Plain Text Law

Chapter 06. Continuing Professional Competency Requirements

Regulation .01 Purpose.Copy Citation

The public interest requires that professional engineers provide competent services in all areas of practice. The State legislature has determined that it is in the best interest of the public to require professional engineers to comply with the continuing professional competency requirements as a prerequisite to 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)
“Activity” means attending and completing any qualifying courses, seminars, workshops, technical presentations, and other qualifying programs with a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the licensee’s field of practice. Regular duties in the course of employment are not considered qualified activities.
(2)
"Authorized provider” means an organization or individual reviewed and approved by the Board.
(3)
“Board” means the State Board for Professional Engineers.
(4)
“Dual Licensee” means a person who is licensed as both a professional engineer and a professional land or property line surveyor.
(5)
“NCEES” means the National Council of Examiners for Engineering and Surveying.
(6)
“Professional Development Hour (PDH)” means a contact hour (nominal) of instruction or presentation and is the common denominator for other units of credit.
(7)
“Qualifying program” means any course, seminar, workshop, technical presentation, or other qualifying offering that meets the criteria set forth in Regulation .04 of this chapter.
(8)
“Reporting period” means a 2-year licensing period immediately preceding a current individual licensing term.
(9)
“Self-directed activity” means an activity that does not involve a face-to-face direct learning experience. The self-directed activity may include, but is not limited to, correspondence courses, online courses, and televised, videotaped, or audiotaped presentations and shall provide for, in addition to the requirements in Regulation .04 of this chapter, clear outcome measures in the form of a narrative, test, report, study, research paper, or any other appropriate form or method.

Regulation .03 Requirements.Copy Citation

A.
A licensee shall complete a minimum of 16 PDH units earned from the participation in and completion of qualifying programs described in Regulation .04 of this chapter as a condition of license renewal in each individual biennial licensing term.
B.
A minimum of 1 PDH unit in each individual biennial licensing term shall be earned from the participation in and the completion of qualifying programs with content areas related to the following:
(1)
The awareness of ethical concerns and conflicts related to the practice of engineering;
(2)
An enhanced familiarity with the code of conduct for professional engineers;
(3)
An understanding of standards of practice or care related to the practice of engineering; or
(4)
Laws and regulations applicable to the practice of engineering in Maryland.
C.
A maximum of 8 PDH units earned in excess of 16 units that are required for a license renewal during the licensing term can be carried forward to apply as credit toward the next individual licensing term.

Regulation .04 Qualifying Programs.Copy Citation

A.
Programs shall meet at least the following criteria in order to be considered qualifying programs:
(1)
Maintain and enhance professional competency of professional engineers; and
(2)
Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of engineering.
B.
Qualifying programs shall have the following content areas:
(1)
Technical, research, analytical, or design aspects of engineering;
(2)
Laws and regulations applicable to the practice of engineering in Maryland;
(3)
Engineering-related computer hardware and software topics;
(4)
Standards of practice or care;
(5)
Professional engineering ethics;
(6)
Project management, risk assessment and management, or emergency and disaster management; or
(7)
Similar topics aimed to maintain, improve, or expand the skills and knowledge relevant to the licensee’s field of practice.
C.
The determination of whether the activity constitutes a qualifying activity is within the discretion of the Board.

