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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MARKOSEK, DALEY, FLECK, JOSEPHS, KORTZ, PAYNE, READSHAW, K. SMITH, SONNEY, STERN, VULAKOVICH AND WALKO, FEBRUARY 24, 2009 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 24, 2009 |
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| AN ACT |
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1 | Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as |
2 | amended, "An act relating to and regulating the practice of |
3 | the profession of engineering, including civil engineering, |
4 | mechanical engineering, electrical engineering, mining |
5 | engineering and chemical engineering, the profession of land |
6 | surveying and the profession of geology and constituent parts |
7 | and combinations thereof as herein defined; providing for the |
8 | licensing and registration of persons practicing said |
9 | profession, and the certification of engineers-in-training |
10 | and surveyors-in-training, and the suspension and revocation |
11 | of said licenses, registrations and certifications for |
12 | violation of this act; prescribing the powers and duties of |
13 | the State Registration Board for Professional Engineers, Land |
14 | Surveyors and Geologists, the Department of State and the |
15 | courts; prescribing penalties; and repealing existing laws," |
16 | providing for the definition of "geologist-in-training" and |
17 | for the use of the terms "engineer" and "engineering"; |
18 | further providing for general powers of the board and for |
19 | procedure for licensing as professional geologist; and |
20 | providing for continuing professional engineering competency |
21 | and education requirements. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 2 of the act of May 23, 1945 (P.L.913, |
25 | No.367), known as the Engineer, Land Surveyor and Geologist |
26 | Registration Law, is amended by adding a subsection to read: |
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1 | Section 2. Definitions.--As used in this act-- |
2 | * * * |
3 | (o) "Geologist-in-training" means a candidate for licensure |
4 | as a professional geologist who has been granted a certificate |
5 | as a geologist-in-training after successfully passing the |
6 | required written examination in fundamental geology subjects and |
7 | who shall be eligible, upon completion of the requisite years of |
8 | experience in geology under the supervision of a professional or |
9 | similarly qualified geologist, for the final examination |
10 | prescribed for licensure as a professional geologist. |
11 | Section 2. Sections 4(d) and (g) and 4.4(a) of the act, |
12 | amended or added December 16, 1992 (P.L.1151, No.151), are |
13 | amended and the sections are amended by adding subsections to |
14 | read: |
15 | Section 4. General Powers of Board.--The board shall have |
16 | power-- |
17 | * * * |
18 | (d) Examinations; Fees.--To prescribe the subjects, manner, |
19 | time and place of examinations for licenses as professional |
20 | engineers, professional land surveyors and professional |
21 | geologists and for certificates for engineers-in-training, |
22 | geologists-in-training and surveyors-in-training, and the filing |
23 | of applications for such examinations, and to prepare or provide |
24 | for the preparation of such examinations, conduct or provide for |
25 | the conduct of such examinations, to make written reports of |
26 | such examinations, which reports shall be preserved for a period |
27 | of not less than three years, to collect such fees for such |
28 | examinations, and for licenses and certificates issued without |
29 | examination, as may be fixed according to law, and to issue |
30 | licenses and certificates to such persons as successfully pass |
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1 | such examinations. |
2 | * * * |
3 | (g) Suspension and Revocation of Licenses; Registrations and |
4 | Certificates; Reinstatements.--To suspend or revoke the license |
5 | and registration of any professional engineer, professional land |
6 | surveyor or professional geologist or the certificate of any |
7 | engineer-in-training, geologist-in-training or surveyor-in- |
8 | training, who is found guilty by the board, by a majority vote |
9 | of all its members, of the practice of any fraud, deceit or |
10 | misrepresentation in obtaining his license, certification or |
11 | registration, or of gross negligence, incompetency or misconduct |
12 | in the practice of engineering, in the practice of land |
13 | surveying or in the practice of geology, or of violation of the |
14 | code of ethics of the engineering profession, and to reinstate |
15 | suspended licenses, registrations and certificates in any cases |
16 | where a majority of all the members of the board shall determine |
