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<strong>APELSCIDLA</strong> <strong>Board</strong><br />

Virginia <strong>Board</strong> for<br />

Architects, Professional Engineers, Land<br />

Surveyors, Certified Interior Designers<br />

& Landscape Architects


Overview of the <strong>Board</strong><br />

• History of the <strong>Board</strong><br />

• <strong>Board</strong> Members<br />

• <strong>Board</strong> Staff


History of the <strong>Board</strong><br />

The APELS <strong>Board</strong> was created in 1920.<br />

Landscape Architects joined in 1980<br />

and Interior Designers joined in 1990 –<br />

creating the acronym “<strong>APELSCIDLA</strong>”!


The <strong>APELSCIDLA</strong> <strong>Board</strong><br />

Thirteen member <strong>Board</strong><br />

Examines, licenses, certifies and regulates<br />

Approximately 36,000 Architects,<br />

Professional Engineers, Land Surveyors,<br />

Certified Landscape Architects and<br />

Certified Interior Designers and related<br />

businesses in Virginia


<strong>Board</strong> Members<br />

(§ 54.1- 403 of the Code of Virginia)<br />

Architects<br />

• James R. Boyd<br />

• J. Everette “Ebo” Fauber, III<br />

(Chair)<br />

• Michael F. LeMay<br />

Professional Engineers<br />

• John L. Combs<br />

• Nico De Léon<br />

• Wiley V. “Bif” Johnson, III


Land Surveyors<br />

• Paul deC. Holt, Jr.<br />

• Nancy E. McIntyre<br />

• W. R. Stephenson, Jr.<br />

<strong>Board</strong> Members<br />

(§ 54.1- 403 of the Code of Virginia)<br />

Landscape Architects<br />

• Vaughn B. Rinner (Vice Chair)<br />

• Andrew M. Scherzer<br />

Certified Interior Designers<br />

• Lorri Finn<br />

• Cameron C. Stiles


<strong>Board</strong> Staff<br />

• Kate Nosbisch, Executive Director<br />

• Marian Brooks, <strong>Board</strong> Administrator<br />

• Justin Garofalo, <strong>Board</strong> Administrator<br />

• Amy Goobic, Administrative Assistant<br />

LICENSING SPECIALISTS :<br />

• Tonia Burrell<br />

• Joan Leonard<br />

• Ramona Norris<br />

• Toni Spencer<br />

• Patty Cordero


<strong>APELSCIDLA</strong> Regulant Counts<br />

as of April 1, 2011<br />

• Architects - 6,910<br />

• Professional Engineers – 26,156<br />

• Land Surveyors – 1,618<br />

• Interior Designers – 487<br />

• Landscape Architects – 823<br />

• <strong>APELSCIDLA</strong> Businesses – 3,366


<strong>Board</strong>’s Website<br />

The <strong>Board</strong>’s web-site contains the following:<br />

• Statutes and regulations<br />

• Contact information<br />

• <strong>Board</strong> meeting dates, agendas, and<br />

meeting minutes<br />

• Pending regulatory actions<br />

• Applications and newsletters<br />

• Exam information<br />

www.dpor.virginia.gov


Navigating the Website


Navigating the Website (cont.)


Navigating the Website (cont.)


Navigating the Website (cont.)


Navigating the Website (cont.)


Navigating the Website (cont.)


Overview of Licensing<br />

• Levels of Regulation<br />

• Definitions<br />

• Exemptions<br />

• Use of Seal<br />

• Disciplinary Actions


Levels of Regulation<br />

Levels of regulation pursuant to §§<br />

54.1-300 and 311 of the Code of<br />

Virginia:<br />

• Licensure (aka Practice Act);<br />

• Certification (aka Title Act); and<br />

• Registration (no attestation as to<br />

minimal competency)


