Bill Text: NY A10021 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to continuing education for professional engineers, land surveyors and professional geologists; relates to mandatory continuing education for land surveyors.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2020-11-11 - signed chap.260 [A10021 Detail]

Download: New_York-2019-A10021-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          10021

                   IN ASSEMBLY

                                      March 4, 2020
                                       ___________

        Introduced  by  M.  of A. ENGLEBRIGHT, CARROLL, SIMON, JAFFEE, WILLIAMS,
          BLAKE, SEAWRIGHT, L. ROSENTHAL, HYNDMAN -- Multi-Sponsored by -- M. of
          A.  BUTTENSCHON -- read once and referred to the Committee  on  Higher
          Education

        AN  ACT  to amend the education law, in relation to continuing education
          for professional engineers, land  surveyors  and  professional  geolo-
          gists;  and  to  repeal  section 7212 of the education law relating to
          mandatory continuing education for land surveyors

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 7211 of the education law, as added by chapter 146
     2  of the laws of 2002, paragraph  (d)  of  subdivision  1  as  amended  by
     3  section  8  of  part B of chapter 103 of the laws of 2004, is amended to
     4  read as follows:
     5    § 7211. Mandatory continuing  education  for  professional  engineers,
     6  land  surveyors  and  professional  geologists.  1.    (a) Each licensed
     7  professional engineer required under this article to register triennial-
     8  ly with the department to practice  in  this  state  shall  comply  with
     9  provisions of the mandatory continuing education requirements prescribed
    10  in subdivision two of this section except as set forth in paragraphs (b)
    11  and  (c)  of this subdivision. [Professional engineers] Licensed profes-
    12  sionals who do not satisfy the mandatory continuing  education  require-
    13  ments shall not practice until they have met such requirements, and have
    14  been  issued  a registration certificate, except that a licensed profes-
    15  sional [engineer] may practice without having met such  requirements  if
    16  he  or  she is issued a conditional registration certificate pursuant to
    17  subdivision three of this section. For purposes of this section the term
    18  "licensed professional" shall mean any individual  licensed  under  this
    19  article as a professional engineer, land surveyor or professional geolo-
    20  gist.
    21    (b)  [Professional  engineers]  Licensed professionals shall be exempt
    22  from the mandatory continuing education requirement  for  the  triennial
    23  registration  period during which they are first licensed. In accordance
    24  with the intent of this section, adjustment to the mandatory  continuing

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15389-01-0
        A. 10021                            2

     1  education  requirement  may  be granted by the department for reasons of
     2  health  certified  by  an  appropriate  health  care  professional,  for
     3  extended  active duty with the armed forces of the United States, or for
     4  other  good cause acceptable to the department which may prevent compli-
     5  ance.
     6    (c) A licensed professional [engineer]  not  engaged  in  practice  as
     7  determined  by  the  department[,]  shall  be  exempt from the mandatory
     8  continuing education requirement upon the filing of a statement with the
     9  department declaring such status. Any licensee who returns to the  prac-
    10  tice  of  [professional  engineering]  his  or her profession during the
    11  triennial registration period shall notify the department prior to reen-
    12  tering the profession and shall meet such mandatory  education  require-
    13  ments as shall be prescribed by regulations of the commissioner.
    14    (d)  Professional  engineers directly employed on a full time basis by
    15  the state of New York, its agencies, public authorities, public  benefit
    16  corporations  or  local  governmental  units prior to January first, two
    17  thousand four and who are represented by a collective bargaining unit or
    18  who are designated managerial or confidential pursuant to article  four-
    19  teen  of  the  civil service law, at all times when so employed shall be
    20  deemed to have satisfied the continuing education requirements  of  this
    21  section,  provided  however that any such licensees who thereafter leave
    22  such employment and enter the practice of  professional  engineering  in
    23  other  capacities  in  New  York,  or otherwise engage in such practice,
    24  shall satisfy the requirements of this section in such manner  as  shall
    25  be prescribed by regulations of the commissioner.
    26    (e)  Professional geologists directly employed on a full-time basis by
    27  the state of New York, its agencies, public authorities, public  benefit
    28  corporations  or  local  governmental  units prior to January first, two
    29  thousand twenty-two and who are represented by a  collective  bargaining
    30  unit  or who are designated managerial or confidential pursuant to arti-
    31  cle fourteen of the civil service law, at all  times  when  so  employed
    32  shall  be deemed to have satisfied the continuing education requirements
    33  of this section, provided however that any such licensees who thereafter
    34  leave such employment and enter the practice of professional geology  in
    35  other  capacities  in  New  York,  or otherwise engage in such practice,
    36  shall satisfy the requirements of this section in such manner  as  shall
    37  be prescribed by regulations of the commissioner.
    38    2.  During  each triennial registration period an applicant for regis-
    39  tration as a professional engineer and/or a professional geologist shall
    40  complete a minimum of thirty-six hours of acceptable  continuing  educa-
    41  tion[,]  and  an  applicant  for  registration  as a land surveyor shall
    42  complete a minimum of twenty-four hours of acceptable continuing  educa-
    43  tion as specified in subdivision four of this section[, provided that no
    44  more  than  eighteen  hours  of such continuing education may consist of
    45  non-course activities].  Any  professional  [engineer]  geologist  whose
    46  first  registration  date following the effective date of the chapter of
    47  the laws of two thousand twenty which amended this section  occurs  less
    48  than  three  years  from  such  effective date, but on or after [January
    49  first, two thousand five]  January  first,  two  thousand  twenty-three,
    50  shall  complete  continuing  education  hours on a prorated basis at the
    51  rate of one hour per month for the period beginning [January first,  two
    52  thousand  four]  January  first, two thousand twenty-two up to the first
    53  registration date thereafter. A  licensee  who  has  not  satisfied  the
    54  mandatory continuing education requirements shall not be issued a trien-
    55  nial  registration  certificate by the department and shall not practice
    56  unless and until a conditional registration  certificate  is  issued  as
        A. 10021                            3

