To update the rules and implement the provisions of Chapter 2014-125, §4, Laws of Florida.

Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Engineers

RULE NOS.:RULE TITLES:

61G15-22.0001Renewal of Active Licenses.

61G15-22.001Continuing Education Requirements.

61G15-22.002Definitions.

61G15-22.003Qualifying Activities for Area of Practice Requirement.

61G15-22.004Conversion of Education Units to PDH.

61G15-22.005Non-Qualifying Activities.

61G15-22.008Record Keeping.

61G15.22.010 Qualifying Activities for Laws and Rules Requirements.

61G15-22.011Board Approval of Continuing Education Providers.

61G15-22.012Obligations of Continuing Education Providers.

PURPOSE AND EFFECT:  To update the rules and implement the provisions of Chapter 2014-125, §4, Laws of Florida.

SUMMARY:  Update the rules and implement the provisions of Chapter 2014-125, §4, Laws of Florida.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule amendments update, clarify, and streamline existing Board rules, as well as implement the provisions of Chapter 2014-125, §4.  The Board determined any adverse impact or regulatory costs imposed from the rule amendments result directly from the legislation, while amendments not directly required by the legislation will not result in any adverse impact nor increased regulatory costs.  Accordingly, the Board determined legislative ratification will not be required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY:  455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(2), (3), 471.019, 471.0195 FS.

LAW IMPLEMENTED:  455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(2), (3), 471.019, 471.0195 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Zana Raybon, Executive Director, Board of Professional Engineers, 2639 North Monroe Street, Suite B-112, Tallahassee, FL 32303, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

61G15-22.0001 Renewal of Active Licenses.

To renew an active license, the licensee must remit to FEMC the biennial renewal licensure fee for active licenses, and a statement certifying that the licensee has completed the eighteen (18) eight (8) hours of approved continuing education which were required during the last biennium.

Rulemaking Specific Authority 471.017(2) FS. Law Implemented 471.017(2) FS. History–New 8-1-02, Amended            .

61G15-22.001 Continuing Education Requirements.

(1) Each licensee shall complete eighteen (18) continuing education hours eight professional development hours during each license renewal biennium as a condition of license renewal. Four (4) hours shall relate to the licensee’s area(s) of practice; one (1) hour must be related to professional ethics; and one (1) four hours shall relate to Chapter 471, F.S., and the rules of the Board.  The remaining hours may relate to any topic pertinent to the practice of engineering as defined in Rule, Chapter 61G15-22.002, F.A.C.

(2) through (4) No change.

Rulemaking Authority 455.2177, 471.008, 471.017(3), 471.019, 471.0195 FS. Law Implemented 455.2177, 471.017(3), 471.019, 471.0195 FS. History–New 8-19-80, Formerly 21H-22.01, Amended 5-14-86, Formerly 21H-22.001, Amended 6-22-99, 6-13-00, 2-22-01, 9-16-01, 3-7-13, 9-29-14,            .

61G15-22.002 Definitions.

(1) No change.

(2) Continuing Education Professional Development Hour (CEH) (PDH): A time measurement requiring a minimum of 50 minutes instruction or presentation per hour. The continuing education hour PDH is the common denominator for other units of credit.  A continuing education hour is equivalent to a professional development hour (PDH).

(3) Contact Hour.  A contact hour shall consist of fifty (50) clock minutes of instruction.

(3) Continuing Education Unit (CEU): Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.

(4) No change.

(5) No change.

(6) No change.

(7) Vendor:  An individual or business organization who sells products or services related to an engineering area of practice.

(8) Topic pertinent to the practice of engineering:  For purposes of meeting the continuing education requirements, a topic pertinent to the practice of engineering is any topic that falls within the definition of the practice of “engineering” as defined in Section 471.005(7), Florida Statutes.  Topics on marketing, foreign language skills, and basic math skills below the requirements set forth in Rule 61G15-20.007(1)(a), F.A.C. are not acceptable and are excluded. 

