Continuing Professional Competency for Engineers
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Professional licensure laws are intended to promote public
safety by requiring prospective licensees to satisfy minimum education,
examination, and experience requirements.
Mandatory continuing education is intended to augment initial licensing
laws by requiring licensees to stay abreast of both technical and ethical
changes in practice.
The
National Society of Professional Engineers (NSPE), our national affiliate,
provided considerable input into the development of the current model endorsed
by the National Council of Examiners for Engineering and Surveying (NCEES). The purpose for this model is to maintain
uniformity amongst the states that have implemented continuing professional
competency mandates for Professional Engineers. The law mirrors this model in many ways, however in order to
stay consistent with other professional statutes pertaining to continuing
education in New York State, some modifications have been made.
The minimum requirement is 36 professional education credits per each
triennial registration period. The NYS Education Department
will prescribe acceptable activities by adopting regulations to implement the law. A $45 triennial fee paid by
the licensees will offset costs associated with implementing a continuing
education program in New York.
To facilitate the
eventuality of mandatory continuing education requirements, NYSSPE formed the
Practicing Institute of Engineering, Inc., which was chartered under the Board
of Regents in 1981. This entity was
formed in recognition of the importance of providing an economical and easily
accessible forum for continuing education opportunities for engineers in New
York State. Its purpose is to accredit
those activities that the NYS Education Department finds suitable for
continuing education credits.
The Regulations have been finalized by the NYS Education Department and are published in the New York State Register. The regulations can also be viewed at http://www.op.nysed.gov/part68.htm
LAWS OF NEW YORK, 2002
CHAPTER 146
AN ACT to amend the education law, in relation to mandatory continuing
education for licensed professional engineers
Became a law July 23, 2002, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. The education law is amended by adding a new section 7211
to read as follows:
§ 7211. Mandatory continuing education for professional engineers. 1.
(a) Each licensed professional engineer required under this article to
register triennially with the department to practice in this state shall
comply with provisions of the mandatory continuing education require-
ments prescribed in subdivision two of this section except as set forth
in paragraphs (b) and (c) of this subdivision. Professional engineers
who do not satisfy the mandatory continuing education requirements shall
not practice until they have met such requirements, and have been issued
a registration certificate, except that a professional engineer may
practice without having met such requirements if he or she is issued a
conditional registration certificate pursuant to subdivision three of
this section.
(b) Professional engineers shall be exempt from the mandatory continu-
ing education requirement for the triennial registration period during
which they are first licensed. In accordance with the intent of this
section, adjustment to the mandatory continuing education requirement
may be granted by the department for reasons of health certified by an
appropriate health care professional, for extended active duty with the
armed forces of the United States, or for other good cause acceptable to
the department which may prevent compliance.
(c) A licensed professional engineer not engaged in practice as deter-
mined by the department, shall be exempt from the mandatory continuing
education requirement upon the filing of a statement with the department
declaring such status. Any licensee who returns to the practice of
professional engineering during the triennial registration period shall
notify the department prior to reentering the profession and shall meet
such mandatory education requirements as shall be prescribed by regu-
lations of the commissioner.
(d) Professional engineers directly employed on a full time basis by
the state of New York, its agencies, public authorities, public benefit
corporations or local governmental units prior to January first, two
thousand four and who are represented by a collective bargaining unit,
at all times when so employed shall be deemed to have satisfied the
continuing education requirements of this section, provided however that
any such licensees who thereafter leave such employment and enter the
practice of professional engineering in other capacities in New York, or
otherwise engage in such practice, shall satisfy the requirements of
EXPLANATION--Matter
in italics is new; matter in
brackets [ ] is old law
to be omitted.
CHAP. 146 2
this section in such manner as shall be prescribed by regulations of the
commissioner.
2. During each triennial registration period an applicant for regis-
tration shall complete a minimum of thirty-six hours of acceptable
continuing education, as specified in subdivision four of this section,
provided that no more than eighteen hours of such continuing education
may consist of non-course activities. Any professional engineer whose
first registration date following the effective date of this section
occurs less than three years from such effective date, but on or after
January first, two thousand five, shall complete continuing education
hours on a prorated basis at the rate of one hour per month for the
period beginning January first, two thousand four up to the first regis-
tration date thereafter. A licensee who has not satisfied the mandatory
continuing education requirements shall not be issued a triennial regis-
tration certificate by the department and shall not practice unless and
until a conditional registration certificate is issued as provided for
in subdivision three of this section. With the exception of continuing
education hours taken during the registration period immediately preced-
ing the effective date of this section, continuing education hours taken
during one triennium may not be transferred to a subsequent triennium.
3. The department, in its discretion, may issue a conditional regis-
tration to a licensee who fails to meet the continuing education
requirements established in subdivision two of this section but who
agrees to make up any deficiencies and complete any additional education
which the department may require. The fee for such a conditional regis-
tration shall be the same as, and in addition to, the fee for the trien-
nial registration. The duration of such conditional registration shall
be determined by the department but shall not exceed one year. Any
licensee who is notified of the denial of registration for failure to
submit evidence, satisfactory to the department, of required continuing
education and who practices professional engineering without such regis-
tration, may be subject to disciplinary proceedings pursuant to section
sixty-five hundred ten of this title.
4. As used in subdivision two of this section, "acceptable continuing
education" shall mean courses of learning and educational activities
which contribute to professional practice in professional engineering
and which meet the standards prescribed by regulations of the commis-
sioner. The department may, in its discretion and as needed to contrib-
ute to the health and welfare of the public, require the completion of
continuing education courses in specific subjects.
5. Professional engineers shall maintain adequate documentation of
completion of acceptable continuing education and educational activities
and shall provide such documentation at the request of the department.
6. The mandatory continuing education fee shall be forty-five dollars,
shall be payable on or before the first day of each triennial registra-
tion period, and shall be paid in addition to the triennial registration
fee required by section seventy-two hundred six of this article.
§ 2. This act shall take effect January 1, 2004; provided that any
rules and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be promulgated,
repealed and/or amended by such effective date.
3 CHAP. 146
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
JOSEPH L. BRUNO SHELDON SILVER
Temporary President
of the Senate Speaker
of the Assembly