N.Y. Education Law § 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.