Exemption from Continuing Education

ARKANSAS
RULES OF THE BOARD

ARTICLE 20. CONTINUING PROFESSIONAL COMPETENCY (CPC)
G. Exemptions. A licensee may be exempt from the professional development education requirements for one of the following reasons:
1. New licensees by way of examination or reciprocity shall be exempt for their first renewal period;
2. A licensee serving on temporary active duty in the Armed Forces of the United States, or out of the United States, for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining professional development hours required during that year;
3. A licensee experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the Board may be exempt. Supporting documentation must be furnished to the Board;
4. A licensee listed as “inactive” on the Board approved renewal form certifying that they are no longer receiving any remuneration from providing professional engineering or professional surveying services shall be exempt from the professional development hours required;
5. A Professional Surveyor may be exempt if sixty (60) years of age or older or has twenty (20) years of acceptable professional experience.

DDSM

Texas - No exemption. Some form of CEU is necessary every year your license is active.

A license can be put on the shelf and go into non-active status and pay reduced annual fee and suspend CEUs during that period.

When ready to dust it off and become active you must contact the BOR and do what they require to become active, get current with CEUs for the oncoming year and pay the fees.

That's my understanding of the process.

I've never considered doing that, do know a few that are in limbo at this time.

What odd laws. It seems like if a surveyor needs to keep up with continuing education, they would need to (especially) if they are over 60 or have over 20 years of experience. The younger guys have been using modern equipment, and have had to study the current laws just to do their jobs.

What, there is no reason to protect the public from long-practicing incompetent surveyors? I bet it was a group of good-ole-boys over sixty and/or with more than 20 years of experience that got that law pushed through.

For Maine:

BOARD RULES FOR PROFESSIONAL LAND SURVEYORS
CHAPTER 70 - PROFESSIONAL DEVELOPMENT
EFFECTIVE DATE APRIL 1, 2001
§1. CONTINUING EDUCATION DURING INITIAL LICENSURE PERIOD
During the period from the date a license is initially granted by the Board to the date the license is first renewed,
the number of professional development hours otherwise required by 32 MRSA §13908(4) shall be reduced by
the following percentages:
Length of Initial Licensure Period Percentage Reduction
0 - 12 months 100%
13 - 24 months 50%
§2. DECLARATION OF PROFESSIONAL DEVELOPMENT ACTIVITIES
Each licensee must complete and return with the license renewal forms a professional development compliance
form listing the licensee’s professional development activities during the preceding biennium.
§3. RECORDKEEPING
Each licensee shall document all professional development activities for which continuing education credit is
claimed. The licensee shall retain this documentation for a period of three (3) years from the end of the biennium
for which credit was claimed. This documentation shall be made promptly available to the Board upon request.
Documentation may include such records as:
1. Certificates of completion of education courses.
2. Course outlines or promotional materials accompanied by a registration receipt or canceled check.
3. Course attendance lists.
4. Grade reports.
5. W-2 forms.
6. Correspondence, brochures, photographs, written statements, or other materials showing selfemployment
as a professional land surveyor.
7. Membership cards, letterhead, publications, agendas, or other materials showing the licensee’s
involvement in surveying organizations.
8. Copies of published articles or columns.
§4. TWELVE MONTHS’ MEMBERSHIP REQUIRED
In order to claim continuing education credit under 32 MRSA §13908(4)(C)(1)(a) or §13908(4)(C)(2), the licensee
must have been a member in good standing of the surveying or other organization for at least twelve (12) months
of the biennium for which credit is claimed.
§5. NO DOUBLE COUNTING
No professional development activity may earn continuing education credit in more than one activity category

And:

