2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to professions; modifying provisions of the 1.3 board of architecture, engineering, land surveying, 1.4 landscape architecture, geoscience, and interior 1.5 design relating to fees and continuing education; 1.6 increasing penalties; amending Minnesota Statutes 1.7 1998, section 326.111, subdivision 6; proposing coding 1.8 for new law in Minnesota Statutes, chapter 326; 1.9 repealing Minnesota Rules, part 1800.0500, subpart 3. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. [326.105] [FEES.] 1.12 (a) The fee for licensure or renewal of licensure as an 1.13 architect, professional engineer, land surveyor, landscape 1.14 architect, or geoscience professional is $120 per biennium. The 1.15 fee for certification as a certified interior designer or for 1.16 renewal of the certificate is $120 per biennium. The fee for an 1.17 architect applying for original certification as a certified 1.18 interior designer is $50 per biennium. The initial license or 1.19 certification fee for all professions is $120. The renewal fee 1.20 shall be paid biennially on or before June 30 of each 1.21 even-numbered year. The renewal fee, when paid by mail, is not 1.22 timely paid unless it is postmarked on or before June 30 of each 1.23 even-numbered year. 1.24 (b) The application fee is $25 for in-training applicants 1.25 and $75 for professional license applicants. 1.26 (c) The fee for monitoring licensing examinations for 1.27 applicants is $25, payable by the applicant. 2.1 Sec. 2. [326.106] [DEFINITIONS.] 2.2 Subdivision 1. [SCOPE.] The terms used in section 326.107 2.3 have the meanings given them in this section. 2.4 Subd. 2. [BIENNIAL RENEWAL.] "Biennial renewal" means a 2.5 period of time consisting of two consecutive 12-month periods 2.6 ending on June 30 of each even-numbered year. 2.7 Subd. 3. [DUAL LICENSE OR CERTIFICATE HOLDER.] "Dual 2.8 license or certificate holder" means a person who is licensed or 2.9 certified in two professions regulated by the board. 2.10 Subd. 4. [PROFESSIONAL DEVELOPMENT HOURS.] "Professional 2.11 development hours" means contact hours consisting of not less 2.12 than 50 minutes each of instruction or presentation meeting the 2.13 requirements of section 326.107. 2.14 Sec. 3. [326.107] [CONTINUING EDUCATION.] 2.15 Subdivision 1. [REQUIREMENTS.] (a) Architects, 2.16 professional engineers, land surveyors, landscape architects, 2.17 geoscientists, and interior designers licensed or certified by 2.18 this board must obtain the number of professional development 2.19 hours described in paragraphs (b) to (d) during each two-year 2.20 period of licensure or certification identified in section 2.21 326.105. This requirement must be satisfied during the two-year 2.22 period prior to biennial renewal except for a carryover 2.23 permitted from the previous renewal period, which must not 2.24 exceed 50 percent of the biennial requirement of professional 2.25 development hours. 2.26 (b) Licensed professional engineers must earn a minimum of 2.27 24 professional development hours per biennial renewal except 2.28 for the carryover permitted. 2.29 (c) Licensed architects, land surveyors, landscape 2.30 architects, geoscientists, and certified interior designers must 2.31 earn a minimum of 24 professional development hours per biennial 2.32 renewal except for the carryover permitted. 2.33 (d) Dual license or certificate holders who have obtained a 2.34 license or certificate for two professions must earn 2.35 professional development hours required by the license or 2.36 certificate requiring the greatest number of professional 3.1 development hours and must obtain in each profession a minimum 3.2 of one-third of the total professional development hours 3.3 required. The remaining one-third requirement may be obtained 3.4 in either profession at the sole discretion of the licensee or 3.5 certificate holder. 3.6 Subd. 2. [PROGRAMS AND ACTIVITIES.] Continuing education 3.7 must consist of learning experiences which enhance and expand 3.8 the skills, knowledge, and abilities of practicing professionals 3.9 to remain current and render competent professional services to 3.10 the public. Practitioners may pursue technical, nontechnical, 3.11 regulatory, ethical, and business practice needs for a 3.12 well-rounded education provided the education directly benefits 3.13 the health, safety, or welfare of the public. Continuing 3.14 education activities which satisfy the professional development 3.15 requirement include, but are not limited to, the following: 3.16 (1) completing or auditing college-sponsored courses; 3.17 (2) completing self-study college