Proposed Text
18VAC5-22-90. Continuing professional education.
A. If during the current calendar year a person who
holds a Virginia license provided services to the public and has not
been granted an exemption by the board pursuant to subsection C of this section,
he shall have obtained at least 120 hours of continuing professional education
during the three-calendar-year period ending with the current calendar year.
For each of the calendar years in that period, he shall have obtained at least
20 hours of continuing professional education, including an ethics course of at
least two hours.
1. If the person also holds the license of another state and
Virginia is not the his principal place of business in which
he provides services to the public, the ethics course taken to comply with
this subsection either shall conform with the requirements prescribed by the
board or shall be an ethics course acceptable to the board of accountancy of
another state in which the person holds a license.
2. Otherwise, the ethics course shall conform with to
the requirements prescribed by the board.
B. If during the current calendar year a person who holds a
Virginia license provided services to or on behalf of an employer and did not
provide services to the public, he shall have obtained a minimum number of
hours of continuing professional education determined as follows:
1. If the current calendar year is 2009 or 2010, the person
shall have obtained at least 90 hours of continuing professional education
during the three-calendar-year period ending with the current calendar year.
For each of the calendar years in that period, he shall have obtained at least
15 hours of continuing professional education, including an ethics course of at
least two hours.
2. If the current calendar year is 2011 or later, the person
shall have obtained at least 120 hours of continuing professional education
during the three-calendar-year period ending with the current calendar year.
For each of the calendar years in that period, he shall have obtained at least
20 hours of continuing professional education, including an ethics course of at
least two hours.
The ethics course taken to comply with this subsection
either shall conform with the requirements prescribed by the board or shall be
an ethics course acceptable to the board of accountancy of another state in
which the person holds a license.
C. If during the current calendar year a person who
holds a Virginia license provided services to the public or to or on behalf of
an employer, has not been granted an exemption by the board pursuant to
subsection C of this section, and did not hold a Virginia license or the
license of another state during one or both of the two preceding calendar
years, he shall determine whether he has complied with the requirements of subsection
A or B of this section as follows:
1. If the person became licensed during the current calendar
year, he shall be considered to have met the requirements of the
subsection A of this section for the three-calendar-year period ending
with the current calendar year.
2. If the person became licensed during the preceding calendar
year, he shall be considered to have met the requirements of the subsection for
the three-calendar-year period ending with the current calendar year if during
the current calendar year he obtained at least the minimum number of hours of
continuing professional education required by the subsection A of
this section for the current calendar year, including an ethics course of
at least two hours.
3. If the person became licensed during the calendar year prior
to the preceding calendar year, he shall be considered to have met the
requirements of the subsection for the three-calendar-year period ending with
the current calendar year if during the current calendar year and the preceding
calendar year he obtained at least the minimum number of hours of continuing
professional education required by the subsection A of this section
for each of the years, including for each year an ethics course of at least two
hours.
D. C. If during the current calendar year a
person who holds a Virginia license did not provide services to the public or
to or on behalf of an employer and has demonstrated to the board that he
does not provide those services, he is not required to have obtained
continuing professional education during the three-calendar-year period ending
with the current calendar year. Any person who holds a Virginia license to
whom an exemption has been granted shall annually affirm and certify to the
board his continued eligibility for the exemption in that he does not provide
services to the public or to or on behalf of an employer. However, in order
to begin providing those services:
1. He is required to have obtained at least 120 hours of continuing professional education prior to providing the services, including an ethics course of at least two hours.
2. The ethics course shall conform with to the
requirements prescribed by the board for the calendar year in which the person
begins providing the services.
Continuing professional education obtained during the three calendar years prior to the current calendar year and from the start of the current calendar year to when he begins providing the services shall be considered in determining whether the person has complied with the requirements of this subsection.
E. D. If a person who has not held the license
of any state applies for a Virginia license after the end of the calendar year
in which he passes the CPA examination, he shall obtain continuing professional
education prior to applying for the license, including an ethics course of at
least two hours.
1. The required minimum number of hours of continuing professional education shall be 40, 80, or 120 depending on whether he applies for the Virginia license by the end of the first calendar year after the calendar year in which he passes the CPA examination, by the end of the second calendar year, or later.
2. The ethics course shall conform with to the
requirements prescribed by the board for the calendar year in which the person
applies for the license.
Continuing professional education obtained subsequent to passing the CPA examination but during the three calendar years prior to the calendar year in which the person applies for the license and from the start of that calendar year to when he applies for the license shall be considered in determining whether he has complied with this requirement.
F. E. Continuing professional education
acceptable to the board may be obtained through a variety of forums, provided
there is a means of demonstrating that the education was obtained. The
following forums are acceptable The acceptable forums are:
1. Attendance at Attending seminars and
educational conferences, provided that the instructors have appropriate
knowledge of the subject matter and use appropriate teaching materials and that
attendance is monitored in a manner that can be verified by the board;
2. Taking courses at an accredited institution for credit;
3. Self-study Completing self-study courses,
provided there is a method for determining that the person met the learning
objectives;
4. Making a presentation at a professional seminar, educational
conference, or in a classroom setting, provided the person has appropriate
knowledge of the subject matter and uses appropriate teaching materials; and
5. Writing material that is relevant to providing services to
or on behalf of an employer or to the public that is formally reviewed by an
independent party and that is published in a book, magazine, or similar
publication that is used by persons who provide services to the public or to
or on behalf of an employer; and
6. Passing examinations and obtaining certifications that have been approved by the board.
Whether other forums are acceptable shall be determined by the board on a case-by-case basis.
G. F. In determining whether a person has
obtained the required number of hours of continuing professional education:
1. Repeat presentations shall not be considered.
2. No more than 30 hours from preparing for and making presentations shall be considered during each three-calendar-year period.
3. One semester-hour of credit for courses at an accredited institution constitutes 15 hours of continuing professional education, and one quarter-hour of credit constitutes 10 hours of continuing professional education.
4. Credit for examination and certification shall be awarded for the calendar year in which the examination was passed and certification was received. If passage of the examination and certification occur in different calendar years, credit shall be awarded for the calendar year in which the examination was passed. The board shall determine how many hours are credited per certification.
5. No more than 60 hours from examination and certification shall be considered during each three-calendar-year period.
H. G. Depending on the facts and circumstances,
the board may waive all or part of the continuing professional education
requirement for one or more calendar years or grant additional time for
complying with the continuing professional education requirement, provided that
the waiver or deferral is in the public interest.