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TITLE 864 STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS

Proposed Rule
LSA Document #07-664

DIGEST

Adds 864 IAC 1.1-15 to establish the requirements for continuing education. Effective 30 days after filing with the Publisher.




SECTION 1. 864 IAC 1.1-15 IS ADDED TO READ AS FOLLOWS:

Rule 15. Continuing Education


864 IAC 1.1-15-1 Continuing education

Authority: IC 25-1-4-8; IC 25-31-1-17.5
Affected: IC 25


Sec. 1. This rule establishes the continuing education requirements for professional engineers.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-1)


864 IAC 1.1-15-2 Definitions

Authority: IC 25-1-4-8; IC 25-31-1-17.5
Affected: IC 25-1-4-0.5


Sec. 2. (a) As used in this rule, "biennium" means a two (2) year licensure period during which continuing education requirements must be met. It:
(1) commences on August 1 of an even-numbered year; and
(2) concludes on July 31 of the next even-numbered year.

(b) As used in this rule, "CE" means one (1) continuing education hour must contain at least fifty (50) minutes of instruction or course contact time.

(c) As used in this rule, "continuing education" has the meaning set forth in IC 25-1-4-0.5.

(d) As used in IC 25-1-4-0.5 and this rule, "designed to directly enhance the practitioner's knowledge and skill", for professional engineers, means a course that is formally organized primarily instructional and contributes directly to the professional competence in the practice of engineering.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-2)


864 IAC 1.1-15-3 Continuing education hours required

Authority: IC 25-1-4-8; IC 25-31-1-17.5
Affected: IC 25-1-4


Sec. 3. (a) Except for holders of an inactive certificate under section 9 of this rule, during each biennium a professional engineer shall complete thirty (30) hours of continuing education that meets the requirements of this rule and IC 25-1-4.

(b) At least two (2) hours of the continuing education required in each biennium under subsection (a) shall be in ethics or Indiana statutes and rules.

(c) A professional engineer initially licensed in Indiana in the first year of a biennium shall only be required to obtain fifteen (15) hours of continuing education. A professional engineer initially licensed in Indiana in the second year of a biennium shall not be required to obtain any continuing education.

(d) Continuing education hours:
(1) must be obtained within the biennial renewal period; and
(2) may not be carried over from one (1) biennium to another.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-3)


864 IAC 1.1-15-4 Credit for distance learning, teaching, and college courses

Authority: IC 25-31-1-17.5
Affected: IC 25


Sec. 4. (a) Distance learning courses obtained by distance learning methods shall qualify.

(b) Courses that are relevant to the professional engineer's professional skills, which are part of the curriculum of an accredited university, college, or educational institution, shall earn:
(1) fifteen (15) CEs for each academic semester hour completed; or
(2) ten (10) CEs for each academic quarter hour completed.

(c) Faculty teaching a course at an accredited university, college, or educational institution shall earn one and one-half (1 1/2) CEs for every semester credit hour taught. A faculty member may obtain CE credit for teaching a specific course only for the first time the faculty member teaches the course.

(d) Services as an instructor or presenter at a qualified continuing education course earn one (1) CE for each hour of service, but only for the initial instruction or presentation.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-4)


864 IAC 1.1-15-5 Approval of continuing education programs

Authority: IC 25-1-4; IC 25-31-1-17.5


Sec. 5. (a) It is the professional engineer's responsibility to ensure that the course is applicable to enhancing the practice of engineering. According to IC 25-1-4-0.5, certain courses are automatically approved by being approved by an approved organization under IC 25-1-4-0.2 assuming the subject matter of the course is acceptable under this rule by being designed to directly enhance the practitioner's knowledge and skill. For any course not automatically approved, the following criteria shall be used for board approval of continuing education programs for professional engineers:
(1) The continuing education course shall have a statement of objectives, which the program should achieve for its participants relating to and enhancing the practice of engineering.
(2) The sponsor of continuing education courses shall provide:
(A) adequate administration, including a responsible person to coordinate and administer the program; and
(B) for the maintenance of proper records.
(3) The curriculum of a continuing education course shall be thoughtfully planned and designed to explore in considerable depth one (1) subject or a closely related group of subjects related to the practice of engineering.
(4) The continuing education course shall:
(A) have qualified faculty members who have demonstrated competence in the subject areas;
(B) be held in adequate facilities that allow for an effective program; and
(C) employ a variety of educational methods and teaching aids that enhance the learning opportunities.
(5) Appropriate methods of evaluation shall be devised and used to measure the continuing education course's effectiveness.
(6) The sponsor of the continuing education course shall provide to the participants a meaningful record of attendance stating the continuing education hours involved, such as a certificate of completion.

