309 CMR, § 3.09

Current through Register 1536, December 6, 2024

Section 3.09 - Continuing Education Requirements

(1)Definitions. As used in 309 CMR 3.09, the following terms shall have the following meanings unless the context clearly indicates otherwise:

Approved Conference workshop means a Board-approved workshop, short course, or similar training session that occurs at a conference approved by the Board.

Continuing education means Board-approved courses of learning that are designed to further the professional competence of licensees. OSHA-required health and safety training courses shall not be considered acceptable for the purposes of meeting the continuing education requirements.

Continuing education credit and Credit each mean:

(a) For Board-approved courses which are offered as part of a university or college curriculum, the units of continuing education that, pursuant to 309 CMR 3.09(8), are granted by the Board for each approved course completed by a licensee; and

(b) For all other Board-approved courses, including Internet courses, the units of continuing education that are granted by the Board, generally on the basis of one credit for each hour of approved course instruction actually attended by a licensee.

(c) For Board-approved conferences and conference workshops, the units of continuing education that, pursuant to 309 CMR 3.09(9), are earned by licensees by attending approved conferences and conference workshops.

Courses Offered as Part of a University or College Curriculum mean courses offered by an institution accredited to issue associates, bachelors and/or graduate degrees, provided that the course:

(a) meets on a regular weekly schedule on a semester or quarterly basis, and

(b) the course may be taken for a grade.

DEP Course means a continuing education course that meets the requirements of 309 CMR 3.09, is taught in whole or in substantial part by Department of Environmental Protection personnel, and for which the Department has demonstrated, to the Board's satisfaction, that the course subject matter is directly focused on regulatory and/or technical topics that are reasonably likely to maintain or enhance the ability of LSPs to perform, supervise and/or coordinate response actions (i.e., assessments, containments and/or removals) in Massachusetts in compliance with applicable regulatory requirements. To be designated as a "DEP Course," a course must be taught in whole or in substantial part by Department personnel, must be proposed as a "DEP Course" by the Department, and must be approved as a "DEP Course" by the Board. The Board, in its discretion, may also classify as a "DEP Course" a course taught in whole or in substantial part by Board personnel.

Licensee(s) and LSP(s) each mean individuals holding an LSP license that is in full force and effect.

Regulatory means continuing education that is reasonably likely to maintain or enhance the licensee's ability to competently perform, supervise and/or coordinate response actions (i.e., assessments, containments and/or removals) in Massachusetts in compliance with applicable regulatory requirements. The term contemplates only continuing education that is directly focused upon an understanding of, and compliance with, the panoply of legal and regulatory requirements applicable to the licensee's provision of professional services in Massachusetts.

Technical means continuing education that is reasonably likely to maintain or enhance the licensee's ability to competently perform, supervise and/or coordinate the scientific and/or technical components of response actions (i.e., assessments, containments and/or removals) in Massachusetts. The term should not be narrowly construed so that it reaches only continuing education that is directly concerned with performing such activities; however, if the technical subject matter of the continuing education is more generally focused, it should at least be demonstrably relevant to the scientific and/or technical components of response actions at disposal sites in Massachusetts.

(2)Basic Requirements.

(a) Every three years following issuance of his or her license, each LSP shall demonstrate to the Board's satisfaction that he or she has earned a minimum of 48 continuing education credits. These credits can be earned only by attending Board-approved courses, conferences, or conference workshops. No person may apply continuing education credits earned during one license period toward another license period. However, applicants who have been approved to take the examination may take Board-approved courses and utilize the credits earned at their first license renewal. Subject to the attendance and other requirements set forth in 309 CMR 3.09, continuing education credits are considered to be earned at the completion of each Board-approved course or at the end of each Board-approved conference or conference workshop.

(b) All continuing education credits submitted by an LSP in fulfillment of the requirements of 309 CMR 3.09(2)(a) shall be earned by attending Board-approved courses, conferences, or conference workshops that are reasonably likely to maintain or enhance that LSP's ability to render competent professional services.

(c) An LSP may not repeat a course or conference workshop for credit during the same three-year license renewal period or during the following three-year license renewal period.

(3)Credit Minimums.

