12-02-011

WSR 12-02-011

PROPOSED RULES

BOARD OF REGISTRATION

FOR PROFESSIONAL ENGINEERS

AND LAND SURVEYORS

[ Filed December 23, 2011, 1:36 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-15-040.

     Title of Rule and Other Identifying Information: Chapter 196-34 WAC, Continuing education of licensed professional on-site wastewater treatment.

     Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Room 2209, Olympia, WA 98502, on February 7, 2012, at 1:00 p.m.

     Date of Intended Adoption: March 6, 2012.

     Submit Written Comments to: George A. Twiss, PLS, Executive Director, Board of Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail [e-mail], fax [phone], by February 6, 2012.

     Assistance for Persons with Disabilities: Contact Kim King, executive assistant, by February 6, 2012, TTY [phone] or [phone].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This existing rule needs to be revised to reflect passage of HB 1061, signed by the governor on May 5, 2011. With the passage of HB 1061, certified inspectors are no longer required to obtain professional development hours.

     Statutory Authority for Adoption: Chapters 18.43 and 18.210 RCW.

     Statute Being Implemented: Chapter 18.210 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Board of registration for professional engineers and land surveyors, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, WA 98502, [phone].

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No economic impact to licensees.

     A cost-benefit analysis is not required under RCW 34.05.328. No economic impact to licensees.

December 23, 2011

George A. Twiss

Executive Director

OTS-4537.2

Chapter 196-34 WAC

CONTINUING EDUCATION OF LICENSED PROFESSIONAL ON-SITE WASTEWATER TREATMENT SYSTEM DESIGNERS ((AND CERTIFIED INSPECTORS))

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-100   Purpose and effective date.   The purpose of the ((continuing education)) professional development hours requirement is to encourage licensed on-site wastewater treatment system designers (designers) ((and certificate of competency holders (inspectors))), under chapter 18.210 RCW, to maintain competency in their practice. ((On July 1, 2007 and thereafter,)) All designers ((and inspectors)) must meet these requirements as a condition of continued licensure((/certification)) under chapter 18.210 RCW.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-100, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-105   Definitions.   Terms used in this chapter are defined as follows:

     (1) Professional development hour (PDH)(( -- )) - An hour engaged in a qualifying activity.

     (2) ((Continuing education unit (CEU) -- Unit of credit customarily used for continuing education courses. One continuing education unit equals ten professional development hours.

     (3))) College/unit semester/quarter hour(( -- )) - Completion of courses in college level curriculums satisfactory to the board.

     (((4))) (3) Qualifying activity(( -- )) - Any activity that is related to on-site wastewater treatment systems or will help the designer ((or inspector)) to maintain their competency as an on-site wastewater treatment system professional.

     (((5) Year -- That twelve-month period between the renewal and expiration of a credential for a designer or inspector.

     (6))) (4) Board(( -- )) - The board of registration for professional engineers and land surveyors.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-105, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-110   Requirements.   ((Starting July 1, 2006,)) All designers ((and inspectors,)) wishing to maintain active practice must accumulate ((forty-five)) thirty PDH for any given ((three-year)) two-year period. ((Starting July 1, 2007)) The PDH accumulated by designers ((and inspectors)) are subject to audit by the board. ((Those individuals, who practice as both a designer and inspector, need only accumulate a total of forty-five PDH for the three-year period.))

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-110, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-115   Qualifying activities.   The board believes that designers ((and inspectors)) under provisions of chapter 18.210 RCW should have the discretion to make independent choices on what activities help them to be improved practitioners. The board will not provide advance approvals for selected activities or vendors. The board expects designers ((and inspectors)) to seek out qualifying activities that can be demonstrated to the board as relevant to his or her ((continuing education)) professional development as a designer ((or inspector)).

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-115, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-120   Units.   Qualifying activities earned and applied to one of the following categories may not be applied to another category.

