WSR 06-06-061

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 28, 2006, 11:00 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-17-052.

     Title of Rule and Other Identifying Information: Chapter 196-16 WAC, Registered professional land surveyors.

     Hearing Location(s): At the La Quinta, The Meeting Room, 1905 North Wenatchee Avenue, Wenatchee, WA 98801, on April 19, 2006, at 6:30 p.m.; at the Spokane Airport Ramada, Room 100, 8909 Airport Drive, Spokane, WA 99219, on April 20, 2006, at 6:30 p.m.; and at the La Quinta, Board Room, 1425 East 27th Street, Tacoma, WA 98421, on April 26, 2006, at 6:30 p.m.

     Date of Intended Adoption: May 1, 2006.

     Submit Written Comments to: George A. Twiss, PLS, Executive Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail engineers@dol.wa.gov, fax (360) 664-2551, by April 19, 2006.

     Assistance for Persons with Disabilities: Contact Kim King by April 14, 2006, TTY (360) 664-8885 or (360) 664-1564.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To implement legislative requirement land surveyors must complete continuing education credits starting July 2006.

     Statutory Authority for Adoption: RCW 43.24.086.

     Statute Being Implemented: Chapter 18.43 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Board of registration for professional engineers and land surveyors, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: George A. Twiss, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1565.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no negative economic impact to small business. This proposal only affects individual licensees.

     A cost-benefit analysis is not required under RCW 34.05.328. See statement regarding the small business economic impact statement.

February 24, 2006

George A. Twiss

Executive Director

AMENDMENTS TO

CHAPTER 196-16 WAC

CONTINUING PROFESSIONAL DEVELOPMENT

FOR PROFESSIONAL LAND SURVEYORS
NEW SECTION
WAC 196-16-100   Purpose and effective date.   The purpose of the continuing professional development requirement is to encourage licensed professional land surveyors, under chapter 18.43 RCW, to maintain competency in their practice. On July 1, 2007 and thereafter, licensed land surveyors must meet the requirements of this chapter as a condition of continued licensure.

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NEW SECTION
WAC 196-16-105   Definitions.   Terms used in this section are defined as follows:

     1. Professional Development Hour (PDH) - An hour engaged in a qualifying activity.

     2. Continuing Education Unit (CEU) - Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 Professional Development Hours.

     3. College/Unit Semester/Unit Quarter – Completion of courses in college level curriculums satisfactory to the Board.

     4. Qualifying activity – Any activity that is related to land surveying or will help the licensee maintain competency in their practice as a professional land surveyor.

     5. Year – That 12-month period between the anniversaries of the licensee's birth date.

     6. Board – The Board of Registration for Professional Engineers and Land Surveyors.

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NEW SECTION
WAC 196-16-110   Requirements.   Starting on July 1, 2006, all licensed professional land surveyors wishing to maintain lawful practice must accumulate 15 PDH per year of a two-year renewal cycle. All renewals for licensure as a professional land surveyor occurring on or after July 1, 2007 are subject to audit by the Board.

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NEW SECTION
WAC 196-16-115   Qualifying activities.   The Board believes that individuals licensed as professional land surveyors should have the discretion to make independent choices on what activities help them to be improved practitioners. While the Board will not provide advance approvals for selected activities or vendors they do expect licensees to seek out qualifying activities that can be demonstrated to the satisfaction of the Board that they are relevant to the licensee's continuing professional development.

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NEW SECTION
WAC 196-16-120   Units.   Qualifying activities will accrue PDH as follows:

1. College hours:
     a. Completion of 1 College semester hour 45 PDH
     b. Completion of 1 College quarter hour 30 PDH
2. 1 Continuing Education Unit 10 PDH
3. For publication or presentation of each:
     a. Authored technical paper or article 10 PDH
     b. Authored Book 30 PDH
4. Membership in professional/technical societies or government committees or boards.

(Not to exceed 5 PDH/year)

 2 1/2 PDH
5. For each hour of attendance at professional or technical society meetings with an informational program.

(Not to exceed 5 PDH/year)

 1 PDH
5. For each hour of attendance at meetings or hearings of the Board.

(Not to exceed 7 1/2 PDH/year)

 1 PDH
7. For each hour of preparation and subsequent presentation (*) of a professional development program at seminars, professional/technical meetings, conventions or conferences.

