§ 7308 — Mandatory continuing education for architects

§ 7308. Mandatory continuing education for architects. 1. (a) Each\nlicensed architect required under this article to register triennially\nwith the department to practice in the state shall comply with\nprovisions of the mandatory continuing education requirements prescribed\nin subdivision two of this section except as set forth in paragraphs (b)\nand (c) of this subdivision. Architects who do not satisfy the mandatory\ncontinuing education requirements shall not practice until they have met\nsuch requirements, and have been issued a registration certificate,\nexcept that an architect may practice without having met such\nrequirements if he or she is issued a conditional registration\ncertificate pursuant to subdivision three of this section.\n (b) In accord with the intent of this section, an adjustment and/or\nexemption to the mandatory continuing education requirement may be\ngranted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n (c) A licensed architect not engaged in practice as determined by the\ndepartment, 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 architecture\nduring the triennial registration period shall notify the department\nprior to reentering the profession and shall meet such mandatory\neducation requirements as shall be prescribed by regulations of the\ncommissioner.\n 2. During each triennial registration period an applicant for\nregistration shall complete a minimum of thirty-six hours of acceptable\ncontinuing education, as specified in subdivision four of this section,\nprovided that a minimum of twenty-four hours of such continuing\neducation shall be in the areas of health, safety and welfare. Any\narchitect whose first registration date following the effective date of\nthis section occurs less than three years from such effective date, but\non or after January first, two thousand one, shall complete continuing\neducation hours on a prorated basis at the rate of one hour per month\nfor the period beginning January first, two thousand up to the first\nregistration date thereafter. A licensee who has not satisfied the\nmandatory continuing education requirements shall not be issued a\ntriennial registration certificate by the department and shall not\npractice unless and until a conditional registration certificate is\nissued as provided for in subdivision three of this section. With the\nexception of continuing education hours taken during the registration\nperiod immediately preceding the effective date of this section, no more\nthan six continuing education hours taken during one triennium may be\ntransferred 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 architecture without such registration, may\nbe subject to disciplinary proceedings pursuant to section sixty-five\nhundred 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\narchitecture and which meet the standards prescribed by regulations of\nthe commissioner. Completing courses of learning and educational\nactivities that fall within the scope of practice of another licensed\nprofession does not authorize the licensed architect to lawfully\npractice a profession that they are not authorized to practice as\ndefined in section seventy-three hundred one of this article. The\ndepartment may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\neducation courses in specific subjects.\n 5. Architects shall maintain adequate documentation of completion of\nacceptable continuing education and educational activities and shall\nprovide 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 fee required by section seventy-three hundred four of this\narticle.\n