Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › CONTINUING EDUCATION › Section 37.111 - Continuing education

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During
					 each biennial renewal period, a licensee shall complete 24 PDH units of
					 continuing education. A licensee who holds more than one license from the Board
					 shall complete the required amount of continuing education to renew each
					 license. A licensee who completes a continuing education activity applicable to
					 more than one class of license may apply the credit to each license held by the
					 licensee for which the course is applicable. Continuing education credit will
					 not be given for a course in practice building or office management.
(b) Except as necessary to comply with §
											37.18(1)
					 (relating to reactivation of licensure status), carried over from the prior
					 biennium as permitted by section 4.5(c) of the act (63 P. S. §
												151.5(c)), to correct a
					 deficiency as required under subsection (d) or as otherwise ordered by the
					 Board in a disciplinary action, continuing education may satisfy the
					 requirement of subsection (a) only for the biennium during which it was
					 completed. A PDH unit may not be used to satisfy the requirement of subsection
					 (a) for more than one biennium. Unless otherwise excused by the Board,
					 continuing education completed to reactivate the license as provided in §
											37.18(1), to
					 correct a deficiency as required under subsection (d) or as otherwise ordered
					 by the Board in a disciplinary action is in addition to the continuing
					 education requirement for the biennium during which that activity is completed.
					 A licensee may not receive credit for more than one presentation of a
					 particular course or other specific activity in a given renewal
					 period.
(c) The requirement of
					 subsection (a) will first take effect during the October 1, 2009, through
					 September 30, 2011, biennial renewal period. A licensee who corrects all
					 deficiencies in continuing education during the 2009-2011 renewal cycle by
					 April 1, 2012, will not have a disciplinary sanction imposed as provided in
					 subsection (d) for having failed to complete the required amount of continuing
					 education by September 30, 2011.
(d) Unless otherwise excused by the act or
					 this chapter, failure to complete the minimum required amount of continuing
					 education during the applicable renewal period will subject the licensee to
					 discipline under section 11(b) of the act (63 P. S. §
												158(b)) in accordance with
					 the schedule of civil penalties in §
											43b.13a (relating to schedule of
					 civil penalties-engineers, land surveyors and geologists). Within 6 months
					 after the issuance of a citation under §
											43b.13a for failure to complete
					 the required amount of continuing education, the licensee shall make up the
					 deficiency and provide proof of the entire required amount of continuing
					 education in section
					 4.5(f) of the
					 act. In addition to any civil penalty assessed under this subsection, failure
					 to complete the required amount of continuing education and to provide the
					 Board with proof of completion of the required amount of continuing education
					 within 6 months after the issuance of a citation under §
											43b.13a for failure to complete
					 the required amount of continuing education shall subject the licensee to
					 disciplinary action under section 4(g) of the act (63 P. S. §
												151(g)). This subsection
					 does not apply to a licensee who permitted the license to expire at the
					 conclusion of the biennial renewal period for which the licensee did not
					 complete the required amount of continuing education and did not practice the
					 profession prior to reactivating that license under §
											37.18(1) upon a
					 demonstration that the licensee subsequently completed all required deficient
					 continuing education.
(e) A
					 licensee seeking exemption from the continuing education requirements as
					 provided in section
					 4.5(g)(1)(ii) of
					 the act based upon physical disability, illness or other extenuating
					 circumstances shall submit the request with all supporting documentation to the
					 Board. The request must explain why the licensee is not able to complete
					 mandatory continuing education on time and why exempting the licensee will not
					 harm the public interest. The Board may take up to 90 days to rule upon a
					 request for exemption. An exemption may include extending the deadline by which
					 the required continuing education must be completed. The Board will consider a
					 request for exemption from a licensee who has renewed the license, but a
					 request for exemption may not be used to avoid a disciplinary sanction under
					 subsection (d).
(f) The Board will
					 audit licensees to verify compliance with continuing education requirements. A
					 licensee who is being audited shall fully respond to each request for
					 information within 30 days of the request or other time specified in the
					 request.
(g) Each licensee shall
					 maintain records verifying completion of continuing education for 5 years after
					 completion of the activity. In any audit or disciplinary proceeding, the Board
					 may infer from a licensee's failure to maintain records as provided in this
					 subsection that the licensee did not complete the required continuing
					 education.
The provisions of this §
													37.111 issued under section
						  4.4 of the Engineer, Land,
						  Surveyor and Geologist Registration Law (63 P. S. §
														151.4).
This section cited in 49 Pa. Code §
													37.18 (relating to reactivation of
						  licensure status); and 49 Pa. Code §
													37.19 (relating to biennial
						  renewal of licensure status).