THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to Licensing Examination and Continuing Education Requirements for Architects
DATE:	November 28, 2005
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

 

Issue for Decision

 

Should the Regents amend sections 69.1(c), 69.2, and 69.6 of the Regulations of the Commissioner of Education relating to licensing examination and continuing education requirements for architects?

 

Reason(s) for Consideration

          Review of Policy and Required by State statute.

 

Proposed Handling

 

The proposed amendment is being submitted for approval at the December 2005 meeting of the Board of Regents.

 

 

Procedural History

 

          The proposed amendment was discussed at the November 2005 meeting of the Board of Regents.   A Notice of Proposed Rule Making was published in the State Register on October 5, 2005.

 

Background Information

 

The purpose of the proposed amendment is to establish requirements for the licensing examination in architecture and for continuing education that licensed architects must complete to be registered to practice this profession in New York State.  The amendment is needed to discontinue an unnecessary conditional admission requirement for the licensing examination.  It is also needed to conform licensing examination requirements to policy changes of the National Council of Architectural Registration Boards (NCARB), the national organization that gives the licensing examination.  Specifically, it establishes conforming standards for the retention of examination credit and provides that the results of the examination will be reported on a pass/fail basis rather than by numerical grade.  Finally, the amendment establishes standards for acceptable continuing education for architects, consistent with recent statutory changes.  An Assessment of Public Comment relating to the proposed amendment is attached.   

 

Recommendation

 

          I recommend that the Board of Regents take the following action:

 

          VOTED: That subdivision (c) of section 69.1 of the Regulations of the Commissioner of Education be repealed and that sections 69.2 and 69.6 of the Regulations of the Commissioner of Education be amended, as submitted, effective December 29, 2005.

 

Timetable for Implementation

 

The effective date of the proposed amendment is December 29, 2005.

 

 

 

 

Attachments

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

          Pursuant to sections 207, 6506, 6507, 7304, and 7308 of the Education Law. 

1.  Subdivision (c) of section 69.1 of the Regulations of the Commissioner of Education is repealed, effective December 29, 2005.

2.  Section 69.2 of the Regulations of the Commissioner of Education is amended, effective December 29, 2005, as follows:

69.2 Licensing examinations.

(a) Content.  The examination may include, but need not be limited to, architectural history, theory, construction, professional practice, building design and site planning.  The department may accept satisfactory scores, reported on a pass/fail basis, on all or part of the written examination produced by the National Council of Architectural Registration Boards.

[(b) . . . ]

[(c)] (b) Retention of credit.

(1) The grade retention provisions of section 59.5(f) of this Title shall not be applicable to the examination.

(2) Applicants who have passed a division of the examination prior to January 1, 2006 shall retain credit for that examination division without time limitation.  Applicants who have passed a division of the examination on or after January 1, 2006 shall retain credit for that division for a five-year period that begins on the date of the administration of that examination division. 

 [(d)] (c) . . .

3.  Section 69.6 of the Regulations of the Commissioner of Education is amended, effective December 29, 2005, as follows:

69.6 Continuing education for architects.

(a) Definitions.  As used in this section, acceptable accrediting agency [shall mean] 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) . . .  

(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 for the triennial registration period during which they are first licensed to practice architecture in New York State, [exclusive of] except those first licensed to practice architecture in New York State pursuant to an endorsement of a license of another jurisdiction;

(b) . . .

(c) 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 [paragraph (c)(2)] subdivision (e) of this section to meet the requirements for the resumption of practice in New York State.

           (ii) Adjustments to the requirement. An adjustment to the continuing education requirement, as prescribed in subdivision (c) of this section, [shall] may be made by the department, provided that the licensee documents good cause that prevents compliance, which shall include, but not be limited to, any of the following reasons: poor health certified by a physician; or a specific physical or mental disability certified by an appropriate health care professional; or extended active duty with the Armed Forces of the United States; or other good cause beyond the licensee’s control which in the judgment of the department makes it impossible for the licensee to comply with the continuing education requirements in a timely manner.

          [(c) . . .]

(c) Mandatory continuing education requirement.

(1) General Requirement.

          (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, provided that the number of hours of such continuing education that consists of other educational activities as prescribed in paragraph (2) of this subdivision shall be limited in accordance with the requirements set forth in section 7308(2) of the Education Law.  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.                     

(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 contribute to professional practice in architecture:

(a) in any one or more of the following curricular areas relating to the health, safety, and welfare of the public: accessibility; acoustics; building design; code of ethics; codes, acts, laws, and regulations governing the practice of architecture; construction administration, including the administration of construction contracts; construction documents; construction functions of materials, methods, and systems; energy efficiency; environmental issues - including asbestos, lead based paint, toxic emissions; environmental analysis and issues of building materials and systems; building fire loads - flame spread, smoke contribution, explosives; fire safety systems - detection and alarm standards; life safety codes; materials and systems - roofing/waterproofing, wall systems, and other systems; materials and methods, use and function; mechanical, plumbing, and electrical - system concepts, materials and methods; natural hazards - impact of earthquake, hurricane, or flood related to building design; building preservation, renovation, restoration, and adaptive re-use; design of security of buildings; site and soils analysis; site design; specification writing; structural issues; surveying methods and techniques; sustainable design; zoning as it relates to the improvement and/or protection of the health, safety and welfare of the public; or other matters of law and ethics which contribute to the health, safety and welfare of the public; and

(b) in other topics which 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, provided that the number of hours of continuing education that consists of other educational activities shall be limited in accordance with the requirements set forth in section 7308(2) of the Education Law:

(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 patent 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; or

(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.

