1. (1) Definitions. As used in 309 CMR 3.09, the following terms shall have the following meanings unless the context clearly indicates otherwise:

Approved Conference Workshop means a Board-approved workshop, short course, or similar training session that occurs at a conference approved by the Board.

Assessment of Learning means a diagnostic tool that measures whether an attendee met set learning goals.

Continuing Education means Board-approved courses of learning that are reasonably likely to either maintain or enhance the licensee's ability to competently perform, supervise and/or coordinate the scientific and/or technical components of response actions (i.e., assessments, containments, and/or removals) in Massachusetts or to competently perform, supervise, and/or coordinate such response actions in Massachusetts in compliance with applicable regulatory requirements. OSHA-required health and safety training courses shall not be considered acceptable for the purposes of meeting the continuing education requirements.

Continuing Education Credit and Credit each mean:

1. (a) For Board-approved courses which are offered as part of a university or college curriculum, the units of continuing education that, pursuant to 309 CMR 3.09(8), are granted by the Board for each approved course completed by a licensee; and
2. (b) For all other Board-approved courses, including Internet courses, the units of continuing education that are granted by the Board, generally on the basis of one credit for each hour of approved course instruction actually attended by a licensee.
3. (c) For Board-approved conferences and conference workshops, the units of continuing education that, pursuant to 309 CMR 3.09(9), are earned by licensees by attending approved conferences and conference workshops.

Courses Offered as Part of a University or College Curriculum mean courses offered by an institution accredited to issue associates, bachelors and/or graduate degrees, provided that the course:

1. (a) meets on a regular weekly schedule on a semester or quarterly basis, and
2. (b) the course may be taken for a grade.

DEP Course means a continuing education course that meets the requirements of 309 CMR 3.09, is taught in whole or in substantial part by Department of Environmental Protection personnel, and for which the Department has demonstrated, to the Board's satisfaction, that the course subject matter is directly focused on regulatory and/or technical topics that are reasonably likely to maintain or enhance the ability of LSPs to perform, supervise and/or coordinate response actions (i.e., assessments, containments and/or removals) in Massachusetts in compliance with applicable regulatory requirements. To be designated as a “DEP Course,” a course must be taught in whole or in substantial part by Department personnel, must be proposed as a “DEP Course” by the Department, and must be approved as a “DEP Course” by the Board. The Board, in its discretion, may also classify as a “DEP Course” a course taught in whole or in substantial part by Board personnel.

Licensee(s) and LSP(s) each mean individuals holding an LSP license that is in full force and effect.

Live Webinar means a course or conference workshop offered on the internet in real time that includes live instruction, transmitted in person or otherwise, during which an attendee may communicate and interact with the instructor and other attendees.

On-demand Course means a prerecorded course or conference workshop offered on the internet that does not include live instruction, transmitted in person or otherwise, during which the attendee may communicate or interact with the instructor or other attendees.

1. (2) Basic Requirements.

   1. (a) Every three years following issuance of a license, each LSP shall demonstrate to the Board's satisfaction that the LSP has earned a minimum of 36 continuing education credits. These credits can be earned only by attending Board-approved courses, conferences, or conference workshops. Subject to the attendance and other requirements set forth in 309 CMR 3.09, continuing education credits are considered to be earned at the completion of each Board-approved course or at the end of each Board-approved conference or conference workshop.
   2. (b) An LSP may apply up to six continuing education credits earned during the last six months of a license renewal period toward their next license renewal, provided those credits were not applied toward the previous renewal.
   3. (c) Applicants who have been approved to take the examination may take Board-approved courses and utilize up to 12 credits earned up to six months prior to passing the LSP examination at their first license renewal.
   4. (d) LSPs who renew their licenses pursuant to 309 CMR 3.06(4)(a) after their licenses have lapsed may utilize at their next license renewal up to 12 credits earned during their lapse period so long as the credits were not used for the renewal that ended the lapse period.
   5. (e) LSPs who have qualified for a 90-day extension pursuant to 309 CMR 3.06(5) may apply credits earned during their 90-day extension period to their next license renewal so long as those credits were not used toward the renewal period for which they received the 90-day extension.
   6. (f) Consistent with 309 CMR 3.06(5)(e), credits from any course may not be split between an earlier and later license renewal.
   7. (g) All continuing education credits submitted by an LSP in fulfillment of the requirements of 309 CMR 3.09(2)(a) shall be earned by attending Board-approved courses, conferences, or conference workshops that are reasonably likely to maintain or enhance that LSP's ability to render competent professional services.
   8. (h) An LSP may not repeat a course or conference workshop for credit during the same three-year license renewal period or during the following three-year license renewal period.

