S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6783
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  mandatory  continuing
   education for architects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision  1  of  section  7308  of  the
 education  law,  as added by chapter 521 of the laws of 1999, is amended
 to read as follows:
   (b) [Architects shall be exempt from the mandatory  continuing  educa-
 tion requirement for the triennial registration period during which they
 are  first  licensed.]  In  accord  with  the intent of this section, AN
 adjustment  AND/OR  EXEMPTION  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.
   § 2. Subdivision 2 of section 7308 of the education law, as amended by
 chapter 683 of the laws of 2005, is amended to read as follows:
   2. During each triennial registration period an applicant  for  regis-
 tration  shall  complete  a  minimum  of  thirty-six hours of acceptable
 continuing education, as specified in subdivision four of this  section,
 provided  that  a minimum of twenty-four hours of such continuing educa-
 tion shall be in the areas of health, safety and welfare.  [Up  to  one-
 half  of  the  total  hours  of continuing education may consist of non-
 course  activities.]  Any  architect  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 thou-
 sand one, 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 up to the  first  registration  date  thereafter.  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11439-01-1

 S. 6783                             2
 
 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] NO MORE THAN SIX
 CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY BE TRANSFERRED
 TO A SUBSEQUENT TRIENNIUM.
   § 3. Subdivision 4 of section 7308 of the education law, as amended by
 chapter 706 of the laws of 2004, is amended to read as follows:
   4. As used in subdivision two of this section, "acceptable  continuing
 education"  shall  mean  courses  of learning and educational activities
 [which] IN ARCHITECTURE, ENGINEERING, INTERIOR DESIGN,  LAND  SURVEYING,
 LANDSCAPE  ARCHITECTURE  AND GEOLOGY THAT MAY contribute to professional
 practice in architecture and which  meet  the  standards  prescribed  by
 regulations  of  the  commissioner.  COMPLETING  COURSES OF LEARNING AND
 EDUCATIONAL ACTIVITIES THAT FALL WITHIN THE SCOPE OF PRACTICE OF ANOTHER
 LICENSED  PROFESSION  DOES  NOT  AUTHORIZE  THE  LICENSED  ARCHITECT  TO
 LAWFULLY  PRACTICE A PROFESSION THAT THEY ARE NOT AUTHORIZED TO PRACTICE
 AS DEFINED IN SECTION SEVENTY-THREE HUNDRED ONE  OF  THIS  ARTICLE.  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.
   §  4.  This  act shall take effect eighteen months after it shall have
 become a law. Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.