Continuing Education of Land Surveyors and Engineers.
Purpose:
Requires mandatory continuing education in ethics for Engineers and Land Surveyors.
Text of proposed rule:
1. Subparagraph (i) of paragraph (1) of subdivision (c) of section 68.11 of the Regulations of the Commissioner of Education is amended, effective July 15, 2011, as follows:
(i) During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 36 hours of continuing education acceptable to the department, as defined in paragraph (3) of this subdivision, provided that at least 18 hours of such continuing education shall be in courses of learning, [and] no more than 18 hours of such continuing education shall be in other educational activities as prescribed in paragraph (3) of this subdivision, and at least one hour of such continuing education shall be in professional ethics. Any licensed professional engineer whose first registration date following January 1, 2004 occurs less than three years from that date, but on or after January 1, 2005, shall complete continuing education hours on a prorated basis at the rate of one hour of acceptable continuing education per month for the period beginning January 1, 2004 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2004 and ending before the first day of the new registration period or at the option of the licensee during any time in the previous registration period.
2. Clause (b) of subparagraph (ii) of paragraph (3) of subdivision (c) of section 68.11 of the Regulations of the Commissioner of Education is amended, effective July 15, 2011, as follows:
(b) Other educational activities. Acceptable continuing education shall be the following other educational activities, provided that no more than 18 hours of continuing education in a registration period shall consist of such other educational activities:
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) completing a self-study program, meaning structured study, provided by a sponsor approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, and other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students; [and]
(6) completing an educational tour, meaning a structured tour of an instructional nature provided by a sponsor approved pursuant to subdivision (i) of this section; and
(7) serving on any committee or task force that addresses technical and/or regulatory issues relating to the professional practice of engineering, provided that such committee or task force has been established by a governmental entity, professional association, or other entity determined by the department, with assistance from the State Board for Engineering and Land Surveying, to be acceptable. Continuing education hours that may be credited for this activity shall be one hour of credit for every two hours of service while engaged in activities directly related to professional practice. To be acceptable for continuing education credit, such service must be certified in writing by an authorized individual within the committee or task force and approved by the department. No more than nine hours of such continuing education may be included during each registration period.
3. Subparagraph (i) of paragraph (1) of subdivision (c) of section 68.12 of the Regulations of the Commissioner of Education is amended, effective July 15, 2011, as follows:
(i) During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 24 hours of continuing education acceptable to the department, as defined in paragraph (2) of this subdivision, provided that at least 16 hours of such continuing education shall be in courses of learning, [and] no more than eight hours of such continuing education shall be in other educational activities as prescribed in paragraph (2) of this subdivision, including but not limited to self-study programs, and at least one hour of such continuing education shall be in professional ethics. Any licensed land surveyor whose first registration date following January 1, 2004 occurs less than three years from that date, but on or after January 1, 2005, shall complete continuing education hours on a prorated basis at the rate of one hour of acceptable continuing education per month, up to a maximum of 24 continuing education hours, for the period beginning January 1, 2004 up to the first registration date thereafter. Such continuing education shall be completed during the period beginning January 1, 2004 and ending before the first day of the new registration period or at the option of the licensee during any time in the previous registration period.
4. Clause (b) of subparagraph (ii) of paragraph (2) of subdivision (c) of section 68.12 of the Regulations of the Commissioner of Education is amended, effective July 15, 2011, as follows:
(b) Other educational activities. Acceptable continuing education shall be the following other educational activities, provided that no more than eight hours of continuing education in a registration period shall consist of such other educational activities, including but not limited to self-study programs:
(1) . . .
(2) . . .
(3). . .
(4) . . .
(5) completing a self-study program, meaning structured study, provided by a sponsor approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, and other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students; [and]
(6) completing an educational tour, meaning a structured tour of an instructional nature provided by a sponsor approved pursuant to subdivision (i) of this section; and
(7) serving on any committee or task force that addresses technical and/or regulatory issues relating to the professional practice of land surveying, provided that such committee or task force has been established by a governmental entity, professional association, or other entity determined by the department, with assistance from the State Board for Engineering and Land Surveying, to be acceptable. Continuing education hours that may be credited for this activity shall be one hour of credit for every two hours of service while engaged in activities directly related to professional practice. To be acceptable for continuing education credit, such service must be certified in writing by an authorized individual within the committee or task force and approved by the department. No more than nine hours of such continuing education may be included during each registration period.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 474-3862, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Frank Munoz, Deputy Commissioner, Office of the Professions, State Education Department, 89 Washington Avenue, 2M, Albany, NY 12234, (518) 474-1941, email: opdepcom@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.
Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.
Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.
Subdivision (4) of section 7211 of the Education Law authorizes the Commissioner of Education to prescribe in regulations standards for mandatory continuing education for professional engineers.
Subdivision (4) of section 7212 of the Education Law authorizes the Commissioner of Education to prescribe in regulations standards for mandatory continuing education for land surveyors.
2. LEGISLATIVE OBJECTIVES:
The proposed amendments carry out the intent of the aforementioned statutes by establishing standards for acceptable continuing education requirements in the professions of land surveying and engineering as authorized by statute.
3. NEEDS AND BENEFITS:
The proposed amendments relate to the mandatory continuing education requirements for those individuals who are engaged in the practices of engineering and land surveying.
