Adopted and Filed

Professional development, ch 7

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ARC 7670C

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Adopted and Filed

Rulemaking related to professional development

The Engineering and Land Surveying Examining Board hereby rescinds Chapter 7, "Professional Development," Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 542B.6.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 542B and Executive Order 10 (January 10, 2023).

Purpose and Summary

The revisions to Chapter 7 implement changes recommended by Executive Order 10. The rules of Chapter 7 provide information on compliance for professional development.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 10, 2024, as ARC 7410C. Public hearings were held on January 30, 2024, and January 31, 2024, at 12:50 p.m.at 6200 Park Avenue, Des Moines, Iowa, and virtually. No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on February 15, 2024.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa. No current fees are being changed, and no new fees are being imposed.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Inspections, Appeals, and Licensing for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rulemaking will become effective on April 10, 2024.

The following rulemaking action is adopted:

Item 1. Rescind 193C—Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7

PROFESSIONAL DEVELOPMENT

193C—7.1(542B,272C) General statement. Completion of continuing education for professional development is a condition of licensure renewal for each licensee.

193C—7.2(542B,272C) Definitions. As used in these rules, the following definitions apply:

"College or unit semester or quarter hour" means the unit of credit given for advanced technical and graduate courses from universities with programs accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc.or other related college course qualified in accordance with this chapter.

"Continuing education" means education obtained by a licensee in order to maintain, improve, or expand skills and knowledge obtained prior to initial licensure or to develop new and relevant skills and knowledge.

"Continuing education unit (CEU)" means the unit of credit customarily granted for continuing education courses. One continuing education unit is given for ten hours of class in an approved continuing education course.

"Course or activity" means any qualifying course or activity with a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the licensee's field of practice.

"Independent study" means any course or activity in which there is no real-time interaction between the training provider and the licensee, such as courses offered on the Internet.

"Professional development hour" or "PDH" means a contact hour of instruction or presentation and is the common denominator for other units of credit.

193C—7.3(542B,272C) Professional development hours.

7.3(1) Allowable activities. Licensees may earn professional development hours by participating in a variety of activities. The following is a list of allowable activities and is not all-inclusive:

a. Successful completion of college courses;

b. Successful completion of continuing education courses;

c. Successful completion of correspondence, televised, videotaped, and other short courses or tutorials;

d. Successful completion of courses online via the Internet;

e. Active participation in seminars, in-house courses, workshops, technical committees of professional engineering organizations, and professional conventions;

f. Teaching or instructing in the activities set forth above if such teaching or instruction is outside of the licensee's regular employment duties and if the licensee can document that such teaching activity or instruction was newly developed and presented for the first time;

g. Authoring published papers, articles or books;

h. Obtaining patents;

i. Attendance at online video courses;

j. Participation on an NCEES examination development committee;

k. Attendance at engineering college graduate research seminars.

All of the allowable activities listed above must adhere to this chapter to be accepted by the board.

7.3(2) PDH conversion. The following chart illustrates the conversion from other units to PDH:

ACTIVITY

PDH

1 College or unit semester hour.

Credit for qualifying college or community college courses will be based upon course credit established by the college.

45 PDH

per semester hour

1 College or unit quarter hour.

Credit for qualifying college or community college courses will be based upon course credit established by the college.

30 PDH

per quarter hour

1 Continuing education unit as defined in rule 193C—7.2(542B,272C).

10 PDH

1 Contact hour attendance in a class, course, seminar, or professional or technical presentation made at a meeting, in-house training session, convention or conference. Credit for qualifying seminars and workshops will be based on 1 PDH unit for each hour of attendance. Attendance at qualifying programs presented at professional or technical society meetings will earn PDH units for the actual time of each program, excluding time for breaks and meals.

1 PDH

per hour

1 Contact hour teaching a class, course, seminar, or a professional or technical presentation.

a. Teaching credit is valid for teaching a course or seminar for the first time only.

b. Teaching credit does not apply to full-time faculty.

c. Teaching credit is limited to 10 PDH per biennial renewal period.

2 PDH

per hour

Each published paper, article, or book.

Credit for published material is earned in the biennium of publication.

10 PDH

per publication

Active participation in a professional or technical society.

Credit for active participation in professional and technical societies is limited to 2 PDH per renewal period per organization and requires that a licensee serve as an officer or actively participate in a committee of the organization. PDH credits are earned for a minimum of one year's service.

2 PDH

per organization per renewal period

Each patent.

Credit for patents is earned in the biennium the patent is issued.

10 PDH

per patent

Participation on an NCEES examination development committee or Iowa State Specific Land Surveying examination development committee, including the writing and grading of examination questions, writing reference materials for examinations, and evaluating past examination question performance. Licensees may claim a maximum of 30 PDH per biennial renewal period for participation in this activity.