     1  provided for in subdivision three of this section. With the exception of
     2  continuing  education  hours  taken during the registration period imme-
     3  diately preceding the effective date of this section, [continuing educa-
     4  tion hours taken during one triennium may not be transferred to a subse-
     5  quent  triennium]  no  more  than  six  continuing education hours taken
     6  during one triennium may be transferred to a subsequent triennium.
     7    3. The department, in its discretion, may issue a  conditional  regis-
     8  tration  to  a  licensee  who  fails  to  meet  the continuing education
     9  requirements established in subdivision two  of  this  section  but  who
    10  agrees to make up any deficiencies and complete any additional education
    11  which  the department may require. The fee for such a conditional regis-
    12  tration shall be the same as, and in addition to, the fee for the trien-
    13  nial registration. The duration of such conditional  registration  shall
    14  be  determined  by  the  department  but  shall not exceed one year. Any
    15  licensee who is notified of the denial of registration  for  failure  to
    16  submit  evidence, satisfactory to the department, of required continuing
    17  education  and  who  practices  [professional  engineering]  a  licensed
    18  profession  without  such  registration,  may be subject to disciplinary
    19  proceedings pursuant to section sixty-five hundred ten of this title.
    20    4. As used in subdivision two of this section, "acceptable  continuing
    21  education"  shall  mean  courses  of learning and educational activities
    22  [which] in architecture, engineering, interior design,  land  surveying,
    23  landscape  architecture  and geology that may contribute to professional
    24  practice in professional engineering, land surveying and/or geology  and
    25  which  meet the standards prescribed by regulations of the commissioner.
    26  Completing courses of learning  and  educational  activities  that  fall
    27  within  the  scope  of  practice of another licensed profession does not
    28  authorize the licensed professional engineer, licensed land surveyor  or
    29  licensed  professional  geologist to lawfully practice a profession that
    30  they are not authorized to practice as defined in  sections  seventy-two
    31  hundred  one,  seventy-two hundred three and seventy-two hundred four of
    32  this title. The department may, in  its  discretion  and  as  needed  to
    33  contribute  to  the  health  and  welfare  of  the  public,  require the
    34  completion of continuing education courses in specific subjects.
    35    5. [Professional  engineers]  Licensed  professionals  shall  maintain
    36  adequate  documentation of completion of acceptable continuing education
    37  and educational activities and shall provide such documentation  at  the
    38  request of the department.
    39    6. The mandatory continuing education fee shall be forty-five dollars,
    40  shall  be payable on or before the first day of each triennial registra-
    41  tion period, and shall be paid in addition to the triennial registration
    42  [fee] fees required  by  [section]  sections  seventy-two  hundred  six,
    43  seventy-two  hundred  six-a, and seventy-two hundred six-b of this arti-
    44  cle.
    45    § 2. Section 7212 of the education law is REPEALED.
    46    § 3. This act shall take effect on January first, two  thousand  twen-
    47  ty-two.