DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
PODIATRIC MEDICINE AND SURGERY – GENERAL RULES
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, 16174, 16178, 16182, 16186, 16204, 16205, 16287, 18031, and 18033 of the public health code, 1978 PA 368, MCL 333.16145, 333.16148, 333.16174, 333.16178, 333.16182, 333.16186, 333.16204, 333.16205, 333.16287, 333.18031, and 333.18033, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 338.8102, R 338.8103, R 338.8104, R 338.8107, R 338.8109, R 338.8110, R 338.8113, R 338.8126, and R 338.8127 of the Michigan Administrative Code are amended, as follows:
PART 2. LICENSURE
R 338.8102 Training standards for identifying victims of human trafficking;
requirements.
Rule 102. (1) Pursuant to sections 16148 and 17060 of the code, MCL 333.16148
and 333.17060, an individual seeking licensure or that is licensed shall complete
have
completed training
in identifying victims of human trafficking that meets the following standards:
(a) Training content that covers all of the following:
(i) Understanding the types and venues of human trafficking in Michigan or the United States.
(ii) Identifying victims of human trafficking in health care settings.
(iii) Identifying the warning signs of human trafficking in health care settings for adults and minors.
(iv) Identifying resources for reporting the suspected victims of human trafficking.
(b) Acceptable providers or methods of training include any of the following:
(i) Training offered by a nationally-recognized or state-recognized health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an educational program that has been approved by the board for initial licensure, or by a college or university.
(iv) Reading an article related to the identification of victims of human
trafficking that meets the requirements of subdivision (a) of this subrule and
is published in a peer review peer-reviewed journal, health care
journal, or professional or scientific journal.
(c) Acceptable modalities of training include any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The department may select and audit a sample of individuals and request documentation of proof of completion of training. If audited by the department, an individual shall provide an acceptable proof of completion of training, including either of the following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.
(b) A self-certification statement by an the individual. The
certification statement must include the individual’s name and either 1 of the following:
(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.
(ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the
title of the
article,
author, publication name of the peer review peer-reviewed journal, health
care journal, or professional or scientific journal, and the date, volume, and
issue of publication, as applicable.
(3) Pursuant to section 16148 of the code, MCL 333.16148, the requirements
specified in subrule (1) of this rule apply for license
renewals beginning with the 2017 renewal cycle and for initial licensure beginning
January 6, 2022.
R 338.8103 Licensure by examination; requirements.
Rule 103. An applicant for licensure by examination shall submit a completed
application, on a form provided by the department, together with the requisite
fee. In addition to meeting the requirements of the code and the administrative
rules promulgated pursuant to under the code, an applicant shall
satisfy all of the following requirements:
(a)
Have graduated from successfully completed the program of study offered by
a
school of podiatric medicine approved by the board in R 338.8113.
(b) Have achieved a passing score on the required parts of the American Podiatric Medical Licensing Examination (APMLE) sponsored by the National Board of Podiatric Medical Examiners (NBPME), or its successor, as required by R 338.8104(4).
(c) Have achieved a converted score of not less than 75 on the podiatric
jurisprudence examination administered by the department or an entity approved
by the department.
(i) The jurisprudence examination shall that assess assesses an applicant’s
knowledge of the laws and administrative rules governing the practice of
podiatric medicine and surgery in this state. (ii) An applicant who
fails to achieve a passing score on the jurisprudence examination may repeat
the examination without limitation.
(d) Have satisfactorily completed not less than 3 a minimum of 2 years of a
postgraduate residency training program approved
by the board pursuant to under R 338.8113. Certification of the completion of the minimum of 2
years of postgraduate
training must not
be
submitted to the department not more than 15 days before the scheduled completion of the training.
R
338.8104 Examinations; Examination approval and adoption; required
components;
passing score.
Rule 104. (1) The board approves and adopts the APMLE sponsored by the NBPME or its successor.
(2)
An applicant applying for licensure who graduated in 2014 or earlier, or who
graduated in 2016, must shall have achieved a passing score on all
of the following components parts of the APMLE:
(a) Part I.