2. (3) Credit Minimums.

   1. (a) The 36 continuing education credits earned every three years, as required in 309 CMR 3.09(2)(a), shall include not fewer than nine credits from a Board-approved DEP Course or Courses. The balance of the 36 required credits may be earned by attending any Board-approved course, conference, or conference workshop. No credits may be applied more than once toward the overall 36-credit requirement.

   2. (b) The continuing education requirements set forth in 309 CMR 3.09(3)(a) are summarized for convenience in the following table.

      Minimum Number of Credits Required

      Total Credits 36

      DEP Course(s) 9

      Non-DEP Courses no minimum requirement

3. (4) Board-required Courses. The Board may from time to time require all LSPs to take a specific course. The Board will allow such a course to be counted toward the requirements of 309 CMR 3.09(2) and (3).

4. (5) General Course Requirements. To be considered by the Board for approval as a continuing education course, the licensee or course provider must demonstrate that:

   1. (a) attendance will be adequately documented and attendance records will be maintained for a minimum of five years;
   2. (b) for courses not offered as part of a university or college curriculum, at least one contiguous hour of instruction time will be provided;
   3. (c) for on-demand courses, the course provider will conduct an assessment of learning, will provide certification that the attendee successfully completed the assessment by achieving a score of at least 70% and will allow the attendee to retake the assessment until the attendee achieves a score of at least 70%;
   4. (d) for live webinars, the course provider will include polling questions at periodic intervals appropriate to the length of the course, with a minimum of two questions for a one-hour course and at least one additional question per hour for classes longer than one hour in length, and will provide certification that the attendee has completed the polling questions that were presented while the attendee was in attendance;
   5. (e) for on-demand courses, documentation that the attendee successfully completed the assessment of learning will be maintained for a minimum of five years;
   6. (f) for live webinars, documentation that the attendee completed the polling questions, will be maintained for a minimum of five years;
   7. (g) the course will be taught by competent instructors knowledgeable in the subject matter to be presented; and
   8. (h) a written outline or syllabus will be followed.

5. (6) Requests for Approval of Continuing Education Courses.

   1. (a) Either an LSP or the provider of a potentially qualifying course may seek Board approval for the course. The Board shall attempt to act upon a complete request within two months of receipt; however, the Board's failure to act within two months shall not constitute approval of the course. Requests for retroactive approval of continuing education courses (i.e., courses already commenced or completed by the time the Board meets to review the requests for their approval) are disfavored but may be approved, at the Board's discretion, if the provider has adequately documented and maintained a record of attendance and the other requirements for course approval are met.

