CHAPTER 20:38:35
CONTINUING PROFESSIONAL DEVELOPMENT
Section
20:38:35:01 Continuing professional development required for license renewal.
20:38:35:02 Alternative continuing professional development option for architects, Repealed.
20:38:35:03 PDH sources.
20:38:35:04 Multiple licenses.
20:38:35:05 Reactivation.
20:38:35:06 PDH credit.
20:38:35:07 Record keeping.
20:38:35:08 Exemptions.
20:38:35:09 Audits.
20:38:35:10 Compliance.
20:38:35:11 Carryover PDH.
20:38:35:01. Continuing professional development required for license renewal. Unless exempted as provided in § 20:38:35:08, a licensee must obtain a minimum of thirty PDH during the biennium preceding license renewal. PDH credit must be obtained in a qualifying professional development activity or course with clear purposes and objectives that maintain, improve, or expand the licensee's skills and knowledge relevant to the licensee's field of practice.
Of the required thirty PDH, a minimum of twenty PDH must be in technical subjects that lead to further professional development in the licensee's field of practice. Technical subjects include:
(1) Accessibility;
(2) Acoustical, electrical, mechanical, and plumbing systems;
(3) Building codes;
(4) Construction methods;
(5) Construction observation;
(6) Design;
(7) Environmental analysis;
(8) Land survey;
(9) Lateral forces;
(10) Programming and planning;
(11) Selection of building materials;
(12) Site and soils analyses and design; and
(13) Structural systems.
Of the required thirty PDH, a maximum of ten PDH may be in professional management subjects, including total quality management, professional business practice, and ethics.
A licensee submitting a renewal application must include a copy of the PDH log required by subdivision 20:38:35:07(1). The licensee shall certify, under penalty of perjury, that all information submitted by the licensee in the application is true and correct.
If notified by the board of an audit, a licensee must supply sufficient additional information within thirty calendar days to permit verification that the continuing professional development requirement has been met.
Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:03, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
General Authority: SDCL 36-18A-22(4), 36-18A-39.
Law Implemented: SDCL 36-18A-39(2), 36-18A-40.
20:38:35:02. Alternative continuing professional development option for architects. Repealed.
Source: 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
(2) Continuing\r\neducation courses, completed with passing grades;
\r\n\r\n(3) Correspondence,\r\ntelevised, videotaped, audiotaped, Internet, and other short courses or\r\ntutorials if such activities include testing completed with verifiable passing\r\nscores;
\r\n\r\n(4) Qualifying\r\nprofessional or technical seminars, in-house courses, or workshops;
\r\n\r\n(5) Presenting,\r\nteaching, or instructing in the qualifying activities listed in subdivision (1)\r\nto (4), inclusive, of this section;
\r\n\r\n(6) Writing\r\nof published papers, articles, or books;
\r\n\r\n(7) Active\r\nparticipation in professional or technical societies;
\r\n\r\n(8) Patents;\r\nand
\r\n\r\n(9) Self-study\r\nactivities, including Internet courses, books, or articles, or video/audio\r\ntapes, if such activities include testing or examination with formal, recorded\r\npassing scores.
\r\n\r\nTeaching\r\ncredit is valid for teaching a course or seminar for the first time only.\r\nTeaching credit does not apply to part-time or full-time faculty.
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(1) One\r\ncollege semester hour, 45 PDH;
\r\n\r\n(2) One\r\ncollege quarter hour, 30 PDH;
\r\n\r\n(3) One\r\ncontinuing education unit (CEU), 10 PDH;
\r\n\r\n(4) Program\r\ntime of professional development course work or seminars as follows:
\r\n\r\n| \r\n Program\r\n Time \r\n | \r\n \r\n PDH Credit \r\n | \r\n
| \r\n 0 to 29\r\n minutes \r\n | \r\n \r\n no credit \r\n | \r\n
| \r\n 30 to 49\r\n minutes \r\n | \r\n \r\n 0.5 PDH \r\n | \r\n
| \r\n 50 to 79\r\n minutes \r\n | \r\n \r\n 1.0 PDH \r\n | \r\n
| \r\n 80 to 109\r\n minutes \r\n | \r\n \r\n 1.5 PDH \r\n | \r\n
| \r\n Greater\r\n than 109 minutes \r\n | \r\n \r\n Actual time\r\n rounded to the nearest half hour; \r\n | \r\n
(5) One\r\nhour of presenting, teaching, or instructing, 2 PDH;
\r\n\r\n(6) Each\r\npublished paper, article, or book, 10 PDH;
\r\n\r\n(7) Active\r\nparticipation in each professional organization or technical society, 2 PDH per\r\norganization per biennial renewal period, maximum 6 PDH per biennial renewal\r\nperiod; and
\r\n\r\n(8) Each\r\npatent, 10 PDH.