(b) Part II written portion only.
(c) Part III.
(3) An applicant applying for licensure who graduated in 2015 or later, excluding
2016, must have achieved a passing score on all of the following components of
the APMLE:
(a) Part I.
(b) Part II.
(c) Part II Clinical Skills Patient Encounter (CSPE).
(d) Part III.
(4)(3) The accepted passing
score for each component part of the APMLE for licensure is the
passing score established by the NBPME or its successor.
R 338.8107 Licensure by endorsement; requirements.
Rule 107. (1) An applicant for licensure by endorsement shall hold a current license in good standing from another state or province of Canada and meet the requirements of the code and the rules promulgated under the code.
(2) An applicant shall submit a completed application, on a form provided by the department, together with the requisite fee.
(3) An applicant for licensure by endorsement shall achieve a converted score of not less than 75 on the podiatric jurisprudence examination administered by the department or an entity approved by the department.
(4) If an applicant was first licensed in another state and has been actively
engaged in the practice of podiatric medicine for a minimum of 2 5 years before the
date of filing an application for Michigan podiatric medical licensure, it is
presumed that the applicant meets the requirements of section 16186(1)(a) and
(b) of the code, MCL 333.16186.
(5) If an applicant was first licensed in another state and has been actively
engaged in the practice of podiatric medicine for less than 2 5 years before the
date of filing an application for Michigan podiatric medical licensure, the applicant
shall satisfy all of the following requirements:
(a) Have graduated from a school of podiatric medicine approved by the board pursuant
to under
R
338.8113.
(b) Have satisfactorily completed not less than 3 a minimum of 2 years of a postgraduate
residency training
program approved
by the board pursuant to under R 338.8113.
(c) Have achieved a passing score on each part the following
parts of
the APMLE as required by approved under R 338.8104.
(i) Part I.
(ii) Part II written portion only.
(iii) Part III.
(6) If an applicant is licensed in a province of Canada, the applicant shall satisfy both of the following:
(a) Provide proof verifying that the applicant completed the educational requirements in Canada or in the United States for licensure as a doctor of podiatric medicine in Canada or in the United States.
(b) Have achieved a passing score on the following parts of the APMLE:
(i) Part II written portion only.
(ii) Part III.
(6)(7) An applicant for
licensure by endorsement shall applicant’s license in good standing shall
be verified by the licensing agency of any state of the United States in which
the applicant holds or ever held a license as a podiatrist. The verification
must include the record of any disciplinary action taken or pending against the
applicant. comply
with both of the following:
(a) Disclose each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form.
(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.
R 338.8109 Educational limited licenses; limited license renewal.
Rule
109. (1) An educational limited license authorizes the holder of the license
licensee
to
engage in the practice of podiatric medicine and surgery as part of a postgraduate
education program.
(2) An applicant for an educational limited license shall submit a completed
application, on a form provided by the department, together with the requisite
fee. In addition to meeting the requirements of the code and the administrative
rules promulgated pursuant to under the code, an applicant shall satisfy
all of the following requirements:
(a) Have graduated from successfully completed a program of study offered
by
from a school of podiatric medicine approved by the board pursuant to
under
R
338.8113.
(b) Have
achieved a passing score on the If the applicant graduated in 2014 or
earlier, or graduated in 2016, have achieved a passing score on all of the
following components parts of the APMLE approved by the
board under R 338.8104:
(i) Part I.
(ii) Part II written portion only.
(i) Part I.
(ii) Part II.
(d)(c) Have documentation
provided directly to the department verifying that the applicant has been
accepted into a postgraduate training program that satisfies R 338.8113(2).
(3) A limited license is renewable for not more than 5 years pursuant to
under
section
333.18012(2) of the code, MCL 333.18012.
R 338.8110 Requirements for relicensure after lapse.
