Current through Register 1531, September 27, 2024
(1)
Definitions. As used in 309 CMR 3.09, the following
terms shall have the following meanings unless the context clearly indicates
otherwise:
Approved Conference workshop means a
Board-approved workshop, short course, or similar training session that occurs
at a conference approved by the Board.
Continuing education means
Board-approved courses of learning that are designed to further the
professional competence of licensees. OSHA-required health and safety training
courses shall not be considered acceptable for the purposes of meeting the
continuing education requirements.
Continuing education credit and Credit
each mean:
(a) For Board-approved
courses which are offered as part of a university or college curriculum, the
units of continuing education that, pursuant to 309 CMR 3.09(8), are granted by
the Board for each approved course completed by a licensee; and
(b) For all other Board-approved courses,
including Internet courses, the units of continuing education that are granted
by the Board, generally on the basis of one credit for each hour of approved
course instruction actually attended by a licensee.
(c) For Board-approved conferences and
conference workshops, the units of continuing education that, pursuant to 309
CMR 3.09(9), are earned by licensees by attending approved conferences and
conference workshops.
Courses Offered as Part of a University or College
Curriculum mean courses offered by an institution accredited to
issue associates, bachelors and/or graduate degrees, provided that the
course:
(a) meets on a regular weekly
schedule on a semester or quarterly basis, and
(b) the course may be taken for a grade.
DEP Course means a continuing
education course that meets the requirements of 309 CMR 3.09, is taught in
whole or in substantial part by Department of Environmental Protection
personnel, and for which the Department has demonstrated, to the Board's
satisfaction, that the course subject matter is directly focused on regulatory
and/or technical topics that are reasonably likely to maintain or enhance the
ability of LSPs to perform, supervise and/or coordinate response actions (i.e.,
assessments, containments and/or removals) in Massachusetts in compliance with
applicable regulatory requirements. To be designated as a "DEP Course," a
course must be taught in whole or in substantial part by Department personnel,
must be proposed as a "DEP Course" by the Department, and must be approved as a
"DEP Course" by the Board. The Board, in its discretion, may also classify as a
"DEP Course" a course taught in whole or in substantial part by Board
personnel.
Licensee(s) and LSP(s) each mean
individuals holding an LSP license that is in full force and effect.
Regulatory means continuing education
that is reasonably likely to maintain or enhance the licensee's ability to
competently perform, supervise and/or coordinate response actions
(i.e., assessments, containments and/or removals) in
Massachusetts in compliance with applicable regulatory requirements. The term
contemplates only continuing education that is directly focused upon an
understanding of, and compliance with, the panoply of legal and regulatory
requirements applicable to the licensee's provision of professional services in
Massachusetts.
Technical means continuing education
that is reasonably likely to maintain or enhance the licensee's ability to
competently perform, supervise and/or coordinate the scientific and/or
technical components of response actions (i.e., assessments, containments
and/or removals) in Massachusetts. The term should not be narrowly construed so
that it reaches only continuing education that is directly concerned with
performing such activities; however, if the technical subject matter of the
continuing education is more generally focused, it should at least be
demonstrably relevant to the scientific and/or technical components of response
actions at disposal sites in Massachusetts.
(2)
Basic
Requirements.
(a) Every three
years following issuance of his or her license, each LSP shall demonstrate to
the Board's satisfaction that he or she has earned a minimum of 48 continuing
education credits. These credits can be earned only by attending Board-approved
courses, conferences, or conference workshops. No person may apply continuing
education credits earned during one license period toward another license
period. However, applicants who have been approved to take the examination may
take Board-approved courses and utilize the credits earned at their first
license renewal. Subject to the attendance and other requirements set forth in
309 CMR 3.09, continuing education credits are considered to be earned at the
completion of each Board-approved course or at the end of each Board-approved
conference or conference workshop.
(b) All continuing education credits
submitted by an LSP in fulfillment of the requirements of 309 CMR 3.09(2)(a)
shall be earned by attending Board-approved courses, conferences, or conference
workshops that are reasonably likely to maintain or enhance that LSP's ability
to render competent professional services.
(c) An LSP may not repeat a course or
conference workshop for credit during the same three-year license renewal
period or during the following three-year license renewal period.
(3)
Credit
Minimums.
(a) The 48 continuing
education credits earned every three years, as required in 309 CMR 3.09(2)(a),
shall include not fewer than eight credits from Board-approved courses
classified as Regulatory. In addition, at least 12 of the 48 credits must be
earned at a Board-approved DEP Course or Courses. The balance of the 48
required credits may be earned by attending any Board-approved course,
conference, or conference workshop.