Definitions<br />

Architect:<br />

"Architect" means a person who, by reason of his knowledge<br />

of the mathematical and physical sciences, and the principles<br />

of architecture and architectural design, acquired by<br />

professional education, practical experience, or both, is<br />

qualified to engage in the practice of architecture and whose<br />

competence has been attested by the <strong>Board</strong> through licensure<br />

as an architect.<br />

Professional Engineer:<br />

"Professional engineer" means a person who is qualified to<br />

practice engineering by reason of his special knowledge and<br />

use of mathematical, physical and engineering sciences and<br />

the principles and methods of engineering analysis and design<br />

acquired by engineering education and experience, and whose<br />

competence has been attested by the <strong>Board</strong> through licensure<br />

as a professional engineer.<br />

§ 54.1-400 of the Code of Virginia


Definitions<br />

Land Surveyor:<br />

"Land surveyor" means a person who, by reason of his<br />

knowledge of the several sciences and of the principles of land<br />

surveying, and of the planning and design of land<br />

developments acquired by practical experience and formal<br />

education, is qualified to engage in the practice of land<br />

surveying, and whose competence has been attested by the<br />

<strong>Board</strong> through licensure as a land surveyor.<br />

(See § 54.1-408 for Land Surveyor B)<br />

Certified Interior Designer:<br />

"Certified interior designer" means a design professional who<br />

meets the criteria of education, experience, and testing in the<br />

rendering of interior design services established by the <strong>Board</strong><br />

through certification as an interior designer.<br />

§ 54.1-400 of the Code of Virginia


Definitions<br />

Landscape Architect:<br />

"Landscape architect" means a person who, by reason<br />

of his special knowledge of natural, physical and<br />

mathematical sciences, and the principles and<br />

methodology of landscape architecture and landscape<br />

architectural design acquired by professional<br />

education, practical experience, or both, is qualified to<br />

engage in the practice of landscape architecture and<br />

whose competence has been attested by the <strong>Board</strong><br />

through licensure as a landscape architect.<br />

§ 54.1-400 of the Code of Virginia


Architecture<br />

The "practice of architecture" means any service<br />

wherein the principles and methods of architecture<br />

are applied, such as consultation, investigation,<br />

evaluation, planning and design, and includes the<br />

responsible administration of construction<br />

contracts, in connection with any private or public<br />

buildings, structures or projects, or the related<br />

equipment or accessories.<br />

§ 54.1-400 of the Code of Virginia


Engineering<br />

The "practice of engineering" means any service wherein the principles<br />

and methods of engineering are applied to, but are not necessarily<br />

limited to, the following areas: consultation, investigation, evaluation,<br />

planning and design of public or private utilities, structures, machines,<br />

equipment, processes, transportation systems and work systems,<br />

including responsible administration of construction contracts. The<br />

term “practice of engineering” shall not include the service or<br />

maintenance of existing electrical or mechanical systems.<br />

§ 54.1-400 of the Code of Virginia


Land Surveying<br />

The "practice of land surveying" includes surveying of areas for a<br />

determination or correction, a description, the establishment or<br />

reestablishment of internal and external land boundaries, or the<br />

determination of topography, contours or location of physical<br />

improvements, and also includes the planning of land and subdivisions<br />

thereof. The term "planning of land and subdivisions thereof" shall<br />

include, but not be limited to, the preparation of incidental plans and<br />

profiles for roads, streets and sidewalks, grading, drainage on the<br />

surface, culverts and erosion control measures, with reference to<br />

existing state or local standards.<br />

§ 54.1-400 of the Code of Virginia


Certified Interior Designer<br />

"Interior design" by a certified interior designer means any service<br />

rendered wherein the principles and methodology of interior design<br />

are applied in connection with the identification, research, and<br />

creative solution of problems pertaining to the function and quality<br />

of the interior environment. Such services relative to interior spaces<br />

shall include the preparation of documents for nonload-bearing<br />

interior construction, furnishings, fixtures, and equipment in order<br />

to enhance and protect the health, safety, and welfare of the public.<br />

§ 54.1-400 of the Code of Virginia


Landscape Architecture<br />

The "practice of landscape architecture" by a licensed landscape<br />

architect means any service wherein the principles and<br />

methodology of landscape architecture are applied in<br />

consultation, evaluation, planning (including the preparation<br />

and filing of sketches, drawings, plans and specifications) and<br />

responsible supervision or administration of contracts relative<br />

to projects principally directed at the functional and aesthetic<br />

use of land.<br />

§ 54.1-400 of the Code of Virginia


Renewal & Reinstatement<br />

• Renewals automatically mailed<br />

to address of record.<br />

• Reinstatement period is<br />

unlimited.<br />

• If a regulant reinstates, it is as if<br />

they never had a gap in<br />

licensure, certification or<br />

registration.


