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PA Bulletin, Doc. No. 09-802

PROPOSED RULEMAKING

STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS

[ 49 PA. CODE CH. 37 ]

Continuing Education

[39 Pa.B. 2218]
[Saturday, May 2, 2009]

   The State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board) proposes to amend §§ 37.1, 37.17 and 37.18 (relating to definitions; schedule of examination fees; and reactivation of licensure status) and to add § 37.19 (relating to biennial renewal of licensure status) and §§ 37.111--37.115 (relating to continuing education), to read as set forth in Annex A.

Effective Date

   The amendments will be effective upon publication of the final-form regulations in the Pennsylvania Bulletin. The Board anticipates that licensees will first be required to complete continuing education during the September 1, 2009, through August 31, 2011, biennial renewal period.

Statutory Authority

   This proposed rulemaking is authorized under sections 4(l) and 4.5(a) of the Engineer, Land Surveyor and Geologist Registration Law (act) (63 P. S. §§ 151.4(l) and 151.4.5 (a)).

Background and Need for the Amendment

   Act 170 of 2006 added to the act section 4.5 regarding mandatory continuing education. Section 4.5(a) of the act (63 P. S. § 151.4.5(a)) requires licensees to complete 24 hours of mandatory continuing education during each biennial renewal period as a condition of license renewal and requires the Board to promulgate regulations to enforce the continuing education requirement.

Description of the Proposed Amendments

Proposed § 37.1 (relating to definitions)

   Existing § 37.1 would be amended to include definitions of additional terms used in the continuing education regulations. First, an hour of continuing education would be defined as 60 minutes of actual instruction in an approved course.

   Section 4.5(e) of the act prohibits credit being given for any course in practice building, but the act does not define this term. Proposed § 37.1 would define the term ''practice building'' as marketing or any other activity having as its primary purpose increasing the business volume or revenue of a licensee or employer and does not involve the practice of engineering, land surveying or geology, as defined in section 2 of the act. However, section 2 of the act (63 P. S. § 149) defines the practice of land surveying to include ''procuring or attempting to procure land surveying work'' and managing any business that solicits or practices land surveying. The Board has included this activity, along with analogous activity by engineers or geologists, in the definition of ''practice building.''

Proposed § 37.17 (relating to schedule of fees)

   Section 37.17 would be amended to provide that the fee to review an application for continuing education course approval, as described in proposed § 37.114 (relating to approval of continuing education courses) is $100. The fee was determined as the amount necessary to recover the Board's cost of providing the service.

Proposed § 37.18 (relating to reactivation of licensure status)

   The proposed rulemaking would amend § 37.18(1) to require that a licensee applying to reactivate licensure status include proof of completion of mandatory continuing education during the prior biennium. Because continuing education is generally required as a condition of renewal, a licensee who has not completed the mandatory continuing education may, without any penalty, permit his license and registration to become inactive until the licensee completes the required amount of continuing education. Proposed § 37.18(1) would permit of a licensee seeking reactivation to complete the required continuing education during the current biennium, an exception to the general rule of proposed § 37.111(b) regarding continuing education may satisfy the credit hour requirements only for the biennium in which it was completed. Notwithstanding proposed § 37.111(d) (licensee who fails to complete mandatory continuing education may renew but must pay a civil penalty and complete the required amount of continuing education within 6 months, providing to the Board proof of completion), reactivation would not be granted until the licensee completes the required continuing education of the prior biennium.

Proposed § 37.19 (relating to biennial renewal of licensure status)

   The Board's current regulations do not include any provisions for biennial renewal of registration. The proposed rulemaking would add § 37.19 to set forth standard provisions for licensure renewal. Proposed § 37.19(a) would set the expiration date of each biennial renewal period as September 30 of each odd-numbered year and require licensees to renew each biennial period to be permitted to practice. Proposed § 37.19(b) would require a licensee to notify the Board of the licensee's current address and note that, although the Board will send renewal documentation to the address of record, it is the licensee's responsibility to renew the license. A licensee may renew online or submit a written, paper application for renewal. Proposed § 37.19(c) would require each licensee, in applying to renew, to complete and submit the application with the required fee, disclose any other license to practice engineering, land surveying or geology, and disclose any disciplinary action taken or pending in any other jurisdiction by an appropriate licensing authority.

