be courses of learning offered by a sponsor approved Pursuant
to subdivision (i) of this section, which mav include, among others, the following courses offered by an approved sponsor:
university and college courses, and professional development and technical training courses.
(b)
Other educational activities. Acceptable continuing education shall be the following other educational activities,
provided that no more than 18 hours of continuing education in a registration period shall consist of such other educational
activities:
(1) preparing and teaching a course
offered by a sponsor of continuing education to professional engineers, approved pursuant to subdivision (i) of this section,
provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without
presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional
time plus preparation time which mav be up to two additional hours for each hour of presentation;
(2) authoring an article published in a peer-reviewed journal or a published book.
A licensee shall receive nine continuing education hours for each written work published during the registration period.
(3) making a technical presentation at a professional conference sponsored by a
an organization that is a sponsor of continuing education to professional engineers, approved pursuant to subdivision (i)
of this section. Continuing education hours that may be credited for this activity shall include actual instructional time,
plus preparation time which mav be up to two additional hours for each hour taught.
(4) obtaining a patent related to the practice of engineering. A licensee shall
receive nine continuing education hours for each patent granted on an invention during the registration period.
(5) completing a self-study program, meaning structured study, provided by a sponsor
approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, and other media,
and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact
with the instructor and other students.
(d) Renewal of registration.
At each re-registration, licensed professional engineers shall certify to the department that they have either complied with
the continuing education requirements, as prescribed in this section; or are subject to an exemption or adjustment to such
continuing education requirements, as prescribed in subdivision (b) of this section.
(e) Requirement for lapse in practice.
(1)
A licensee returning to the practice of engineering after a lapse in practice, as evidenced by not being registered
to practice in New York State, whose first registration date after such lapse in practice and following January 1, 2004 occurs
less than three years from January 1, 2004, but on or after Januarv 1, 2005, shall be required to complete:
(i) at least one hour of acceptable continuing education for each month beginning
with January 1, 2004 until the beginning of the new registration period, which shall be completed for a licensee who has not
lawfully practiced engineering continuously in another jurisdiction throughout such lapse period, in the 12-month period before
the beginning of the new registration period; and for the licensee who has lawfully practiced engineering continuously in
another jurisdiction throughout such lapse period, in the new registration period or at the option of the licensee in the
period beginning 36 months before the commencement of the new registration period and ending at the conclusion of such registration
period; and
(ii)
for a licensee who has not lawfully practiced engineering continuously in another jurisdiction throughout such lapse
period, at least 12 hours of acceptable continuing education in each successive 12-month period of the new registration period;
and for a licensee who has lawfully practiced engineering continuously in another jurisdiction throughout such lapse period,
the regular continuing education requirement during the new registration period.
(2)
Except as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns
to the practice of engineering after a lapse in practice in which the licensee was not registered to practice in New York
State and did not lawfully practice engineering continuously in another jurisdiction throughout the lapse period, shall be
required to complete:
(i) the continuing education
requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and
(ii)
at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum 36 hours,
which shall be completed in the 12 months before the beginning of the new registration period; and
(iii) at least 12 hours of acceptable continuing education in each succeeding 12-month period,
after such registration is reissued, until the next registration date.
(3) Except
as prescribed in subparagraph (i) of this paragraph for registrations therein specified, the licensee who returns to the practice
of engineering after a lapse in practice in which the licensee was not registered to practice in New York State, but did lawfully
practice engineering continuously in another jurisdiction throughout the lapse period, shall be required to complete:
(i) the continuing education requirement applicable to the period of time
the licensee was registered in the licensee's last registration period; and
(ii)
at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum of 36 hours,
which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months
before the commencement of the new registration period and ending at the conclusion of the new registration period; and
(iii) the regular continuing education requirement during the new registration period.
(f)
Conditional registration.
(1) The department may issue
a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements
of this section, provided that such licensee meets the following requirements:
(i)
the licensee agrees to remedy such deficiency within the conditional registration period;
(ii)
the licensee agrees to complete the regular continuing education requirement at the rate of one hour of acceptable
continuing education per month during such conditional registration period; and
(iii)
the licensee agrees to complete additional continuing education during such conditional registration period, which
the department may require to ensure the licensee's proper delivery of professional engineering services consistent with the
licensee's practice of engineering.
(2) The duration of such conditional registration shall not exceed one year and
shall not be renewed or extended.