Rule 110. (1) An applicant whose license has been lapsed may be relicensed under section 16201(3) or (4) of the code, as applicable, MCL 333.16201, if the applicant meets the requirements of the code and rules promulgated under the code and satisfies the following requirements as indicated by a (√) below:
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Lapsed 3 years or less. |
Lapsed more than 3 years. |
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(i) |
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√
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√
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(ii) |
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√
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√
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(iii) |
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√
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(iv) |
management pursuant to R 338.8127(1)(c). Not less than 2 of the 3 hours must include controlled substances prescribing.
The
applicant shall submit proof of having completed the required continuing education
within the 3-year period immediately preceding the date of the application
for relicensure. If the continuing education hours submitted with the application
are deficient, the applicant |
√
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√
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(v) |
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√ |
√
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(vi) |
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√ |
(vii) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√ |
√
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Lapsed 3 years or less. |
Lapsed more than 3 years. |
|
(i) |
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√
|
√
|
(ii) |
|
√ |
√
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(iii) |
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√
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(iv) |
management pursuant to R 338.8127(1)(c). Not less than 2 of the 3 hours must include controlled substances prescribing.
The
applicant shall submit proof of having completed the required continuing
education within the 3-year period immediately preceding the date of the application
for relicensure. If the continuing education hours submitted with the application
are deficient, the applicant |
√
|
√
|
(v) |
|
√
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√
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(vi) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√ |
√
|
(2) An applicant whose limited license has lapsed may be relicensed under section 16201(3) or (4) of the code, as applicable, MCL 333.16201, if the applicant meets the requirements of the code and rules promulgated under the code. Relicensure of a limited license is counted the same as a license renewal for purposes of determining the number of permissible renewals allowed under 333.18012(2) of the code, MCL 333.18012.
(3) If relicensure is granted and it is determined that a sanction has been imposed by another state, the United States military, the federal government, or another country, the disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.
PART 3. EDUCATIONAL AND RESIDENCY PROGRAMS
R 338.8113 Accreditation standards for approval of schools of podiatric medicine and
residency programs; institutions of higher education; adoption of standards by reference.
Rule 113. (1) The board approves and adopts by reference the standards for
accrediting colleges of podiatric medicine developed and adopted by the Council
on Podiatric Medical Education (CPME) of the American Podiatric Medical
Association (APMA) and entitled “Standards and
Requirements for Accrediting Colleges of Podiatric Medicine,” CPME 120, adopted
October 2019 October
2021,
implementation date July 1, 2020 October 15, 2021. A copy of the
standards and requirements is available at no cost from the council’s website at
www.cpme.org.
A copy of the standards and requirements also is available for inspection and distribution
at a cost of 10 cents per page from the Board of Podiatric Medicine and
Surgery, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa,
Lansing, Michigan 48909. The board considers any school of podiatric medicine
accredited by the CPME of the APMA as a school of podiatric medicine approved
by the board.
(2) The board approves and adopts by reference the standards for approval of residency
programs developed and adopted by the CPME of the APMA entitled “Standards and
Requirements for Approval of Podiatric Medicine and Surgery Residencies,” CPME
320, July 2015 2018. A copy of the standards
and requirements is available at no cost from the council’s website at www.cpme.org.
A copy of the standards and requirements also is available for inspection and
distribution at a cost of 10 cents per page from the Board of Podiatric
Medicine and Surgery, Michigan Department of Licensing and Regulatory Affairs,
611 West Ottawa, Lansing, Michigan 48909. The board considers any residency
program approved by the CPME of the APMA as a school of podiatric medicine
approved by the board.
(3) A higher education institution is considered approved by the board if it is
accredited by the accrediting body of the region in which the institution is
located and the accrediting body meets either the recognition standards and
criteria of the Council for Higher Education Accreditation (CHEA) or the recognition
procedures and criteria of the United States Department of Education. The board
adopts by reference the procedures and criteria for recognizing accrediting
organizations of the CHEA, effective June 28, 2010 approved September
24, 2018,
and the procedures and criteria for recognizing accrediting agencies of the United
States Department of Education, effective July 1, 2010 revised July 1,
2020,
as contained in 34 CFR Part 602. Copies of the standards and criteria of the CHEA
and the United States Department of Education are available for inspection and
distribution at a cost of 10 cents per page from the Board of Podiatric
Medicine and Surgery, Bureau of Professional Licensing, Department of Licensing
and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing, Michigan 48909.