17 | the same to be just and proper. Unless ordered to do so by a |
18 | court, the board shall not reinstate the license, certificate or |
19 | registration of a person to practice as a professional engineer, |
20 | professional land surveyor, professional geologist or an |
21 | engineer-in-training, geologist-in-training or a surveyor-in- |
22 | training which has been revoked, and such person shall be |
23 | required to apply for a license, certificate or registration |
24 | after a period of five years in accordance with section 2 if he |
25 | desires to practice at any time after such revocation. The board |
26 | shall require a person whose license or registration has been |
27 | suspended or revoked to return the license or registration in |
28 | such manner as the board directs. Failure to do so shall be a |
29 | misdemeanor of the third degree. Misconduct in the practice of |
30 | engineering, land surveying or geology shall include, but not be |
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1 | limited to conviction for a criminal offense such as extortion, |
2 | bribery or fraud or entry of a plea of nolo contendere to a |
3 | charge thereof for conduct relating to the practice of |
4 | engineering, land surveying or geology, or has violated any |
5 | provision of this act or any regulation promulgated by the |
6 | board. For the purposes of this subsection, the code of ethics |
7 | is as follows: |
8 | It shall be considered unprofessional and inconsistent with |
9 | honorable and dignified bearing for any professional engineer, |
10 | professional land surveyor or professional geologist: |
11 | (1) To act for his client or employer in professional |
12 | matters otherwise than as a faithful agent or trustee, or to |
13 | accept any remuneration other than his stated recompense for |
14 | services rendered. |
15 | (2) To attempt to injure falsely or maliciously, directly or |
16 | indirectly, the professional reputation, prospects or business |
17 | of anyone. |
18 | (3) To attempt to supplant another engineer, land surveyor |
19 | or geologist after definite steps have been taken toward his |
20 | employment. |
21 | (4) To compete with another engineer, land surveyor or |
22 | geologist for employment by the use of unethical practices. |
23 | (5) To review the work of another engineer, land surveyor or |
24 | geologist for the same client, except with the knowledge of such |
25 | engineer, land surveyor or geologist, or unless the connection |
26 | of such engineer, land surveyor or geologist with the work has |
27 | terminated. |
28 | (6) To attempt to obtain or render technical services or |
29 | assistance without fair and just compensation commensurate with |
30 | the services rendered: Provided, however, the donation of such |
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1 | services to a civic, charitable, religious or eleemosynary |
2 | organization shall not be deemed a violation. |
3 | (7) To advertise in self-laudatory language, or in any other |
4 | manner, derogatory to the dignity of the profession. |
5 | (8) To attempt to practice in any field of engineering, land |
6 | surveying or geology in which the registrant is not proficient. |
7 | (9) To use or permit the use of his professional seal on |
8 | work over which he was not in responsible charge. |
9 | (10) To aid or abet any person in the practice of |
10 | engineering, land surveying or geology not in accordance with |
11 | the provision of this act or prior laws. |
12 | The board shall appoint, with the approval of the Governor, |
13 | such hearing examiners as shall be necessary to conduct hearings |
14 | as may be required under this subsection. |
15 | The board shall have the power to adopt and promulgate rules |
16 | and regulations setting forth the functions, powers, standards |
17 | and duties to be followed by the hearing examiners. |
18 | The hearing examiners shall have the power to conduct |
19 | hearings in accordance with the regulations of the board, and to |
20 | issue subpoenas requiring the attendance and testimony of |
21 | individuals or the production of, pertinent books, records, |
22 | documents and papers by persons whom they believe to have |
23 | information relevant to any matter pending before the examiner. |
24 | The hearing examiners shall have the power to conduct |
25 | hearings in accordance with the regulations of the board, and to |
26 | issue subpoenas requiring the attendance and testimony of |
27 | individuals or the production of, pertinent books, records, |
28 | documents and papers by persons whom they believe to have |
29 | information relevant to any matter pending before the examiner. |
30 | Such examiner shall also have the power to administer oaths. |