(g) Licensee records. Each
licensee subject to the requirements of this section shall maintain, or ensure access by the department to, a record of completed
continuing education, which includes: the type of learning activity, title of the course if a course, subject of the continuing
education, the number of hours completed, the sponsor's name and any identifying number (if applicable). attendance verification
if a course, participation verification if another educational activity, and the date and location of the continuing education.
Such records shall be retained for at least six years from the date of completion of the continuing education and shall be
available for review by the department in the administration of the requirements of this section.
(h)
Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing
education, as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes shall
equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit
shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours
of credit.
(i) Sponsor approval.
(1)
To be approved by the department, sponsors of continuing education to licensed professional engineers in the form of
courses of learning or self-study programs shall meet the requirements of either paragraphs (2) or (3) of this subdivision.
(2) The department shall deem approved as a sponsor of continuing education to
licensed professional engineers in the form of courses of learning or self-study programs:
(i) 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 with assistance
from the State Board for Engineering and Land Surveying to have adequate standards for approving sponsors of continuing education
for professionals regulated by Title VIII of the Education Law that include but are not limited to standards that are equivalent
to the standards prescribed in clauses (3) (ii) (a), (c), and (d) of this subdivision; or
(ii)
a postsecondarv institution that has authority to offer programs that are registered pursuant to Part 52 of this Title
or authority to offer equivalent programs that are accredited by an acceptable accrediting agency.
(3)
Department review of sponsors.
(i) The department shall conduct a review
of sponsors that apply f6r approval to offer continuing education to licensed professional engineers in the form of courses
of learning or self-study programs that are not deemed approved pursuant to the requirements of paragraph (2) of this subdivision.
(ii)
Organizations desiring to offer courses of learning or self-study programs based upon a department review under this
paragraph shall submit, with the fee as set forth in subdivision (i) of this section, an application for advance approval
as a sponsor at least 90 days prior to the date of the commencement of such continuing education that documents that the organization:
(a) will offer courses of learning or self-study programs in one or more of' the
subjects prescribed for acceptable continuing education in subparagraph (c) (3) (i) of this section;
(b) is an organized educational entity or an entity that has expertise in the professional
areas that will be taught, including but not limited to, postsecondary institutions that are not already deemed approved pursuant
to subparagraph (2)(ii) of this subdivision, and national, State, or local engineering associations;
(c)
provides course instructors who are qualified to teach the courses which will be offered, including but not limited
to, faculty of a college of engineering accredited by an acceptable accrediting agency; or instructors who are specially qualified
authorities in engineering, as determined by the department with assistance from the State Board for Engineering and Land
Surveying, to conduct such courses;
(d) has a method of assessing the learning
of participants, and describes such method; and
(e) will maintain records
for at least six years from the date of completion of coursework, which shall include, but shall not be limited to, the name
and curriculum vitae of the faculty, a record of attendance of licensed professional engineers in the course if a course,
a record of participation of licensed professional engineers in the self-study program if a self-study program, an outline
of the course or program, date and location of the course or program, and the number of hours for completion of the course
or program. In the event an approved sponsor 'discontinues operation, the governing body of such sponsor shall notify the
department and shall transfer all records as directed by the department.
(iii)
Sponsors that are approved by the department pursuant to the requirements of this paragraph shall be approved for a
three-year term.
(iv) The department may conduct site visits
of, or request information from, a sponsor approved pursuant to the requirements of this paragraph to ensure compliance with
such requirements, and a sponsor shall cooperate with the department in permitting such site visits and in providing such
information.
(v) A determination by the department that a sponsor approved pursuant to the requirements
of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the
approved status of the sponsor.
(j) Fees.
(1) At the beginning of each registration period, a mandatory continuing education fee
of $45 shall be collected from licensees engaged in the practice of engineering in New York State, except for those exempt
from the requirement pursuant to clauses (b)(2)(i)(a) and (c) of this section. This fee shall be in addition to the registration
fee required by section 7206 of the Education Law.
(2) Licensees applying
for a conditional registration, pursuant to the requirements of subdivision (f) of this section, shall pay a fee that is the
same as and in addition to, the fee for the triennial registration required by section 7206 of the Education Law. In addition,
such licensees shall pay the $ 45 mandatory continuing education fee.
(3) Organizations
desiring to offer continuing education to licensed professional engineers based upon a department review, pursuant to paragraph
(i)(3) of this section, shall submit an application fee of $900 with the application requesting the issuance of a permit from
the department to become an approved sponsor of continuing education to licensed professional engineers in the form of courses
of learning or self-study programs. Application for a three-year renewal of the permit shall be accompanied by a fee of $900.