          (d) . . .

(e) Requirement for lapse in practice.

          (1) The 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 and did not lawfully practice architecture continuously in another jurisdiction throughout the lapse period, 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) at least one hour of acceptable continuing education for each month of lapsed registration up to a maximum 36 hours, which shall be completed in the 12 months before the beginning of the new registration period; and

          (iii) at least 12 hours of acceptable  continuing education in each succeeding 12-month period, after such registration is reissued, until the next registration date.

          (2) The 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 but did lawfully practice architecture continuously in another jurisdiction throughout the lapse period, 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) at least one hour of acceptable  continuing education for each month of lapsed registration up to a maximum of 36 hours, which shall be completed in the new registration period, or at the option of the licensee in the period beginning 36 months before the commencement of the new registration period and ending at the conclusion of the new registration period; and

(iii) the regular continuing education requirement during the new registration period.

[(e)] (f)          Conditional registration.

          (1) The department [shall] 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) . . .

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

(iii) . . .  

(2) . . .

[(f)] (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 title of the program] 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 [program] continuing education.  Such records shall be retained for at least six years from the date of completion of the [program] continuing education and shall be available for review by the department in the administration of the requirements of this section.

          [(g)] (h) Measurement of continuing education study.    Continuing education credit shall be granted only for [formal courses of learning that meet the requirements set forth] acceptable continuing education as prescribed in subdivision (c) of this section.  [A] For continuing education courses, a minimum of 50 minutes of study shall equal one continuing education hour of [continuing education] credit.  For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of [continuing education] credit, and each quarter-hour of credit shall equal 10 continuing education hours of [continuing education] credit.    

[(h)] (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 self-study programs 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 self-study programs:

(i) a sponsor of continuing education that is approved by The American Institute of Architects Continuing Education System (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; or

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

(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 self-study programs [and] that are not deemed approved pursuant to the requirements of paragraph (2) of this subdivision.

(ii) Organizations desiring to offer [continuing education] courses of learning or self-study programs based upon a department review under this paragraph shall submit, with the fee as set forth in subdivision [(i)] (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 [study] learning or self-study programs in any one or more of the [curricular areas] subjects prescribed for acceptable continuing education in subparagraph [(c)(4)(i) and (ii)] (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 architecture 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 building design and the building sciences, as determined by the department [upon recommendation of] with assistance from the State Board for Architecture, to conduct such courses;

(d) . . . 

(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 architects in [such coursework] the course if a course, a record of participation of licensed architects in the self-study program if a self-study program, an outline of the course [of instruction] or program, date and location of the [coursework] course or program, and the number of hours for completion of the [coursework] course or program.  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) . . .

(iv) . . .

(v) . . .

[(i)] (j) Fees. 

(1) . . .

(2) Licensees applying for a conditional registration, pursuant to the requirements of subdivision [(e)](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 [(h)(3)] (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 [a formal continuing education program] continuing education to licensed architects in the form of courses of learning or self-study programs.  Application for a three-year renewal of the permit shall be accompanied by a fee of $900.

PROPOSED AMENDMENT TO SECTIONS 69.1(c), 69.2, and 69.6 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 6506, 6507, 7304, AND 7308 OF THE EDUCATION LAW RELATING TO LICENSING EXAMINATION AND CONTINUING EDUCATION REQUIREMENTS FOR ARCHITECTS

ASSESSMENT OF PUBLIC COMMENT

          The proposed rule was published in the State Register on October 5, 2005.  Below is a summary of written comments received by the State Education Department concerning the proposed rule making and the Department’s assessment of issues raised by the comments.

          COMMENT: We support the proposed amendment as written and the change in Education Law that makes the continuing education requirements for architecture more consistent with those for professional engineers. 

          RESPONSE: The amendment implements the requirements of section 7308(2) and (4) of the Education Law, as amended by Chapter 706 of the Laws of 2004.  The statutory change permits licensed architects to complete educational activities other than course work to meet the mandatory continuing education requirements.  The regulation specifies the types of activities that an architect may engage in to meet the continuing education requirement.    These types of learning activities are consistent with those prescribed for the other design profession of engineering.

COMMENT:  The summary of the proposed regulation published in the State Register uses the terms "formal continuing education" and "formal courses of learning" in reference to mandatory continuing education for licensed architects.  To be consistent with statutory language, the regulation should not use the term "formal" when referencing continuing education requirements or courses of learning. 

RESPONSE:  The summary of the proposed regulation provided to the Department of State for publication in the State Register did not contain the word "formal."  However, through an inadvertent printing error, such term was included in the summary published in the State Register.  In any case, while the summary of the regulation uses the word "formal" in two places (once modifying "continuing education requirements" and the second time modifying "courses of learning") the regulation itself does not use the word "formal".   In addition, the use of the word "formal" in the summary does not alter the accuracy of the summary.  The summary makes it clear that continuing education may be in course work and other educational activities, as prescribed in the regulation and within the limitations prescribed in Education Law section 7308(2).

          COMMENT:  We have no objection to the proposed regulation.  However, we note that the proposed regulation permits licensed architects to engage in structured educational tours to meet a portion of their continuing education requirement.  This same option should be made available to professional engineers.

          RESPONSE:  The Department has proposed an amendment to the continuing education requirements for professional engineers to add structured educational tours to the list of acceptable educational activities available to meet the continuing education requirement in that profession.   The amendment is scheduled for Regents adoption at their December 2005 Regents meeting and would be effective December 29, 2005, if adopted.