<strong>APELSCIDLA</strong> Exemptions…<br />

There are several exemptions contained in law :<br />

• § 54.1-401 exempts certain actions from<br />

licensure (also includes provisions for<br />

incidental work);<br />

• § 54.1-402 exempts certain individuals from<br />

licensure (however, if a regulant performs<br />

such work, they are required to sign and seal<br />

the work); and<br />

• § 54.1-402.1 exempts certain state and local<br />

government employees from licensure<br />

requirements under certain conditions (also<br />

see the provisions of § 54.1-406 D & E).


License Required…<br />

§ 54.1-406 License Required<br />

A. Unless exempted by § 54.1-401, 54.1-402, or 54.1-402.1, a<br />

person shall hold a valid license prior to engaging in the<br />

practice of architecture or engineering which includes design,<br />

consultation, evaluation or analysis and involves proposed or<br />

existing improvements to real property.<br />

B. Unless exempted by § 54.1-402, any person, partnership,<br />

corporation or other entity offering to practice architecture,<br />

engineering, or land surveying without being registered or<br />

licensed in accordance with the provisions of this chapter,<br />

shall be subject to the provisions of § 54.1-111 of this title.<br />

C. Any person, partnership, corporation or other entity which is<br />

not licensed or registered to practice in accordance with this<br />

chapter and which advertises or promotes through the use of<br />

the words "architecture," "engineering" or "land surveying" or<br />

any modification or derivative thereof in its name or<br />

description of its business activity in a manner that indicates<br />

or implies that it practices or offers to practice architecture,<br />

engineering or land surveying as defined in this chapter shall<br />

be subject to the provisions of § 54.1-111.


18VAC10-20-760 Use of Seal<br />

• The application of a professional seal<br />

indicates that the professional has<br />

exercised direct control and personal<br />

supervision over the work to which it is<br />

affixed.


Use of Seal (cont.)<br />

• If the original professional of record is no longer employed by the<br />

regulant or unable to seal the work, that work may be sealed by<br />

another professional, but only after a thorough review of the<br />

work to verify it has been accomplished to the same extent that<br />

would have been exercised if the work had been done under the<br />

direct control and personal supervision of the professional affixing<br />

the seal.


Disciplinary Actions<br />

Professional Engineers<br />

March 2006 – March 2011<br />

Violations Include:<br />

• Signed/sealed letter on letterhead of unlicensed<br />

engineering company with which he was not<br />

employed.<br />

• Submitted drawings that were unsealed,<br />

unsigned and undated.<br />

• Cheated on NCEES Engineers Exam - 2.<br />

• Utilized drawings of another engineer without<br />

written consent.


Disciplinary Actions (cont.)<br />

• Entered into an agreement; failed to complete<br />

the jobs required in the agreement.<br />

• Failed to notify the <strong>Board</strong> of license revocation in<br />

another state – 2.<br />

• Submitted plans not marked as “incomplete”,<br />

“advance” or “preliminary work.”<br />

• Failed to notify <strong>Board</strong> of disciplinary action in<br />

another state - 7.<br />

• Failed to include all relevant & pertinent<br />

information on sealed documents.


Disciplinary Actions (cont.)<br />

• Felony conviction resulting in revocation in<br />

another state.<br />

• Stamped plans prepared by unlicensed<br />

individual not under his direct control and<br />

personal supervision.<br />

• Placed seal on work of another regulant in<br />

another state without permission (also, did not<br />

date stamp plans, did not have direct control or<br />

personal supervision of the calculations he<br />

stamped and signed, implied by stamping and<br />

sealing plans that he had a business relationship<br />

where one did not exist).


Disciplinary Actions (cont.)<br />

• Signed and sealed drawings that were<br />

within the practice of architecture.<br />

• Submitted designs from own company to<br />

city for which licensee was a city official –<br />

conflict of interest.<br />

• Plead guilty and was convicted of<br />

conspiracy to violate the Foreign Corrupt<br />

Practices Act.