(a) The 48 continuing education credits earned every three years, as required in 309 CMR 3.09(2)(a), shall include not fewer than eight credits from Board-approved courses classified as Regulatory. In addition, at least 12 of the 48 credits must be earned at a Board-approved DEP Course or Courses. The balance of the 48 required credits may be earned by attending any Board-approved course, conference, or conference workshop.

(b) Credits earned by taking approved DEP Courses that are classified as Regulatory can be applied toward both the 12-credit DEP Course requirement and the eight-credit Regulatory requirement.

(c) Although, as described in (b) above, certain credits may be applied simultaneously to both the DEP Course requirement and the Regulatory requirement, no credits may be applied more than once toward the overall 48-credit requirement.

(d) The continuing education requirements set forth in 309 CMR 3.09(3)(a) through (c) are summarized for convenience in the following table.

Minimum Number of Credits Required
Total Credits	48
DEP Course(s)	12
Regulatory	8
Technical	no minimum requirement

(4)Board-required courses. The Board may from time to time require all LSPs to take a specific course. The Board will allow such a course to be counted toward the requirements of 309 CMR 3.09(2) and (3).

(5)General Course Requirements. To be considered by the Board for approval as a continuing education course, the licensee or course provider must demonstrate that:

(a) adequate attendance records will be maintained;

(b) for courses not offered as part of a university or college curriculum, at least one contiguous hour of instruction time will be provided;

(c) the course will be taught by competent instructors knowledgeable in the subject matter to be presented; and

(d) a written outline or syllabus will be followed.

(6)Requests for Approval of Continuing Education Courses.

(a) Either an LSP or the provider of a potentially qualifying course may seek Board approval for the course. The Board shall attempt to act upon a complete request within two months of receipt; however, the Board's failure to act within two months shall not constitute approval of the course. Requests for retroactive approval of continuing education courses (i.e., courses already commenced or completed by the time the Board meets to review the requests for their approval) are disfavored but may be approved, at the Board's discretion, if the provider has maintained a record of attendance and the other requirements for course approval are met.

(b) A complete request for approval of a continuing education course must include the following information:

1. the date(s), time(s) and location(s) of the course, and the number of hours of continuing education credits requested;

2. a written course outline or syllabus;

3. a written statement describing the course and establishing its relevance to oil or hazardous materials assessment, containment or removal activities at disposal sites in Massachusetts;

4. the credentials of the instructors;

5. a statement that the sponsoring organization will maintain a record of attendance and will follow the course outline or syllabus;

6. the different credit options (if any) attending LSPs will have for earning continuing education credits;

7. for all courses, including conference workshops, a statement that the sponsoring organization will, at the completion of the course, conduct, and retain for the Board's inspection for a period of a year, an evaluation of the course and the course instructor(s) using, at a minimum, evaluations prepared confidentially by the course attendees and maintained in such a manner that the identity of each evaluator is not disclosed to the course instructor or provider; and

8. any other information which the Board requests of the licensee or course provider to demonstrate compliance with 309 CMR 3.09.

(c) Once a course has been approved by the Board, if there are any substantive changes in the course outline or syllabus, or a change of instructor(s), the course will require separate, additional Board approval before LSPs can be given continuing education credit for taking the revised course.

(d) In submitting a course for Board approval as continuing education, the licensee or course provider may suggest a division of the course into Regulatory and Technical components, and/or DEP Course and non-DEP Course components. Based on the information submitted, the Board may determine, in its discretion, whether to approve an allocation of continuing education credits based on the suggested division or decide upon a more appropriate allocation of credits.

(e) In selecting Board-approved courses for continuing education credit, each licensee must also consider the criterion of 309 CMR 3.09(2)(b) as it applies to that individual licensee. While the Board will not routinely investigate whether an otherwise approved course meets the requirements of 309 CMR 3.09(2)(b) for a given individual, the Board reserves the right to do so. If the Board finds that this criterion has not been met, the Board may, without waiving any other remedy available to it, deny a licensee all or a portion of the credit sought and may take any other appropriate action including, but not limited to, requiring the licensee to obtain additional continuing education credits in the subsequent license period.

(7)Attendance Requirements. For continuing education credit to be granted for attendance at Board-approved courses, the following attendance requirements must be met. These requirements are also summarized for convenience in the table in 309 CMR 3.00Appendix B.

(a) To receive continuing education credit for attendance at an approved course that is more than four hours in length, the licensee must attend a minimum of 75% of the course; however, in no event may attendance be less than four hours. In the event that an LSP attends at least 75% but less than 100% of a course that is more than four hours in length, the LSP will receive credit on a pro rata basis.