PROFESSIONAL LAND SURVEYORS
32 MRSA CHAPTER 121 §13908 (4)
CONTINUING EDUCATION
An applicant for license renewal as a professional land surveyor shall present evidence of having completed 12 hours of
professional development in the previous biennium. This subsection does not apply to a person 65 years of age or older
who practices less than 160 hours a year. Credit for development hours may be earned as follows.
A. At least 6 hours must be in courses in surveying practice or in courses in at least one of the following areas:
(1) General business administration or management;
(2) Land use regulation;
(3) Other related land use fields, including, but not limited to, civil or environmental engineering, site evaluation
for septic system design, soils, landscape architecture, geology, forestry, title examination and insurance, and
other legal issues related to real estate;
(4) Computer application skills or programming;
(5) Communication, including, but not limited to, speech and technical writing; or
(6) Other subject matters the understanding of which appreciably aids a land surveyor in the performance of
professional duties.
B. One hour of professional development may be earned for every 900 hours of survey practice during the past
biennium and one hour may be earned for each 3 years of full-time surveying practice as a registered or licensed
surveyor during the time preceding the past biennium.
C. The applicant may acquire professional development credit through the following professional activities.
(1) Credit may be earned by membership and participation in surveying organizations as follows.
(a) Membership in a surveying organization entitles the licensee to one credit hour.
(b) Holding a leadership position in a surveying organization entitles the licensee to an additional credit hour
per biennium.
(c) Active participation in an active committee of a surveying organization entitles the licensee to an
additional credit hour.
(d) Chairing an active committee of a surveying organization entitles the licensee to an additional credit
hour.
(e) Attendance at a minimum of 50% of the general membership meetings of a surveying organization
entitles the licensee to an additional credit hour.
(2) The licensee is entitled to 1 credit hour for membership in other associations, societies, boards or clubs
related to a subject matter described in paragraph A.
(3) A licensee is entitled to one credit hour for each article, column or other significant work relevant to subject
matter described in subsection 4, paragraph A that is published in a professional journal, magazine or other
similar publication. Credit hours for works written by multiple authors must be divided pro rata.
The board may waive requirements of this subsection in cases of undue hardship and may accept for credit worthy
professional development activities as determined by the board not specified in this subsection. The board shall adopt
any rules necessary to implement this subsection.

> ARKANSAS
> 5. A Professional Surveyor may be exempt if sixty (60) years of age or older or has twenty (20) years of acceptable professional experience.
>
OMG!!! That misses entirely the point of continuing education requirements. None of us are too old to learn and any of us who have enough learning should be expected to mentor those who don't.

I've been surveying for over 35 years. Over the last 15 years I've learned way more than I ever learned in the first 20. May God forgive me if I ever think I know everything I need to know and decide to stop learning!

UTAH

http://www.dopl.utah.gov/laws/R156-22.pdf

R156-22-304. Continuing Education for Professional Engineers, Professional Structural Engineers and Professional Land Surveyors.
In accordance with Subsection 58-22-303(2) and Section 58-22-304, the qualifying continuing professional education standards for professional engineers, professional structural engineers and professional land surveyors are established as follows:
(1) During each two year period ending on March 31 of each odd numbered year, a licensed professional engineer, professional structural engineer and professional land surveyor shall be required to complete not fewer than 24 hours of qualified professional education directly related to the licensee's professional practice.
(2) The required number of hours of professional education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.
...
(7) Any licensee who fails to timely complete the continuing education required by this rule shall be required to complete double the number of hours missed to be eligible for renewal or reinstatement of licensure.
(8) Any applicant for reinstatement who was not in compliance with the continuing education requirement at the time of the expiration of licensure shall be required to complete 24 hours of continuing education complying with this rule within two years prior to the date of application for reinstatement of licensure.
(9) The Division may waive continuing education in accordance with Section R156-1-308d.

http://www.dopl.utah.gov/laws/R156-1.pdf

R156-1-308d. Waiver of Continuing Education Requirements - Renewal Requirements.
(1)(a) In accordance with Subsection 58-1-203(1)(g), a licensee may request a waiver of any continuing education requirement established under this title or an extension of time to complete any requirement on the basis that the licensee was unable to complete the requirement due to a medical or related condition, humanitarian or ecclesiastical services, extended presence in a geographical area where continuing education is not available, etc.
(b) A request must be submitted no later than the deadline for completing any continuing education requirement.
(c) A licensee submitting a request has the burden of proof and must document the reason for the request to the satisfaction of the Division.
(d) A request shall include the beginning and ending dates during which the licensee was unable to complete the continuing education requirement and a detailed explanation of the reason why. The explanation shall include the extent and duration of the impediment, extent to which the licensee continued to be engaged in practice of his profession, the nature of the medical condition, the location and nature of the humanitarian services, the geographical area where continuing education is not available,
etc.
(e) The Division may require that a specified number of continuing education hours, courses, or both, be obtained prior to reentering the practice of the profession or within a specified period of time after reentering the practice of the profession, as recommended by the appropriate board, in order to assure competent practice.
(f) While a licensee may receive a waiver from meeting the minimum continuing education requirements, the licensee shall not be exempted from the requirements of Subsection 58-1-501(2)(i), which requires that the licensee provide services within the competency, abilities and education of the licensee. If a licensee cannot competently provide services, the waiver of meeting the continuing education requirements may be conditioned upon the licensee limiting practice to areas in which the licensee has the required competency, abilities and education.