Disciplinary Actions (cont.)<br />

• Signed and sealed a survey that was not incidental to the<br />

engineering work. Failed to utilize minimum field procedures failed<br />

to correctly identify the title of the survey; include the district and the<br />

county in which the subject property was located in the title of the<br />

Surveys; identify the owner of the Western adjoining property;<br />

correctly indicate who the owner of the subject property was at the<br />

time the Surveys were performed; and include the distance to the<br />

nearest street intersection on the Surveys. The metes and bounds<br />

description of the Surveys used adjoining property designations that:<br />

were not included on the land surveys; followed the centerline of an<br />

easement rather than a boundary line; and failed to include pertinent<br />

monumentation or names of record owners. Misrepresented that<br />

certain items were included in the survey when, in fact, the items<br />

were not included.<br />


Disciplinary Actions<br />

Architects<br />

March 2006 – March 2011<br />

Violations Include:<br />

• Felony conviction – bribing an official.<br />

• Failure to inform client of association with a<br />

business.<br />

• Presented calculations to locality that he did not<br />

have permission to submit and was not truthful<br />

when he presented them, knowing that he did<br />

not have permission to use them.


Disciplinary Actions (cont.)<br />

• Failure to notify <strong>Board</strong> of action in another<br />

state – 5.<br />

• Specs not Architect’s own without written<br />

permission.<br />

• Sketches not marked “incomplete,”<br />

“advance” or “preliminary.”<br />

• Failure to sign, seal or identify plans as<br />

“incomplete,” “advance” or “preliminary.”


Disciplinary Actions (cont.)<br />

• Failed to sign pages of drawing which<br />

contained solely their work; failed to<br />

include name, address and project name<br />

on the drawings; and failed to ensure all<br />

regulated disciplines affixed a seal,<br />

original signatures and date.<br />

• Charged clients for time spent obtaining<br />

bid form contractor who was not properly<br />

licensed to perform proposed construction.


Disciplinary Actions<br />

Land Surveyors<br />

March 2006 – March 2011<br />

Violations Include:<br />

• Failure to notify <strong>Board</strong> of license suspension in another<br />

state.<br />

• Signed and sealed plat without properly completing<br />

boundary survey.<br />

• Failure to include all Deed Book references for adjoining<br />

owners on plat.<br />

• Failure to include the source of meridian on survey map<br />

and failure to include statement that map was based on<br />

a current field survey.


Disciplinary Actions (cont.)<br />

• Prepared a “line survey” and entitled the plat “boundary<br />

survey” when a current field survey had not been<br />

performed.<br />

• Failure to apply professional seal, signature or date to<br />

survey.<br />

• Prepared plat that did not meet standards set forth for<br />

land boundary surveys performed in the Commonwealth.<br />

• Failed to: conduct a proper search of land records, to<br />

monument a new corner, establish existing corners of<br />

property lines, and to perform computations to show that<br />

the standards for a land boundary survey located in a<br />

rural area were met in the survey.


Disciplinary Actions (cont.)<br />

• Survey did not contain closed traverse field notes and<br />

calculations showing closure of traverse and calculations<br />

to balance the traverse.<br />

• Survey did not contain set corners.<br />

• Failure to register corporation with the <strong>Board</strong>.<br />

• Failed to properly stake the corners and property<br />

boundaries which resulted in a well being built on a<br />

neighbor’s property.<br />

• Failed to disclose in writing that contracted survey work<br />

had been performed by another company.


Disciplinary Actions (cont.)<br />

• Misrepresented information about right-of-way,<br />

intentionally misled locality in order to have plat<br />

approved and recorded.<br />

• Improper wording used in “Owner’s Statement” as<br />

required by the Code of Virginia.<br />

• Plat did not contain evidence of a title report, also failure<br />

to set corners or show physical encroachment on<br />

property line.<br />

• Failed to date two final house location surveys.


Disciplinary Actions (cont.)<br />

• Prepared a plat improperly using a creek from an old<br />

survey as the boundary line; also failed to clearly identify<br />

on the plat, the inconsistency found in researching the<br />

common boundary between property line and the<br />

adjoining property; also submitted a survey that was not<br />

sealed, signed and dated or identified as advance,<br />

preliminary, or incomplete.


