Section 11.05 - Qualifications and Requirements for Mandatory Continuing Education Providers and Instructors(1)Qualifications and Requirements for Mandatory Continuing Education Providers. (a) A Provider of Mandatory Continuing Education seminars or courses may include: 2. association-sponsored programs;3. labor training programs;4. employer training programs;(b) All Providers seeking Board approval to conduct programs for Mandatory Continuing Education shall meet the following requirements: 1. Complete and submit the Provider Application Form.2. Complete and submit the Provider Agreement Form which shall be accompanied by the appropriate application fee.3. Provide a detailed outline and lesson plan of each course of study offered, and the names and license numbers of all instructors annually.4. Proof of liability insurance satisfactory to the Board shall be provided annually.5. The applicant Provider shall provide a copy of an indemnification bond in such form and amount as shall be required by the Board annually.6. Providers may need to meet additional requirements, as specified by the Board, to offer online or correspondence courses.(c) The Board may withdraw without notice at any time its approval as issued to any Provider or issued for any program, course or instructor who, in the Board's opinion and in its sole discretion, no longer meets the requirements for approval established by the Board.(2)Instructor Qualifications to Conduct (MCE) Mandatory Continuing Education Courses. (a) Provider instructors shall be approved by the Board and must hold the requisite Board issued license, in good standing, before being authorized to serve as an instructor for any Mandatory Continuing Education course.(b) Each Provider shall notify the Board in writing of any change of instructors for any course within ten days of the change.(c) Instructors of plumbing courses must have a master plumber's license.(d) Instructors of gas fitting courses must have either a master plumber or master gas fitters license.(e) Instructors of undiluted liquefied petroleum gas courses must have a master plumber's license, a master gas fitters license, or a undiluted liquefied petroleum gas installers license accompanied by evidence of two years of work experience.(f) Subject to proper disclosure to the Division of Professional Licensure and to the Board, an agent or employee of the Division of Professional Licensure who would otherwise qualify as an instructor under 248 CMR 11.05(2) may serve, when not on duty, as an instructor for a continuing education course put on by a private or non-profit entity. Such an individual may only serve as such an instructor so long as they take no part in any Board function regarding policies, procedures, approvals, or other official actions which would create a conflict of interest pursuant to relevant public ethics laws.(g) The Board may approve other individuals who would not otherwise qualify as instructors of Mandatory Continuing Education courses where those individuals have a demonstrated competency in subject areas applicable to the plumbing and gas fitting industry which is substantially equivalent to that held by normally qualified Board approved instructors. Additionally, the Board may approve individuals who possess specialized knowledge relating to the subject being taught.(3)Mandatory Continuing Education Record Keeping Requirements. (a)Mandatory Continuing Education Records. All authorized Providers shall maintain for a period of no less than three license renewal cycles complete and accurate records for each licensee to whom the provider has issued a Certificate of Completion of Continuing Education. In addition, records of class attendance shall be submitted to the Board electronically at the completion of each renewal cycle or when the provider ceases to provide continuing education courses.(b)Mandatory Continuing Education Certificates of Completion. A Certificate of Completion of Mandatory Continuing Education Seminar Course record shall at minimum include all of the following information: 1. Three digit Provider number as issued by the Board.2. Instructor's name and license number.3. Instructor's actual or electronic signature signed under pains and penalties of perjury.4. Course date and location (city or town).5. Classroom clock hours of instruction and course subject matter.6. Attendee name, his or her license number and designation.(c) Providers shall possess and maintain electronic technology acceptable to the Board.(d) Each approved Provider shall, at its own expense and in a format approved by the Board, electronically transmit to the Board or its designee certification of each licensee's completion of the continuing education course within five working days of the completion date of the course. The certification shall contain the following data and information: 1. Names and license number(s) of all licensees attending the continuing education course.(e) The Board may charge course providers a fee to recover costs for software and for training Providers in the use of that software.(f) All records maintained by the provider shall be made available to the Board or its designee within ten days upon request.(g) Each provider shall be responsible for the security of any Board issued provider numbers and authorization certificates in accordance with 248 CMR 11.00.(h) Falsification of any information relating to Mandatory Continuing Education requirements by the Provider shall result in the revocation of any approval provided by the Board to any Provider engaging in such misconduct. In addition, the Board may initiate any other legal action it deems appropriate in the circumstances, including but not limited to criminal prosecution. Any licensee(s) participating in such misconduct shall be the subject of formal disciplinary proceedings, including but not limited to both administrative and criminal proceedings.(4) Providers shall offer continuing education courses in any of the following formats. (a) No more than six hours of classroom instruction may be presented in one day per instructor.(b) No less than three hours of classroom instruction presented in one day per instructor.(c) An online learning or written correspondence course approved by the Board.(d) Providers shall limit the number of students for any continuing education class to no more than 49.(e) Providers shall not advertise or promote the sale of specific goods and/or services during the course of any continuing education class.(f) If an application is refused or not approved, written notice explaining the basis for the decision shall be provided to the applicant by the Board or its designee.(5)Expiration and Denial of Board Approval. (a) A provider's approval to offer instruction in Continuing Education expires on the last day of each license renewal cycle.(b) The Board may withdraw without notice at any time its approval of any Provider instructor who fails to meet the educational criteria established in 248 CMR 11.00.(c) The Board may deny approval of an application from a provider for any of the following reasons: 1. failure to comply with the provisions of 248 CMR 11.05(4);2. inadequate or unprofessional coverage of the materials required to be included in the course materials; or3. unsatisfactory evaluations of the course materials by instructors, licensees, the Board or its designee.(6)Course Materials. The Board shall approve course materials to be used for Mandatory Continuing Education courses. Course materials are the printed materials that serve as the basis for the Mandatory Continuing Education courses provided to licensees. The following minimum criteria shall be used by the Board in considering approval of course materials: (a) The course materials shall provide the basis for a minimum of three classroom hours of instruction per course as approved by the Board.(b) Course materials shall not advertise or promote the sale of goods and/or services. Advertisements used in conjunction with course materials must be clearly identifiable as such and clearly labeled as advertising.(c) The Board may approve the development of uniform course materials which all providers would be required to use.(d) The provider of course materials must have legal ownership of, or the appropriate license for the use of all copyrighted material included within the course materials.(e) All Board approved course materials shall contain a prominently displayed approval statement containing the following language: "THIS CONTINUING EDUCATION COURSE MATERIAL HAS BEEN APPROVED BY THE MASSACHUSETTS STATE BOARD OF EXAMINERS OF PLUMBERS AND GASFITTERS. BY APPROVAL OF THIS COURSE MATERIAL, THE BOARD DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENTS. THIS COURSE MATERIAL IS NOT BEING PUBLISHED BY, NOR IS IT A PUBLICATION OF, THE BOARD."Amended by Mass Register Issue 1331, eff. 1/27/2017.