N.Y. Comp. Codes R. & Regs. tit. 8 § 69.6

Current through Register Vol. 46, No. 41, October 9, 2024

Section 69.6 - Continuing education for architects

(a) Definitions. As used in this section, acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.

(b) Applicability of requirement.

(1) Each licensed architect, required under article 147 of the Education Law to register with the department to practice in New York State, shall comply with the mandatory continuing education requirements as prescribed in subdivision (c) of this section, except those licensees exempt from the requirement or who obtain an adjustment to the requirement pursuant to paragraph (2) of this subdivision.

(2) Exemptions and adjustments to the requirement.

(i) Exemptions. The following licensees shall be exempt from the continuing education requirements, as prescribed in subdivision (c) of this section:

(a) licensees whose first registration date following January 1, 2000 occurs prior to January 1, 2001, for periods prior to such registration date; and

(b) licensees who are not engaged in the practice of architecture as evidenced by not being registered to practice in New York State, except as otherwise provided in subdivision (e) of this section to meet the requirements for the resumption of practice in New York State.

(ii) Adjustments and/or exemptions to the requirement. An adjustment and/or exemption to the mandatory continuing education requirement, as prescribed in subdivision (c) of this section, may be granted by the department for reasons of health certified by an appropriate health care professional, for extended active duty with the armed forces of the United States, or for other good cause acceptable to the department which may prevent compliance.

(c) Mandatory continuing education requirement.

(1) General requirements.

(i) During each triennial registration period, meaning a registration period of three years' duration, an applicant for registration shall complete at least 36 hours of continuing education acceptable to the department, as defined in paragraph (2) of this subdivision. A minimum of 24 hours of such continuing education shall be in the areas of health, safety and welfare in accordance with the limitations and requirements set forth in section 7308(2) of the Education Law. No more than six continuing education hours completed during one triennial registration period may be transferred to a subsequent triennial registration period.

(ii) Proration. Unless otherwise prescribed in this section, during each registration period of less than three years' duration, an applicant for registration shall complete acceptable continuing education, as defined in paragraph (2) of this subdivision and within the limits prescribed in such paragraph, on a prorated basis at a rate of one hour of continuing education per month for such registration period.

(2) Acceptable continuing education. To be acceptable to the department, continuing education shall meet the requirements of this paragraph. Such continuing education must be in the subjects prescribed in subparagraph (i) of this paragraph and be the types of learning activities prescribed in subparagraph (ii) of this paragraph.

(i) Subjects. Acceptable continuing education shall be in any of the following subject areas that may contribute to professional practice in architecture:

(a) any one or more of the following subject areas relating to the health, safety, and welfare of the public: practice management, project management, programming and analysis, project planning and design, project development and documentation, construction and evaluation; or other subject areas of practice, law and ethics which may contribute to the health, safety and welfare of the public; and

(b) other subject areas in architecture, engineering, interior design, land surveying, landscape architecture and geology which may contribute to the professional practice of architecture as such practice is defined in section 7301 of the Education Law.

(ii) Types of learning activities. Acceptable continuing education shall be the types of learning activities prescribed in this subparagraph and be subject to the limitations prescribed in this subparagraph.

(a) Courses of learning. Acceptable continuing education shall be courses of learning offered by a sponsor approved by the department pursuant to subdivision (i) of this section, which may include, among others, the following courses offered by an approved sponsor: university and college courses, and professional development and technical training courses related to the practice of architecture.

(b) Other educational activities. Acceptable continuing education shall be the following other educational activities:

(1) preparing and teaching a course offered by a sponsor of continuing education to architects, approved pursuant to subdivision (i) of this section, provided that such teaching shall not be acceptable where the licensee has taught the course on more than one occasion without presenting new or revised material. Continuing education hours that may be credited for this activity may include actual instructional time plus preparation time which may be up to two additional hours for each hour of presentation;

(2) authoring an article published in a peer-reviewed journal or a published book. A licensee shall receive nine continuing education hours for each written work published during the registration period;

(3) making a technical presentation at a professional conference sponsored by an organization that is a sponsor of continuing education to architects, approved pursuant to subdivision (i) of this section. Continuing education hours that may be credited for this activity shall include actual instructional time, plus preparation time which may be up to two additional hours for each hour taught;

(4) obtaining a patent related to the practice of architecture. A licensee shall receive nine continuing education hours for each patient granted on an invention during the registration period;

(5) completing a self-study program, meaning structured study, provided by a sponsor approved pursuant to subdivision (i) of this section, that is based on audio, audio-visual, written, on-line, and other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students;

(6) completing an educational tour, meaning a structured tour of an instructional nature provided by a sponsor approved pursuant to subdivision (i) of this section; or

(7) serving on any committee or task force that addresses technical and/or regulatory issues pertaining to the professional practice of architecture, provided that such committee or task force has been established by a governmental entity or other entity determined by the department to be acceptable. To be acceptable for continuing education credit, such service shall be certified in writing by an authorized individual within the committee or task force and approved by the department.

(d) Renewal of registration. At each reregistration, licensed architects shall certify to the department that they have either complied with the continuing education requirements, as prescribed in subdivision (c) of this section; or are subject to an exemption or adjustment to such continuing education requirements, as prescribed in subdivision (b) of this section.

(e) Requirement for lapse in practice.

(1) A licensee who returns to the practice of architecture after a lapse in practice in which the licensee was not registered to practice in New York State shall be required to complete:

(i) the continuing education requirement applicable to the period of time the licensee was registered in the licensee's last registration period; and

(ii) one hour of acceptable continuing education for each month of lapsed registration up to a maximum of 12 hours, which shall be completed in the 12 months before the beginning of the new registration period

(f) Conditional registration.