Disciplinary Actions (cont.)<br />

• Prepared a plat that failed to show the name of the owner of<br />

record and deed reference; width of the road; bearings of all<br />

property lines; source of meridian used; area to the square<br />

foot or thousandth of an acre; tax map or geographic parcel<br />

numbers; statement that the land boundary survey shown was<br />

based on a current field survey; a statement as to whether or<br />

not a current title report was furnished; and a statement as to<br />

whether any or all easements were shown.<br />

• Prepared a plat that failed to show the width of the road;<br />

bearings of all property lines; area to the square foot or<br />

thousandth of an acre; statement that the land boundary<br />

survey shown was based on a current field survey; a<br />

statement as to whether or not a current title report was<br />

furnished; and a statement as to whether any or all<br />

easements were shown.


Disciplinary Action (cont.)<br />

Landscape Architects<br />

December 2007<br />

• Licensee failed to disclose that he was paid by a<br />

construction company for providing consulting<br />

services during the course of construction on<br />

clients property.


Disciplinary Actions (cont.)<br />

Sanctions Included:<br />

• Fines ranging from $150 to $5,500<br />

• Required continuing education courses<br />

• Provide proof of compliance for disciplinary action in<br />

another state<br />

• Completion of course covering <strong>Board</strong> rules and<br />

regulations<br />

• Probation<br />

• Banned from PE Examination for a 4-year period<br />

• Suspension of license<br />

• Surrender of license<br />

• Revocation of license


Guidance Document<br />

Requirements for Topographic Surveys in Virginia<br />

Purpose<br />

The purpose of this document is to clarify 18VAC10-20-382.B.11 of the<br />

<strong>Board</strong>’s regulations, performance standards for conducting<br />

topographic surveys, and the use of unregulated topographic<br />

surveys.<br />

Statement Requirement for Surveys<br />

Currently, <strong>Board</strong> regulations require that a certification statement be<br />

included with all topographic surveys:


18VAC10-20-382.B.11<br />

Guidance Document cont.<br />

“A statement, in the following form, shall be shown on or contained in<br />

plats, maps, or digital geospatial data including metadata:<br />

This ________________ (provide description of the project) was<br />

completed under the direct and responsible charge of,<br />

_______________________________ (Name of Surveyor or<br />

Surveyor Photogrammetrist) from an actual Ground or Airborne<br />

(check the one that is applicable) survey made under my<br />

supervision; that the imagery and/or original data was obtained on<br />

______________ (Date); and that this plat, map, or digital<br />

geospatial data including metadata meets minimum accuracy<br />

standards unless otherwise noted.”


Guidance Document cont.<br />

The statement indicates that the “Name of Surveyor or Surveyor<br />

Photogrammetrist” is required. The individuals authorized to perform<br />

topographic surveys are land surveyors and surveyor<br />

photogrammetrists licensed pursuant to 54.1-400 (et seq.) of the<br />

Code of Virginia. However, licensed architects and professional<br />

engineers are also authorized by Virginia statute to perform<br />

topographic surveys provided the survey is incidental to the<br />

architectural or engineering project, respectively:<br />

§ 54.1-401. Exemptions.<br />

“The following shall be exempted from the provisions [surveyor license]<br />

of this chapter:<br />

1. Practice of professional engineering and land surveying by a<br />

licensed architect when such practice is incidental to what may be<br />

properly considered an architectural undertaking.


Guidance Document cont.<br />

2. Practice of architecture and land surveying by a licensed<br />

professional engineer when such practice is incidental to an<br />

engineering project.”<br />

It is the intent of the <strong>Board</strong>’s regulations that the statement<br />

required by 18VAC10-20-382.B.11 of the <strong>Board</strong>’s regulations<br />

be signed by whichever professional completed the survey-<br />

surveyor, surveyor photogrammetrist, architect, or<br />

professional engineer.


Survey Performance Standard<br />

Guidance Document cont.<br />

<strong>Board</strong> regulations also require that any licensed professional,<br />

authorized to perform a survey, must perform the survey to<br />

the standards contained in 18VAC10-20-382 of the <strong>Board</strong>’s<br />

regulations:<br />

18VAC10-20-730.C<br />

“The professional shall adhere to the minimum standards and<br />

requirements pertaining to the practice of his own profession,<br />

as well as other professions if incidental work is performed.”