   Specific to continuing education, proposed § 37.19(c)(4) would require the licensee to verify that the licensee has complied with the continuing education requirements or acknowledge that the licensee will be subject to the sanctions of proposed § 37.114(d).

Proposed § 37.111 (relating to credit hour requirements)

   The proposed rulemaking would add § 37.111 to set forth the general credit hour requirements. In proposed § 37.111(a), each licensee would be required to complete at least 24 hours of approved continuing education. A licensee who holds multiple licenses would have to complete the required amount of continuing education for each license. However, if a licensee completes continuing education that is appropriate to more than one licensure class, the credit could be applied to all licenses for which the course is appropriate. Under proposed § 37.111(b), continuing education could only be applied to satisfy the requirement for the biennial period in which it was earned. However, credits made up in order to reactivate an expired license or upon Board order for missed credits may be applied to the prior biennium instead of the current biennium. Credit, of course, could not be applied more than once. Proposed § 37.111(c) would set the initial obligation to complete continuing education with the October 1, 2009, through September 30, 2011, biennial renewal period.

   Under proposed § 37.111(d), a licensee who has not completed the required amount of continuing education would be required to pay a civil penalty under 49 Pa. Code § 43b.13a (related to schedule of civil penalties--engineers, land surveyors and geologists). The civil penalty schedule for continuing education violations (first offense) will be promulgated by the Commissioner of Professional and Occupational Affairs in a separate rulemaking package. See 39 Pa.B. 2210 (May 2, 2009). Second or subsequent offenses will subject the licensee to discipline under section 4(g) of the act (63 P. S. § 151(g), which authorizes the Board to discipline a licensee for violating the act or a regulation of the Board. A licensee who did not complete the required amount of continuing education would be required to complete the entire amount of mandatory continuing education and provide the Board with proof within 6 months.

   Section 4.5(c) of the act (63 P. S. § 151.4.5(c)) provides that a licensee may request a waiver of the continuing education requirement due to demonstrated hardship, such as serious illness or military service. The request must be in writing, with appropriate documentation attached, and show why the licensee is unable to comply with the continuing education requirement. The Board must consider each request on a case-by-case basis and notify the licensee in writing of its decision. Because the statute addresses all substantive requirements, proposed § 37.111(e) would only require that the request be submitted at least 90 days in advance of the end of the renewal period and note that the waiver may include extending the deadline to complete the required continuing education.

Proposed § 37.112 (relating to reporting completion of continuing education)

   Under proposed § 37.112(a), a licensee could prove completion of a continuing education course through a certified continuing education record, as proposed § 37.115(a)(6) requires the provider to issue to the attendee. Proposed § 37.112(b) would require licensees to maintain proof of completion of the continuing education for 5 years. In proposed § 37.112(c), the Board announces that it will verify compliance with the continuing education requirements by auditing licensees.

Proposed § 37.113 (relating to credit for approved continuing education)

   Proposed § 37.113 sets forth the types of courses for which a licensee may obtain credit. Under proposed § 37.113(a), credit is only available for courses either preapproved by the Board under proposed § 37.114(a) (application not required) or explicitly approved by the Board. Proposed § 13.113(b) would permit credit for continuing education in any course on any subject matter falling within the definitions of the practice of engineering, land surveying or geology in section 2 of the act, as appropriate to the license. As prohibited by section 4.5(e) of the act, credit may not be earned in any course in practice building or office management. Under proposed § 37.113(c), credit may be awarded to an attendee for only one presentation of a particular course during a given renewal period. However, proposed § 37.113(d) would permit an instructor of continuing education to receive credit for attending the course and also to receive credit for preparing for the course--not to exceed the amount of credit available for attending. Proposed § 37.113(e) would prohibit continuing education credit for authoring an article, participating in a professional society or obtaining a patent.