(b) To receive continuing education credit for attendance at an approved course that is one to four hours in length, the licensee must attend 100% of the course to receive any credit.

(c) The attendance requirements for conference workshops are set forth below in 309 CMR 3.09(0)(d).

(d) Course instructors who are licensees may receive continuing education credit for a course once if they either teach the entire course or teach part of the course and attend, subject to the attendance requirements noted above, the remainder of the course.

(8)Maximum Credit for University or College Courses. Courses offered as part of a university or college curriculum may be approved by the Board for credit equivalent to 70% of the total number of hours of classroom instruction if the course is taken for a grade and the licensee passes, or 50% of the total number of hours of classroom instruction if the course is not taken for a grade by the licensee. If an LSP takes the course for a score or grade, the LSP must pass the course in order to receive continuing education credit. In determining whether the LSP has passed the course, the score or grade assigned by the course provider will ordinarily govern. Those LSPs who are taking an approved university or college course for a grade are not subject to the attendance requirements set forth in the 309 CMR 3.09(7).

(9)Conferences.

(a) LSPs may obtain credit on a one-for-two basis (i.e., one credit for every two hours of attendance) for attending Board-approved conferences, and they may obtain credit on a one-for-one basis (i.e., one credit for each hour of attendance) for attending approved conference workshops, subject to the requirements set forth below.

(b) Prior to the conference, the sponsor must submit a request for approval to the Board enclosing the following:

1. a full description of the conference, including a description and schedule for each of its sessions, workshops, short courses, and similar training sessions;

2. the date, time, and location of the conference;

3. a statement that the sponsor will comply with all the requirements set forth below in 309 CMR 3.09(9)(c) and 3.09(9)(e); and

4. if the provider is seeking one-for-one credit for any workshops, short courses, or similar training sessions, all the information required in 309 CMR 3.09(6) must be submitted for each such session. To be approved as an approved conference workshop, a workshop, short course, or similar training session must be at least one hour in length.

(c) A sponsor must comply with the following verification requirements when conducting an approved conference:

1. maintain a sign-in/sign-out log for each LSP to sign in and out each time he or she arrives at or leaves the conference premises;

2. maintain a separate sign-in/sign-out log for each approved conference workshop; and

3. check each LSP's photo I.D. and also enter the time of day next to the LSP's signature in the log on each occasion when an LSP signs a sign-in/sign-out log.

(d) The attendance requirements for obtaining one-for-one credit at approved conference workshops are as follows:

1. For approved conference workshops that are more than four hours in length, the LSP must attend at least 75% of the session; however, in no event may the attendance be less than four hours.

2. For approved conference workshops that are at least one but no more than four hours in length, the LSP must attend 100% of the session.

3. An LSP who attends an approved conference workshop but does not meet the foregoing attendance requirements shall obtain credit on a onr-for-two basis based on the time attended.

4. Instructors for approved conference workshops who are LSPs may receive one-for-one credit for the session once if they either teach the entire session or teach part of the session and attend, subject to the attendance requirements noted above, the remainder of the session.

5. These attendance requirements are also summarized for convenience in the table in 309 CMR 3.00Appendix B. (e) After an approved conference has concluded, a sponsor must comply with the following requirements for calculating and awarding continuing education credits to those LSPs who were in attendance:

1. Tally up separately the total number of hours each LSP attended

(a) approved conference workshops for which the LSP met the attendance requirements; and

(b) the remainder of the conference, not counting time spent in approved conference workshops for which the LSP met the attendance requirements.

In calculating these hours, the sponsor shall count only those hours between the time the LSP signed in and the time the LSP signed out. An LSP must sign both in and out to receive attendance hours.

2. After tallying the hours, award each LSP who has attended the conference an LSP Board Continuing Education Certificate showing how many credits the LSP has earned, based on the rules for calculating credits set forth above.

(10)Internet Courses. Notwithstanding the specific requirements set forth in 309 CMR 3.09(1) through (9), the Board may, at its discretion, approve for continuing education credit courses offered over the Internet. The Board may, as it sees fit and on a course-by-course basis, impose special requirements and/or conditions on Internet course providers and/or LSPs taking said courses.

309 CMR, § 3.09