or noncollege sponsored 3.18 courses, presented by correspondence, Internet, television, 3.19 video, or audio, ending with examination or other verification 3.20 processes; 3.21 (3) participation in seminars, tutorials, televised or 3.22 videotaped courses, or short courses; 3.23 (4) attending self-sponsored and prepared in-house 3.24 educational programs; 3.25 (5) completing a study tour with a structured program 3.26 resulting in a written or visual presentation by the licensee or 3.27 certificate holder; 3.28 (6) presenting or instructing qualifying courses or 3.29 seminars. Professional development hours may be earned for 3.30 preparation time for the initial presentation; 3.31 (7) authoring published papers, articles, or books. 3.32 Professional development hours earned may equal preparation time 3.33 spent, may be claimed only following publication, and shall be 3.34 given for authorship or presentation, but not for both; 3.35 (8) participating in professional examination grading or 3.36 writing. A maximum of five professional development hours per 4.1 biennium may be applied from this source; 4.2 (9) providing professional service to the public which 4.3 draws upon the licensee's or certificate holder's professional 4.4 expertise on boards, commissions, and committees such as 4.5 planning commissions, building code advisory boards, urban 4.6 renewal boards, or non-work-related volunteer service. A 4.7 maximum of ten professional development hours per biennium may 4.8 be applied from this source; and 4.9 (10) patents, after they are granted, for a credit of ten 4.10 professional development hours. 4.11 Subd. 3. [CRITERIA.] (a) Continuing education courses and 4.12 activities must meet the criteria in paragraphs (b) to (f). 4.13 (b) There must be a clear purpose and objective for each 4.14 activity which will maintain, improve, or expand skills and 4.15 knowledge obtained prior to initial licensure or certification 4.16 or develop new and relevant skills and knowledge. 4.17 (c) The content of each presentation must be well organized 4.18 and presented in a sequential manner. 4.19 (d) There must be evidence of preplanning which must 4.20 include the opportunity for input by the target group to be 4.21 served. 4.22 (e) The presentation must be made by persons who are well 4.23 qualified by education or experience. 4.24 (f) There must be a provision for documentation of the 4.25 individual's participation in the activity, including 4.26 information required for recordkeeping and reporting. 4.27 Subd. 4. [EXEMPTIONS.] (a) A licensee or certificate 4.28 holder is exempt from the continuing education requirements for 4.29 one of the reasons listed in paragraphs (b) to (d). 4.30 (b) A new licensee or certificate holder is exempt for the 4.31 individual's first biennial renewal. 4.32 (c) A licensee or certificate holder who has experienced 4.33 during the biennial renewal a serious illness, injury, or other 4.34 extenuating circumstances as reviewed and approved by the board 4.35 is exempt. Supporting documentation must be furnished to the 4.36 board prior to the end of the biennial renewal period. 5.1 (d) A licensee or certificate holder is exempt who, for a 5.2 period of time exceeding 120 consecutive days, serves honorably 5.3 on active duty in the military services where such activity 5.4 restricts participation in a continuing education program. 5.5 Subd. 5. [COMITY.] Continuing education requirements may 5.6 be met without completing the entire renewal form if an 5.7 individual is licensed or certified in another state, province, 5.8 or district which is listed by the Minnesota board as having 5.9 continuing education requirements acceptable to the Minnesota 5.10 board and the licensee or certificate holder certifies in the 5.11 appropriate section that all continuing education and licensing 5.12 or certification requirements for that state, province, or 5.13 district have been met. The licensee or certificate holder must 5.14 still maintain complete records as described in subdivision 7. 5.15 Subd. 6. [FORMS.] A renewal application must include a 5.16 completed continuing education form as specified by the board 5.17 outlining professional development hours claimed. The licensee 5.18 or certificate holder must supply sufficient detail on the form 5.19 to permit audit verification, must sign the continuing education 5.20 form certifying completion of the requirements, and must submit 5.21 the form with the renewal application and fee in section 326.105. 