201 KAR 18:192. Continuing professional development.
RELATES TO: KRS 322.290(15)
STATUTORY AUTHORITY: KRS 322.290(4), (15)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 322.290(15) requires the board to adopt a program of continuing education for professional land surveyors. This administrative regulation implements the continuing professional development program mandated by KRS 322.290(15) for professional land surveyors.
Section 1. Definitions. (1) "Completion" means the professional land surveyor has satisfactorily met specific requirements of an offering by taking and passing a university course or attending a seminar (e.g., passing a university course or attending a seminar).
(2) "Continuing professional development" (CPD) means participation in activities, beyond the basic educational requirements, that;
(a) Provide specific content planned and evaluated to improve the land surveyor’s professional competence;
(b) Encourage acquisition of new skills and knowledge required to maintain competence;
(c) Strengthen the professional land surveyor’s critical inquiry and balanced judgment;
(d) Raise the ethical standards within the professional community; and
(e) Which meet the requirements established by the provisions of this administrative regulation.
(3) "CPDC" means the Continuing Professional Development Committee.
(4) "Professional development hour" (PDH) means not less than fifty (50) minutes of instruction or presentation that meets the requirements of this administrative regulation.
(5) "Provider" means a person, school, association, company, corporation or group who has developed a CPD activity and participates directly in the presentation.
(6) "Sponsor" means a group, such as a professional society, offering activities by providers.
Section 2. Continuing Professional Development Committee. (1) The chair of the State Board of Licensure for Professional Engineers and Land Surveyors shall appoint a Continuing Professional Development Committee and name its chair.
(2) The CPDC shall consist of four (4) board of licensure members of which at least two (2) are professional land surveyors. In addition, the Kentucky Association of Professional Surveyors and the Kentucky Society of Professional Engineers shall each appoint one (1) nonvoting member.
(3) Work of the CPDC shall be considered work of the board and compensation shall be given as provided by KRS 322.270.
(4) The CPDC shall hold regular meetings and a record of its action shall be maintained.
(5) The CPDC shall have the authority to rule on all matters concerning continuing professional development for professional land surveyors. Decisions of the CPDC shall be ratified by the board. A licensee who disagrees with a decision of the CPDC may direct his or her concerns to the board for consideration at the board’s next meeting.
Section 3. Program Structure. (1) Except as provided otherwise in this administrative regulation, a professional land surveyor shall complete and report to the board a minimum of eight (8) professional development hours for each calendar year.
(2) The requirement for professional development hours shall include a four (4) hour board sponsored course in standards of practice for professional land surveyors, professional ethics, and the code of professional practice and conduct, taken once every four (4) years. In the year that this course is taken, it shall count as four (4) of the required eight (8) hours.
(3) A maximum of four (4) hours in excess of the eight (8) professional development hours required to be earned in a calendar year may be carried forward to the next calendar year.
(4) Failure to earn the eight (8) professional development hours shall make the licensee ineligible for licensure renewal.
Section 4. Criteria for Professional Development. (1) Professional development hours may be earned by successful completion of the following activities subject to approval by the CPDC and board:
(a) College or university courses;
(b) Seminars;
(c) Tutorials;
(d) In-house programs sponsored by corporations or other organizations;
(e) Correspondence courses;
(f) Televised or videotaped courses with approved supervision;
(g) Distance learning courses with approved supervision;
(h) Teaching or instructing courses, programs, or items specified in this subsection. The credit may be claimed at twice the number of hours permitted participants;
(i) Making or attending approved presentations at technical or professional meetings; or
(j) Publication of papers, articles, or books related to the practice of land surveying.
(2) Activities described in subsection (1) of this section shall:
(a) Be relevant to the practice of land surveying;
(b) Contain technical, ethical, or managerial subjects;
(c) Be an organized program of learning, presented sequentially;
(d) Be conducted by individuals with education, training, or expertise acceptable to the CPDC;
(e) Be offered for the number of professional development hours approved by the CPDC; and
(f) Not include in-service training, orientation to specific institutional policies and practices, or time used to sell or advertise a product.
(3) CPD activities shall earn credit only when substantially different from a course for which credit was granted in the previous two (2) calendar years.
(4) Professional development hours shall be converted as follows:
(a) One (1) university semester hour shall equal fifteen (15) professional development hours.