The CHEA recognition standards also may be obtained at no cost from the
council’s website at http://www.chea.org.
The federal recognition criteria also may be obtained at no cost from the
department’s website at http://www.ed.gov/about/offices/list/OPE/index.html CFR-2020-title34-vol3.pdf
(govinfo.gov).
PART 4. CONTINUING EDUCATION
R
338.8126 License renewal.
Rule 126. (1) An applicant for license renewal shall satisfy the
requirements of R 338.7001 to R 338.7005 and shall accumulate not less than
150 hours of continuing podiatric medical education in activities approved by
the board in under
R
338.8127 during the 3 years immediately preceding his or her application for
renewal.
(2) Submission of an application for renewal constitutes the applicant’s
certification of compliance with the requirements of this rule. The board may
require a licensee to submit evidence to demonstrate compliance with this rule.
A licensee shall retain documentation of meeting the requirements of this rule
for a period of 4 years from after the date of applying for license
renewal. Failure to comply with this rule is a violation of section 16221(h) of
the code, MCL 333.16221(h).
(3) A request for a waiver under section 16205 of the code, MCL 333.16205, must be received by the department before the expiration date of the license.
(4) The department may select and audit a sample of licensees who have renewed
their licenses and request proof of compliance with subrule (2) of this rule.
If audited, the licensee shall submit documentation as specified in under R 338.8127.
R 338.8127 Acceptable continuing education; requirements; limitations.
Rule 127. (1) The 150 hours of continuing education required pursuant to
under
R
338.8126(1) for the renewal of a license shall comply with the following, as
applicable:
(a) Not more than 12 credit hours must be earned during one 24-hour period.
(b) A licensee may not earn credit for a continuing education program or activity that is identical or substantially identical to a program or activity the licensee has already earned credit for during that renewal period.
(c) An applicant for license renewal shall have earned not less than 3
continuing podiatric medical education hours approved by the CPME
or the American Medical Association (AMA) in pain and symptom management in
each renewal period, pursuant to sections
16204(2) and 18033(2) of the code, MCL 333.16204 and 333.18033. Not less than 2 of
the 3 hours must include controlled substances prescribing. Courses in pain
and symptom management may include, but are not limited to, any of the following
as they relate to professional practice:
(i) Courses in behavior management.
(ii) Pharmacology.
(iii) Behavior modification.
(iv) Stress management.
(v) Clinical applications.
(vi) Drug interventions.
(vii) Controlled substances prescribing.
(d) Beginning September 4, 2020, an An applicant for license
renewal shall have earned at least 1 continuing podiatric medical education
hour approved
by the CPME or the AMA in medical ethics.
(e) Beginning September 4, 2020, an applicant for license renewal shall have
earned not less than 2 continuing podiatric medical education hours in controlled
substances prescribing. This is in addition to the continuing education required
by subdivision (c) of this subrule.
(2)
The board shall consider considers the following as
acceptable continuing education:
Activity Code |
|
Acceptable Continuing Education Activities and Proof of Completion |
Number
of Continuing Education Hours Granted/ |
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|
Attendance
at or participation in a continuing education program or activity related to
the practice of podiatry, or any non-clinical subject relevant to practice,
education, administration, management, or science, including, but not limited
to, live and in-person programs
If
audited, |
The number of continuing education hours earned for a specific program or activity is the number of hours approved by the sponsor or the approving organization.
A
minimum of 75 hours must be earned in each renewal period, unless all 150
hours are earned in
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Attendance
at or participation in a continuing education program or activity related to
the practice of podiatry, or any non-clinical subject relevant to practice,
education, administration, management, or science, including, but not limited
to, live and in-person programs
· The Michigan board of podiatric medicine and surgery, pursuant to R 338.8128. · Another state or provincial board of podiatric medicine and surgery.
If
audited, |
The number of continuing education hours earned for a specific program or activity is the number of hours approved by the sponsor or the approving organization.
