Section 7211. Mandatory continuing education for professional engineers

1.
  (a) Each licensed professional engineer required under this  article  to
  register triennially with the department to practice in this state shall
  comply   with   provisions   of   the   mandatory  continuing  education
  requirements prescribed in subdivision two of this section except as set
  forth in paragraphs  (b)  and  (c)  of  this  subdivision.  Professional
  engineers   who  do  not  satisfy  the  mandatory  continuing  education
  requirements shall not practice until they have met  such  requirements,
  and   have  been  issued  a  registration  certificate,  except  that  a
  professional engineer may practice without having met such  requirements
  if  he  or she is issued a conditional registration certificate pursuant
  to subdivision three of this section.
    (b)  Professional  engineers  shall  be  exempt  from  the   mandatory
  continuing  education  requirement for the triennial registration period
  during which they are first licensed. In accordance with the  intent  of
  this   section,   adjustment   to  the  mandatory  continuing  education
  requirement 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)  A  licensed  professional  engineer  not  engaged  in practice as
  determined by  the  department,  shall  be  exempt  from  the  mandatory
  continuing education requirement upon the filing of a statement with the
  department  declaring  such  status.  Any  licensee  who  returns to the
  practice of professional engineering during the  triennial  registration
  period  shall  notify  the department prior to reentering the profession
  and shall  meet  such  mandatory  education  requirements  as  shall  be
  prescribed by regulations of the commissioner.
    (d)  Professional  engineers directly employed on a full time basis by
  the state of New York, its agencies, public authorities, public  benefit
  corporations  or  local  governmental  units prior to January first, two
  thousand four and who are represented by a collective bargaining unit or
  who are  designated  managerial  or  confidential  pursuant  to  article
  fourteen  of  the civil service law, at all times when so employed shall
  be deemed to have satisfied the  continuing  education  requirements  of
  this  section,  provided  however that any such licensees who thereafter
  leave such employment and enter the practice of professional engineering
  in other capacities in New York, or otherwise engage in  such  practice,
  shall  satisfy  the requirements of this section in such manner as shall
  be prescribed by regulations of the commissioner.
    2.  During  each  triennial  registration  period  an  applicant   for
  registration  shall complete a minimum of thirty-six hours of acceptable
  continuing education, as specified in subdivision four of this  section,
  provided  that  no more than eighteen hours of such continuing education
  may consist of non-course activities. Any  professional  engineer  whose
  first  registration  date  following  the effective date of this section
  occurs less than three years from such effective date, but on  or  after
  January  first,  two  thousand five, shall complete continuing education
  hours on a prorated basis at the rate of one  hour  per  month  for  the
  period  beginning  January  first,  two  thousand  four  up to the first
  registration date thereafter. A  licensee  who  has  not  satisfied  the
  mandatory  continuing  education  requirements  shall  not  be  issued a
  triennial registration certificate  by  the  department  and  shall  not
  practice  unless  and  until  a  conditional registration certificate is
  issued as provided for in subdivision three of this  section.  With  the
  exception  of  continuing  education hours taken during the registration
  period  immediately  preceding  the  effective  date  of  this  section,

  continuing  education  hours  taken  during  one  triennium  may  not be
  transferred to a subsequent triennium.
    3.  The  department,  in  its  discretion,  may  issue  a  conditional
  registration to a licensee who fails to meet  the  continuing  education
  requirements  established  in  subdivision  two  of this section but who
  agrees to make up any deficiencies and complete any additional education
  which the department  may  require.  The  fee  for  such  a  conditional
  registration  shall  be the same as, and in addition to, the fee for the
  triennial registration. The duration of  such  conditional  registration
  shall be determined by the department but shall not exceed one year. Any
  licensee  who  is  notified of the denial of registration for failure to
  submit evidence, satisfactory to the department, of required  continuing
  education  and  who  practices  professional  engineering  without  such
  registration, may be subject to  disciplinary  proceedings  pursuant  to
  section sixty-five hundred ten of this title.
    4.  As used in subdivision two of this section, "acceptable continuing
  education" shall mean courses of  learning  and  educational  activities
  which  contribute  to  professional practice in professional engineering
  and  which  meet  the  standards  prescribed  by  regulations   of   the
  commissioner.  The  department  may,  in its discretion and as needed to
  contribute to  the  health  and  welfare  of  the  public,  require  the
  completion of continuing education courses in specific subjects.
    5.  Professional  engineers  shall  maintain adequate documentation of
  completion of acceptable continuing education and educational activities
  and shall provide such documentation at the request of the department.
    6. The mandatory continuing education fee shall be forty-five dollars,
  shall  be  payable  on  or  before  the  first  day  of  each  triennial
  registration  period,  and  shall  be  paid in addition to the triennial
  registration fee required by section seventy-two  hundred  six  of  this
  article.