(b) One (1) university quarter hour shall equal ten (10) professional development hours.
(c) One (1) continuing education unit shall equal ten (10) professional development hours.
(5) Unless stated otherwise in this administrative regulation, credit for courses shall be earned at the rate of one (1) professional development hour for each hour of instruction completed, if approved by the CPDC.
Section 5. Approval of a Continuing Professional Development Activity. Activity approvals may be granted for sponsors, providers, or individual professional land surveyors as follows:
(1) Approval of activities is valid for a specified approval period or until alteration of the activity is approved by the CPDC.
(2) Failure to notify the CPDC of a change in an activity may render approval of the activity null and void.
(3) Prior to approval, an activity shall not be advertised as approved for Kentucky professional land surveyors without a conspicuous notice that the activity has been "submitted for consideration."
(4) If prior approval is desired, a written request for approval of the activity shall be submitted to the CPDC on "Continuing Professional Development Course Approval Form" at least sixty (60) days prior to presentation of the activity. All other requests for approval of an activity shall be submitted to the CPDC on a "Continuing Professional Development Course Approval Form" at least two (2) weeks before the CPDC meeting which considers the activity for approval.
(5) All requests for approval of an activity shall be accompanied by:
(a) A detailed outline and objectives;
(b) A time outline including registration, introductions, welcomes, breaks, and meals;
(c) Handouts or reference materials needed to evaluate the activity; and
(d) A resume for each instructor or speaker in the activity.
(6) The CPDC or board reserves the right to send a representative to monitor an activity:
(a) The provider or sponsor shall waive all fees for the CPDC or board representative; and
(b) Approval for the activity may be withdrawn for subsequent iterations of the activity, if significant variation is observed from the approved activity.
(7) An evaluation form shall be made available for participants at each presentation.
(8) An individual under disciplinary action from the board or a business entity with a principal who is under disciplinary action from the board shall be prohibited from presenting a CPD activity for credit without specific approval from the board.
(9) When a provider fails to obtain prior approval, a professional land surveyor may request credit for an activity by making a written request to the CPDC and including the items listed in subsection (5) of this section.
(10) Upon approval, an activity shall receive a CPD number which shall be used to identify the activity.
(11) If an activity is not approved by the CPDC, the requestor shall be sent notice of nonapproval within two (2) weeks of its decision. This decision shall be presented to the board at its next meeting for ratification.
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.
Section 7. Reinstatement. Before a license is reinstated by the board, a former professional land surveyor shall earn the continuing professional development hours required for each year the license was revoked, suspended, or expired, up to a maximum of thirty-two (32) professional development hours.
Section 8. Reporting. (1) On the biennial renewal form, a professional land surveyor shall certify whether or not the requirements of this administrative regulation have been met.
(2) Biennial renewal forms received after September 1 shall be subject to the audit process in Section 9 of this administrative regulation.
Section 9. Audits. (1) Compliance with the annual CPD requirements shall be determined through an audit process.
(2) Professional land surveyors shall be audited through a random selection process or as the result of information provided to the board. (3) Individuals selected for audit shall provide the board with documentation of the CPD activities claimed for the renewal period. Appropriate documentation shall include:
(a) Verification records in the form of transcripts, completion certificates, or other documents supporting evidence of participation.
(b) Information regarding seminar or course content, instructors, and sponsoring organizations.
(4) Verification records and documentation for audit purposes shall be maintained by individual licensees for a period of three (3) years after completion of the CPD activity.
(5) If continuing professional development credit is disallowed, a professional land surveyor shall have 180 calendar days after notification to substantiate the original claim or earn other credit to meet the requirement.
(4) Failure to comply with the CPD requirements shall be considered a violation of KRS 322.180(3) subjecting the professional land surveyor to disciplinary action.
(5) An audit resulting in a determination of noncompliance shall subject the professional land surveyor to an automatic audit the next reporting period and each subsequent reporting period until a audit results in a determination of compliance.
(6) A professional land surveyor who is under investigation pursuant to KRS 322.190 may be subjected to the audit requirements of this section.
Section 10. Incorporation by Reference. (1) "Continuing Professional Development Course Approval Form", (November, 1999), State Board of Licensure for Professional Engineers and Land Surveyors is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (26 Ky.R. 1460; Am. 1678; eff. 2-24-2000; 33 Ky.R. 856; 1284; eff. 12-1-06.)