2 PDH

per hour of committee participation

7.3(3) Determination of credit. The board has final authority with respect to approval of courses, credit, PDH value for courses, and other methods of earning credit. No preapproval of offerings will be issued. The board may deny any renewal or reinstatement upon a determination of insufficient or unsatisfactory continuing education.

193C—7.4(542B,272C) Professional development guidelines. Continuing education activities that satisfy the professional development criteria are those that relate to engineering or land surveying practice or management. It is recognized that an engineer's specialized skills must have as their foundation a fundamental knowledge of chemistry, physics, mathematics, graphics, computations, communication, and humanities and social sciences. However, continuing education in the fundamentals alone will not be sufficient to maintain, improve, or expand engineering skills and knowledge. For that reason, licensees will be limited in their use of fundamental courses in proportion to ABET criteria for accreditation of engineering curricula. Continuing education activities are classified as:

7.4(1) Group 1 activities. Group 1 activities are intended to maintain, improve, or expand skills and knowledge obtained prior to initial licensure. The following chart illustrates the maximum PDH allowable per renewal period for Group 1 activities:

Type of course/activity

Number of PDH allowed per renewal period

Mathematics and basic sciences

Math beyond Trigonometry

Basic sciences: Chemistry, Physics, Life sciences, Earth sciences

10 PDH

Engineering sciences

Mechanics, Thermodynamics, Electrical and electrical circuits, Materials science, *Computer science

*Courses in computer science will generally be considered a part of the Engineering Sciences category in the ABET criterion and, therefore, limited to a maximum of 10 PDH per renewal period.

10 PDH

Humanities and social sciences

Philosophy, Religion, History, Literature, Fine arts, Sociology, Psychology, Political science, Anthropology, Economics, Foreign languages, Professional ethics, Social responsibility

5 PDH

Engineering-related courses

Accounting, Industrial management, Finance, Personnel administration, Engineering economy, English, Speech, *Computer applications

*The computer is considered a tool available to engineers and land surveyors. Courses related to computer drafting and general computer applications are generally not applicable to either Group 1 or Group 2 activities. Computer courses that relate to engineering or land surveying design applications, such as structural design/analysis software, are considered acceptable.

10 PDH

7.4(2) Group 2 activities. Group 2 activities are intended to develop new and relevant skills and knowledge. Credit for participation in activities in the group is unlimited, subject to maximum carryover. Typical areas include postgraduate level engineering science or design, new technology, environmental regulation and courses in management of engineering or land surveying activity (regular work duties do not qualify).

7.4(3) Independent study. To be readily acceptable by the board, independent study as defined in rule 193C—7.2(542B,272C) meets all of the following criteria:

a. A written evaluation process is completed by the independent study provider; and

b. A certificate of satisfactory completion is issued by the provider; and

c. An evaluation assessment is issued to the licensee by the provider; and

d. Documentation supporting such independent studies is maintained by the licensee and provided to the board as required by subrule 7.8(2).

A maximum of ten professional development hours of independent study activity will be allowed per biennium per licensee.

7.4(4) Exclusions. Types of continuing education activities that will be excluded from allowable continuing education are those in which it is not evident that the activity relates directly to the licensee's practice of professional engineering or land surveying or the management of the business concerns of the licensee's practice, or that do not comply with the board's administrative rules. Examples of activities that do not qualify as continuing education include the following:

a. Regular employment;

b. Toastmasters club meetings;

c. Service club meetings or activities;

d. Personal estate planning;

e. Banquet speeches unrelated to engineering;

f. Professional society business meeting portions of technical seminars;

g. Financial planning/investment seminars;

h. Foreign travel not related to engineering study abroad;

i. Personal self-improvement courses;

j. Real estate licensing courses;

k. Stress management;

l. Trade shows;

m. Peer review;

n. Accreditation review;

o. Independent study or self-study that does not meet the requirements of subrule 7.4(3);

p. Basic CAD and fundamental computer application courses;

q. Undergraduate engineering seminars.

193C—7.5(542B,272C) Biennial requirement. The biennial requirement may only be satisfied during the biennium prior to licensure renewal except for the carryover permitted.

7.5(1) Completion of 30 professional development hours, including at least 2 professional development hours in the area of professional ethics, satisfies the continuing education necessary for biennial licensure renewal in engineering or land surveying. Completion of 40 professional development hours, including 20 professional development hours in engineering and 20 professional development hours in land surveying and at least 4 professional development hours in the area of professional ethics, satisfies the continuing education necessary for biennial licensure renewal for individuals actively licensed in both engineering and land surveying. Up to 15 professional development hours may be carried forward only into the next biennium. For individuals actively licensed in both engineering and land surveying, up to 10 professional development hours for each profession may be carried forward only into the next biennium.