Regulation .05 Sources of Credit.Copy Citation

A.
A licensee may earn PDH units by any of the following methods:
(1)
Attending and successfully completing qualifying programs in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of engineering, and which programs are:
(a)
Offered by pre-approved or other authorized providers;
(b)
Have a stated purpose and defined content areas; and
(c)
Have a clearly stated duration.
(2)
Serving as a single or first author of an original paper on engineering subject matters published in magazines, journals, professional proceedings, or other similar publications intended for professional use and distribution;
(3)
Serving as a single or first author of an original published book on engineering subject matters that exhibits excellence in scholarship and has a significant impact and influence on the direction of engineering;
(4)
Subject to limitations set forth in Regulation .06 of this chapter, active participation in an engineering professional or technical society;
(5)
Obtaining a patent;
(6)
Subject to limitations set forth in this Regulation .05, teaching or lecturing of a qualified program, as described in Regulation .04 of this chapter;
(7)
Developing examination questions accepted for use on NCEES examinations; or
(8)
Other appropriate methods approved by the Board.
B.
A licensee may not earn credits for such activities as:
(1)
Regular employment as a professional engineer, full-time faculty member, or expert witness;
(2)
Marketing or business development or sales;
(3)
Equipment demonstrations or trade show displays;
(4)
Time management techniques and strategies;
(5)
Computer-aided drafting;
(6)
Repetitive attendance of the same course or activity;
(7)
Attending committee meetings or general business meetings of any organization;
(8)
Conversational language courses for personal use;
(9)
Executive coaching;
(10)
Basic computer software, including, but not limited to, Excel, Word, Outlook, and similar basic computer software; or
(11)
Any other topics not relevant to the practice of engineering.

Regulation .06 Values of Units.Copy Citation

A.
PDH units are earned or converted from other units of credit as follows:
(1)
1 college or unit semester hour — 45 PDH units;
(2)
1 college or unit quarter hour — 30 PDH units;
(3)
1 continuing education unit — 10 PDH units;
(4)
Each published paper or article on an engineering subject as identified in Regulation .04 of this chapter — 5 PDH units;
(5)
Each published book on an engineering subject — 24 PDH units;
(6)
Teaching of engineering and related subjects on a part-time basis, provided that:
(a)
The presenter may claim credit for the first time presentation of the qualifying program; and
(b)
The presenter may claim up to 2 times the number of PDH units awarded by the Board for the same program;
(7)
Participation in engineering, professional or technical societies, regardless of the number of organizations a licensee may be serving on simultaneously, as an officer, provided that the credit is not considered earned until the end of each year of service completed — 1 PDH unit;
(8)
Work related to the development and submission of examination questions subject to the following limitations:
(a)
Questions accepted for use on NCEES examinations — 2 PDH units per accepted question, up to 4 PDH units per year; and
(b)
Attendance and participation in NCEES exam development committee meetings — up to 6 PDH units per year; and
(9)
Obtaining a patent — 8 PDH units.
B.
The final determinations of value and other matters related to the PDH units are the responsibility of the licensee, subject to review and approval by the Board.

Regulation .07 Authorizations of Providers/Other Presenters.Copy Citation

A.
The Board will review and, if appropriate, approve the providers of the qualifying programs.
B.
Providers’ Eligibility/Other Presenters.
(1)
The following providers are considered to be preauthorized providers without any further action by the Board:
(a)
National (ABET/EAC), regional, or State accredited academic institutions;
(b)
National, State, or regional engineering professional or technical societies or organizations;
(c)
NCEES;
(d)
American Council of Engineering Companies;
(e)
International Association for Continuing Education and Training;
(f)
Entities that are currently certified as approved providers by preauthorized providers; and
(g)
Other entities that may from time to time become approved by the Board.
(2)
In order to be eligible to become an approved provider, the provider must offer the qualifying activity that meets the criteria set forth in Regulation .04 of this chapter.
(3)
The Board may allow appropriate credits for the attendance and participation in a technical activity or presentation by companies or organizations, whether or not approved by the Board under this regulation, if:
(a)
The activity or presentation is consistent with Regulation .04 of this chapter; and
(b)
A licensee maintains required documentation in accordance with Regulation .08 of this chapter, including a test or other appropriate outcome measure acceptable to the Board.
(4)
Approval of Providers.
(a)
The individuals or entities that are not considered to be pre-approved providers, including, but not limited to, professional firms conducting in-house presentations, may be approved by the Board to become authorized providers upon application and approval by the Board.
(b)
During the application process, the Board will evaluate the suitability of the provider to serve as an approved provider.
(c)
The provider shall submit general information that will enable the Board to evaluate the provider’s qualifications. At a minimum, the Board requires the following information to be submitted with each application for approval:
(i)
The types and descriptions of proposed or existing courses intended to be offered;
(ii)
The number of PDH units to be awarded for each course;
(iii)
The identity and qualifications of the course instructors;
(iv)
The explanation and sample of outcome measures for any self-directed programs that may be offered; and
(v)
The sample course outlines detailing the content of activity to be offered.
(d)
The Board may suspend or revoke authorization as a provider if, in the judgment of the Board, the intent of Business Occupations and Professions Article, §14-314(f), Annotated Code of Maryland, is no longer served.
(e)
An individual or organization whose provider's privilege has been suspended or revoked may appeal to the Board for a hearing, within 30 days after notification of the action by the Board.
(f)
The Board may require approved providers to document the CPC activities for audit by the Board at any time within the 6-year period after the first presentation of the programs. Documentation shall include registration and attendance records, stated purpose, content, presentation, time and length of the activity, and participant evaluations.
C.
The Board shall maintain and make available to licensees, as often as it considers appropriate, a roster of approved providers.