\r\n\r\n20:38:35:07. Record keeping. A\r\nlicensee shall maintain records to support PDH credits claimed. Records\r\nsufficient for audit purposes must be maintained for a minimum of three years\r\nafter the date of renewal. A licensee shall keep the following:
\r\n\r\n\r\n\r\n
(1) A log showing the date of the\r\nactivity, type of activity claimed, sponsoring organization, location,\r\nduration, instructor's or speaker's name, and PDH credits claimed; and
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(2) Attendance verification records\r\nin the form of completion certificates or other documents supporting evidence\r\nof attendance.
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Records as maintained by the following\r\nprofessional record repositories may be provided in lieu of the above\r\ndocuments: the American Institute of Architects, the Professional Development\r\nRegistry for Engineers and Surveyors, (CLARB), or NCEES.
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Source: 26 SDR\r\n9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred\r\nfrom § 20:38:23:07, 38 SDR 121, effective January 16, 2012; 47 SDR 73,\r\neffective December 21, 2020.
\r\n\r\nGeneral Authority:\r\nSDCL 36-18A-22(4).
\r\n\r\nLaw Implemented:\r\nSDCL 36-18A-22(4), 36-18A-39.
\r\n\r\n\r\n\r\n
(1) A\r\nlicensee serving on temporary active duty in the armed forces of the United\r\nStates for more than 120 consecutive days in the biennium prior to renewal is\r\nexempt from the continuing professional development requirement for that\r\nbiennium. Supporting documentation must be furnished to the board;
\r\n\r\n(2) A\r\nlicensee experiencing physical disability, illness, or other extenuating\r\ncircumstances in the last six months of the biennium prior to renewal may be\r\nexempt from the professional development requirement for that biennium.\r\nSupporting documentation must be furnished to the board;
\r\n\r\n(3) A\r\nlicensee maintaining inactive or retired status, subject to the provisions of\r\nthis chapter.
\r\n\r\n20:38:35:09. Audits. The executive director shall select a random sample of license renewals to audit for compliance. Each licensee selected for audit shall submit copies of the PDH records required to be kept by § 20:38:35:07 for the audit period. The board may also audit based on complaints or charges against a licensee. Audit submissions must be organized in the same manner as the PDH log. Failure to submit the required documentation within thirty calendar days of an audit notification or other request for information may result in disciplinary action. Falsification of documentation is grounds for disciplinary action.
Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:12, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
General Authority: SDCL 36-18A-22(4).
Law Implemented: SDCL 36-18A-39.
20:38:35:10. Compliance. If an audit indicates a failure to comply with the professional development requirements, the licensee has thirty calendar days, after receipt of written notice of the failure, to show compliance.
If the licensee is unable to show compliance, the licensee must acquire sufficient PDH credits to meet the requirements within thirty calendar days of the receipt of the written notice and may be subject to disciplinary action.
The board may take into consideration hardship or extenuating circumstances in allowing correction of deficiencies. The deadline to acquire sufficient PDH credits may not be extended more than one year.
Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:23:13, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
General Authority: SDCL 36-18A-22(4).
Law Implemented: SDCL 36-18A-39.
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Source:\r\n47\r\nSDR 73, effective December 21, 2020.
\r\n\r\nGeneral\r\nAuthority: SDCL 36-18A-22(4).
\r\n\r\nLaw\r\nImplemented: SDCL 36-18A-39, 36-18A-40.
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