Proposed § 37.114 (relating to approval of continuing education courses)

   Section 4.5(e) of the act requires that ''all courses, locations, instructors and providers of mandatory continuing education shall be approved by the Board.'' The Board anticipates that, for its approximately 37,000 licensees each taking 24 hours of continuing education in each renewal period, between 7,500 and 10,000 courses, will be offered for licensees each year. Because the Board does not have the resources to evaluate in full this large a number of courses in advance, while still complying with the statutory commandment to approve courses and the like, proposed § 37.114(a) would relieve from the obligation to apply for approval courses offered by various pre-approved providers, so long as the course is in appropriate subject matter and the course provider issues to each attending licensee a certified continuing education record. The list of preapproved courses/providers includes: advanced level courses offered by those programs whose graduates would qualify to sit for the various licensure examinations; graduate level courses in engineering, land surveying or geology; courses offered by accredited colleges or universities that are designed for continuing education, rather than qualification for licensure; courses offered by providers certified by an organization approved by the United States Department of Education to certify providers of continuing education; courses offered or approved by professional licensing authorities or organizations of professional licensing authorities; courses offered by agencies of the Federal government; courses offered by agencies of the various state governments; courses offered by the various professional societies; and courses offered by organizations recognized in their field to set standards of design, construction or practice. It must be kept in mind that, as provided in proposed § 37.113, credit may be obtained only for courses in subject matter within the scope of practice of engineering, land surveying or geology, as appropriate to the license.

   Proposed § 37.114(b) would provide a safety valve and permit any course offered by a provider who is not preapproved to be reviewed and approved by the Board.

Proposed § 37.115 (relating to approval of continuing education courses upon application)

   Proposed § 37.115 sets forth the process for Board approval of courses of continuing education, which includes approval of the location, instructor and provider, for those courses and providers that are not preapproved, as well as the obligations of providers whose courses are approved by the Board upon application. Proposed § 37.114(b) would require the filing of a completed application and payment of the required fee for Board review of the course.

   Under proposed § 37.115(b), a separate application would be required for each course, including multiple presentations at various locations and multiple offerings. Significant changes to the course content or change of instructors would require Board additional approval. If the location of a course is essential to presentation of course content, such as certain geology courses, a change in the location is a significant change in the course, and the provider must again seek approval.

   Under proposed § 37.115(c), the Board notes its authority to deny course approval when the provider has previously failed or is not currently able to comply with the provider responsibilities of proposed § 37.115(e) or the course does not qualify under proposed § 37.113. The Board may deny approval when the course or application does not comply with the act or the Board's regulations. The Board may approve a portion of a course and deny the balance, that is, approve a course for fewer hours than sought by the applicant.

   If an applicant has made false statements or grounds for denial later appear under proposed § 37.115(d) the Board would be able to terminate its prior approval of a course. A licensee who has completed a course prior to termination of the Board's approval would not lose that credit.

   Proposed § 37.115(e) would set forth the responsibilities for providers of continuing education whose courses are approved by the Board upon application. A provider would be required to disclose in advance to prospective students the objectives, content, teaching method and the number of hours of continuing education credit approved by the Board; provide adequate physical facilities for the number of anticipated participants and the teaching methods to be used; provide accurate instructional materials; utilize qualified instructors who are knowledgeable in the subject matter; evaluate the program through the use of questionnaires of the participants and instructors; issue a certified continuing education record to each participant; and retain attendance records, written outlines, and a summary of evaluations for 5 years. A provider would be required to include in the continuing education record the name of the participant, the name of the provider, the date or dates of the course, the name and any Board issued approval number of the course, and the number of hours of continuing education credit.

   Under proposed § 37.115(f), the Board will maintain a list of approved courses in a form accessible to licensees and the public.

   Because a provider might not seek Board approval for a course that is not preapproved, but a licensee attending the course might want credit, proposed § 37.115(g) would permit a licensee to apply for course approval and to do so after the course has been given. When more than one attendee of a course applies for approval, the Board will consolidate the applications and will not collect more than one fee for that review.

Fiscal Impact and Paperwork Requirements

   The proposed rulemaking should have no adverse fiscal impact on the Commonwealth, its political subdivisions, or the private sector. The proposed rulemaking will impose no additional paperwork requirements upon the Commonwealth, its political subdivisions or the private sector.

