N.Y. Comp. Codes R. & Regs. tit. 8 § 68.14

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

Section 68.14 - Continuing education for professional engineers, land surveyors and professional geologists

(a) Definitions. As used in this section:

(1) Acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the post-secondary 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.

(2) Licensed professional means any individual licensed under Article 68 of the Education Law as a professional engineer, land surveyor or professional geologist.

(b) Applicability of requirement.

(1) Each licensed professional, 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) of this section:

(a) licensees for the triennial registration period during which they are first licensed to practice engineering, land surveying, and/or geology in New York State, except those first licensed to practice engineering, land surveying, and/or geology in New York State pursuant to an endorsement of a license of another jurisdiction;

(b) licensed professional engineers and/or land surveyors whose first registration date following January 1, 2004 occurs prior to January 1, 2005, for periods prior to such registration date;

(c) licensed professional geologists whose first registration date following January 1, 2022 occurs prior to January 1, 2023, for periods prior to such registration date; and

(d) licensees who are not engaged in the practice of engineering, land surveying or geology 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 as a professional engineer or professional geologist shall complete at least 36 hours of continuing education acceptable to the department, and an applicant for registration as a land surveyor shall complete at least 24 hours of continuing education acceptable to the department, as defined in paragraph (3) of this subdivision . At least one hour of such continuing education shall be in professional ethics and no more than six continuing education hours completed during one triennial registration period may be transferred to a subsequent triennial registration period . Any licensed professional geologist whose first registration date following January 1, 2022 occurs less than three years from that date, but on or after January 1, 2023, 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, 2022 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2023 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 licensed professional engineers.

(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 or designated management or confidential pursuant to article 14 of the Civil Service Law 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 (i)(a) and (b) of this paragraph shall be required to complete acceptable continuing education, as defined in paragraph (4) 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) Requirement for certain licensed professional geologists.

(i) In accordance with section 7211 (1)(e) 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) Prior to January 1, 2022, 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 geology and is represented by a collective bargaining unit or designated management or confidential pursuant to article 14 of the Civil Service Law 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, 2022, has not otherwise practiced geology 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, 2023, has not practiced geology in New York State in any other capacity outside of employment in a position described in clause (a) of this subparagraph.

(4) 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 mean courses of learning and educational activities in architecture, engineering, interior design, land surveying, landscape architecture and geology that may contribute to professional practice in engineering, land surveying and/or geology as such practice is defined in sections 7201, 7203 and 7204-a 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 may 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:

(1) preparing and teaching a course offered by a sponsor of continuing education to professional engineers, land surveyors and/or professional geologists 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 may be up to two additional hours for each hour of presentation;

(2) authoring a peer-reviewed article, map, or other document published by a governmental, academic or research entity in a journal, book or digital format . 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 an organization that is a sponsor of continuing education to professional engineers, land surveyors and/or professional geologists, 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 may be up to two additional hours for each hour taught;

(4) obtaining a patent related to the practice of engineering, land surveying and/or geology . A licensee shall receive nine continuing education hours for each patent granted on an invention during the registration period.

(5) completing educational activities, meaning structured study, including, but not limited to, self-study programs, 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;

(6) completing an educational tour, meaning a structured tour of an instructional nature provided by a sponsor approved pursuant to subdivision (i) of this section; and

(7) serving on any committee or task force that addresses technical and/or regulatory issues relating to the professional practice of engineering, land surveying and/or geology, provided that such committee or task force has been established by a governmental entity or other entity determined by the department, with assistance from the State Board for Engineering, Land Surveying and Geology, to be acceptable. Continuing education hours that may be credited for this activity shall be one hour of credit for every two hours of service while engaged in activities directly related to professional practice. To be acceptable for continuing education credit, such service must be certified in writing by an authorized individual within the committee or task force and approved by the department. No more than nine hours of such continuing education may be included during each registration period.

(d) Renewal of registration. At each re-registration, licensed professionals 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 who returns to practice after a lapse in practice in which the licensee was not registered to practice in New York State 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;

(ii) one hour of acceptable continuing education for each month of lapsed registration up to a maximum of 12 hours, which shall be completed in the 12 months before the beginning of 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;

(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

(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 services consistent with the licensee's practice.

(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 professionals in the form of courses of learning or educational activities shall meet the requirements of either paragraph (2), (3) or (4) of this subdivision.

(2) The department shall deem approved as a sponsor of continuing education to licensed professionals in the form of courses of learning or educational activities :

(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 The Shaw Fund, or The New York State Council of Professional Geologists or an equivalent organization determined by the department with assistance from the State Board for Engineering, Land Surveying and Geology 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;

(ii) a postsecondary 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 ; or

(iii) a sponsor of continuing education that is approved by a licensing authority or agency of another jurisdiction under standards substantially equivalent to those of the Department.

(3) Department review of sponsors.

(i) The department shall conduct a review of sponsors that apply for approval to offer continuing education to licensed professionals in the form of courses of learning or educational activities that are not deemed approved pursuant to the requirements of paragraph (2) or (3) of this subdivision.

(ii) Organizations desiring to offer courses of learning or educational activities based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision (j) 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 educational activities in one or more of the subjects prescribed for acceptable continuing education in subparagraph (c) (4) (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 professional design 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, land surveying or geology accredited by an acceptable accrediting agency; or instructors who are specially qualified authorities in engineering, land surveying or geology as determined by the department with assistance from the State Board for Engineering, Land Surveying and Geology, 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 professionals in the course if a course, a record of participation of licensed professionals in the educational activities if an educational activity, 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, land surveying or geology in New York State, except for those exempt from the requirement pursuant 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, land surveyors or professional geologists 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, land surveyors or professional geologists in the form of courses of learning or educational activities . Application for a three-year renewal of the permit shall be accompanied by a fee of $900.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 68.14

Renumbered from 68.11 New York State Register July 27, 2016/Volume XXXVIII, Issue 30, eff. 11/21/2016

Amended New York State Register December 29, 2021/Volume XLIII, Issue 52, eff. 12/29/2021