Plain Text Law

Chapter 05. Continuing Professional Competency Requirements

Regulation .01 Purpose.Copy Citation

The State legislature has determined that, in order to safeguard the health, safety, and welfare of the public, licensed architects shall comply with the continuing professional competency requirements as a prerequisite for the renewal of a license.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Authorized activities” means professional development activities that:
(a)
Meet the criteria set forth in Regulation .04 of this chapter; and
(b)
Are approved and accepted for credit by the American Institute of Architects (AIA), the National Council of Architectural Registration Boards (NCARB), or the Board.
(2)
“Board” means the State Board of Architects.
(3)
“Health, safety, and welfare subjects (HSW)” means content areas identified as such by NCARB or AIA, as those content areas may be updated or otherwise amended from time to time.
(4)
“Learning unit (LU)” means one continuous instructional hour spent attending and completing the professional development activity in health, safety, and welfare subjects. One LU means a minimum of 50 minutes of face-to-face or distance learning instruction per 60-minute hour and is equivalent to a comparable single educational unit that may be utilized by AIA or NCARB.

Regulation .03 Requirements.Copy Citation

A.
A licensee shall complete 12 LUs during each of the 2 preceding calendar years that occur prior to the calendar year in which an applicable license term is set to expire.
B.
As an alternative to §A of this regulation, a licensee shall complete 24 LUs during the 2-year term of the license ending on the date that the license term is set to expire.
C.
If a licensee chooses the calendar year method, as described in §A of this regulation, the LUs from each calendar year shall be considered separately. A licensee may not carry forward any LUs earned in excess of the annual requirement of 12 LUs to any following calendar year.
D.
If a licensee chooses to complete 24 LUs during the 2-year term of the license, as described in §B of this regulation, the licensee may not carry forward any LUs earned in excess of the required 24 LUs to the following 2-year term of the license.
E.
LUs used to meet the requirements described in §A of this regulation may not also be used in the future to meet the requirements described in §B of this regulation. In a similar way, LUs used to meet the requirements described in §B of this regulation may not also be used in the future to meet the requirements of §A of this regulation.

Regulation .04 Professional Development Activities.Copy Citation

A.
A professional development activity shall meet the following criteria:
(1)
Be a post-licensing educational activity approved by the Board in which at least 75 percent of activity's content and instructional time is dedicated to health, safety, and welfare subjects, as they relate to the practice of architecture.
(2)
Expand the knowledge of health, safety, and welfare subjects and offer a skill set geared towards maintaining and enhancing professional competency of licensed architects;
(3)
Offer learning experiences relevant to current or future architectural practices as they relate to the public health, safety, and welfare; and
(4)
Be presented, led, or taught at a professional level by well-qualified professionals in an environment conducive to learning and appropriate for accomplishing learning objectives described in these regulations.
B.
A professional development activity shall provide for clear outcome measures in the form of a narrative, quiz, test, questions and answers, project, or any other appropriate form or method.
C.
The learning content of any professional development activity shall be unbiased, evidence based, and focused on increasing knowledge. Activities shall not be sales or marketing events and shall not promote or market products or services. Activities shall only contain material relevant to the program learning objectives and the desired outcomes during the instructional portion of the activity.
D.
A professional development activity may be presented by the following methods, as defined by NCARB:
(1)
Live in-person programs;
(2)
Live online programs;
(3)
On demand e-learning or printed programs;
(4)
Nano learning or blended programs; or
(5)
Any other formats approved by the Board.
E.
Self-reported professional development activities are not eligible for LU credit.

Regulation .05 Submissions for Approval to Present a Professional Development Activity.Copy Citation

A.
Entities or individuals, including, but not limited to, professional firms conducting in-house presentations, may submit a specific professional development activity for review and approval by the Board. Each professional development activity shall be designed to be presented to other architects for LU credit.
B.
During the application process, the Board will evaluate the suitability of the activity and its presenter.
C.
The presenter shall submit adequate information to enable the Board to evaluate the professional development activity. The activity shall be developed by individuals or entities having demonstrated verifiable expertise in the subject matter. Expertise may be demonstrated through practical experience or education or both. An architect holding an active license shall be consulted in the initial development of a professional development activity or substantive changes to an activity.
D.
At a minimum, the Board requires the following information to be submitted with each application for approval:
(1)
The types and descriptions of proposed or existing programs intended to be offered;
(2)
The number of LUs to be awarded for each activity;
(3)
The identity and qualifications of the instructors;
(4)
The explanation and sample of outcome measures; and
(5)
The sample course outlines detailing the content of activity to be offered.
E.
The Board may approve an activity only if it meets all of the following criteria:
(1)
The activity's main content areas are in the health, safety, and welfare subjects; and
(2)
The activity enables a licensee to further the licensee's competency and professionalism as a licensed architect.
F.
The Board may suspend or revoke its approval of an activity if, in the judgment of the Board, the intent of Business Occupations and Professions Article, §3-309.1, Annotated Code of Maryland, is no longer served or a presenter materially changed the content of the activity without the prior written approval of the Board.