1. College hours:
a. Completion of 1 college semester hour	45 PDH
b. Completion of 1 college quarter hour	30 PDH
((2. 1 Continuing education unit	10 PDH
3.)) 2. For publication or presentation of each:
a. Authored technical paper or article	10 PDH
b. Authored book	30 PDH
((4.)) 3. Obtaining a patent	10 PDH
((5.)) 4. Membership in professional/technical societies or government committees or boards. (Not to exceed a total of 5 PDH/year)	2 1/2 PDH
((6.)) 5. For each hour of attendance in a professional or technical society meetings with an informational program. (Not to exceed a total of 5 PDH/year)	1 PDH
((7.)) 6. For each hour of attendance at meetings or hearings of the board ((or On-site Advisory Committee)). (Not to exceed a total of 7 1/2 PDH/year)	1 PDH
((8.)) 7. For each hour of preparation and subsequent presentation (*) of a professional development program at seminars, professional/technical meetings, conventions or conferences. (Not to exceed 10 PDH/year) (*) This credit does not apply to full-time faculty.	1 PDH
((9.)) 8. Completion of the continuing education requirements for maintaining a credential as a registered sanitarian.	10 PDH
((10.)) 9. For each hour of participation in committees of organizations whose purpose is to develop codes, standards, examinations and regulations.	1 PDH
((11.)) 10. For each hour of participation in an activity involving substantial and organized peer interaction, excluding time spent during regular employment. (Not to exceed a total of 5 PDH/year)	1 PDH
((12.)) 11. For each hour of participation in organized courses, including employer provided courses, on environmental health topics/first aid/safety, technical or management skills.	1 PDH
((13.)) 12. For each hour of participation in sessions or courses, sponsored by technical or professional societies, organizations or the board.	1 PDH
((14.)) 13. For each hour of self-study. (Not to exceed a total of 5 PDH/year)	1 PDH
((15.)) 14. For each hour of work, outside normal duties of employment that involves participation in other recognized professional activities. (i.e. a designer working with a land surveyor) (Not to exceed a total of 2 PDH/year)	1 PDH

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-120, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-130   Determination of credit.   The board is the final authority with respect to claimed qualifying activities and the respective PDH credit. Qualifying activity becomes eligible for credit upon completion of the given activity. ((Credits gained in excess of the fifteen PDH annual requirement may be carried forward to the next renewal period.))

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-130, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-135   Recordkeeping and audits.   The designer ((or inspector)) is responsible for maintaining records to be used to support credits claimed. Records should include date of activity, instructor's name, description of activity, number of contact hours and location. The designer ((or inspector)) is required to keep their records of ((continuing education)) professional development covering the cumulative time in the current renewal period plus the ((three)) two years before the last renewal. All ((continuing education)) professional development records and supporting documentation must be furnished to the board upon request.

     If an audit disqualifies credits that were reported to the board by a designer ((or inspector)) and results in the licensee failing to complete the PDH requirements, the board may require the shortage to be made up over a period of time established by the board.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-135, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-140   Noncompliance with ((continuing education)) professional development.   (1) A designer ((or inspector)) who fails to comply with the requirements of this chapter is subject to disciplinary action by the board.

     (2) A designer ((or inspector)) who, through the course of an audit, is discovered to have falsified ((continuing education)) professional development documentation to the board is subject to disciplinary action by the board.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-140, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-145   Waiver.   The board may grant a waiver to the time requirement for collection of ((continuing education)) professional development to designers ((or inspectors)) who qualify. A request for a waiver must be made in writing and clearly state the justification and include any necessary documentation required by the board. All waivers expire on the next date of license((/certificate)) renewal unless the board grants an extension.

     The board may grant waivers for:

     (((a))) (1) Physical disability, prolonged illness, or other extenuating circumstances that pose a personal hardship.

     (((b))) (2) Individuals who have been placed on active military duty for at least one hundred twenty days.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-145, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-150   Exemption.   Designers ((or inspectors)) who have been approved for "Inactive Status" as provided in WAC 196-34-155 are exempt from the requirement of collecting ((continuing education)) professional development hours.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-150, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-155   Inactive status.   Any designer ((or inspector)) who signs a board approved affirmation that they are not engaged in the practice as an on-site wastewater treatment system ((professional)) designer is eligible for inactive status. Those with inactive status are prohibited from any practice as an on-site wastewater treatment system ((professional)) designer as provided in chapter 18.210 RCW. A designer ((or inspector)) on inactive status may reinstate their license to active status by written request to the board and payment of any applicable fees. In the first year of reactivated practice the designer ((or inspector)) may be required by the board to collect an additional fifteen PDH.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-155, filed 5/19/06, effective 7/1/06.]

AMENDATORY SECTION(Amending WSR 06-11-118, filed 5/19/06, effective 7/1/06)

WAC 196-34-160   Comity/out-of-jurisdiction resident.   The ((continuing education)) professional development requirements, as provided for in this chapter, may be satisfied when the board can verify that a designer ((or inspector)) has satisfied ((continuing education)) professional development requirements in another jurisdiction recognized by the board, as being equivalent to the requirements of this chapter.

[Statutory Authority: RCW 18.43.035 and chapter 18.210 RCW. 06-11-118, § 196-34-160, filed 5/19/06, effective 7/1/06.]