Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 213-S.F.No. 1485 
                  An act relating to professions; modifying provisions 
                  of the board of architecture, engineering, land 
                  surveying, landscape architecture, geoscience, and 
                  interior design relating to fees and continuing 
                  education; increasing penalties; amending Minnesota 
                  Statutes 1998, section 326.111, subdivision 6; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 326; repealing Minnesota Rules, part 
                  1800.0500, subpart 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [326.105] [FEES.] 
           (a) The fee for licensure or renewal of licensure as an 
        architect, professional engineer, land surveyor, landscape 
        architect, or geoscience professional is $120 per biennium.  The 
        fee for certification as a certified interior designer or for 
        renewal of the certificate is $120 per biennium.  The fee for an 
        architect applying for original certification as a certified 
        interior designer is $50 per biennium.  The initial license or 
        certification fee for all professions is $120.  The renewal fee 
        shall be paid biennially on or before June 30 of each 
        even-numbered year.  The renewal fee, when paid by mail, is not 
        timely paid unless it is postmarked on or before June 30 of each 
        even-numbered year.  
           (b) The application fee is $25 for in-training applicants 
        and $75 for professional license applicants. 
           (c) The fee for monitoring licensing examinations for 
        applicants is $25, payable by the applicant. 
           Sec. 2.  [326.106] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] The terms used in section 326.107 
        have the meanings given them in this section.  
           Subd. 2.  [BIENNIAL RENEWAL.] "Biennial renewal" means a 
        period of time consisting of two consecutive 12-month periods 
        ending on June 30 of each even-numbered year. 
           Subd. 3.  [DUAL LICENSE OR CERTIFICATE HOLDER.] "Dual 
        license or certificate holder" means a person who is licensed or 
        certified in two professions regulated by the board. 
           Subd. 4.  [PROFESSIONAL DEVELOPMENT HOURS.] "Professional 
        development hours" means contact hours consisting of not less 
        than 50 minutes each of instruction or presentation meeting the 
        requirements of section 326.107.  
           Sec. 3.  [326.107] [CONTINUING EDUCATION.] 
           Subdivision 1.  [REQUIREMENTS.] (a) Architects, 
        professional engineers, land surveyors, landscape architects, 
        geoscientists, and interior designers licensed or certified by 
        this board must obtain the number of professional development 
        hours described in paragraphs (b) to (d) during each two-year 
        period of licensure or certification identified in section 
        326.105.  This requirement must be satisfied during the two-year 
        period prior to biennial renewal except for a carryover 
        permitted from the previous renewal period, which must not 
        exceed 50 percent of the biennial requirement of professional 
        development hours. 
           (b) Licensed professional engineers must earn a minimum of 
        24 professional development hours per biennial renewal except 
        for the carryover permitted. 
           (c) Licensed architects, land surveyors, landscape 
        architects, geoscientists, and certified interior designers must 
        earn a minimum of 24 professional development hours per biennial 
        renewal except for the carryover permitted. 
           (d) Dual license or certificate holders who have obtained a 
        license or certificate for two professions must earn 
        professional development hours required by the license or 
        certificate requiring the greatest number of professional 
        development hours and must obtain in each profession a minimum 
        of one-third of the total professional development hours 
        required.  The remaining one-third requirement may be obtained 
        in either profession at the sole discretion of the licensee or 
        certificate holder. 