Rulemaking Specific 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008 FS. History–New 9-16-01, Amended 8-1-02, 7-30-03,            .

61G15-22.003 Qualifying Activities for Area of Practice Requirement.

(1) No change.

(2) Successful completion of continuing education courses, successful completion of correspondence, televised, Internet, videotaped, and other short courses, / tutorials, webinars, and distance education courses offered through delivery methods such as live, correspondence, recorded, Internet-based; or attending seminars (including in-house engineering seminars), workshops, or professional and technical presentations at meetings, conventions or conferences presented/sponsored by a provider or vendor with specific knowledge related to the licensee’s area of practice approved under Rule 61G15-22.011, F.A.C.

(3) No change.

(4) Authoring published technical engineering papers, articles, or books;, or accepted licensee examination items for NCEES.  Continuing education credits are earned on the date of publication.

(5) No change.

(6) Active participation in professional or technical societies. Civic or trade organizations do not qualify under this provision. Credit for this activity requires that the licensee serve as an officer of the organization or actively participate on a committee in the organization. Continuing Education PDH credits are not earned until the end of each year of completed service.

Rulemaking Specific Authority 455.213(6), 455.2177, 455.2178, 455.2179 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended 5-14-06,            .

61G15-22.004 Conversion of Education Units to Continuing Education Hours PDH.

(1) One (1) college or unit semester hour credit is equal to 45 continuing education hours 15 PDH.

(2) One (1) college or unit quarter hour credit is equal to 30 continuing education hours 10 PDH.

(3) One (1) continuing education unit is equal to 10 PDH.

(3)(4) One (1) contact hour of professional development in course work, seminars (including in-house seminars at an engineering firm), or professional or technical presentations made at meetings, conventions, or conferences is equal to 1 continuing education hour PDH or, if teaching, 2 PDH.

(4) For teaching of (1) through (3) above, apply a multiple of 2, if the requirements of Rule 61G15-22.003(3), F.A.C., are met.

(5) Each published peer-reviewed paper, article, or book in the licensee’s area of professional practice is equal to 10 continuing education hours PDH.

(6) Each published paper or article (other than in paragraph (5) above) in the licensee’s area of professional practice is equal to 5 continuing education hours.

(7)(6) Authoring accepted licensee examination items for NCEES is equal to 2 continuing education hours PDH.

(8)(7) Each patent developed using engineering principles is equal to 10 continuing education hours PDH.

(9)(8) Active participation in professional and technical societies as described in subsection 61G15-22.003(6), F.A.C. Each hour of participation is equal to 1 continuing education hour PDH, with a maximum credit of 4 continuing education hours per renewal period 2 PDH for each organization.

Rulemaking Specific Authority 455.213(6), 455.2178, 455.2179 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended,            .

61G15-22.005 Non-Qualifying Activities.

Activities that do not qualify as Continuing Education Professional Development Hours include, but are not limited to, the following:

(1) through (9) No change.

Rulemaking Specific Authority 455.213(6), 455.2178, 455.2179 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended 6-3-07,            .

61G15-22.008 Record Keeping.

It is the licensee’s responsibility to maintain sufficient records to demonstrate completion of continuing education requirements qualifying professional development hours for at least two licensure cycles (four years).

Rulemaking Specific Authority 455.213(6), 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended,            .

61G15-22.010 Qualifying Activities for Laws and Rules Requirements.

(1) No change.

(2) Successful completion of a course of continuing education for laws and rules of the Board which must consist of a minimum of one (1) continuing education hour four (4) PHD’s in laws and rules of the Board.

(3) Members of the Board of Professional Engineers shall receive credit for the laws and rules and ethics requirements set forth in Section 471.017(3)(a), F.S., four (4) PDH’s in laws and rules of the Board for their service as board members.

(4) All consultant engineers used by the Board in the resolution of Board business, including rulemaking rule making and prosecution of discipline cases and complaints, shall receive credit for the four (4) PDH’s in laws and rules of the Board and area of practice requirement by specific approval of the Board of a written list of such consultants during each biennium.