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1 | The hearing examiner shall hear evidence submitted and |
2 | arguments of counsel, if any, with reasonable dispatch, and |
3 | shall promptly record his decision, supported by findings of |
4 | fact, and a copy thereof shall immediately be sent to the board |
5 | and to counsel of record, or the parties, if not represented. |
6 | If application for review is made to the board within twenty |
7 | days from the date of any decision made as a result of a hearing |
8 | held by a hearing examiner, the board shall review the evidence, |
9 | and if deemed advisable by the board, hear argument and |
10 | additional evidence. As soon as practicable, the board shall |
11 | make a decision and shall file the same with its finding of the |
12 | facts on which it is based and send a copy thereof to each of |
13 | the parties in dispute. |
14 | * * * |
15 | (n) Member of National Association of State Boards of |
16 | Geology; Dues.--To become a member of the National Association |
17 | of State Boards of Geology, to pay dues as the association shall |
18 | establish, to send delegates to the annual meeting of the |
19 | association and to defray their expenses. |
20 | Section 4.4. Procedure for Licensing as Professional |
21 | Geologist.--(a) [The board shall provide for a licensure |
22 | examination. All written, oral and practical examinations shall |
23 | be prepared and administered by a qualified and approved |
24 | professional testing organization in the manner prescribed for |
25 | written examinations by the provisions of section 812.1 of the |
26 | act of April 9, 1929 (P.L.177, No.175), known as "The |
27 | Administrative Code of 1929." However, during the first two |
28 | years after the effective date of this act, the board shall |
29 | issue licenses without examination to applicants who meet the |
30 | requirements of subsection (b)(1), (2), (3) and (5). The board |
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1 | may further postpone the examination for up to two additional |
2 | years if necessary in order to provide for an examination in |
3 | accordance with section 812.1 of "The Administrative Code of |
4 | 1929."] An applicant for licensure as a professional geologist |
5 | shall satisfactorily complete the fundamentals of geology |
6 | examination and provide the board with satisfactory evidence of |
7 | experience that would have prepared the applicant for the |
8 | practice of geology. |
9 | * * * |
10 | (c) (1) An applicant for the geologist-in-training |
11 | certificate shall provide satisfactory evidence of graduation |
12 | from an approved geology curriculum of four or more years. |
13 | (2) A geology student that has completed two or more years |
14 | of an approved program in geology may sit for the fundamentals |
15 | of geology examination if approved by the board but may not be |
16 | certified until proof of graduation is submitted to the board. |
17 | (d) Upon graduation an applicant that has satisfactorily |
18 | completed the fundamentals of geology examination shall be |
19 | certified as a geologist-in-training and may retain that |
20 | certification until the applicant becomes licensed as a |
21 | professional geologist. |
22 | Section 3. Section 4.5 of the act, added November 29, 2006 |
23 | (P.L.1534, No.170), is amended to read: |
24 | Section 4.5. [Mandatory Continuing Education.--(a) The |
25 | board shall adopt, promulgate and enforce administrative rules |
26 | and regulations establishing requirements of continuing |
27 | education to be fulfilled by individuals licensed and registered |
28 | under this act. Except as otherwise provided in this section, |
29 | beginning with the licensure period designated by regulation, |
30 | individuals licensed and registered under this act shall be |
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1 | required to complete twenty-four hours of mandatory continuing |
2 | education during each two-year licensure period as a condition |
3 | of biennial renewal. |
4 | (b) An individual applying for initial licensure and |
5 | registration shall be exempt from the requirement set forth in |
6 | subsection (a) for the licensure period immediately following |
7 | initial licensure and registration. |
8 | (c) The board may waive all or a portion of the continuing |
9 | education requirement established in subsection (a) for an |
10 | individual licensed and registered under this act who shows to |
11 | the satisfaction of the board that the individual was unable to |
12 | complete the requirements due to serious illness, military |
13 | service or other demonstrated hardship. The request shall be |
14 | made in writing, with appropriate documentation, and shall |
15 | include a description of circumstances sufficient to show why |
16 | the individual is unable to comply with the continuing education |