Guidance Document cont.<br />

When a licensed surveyor or surveyor photogrammetrist performs a<br />

topographic survey, or if an architect or professional engineer<br />

performs a topographic survey incidental to an architectural or<br />

engineering project, respectively, he must seal, sign, and date the<br />

survey per <strong>Board</strong> regulations:<br />

18VAC10-20-382.A<br />

“The minimum standards and procedures set forth in this section are to<br />

be used for topographic surveys performed in the Commonwealth of<br />

Virginia pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of<br />

the Code of Virginia. The application of the professional's seal,<br />

signature and date as required by these regulations shall be<br />

evidence that the topographic survey is correct to the best of the<br />

professional's knowledge and belief, and complies with the minimum<br />

standards and procedures.”


Guidance Document cont.<br />

<strong>Board</strong> regulations also require a seal, signature, and date even<br />

in situations where a license is not required:<br />

18VAC10-20-760.B.4<br />

“The seal of each professional responsible for each profession<br />

shall be used and shall be on each document that was<br />

prepared under the professional's direction and for which that<br />

professional is responsible. If one of the exemptions found in<br />

§ 54.1-402 of the Code of Virginia is applicable, a professional<br />

licensed or certified by this board shall nevertheless apply his<br />

seal to the exempt work.”


Guidance Document cont.<br />

Use of Unregulated Topographic Surveys<br />

The Code of Virginia requires that a topographic survey be performed<br />

by a professional who is duly licensed by the <strong>Board</strong>. Topographic<br />

surveys used in the design, modification, construction of<br />

improvements to real property, or for flood plain determination must<br />

be sealed, signed, and dated by the licensed professional who<br />

performed the survey or directly supervised the person who<br />

performed the survey. A topographic survey that is not sealed,<br />

signed, and dated by a professional must only be used for general<br />

information pursuant to Virginia statute:<br />


Guidance Document cont.<br />

§ 54.1-402.C Further exemptions from license requirements<br />

for architects, professional engineers, and land<br />

surveyors.<br />

(third paragraph) “Any person not licensed pursuant to<br />

subsection B of § 54.1-404 or 54.1-406 preparing<br />

documentation pursuant to subsection C of § 54.1-402 shall<br />

note the following on such documentation: "Any determination<br />

of topography or contours, or any depiction of physical<br />

improvements, property lines or boundaries is for general<br />

information only and shall not be used for the design,<br />

modification, or construction of improvements to real property<br />

or for flood plain determination."


Summary<br />

Guidance Document cont.<br />

The excerpts from Virginia statutes and <strong>Board</strong> regulations are<br />

provided above for your convenience to help you locate the<br />

text from the administrative and positive law that establishes<br />

the <strong>Board</strong>’s authority. To conclude the information above, the<br />

following summaries of this document are provided:<br />

1. Although the <strong>Board</strong>’s regulations indicate that the survey<br />

statement requires the “Name of Surveyor or Surveyor<br />

Photogrammetrist”, the architect or engineer who performed<br />

the survey, or directly supervised the individual who<br />

performed the survey, must place his name on the statement<br />

required by the regulations.


Guidance Document cont.<br />

2. Surveys must be performed to the standards established in the<br />

<strong>Board</strong>’s regulations whether the survey is performed by a licensed<br />

surveyor, surveyor photogrammetrist, architect, or professional<br />

engineer as indicated in this document. All surveys, regardless of<br />

whether exempt from statutory licensure requirements, must be<br />

sealed, signed, and dated by the professional who performed the<br />

survey or directly supervised the individual who performed the<br />

survey.<br />

3. Any professional licensed by the <strong>Board</strong>, who utilizes a topographic<br />

survey to perform professional work, must ensure that the survey is<br />

sealed, signed, and dated properly as indicated above.<br />

Professionals whose work includes the use of unregulated<br />

(unsealed, unsigned, and undated) topographic surveys are in<br />

violation of the <strong>Board</strong>’s regulations.


Update - Continuing Education<br />

WHO IS REQUIRED TO COMPLETE CE?<br />

• Architects<br />

• Professional Engineers<br />

• Land Surveyors<br />

• Landscape Architects<br />

Basically, all licensed professions under the<br />

<strong>APELSCIDLA</strong> <strong>Board</strong>.


Update - Continuing Education<br />

(cont.)<br />

• Section 54.1-404.2 of the Code of Virginia<br />

requires completion of the equivalent of 16<br />

hours per biennium of <strong>Board</strong> approved<br />

continuing education activities.<br />

• The regulations are drafted broadly to allow<br />

licensees the flexibility to meet continuing<br />

education requirements through a variety of<br />

methods as long as the coursework falls within<br />

the regulation 18VAC10-20-683.C.