   2. (b) A complete request for approval of a continuing education course must include the following information:

      1. 1. the date(s), time(s) and location(s) of the course, and the number of hours of continuing education credits requested;
      2. 2. a written course outline or syllabus;
      3. 3. a written statement describing the course and establishing its relevance to oil or hazardous materials assessment, containment or removal activities at disposal sites in Massachusetts;
      4. 4. the credentials of the instructors;
      5. 5. a statement that the sponsoring organization will adequately document attendance and will maintain a record of attendance for a minimum of five years, and will follow the course outline or syllabus;
      6. 6. the different credit options (if any) attending LSPs will have for earning continuing education credits;
      7. 7. for all courses, including conference workshops, a statement that the sponsoring organization will, at the completion of the course, conduct, and retain for the Board's inspection for a period of a year, an evaluation of the course and the course instructor(s) using, at a minimum, evaluations prepared confidentially by the course attendees and maintained in such a manner that the identity of each evaluator is not disclosed to the course instructor or provider;
      8. 8. for on-demand courses, a statement that the sponsoring organization will conduct an assessment of learning, will provide certification that the attendee has achieved a score of at least 70%, will allow the attendee to retake the assessment until the attendee has achieved a score of at least 70%, and will maintain a record of the attendee's score for a minimum of five years;
      9. 9. for live webinars, a statement that the sponsoring organization will include polling questions at periodic intervals appropriate to the length of the course, with a minimum of two questions for a one-hour course and at least one additional question per hour for classes longer than one hour in length, will provide certification that the attendee has completed the questions presented while the attendee was in attendance, and will maintain a record that the attendee completed the questions for a minimum of five years; and
      10. 10. any other information which the Board requests of the licensee or course provider to demonstrate compliance with 309 CMR 3.09.
   3. (c) Once a course has been approved by the Board, if there are any substantive changes in the course outline or syllabus, or a change of instructor(s), the course will require separate, additional Board approval before LSPs can be given continuing education credit for taking the revised course.
   4. (d) In submitting a course for Board approval as continuing education, the licensee or course provider may suggest a division of the course into DEP Course and non-DEP Course components. Based on the information submitted, the Board may determine, in its discretion, whether to approve an allocation of continuing education credits based on the suggested division or decide upon a more appropriate allocation of credits.
   5. (e) In selecting Board-approved courses for continuing education credit, each licensee must also consider the criterion of 309 CMR 3.09(2)(g) as it applies to that individual licensee. While the Board will not routinely investigate whether an otherwise approved course meets the requirements of 309 CMR 3.09(2)(g) for a given individual, the Board reserves the right to do so. If the Board finds that this criterion has not been met, the Board may, without waiving any other remedy available to it, deny a licensee all or a portion of the credit sought and may take any other appropriate action including, but not limited to, requiring the licensee to obtain additional continuing education credits in the subsequent license period.

6. (7) Attendance Requirements. For continuing education credit to be granted for attendance at Board-approved courses, the following attendance requirements must be met. These requirements are also summarized for convenience in the table in 309 CMR 3.00: Appendix B.

   1. (a) To receive continuing education credit for attendance at an approved course, other than an on-demand course, that is more than four hours in length, the licensee must attend a minimum of 75% of the course; however, in no event may attendance be less than four hours. In the event that an LSP attends at least 75% but less than 100% of a course that is more than four hours in length, the LSP will receive credit on a pro rata basis.
   2. (b) To receive continuing education credit for attendance at an approved course that is one to four hours in length, the licensee must attend 100% of the course to receive any credit.
   3. (c) To receive continuing education credit for attendance at a live webinar, in addition to meeting the requirements in 309 CMR 3.09(7)(a) or (b), the licensee must complete the polling questions presented during the portion of the course they attend;
   4. (d) To receive continuing education credit for attendance at an on-demand course of any length, the licensee must attend 100% of the course and achieve a score of at least 70% on the assessment of learning presented during the course;
   5. (e) The attendance requirements for conference workshops are set forth below in 309 CMR 3.09(9)(d).
   6. (f) Course instructors who are licensees may receive continuing education credit for a course once if they either teach the entire course or teach part of the course and attend, subject to the attendance requirements noted above, the remainder of the course.
7. (8) Maximum Credit for University or College Courses. Courses offered as part of a university or college curriculum may be approved by the Board for credit equivalent to 70% of the total number of hours of classroom instruction if the course is taken for a grade and the licensee passes, or 50% of the total number of hours of classroom instruction if the course is not taken for a grade by the licensee. If an LSP takes the course for a score or grade, the LSP must pass the course in order to receive continuing education credit. In determining whether the LSP has passed the course, the score or grade assigned by the course provider will ordinarily govern. Those LSPs who are taking an approved university or college course for a grade are not subject to the attendance requirements in 309 CMR 3.09(7).

