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S06783 Summary:

Amd §7308, Ed L
Relates to mandatory continuing education for architects; removes exemption from mandatory continuing education requirements for the triennial registration period when an architect is first licensed; allows no more than six continuing education hours taken during one triennium may be transferred to a subsequent triennium; makes related provisions.
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S06783 Actions:

06/01/2021referred to higher education
06/02/2021substituted for a7604
06/02/2021ordered to third reading rules cal.268
06/02/2021passed assembly
06/02/2021returned to senate
11/03/2021SIGNED CHAP.578
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S06783 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                      May 17, 2021
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        AN ACT to amend the education law, in relation to  mandatory  continuing
          education for architects
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision  1  of  section  7308  of  the
     2  education  law,  as added by chapter 521 of the laws of 1999, is amended
     3  to read as follows:
     4    (b) [Architects shall be exempt from the mandatory  continuing  educa-
     5  tion requirement for the triennial registration period during which they
     6  are  first  licensed.]  In  accord  with  the intent of this section, an
     7  adjustment  and/or  exemption  to  the  mandatory  continuing  education
     8  requirement  may  be  granted  by  the  department for reasons of health
     9  certified by an  appropriate  health  care  professional,  for  extended
    10  active  duty  with  the  armed forces of the United States, or for other
    11  good cause acceptable to the department which may prevent compliance.
    12    § 2. Subdivision 2 of section 7308 of the education law, as amended by
    13  chapter 683 of the laws of 2005, is amended to read as follows:
    14    2. During each triennial registration period an applicant  for  regis-
    15  tration  shall  complete  a  minimum  of  thirty-six hours of acceptable
    16  continuing education, as specified in subdivision four of this  section,
    17  provided  that  a minimum of twenty-four hours of such continuing educa-
    18  tion shall be in the areas of health, safety and welfare.  [Up  to  one-
    19  half  of  the  total  hours  of continuing education may consist of non-
    20  course  activities.]  Any  architect  whose  first   registration   date
    21  following  the  effective  date  of  this section occurs less than three
    22  years from such effective date, but on or after January first, two thou-
    23  sand one, shall complete continuing education hours on a prorated  basis
    24  at  the  rate  of  one  hour  per month for the period beginning January
    25  first, two thousand up to the  first  registration  date  thereafter.  A
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6783                             2
     1  licensee  who  has  not  satisfied  the  mandatory  continuing education
     2  requirements shall not be issued a triennial registration certificate by
     3  the department and shall not practice unless  and  until  a  conditional
     4  registration  certificate is issued as provided for in subdivision three
     5  of this section. With the exception of continuing education hours  taken
     6  during  the registration period immediately preceding the effective date
     7  of this section, [continuing education hours taken during one  triennium
     8  may  not  be  transferred  to  a  subsequent triennium] no more than six
     9  continuing education hours taken during one triennium may be transferred
    10  to a subsequent triennium.
    11    § 3. Subdivision 4 of section 7308 of the education law, as amended by
    12  chapter 706 of the laws of 2004, is amended to read as follows:
    13    4. As used in subdivision two of this section, "acceptable  continuing
    14  education"  shall  mean  courses  of learning and educational activities
    15  [which] in architecture, engineering, interior design,  land  surveying,
    16  landscape  architecture  and geology that may contribute to professional
    17  practice in architecture and which  meet  the  standards  prescribed  by
    18  regulations  of  the  commissioner.  Completing  courses of learning and
    19  educational activities that fall within the scope of practice of another
    20  licensed  profession  does  not  authorize  the  licensed  architect  to
    21  lawfully  practice a profession that they are not authorized to practice
    22  as defined in section seventy-three hundred one  of  this  article.  The
    23  department  may,  in  its  discretion and as needed to contribute to the
    24  health and welfare of the public, require the completion  of  continuing
    25  education courses in specific subjects.
    26    §  4.  This  act shall take effect eighteen months after it shall have
    27  become a law. Effective  immediately,  the  addition,  amendment  and/or
    28  repeal  of  any  rule  or regulation necessary for the implementation of
    29  this act on its effective date are authorized to be made  and  completed
    30  on or before such effective date.
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