5.22 Subd. 7. [REPORTS AND RECORDS.] The licensee or 5.23 certificate holder shall maintain a file in which records of 5.24 courses and activities are kept, including dates, subjects, 5.25 duration of programs, sponsoring organization, professional 5.26 development hours earned, registration receipts where 5.27 appropriate, and other pertinent documentation, for a period of 5.28 two years after submission to the board. This information may 5.29 be required to be produced by licensees or certificate holders. 5.30 The board may require a licensee or certificate holder to 5.31 produce this information in connection with verification of a 5.32 renewal application, a random audit conducted by the board, or 5.33 upon receipt of a complaint alleging noncompliance on the part 5.34 of a licensee or certificate holder. 5.35 Subd. 8. [NONCOMPLIANCE.] A licensee or certificate holder 5.36 who does not satisfy the continuing education requirements for 6.1 licensure or certification renewal shall be placed on 6.2 probationary status and shall be promptly notified of that 6.3 fact. The licensee or certificate holder has 180 days after 6.4 notification to substantiate the original claim or to earn other 6.5 professional development hours to meet the minimum requirement. 6.6 If the deficiencies are not made up within the specified period 6.7 of time, the individual's licensure or certification shall be 6.8 suspended. Professional development hours earned within the 6.9 probation period and applied to current renewal may not be 6.10 applied to the requirements for the following biennial renewal. 6.11 An individual who applies for license or certification 6.12 renewal after the biennial renewal period has lapsed and has not 6.13 satisfied the continuing education requirements shall be 6.14 notified of that fact. The licensee or certificate holder shall 6.15 have 180 days after notification to substantiate the original 6.16 claim or to earn other professional development hours to meet 6.17 the minimum requirement. If the deficiencies are not made up 6.18 within the specified period of time, the individual's licensure 6.19 or certification shall be suspended. 6.20 Subd. 9. [REINSTATEMENT.] A person who wishes to reinstate 6.21 a lapsed license or certificate of one year or more must satisfy 6.22 one-half the biennium requirement multiplied by the number of 6.23 years of lapsed status. The minimum continuing education 6.24 requirement is one-half the biennium requirement. The maximum 6.25 continuing education requirement is equal to the biennium 6.26 requirement. The requirement shall be satisfied with continuing 6.27 education acquired within the period of the lapse, not to exceed 6.28 four years, prior to reinstatement. 6.29 Sec. 4. Minnesota Statutes 1998, section 326.111, 6.30 subdivision 6, is amended to read: 6.31 Subd. 6. [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 6.32 The board may impose a civil penalty not to exceed 6.33
$2,000$10,000 per violation upon a person who commits an act or 6.34 practice constituting the unauthorized practice of architecture, 6.35 engineering, land surveying, landscape architecture, geoscience, 6.36 or the unauthorized use of the title certified interior 7.1 designer, or violates a statute, rule, or order that the board 7.2 has issued or is empowered to enforce. 7.3 (b) The board may, in addition, impose a fee to reimburse 7.4 the board for all or part of the cost of the proceedings 7.5 resulting in disciplinary action authorized by this section, the 7.6 imposition of civil penalties, or the issuance of a cease and 7.7 desist order. The fee may be imposed when the board shows that 7.8 the position of the person who commits an act or practice 7.9 constituting the unauthorized practice of architecture, 7.10 engineering, land surveying, landscape architecture, geoscience, 7.11 or the unauthorized use of the title certified interior 7.12 designer, or violates a statute, rule, or order that the board 7.13 has issued or is empowered to enforce is not substantially 7.14 justified, unless special circumstances make an award unjust, 7.15 notwithstanding the provisions of Minnesota Rules, part 7.16 1400.8401. The costs include, but are not limited to, the 7.17 amount paid by the board for services from the office of 7.18 administrative hearings, attorney fees, court reporters, 7.19 witnesses, reproduction of records, board members' per diem 7.20 compensation, board staff time, and expense incurred by board 7.21 members and staff. 7.22 Sec. 5. [REPEALER.] 7.23 Minnesota Rules, part 1800.0500, subpart 3, is repealed. 7.24 Sec. 6. [REVISOR'S INSTRUCTION.] 7.25 The revisor of statutes shall correct the references in 7.26 Minnesota Rules, part 1800.0500, subpart 4, from "subpart 3" to 7.27 "Minnesota Statutes, section 326.105."