NY Educ L § 7308 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 147 - Architecture 7308 - Mandatory Continuing Education for Architects.

§  7308.  Mandatory  continuing  education for architects. 1. (a) Each licensed architect required under this article to  register  triennially with  the  department  to  practice  in  the  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. Architects 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   an  architect  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)  Architects  shall  be  exempt  from  the  mandatory  continuing education requirement for the triennial registration period during which they are first licensed. In accord 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.   * NB Effective until May 3, 2023   * (b) In accord with the intent of this section, an adjustment  and/or exemption  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.   * NB Effective May 3, 2023  (c) A licensed architect 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  architecture 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.   * 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  a  minimum  of  twenty-four  hours  of  such  continuing education shall be in the areas of health, safety  and  welfare.  Up  to one-half  of  the  total  hours  of  continuing education may consist of non-course activities.  Any  architect  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  one,  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 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.   * NB Effective until May 3, 2023   * 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  a  minimum  of  twenty-four  hours  of  such  continuing education  shall  be  in  the  areas  of health, safety and welfare. Any architect  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 one, 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 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.   * NB Effective May 3, 2023   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 architecture 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 architecture 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.   * NB Effective until May 3, 2023   * 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  architecture  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 architect to lawfully practice a profession that they are not authorized to  practice  as  defined  in  section seventy-three hundred one of this article. 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.   * NB Effective May 3, 2023   5. Architects 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-three hundred four of  this article.