49 Pa. Code § 37.111 - Continuing education
(a) During
each biennial renewal period, a licensee shall complete 24 PDH units of
continuing education. A licensee who holds more than one license from the Board
shall complete the required amount of continuing education to renew each
license. A licensee who completes a continuing education activity applicable to
more than one class of license may apply the credit to each license held by the
licensee for which the course is applicable. Continuing education credit will
not be given for a course in practice building or office management.
(b) Except as necessary to comply with §
37.18(1)
(relating to reactivation of licensure status), carried over from the prior
biennium as permitted by section 4.5(c) of the act (63 P. S. §
151.5(c)), to correct a
deficiency as required under subsection (d) or as otherwise ordered by the
Board in a disciplinary action, continuing education may satisfy the
requirement of subsection (a) only for the biennium during which it was
completed. A PDH unit may not be used to satisfy the requirement of subsection
(a) for more than one biennium. Unless otherwise excused by the Board,
continuing education completed to reactivate the license as provided in §
37.18(1), to
correct a deficiency as required under subsection (d) or as otherwise ordered
by the Board in a disciplinary action is in addition to the continuing
education requirement for the biennium during which that activity is completed.
A licensee may not receive credit for more than one presentation of a
particular course or other specific activity in a given renewal
period.
(c) The requirement of
subsection (a) will first take effect during the October 1, 2009, through
September 30, 2011, biennial renewal period. A licensee who corrects all
deficiencies in continuing education during the 2009-2011 renewal cycle by
April 1, 2012, will not have a disciplinary sanction imposed as provided in
subsection (d) for having failed to complete the required amount of continuing
education by September 30, 2011.
(d) Unless otherwise excused by the act or
this chapter, failure to complete the minimum required amount of continuing
education during the applicable renewal period will subject the licensee to
discipline under section 11(b) of the act (63 P. S. §
158(b)) in accordance with
the schedule of civil penalties in §
43b.13a (relating to schedule of
civil penalties-engineers, land surveyors and geologists). Within 6 months
after the issuance of a citation under §
43b.13a for failure to complete
the required amount of continuing education, the licensee shall make up the
deficiency and provide proof of the entire required amount of continuing
education in section 4.5(f) of the act. In addition to any civil penalty
assessed under this subsection, failure to complete the required amount of
continuing education and to provide the Board with proof of completion of the
required amount of continuing education within 6 months after the issuance of a
citation under §
43b.13a for failure to complete
the required amount of continuing education shall subject the licensee to
disciplinary action under section 4(g) of the act (63 P. S. §
151(g)). This subsection
does not apply to a licensee who permitted the license to expire at the
conclusion of the biennial renewal period for which the licensee did not
complete the required amount of continuing education and did not practice the
profession prior to reactivating that license under §
37.18(1) upon a
demonstration that the licensee subsequently completed all required deficient
continuing education.
(e) A
licensee seeking exemption from the continuing education requirements as
provided in section 4.5(g)(1)(ii) of the act based upon physical disability,
illness or other extenuating circumstances shall submit the request with all
supporting documentation to the Board. The request must explain why the
licensee is not able to complete mandatory continuing education on time and why
exempting the licensee will not harm the public interest. The Board may take up
to 90 days to rule upon a request for exemption. An exemption may include
extending the deadline by which the required continuing education must be
completed. The Board will consider a request for exemption from a licensee who
has renewed the license, but a request for exemption may not be used to avoid a
disciplinary sanction under subsection (d).
(f) The Board will audit licensees to verify
compliance with continuing education requirements. A licensee who is being
audited shall fully respond to each request for information within 30 days of
the request or other time specified in the request.
(g) Each licensee shall maintain records
verifying completion of continuing education for 5 years after completion of
the activity. In any audit or disciplinary proceeding, the Board may infer from
a licensee's failure to maintain records as provided in this subsection that
the licensee did not complete the required continuing education.
Notes
The provisions of this § 37.111 issued under section 4.4 of the Engineer, Land, Surveyor and Geologist Registration Law (63 P. S. § 151.4).
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