Sunset Date

   The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 22, 2009, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.

Public Comment

   Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Regulatory Unit Counsel, Department of State, P. O. Box 2649, Harrisburg, PA 17105-2649 or by e-mail at ST-ENGINEER@state.pa.us, within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-4710 (continuing education), when submitting comments.

ROBERT C. GRUBIC, P. E., PLS,   
President

   Fiscal Note:  16A-4710. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS

PART I.  DEPARTMENT OF STATE

Subpart A.  PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 37.  STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS

GENERAL PROVISIONS

§ 37.1.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Hour of continuing education--Sixty minutes of actual instruction in an approved course of continuing education.

   Practice building--Marketing or any other activity that has as its primary purpose increasing the business volume or revenue of a licensee or employer and does not involve the practice of engineering, land surveying or geology as defined in section 2 of the act (63 P. S. § 149).

   (i)  The term includes ''procuring or offering to procure land surveying work for himself or others; managing or conducting as managers, proprietors or agent any place of business from which land surveying work is solicited, performed, or practiced'' as included in the definition of ''practice of land surveying'' in section 2(d) of the act. The term includes procuring or offering to procure engineering or geologist work for himself or others; managing or conducting as managers, proprietors or agent any place of business from which engineering or geologist work is solicited, performed or practiced.

   (ii)  The term does not include education in a professional area merely because it would expand the licensee's skills enabling the licensee to practice in an additional area.

*      *      *      *      *

QUALIFICATIONS FOR LICENSURE

§ 37.17.  Schedule of fees.

*      *      *      *      *

   (c)  Other fees. The Board will charge the following fees:

   Application for continuing education course approval.........................$100

*      *      *      *      *

§ 37.18.  Reactivation of licensure status.

   A licensed engineer, land surveyor or geologist who has allowed his licensure status to lapse by failing to register biennially with the Board may apply to the Board for reactivation of licensure status by satisfying the requirements of paragraph (1) on forms prescribed by the Board.

   (1)  A licensee applying for reactivation of licensure status is required to pay the current registration fee and submit a [notarized affidavit setting forth] reactivation application verifying the period of time in which the licensee did not practice in this Commonwealth. An application for reactivation must also include the documentation required under § 37.112 (relating to reporting completion of continuing education) for those courses sufficient to satisfy the requirement for the immediately preceding biennium, and those courses may be completed during the current biennium. Unless excused by the Board for good cause under section 4.5(c) of the act (63 P. S. § 151.5(c)), the Board will not reactivate any license until the required continuing education for the preceding biennium has been completed.

*      *      *      *      *

§ 37.19.  Biennial renewal of licensure status.

   (a)  A licensee shall register each biennial period to retain the right to practice in this Commonwealth. Initial registration shall automatically occur when a license is issued. Registration for a biennial period shall expire on September 30 of every odd numbered year.

   (b)  If a licensee changes the mailing address of record, the licensee shall notify the Board in writing within 10 days thereafter. Notice of renewal will be forwarded to the licensee's last known address on file with the Board. Failure of the Board to send or of the licensee to receive a biennial registration application does not relieve the licensee of the biennial registration responsibility.

   (c)  A licensee applying for biennial license renewal shall:

   (1)  Complete and submit the renewal application, including payment of the biennial renewal fee as set forth in § 37.17 (relating to schedule of fees).

   (2)  Disclose any license to practice engineering, land surveying or geology in another state, territory, possession or country.

   (3)  Disclose any disciplinary action taken or pending before the appropriate licensing authority in any other jurisdiction since the most recent application for renewal. A licensee shall disclose disciplinary action in another jurisdiction whether or not the licensee holds an active license to practice in the other jurisdiction.

   (4)  Disclose any pending criminal charges and any finding or verdict of guilt, admission of guilt, plea of nolo contendere, or other criminal conviction since the most recent application for renewal.