7.5(2) Inactive licensees are exempt from the continuing education requirements.

7.5(3) A licensee who is active in one profession and inactive in another is obligated to meet the continuing education requirements for licensure in the profession in which active licensure is maintained.

7.5(4) A new licensee is obligated to satisfy one-half of the biennial continuing education requirement at the first renewal following initial licensure. Professional engineers and professional land surveyors licensed by comity are not new licensees and are not eligible for the one-half continuing education requirement.

193C—7.6(542B,272C) Exemptions.

7.6(1) The continuing education requirements may be reduced in proportion to the following:

a. Periods of time that the licensee serves honorably on active duty in the military services;

b. Periods of time that the licensee is licensed in and a resident of another state or district having continuing education requirements for professional engineering or land surveying and meets all requirements of that state or district for practice therein;

c. Periods of time that the licensee is a government employee working as a professional engineer or professional land surveyor and assigned to duty outside the United States; or

d. Documented periods of the licensee's active practice and absence from the United States that are approved by the board.

7.6(2) No exemption will be granted without a written request from the licensee with documentation of the period of absence.

193C—7.7(542B,272C) Hardships or extenuating circumstances. Upon a written request to the board, the board may, in individual cases involving hardship or extenuating circumstances, grant waivers of the continuing education requirements for a period of time not to exceed one year.

193C—7.8(542B,272C) Reports, records, and compliance review. At the time of application for license renewal, each licensee reports, on a form provided by the board, the number of professional development hours achieved during the preceding biennium.

7.8(1) Recordkeeping. Maintaining records to be used to support professional development hours claimed is the responsibility of the licensee. It is recommended that each licensee keep a log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned. The licensee is obligated to maintain documentation of reported PDHs for two years after the period for which the form was submitted.

7.8(2) Compliance review. The board may select licensees for review of compliance with continuing education on a random basis or upon receiving information regarding noncompliance and will review compliance with continuing education for reinstatement of lapsed or inactive licenses. Each licensed board member is audited for PDH compliance for a biennium that is within each member's respective three-year appointment term. For each PDH claimed, licensees chosen for compliance review will furnish:

a. Proof of attendance. Attendance verification records in the form of completion certificates, or other documents supporting evidence of attendance;

b. Verification of the hours claimed; and

c. Information about the course content.

7.8(3) Compliance review sanctions. Any discrepancy between the number of PDHs reported and the number of PDHs actually supported by documentation may result in a disciplinary review. If, after the disciplinary review, the board disallows any PDH, or the licensee has failed to complete the required PDHs, the licensee has 60 days from board notice to either provide further evidence of having completed the PDHs disallowed or remedy the discrepancy by completing the required number of PDHs (provided that such PDHs are not used again for the next renewal). Extension of time may be granted on an individual basis if requested by the licensee within 30 days of notification by the board. If the licensee fails to comply with the requirements of this subrule, the licensee may be subject to disciplinary action. If the board finds, after proper notice and hearing, that the licensee willfully disregarded these requirements or falsified documentation of required PDHs, the licensee may be subject to disciplinary action as further identified in 193C—paragraphs 9.3(1)"c" and 9.3(3)"e."

7.8(4) Out-of-state residents. A person licensed to practice engineering or land surveying or both in Iowa shall be deemed to have complied with the continuing education requirement of this state during the periods that the person is a resident of another state or district that has a continuing education requirement for engineers or land surveyors and the individual meets all requirements of that state or district for practice therein. However, if selected for compliance review, such individuals must provide documentation as specified in subrule 7.8(2).

These rules are intended to implement Iowa Code sections 272C.2, 272C.3, 542B.6, and 542B.18.

[Filed 2/15/24, effective 4/10/24]

[Published 3/6/24]

Editor's Note: For replacement pages for IAC, see IAC Supplement 3/6/24.

Engineering and Land Surveying Examining Board


This Organization is a part of the Professional Licensing and Regulation Bureau

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  • Professional development, ch 7
  • Published on 3/6/2024
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  • Adopted and Filed

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Related Notices

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 193C-7.1 Rule 193C-7.2 Rule 193C-7.3 Rule 193C-7.4 Rule 193C-7.5 Rule 193C-7.6 Rule 193C-7.7 Rule 193C-7.8 Rule 193C-7.8(2) Rule 193C-9.3(1)"c" Rule 193C-9.3(3)"e"

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 272C.2 Iowa Code 272C.3 Iowa Code 542B.18 Iowa Code 542B.6
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