(b) Credits earned by taking approved DEP
Courses that are classified as Regulatory can be applied toward both the
12-credit DEP Course requirement and the eight-credit Regulatory
requirement.
(c) Although, as
described in (b) above, certain credits may be applied simultaneously to both
the DEP Course requirement and the Regulatory requirement, no credits may be
applied more than once toward the overall 48-credit requirement.
(d) The continuing education requirements set
forth in 309 CMR 3.09(3)(a) through (c) are summarized for convenience in the
following table.
|
Minimum Number of Credits Required
|
| Total Credits |
48 |
| DEP Course(s) |
12 |
| Regulatory |
8 |
| Technical |
no minimum requirement |
(4)
Board-required courses. The Board may from time to
time require all LSPs to take a specific course. The Board will allow such a
course to be counted toward the requirements of 309 CMR 3.09(2) and
(3).
(5)
General Course
Requirements. To be considered by the Board for approval as a
continuing education course, the licensee or course provider must demonstrate
that:
(a) adequate attendance records will be
maintained;
(b) for courses not
offered as part of a university or college curriculum, at least one contiguous
hour of instruction time will be provided;
(c) the course will be taught by competent
instructors knowledgeable in the subject matter to be presented; and
(d) a written outline or syllabus will be
followed.
(6)
Requests for Approval of Continuing Education Courses.
(a) Either an LSP or the provider of a
potentially qualifying course may seek Board approval for the course. The Board
shall attempt to act upon a complete request within two months of receipt;
however, the Board's failure to act within two months shall not constitute
approval of the course. Requests for retroactive approval of continuing
education courses (i.e., courses already commenced or
completed by the time the Board meets to review the requests for their
approval) are disfavored but may be approved, at the Board's discretion, if the
provider has maintained a record of attendance and the other requirements for
course approval are met.
(b) A
complete request for approval of a continuing education course must include the
following information:
1. the date(s), time(s)
and location(s) of the course, and the number of hours of continuing education
credits requested;
2. a written
course outline or syllabus;
3. a
written statement describing the course and establishing its relevance to oil
or hazardous materials assessment, containment or removal activities at
disposal sites in Massachusetts;
4.
the credentials of the instructors;
5. a statement that the sponsoring
organization will maintain a record of attendance and will follow the course
outline or syllabus;
6. the
different credit options (if any) attending LSPs will have for earning
continuing education credits;
7.
for all courses, including conference workshops, a statement that the
sponsoring organization will, at the completion of the course, conduct, and
retain for the Board's inspection for a period of a year, an evaluation of the
course and the course instructor(s) using, at a minimum, evaluations prepared
confidentially by the course attendees and maintained in such a manner that the
identity of each evaluator is not disclosed to the course instructor or
provider; and
8. any other
information which the Board requests of the licensee or course provider to
demonstrate compliance with 309 CMR 3.09.
(c) Once a course has been approved by the
Board, if there are any substantive changes in the course outline or syllabus,
or a change of instructor(s), the course will require separate, additional
Board approval before LSPs can be given continuing education credit for taking
the revised course.
(d) In
submitting a course for Board approval as continuing education, the licensee or
course provider may suggest a division of the course into Regulatory and
Technical components, and/or DEP Course and non-DEP Course components. Based on
the information submitted, the Board may determine, in its discretion, whether
to approve an allocation of continuing education credits based on the suggested
division or decide upon a more appropriate allocation of credits.
(e) In selecting Board-approved courses for
continuing education credit, each licensee must also consider the criterion of
309 CMR 3.09(2)(b) as it applies to that individual licensee. While the Board
will not routinely investigate whether an otherwise approved course meets the
requirements of 309 CMR 3.09(2)(b) for a given individual, the Board reserves
the right to do so. If the Board finds that this criterion has not been met,
the Board may, without waiving any other remedy available to it, deny a
licensee all or a portion of the credit sought and may take any other
appropriate action including, but not limited to, requiring the licensee to
obtain additional continuing education credits in the subsequent license
period.
(7)
Attendance Requirements. For continuing education
credit to be granted for attendance at Board-approved courses, the following
attendance requirements must be met. These requirements are also summarized for
convenience in the table in
309 CMR 3.00Appendix
B.
(a) To receive continuing
education credit for attendance at an approved course that is more than four
hours in length, the licensee must attend a minimum of 75% of the course;
however, in no event may attendance be less than four hours. In the event that
an LSP attends at least 75% but less than 100% of a course that is more than
four hours in length, the LSP will receive credit on a pro
rata basis.
