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09.35.04 - Elevator Safety Review Board - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 18
FRIDAY, SEPTEMBER 6, 2013

Subtitle 35 ELEVATOR SAFETY REVIEW BOARD

09.35.04 Continuing Professional Competency

Authority: Public Safety Article, §12-833(d), Annotated Code of Maryland

Notice of Proposed Action
[13-263-P]

The Elevator Safety Review Board proposes to adopt new Regulations .01 — .10 under a new chapter, COMAR 09.35.04 Continuing Professional Competency. This action was considered by the Elevator Safety Review Board at a public meeting held on June 21, 2013, notice of which was given pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to comply with the statutory mandate that the Elevator Safety Review Board adopt regulations to require a demonstration of continuing professional competency (CPC) as a condition of license renewal, to establish criteria for CPC course providers, to provide for a temporary waiver of CPC requirements under specific circumstances, and to set record keeping criteria for CPC course providers. The regulations also set forth the number of continuing competency units required for each 2-year renewal period, establish a committee of the Board to approve providers, designate certain organizations as authorized providers without need for approval by the committee, require the licensee to maintain records verifying CPC course completion and to attest to that completion on the renewal form, subject a licensee who fails to complete the requirements to disciplinary action, allow a licensee to reinstate a license under certain circumstances, and provide for a phase-in of the CPC requirements based on the license renewal date.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to John Papavasiliou, Executive Director, Elevator Safety Review Board, 500 N. Calvert Street, Room 308, Baltimore, MD 21202, or call 410-230-6160, or email to jpapavasiliou@dllr.state.md.us, or fax to 410-333-6314. Comments will be accepted through October 11, 2013. A public hearing has not been scheduled.

.01 Purpose.
The public interest requires that licensees holding applicable licenses pursuant to Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland, 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 licensees to comply with the continuing professional competency requirements as a prerequisite to the renewal of an applicable license.

.02 Definitions.
  A. In this chapter, the following terms have the meaning indicated.
  B. Terms Defined.
    (1) “Activity” means attending and completing qualifying courses, seminars, workshops, technical presentations, and other qualifying programs that meet the criteria and objectives of continuing professional competency.
    (2) “Authorized provider” means an organization or individual reviewed and approved by the CPC Standards Committee.
    (3) “Board” means the Elevator Safety Review Board.
    (4) “Continuing Professional Competency (CPC) unit” means 1 hour of instruction, presentation, or other activity.
    (5) “Course” means a qualifying offering with a clear purpose and objective to maintain, improve, or expand the skills and knowledge of a licensee’s field of practice.
    (6) “CPC Standards Committee” means a committee of Board members as established in Regulation .05 of this chapter.
    (7) “Qualifying program” means any course, seminar, workshop, technical presentation, or any other qualifying offering that meets the criteria set forth in Regulation .04 of this chapter.

.03 Requirements.
A licensee shall complete a minimum of 8 CPC units during each licensing renewal period.

.04 Criteria for Qualifying Programs.
Programs shall meet at least the following criteria in order to be considered qualifying programs:
  A. Maintain and enhance professional competency of licensees regulated by the Board;
  B. Foster improvement, advancement, and extension of the mechanical and other appropriate professional skills and knowledge related to the work performed by licensees regulated by the Board;
  C. Be offered by an authorized provider;
  D. Have a stated purpose and defined content area;
  E. Be presented by presenters who are qualified in the defined content area; and
  F. Have a clearly stated time duration.

.05 Authorization of Providers.
  A. Responsibility for Authorizing Providers.
    (1) The Board shall select and establish a committee to recommend the approval of providers of the CPC units (the “CPC Standards Committee”).
    (2) The CPC Standards Committee shall consist of the following individuals:
      (a) One renovator member; and
      (b) Two members from the following three categories of Board members:
        (i) A major elevator manufacturing company or its authorized representative;
        (ii) An elevator servicing company; or
        (iii) A representative of labor involved in the installation, maintenance, and repair of elevators.
    (3) The Board shall assign to the CPC Standards Committee the responsibility for reviewing and recommending the approval of providers to the Board. The Committee shall establish guidelines and procedures for the recommendation of approval of authorized providers in accordance with the objectives stated in this regulation and Regulation .04 of this chapter.
    (4) If requested by the Board, the CPC Standards Committee shall submit quarterly reports to the Board containing the list of authorized providers approved by the Committee in the previous calendar quarter, together with any other information requested by the Board.
  B. Providers’ Eligibility.
    (1) The following are authorized providers without any further action by the CPC Standards Committee or the Board:
      (a) National Association of Elevator Contractors;
      (b) American Society of Mechanical Engineers;
      (c) National Elevator Industry Educational Program; and
      (d) Elevator Industry Work Preservation Fund.
    (2) The CPC Standards Committee may recommend to the Board approval of other providers or programs, if:
      (a) The provider’s program meets the criteria set forth in Regulation .04 of this chapter; and
     (b) The provider submits general information that will enable the Board to evaluate the provider’s qualifications, including, at a minimum, the following information with each application for approval:
        (i) The types and descriptions of proposed or existing courses intended to be offered;
        (ii) The number of CPC units to be awarded for each course;
        (iii) The identity and qualifications of the course instructors; and
        (iv) The proposed course outlines detailing the content of instruction to be offered.
    (3) The Board may suspend or revoke authorization as a provider if, in the judgment of the Board, the provider no longer meets the objective of providing useful, current, and technically accurate information to the licensees.
    (4) Individuals or organizations that have not been recommended for authorized provider status by the Committee may appeal that decision to the Board within 30 days after the CPC Standards Committee notifies the individual or organization of the recommendation.
    (5) The Board may require approved providers to document the CPC activities for audit by the Board at any time. 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 the roster of approved providers.

.06 Record Keeping.
  A. Responsibility to Maintain Records.
    (1) It is the responsibility of the licensee to maintain records to be used to support the licensee’s continuing professional competency credit claim.
    (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) Title and description of the activity;
    (4) Dates attended;
    (5) Presenter’s name; and
    (6) Any other appropriate information.

.07 Reporting Requirements for License Renewal.
  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 by the last day of the month preceding the month in which the licensee’s individual license is required to be renewed for the following 2-year licensing term.
  B. The Board at its discretion may audit randomly selected licensees to verify compliance with CPC requirements.
  C. Licensees who are audited shall provide any additional documentation required by the Board to complete the audit.

.08 Failure to Meet the CPC Requirements.
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 Public Safety Article, §12-838, Annotated Code of Maryland, may take disciplinary action pursuant to Public Safety Article, §12-837, Annotated Code of Maryland.

.09 Reinstatement of License.
A licensee who wishes to reinstate a license after failing to complete the CPC requirements shall fulfill past due CPC requirements for the previous CPC reporting periods up to 16 CPC units (8 CPC units for up to two licensing periods) and pay all past due fees, unless the Board finds extenuating circumstances that establish good cause for a temporary waiver of the licensee’s failure to complete the CPC requirements.

.10 Effective Dates.
The following phase-in provisions apply to the respective license renewal dates:
  A. If a license expires before July 1, 2014, a licensee is not required to fulfill the CPC requirements.
  B. If a license expires on or after July 1, 2014, a licensee is required to fulfill the full CPC requirements as provided in this chapter.
  C. The Board may consider, for the purposes of compliance with the CPC requirements of this chapter, only CPC units earned on or after January 1, 2014.

EDWARD M. HOARD
Chairman
Elevator Safety Review Board