Regulation .08 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 4 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, if appropriate;
(3)
Reprints of publications;
(4)
Proof of presentations;
(5)
Title and description of the activity;
(6)
Dates and times attended;
(7)
Presenter’s name; and
(8)
Any other information that may be required by the Board.

Regulation .09 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 before the licensee’s license expiration date.
B.
The Board at its discretion may audit licensees to ascertain compliance with CPC requirements.
C.
Licensees who are audited shall provide any additional documentation required by the Board to complete the audit.

Regulation .10 Exceptions from Compliance with CPC Requirements.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 Title 2.5, Business Regulation Article, 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 or the Board’s administrative designee grant a one-time exception from compliance (Compliance Exception Request), provided that the Compliance Exception Request is filed with the Board or the Board’s administrative designee at least 30 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 or the Board’s designee 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 6 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 .11 Failure to Meet the CPC Requirements.Copy Citation

In the event a licensee 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, §14–319, Annotated Code of Maryland, may take any and all available disciplinary actions under Business Occupations and Professions Article, §14–317, Annotated Code of Maryland.

Regulation .12 Reinstatement of License.Copy Citation

A licensee who wishes to reinstate a license shall fulfill at least 16 PDH units by attending and successfully completing one or more qualifying programs described in Regulations .03 and .04 of this chapter for the immediately preceding CPC reporting period and pay all applicable fees.

Regulation .13 Retired Status.Copy Citation

An individual who elected to receive retired status license shall be exempt from the compliance with the CPC requirements. In the event such individual elects to have the license reactivated, the individual shall fulfill at least 16 PDH units by attending and successfully completing one or more qualifying programs described in Regulations .03 and .04 of this chapter.

Regulation .14 Dual Licensees.Copy Citation

A licensee who maintains current licenses in the State of Maryland both as a professional engineer and as a professional land or property line surveyor shall fulfill at least 8 PDH units that satisfy the CPC requirements set forth in COMAR 09.13.08 applicable to licensed professional land or property line surveyors, and at least 8 PDH units that satisfy the CPC requirements of this chapter.

Regulation .15 CPC Units Earned in Other States.Copy Citation

The Board will accept CPC units earned for qualifying activities completed in other jurisdictions, provided that:
A.
The activity is consistent and complies with the requisite criteria set forth in this chapter;
B.
An out-of-State licensee provides evidence of attending and completing a qualifying activity in another state, together with the applicable number of CPC units earned; and
C.
An out-of-State licensee otherwise fulfills all other applicable license renewal requirements in the State of Maryland.
Chapter annotations
Authority: Business Occupations and Professions Article, §14-314, Annotated Code of Maryland
History: Effective date: July 11, 2011 (38:14 Md. R. 789)
History: Regulation .11 amended effective August 18, 2014 (41:16 Md. R. 945)
History: Chapter revised effective January 15, 2018 (45:1 Md. R. 13)
History: Regulation .15 adopted effective July 27, 2020 (47:15 Md. R. 713)