8. (9) Conferences.

   1. (a) LSPs may obtain credit on a one-for-two basis (i.e., one credit for every two hours of attendance) for attending Board-approved conferences, and they may obtain credit on a one- for-one basis (i.e., one credit for each hour of attendance) for attending approved conference workshops, subject to the requirements set forth below.

   2. (b) Prior to the conference, the sponsor must submit a request for approval to the Board enclosing the following:

      1. 1. a full description of the conference, including a description and schedule for each of its sessions, workshops, short courses, and similar training sessions;
      2. 2. the date, time, and location of the conference;
      3. 3. a statement that the sponsor will comply with all the requirements in 309 CMR 3.09(9)(c) and 3.09(9)(e); and
      4. 4. if the provider is seeking one-for-one credit for any workshops, short courses, or similar sessions, all the information required in 309 CMR 3.09(6) must be submitted for each such session. To be approved as an approved conference workshop, a workshop, short course, or similar training session must be at least one hour in length.

   3. (c) A sponsor must comply with the following verification requirements when conducting an approved conference:

      1. 1. maintain a sign-in/sign-out log for each LSP to sign in and out each time the LSP arrives at or leaves the conference premises;
      2. 2. maintain a separate sign-in/sign-out log for each approved conference workshop; and
      3. 3. check each LSP’s photo I.D. and also enter the time of day next to the LSP's signature in the log on each occasion when an LSP signs a sign-in/sign-out log.

   4. (d) The attendance requirements for obtaining one-for-one credit at approved conference workshops are as follows:

      1. 1. For approved conference workshops, other than on-demand conference workshops, that are more than four hours in length, the LSP must attend at least 75% of the session; however, in no event may the attendance be less than four hours.
      2. 2. For approved conference workshops, other than on-demand conference workshops, that are at least one but no more than four hours in length, the LSP must attend 100% of the session.
      3. 3. For approved conference workshops offered as live webinars, the LSP must complete all polling questions presented during the portion of the session they attend.
      4. 4. An LSP who attends an approved conference workshop, other than an on-demand conference workshop, but does not meet the foregoing attendance requirements shall obtain credit on a one-for-two basis based on the time attended.
      5. 5. For on-demand conference workshops of any length, the LSP must attend 100% of the session and achieve a score of at least 70% on the assessment of learning presented during the session.
      6. 6. Instructors for approved conference workshops who are LSPs may receive one- for-one credit for the session once if they either teach the entire session or teach part of the session and attend, subject to the attendance requirements noted above, the remainder of the session.
      7. 7. These attendance requirements are also summarized for convenience in the table in 309 CMR 3.00: Appendix B.

   5. (e) After an approved conference has concluded, a sponsor must comply with the following requirements for calculating and awarding continuing education credits to those LSPs who were in attendance:

      1. 1. Tally up separately the total number of hours each LSP attended:

         1. a. approved conference workshops for which the LSP met the attendance requirements; and
         2. b. the remainder of the conference, not counting time spent in approved conference workshops for which the LSP met the attendance requirements. In calculating these hours, the sponsor shall count only those hours between the time the LSP signed in and the time the LSP signed out. An LSP must sign both in and out to receive attendance hours.
      2. 2. After tallying the hours, award each LSP who has attended the conference an LSP Board Continuing Education Certificate showing how many credits the LSP has earned, based on the rules for calculating credits set forth above.
9. (10) Internet Courses. Notwithstanding the specific requirements set forth in 309 CMR 3.09(1) through (9), the Board may, as it sees fit and on a course-by-course basis, impose special requirements and/or conditions on Internet courses (including live webinars and on-demand courses), course providers and/or LSPs taking said courses.

