N.Y. Education Law § 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) 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.

(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. 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.

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 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.

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.