H0609B1281A05684 NES:AAS 10/11/22 #90 A05684
AMENDMENTS TO HOUSE BILL NO. 609
Sponsor: SENATOR AUMENT
Printer's No. 1281
Amend Bill, page 1, lines 16 through 19, by striking out all
of said lines and inserting
further providing for definitions, for general powers of board,
for procedure for licensing as professional engineer, for
procedure for licensing as professional geologist, for
continuing professional competency requirements, for
exemption from licensure and registration, for fees and for
penalties.
Amend Bill, page 1, lines 22 through 26; pages 2 through 8,
lines 1 through 30; page 9, lines 1 through 10; by striking out
all of said lines on said pages and inserting
Section 1. Section 2(a) and (c) of the act of May 23, 1945
(P.L.913, No.367), known as the Engineer, Land Surveyor and
Geologist Registration Law, are amended and the section is
amended by adding a subsection to read:
Section 2. Definitions.--As used in this act--
(a) (1) "Practice of Engineering" shall mean the
application of the mathematical and physical sciences for the
design or analysis of public or private buildings, structures,
machines, equipment, processes, works or engineering systems,
and the consultation, investigation, evaluation[, engineering]
or surveys, construction management, modification and
alteration, planning and inspection in connection therewith, the
performance of the foregoing acts and services being prohibited
to persons who are not licensed under this act as professional
engineers unless exempt under other provisions of this act.
(2) The term "Practice of Engineering" shall also mean and
include related acts and services that may be performed by other
qualified persons, including but not limited to, municipal
planning, incidental landscape architecture, teaching,
construction, maintenance and research but licensure under this
act to engage in or perform any such related acts and services
shall not be required.
(3) The foregoing shall not be deemed to include the
practice of architecture as such, for which separate
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registration is required under [the provisions of the act of
July 12, 1919 (P.L.933, No.369), entitled "An act to regulate
the practice of architecture in the Commonwealth of Pennsylvania
by providing for the examination and registration of architects
by a State Board of Examiners; defining the power and duties of
said board of examiners; and providing penalties for the
violation of this act," excepting only architectural work
incidental to the "practice of engineering."] the act of
December 14, 1982 (P.L.1227, No.281), known as the "Architects
Licensure Law."
(4) The "Practice of Engineering" shall not preclude the
practice of the sciences which shall include but not be limited
to: soil science, geology, physics and chemistry.
* * *
[(c) "Engineer-in-Training means a candidate for licensure
as a professional engineer, who has been granted a certificate
as an engineer-in-training after successfully passing the
prescribed written examination in fundamental engineering
subjects, and who shall be eligible upon the completion of the
requisite years of experience in engineering, under the
supervision of a professional engineer, or similarly qualified
engineer, for the final examination prescribed for licensure as
a professional engineer.]
(c.1) "Engineer Intern" means a candidate for licensure as a
professional engineer, who has been granted a certificate as an
engineer intern after successfully passing the prescribed
written examination in fundamental engineering subjects, and who
is eligible upon the completion of the requisite years of
experience in engineering, under the supervision of a
professional engineer, or similarly qualified engineer, for the
final examination prescribed for licensure as a professional
engineer.
* * *
Section 2. Section 4(b) and (g) of the act are amended and
the section is amended by adding a subsection to read:
Section 4. General Powers of Board.--The board shall have
power--
* * *
(b) Licensing Professional Engineers, Professional Land
Surveyors and Professional Geologists.--To provide for and to
regulate the licensing, and to license to engage in the practice
of engineering, land surveying or geology any person of good
moral character [and repute who speaks and writes the English
language], if such person either--
(1) Holds an unexpired license or certificate of
registration issued to [him] the person by proper authority of
some other state, foreign country or territory of the United
States in which the requirements and qualifications to engage in
the practice of engineering, land surveying or geology were at
the time of the initial issuance of [such] the license or
certificate of registration at least equal to the existing
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standards of this Commonwealth: Provided, however, That such
other state, territory or foreign country shall similarly
license or register professional engineers, professional land
surveyors or professional geologists licensed and registered in
this Commonwealth. A person may be licensed under this
subsection without examination.
(2) In relation to engineers and surveyors, holds a
certificate of qualifications issued by the National Bureau of
Engineering Registration of the National Council of Examiners
for Engineering and Surveying: Provided, The requirements and
qualifications of said bodies to engage in the practice of
engineering or land surveying are at least equal to the
standards of this Commonwealth. A person may be licensed under
this subsection without examination.
