§ 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.
Authority 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).
Source The provisions of this § 37.111 adopted June 3, 2011, effective June 4, 2011, 41 Pa.B. 2847.
Cross References This section cited in 49 Pa. Code § 37.18 (relating to reactivation of licensure status); and 49 Pa. Code § 37.19 (relating to biennial renewal of licensure status).
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