   (5)  Verify that the licensee has complied with the continuing education requirements mandated by section 4.5 of the act (63 P. S. § 151.5) during the biennial period immediately preceding the period for which renewal is sought in accordance with §§ 37.111--37.115 (relating to continuing education) or acknowledge that the licensee will be subject to the sanctions under § 37.111(d) (relating to credit hour requirements).

CONTINUING EDUCATION

§ 37.111.  Credit hour requirements.

   (a)  During each biennial renewal period, a licensee shall complete 24 hours of continuing education. A licensee who holds more than one license from the Board shall complete the required hours of continuing education to renew each license. A licensee who completes a course 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.

   (b)  Except as necessary to comply with § 37.18(1) (relating to reactivation of licensure status), as permitted under subsection (d), or as directed by the Board, continuing education may satisfy the requirement of subsection (a) only for the biennium during which it was completed. No hour of continuing education may be used to satisfy the requirement of subsection (a) for more than one biennium.

   (c)  The requirement of subsection (a) will first take effect as follows:

   (1)  During the October 1, 2009, through September 30, 2011, biennial renewal period, a licensee shall complete 24 hours of continuing education.

   (2)  During each biennial renewal period subsequent to September 30, 2011, a licensee shall complete 24 hours of continuing education.

   (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 end of the renewal period for which the required amount of continuing education was not completed, the licensee shall make up the deficiency and provide proof of the entire required amount of continuing education as set forth in § 37.112 (relating to reporting completion of continuing education). In addition to any civil penalty assessed under this subsection, failure to provide the Board with proof of the required amount of continuing education within 6 months after the beginning of a biennial period for which the licensee renewed without having completed 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)). Failure to complete the required amount of continuing education within 6 months after the beginning of a biennial period for which the licensee renewed without having completed the required amount of continuing education shall subject the licensee to disciplinary action under section 4(g) of the act.

   (e)  A licensee seeking waiver of the continuing education requirements under section 4.5(c) of the act (63 P. S. § 151.5(c)) shall submit the request with all supporting documentation to the Board at least 90 days prior to end of the renewal period for which waiver is sought. Waiver may include extending the deadline by which the required continuing education must be completed.

§ 37.112.  Reporting completion of continuing education.

   (a)  Proof of completion of a course of continuing education shall consist of a certified continuing education record issued by the course provider, including:

   (1)  The name of the participant.

   (2)  The name of the provider.

   (3)  The date or dates of the course.

   (4)  The name and any Board issued approval number of the course.

   (5)  The number of hours of continuing education or academic credit.

   (b)  A licensee shall retain proof of completion of continuing education for 5 years after completion of the continuing education or after the completion of the renewal period during which the continuing education was required, whichever is later.

   (c)  The Board will audit licensees to verify compliance with continuing education requirements.

§ 37.113.  Credit for approved continuing education.

   (a)  Credit for continuing education will be granted only for courses exempt from approval under § 37.114(a) (relating to approval of continuing education courses) or approved by the Board under § 37.114(b).

   (b)  Unless limited by this section, continuing education credit may be earned in a course on any subject matter falling within the definitions of the practice of engineering, land surveying or geology in section 2 of the act (63 P. S. § 149), as appropriate to the license. Continuing education credit may not be earned in courses in practice building or office management.

   (c)  A licensee may not receive credit for more than one presentation of a particular course in a given renewal period.

   (d)  A licensee teaching a course of continuing education may receive the same credit that a licensee attending the course would receive and may also receive credit for time spent in preparation. Credit for time spent in preparation may not exceed the credit available for a licensee attending the course.

   (e)  No continuing education credit may be received for authoring an article, participating in a professional society or obtaining a patent.

§ 37.114.  Approval of continuing education courses.

   (a)  The following continuing education courses, provided they otherwise meet the requirements of § 37.113 (relating to credit for approved continuing education) and the course provider issues to each attending licensee a certified continuing education record in accordance with § 37.112(a) (relating to reporting completion of continuing education), are exempt from the approval requirement:

   (1)  A junior/senior or above level course offered as part of a program that satisfies the educational requirements for licensure under § 37.31(1)(i) or (ii), § 37.36(1), or § 37.47(1)(i) or (ii) (relating to eligibility for certification or licensure, or both; eligibility for licensure; and eligibility for certification or licensure, or both).

