2023 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,
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.