(b) Continuing education courses may be approved by the board provided the sponsoring organization has submitted the proper form.

(c) The sponsor of the course is responsible for monitoring attendance in such a manner that verification of attendance throughout the entire course can be reliably assured.

(d) Notwithstanding subsections (a) and (b), continuing education courses for professional engineers approved by an approved organization under IC 25-1-4-0.2 are automatically approved.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-5)


864 IAC 1.1-15-6 Reporting continuing education

Authority: IC 25-31-1-17.5
Affected: IC 25


Sec. 6. (a) A licensee must sign the renewal form provided by the agency that verifies that all continuing education requirements according to section 3 of this rule will have been met by the time of license renewal.

(b) The professional engineer shall maintain copies of certificates of completion of continuing education courses for a period of three (3) years following the end of the biennium.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-6)


864 IAC 1.1-15-7 Continuing education audit

Authority: IC 25-1-4; IC 25-31-1-17.5
Affected: IC 25-1-4-3


Sec. 7. (a) As required by IC 25-1-4-3, the board shall conduct random audits for compliance with continuing education requirements.

(b) Action taken for noncompliance will be governed by IC 25-1-4.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-7)


864 IAC 1.1-15-8 Request for a waiver of the continuing education requirement

Authority: IC 25-1-4; IC 25-31-1-17.5
Affected: IC 25-1-4-4


Sec. 8. (a) Under IC 25-1-4-4, a professional engineer may apply in writing for a waiver for all or part of the continuing education requirements for a biennium, seeking renewal of that license without having completed the CEs required for renewal under this rule, must submit the following:
(1) A statement explaining the reasons for noncompliance.
(2) A request for a waiver of the CEs required for renewal.
(3) The renewal application and all required fees.

(b) The license holder must submit evidence to the satisfaction of the board to be granted a waiver.

(c) If the request is granted, the waiver will be effective for the current renewal period only.

(d) If the request is denied, the license holder is responsible for completing the full amount of continuing education required for license renewal.

(e) Waivers may be granted if a hardship exists. The board will determine whether a hardship exists that would have prevented the licensee from obtaining his or her CEs, including, but not limited to, the following:
(1) For at least one (1) year during the current renewal period, the licensee was absent due to full-time service in the armed services of the United States.
(2) During the current renewal period, the licensee or an immediate family member, where the licensee has primary responsibility for the care of that family member, was suffering from or suffered an incapacitating illness or injury. The existence of the incapacitating illness or injury must be verified by a licensed physician or psychologist with special expertise in the area of the incapacitating illness or injury. Verification of the incapacitating illness or injury must include the following:
(A) The nature and extent of the illness or injury.
(B) An explanation of how the illness or injury would hinder the licensee from completing the continuing education requirement.
(C) The:
(i) name;
(ii) title;
(iii) address;
(iv) telephone number;
(v) professional license number; and
(vi) original signature;
of the licensed physician or psychologist verifying the illness or injury.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-8)


864 IAC 1.1-15-9 Inactive status

Authority: IC 25-1-4; IC 25-31-1-17.5
Affected: IC 25


Sec. 9. A professional engineer may apply to the board to renew in an inactive status. No continuing education is required to renew inactive. An inactive professional engineer may not practice engineering while in an inactive status.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-9)


864 IAC 1.1-15-10 Reactivation of inactive license

Authority: IC 25-1-4; IC 25-31-1-17.5
Affected: IC 25


Sec. 10. To reactivate an inactive license, a professional engineer must do the following:
(1) Apply to the board for reactivation on the application form supplied by the board.
(2) Pay the same fee required to renew an active license.
(3) Show proof of having completed thirty (30) hours of continuing education that meet the requirements of this rule within the two (2) year period immediately prior to the date the reactivation application is filed.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-15-10)



Posted: 02/27/2008 by Legislative Services Agency

DIN: 20080227-IR-864070664PRA
Composed: May 06,2024 5:01:05PM EDT
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