(1) The department may issue a conditional registration to a licensee who attests to or admits to noncompliance with the continuing education requirements of this section, provided that such licensee meets the following requirements:

(i) the licensee agrees to remedy such deficiency within the conditional registration period;

(ii) the licensee agrees to complete the regular continuing education requirement at the rate of one hour of acceptable continuing education per month during such conditional registration period; and

(iii) the licensee agrees to complete additional continuing education during such conditional registration period, which the department may require to ensure the licensee's proper delivery of architectural services consistent with the licensee's practice of architecture.

(2) The duration of such conditional registration shall not exceed one year and shall not be renewed or extended.

(g) Licensee records. Each licensee subject to this section shall maintain, or ensure access by the department to, a record of completed continuing education, which includes: the type of learning activity, title of the course if a course, subject of the continuing education, the number of hours completed, the sponsor's name and any identifying number (if applicable), attendance verification, if a course, participation verification if another educational activity, and the date and location of the continuing education. Such records shall be retained for at least six years from the date of completion of the continuing education and shall be available for review by the department in the administration of the requirements of this section.

(h) Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes of study shall equal one continuing education hour of credit. Courses or educational activities that are less than 50 minutes may be awarded prorated credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit.

(i) Sponsor approval.

(1) To be approved by the department, sponsors of continuing education to licensed architects in the form of courses of learning or educational activities shall meet the requirements of either paragraph (2) or (3) of this subdivision.

(2) The department shall deem approved as a sponsor of continuing education to licensed architects in the form of courses of learning or educational activities:

(i) a sponsor of continuing education that is approved by The American Institute of Architects Continuing Education Services (AIA/CES), the International Association for Continuing Education and Training (IACET), the Practicing Institute of Engineering, or an equivalent organization determined by the department with assistance from the State Board for Architecture to have adequate standards for approving sponsors of continuing education for professionals regulated by Title VIII of the Education Law that include but are not limited to standards that are equivalent to the standards prescribed in clauses (3)(ii)(a), (c), and (d) of this subdivision;

(ii) a postsecondary institution that has authority to offer programs that are registered pursuant to Part 52 of this Title or authority to offer equivalent programs that are accredited by an acceptable accrediting agency; or

(iii) a sponsor of continuing education that is approved by a licensing authority or agency of another jurisdiction under standards substantially equivalent to those of the department.

(3) Department review of sponsors.

(i) The department shall conduct a review of sponsors that apply for approval to offer continuing education to licensed architects in the form of courses of learning or educational activities that are not deemed approved pursuant to the requirements of paragraph (2) of this subdivision.

(ii) Organizations desiring to offer courses of learning or educational activities based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision (j) of this section, an application for advance approval as a sponsor at least 90 days prior to the date of the commencement of such continuing education that documents that the organization:

(a) will offer courses of learning or educational activities in any one or more of the subjects prescribed for acceptable continuing education in subparagraph (c)(2)(i) of this section;

(b) is an organized educational entity, or an entity that has expertise in the professional areas that will be taught, including but not limited to, a school of architecture accredited by an acceptable accrediting agency; or a national, State, or local professional design association or organization;

(c) provides course instructors who are qualified to teach the courses which will be offered, including but not limited to, faculty of a college of architecture accredited by an acceptable accrediting agency; or instructors who are specially qualified authorities in design and the building sciences, as determined by the department with assistance from the State Board for Architecture, to conduct such courses;

(d) has a method of assessing the learning of participants, and describes such method; and

(e) will maintain records for at least six years from the date of completion of course work, which shall include, but shall not be limited to, the name and curriculum vitae of the faculty, a record of attendance of licensed professionals in the course if a course, a record of participation of licensed professionals in the educational activity if an educational activity, an outline of the course or activity, date and location of the course or activity, and the number of hours for completion of the course or activity. In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the department and shall transfer all records as directed by the department.

(iii) Sponsors that are approved by the department pursuant to the requirements of this paragraph shall be approved for a three-year term.

(iv) The department may conduct site visits of, or request information from, a sponsor approved pursuant to the requirements of this paragraph to ensure compliance with such requirements, and a sponsor shall cooperate with the department in permitting such site visits and in providing such information.

(v) A determination by the department that a sponsor approved pursuant to the requirements of this paragraph is not meeting the standards set forth in this paragraph shall result in the denial or termination of the approved status of the sponsor.

(j) Fees.

(1) At the beginning of each registration period, a mandatory continuing education fee of $45 shall be collected from licensees engaged in the practice of architecture in New York State, except for those exempt from the requirement pursuant to subparagraph (b)(2)(i) of this section. This fee shall be in addition to the registration fee required by section 7304 of the Education Law.

(2) Licensees applying for a conditional registration, pursuant to the requirements of subdivision (f) of this section, shall pay a fee that is the same as and in addition to, the fee for the triennial registration required by section 7304 of the Education Law. In addition, such licensees shall pay the $45 mandatory continuing education fee.

(3) Organizations desiring to offer continuing education to licensed architects based upon a department review, pursuant to paragraph (i)(3) of this section, shall submit an application fee of $900 with the application requesting the issuance of a permit from the department to become an approved sponsor of continuing education to licensed architects in the form of courses of learning or educational activities. Application for a three-year renewal of the permit shall be accompanied by a fee of $900.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 69.6

Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023