Update - Continuing Education<br />

(cont.)<br />

Reg 18VAC10-20-683.C.1 – CE activities must:<br />

• Be related to the practice of the profession of the license<br />

being renewed.<br />

• Have a clear purpose and objective that will maintain,<br />

improve, or expand the skills and knowledge relevant to<br />

practice.<br />

NOTE: The regulations do not preclude<br />

acceptance of CE from other states or federal<br />

agencies, or for profit or non-profit sponsors, as long as the<br />

requirements of 18VAC10-20-683 are met.


Update - Continuing Education<br />

(cont.)<br />

• May be in areas related to business practices<br />

such as:<br />

- project management<br />

- risk management<br />

- ethics<br />

NOTE: CE credit hours are valid only during the two year<br />

period prior to license expiration date. There is no<br />

allowance for carry-over of CE credit hours.


Update - Continuing Education<br />

(cont.)<br />

• Curriculum must be consistent with the<br />

purpose and objective of the CE activity.<br />

• Sponsors must have sufficient resources<br />

to provide the CE activity and provide<br />

documentation of completion to those who<br />

successfully complete the CE activity.


Update - Continuing Education<br />

(cont.)<br />

• Instructors must be competent in the subject<br />

being taught, either by education or experience.<br />

• Fifty contact minutes shall equal one CE credit<br />

hour.<br />

• For segments less than fifty minutes, the sum of<br />

the segments may be totaled for computation of<br />

CE credit hours for that one CE course or<br />

activity.


Update - Continuing Education<br />

(cont.)<br />

• One semester credit hour of approved<br />

college credit equals 15 CE credit hours.<br />

• One quarter credit hour of approved<br />

college credit equals 10 CE credit hours.


Update - Continuing Education<br />

(cont.)<br />

• Self-directed activity must have an assessment by the<br />

sponsor at the conclusion to verify the individual has<br />

achieved the purpose and objective of the activity; credit<br />

will not be awarded if the individual has not passed the<br />

assessment.<br />

• CE credit will not be granted for serving as an officer in<br />

an association or serving on a committee.<br />

• CE credit will not be granted for community service,<br />

“Career Day”, or other lay presentations.<br />

• CE credit will not be granted for authoring papers or<br />

articles for magazines or journals.


Update - Continuing Education<br />

(cont.)<br />

• Licensee may be granted credit for the<br />

initial development or substantial updating<br />

of a CE activity.<br />

• Credit may be received for the initial<br />

teaching of a course that otherwise meets<br />

the requirements at twice the amount of<br />

credit that students of the course would<br />

receive.


Update - Continuing Education<br />

(cont.)<br />

• Additional credit for subsequent offerings<br />

of the course or activity with the same<br />

content will not be permitted.<br />

• Licensees will not receive credit for<br />

completing the same CE activity with the<br />

same content more than once during the<br />

license period immediately prior to the<br />

expiration date of the license for renewal.


Update - Continuing Education<br />

(cont.)<br />

• Licensees will not receive credit for completing the same<br />

CE activity with the same content during the two years<br />

immediately prior to the date of receipt by the <strong>Board</strong> of a<br />

reinstatement application.**<br />

• Only CE activities completed during the license period<br />

immediately prior to the expiration date of the license<br />

shall be acceptable in order to renew.<br />

NOTE: Submission of CE documentation is NOT required for<br />

renewal.


Update - Continuing Education<br />

(cont.)<br />

• CE activities utilized to satisfy the CE<br />

requirements to renew a license shall be valid<br />

only for that renewal.<br />

• Individuals shall maintain records of completion<br />

of CE activities that comply with the<br />

requirements for three years from the date of<br />

expiration of the license.<br />

• Individuals shall provide documentation of CE to<br />

the <strong>Board</strong> or its agents upon request.


Update - Continuing Education<br />

(cont.)<br />

• CE activities used to renew for a<br />

preceding license cycle shall not be<br />

accepted for subsequent renewal or<br />

reinstatement.<br />

• When applying for reinstatement,<br />

evidence of compliance with CE<br />

requirements shall be included with the<br />

reinstatement application package.


