24 Del. Admin. Code § 1725-7.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1725-7.0 - Continuing Education

7.1 Continuing Education Hours Required for Renewal

7.1.1 The polysomnographer shall be required to complete twenty hours of continuing education acceptable to the Council biennially.

7.1.2 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of this Rule.

7.1.3 Attestation may be completed electronically at the time of online renewal.

7.1.4 The polysomnographer shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes.

7.1.5 Continuing education hours shall be prorated for new licensees in accordance with the following schedule: Two years remaining in the licensing cycle requires twenty hours. One year or more, but less than two years, remaining in the licensing cycle requires ten hours. Licensees obtaining initial licensure with less than one year remaining in the licensing cycle are exempt from the continuing education requirement.

7.2 Exemptions and Extensions

7.2.1 A licensee who because of a physical or mental illness during the license period could not complete the continuing education requirement may apply to the Council for a waiver. A waiver may provide for an extension of time or an exemption from some or all of the continuing education requirements for one renewal period. A separate request must be submitted for every renewal period during which a waiver is requested.

7.2.2 A request for a waiver must be submitted sixty days prior to the license renewal date.

7.2.3 Requests for Extension - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve months to make up all outstanding required hours providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Council shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must be received prior to the renewal deadline. The Council shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required hours. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Council. Make-up credits may not be used in the next renewal period.

7.3 Acceptable Continuing Education. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is whether the program is a planned program of learning that contributes directly to the professional competence of the polysomnographer. Continuing education hours awarded for activities/programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations:

7.3.1 The American Academy of Sleep Medicine

7.3.2 The American Association of Sleep Technologists

7.3.3 Other professional or education organizations so long as the specific program is acceptable to the Council.

7.4 Audit of Continuing Education Hours

7.4.1 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Council, to be audited. The Council may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.

7.4.2 Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various hours claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Council shall attempt to verify the hours shown on the documentation provided by the licensee. Upon completion of the review, the Council will determine whether the licensee's hours meet the requirements of these rules.

7.4.2.1 Any continuing education not meeting all provisions of these rules shall be rejected in part or in whole by the Council.

7.4.2.2 Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council.

7.4.2.3 Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period.

7.4.3 Council Review and Hearing Process. The Council shall review all documentation requested of any licensee shown on the audit list. If the Council initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing will be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if the licensee has met the requirement and if not, if there are any extenuating circumstances justifying the noncompliance with these requirements. Unjustified noncompliance with these regulations shall be considered unprofessional conduct in the practice of polysomnography and subject to discipline.

7.4.4 Sanctions for Unjustified Noncompliance. The minimum penalty for the first finding of unjustified noncompliance shall be a letter of reprimand and a $250.00 monetary penalty. The minimum penalty for the second finding of unjustified noncompliance shall be a thirty-day license suspension.

24 Del. Admin. Code § 1725-7.0

17 DE Reg. 1094 (5/1/2014) (Final)