17 | requirement set forth in subsection (a). Requests for waiver of |
18 | the continuing education requirement shall be evaluated by the |
19 | board on a case-by-case basis. The board shall send the |
20 | individual written notification of its approval or denial of the |
21 | request for waiver. |
22 | (d) An individual seeking to reinstate an inactive or lapsed |
23 | license and registration shall show proof of compliance with the |
24 | continuing education requirement for the preceding biennial |
25 | renewal period. |
26 | (e) All courses, locations, instructors and providers of |
27 | mandatory continuing education shall be approved by the board. |
28 | However, no credit shall be given for a course in practice |
29 | building or office management. |
30 | (f) The board shall promulgate regulations to carry out the |
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1 | provisions of this section within eighteen months of the |
2 | effective date of this section.] Continuing Professional |
3 | Competency Requirements.--(a) In order to help safeguard life, |
4 | health and property and to promote the public welfare, the |
5 | practice of professional engineering, professional land |
6 | surveying and professional geology in this Commonwealth requires |
7 | continuing professional competency. |
8 | (b) Each in-State and out-of-State licensee shall be |
9 | required to meet the continuing professional competency |
10 | requirements of this section as a condition for licensure |
11 | renewal. Continuing professional competency obtained by a |
12 | licensee should maintain, improve or expand skills and knowledge |
13 | obtained prior to initial licensure or develop new and relevant |
14 | skills and knowledge. |
15 | (c) Each licensee shall be required to obtain twenty-four |
16 | PDH units during the biennial renewal period. If a licensee |
17 | exceeds the requirement in any renewal period, a maximum of |
18 | twelve PDH units may be carried forward into the subsequent |
19 | renewal period. PDH units may be earned as follows: |
20 | (1) Successful completion of college courses relevant to |
21 | professional practice. |
22 | (2) Successful completion of continuing education courses |
23 | relevant to professional practice of engineering. |
24 | (3) Successful completion of correspondence, televised, |
25 | videotaped and other short courses or tutorials relevant to |
26 | professional practice. |
27 | (4) Presenting or attending qualifying seminars, in-house |
28 | courses, workshops or professional or technical presentations |
29 | made at meetings, conventions or conferences relevant to |
30 | professional practice. |
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1 | (5) Teaching or instructing in any of the activities listed |
2 | in clauses (1) through (4). |
3 | (6) Authoring published papers, articles, books or accepted |
4 | licensing examination items. |
5 | (7) Actively participating in professional or technical |
6 | societies relevant to professional practice. A licensee shall |
7 | serve as an officer or actively participate in a committee of |
8 | the organization in order to receive credit. PDH credits shall |
9 | not be earned until the end of each year of service completed. |
10 | (8) Obtaining patents. |
11 | (d) (1) Except as provided in clause (2), units of other |
12 | types of credit shall be converted to PDH units as follows: |
13 | (i) One college or unit semester hour shall equal forty-five |
14 | PDH units. |
15 | (ii) One college or unit quarter hour shall equal thirty PDH |
16 | units. |
17 | (iii) One continuing education unit shall equal ten PDH |
18 | units. |
19 | (iv) One hour of professional development in course work, |
20 | seminars or professional or technical presentations made at |
21 | meetings, conventions or conferences shall equal one PDH unit. |
22 | (v) Each published paper, article or book shall equal ten |
23 | PDH units. |
24 | (vi) Active participation in a professional and technical |
25 | society relevant to the professional practice shall equal, for |
26 | each organization, two PDH units. |
27 | (vii) Each patent obtained shall equal ten PDH units. |
28 | (2) Teaching any of the activities listed in clause (1)(i), |
29 | (ii), (iii) and (iv) shall equal double the amount of PDH units |
30 | provided for in those subclauses. Teaching credit shall be |
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1 | awarded for teaching a course or seminar for the first time |
2 | only, but shall not be awarded to full-time faculty in the |
3 | performance of their duties at their employing institutions. |
4 | (e) The board shall have final authority with respect to |
5 | approval of courses, credit, PDH value for courses and other |
6 | methods of earning credit. Credit determination for activities |