If the activity was not approved for a set number of hours, then 1 credit hour for each 50 to 60 minutes of participation may be earned.
A maximum of 75 hours may be earned for this category in each renewal period.
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Attendance
at or participation in a continuing education program or activity related to
the practice of podiatry, or any non-clinical subject relevant to practice, education,
administration, management, or science, including, but not limited to, live
and in-person programs
· The Accreditation Council for Continuing Medical Education.
· The American Osteopathic Association.
If
audited, |
The number of continuing education hours earned for a specific program or activity is the number of hours approved by the sponsor or the approving organization.
A maximum of 40 hours may be earned in this category in each renewal period.
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Obtaining specialty board certification from 1 of the following:
· American Board of Podiatric Medicine (ABPM). · American Board of Foot and Ankle Surgery (ABFAS). · American Board of Multiple Specialties in Podiatry (ABMSP). · American Board of Lower Extremity Surgery (ABLES). · American Board of Wound Management (ABWM).
If
audited, |
Fifty
hours of continuing education
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(e) |
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Successfully completing an activity that is required for maintenance of a specialty certification recognized by one of the following and has not been used to satisfy the requirements of subrule 2(d) of this rule:
· ABFAS. · ABPM, if the maintenance of the specialty certification included completion of the ABPM Competency Assessment.
If audited, the licensee shall provide proof from the specialty board that the activity was required for maintenance of certification, that the activity was successfully completed, and the date of completion. |
One hour of continuing education is earned for every 60 minutes spent on the activity. A maximum of 30 hours may be earned for this activity in each renewal period. |
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Serving as an instructor of podiatric medical students, house staff, other physicians, or allied health professionals in a hospital or institution that offers a postgraduate training program that is approved by the board pursuant to R 338.8113, if the hospital or institution has approved the instruction.
If
audited, |
Two
hours of continuing education
A maximum of 50 hours of continuing education may be earned in this category each renewal period.
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Serving as an instructor of podiatric students at an accredited podiatric medical institution under a rotating externship program recognized and approved by the medical institution in accordance with R 338.8113.
If
audited, |
Two
hours of continuing education
A maximum of 50 hours may be earned in this category in each renewal period.
|
|
|
Initial publication of an article related to the practice of podiatric medicine and surgery in a peer-reviewed journal.
If
audited, |
Twenty-five
hours of continuing education
A maximum of 75 hours may be earned in this category in each renewal period. |
|
|
Initial publication of a chapter related to the practice of podiatric medicine and surgery in either of the following:
· A professional or health care textbook. · A peer-reviewed textbook.
If
audited, |
Fifty
hours of continuing education
A maximum of 50 hours may be earned in this category in each renewal period. |
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|
Initial presentation of a scientific exhibit, a formal original scientific paper, or both, at a professional meeting.
If
audited, |
Two
hours of continuing education
A maximum of 30 hours may be earned in this category each renewal period. |
|
|
Independent study, which is the independent reading of peer-reviewed professional journals or medical textbooks.
If
audited, |
One
hour of continuing education is
A maximum of 30 hours may be earned in this category in each renewal period.
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Completion
of a multi-media program that requires a licensee to complete a
self-assessment component, including, but not limited to, videotapes, internet
web-based seminars, video conferences, on-line continuing education programs,
and journal articles. This does not include multi-media programs that satisfy
the requirements of activity codes
If
audited, |
One
hour of continuing education is
A maximum of 30 hours may be earned in this category each renewal period. |
|
|
Participation on a hospital staff committee dealing with quality patient care or utilization review, or both.
If
audited, |
One
hour of continuing education is
A maximum of 30 hours may be earned in this category each renewal period. |
|
|
Full-time enrollment in a postgraduate clinical training program related to the practice of podiatric medicine and surgery in a hospital or institution that is approved by the board pursuant to R 338.8113.
If
audited, |
A minimum of 5 months participation per year is required.
Fifty
hours of continuing education
A maximum of 150 hours may be earned in this category each renewal period. |