           Subd. 2.  [PROGRAMS AND ACTIVITIES.] Continuing education 
        must consist of learning experiences which enhance and expand 
        the skills, knowledge, and abilities of practicing professionals 
        to remain current and render competent professional services to 
        the public.  Practitioners may pursue technical, nontechnical, 
        regulatory, ethical, and business practice needs for a 
        well-rounded education provided the education directly benefits 
        the health, safety, or welfare of the public.  Continuing 
        education activities which satisfy the professional development 
        requirement include, but are not limited to, the following: 
           (1) completing or auditing college-sponsored courses; 
           (2) completing self-study college or noncollege sponsored 
        courses, presented by correspondence, Internet, television, 
        video, or audio, ending with examination or other verification 
        processes; 
           (3) participation in seminars, tutorials, televised or 
        videotaped courses, or short courses; 
           (4) attending self-sponsored and prepared in-house 
        educational programs; 
           (5) completing a study tour with a structured program 
        resulting in a written or visual presentation by the licensee or 
        certificate holder; 
           (6) presenting or instructing qualifying courses or 
        seminars.  Professional development hours may be earned for 
        preparation time for the initial presentation; 
           (7) authoring published papers, articles, or books.  
        Professional development hours earned may equal preparation time 
        spent, may be claimed only following publication, and shall be 
        given for authorship or presentation, but not for both; 
           (8) participating in professional examination grading or 
        writing.  A maximum of five professional development hours per 
        biennium may be applied from this source; 
           (9) providing professional service to the public which 
        draws upon the licensee's or certificate holder's professional 
        expertise on boards, commissions, and committees such as 
        planning commissions, building code advisory boards, urban 
        renewal boards, or non-work-related volunteer service.  A 
        maximum of ten professional development hours per biennium may 
        be applied from this source; and 
           (10) patents, after they are granted, for a credit of ten 
        professional development hours. 
           Subd. 3.  [CRITERIA.] (a) Continuing education courses and 
        activities must meet the criteria in paragraphs (b) to (f). 
           (b) There must be a clear purpose and objective for each 
        activity which will maintain, improve, or expand skills and 
        knowledge obtained prior to initial licensure or certification 
        or develop new and relevant skills and knowledge. 
           (c) The content of each presentation must be well organized 
        and presented in a sequential manner. 
           (d) There must be evidence of preplanning which must 
        include the opportunity for input by the target group to be 
        served. 
           (e) The presentation must be made by persons who are well 
        qualified by education or experience. 
           (f) There must be a provision for documentation of the 
        individual's participation in the activity, including 
        information required for recordkeeping and reporting. 
           Subd. 4.  [EXEMPTIONS.] (a) A licensee or certificate 
        holder is exempt from the continuing education requirements for 
        one of the reasons listed in paragraphs (b) to (d). 
           (b) A new licensee or certificate holder is exempt for the 
        individual's first biennial renewal. 
           (c) A licensee or certificate holder who has experienced 
        during the biennial renewal a serious illness, injury, or other 
        extenuating circumstances as reviewed and approved by the board 
        is exempt.  Supporting documentation must be furnished to the 
        board prior to the end of the biennial renewal period. 
           (d) A licensee or certificate holder is exempt who, for a 
        period of time exceeding 120 consecutive days, serves honorably 
        on active duty in the military services where such activity 
        restricts participation in a continuing education program. 
           Subd. 5.  [COMITY.] Continuing education requirements may 
        be met without completing the entire renewal form if an 
        individual is licensed or certified in another state, province, 
        or district which is listed by the Minnesota board as having 
        continuing education requirements acceptable to the Minnesota 
        board and the licensee or certificate holder certifies in the 
        appropriate section that all continuing education and licensing 
        or certification requirements for that state, province, or 
        district have been met.  The licensee or certificate holder must 
        still maintain complete records as described in subdivision 7. 
           Subd. 6.  [FORMS.] A renewal application must include a 
        completed continuing education form as specified by the board 
        outlining professional development hours claimed.  The licensee 
        or certificate holder must supply sufficient detail on the form 
        to permit audit verification, must sign the continuing education 
        form certifying completion of the requirements, and must submit 
        the form with the renewal application and fee in section 326.105.
