248 CMR, § 11.04

Current through Register 1536, December 6, 2024
Section 11.04 - Mandatory Continuing Education (MCE) Requirements for Master and Journeymen Plumbers, Master and Journeyman Gasfitters and for Undiluted Liquefied Petroleum Gas Installers
(1)General Continuing Education Provisions.
(a) All Massachusetts licensed plumbers, gasfitters, and undiluted liquefied petroleum gas installers, shall, during every two year license cycle, complete a course of continuing education without repetition. Apprentices shall not be required to complete continuing education.
(b) Continuing education policies, procedures, course content, and providers are subject to Board approval and must adhere to Board rules, regulations and policies. Continuing education courses shall focus on 248 CMR. In addition, the Board may approve continuing education courses that may include industry related business, law, technology or other subject matters.
(2)Requirements for License Renewal.
(a) Except as otherwise permitted in 248 CMR 11.00, each journeyman and master plumber, journeyman and master gas fitter, or undiluted liquefied petroleum gas installer shall, as a condition of license renewal, complete the following as applicable:
1. 12-clock hours of approved continuing education courses for plumbers with an approved provider; and
2. six-clock hours of approved continuing education courses for gas fitters or undiluted liquefied petroleum gas installers with an approved provider.
(b) Each licensee shall retain all Mandatory Continuing Education documentation for no less than three renewal cycles and shall furnish this documentation to the Board for verification of completion of the Continuing Education requirements if requested by the Board.
(c)Online and Correspondence Courses.
1. Licensees shall only be allowed to take Board approved online or correspondence courses. The Board may deny the right to take online or correspondence courses to individuals whose licenses have lapsed or have been subject to discipline.
2. Online and correspondence courses must include a requirement that attendees pass a Provider designed, Board approved examination. A licensee taking an online or correspondence course shall only be permitted two attempts to pass the examination. Upon the second failure, the licensee shall not be given credit for the online/correspondence course and must then obtain their required continuing education for that session from a live, classroom based Provider
3. The Board may impose additional requirements for Board approved online or correspondence courses in order to ensure their security and efficacy.
(d) It shall be the licensee's responsibility to ensure that their Provider has been authorized by the Board.
(3)Licensee Qualifications for Exemption of the (MCE) Mandatory Continuing Education Requirement.
(a) A licensee shall be exempt from completing mandatory continuing education requirements if one of the following applies prior to the end of the renewal cycle, unless otherwise specified:
1. The licensee, as an approved instructor, has taught all courses which, without duplication, would fulfill their continuing education requirement for that renewal cycle; 2. The licensee is a qualified and duly appointed Inspector, Assistant Inspector or Alternate Inspector of Plumbing and/or Gas Fitting appointed pursuant to M.G.L. c. 142, § 11B and has successfully completed the continuing education requirements of M.G.L. c. 142, § 11;
3. The licensee is a State Inspector/Investigator or is the Executive Director or Associate Executive Director for the Board of State Examiners of Plumbers and Gas Fitters and employed by the Commonwealth of Massachusetts Division of Professional Licensure (DPL);
4. The licensee was issued their license for the first time during the current renewal cycle. However, this exemption shall not relieve a journeyman plumber or gas fitter from the continuing education requirement during a renewal cycle in which they obtain a master's license;
5. Up until May 1, 2022, a Licensee who has appropriately petitioned the Board will be eligible for an exemption from the continuing education requirement starting the first full renewal cycle after the Licensee has attained 65 years of age. The Licensee shall still be responsible for completing continuing education, in the renewal cycle in which they turn 65 years old. Exemptions based on age shall expire on May 1, 2022, thereafter, all Licensees must complete continuing education, unless they qualify for some other exemption;
6. The Licensee is a member of the military on active duty and has met the requirements of M.G.L. c. 112, §1B. However, upon leaving active duty, as a condition of future licensure, the licensee must complete the continuing education hours for the current renewal cycle within 90 days of the date the licensee left active duty; or
7. The Licensee has been granted an inactive license.
a. A licensee who does not desire to engage in the profession of plumbing and gas fitting, but wishes to retain a license may apply for an inactive license by applying for said license with the Board. This inactive license must be renewed every two years, but does not require completion of continuing education. While holding an inactive license, licensees shall no longer be eligible to engage in the profession of plumbing and gas fitting in the Commonwealth. Engaging in the profession of plumbing and gas fitting while holding an inactive license shall constitute unlicensed practice under M.G.L. c. 112, § 65(b). Exception: The holder of an inactive license may, pursuant to a valid permit, perform plumbing and gas fitting in their owner occupied single family house.
b. An individual holding an inactive license who wishes to practice plumbing and gas fitting must reinstate their active license under the same provisions applicable to reinstating an expired license.