Regulation .06 Sources of Credit and Determination of Units.Copy Citation

A.
A licensee may earn the LUs by any appropriate methods that may from time to time be approved by the Board.
B.
A licensee may earn the applicable number of LUs in accordance with the following conversion schedule:
(1)
1 college credit hour — 5 LUs;
(2)
1 contact hour of professional development work, or professional or technical presentations made at meetings, conventions, or conferences — 1 LU; and
(3)
Subject to exclusions set forth in this regulation, teaching of, lecturing on, or instructing on architectural subjects, subject to the following limitations:
(a)
For the first presentation, a presenter may claim credit for the activity that is equivalent to two times the number of LUs awarded by the Board for the activity; and
(b)
Unless the presentation has been substantially modified and updated for subsequent presentations, a presenter may claim only the same number of credits as awarded by the Board to the recipients of the qualifying activity.

Regulation .07 Record Keeping.Copy Citation

A.
Responsibility to Maintain Records.
(1)
The responsibility of maintaining records to be used to support the continuing professional competency credit claim is the responsibility of each licensee.
(2)
A licensee shall maintain the records for a period of at least 6 years from the date of completion of the qualifying program.
B.
Documentation referred to in §A(2) of this regulation, includes, but is not limited to, the following:
(1)
Certificates of participation;
(2)
Transcripts; or
(3)
Any other appropriate evidence acceptable to the Board.
C.
A printed program agenda, program marketing materials, or an event program are not considered sufficient evidence of participation in a professional development activity.

Regulation .08 Reporting Requirements for License Renewal.Copy Citation

A.
A licensee shall attest on the license renewal form to the fact that the licensee has completed all applicable CPC requirements set forth in this chapter by the last day of the following:
(1)
The calendar year preceding the year in which the licensee's individual license is to be renewed for the following 2-year licensing term; or
(2)
The 24-month period of the year in which the licensee's individual license is to be renewed for the following 2-year licensing term.
B.
The Board at its discretion may audit randomly selected licensees to ascertain compliance with CPC requirements.
C.
Licensees who are audited shall provide within 30 days of receipt of electronic notice of audit from the Board any documentation that may be required by the Board to complete the audit.

Regulation .09 Extenuating Circumstances or Exceptions.Copy Citation

A.
Notwithstanding other requirements set forth in this chapter, a licensee who is granted an initial license may renew a license for the next full term without complying with the CPC requirements if:
(1)
The licensee has been granted an initial license and is renewing a license for the next full term; and
(2)
The licensee qualifies under the criteria set forth in Business Regulation Article, Title 2.5, Annotated Code of Maryland.
B.
Compliance Exception Request.
(1)
If a licensee is unable to comply with all or part of CPC requirements due to physical disability, illness, or other extenuating circumstances, the licensee may request the Board grant a one-time exception from compliance (Compliance Exception Request), provided that the Compliance Exception Request is filed with the Board at least 60 days prior to the licensee’s license expiration date.
(2)
If a Compliance Exception Request is based on physical disability or illness, the licensee must provide the Board with written documentation acceptable to the Board supporting the basis for the request.
(3)
A Compliance Exception Request must be accompanied by a detailed proposal acceptable to the Board indicating the licensee’s intended plan of compliance with CPC requirements within no later than 12 months after the license expiration date. Failure to provide the acceptable plan of compliance within the time period specified in this regulation may result in the Board’s administrative dismissal of the Compliance Exception Request.

Regulation .10 Failure to Meet the CPC Requirements.Copy Citation

In the event the licensee does not respond to the Board’s notice or otherwise fails to comply with the CPC requirements set forth in this chapter, the Board, subject to the hearing provisions of Business Occupations and Professions Article, §3–313, Annotated Code of Maryland, may take any and all available disciplinary actions under Business Occupations and Professions Article, §3–311, Annotated Code of Maryland.

Regulation .11 Reinstatement of License.Copy Citation

A licensee who wishes to reinstate a license after failing to complete the CPC requirements shall fulfill past due CPC requirements for the immediately preceding CPC reporting periods up to 24 LUs and pay all applicable fees.

Regulation .12 Emeritus Status.Copy Citation

An individual who elected the status of “architect emeritus” shall be exempt from the compliance with the CPC requirements. In the event such individual decides to have the license reactivated, the individual shall fulfill past due CPC requirements up to 24 LUs.

Regulation .13 Learning Units Earned in Other States.Copy Citation

The CPC requirements applicable to the renewal of Maryland architectural license shall be deemed to be satisfied by an architect licensed in another state if the following requirements are met:
A.
The state of current residency of an out-of-State licensed architect has a comparable continuing professional competency program; and
B.
The state of current residency accepts Maryland CPC requirements as satisfying its own comparable continuing professional competency program.
Chapter annotations
Authority: Business Occupations and Professions Article, §§3-208, 3-309, 3-309.1, and 3-309.2, Annotated Code of Maryland
History: Effective date: August 19, 2013 (40:16 Md. R. 1342)
History: Regulation .08 amended effective November 10, 2014 (41:22 Md. R. 1319)
History: Chapter revised effective March 7, 2022 (49:5 Md. R. 365)