10. (11) The Board may conduct an audit or request information from any course provider or sponsoring organization to ensure that the course provider or sponsoring organization is meeting the standards set forth in 309 CMR 3.00. Such provider or sponsoring organization shall fully cooperate with the Board in accommodating such audit or providing such information in a timely manner. A determination by the Board that a course provider or sponsoring organization is not meeting the standards set forth in 309 CMR 3.00 may result in the Board not approving existing and future courses offered by that course provider or sponsoring organization.

    APPENDIX A

    STANDARD TRACK DEGREES

Degrees meeting the Standard Track curriculum requirement (309 CMR 3.02(1)(a)) include a bachelor's or advanced degree from an accredited college or university with a major or concentration in the following fields: Biochemistry Biology (including toxicology, microbiology, ecology, botany, zoology) Chemical Engineering Chemistry Civil Engineering Earth Science Environmental Engineering Environmental Sciences Epidemiology Forestry Geology Geotechnical Engineering Hazardous Waste Management Hydrogeology Hydrology Industrial Hygiene Medicine Physical Geography Public Health (if technical in nature) Risk Assessment Soil Science Water Resources Wetland Science

If the applicant's degree is not in a field listed above, the Board shall consider whether sufficient course work has been completed in one or more of the fields listed above. The applicant has the burden of proof; the Board shall base its decision in part on official transcripts.

APPENDIX B

MINIMUM LENGTH AND MINIMUM ATTENDANCE REQUIREMENTS

FOR APPROVED COURSES

Pursuant to 309 CMR 3.09, the Board may approve four different types of courses for continuing education credit for LSPs: DEP Courses, other courses, conference workshops, and college/university courses.

To be approved by the Board for continuing education credit for LSPs, 309 CMR 3.09 requires that each of these courses must meet a certain minimum length requirement. Courses that do not meet the applicable minimum length requirement cannot be approved for any LSP continuing education credit. In addition, an LSP must satisfy specific minimum attendance requirements for each type of course in order to obtain any continuing education credit for that course.

Minimum course length and LSP attendance requirements are summarized in 309 CMR Appendix B: TABLE A. 309 CMR Appendix B: TABLE A is for convenience only; in the event of a discrepancy between the table and the provisions of 309 CMR 3.00, the language will govern.

TABLE A.

Type of Course Minimum Course Length Minimum Attendance Requirements

! For one to four-hour course: 100%

DEP Course One hour ! For course longer than four hours: four

hours or 75% of the course, whichever is greater [If attendance requirement is not met, LSP receives no credit.] ! For one to four-hour workshop: 100%

Approved Conference One hour ! For workshop longer than four hours: four Workshop other than On- hours or 75% of the workshop, whichever is Demand Course greater

[If attendance requirement is not met, LSP receives 1:2 credit.]

College/Univ. Course Meets at least weekly for one ! If taken for grade: None

quarter/term/semester ! If not taken for grade: 75%

On-Demand Course One hour 100% [If attendance requirement is not met,

LSP receives no credit.]

If an LSP attends for the minimum portion required but less than 100% of a course, other than an on-demand course, the LSP will receive continuing education credit on a pro rata basis. For example, if the LSP Board has approved an eight-hour DEP Course for eight "DEP Course" credits, an LSP who attends 7½ hours of the course will receive 7.5 credits. In addition, in order to obtain any credit for an on-demand course, an LSP must also pass the assessment of learning offered during the course with a score of at least 70%, and, in order to obtain any credit for a live webinar, an LSP must complete the polling questions presented during the portion of the course the LSP attends.

REGULATORY AUTHORITY

309 CMR 3.00: M.G.L. c. 21A, §§ 16 and 19 through 19J.