           Subd. 7.  [REPORTS AND RECORDS.] The licensee or 
        certificate holder shall maintain a file in which records of 
        courses and activities are kept, including dates, subjects, 
        duration of programs, sponsoring organization, professional 
        development hours earned, registration receipts where 
        appropriate, and other pertinent documentation, for a period of 
        two years after submission to the board.  This information may 
        be required to be produced by licensees or certificate holders.  
        The board may require a licensee or certificate holder to 
        produce this information in connection with verification of a 
        renewal application, a random audit conducted by the board, or 
        upon receipt of a complaint alleging noncompliance on the part 
        of a licensee or certificate holder. 
           Subd. 8.  [NONCOMPLIANCE.] A licensee or certificate holder 
        who does not satisfy the continuing education requirements for 
        licensure or certification renewal shall be placed on 
        probationary status and shall be promptly notified of that 
        fact.  The licensee or certificate holder has 180 days after 
        notification to substantiate the original claim or to earn other 
        professional development hours to meet the minimum requirement.  
        If the deficiencies are not made up within the specified period 
        of time, the individual's licensure or certification shall be 
        suspended.  Professional development hours earned within the 
        probation period and applied to current renewal may not be 
        applied to the requirements for the following biennial renewal.  
           An individual who applies for license or certification 
        renewal after the biennial renewal period has lapsed and has not 
        satisfied the continuing education requirements shall be 
        notified of that fact.  The licensee or certificate holder shall 
        have 180 days after notification to substantiate the original 
        claim or to earn other professional development hours to meet 
        the minimum requirement.  If the deficiencies are not made up 
        within the specified period of time, the individual's licensure 
        or certification shall be suspended. 
           Subd. 9.  [REINSTATEMENT.] A person who wishes to reinstate 
        a lapsed license or certificate of one year or more must satisfy 
        one-half the biennium requirement multiplied by the number of 
        years of lapsed status.  The minimum continuing education 
        requirement is one-half the biennium requirement.  The maximum 
        continuing education requirement is equal to the biennium 
        requirement.  The requirement shall be satisfied with continuing 
        education acquired within the period of the lapse, not to exceed 
        four years, prior to reinstatement. 
           Sec. 4.  Minnesota Statutes 1998, section 326.111, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 
        The board may impose a civil penalty not to exceed 
        $2,000 $10,000 per violation upon a person who commits an act or 
        practice constituting the unauthorized practice of architecture, 
        engineering, land surveying, landscape architecture, geoscience, 
        or the unauthorized use of the title certified interior 
        designer, or violates a statute, rule, or order that the board 
        has issued or is empowered to enforce.  
           (b) The board may, in addition, impose a fee to reimburse 
        the board for all or part of the cost of the proceedings 
        resulting in disciplinary action authorized by this section, the 
        imposition of civil penalties, or the issuance of a cease and 
        desist order.  The fee may be imposed when the board shows that 
        the position of the person who commits an act or practice 
        constituting the unauthorized practice of architecture, 
        engineering, land surveying, landscape architecture, geoscience, 
        or the unauthorized use of the title certified interior 
        designer, or violates a statute, rule, or order that the board 
        has issued or is empowered to enforce is not substantially 
        justified, unless special circumstances make an award unjust, 
        notwithstanding the provisions of Minnesota Rules, part 
        1400.8401.  The costs include, but are not limited to, the 
        amount paid by the board for services from the office of 
        administrative hearings, attorney fees, court reporters, 
        witnesses, reproduction of records, board members' per diem 
        compensation, board staff time, and expense incurred by board 
        members and staff.  
           Sec. 5.  [REPEALER.] 
           Minnesota Rules, part 1800.0500, subpart 3, is repealed. 
           Sec. 6.  [REVISOR'S INSTRUCTION.] 
           The revisor of statutes shall correct the references in 
        Minnesota Rules, part 1800.0500, subpart 4, from "subpart 3" to 
        "Minnesota Statutes, section 326.105." 
           Presented to the governor May 21, 1999 
           Signed by the governor May 24, 1999, 9:44 a.m.