In carrying into effect clauses (1) and (2) of subsection (b)
of this section in relation to engineers and surveyors the board
may in its discretion enter into agreements for reciprocity with
the National Council of Examiners for Engineering and Surveying
and with states under such rules and regulations as the board
may prescribe.
(3) Complies with the education and experience criteria and
successfully completes the two-examination process for licensing
as a professional engineer, as set forth in section 4.2, or as a
professional land surveyor, as set forth in section 4.3 or the
examination process for licensing as a professional geologist as
set forth in section 4.4.
(b.1) Individualized Assessment of Moral Character.--In
assessing the moral character of an applicant with a criminal
conviction under subsection (b), the board shall conduct an
individualized assessment in accordance with 63 Pa.C.S. ยง 3113
(relating to consideration of criminal convictions).
* * *
(g) Suspension and Revocation of Licenses; Registrations and
Certificates; Reinstatements.--To suspend or revoke the license
and registration of any professional engineer, professional land
surveyor or professional geologist or the certificate of any
[engineer-in-training] engineer intern, geologist-in-training or
surveyor-in-training, who is found guilty by the board, by a
majority vote of all its members, of the practice of any fraud,
deceit or misrepresentation in obtaining his license,
certification or registration, or of gross negligence,
incompetency or misconduct in the practice of engineering, in
the practice of land surveying or in the practice of geology, or
of violation of the code of ethics of the engineering
profession, and to reinstate suspended licenses, registrations
and certificates in any cases where a majority of all the
members of the board shall determine the same to be just and
proper. Unless ordered to do so by a court, the board shall not
reinstate the license, certificate or registration of a person
to practice as a professional engineer, professional land
surveyor, professional geologist or an [engineer-in-training]
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engineer intern, geologist-in-training or a surveyor-in-training
which has been revoked, and [such] the person [shall be] is
required to apply for a license, certificate or registration
after a period of five years in accordance with section 2 if
[he] the person desires to practice at any time after such
revocation. The board shall require a person whose license or
registration has been suspended or revoked to return the license
or registration in such manner as the board directs. Failure to
do so shall be a misdemeanor of the third degree. Misconduct in
the practice of engineering, land surveying or geology shall
include, but not be limited to conviction for a criminal offense
such as extortion, bribery or fraud or entry of a plea of nolo
contendere to a charge thereof for conduct relating to the
practice of engineering, land surveying or geology, or has
violated any provision of this act or any regulation promulgated
by the board. For the purposes of this subsection, the code of
ethics is as follows:
It shall be considered unprofessional and inconsistent with
honorable and dignified bearing for [any] a person who is a
professional engineer, professional land surveyor or
professional geologist:
(1) To act for [his] the person's client or employer in
professional matters otherwise than as a faithful agent or
trustee, or to accept any remuneration other than [his] the
person's stated recompense for services rendered.
(2) To attempt to injure falsely or maliciously, directly or
indirectly, the professional reputation, prospects or business
of anyone.
(3) To attempt to supplant another engineer, land surveyor
or geologist after definite steps have been taken toward [his]
the other's employment.
(4) To compete with another engineer, land surveyor or
geologist for employment by the use of unethical practices.
(5) To review the work of another engineer, land surveyor or
geologist for the same client, except with the knowledge of
[such] that engineer, land surveyor or geologist, or unless the
connection of [such] that engineer, land surveyor or geologist
with the work has terminated.
(6) To attempt to obtain or render technical services or
assistance without fair and just compensation commensurate with
the services rendered: Provided, however, the donation of [such]
the services to a civic, charitable, religious or eleemosynary
organization shall not be deemed a violation.
(7) To advertise in self-laudatory language, or in any other
manner, derogatory to the dignity of the profession.
(8) To attempt to practice in any field of engineering, land
surveying or geology in which the registrant is not proficient.
(9) To use or permit the use of [his] the person's
professional seal on work over which [he] the person was not in
responsible charge.
(10) To aid or abet any person in the practice of
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engineering, land surveying or geology not in accordance with
the provision of this act or prior laws.
The board shall appoint, with the approval of the Governor,
such hearing examiners as shall be necessary to conduct hearings
as may be required under this subsection.
The board shall have the power to adopt and promulgate rules
and regulations setting forth the functions, powers, standards
and duties to be followed by the hearing examiners.
The hearing examiners shall have the power to conduct
hearings in accordance with the regulations of the board, and to
issue subpoenas requiring the attendance and testimony of
individuals or the production of, pertinent books, records,
documents and papers by persons whom they believe to have
information relevant to any matter pending before the examiner.
