NY Educ L § 7211 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 145 - Engineering, Land Surveying and Geology 7211 - Mandatory Continuing Education for Professional Engineers, Land Surveyors and Professional Geologists.

* §  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 requirements 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 continuing 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 determined  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 regulations 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 or who  are  designated  managerial  or  confidential  pursuant  to article fourteen of the civil service law, 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 this section in such manner  as  shall be prescribed by regulations of the commissioner.   2.   During  each  triennial  registration  period  an  applicant  for registration 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 registration  date  thereafter.  A  licensee  who  has not satisfied the mandatory continuing  education  requirements  shall  not  be  issued  a triennial  registration  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  preceding  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 registration 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 registration  shall  be the same as, and in addition to, the fee for the triennial 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 registration, 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 commissioner.  The  department  may,  in its discretion and as needed to contribute 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 registration  period,  and  shall  be  paid in addition to the triennial registration fee required by section seventy-two  hundred  six  of  this article.   * NB Effective until January 1, 2022   * §  7211.  Mandatory continuing education for professional engineers, land  surveyors  and  professional  geologists.  1.  (a)  Each  licensed professional  required  under  this article to register triennially with the department to practice in this state shall comply with provisions of the  mandatory   continuing   education   requirements   prescribed   in subdivision  two  of  this section except as set forth in paragraphs (b) and (c) of this subdivision. Licensed professionals 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 licensed professional  may  practice  without having  met  such  requirements  if  he  or  she is issued a conditional registration certificate pursuant to subdivision three of this  section. For purposes of this section the term "licensed professional" shall mean any  individual  licensed under this article as a professional engineer, land surveyor or professional geologist.  (b)  Licensed  professionals  shall  be  exempt  from  the   mandatory continuing  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 not engaged in practice as determined 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 his or her  profession 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  regulations 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 or who are  designated  managerial  or  confidential  pursuant  to  article fourteen  of  the civil service law, 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 this section in such manner as shall be prescribed by regulations of the commissioner.  (e) Professional geologists 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  twenty-two  and who are represented by a collective bargaining unit or who  are  designated  managerial  or  confidential  pursuant  to article fourteen of the civil service law, 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 geology  in other  capacities  in  New  York,  or otherwise engage in such practice, shall satisfy the requirements of this section in such manner  as  shall be prescribed by regulations of the commissioner.   2.   During  each  triennial  registration  period  an  applicant  for registration as a professional engineer and/or a professional  geologist shall  complete  a  minimum of thirty-six hours of acceptable continuing education and an applicant for registration as  a  land  surveyor  shall complete  a  minimum  of  twenty-four  hours  of  acceptable  continuing education  as  specified  in  subdivision  four  of  this  section.  Any professional  geologist  whose  first  registration  date  following the effective date of the chapter of the laws of two thousand  twenty  which amended  this  section  occurs less than three years from such effective date, but on or after January first, two  thousand  twenty-three,  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 twenty-two  up to the first registration date thereafter. A licensee who has not satisfied the mandatory continuing education requirements  shall not be issued a triennial registration 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 preceding the effective date of this section, no more than six continuing education hours  taken  during  one triennium may be transferred to a subsequent triennium.   3.  The  department,  in  its  discretion,  may  issue  a  conditional registration 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 registration  shall  be the same as, and in addition to, the fee for the triennial 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  a  licensed  profession  without  such registration, 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  in architecture,  engineering,  interior  design, land surveying, landscape architecture and geology that may contribute to professional practice in professional engineering, land surveying and/or geology and  which  meet the  standards prescribed by regulations of the commissioner. Completing courses of learning and educational  activities  that  fall  within  the scope  of practice of another licensed profession does not authorize the licensed professional  engineer,  licensed  land  surveyor  or  licensed professional  geologist  to lawfully practice a profession that they are not authorized to practice as defined in  sections  seventy-two  hundred one,  seventy-two  hundred  three  and  seventy-two hundred four of this title. The department may, in its discretion and as needed to contribute to the health and welfare of  the  public,  require  the  completion  of continuing education courses in specific subjects.   5.  Licensed  professionals  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 registration  period,  and  shall  be  paid in addition to the triennial registration  fees  required  by  sections  seventy-two   hundred   six, seventy-two  hundred  six-a,  and  seventy-two  hundred  six-b  of  this article.   * NB Effective January 1, 2022