(b)Waivers for Other Good Cause.
1. The Board or Board authorized designee may consider the granting of a waiver of the mandatory continuing education requirements for other good cause shown. The waiver request shall be in writing and shall be accompanied by other supporting documentation that the licensee desires the Board to consider before ruling on the waiver request.
2.Illness or Disability of the Licensee or Immediate Family Member. A request for a waiver based on illness, disability, or other medically-related condition shall be in writing and accompanied by a letter addressed to the Board written and signed by a licensed medical physician stating the nature of the licensee's or the immediate family member's medical condition and the correlation between that condition and circumstance and the licensee's inability to complete the required continuing education within the required period.
3. Unless the Board finds good cause for failing to do so, all requests for waiver of continuing education must be submitted prior to the expiration of the renewal cycle in which said education must be complete.
4. With the exception of individuals suffering a permanent disability, waivers granted in 248 CMR 11.04(3)(b)2. shall be deemed to be waivers of deadlines only, not of the requirement to ultimately complete continuing education. All waivers granted by the Board shall indicate when continuing education must be completed.
(4)Failure by a Licensee to Complete (MCE) Mandatory Continuing Education Requirement.
(a) Any licensee who does not complete the required clock hours of continuing education within the license renewal cycle shall be responsible for completing makeup classes covering the Board approved material for the continuing education missed.
(b) In addition to any makeup classes, all licensees who fail to complete continuing education requirements for any renewal cycle shall be subject to Board review and disciplinary action that may include, but not be limited to the issuance of fines, denial of a request for renewal, re-examination, suspension or revocation of existing licenses, and denial of applications for additional licenses. The Board is under no obligation to warn a licensee of non-compliance with continuing education requirements prior to commencing disciplinary action, however, said action shall be subject to any hearings required by law.
(5)Reinstatement of Lapsed/Expired/Suspended Licenses.
(a) Licensees who have failed to renew their licenses must fill out any applications required by the Board and must pay any back or late fees prior to board consideration.
(b) Licensees whose licenses have lapsed/expired must meet the following additional requirements for reinstating their licenses:
1. If expired for six years or less, licensees must complete all continuing education hours prior to applying to reinstate their license.
2. If expired for more than six years, licensees must complete the continuing education hours for the current renewal cycle and pass the full Board examination for their highest level license prior to being reinstated.
3. Without special Board approval, no waivers of continuing education granted under any other section of 248 CMR 11.00 shall apply for purposes of reinstating a lapsed or expired license.
(c) Unless a decision or consent agreement explicitly states otherwise, licensees who are suspended are subject to the same provisions as licensees who are expired and must complete any continuing education or examination requirements in order to qualify for reinstating their licenses. The Board may also remove a licensee's eligibility for waivers or exemptions of continuing education requirements as part of sanctions related to a disciplinary action.
(d)248 CMR 11.04(5) shall not be deemed to sanction unlicensed practice. An individual practicing with an expired or suspended license may face disciplinary action up to and including revocation of the right to renew that license.
(6)Initial Certificate and Documentation of Completion of (MCE) Mandatory Continuing Education Requirements.
(a) Upon the successful completion of the clock hours of continuing education each licensee shall receive from his or her board approved continuing education provider a certificate of completion.
(b) Each licensee shall retain such documentation for three renewal cycles and shall furnish it to the Board for verification of completion of the mandatory continuing education requirements if so requested. Failure to provide proof of required documentation may result in non-renewal of a license or other disciplinary action by the Board.
(7)Duplicate (MCE) Mandatory Continuing Education Certificate.
(a) Any licensee whose certificate of completion has been lost or destroyed shall obtain a duplicate certificate from the original provider by forwarding a written request including the reason(s) for the duplicate and any fee required by the Provider.
(b) It shall be the responsibility of the licensee to make available all certificates to the Board if requested by the Board.
(8)Falsification of Information or Fraudulent Transfer of Mandatory Continuing Education Certificates of Completion. The falsification of any Mandatory Continuing Education or the transfer of a certificate of completion of continuing education to any individual in order to meet Mandatory Continuing Education license renewal requirements shall be grounds for the initiation of formal disciplinary proceedings against the licensees found to have engaged in such misconduct, up to and including suspension or revocation of any license(s) issued by the Board.

248 CMR, § 11.04

Amended by Mass Register Issue 1331, eff. 1/27/2017.
Amended by Mass Register Issue 1442, eff. 4/30/2021.