JBS

AR - age 60
GA - age 65
KY - surveyor no exemption; engineers licensed before 1972 exempt
VA - no exemption for age
WV - no exemption for age

along the same lines, then you have the recently licensed RPLS(2 years) who name was randomly picked by the State Board for an audit of CEU's - here in Texas, each RPLS is required to log and record each CEU obtained. There is a 5% draw of a random audit- This particular RPLS apparently indicated he had the required CEU'S when he renewed his license at the end of 2011 - guess he forgot- oops! Texas Board is considering fine/reprimand/...As the rule states - if you dont complete your CEU's by the end of each year, you have an invalid license - he apparently had signed 18 surveys with an invalid license- let's see- at a maximum of $1,500 fine per survey .. ouch

Kentucky -

Section 6. Exemptions and Extensions. The following professional land surveyors may be exempted from the requirements of this administrative regulation by submitting a written request to the CPDC with supporting documentation for the exemption:

(1) A professional land surveyor shall be exempted for the calendar year in which he or she is initially licensed by the board.

(2) A professional land surveyor who cannot satisfy the CPD requirement because of physical disability, illness, or other extenuating circumstance may be exempted for the calendar year in which the disability, illness, or extenuating circumstance occurs. The CPDC may grant an extension of time to fulfill the yearly CPD requirement for an extenuating circumstance.

(3) An exemption or extension request shall be made in writing for each calendar year and the exemption or extension is only valid for that calendar year.

§ 43-15-6. General powers of board; injunctions; continuing education
(b) In addition to other powers conferred upon the board under this chapter, the board shall
through rules and regulations require each person seeking renewal of a certificate of registration
as a professional engineer or a land surveyor to complete board approved continuing education
of not more than 30 hours biennially for professional engineers and not more than 15 hours
biennially for land surveyors. The board shall be authorized to approve courses offered by
institutions of higher learning or offered by other institutions or organizations. The board shall
randomly audit some applications for renewal of a certificate of registration to enforce
compliance with this subsection. The continuing education requirements adopted by the board
shall recognize the continuing education requirements imposed by other states to the extent that
such continuing education courses meet the requirements imposed by the board. The board shall
be authorized to waive the continuing education requirements in cases of hardship, disability, or
illness or under such other circumstances as the board deems appropriate. The board shall waive
the continuing education requirement for individuals over the age of 65 who have retired from
active practice and who apply for an inactive license and for individuals over the age of 65 who
are engaged in the active practice of their profession who have had a valid active license for the
previous 25 consecutive years. The requirement for continuing education including the
exemptions provided for in this subsection shall apply to each licensing renewal cycle which
begins after the 1996 renewal cycle.

BOR Policy
180-11-.07 Exemptions.
(4) Registrants over the age of 65 who have applied for an inactive license, who list their
occupation as "Retired" or "Inactive" on the Board-approved renewal form, and who
further certify that they are no longer receiving any remuneration from providing
professional engineering or land surveying services shall be exempt from professional
development hours. In the event such a person elects to return to active practice of
professional engineering or land surveying, professional development hours must be
earned as described in "180-11-.08 Reinstatement" before returning to active practice.
(5) Individuals who qualify for exemption by way of paragraph (4) above may continue
to use the words Professional Engineer (or P.E.), or Land Surveyor (or L.S.) as
appropriate, after their names as long as they continue to fall under the restrictions
specified and are not actively practicing engineering or land surveying.
Authority O.C.G.A. Sec. 43-15-6(b). History. Original Rule entitled "Exemptions" adopted. F. Jul. 8, 1996;
eff. Jul. 28, 1996. Amended: F. Feb. 11, 2000; eff. Mar. 2, 2000.

Sorry: that is for Georgia

It is this way in Florida:

In order to maintain an active license, licensees must complete at least 24 hours of continuing education courses during each biennium (our licenses renew every odd year) prior to the renewal date, 6 hours of which must be a Minimum Technical Standards (MTS) course or a course on laws affecting the practice of surveying and mapping or a course combining the two subjects.

The PDH racket

It use to be a hoop I jump through each renewal.... PDHonline.org makes it sting not so much. I go to Florida one week out of the year(on the company buck) and do PDHonline classes as to write off my "pdh vacation."

Most of the courses can be done in less than an hour.... I usally just take the quiz twice and read nothing. I got a pdh education now. No more seminars to sleep through, no chapter meetings to bicker at, no more complaints about pdh. Plus, PDHonline sends me 1/2 off codes so the classes are extremely cost effective.

The PDH racket

A bunch of surveyor in my area of KY including me were taking Pdh online
aka Chinese piracy on-line, and were failing -- 50% discount to re-take.
Then we got together and figured out we had at least 90% or higher score.
Then we find out that PDH OL doesn't know the answers. We ask, "Where is
the instructor?" Then we find out that the course is PDH OL's competitor
course and that is why PDH OL doesn't know the answers. They steal
courses and then take the money. Sometimes they do not even steal the
course and take the money. Sometimes they do not even have listed the
course at theirt web site.

OR, WA, & OK. I'm not aware of any exemption in any of them.

Continuing education should not have to be required, but I understand why it is. IMO, a true professional would seek out continuing education on their own.