(Not to exceed 10 PDH/year)

(*) This credit does not apply to full-time faculty

 1 PDH
8. For each hour of participation in committees of organizations whose purpose is to develop codes, standards, examinations and regulations. 1 PDH
9. For each hour of participation in an activity involving substantial and organized peer interaction, excluding time spent during regular employment.

(Not to exceed 5 PDH/year)

 1 PDH
10. For each hour of participation in organized courses, including employer provided courses, on first aid/safety, technical or management skills. 1 PDH
11. For each hour of participation in sessions, or courses sponsored by technical or professional societies, organizations or the Board. 1 PDH
12. For each hour of self-study.

(Not to exceed 5 PDH/year)

 1 PDH

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 196-16-125   Activities that do not qualify for PDH credits.   The following are not considered qualifying activities:

     1. Taking courses, specialized instruction or meeting performance criteria that were conditions of a Board order.

     2. Attendance or testimony at legislative hearings.

     3. Attendance or testimony at city or county council meetings/hearings.

     4. Attendance or testimony at civil or criminal trials.

     5. Time spent fund raising for scholarships or other society purposes or lobbying for legislation.

     6. Attendance at gatherings that are primarily social in nature.

     7. Membership and/or attendance in service club meetings.

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NEW SECTION
WAC 196-16-130   Determination of credit.   The Board is the final authority with respect to acceptance of claimed qualifying activities and the respective PDH credit. Qualifying activity becomes eligible for credit upon completion of the given activity. Credits gained in excess of the 15 PDH annual requirements may be carried forward to the next renewal period.

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NEW SECTION
WAC 196-16-135   Record keeping and audits.   The licensee is responsible for maintaining records to be used to support credits claimed. Records should include date of activity, instructor's name, description of activity, number of contact hours and location. The licensee is required to keep their records of continuing education covering the cumulative time in the current renewal period and the full two years of the prior renewal period. All continuing professional development records and supporting documentation must be furnished to the Board upon request.

     If an audit disqualifies credits that were reported to the Board by a licensee and results in the licensee failing to complete the PDH requirements, the Board may renew the license and require the shortage to be made up in the subsequent renewal period.

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NEW SECTION
WAC 196-16-140   Non-compliance with continuing professional development.   1. A licensed land surveyor who fails to comply with the requirements of this chapter is subject to disciplinary action by the Board.

     2. A licensed land surveyor who, through the course of an audit, is found to have falsified continuing professional development documentation to the Board is subject to disciplinary action by the Board.

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NEW SECTION
WAC 196-16-145   Exemptions.   Individuals who are in "Retired Status" as provided in WAC 196-16-035 or have been approved for "Inactive Status" as provided in WAC 196-16-155 are exempt from the requirements of collecting continuing professional development hours.

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NEW SECTION
WAC 196-16-150   Waivers.   The Board may grant a waiver to the time requirement for collection of continuing professional development to individuals who qualify. A request for a waiver must be made in writing and clearly state the justification and include any necessary documentation required by the Board. All waivers expire on the next date of license renewal unless the Board grants an extension.

     The Board may grant waivers for:

     a. Physical disability, prolonged illness, or other extenuating circumstances that pose a personal hardship.

     b. Individuals who have been placed on active military duty for at least 120 days.

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NEW SECTION
WAC 196-16-155   Inactive license status.   Any licensee who signs a Board approved affirmation that they are not engaged in the practice of land surveying is eligible for inactive license status. Those with inactive status are prohibited from land surveying practice as defined in Chapter 18.43 RCW. A licensee on inactive status may reinstate their license to active status by written request to the Board and payment of any applicable fees. In the first year of reactivated practice the licensee may be required by the Board to collect an additional 15 PDH.

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NEW SECTION
WAC 196-16-160   Comity/out-of-jurisdiction resident   The continuing professional development requirements, as provided for in this chapter, may be satisfied when the Board can verify that a licensee has satisfied continuing professional development requirements in another state, which are judged by the Board as equivalent to the requirements of this chapter.

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