The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10021--A
 
                           I N  A S S E M B L Y
 
                               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  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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:
 
   Section 1. Section 7211 of the education law, as added by chapter  146
 of  the  laws  of  2002,  paragraph  (d)  of subdivision 1 as amended by
 section 8 of part B of chapter 103 of the laws of 2004,  is  amended  to
 read as follows:
   §  7211.  Mandatory  continuing  education for professional engineers,
 LAND SURVEYORS AND  PROFESSIONAL  GEOLOGISTS.  1.    (a)  Each  licensed
 professional [engineer] required under this article to register trienni-
 ally  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. [Professional engineers]  LICENSED  PROFES-
 SIONALS  who  do not satisfy the mandatory continuing education require-
 ments shall not practice until they have met such requirements, and have
 been issued a registration certificate, except that a  LICENSED  profes-
 sional  [engineer]  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 GEOLO-
 GIST.
   (b) [Professional engineers] LICENSED PROFESSIONALS  shall  be  exempt
 from  the  mandatory  continuing education requirement for the triennial
 registration period during which they are first licensed. In  accordance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15389-03-0

 A. 10021--A                         2
 
 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  compli-
 ance.
   (c)  A  licensed  professional  [engineer]  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 prac-
 tice of [professional engineering] HIS  OR  HER  PROFESSION  during  the
 triennial registration period shall notify the department prior to reen-
 tering  the  profession and shall meet such mandatory education require-
 ments 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 four-
 teen 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  ARTI-
 CLE  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  regis-
 tration AS A PROFESSIONAL ENGINEER AND/OR A PROFESSIONAL GEOLOGIST shall
 complete  a  minimum of thirty-six hours of acceptable continuing educa-
 tion[,] AND AN APPLICANT FOR  REGISTRATION  AS  A  LAND  SURVEYOR  SHALL
 COMPLETE  A MINIMUM OF TWENTY-FOUR HOURS OF ACCEPTABLE CONTINUING EDUCA-
 TION as specified in subdivision four of this section[, provided that no
 more than eighteen hours of such continuing  education  may  consist  of
 non-course  activities].  Any  professional  [engineer]  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  five]  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 four] 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 trien-
 nial registration certificate by the department and shall  not  practice

 A. 10021--A                         3
 
 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  imme-
 diately preceding the effective date of this section, [continuing educa-
 tion hours taken during one triennium may not be transferred to a subse-
 quent  triennium]  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  regis-
 tration  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 regis-
 tration shall be the same as, and in addition to, the fee for the trien-
 nial 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  [professional  engineering]  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
 [which] 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. [Professional  engineers]  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 registra-
 tion period, and shall be paid in addition to the triennial registration
 [fee] FEES required  by  [section]  SECTIONS  seventy-two  hundred  six,
 SEVENTY-TWO  HUNDRED  SIX-A, AND SEVENTY-TWO HUNDRED SIX-B of this arti-
 cle.
   § 2. Section 7212 of the education law is REPEALED.
   § 3. This act shall take effect on January first, two  thousand  twen-
 ty-two.