Section 5312 - Minimum Standards for Continuing Education Courses by Correspondence(a) Continuing education courses shall provide no less than two (2) clock hours of education. Such courses shall utilize written, audio or audio-visual lessons and a written examination to be completed after the lesson.(b) Written instructions shall be provided by the course provider advising the licensee and proctor of the requirements of this section.(c) For each one (1) clock hour to be earned, the examination shall contain no less than five (5) essay type questions related to the course topic. Thirty (30) minutes shall be permitted for the completion of each five (5) questions. Course providers shall rotate the examinations by administering the use of three (3) different examinations for each course. The examination shall be provided in a sealed envelope bearing instructions which read "TO BE OPENED IN THE PRESENCE OF AN APPROVED PROCTOR ONLY. VOID IF OPENED OTHERWISE ..." A return envelope shall be provided which is suitable for mailing and of sufficient size to accommodate an unopened or opened examination, and bears the name and address of the course provider.(d) Approved proctors shall include the course provider, a notary public, an officer in the armed forces on active duty, an approved instructor or other approved course provider, an attorney, a librarian at a public or school library, or a representative of the department. No person related by blood, marriage, employment, or otherwise having a conflict of interest with a licensee, shall serve as a proctor for the licensee.(e) The proctor shall be instructed to complete a certification form provided by the course provider which makes provisions for the following:(1) The proctor's name and address and telephone number.(2) The proctor's qualifying occupation, title or position.(3) The licensee's name, address and license number issued by the department.(4) A certification statement indicating the means used to identify the licensee, that the proctor has no conflict of interest with the licensee due to employment, relation by marriage or blood, that the examination envelope was found sealed and only broken in the proctor's presence, that the examination was completed by the licensee in the proctor's presence without the use of any written materials or aids of any kind, that the examination was not copied by any means, and that the examination was returned to the course provider by the proctor through the U.S. Mail, or by similar mailing services, or by personal delivery.(5) The proctor's signature.(f) The course provider or instructor shall grade the examination and notify the licensee of the results within ten (10) calendar days of receipt. Should the licensee score less than 70 percent, the course provider shall provide the licensee with a second examination with different questions, to be taken under the same conditions as the first examination. Should the licensee score less than 70 percent on the second examination, the licensee has failed the course and may not attempt the examination again.(g) No licensee shall be permitted to copy or reproduce any examination or portion thereof.(h) All correspondence courses shall be completed within sixty (60) calendar days of the registration date. For the purposes of this section, the registration date shall be the date the course provider mails or otherwise delivers the course material to the licensee as evidenced by the course provider's records. The registration date and completion date shall be printed in the instructions to the licensee.(i) The course provider shall disqualify any licensee when the actions or omissions to act by either the licensee or the proctor result in a violation of this section. If a licensee for whatever reason chooses not to complete a course and fails to return the examination, unopened, to the course provider within sixty (60) calendar days of the registration date, the licensee shall be disqualified. The instructions to the licensee shall include a warning regarding disqualification as prescribed in this section.
(j) All disqualifications by course providers shall be reported to the department within ten (10) calendar days.(k) Once disqualified due to the licensee's acts or omissions to act, clock hour credits earned by correspondence after the disqualification shall not be accepted for the license renewal. A disqualification shall only extend to the end of any one licensure term.(l) Each set of three (3) correspondence course examinations required by this section shall be used concurrently with the course approval period. When applying for course approval renewal, the course provider shall submit new examinations for use with the renewed course. Expired examinations shall not be used, but shall be maintained with the course provider's records.(m) Applications for continuing education course approval shall comply with Section 5342 of this subchapter.Cal. Code Regs. Tit. 25, § 5312
1. New section filed 12-8-86 as an emergency; effective upon filing (Register 86, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-7-87. For prior history, see Register 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete HISTORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87, No. 15). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance including amendment of subsections (c) and (i) transmitted to OAL 6-26-87 and filed 7-27-87 (Register 87, No. 32).
4. Amendment of subsections (f), (h)-(j) and (m) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5). Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056, 18056.2 and 18056.4, Health and Safety Code.
1. New section filed 12-8-86 as an emergency; effective upon filing (Register 86, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-7-87. For prior history, see Register 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete HISTORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87, No. 15). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance including amendment of subsections (c) and (i) transmitted to OAL 6-26-87 and filed 7-27-87 (Register 87, No. 32).
4. Amendment of subsections (f), (h)-(j) and (m) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).