7 | listed in subsection (d)(1)(v) and (vii) shall be the |
8 | responsibility of the licensee. |
9 | (f) The licensee shall be responsible for maintaining |
10 | records to be used to support credits claimed. Required records |
11 | shall include all of the following: |
12 | (1) A log showing the type of activity claimed, sponsoring |
13 | organization, location, duration, instructor's or speaker's name |
14 | and PDH credits earned. |
15 | (2) Attendance verification records in the form of |
16 | completion certificates or other documents supporting evidence |
17 | of attendance. |
18 | (g) A licensee may be exempt from the requirements of this |
19 | section for any of the following reasons: |
20 | (1) New licensees who are licensed as a result of |
21 | examination or comity shall be exempt for their first renewal |
22 | period. |
23 | (2) A licensee serving on temporary active duty in the armed |
24 | forces of the United States for a period of time exceeding one |
25 | hundred twenty consecutive days in a year shall be exempt from |
26 | obtaining the professional development hours required during |
27 | that year. |
28 | (3) Licensees experiencing physical disability, illness or |
29 | other extenuating circumstances as reviewed and approved by the |
30 | board may be exempt. Supporting documentation must be furnished |
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1 | to the board. |
2 | (4) Licensees who list their occupation as retired or |
3 | inactive on the board-approved renewal form and who certify that |
4 | they are no longer receiving any remuneration for providing |
5 | professional services shall be exempt from the professional |
6 | development hours requirement. In the event such a person elects |
7 | to return to active practice, professional development hours |
8 | must be earned before returning to active practice for each year |
9 | exempted, not to exceed the biennial renewal requirements. |
10 | (h) A licensee may bring an inactive license to active |
11 | status by obtaining all delinquent PDH units, except that under |
12 | no circumstance shall a licensee be required to obtain more than |
13 | twenty-four PDH units to restore an inactive license. |
14 | (i) The continuing professional competency requirements of |
15 | this section are satisfied when a nonresident certifies to be |
16 | licensed in and has met the mandatory continuing professional |
17 | competency requirements of any jurisdiction approved and listed |
18 | by the board. |
19 | (j) The following words and phrases shall have the meanings |
20 | given to them in this subsection: |
21 | "Activity" shall mean any qualifying activity with a clear |
22 | purpose and objective which will maintain, improve or expand the |
23 | skills and knowledge relevant to a licensee's professional |
24 | practice. |
25 | "College or Unit Semester Hour" or "College or Unit Quarter |
26 | Hour" shall mean credit for courses in ABET-approved programs or |
27 | other related college courses. |
28 | "Continuing Education Unit" shall mean a unit of credit |
29 | customarily used for continuing education courses. |
30 | "Course" shall mean any qualifying course with a clear |
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1 | purpose and objective which will maintain, improve or expand the |
2 | skills and knowledge relevant to a licensee's professional |
3 | practice. |
4 | "Professional Development Hour" or "PDH" shall mean a contact |
5 | hour of instruction or presentation relevant to professional |
6 | practice. |
7 | Section 4. Section 6 of the act, amended December 16, 1992 |
8 | (P.L.1151, No.151), is amended to read: |
9 | Section 6. Practice by Firms and Corporations.--The practice |
10 | of engineering, of land surveying and of geology being the |
11 | function of an individual or of individuals working in concerted |
12 | effort, it shall be unlawful for any firm or corporation to |
13 | engage in such practice, or to offer to practice, or to assume |
14 | use or advertise any title or description, including the use of |
15 | the term "engineer" or "engineering" in its firm or corporate |
16 | name, conveying the impression that such firm or corporation is |
17 | engaged in or is offering to practice such profession, unless |
18 | the directing heads and employes of such firm or corporation in |
19 | responsible charge of its activities in the practice of such |
20 | profession are licensed and registered in conformity with the |
21 | requirements of this act, and whose name, seal and signature, |
22 | along with the date of signature, shall be stamped on all plans, |
23 | specifications, plats and reports issued by such firm or |
24 | corporation. |
25 | Section 5. This act shall take effect in 60 days. |
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