Update - Continuing Education<br />

(cont.)<br />

• CE activities submitted in support of<br />

reinstatement shall not be more than two years<br />

old as of the date a complete reinstatement<br />

application is received by the <strong>Board</strong>.<br />

• CE activities submitted for reinstatement shall<br />

only be valid for that reinstatement and shall not<br />

be applied towards subsequent renewals or<br />

reinstatements.


Update - Continuing Education<br />

(cont.)<br />

• The <strong>Board</strong> may conduct a random audit of<br />

licensees to determine CE compliance.<br />

• Licensees selected for audit shall provide<br />

documentation of all CE utilized to renew<br />

the license within 21 calendar days of<br />

receiving notification of audit.


Update - Continuing Education<br />

(cont.)<br />

18VAC10-20-687 Exemptions and Waivers<br />

• <strong>Board</strong> may grant exemptions or waive or reduce<br />

the number of CE activities required in cases of<br />

certified illness or undue hardship.<br />

• Such exemptions, waivers, or reductions shall<br />

not relieve the individual of their obligation to<br />

comply with other requirements of this chapter.


Update - Continuing Education<br />

(cont.)<br />

18VAC10-20-790 Sanctions<br />

• <strong>Board</strong> may discipline or sanction, or both,<br />

any license holder who fails to comply or<br />

misrepresents any information pertaining<br />

to CE requirements.


Update - Continuing Education<br />

(cont.)<br />

• There is no requirement that CE activities must take<br />

place in Virginia.<br />

• There is no requirement that CE activities be in a formal<br />

classroom setting.<br />

• There is no requirement specifically addressing what<br />

types of CE courses or activities must be completed.<br />

Licensees located not only in Virginia but<br />

worldwide have the flexibility to meet CE<br />

requirements in a variety of settings.


Update - Continuing Education<br />

(cont.)<br />

Continuing Education Regulation 18VAC10-<br />

20-683 went into effect April 1, 2009;<br />

there was a 12 month delayed enactment<br />

clause. Therefore CE is required for all<br />

licensees renewing or reinstating on or after<br />

April 1, 2010.


Update - Continuing Education<br />

(cont.)<br />

So how does this affect me?<br />

Example: If your license expires April 30, 2011, you<br />

must attest to 16 hours of CE earned between May<br />

1, 2009 and April 30, 2011.<br />

NOTE: You cannot attest to completion of<br />

CE requirements prior to actual completion.


Did You Know…<br />

• The <strong>Board</strong> now has an Emeritus status for<br />

licensees in good standing who are no longer<br />

practicing and do not wish to renew their license.<br />

• Emeritus professionals are not required to obtain<br />

CE.<br />

• If an Emeritus professional wishes to resume<br />

practice, he must reinstate his license to become<br />

active.<br />

• You cannot practice with an expired license.


Did You Know…<br />

• If you hold more than one license, you need 16 hours of CE per<br />

license.<br />

• If you hold more than one license and find a CE activity that would<br />

meet the requirements for both licenses, you could count it for both.<br />

However, be mindful the CE activity has to have occurred within the<br />

2 year window for each license.<br />

• CE requirements vary from state to state.<br />

• The <strong>Board</strong> has no control over what CE activities may be accepted<br />

by other states.<br />

• The <strong>Board</strong> is not pre-approving or providing CE activities due to the<br />

different professions and specialties within the professions.


Did You Know…<br />

• There is no CE exemption for licensees living outside of Virginia.<br />

• There is no CE exemption for “expert witnesses”.<br />

• There is no CE exemption for advanced degrees.<br />

• There is no CE exemption for small firms with nominal number of<br />

licensed individuals.<br />

• There is no CE exemption for age or years of practice.<br />

However, the licensee may request <strong>Board</strong> consideration of an<br />

exemption under “undue hardship” or “certified illness”.<br />

• The <strong>Board</strong> voted at its June 2010 meeting to waive CE requirements<br />

for active military serving overseas.


Contacting the <strong>Board</strong><br />

<strong>APELSCIDLA</strong> <strong>Board</strong><br />

Department of Professional &<br />

Occupational Regulation<br />

9960 Mayland Dr., Suite 400<br />

Richmond, VA 23233<br />

(804) 367-8506/8512<br />

www.dpor.virginia.gov<br />

apelscidla@dpor.virginia.gov


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