§ 7211 — Mandatory continuing education for professional engineers, land surveyors and professional geologists

§ 7211. Mandatory continuing education for professional engineers,\nland surveyors and professional geologists. 1. (a) Each licensed\nprofessional required under this article to register triennially with\nthe department to practice in this state shall comply with provisions of\nthe mandatory continuing education requirements prescribed in\nsubdivision two of this section except as set forth in paragraphs (b)\nand (c) of this subdivision. Licensed professionals who do not satisfy\nthe mandatory continuing education requirements shall not practice until\nthey have met such requirements, and have been issued a registration\ncertificate, except that a licensed professional may practice without\nhaving met such requirements if he or she is issued a conditional\nregistration certificate pursuant to subdivision three of this section.\nFor purposes of this section the term "licensed professional" shall mean\nany individual licensed under this article as a professional engineer,\nland surveyor or professional geologist.\n (b) Licensed professionals shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accordance with the intent of\nthis section, adjustment to the mandatory continuing education\nrequirement may be granted by the department for reasons of health\ncertified by an appropriate health care professional, for extended\nactive duty with the armed forces of the United States, or for other\ngood cause acceptable to the department which may prevent compliance.\n (c) A licensed professional not engaged in practice as determined by\nthe department shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the practice of his or her\nprofession during the triennial registration period shall notify the\ndepartment prior to reentering the profession and shall meet such\nmandatory education requirements as shall be prescribed by regulations\nof the commissioner.\n (d) Professional engineers directly employed on a full time basis by\nthe state of New York, its agencies, public authorities, public benefit\ncorporations or local governmental units prior to January first, two\nthousand four and who are represented by a collective bargaining unit or\nwho are designated managerial or confidential pursuant to article\nfourteen of the civil service law, at all times when so employed shall\nbe deemed to have satisfied the continuing education requirements of\nthis section, provided however that any such licensees who thereafter\nleave such employment and enter the practice of professional engineering\nin other capacities in New York, or otherwise engage in such practice,\nshall satisfy the requirements of this section in such manner as shall\nbe prescribed by regulations of the commissioner.\n (e) Professional geologists directly employed on a full-time basis by\nthe state of New York, its agencies, public authorities, public benefit\ncorporations or local governmental units prior to January first, two\nthousand twenty-two and who are represented by a collective bargaining\nunit or who are designated managerial or confidential pursuant to\narticle fourteen of the civil service law, at all times when so employed\nshall be deemed to have satisfied the continuing education requirements\nof this section, provided however that any such licensees who thereafter\nleave such employment and enter the practice of professional geology in\nother capacities in New York, or otherwise engage in such practice,\nshall satisfy the requirements of this section in such manner as shall\nbe prescribed by regulations of the commissioner.\n 2. During each triennial registration period an applicant for\nregistration as a professional engineer and/or a professional geologist\nshall complete a minimum of thirty-six hours of acceptable continuing\neducation and an applicant for registration as a land surveyor shall\ncomplete a minimum of twenty-four hours of acceptable continuing\neducation as specified in subdivision four of this section. Any\nprofessional geologist whose first registration date following the\neffective date of the chapter of the laws of two thousand twenty which\namended this section occurs less than three years from such effective\ndate, but on or after January first, two thousand twenty-three, shall\ncomplete continuing education hours on a prorated basis at the rate of\none hour per month for the period beginning January first, two thousand\ntwenty-two up to the first registration date thereafter. A licensee who\nhas not satisfied the mandatory continuing education requirements shall\nnot be issued a triennial registration certificate by the department and\nshall not practice unless and until a conditional registration\ncertificate is issued as provided for in subdivision three of this\nsection. With the exception of continuing education hours taken during\nthe registration period immediately preceding the effective date of this\nsection, no more than six continuing education hours taken during one\ntriennium may be transferred to a subsequent triennium.\n 3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices a licensed profession without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n 4. As used in subdivision two of this section, "acceptable continuing\neducation" shall mean courses of learning and educational activities in\narchitecture, engineering, interior design, land surveying, landscape\narchitecture and geology that may contribute to professional practice in\nprofessional engineering, land surveying and/or geology and which meet\nthe standards prescribed by regulations of the commissioner. Completing\ncourses of learning and educational activities that fall within the\nscope of practice of another licensed profession does not authorize the\nlicensed professional engineer, licensed land surveyor or licensed\nprofessional geologist to lawfully practice a profession that they are\nnot authorized to practice as defined in sections seventy-two hundred\none, seventy-two hundred three and seventy-two hundred four of this\ntitle. The department may, in its discretion and as needed to contribute\nto the health and welfare of the public, require the completion of\ncontinuing education courses in specific subjects.\n 5. Licensed professionals shall maintain adequate documentation of\ncompletion of acceptable continuing education and educational activities\nand shall provide such documentation at the request of the department.\n 6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fees required by sections seventy-two hundred six,\nseventy-two hundred six-a, and seventy-two hundred six-b of this\narticle.\n