SECTION 138.17. Continuing Education

(a) Each license or registration holder shall meet the Continuing Education (CE) requirements for professional development as a condition for license or registration renewal.

(b) Terms used in this section are defined as follows:

(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CE activity. PDH is the basic unit for CE reporting.

(2) Continuing Education Unit (CEU)--Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.

(3) College/Unit Semester/Quarter Hour--Credit for course in ABET-approved program or other related college course.

(4) Course/Activity--Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license or registration holder's field of practice.

(5) Self-directed study--Time spent engaging in professional development that is not otherwise identified in this rule. (Examples include, but are not limited to: reading/reviewing trade magazines or books, watching tutorials, and viewing other online content.)

(c) Every license or registration holder is required to obtain 12 PDH units during the renewal period year.

(d) A minimum of 3 PDH units per renewal period must be in the area of professional ethics, roles and responsibilities of professional surveying, or review of the Acts and Board Rules. PDH units carried forward may not be counted to meet the professional ethics requirement.

(e) If a license or registration holder exceeds the annual requirement in any renewal period, a maximum of 9 PDH units may be carried forward into the subsequent renewal period. Professional Development Hours must not be anticipated and cannot be used for more than one renewal period.

(f) PDH units may be earned as follows:

(1) Successful completion or auditing of college credit courses.

(2) Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other groups.

(3) Successful completion of correspondence, on-line, televised, videotaped, and other short courses/tutorials.

(4) Presenting or attending seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other groups.

(5) Teaching or instructing as listed in paragraphs (1) through (4) of this subsection.

(6) Authoring published papers, articles, books, or accepted licensing or registration examination items.

(7) Active participation in professional or technical societies, associations, agencies, or organizations, through:

(A) Serving as an elected or appointed official;

(B) Serving on a committee of the organization; or

(C) Serving in other official positions.

(8) U.S. Patents issued.

(9) Engaging in self-directed study.

(10) Active participation in educational outreach activities including activities that build awareness or skills regarding surveying that involve K-12 or higher education students.

(11) A passing score on the Principles and Practice of Surveying examination in accordance with §134.73 of this title (relating to Examination Results and Analysis).

(g) All activities described in subsection (f) of this section shall be relevant to the practice of professional land surveying and may include educational, technical, ethical, or managerial content.

(h) The conversion of other units of credit to PDH units is as follows:

(1) 1 College or unit semester hour--15 PDH.

(2) 1 College or unit quarter hour--10 PDH.

(3) 1 Continuing Education Unit--10 PDH.

(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH.

(5) 1 Hour of professional development through self-directed study--1 PDH (Not to exceed 4 PDH).

(6) Each published paper, article, or book--10 PDH.

(7) Active participation in professional or technical society, association, agency, or organization--1 PDH (Not to exceed 5 PDH per organization).

(8) Active participation in educational outreach activities--1 PDH (Not to exceed 3 PDH).

(9) Each U.S. patent issued--15 PDH.

(10) Other activities shall be credited at 1 PDH for each hour of participation in the activity.

(11) A passing score on the Principles and Practice of Surveying examination in accordance with §134.73 of this title -- 9 PDH.

(i) Determination of Credit.

(1) The board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.

(2) The board shall not pre-approve or endorse any CE activities. It is the responsibility of each license or registration holder to assure that all PDH credits claimed meet CE requirements.

(3) Credit for college or community college approved courses will be based upon course credit established by the college.

(4) Credit for seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.

(5) Credit for self-directed study will be based on one PDH unit for each hour of study and is not to exceed 4 PDH per renewal period. Credit determination for self-directed study is the responsibility of the license or registration holder and subject to review as required by the board.

(6) Credit determination for activities described in subsection (h)(4) of this section is the responsibility of the license or registration holder and subject to review as required by the board.

(7) Credit for activity described in subsection (h)(7) of this section requires that a license or registration holder serve as an officer of the organization, actively participate in a committee of the organization, or serve in other official positions. PDH credits are not earned until the end of each year of service is completed.

(8) Teaching credit is valid for teaching a course or seminar for the first time only.

(j) The license or registration holder is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:

(1) a log showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and

(2) attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.

(k) The license or registration holder must certify that CE requirements have been satisfied for that renewal year with the renewal application and fee.

(l) CE records for each license or registration holder must be maintained for a period of three years by the license holder.

(m) CE records for each license or registration holder are subject to audit by the board or its authorized representative.

(1) Copies must be furnished, if requested, to the board or its authorized representative for audit verification purposes.

(2) If upon auditing a license or registration holder, the board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of surveying; the board may require the license or registration holder to acquire additional PDH as needed to fulfill the minimum CE requirements.

(n) A license or registration holder may be exempt from the continuing education requirements for one of the following reasons listed in paragraphs (1) - (4) of this subsection:

(1) New license holders shall be exempt for their first renewal period if the Principles and Practice of surveying exam was taken within 12 months of the license or registration issuance date.

(2) A license or registration holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the continuing education hours required during that year.

(3) License or registration holders experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the board may be exempt. Supporting documentation must be furnished to the board.

(4) License or registration holders who list their status as "Inactive" and who further certify that they are not providing professional surveying services in Texas shall be exempt from the continuing education hours required.

(5) Exemptions must be claimed at the time of renewal.

(o) A license or registration holder may bring an inactive license to active status by obtaining all delinquent PDH units and submitting copies of CE records demonstrating compliance to the board or its authorized representative for verification purposes. If the total number required to become current exceeds 24 units, then 24 units shall be the maximum number required, and hours acquired must be within the two years prior to reactivation.

(p) Noncompliance:

(1) If a license or registration holder does not certify that CE requirements have been met for a renewal period, the license or registration shall be considered expired and subject to late fees and penalties.

(2) Failure to comply with CE reporting requirements as listed in this section is a violation of board rules and shall be subject to sanctions.

(3) A determination by audit that CE requirements have been falsely reported shall be considered to be misconduct and will subject the license or registration holder to disciplinary action.

(4) If found to be noncompliant, the board may require additional audits of the license or registration holder.

Source Note: The provisions of this §138.17 adopted to be effective December 24, 2020, 45 TexReg 9206; amended to be effective July 3, 2022, 47 TexReg 3688