(b) To receive
continuing education credit for attendance at an approved course that is one to
four hours in length, the licensee must attend 100% of the course to receive
any credit.
(c) The attendance
requirements for conference workshops are set forth below in 309 CMR
3.09(0)(d).
(d) Course instructors
who are licensees may receive continuing education credit for a course once if
they either teach the entire course or teach part of the course and attend,
subject to the attendance requirements noted above, the remainder of the
course.
(8)
Maximum Credit for University or College Courses.
Courses offered as part of a university or college curriculum may be approved
by the Board for credit equivalent to 70% of the total number of hours of
classroom instruction if the course is taken for a grade and the licensee
passes, or 50% of the total number of hours of classroom instruction if the
course is not taken for a grade by the licensee. If an LSP takes the course for
a score or grade, the LSP must pass the course in order to receive continuing
education credit. In determining whether the LSP has passed the course, the
score or grade assigned by the course provider will ordinarily govern. Those
LSPs who are taking an approved university or college course for a grade are
not subject to the attendance requirements set forth in the 309 CMR
3.09(7).
(9)
Conferences.
(a) LSPs
may obtain credit on a one-for-two basis (i.e., one credit for every two hours
of attendance) for attending Board-approved conferences, and they may obtain
credit on a one-for-one basis (i.e., one credit for each hour of attendance)
for attending approved conference workshops, subject to the requirements set
forth below.
(b) Prior to the
conference, the sponsor must submit a request for approval to the Board
enclosing the following:
1. a full description
of the conference, including a description and schedule for each of its
sessions, workshops, short courses, and similar training sessions;
2. the date, time, and location of the
conference;
3. a statement that the
sponsor will comply with all the requirements set forth below in 309 CMR
3.09(9)(c) and 3.09(9)(e); and
4.
if the provider is seeking one-for-one credit for any workshops, short courses,
or similar training sessions, all the information required in 309 CMR 3.09(6)
must be submitted for each such session. To be approved as an approved
conference workshop, a workshop, short course, or similar training session must
be at least one hour in length.
(c) A sponsor must comply with the following
verification requirements when conducting an approved conference:
1. maintain a sign-in/sign-out log for each
LSP to sign in and out each time he or she arrives at or leaves the conference
premises;
2. maintain a separate
sign-in/sign-out log for each approved conference workshop; and
3. check each LSP's photo I.D. and also enter
the time of day next to the LSP's signature in the log on each occasion when an
LSP signs a sign-in/sign-out log.
(d) The attendance requirements for obtaining
one-for-one credit at approved conference workshops are as follows:
1. For approved conference workshops that are
more than four hours in length, the LSP must attend at least 75% of the
session; however, in no event may the attendance be less than four
hours.
2. For approved conference
workshops that are at least one but no more than four hours in length, the LSP
must attend 100% of the session.
3.
An LSP who attends an approved conference workshop but does not meet the
foregoing attendance requirements shall obtain credit on a onr-for-two basis
based on the time attended.
4.
Instructors for approved conference workshops who are LSPs may receive
one-for-one credit for the session once if they either teach the entire session
or teach part of the session and attend, subject to the attendance requirements
noted above, the remainder of the session.
5. These attendance requirements are also
summarized for convenience in the table in
309 CMR 3.00
Appendix
B. (e) After an approved conference has concluded, a sponsor must
comply with the following requirements for calculating and awarding continuing
education credits to those LSPs who were in attendance:
1. Tally up separately the total number of
hours each LSP attended
(a) approved
conference workshops for which the LSP met the attendance requirements;
and
(b) the remainder of the
conference, not counting time spent in approved conference workshops for which
the LSP met the attendance requirements.
In calculating these hours, the sponsor shall count only those
hours between the time the LSP signed in and the time the LSP signed out. An
LSP must sign both in and out to receive attendance hours.
2. After tallying the hours, award
each LSP who has attended the conference an LSP Board Continuing Education
Certificate showing how many credits the LSP has earned, based on the rules for
calculating credits set forth above.
(10)
Internet
Courses. Notwithstanding the specific requirements set forth in
309 CMR 3.09(1) through (9), the Board may, at its discretion, approve for
continuing education credit courses offered over the Internet. The Board may,
as it sees fit and on a course-by-course basis, impose special requirements
and/or conditions on Internet course providers and/or LSPs taking said
courses.