   (2)  A graduate course offered as part of an engineering, land surveying or geology program of an accredited college or university.

   (3)  A course offered by an accredited college or university that offers a program that satisfies the educational requirements for licensure under §§ 37.31(1)(i) or (ii), 37.36(1) or 37.47(1)(i) or (ii) that is designed for continuing education and not for the educational program required for licensure.

   (4)  A course offered by a provider certified by an organization approved by the United States Department of Education to certify providers of continuing education.

   (5)  A course offered or approved by a professional licensing authority or National organization of professional licensing authorities or affiliate.

   (6)  A course offered by an agency of the United States government.

   (7)  A course offered by an agency of the government of a state or territory of the United States or the District of Columbia.

   (8)  A course offered by a National professional society or affiliate or subsidiary.

   (9)  A course offered by a Statewide professional society or affiliate or subsidiary.

   (10)  A course concerning the standards it sets by an association or other organization or its affiliate or subsidiary that is recognized in its field to set standards for design, construction, or other aspect of professional practice.

   (b)  The following continuing education courses are approved:

   (1)  A course approved by the Board under § 37.115(a)--(f) (relating to approval of continuing education courses upon application) upon application of the provider.

   (2)  A course approved by the Board under § 37.115(g) upon application of an attending licensee.

§ 37.115.  Approval of continuing education courses upon application.

   (a)  A provider of continuing education other than those in § 37.114(a) (relating to approval of continuing education courses) seeking approval of a course of continuing education shall apply for approval on forms provided by the Board and shall provide the information required by those application forms for the Board to fulfill its duties under this section. The application shall be submitted to the Board with payment of the fee as required in § 37.17 (relating to schedule of fees).

   (b)  A provider shall apply for approval of each course of continuing education, which may include multiple presentations of the course at various locations and multiple offerings of the course. Prior to making any significant change in course content or using instructors other than those described in the provider's approved continuing education application, the provider shall obtain approval from the Board for the proposed changes. If the location is essential to presentation of the course content, any change in location constitutes a change in the course, and approval must again be sought from the Board.

   (c)  The Board may deny approval of a course of continuing education when the provider has previously failed or is not currently able to comply with the provider responsibilities of subsection (f) or the course does not qualify under § 37.113 (relating to credit for approved continuing education). The Board may approve in part and deny in part an application for approval of a course. The Board may deny an application for course approval that does not comply with the act or this chapter.

   (d)  The Board may terminate its prior approval of a course of continuing education when the applicant made one or more false or misleading material statements on the application. The Board may also terminate in part or in whole its prior approval of a course when it is later determined that the Board has grounds to deny approval in accordance with this section. Termination of approval will not forfeit credit for a course completed prior to termination of approval.

   (e)  For each course of continuing education, the provider shall:

   (1)  Disclose in advance to prospective attendees the objectives, content, teaching method and the number of hours of continuing education credit approved by the Board.

   (2)  Provide adequate physical facilities for the number of anticipated participants and the teaching methods to be used.

   (3)  Provide accurate instructional materials.

   (4)  Utilize qualified instructors who are knowledgeable in the subject matter.

   (5)  Evaluate the program through the use of questionnaires of the participants and instructors.

   (6)  Issue a certified continuing education record to each participant.

   (7)  Retain attendance records, written outlines, and a summary of evaluations for 5 years.

   (f)  The Board will maintain a list of approved courses in a form accessible to licensees and the public.

   (g)  If a course is not exempt from approval under § 37.114(a) and the provider has not separately sought approval under subsections (a)--(f), a licensee attending the course may apply for approval of a course of continuing education as set forth in subsection (a). An attendee may seek approval after completion of the course, though the Board may deny approval as otherwise provided in this subchapter. The Board may waive the requirements of subsections (b) and (e) when a licensee attending a course applies for approval. The Board will not collect more than one fee from attendees for review of applications for approval of the same course.

[Pa.B. Doc. No. 09-802. Filed for public inspection May 1, 2009, 9:00 a.m.]



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