(5) Service as a member of the legislature or as an elected state or local official shall meet the laws and rules and ethics requirements set forth in Section 471.017(3)(a), F.S.

Rulemaking Authority 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended 9-4-02, 1-16-03, 8-10-09,            .

61G15-22.011 Board Approval of Continuing Education Providers.

(1) Applicants for continuing education provider status must either be registered as a continuing education provider with the Registered Continuing Education Program (RCEP) of the American Council of Engineering Companies (ACEC) as of March 1, 2015, National Council for Examiners of Engineering and Surveying (NCEES) or meet the requirements of subsection (2) of this rule to demonstrate the education and/or the experience necessary to instruct professional engineers in the conduct of their practice.

(2) To demonstrate the education and/or the experience necessary to instruct professional engineers in the conduct of their practice for continuing education credit, an applicant for continuing education provider status must be a regionally accredited educational institution, a commercial educator, a governmental agency, a state or national professional association whose primary purpose is to promote the profession of engineering, an engineer with a Florida license to practice engineering who is not under disciplinary restrictions pursuant to any order of the Board, a vendor with specific knowledge related to the licensee’s area of practice, or an engineering firm that possesses an active certificate of authorization issued by the Board pursuant to Section 471.023, F.S.

(3) To allow the Board to evaluate an application for continuing education provider status, the applicant must submit the following:

(a) A completed Application for New Continuing Education Provider Status, Form FBPE/007 (rev. 10/15), incorporated by reference herein, which may be obtained from www.fbpe.org/licensure/application-process or at https://www.flrules.org/gateway/reference.asp?NO=Ref-06096.

(b)(a) No change.

(c)(b) Proof of registration as continuing education provider with ACEC NCEES, or if the applicant is not registered as a continuing education provider with ACEC NCEES, the applicant must submit the following:

(3)(c)1. through (9)(c) No change.

Rulemaking Authority 455.213(6), 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended 9-4-02, 12-21-03, 8-8-05, 6-11-06, 1-29-07, 6-3-07, 8-10-09, 7-8-10,            .

61G15-22.012 Obligations of Continuing Education Providers.

To maintain status as a continuing education provider, the provider must:

(1) through (2) No change.

(3) Furnish each participant with an individual certificate of attendance. An attendance record shall be maintained by the provider for four years and shall be available for inspection by the Board and the Florida Engineers Management Corporation. Providers must electronically provide to the Florida Engineers Management Corporation a list of attendees taking a course within five (5) business days of the completion of the course. The list shall include the provider’s name, the name and license number of the attendee, the date the course was completed, the course number and the total number of professional development hours successfully completed. All information or documentation, including electronic course rosters, submitted to the Board or to FEMC shall be submitted in a format acceptable to the Board and to FEMC. Failure to comply with time and form requirements will result in disciplinary action taken against the provider. If the instructor is receiving credit as set forth in subsection 61G15-22.003(3), F.A.C., the instructor shall be listed with the same information required above. Providers shall maintain security of attendance records and certificates. For correspondence study courses, the provider must electronically supply the list of those individuals successfully completing the course by the fifth of the month following the calendar month in which the provider received documentation and was able to determine the successful completion of the course by the individual.

(4) No change.

(5) Allow only one continuing education hour PDH for each hour of classroom, audio or video instruction, an “hour of classroom, audio or video instruction” being a minimum of 50 minutes instruction or presentation.

(6) Allow only one continuing education hour PDH for each “hour of correspondence study.” The “hour of correspondence study” must be based on the average completion time of each course as established by the provider.

(7) through (9) No change.

Rulemaking Specific Authority 455.213(6), 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017(3), 471.019 FS. History–New 9-16-01, Amended            .

NAME OF PERSON ORIGINATING PROPOSED RULE:  Board of Professional Engineers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:  Board of Professional Engineers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  August 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  June 30, 2015