The proposed amendments to sections 68.11(c)(1)(i) and 68.12(c)(1)(i) of the Regulations of the Commissioner would require mandatory continuing education in ethics. Within each three-year registration period, licensees would be expected to earn at least one continuing education credit by participating in an approved continuing education course or "other educational activity" that focuses substantially on ethics relating to professional practice. The public engages design professionals because they trust that the practitioner will provide competent and independent professional services in an ethical manner. There is currently a renewed focus nationally on the core values of these professions, and this amendment will benefit the public by increasing the design professionals' knowledge of ethical standards for the professions.
The proposed amendments to sections 68.11(c)(3)(ii)(b) and 68.12(c)(2)(ii)(b) of the Regulations of the Commissioner would add an additional activity through which a licensee may meet the mandatory continuing education requirements. Individuals would be permitted to earn up to nine continuing education hours over a three-year registration period for professional service on a committee or task force that addresses technical and/or regulatory issues relating to the professional practice of engineering, provided that such committee or task force has been established by a governmental entity, professional association, or other entity determined by the department, with assistance from the State Board for Engineering and Land Surveying, to be acceptable. One hour of credit would be granted for every two hours of time spent in formal collaborative sessions of such committees, while engaged in activities directly related to professional practice, such as developing and interpreting industry standards and related technical information for code officials. To be acceptable for continuing education credit, such service would have to be certified in writing by an authorized individual within the organization. Such continuing education credits would be categorized as "other educational activities," which include all types of permitted continuing education other than courses of learning and cannot total more than 18 continuing education hours in any registration period. This change would more closely align the New York State requirements for mandatory continuing education with current national standards established by the National Council of Examiners for Engineering and Surveying.
4. COSTS:
(a) Costs to State government: The amendment will not impose any additional cost on State government. The State Education Department will continue to review documentation relating to the continuing education requirements. Existing staff and resources of the State Education Department will be used for these tasks.
(b) Costs to local government: None.
(c) Costs to private regulated parties: None. The proposed amendments will not impose any additional costs on the applicants for licensure in engineering and/or land surveying or licensees in these fields.
(d) Cost to the regulatory agency: As stated above in Costs to State Government, the proposed amendment does not impose costs on the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendments do not impose any program, service, duty or responsibility upon local governments.
6. PAPERWORK:
The proposed amendments do not impose any additional paperwork requirements on regulated parties.
7. DUPLICATION:
The proposed amendments do not duplicate other existing State or Federal requirements.
8. ALTERNATIVES:
There are no viable alternatives to the proposed amendments, and none were considered.
9. FEDERAL STANDARDS:
There are no Federal standards in the subject matter of the proposed amendments.
10. COMPLIANCE SCHEDULE:
The proposed amendments must be complied with on their effective date. No additional period of time is necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The proposed amendments set forth continuing education requirements applicable to individuals who are engaged in the practice of engineering or land surveying. The proposed amendments do not regulate small businesses or local governments. They establish requirements applicable to individuals who are licensed professionals.
Because it is evident from the nature of the proposed amendments they do not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one has not been prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed regulation will apply to the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. All 24,968 licensed professional engineers and all 1,482 licensed land surveyors who are registered to practice in New York would be subject to the requirements of the proposed regulation. Of these, 3,240 professional engineers and 609 land surveyors reported that their permanent address of record is in a rural county.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The Regulations of the Commissioner of Education would be amended to add another activity to those that a licensee may undertake to meet mandatory continuing education requirements in engineering and land surveying. This amendment permits the licensee to participate on certain committees or task forces that addresses technical and/or regulatory issues in New York State that influence the professional practice of engineering and land surveying. The Commissioner's Regulations would also be amended to require individuals licensed in engineering and land surveying to participate in at least one hour of continuing education study in professional ethics during each triennial registration period.
The proposed regulations do not impose a need for professional services and does not establish additional reporting or recordkeeping requirements.
3. COSTS:
The proposed regulations do not impose additional costs on applicants or licensees in professional engineering or land surveying, including those located in rural areas of New York State.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendments set forth continuing education requirements in the professions of engineering and land surveying. The amendments would provide additional flexibility in the types of activities in which such professionals may engage in order to satisfy their continuing education requirements. Because the proposed amendments establish requirements designed to ensure the competent practice of engineering and land surveying in New York State, the Department has determined that these requirements should apply to all licensed professional engineers and land surveyors, regardless of their geographic location. Because of the nature of the proposed regulations, alternative approaches for rural areas were not considered.
5. RURAL AREA PARTICIPATION:
Comments on the proposed amendment were solicited from statewide organizations representing all parties having an interest in the practice of engineering and land surveying. Included in this group were the State Board for Engineering and Land Surveying and professional associations representing the engineering and land surveying professions. These groups have members who live or work in rural areas.
Job Impact Statement
The proposed amendments set forth continuing education requirements applicable to individuals who are engaged in the practice of engineering and land surveying. It establishes continuing education standards in accordance with statutory directives, specifying acceptable continuing education that would meet the statutorily prescribed mandatory continuing education requirements. The proposed amendments will have no effect on the number of jobs and employment opportunities in land surveying, engineering or any other field.
Because it is evident from the nature of the proposed amendments that they will have no impact on jobs and employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