[Such] The examiner shall also have the power to administer
oaths.
The hearing examiner shall hear evidence submitted and
arguments of counsel, if any, with reasonable dispatch, and
shall promptly record his decision, supported by findings of
fact, and a copy thereof shall immediately be sent to the board
and to counsel of record, or the parties, if not represented.
If application for review is made to the board within twenty
days from the date of any decision made as a result of a hearing
held by a hearing examiner, the board shall review the evidence,
and if deemed advisable by the board, hear argument and
additional evidence. As soon as practicable, the board shall
make a decision and shall file the same with its finding of the
facts on which it is based and send a copy thereof to each of
the parties in dispute.
* * *
Section 3. Sections 4.2(a), (b) and (c), 4.4(b)(1), 4.5(c)
(3), 5, 9(a) and 11(c) of the act are amended to read:
Section 4.2. Procedure for Licensing as Professional
Engineer.--(a) An applicant for licensure as a professional
engineer shall satisfactorily complete the engineering
fundamentals examination and become certified as an [engineer-
in-training] engineer intern and subsequently show evidence of
experience satisfactory to the board to prepare [him] the
applicant for the engineering principles and practice
examination.
(b) (1) An applicant for the [engineer-in-training]
engineer intern certificate shall show satisfactory evidence of:
(i) graduation from an approved engineering curriculum of
four or more years; or
(ii) eight or more years of progressive experience in
engineering work and knowledge, skill and education
approximating that attained through graduation from an approved
engineering curriculum.
(2) An engineering student who has completed two or more
years of an approved program in engineering may, subject to
board approval, sit for the examination; but [such] the student
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shall not be eligible for certification until [he] the student
shows proof of graduation.
(3) An applicant who satisfactorily completes the
examination in engineering fundamentals shall be certified as an
[engineer-in-training] engineer intern without time limitation
and may remain certified until such time as [he] the applicant
becomes licensed under this act as a professional engineer.
(c) An applicant who is a certified [engineer-in-training]
engineer intern may apply for licensure and shall pass the
examination in engineering principles and practice. To qualify
for the principles and practice examination, an applicant shall,
in addition to holding the [engineer-in-training] engineer
intern certificate, show satisfactory proof of:
(1) four or more years of progressive experience in
engineering work performed [after the issuance of the engineer-
in-training certificate and] under the supervision of a
professional engineer or a similarly qualified engineer of a
grade and character to [fit him] qualify the applicant to assume
responsible charge of the work involved in the practice of
engineering; or
(2) four or more years of progressive teaching experience in
an approved curriculum under the supervision of a professional
engineer or a similarly qualified engineer of a grade or
character to [fit him] qualify the applicant to assume
responsible charge of the work involved in the practice of
engineering.
* * *
Section 4.4. Procedure for Licensing as Professional
Geologist.--* * *
(b) An applicant shall be qualified to be licensed after
submission of proof satisfactory to the board that the
applicant:
(1) Is of good moral character. In assessing the moral
character of an applicant with a criminal conviction, the board
shall conduct an individualized assessment in accordance with 63
Pa.C.S. ยง 3113 (relating to consideration of criminal
convictions).
* * *
Amend Bill, page 10, line 22, by inserting a bracket before
"his"
Amend Bill, page 10, line 22, by inserting after "his"
] the person's
Amend Bill, page 11, line 12, by inserting a bracket before
"his"
Amend Bill, page 11, line 12, by inserting after "his"
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] the
Amend Bill, page 11, line 20, by inserting after "employe"
, contractor
Amend Bill, page 12, line 27, by striking out all of said
line and inserting
Section 9. Fees.--(a) The fee for an applicant for
licensure as a professional engineer, professional land surveyor
or professional geologist, including examination, and for
examination or certification, or both, as an [engineer-in-
training] engineer intern or a surveyor-in-training, shall be as
fixed by the board by regulation and shall be subject to review
in accordance with the act of June 25, 1982 (P.L.633, No.181),
known as the "Regulatory Review Act." If the revenues generated
by fees, fines and civil penalties imposed in accordance with
the provisions of this act are not sufficient to match
expenditures over a two-year period, the board shall increase
those fees by regulation, subject to review in accordance with
the "Regulatory Review Act," such that the projected revenues
will meet or exceed projected expenditures.
* * *
Section 11. Penalties.--(a) [Whoever shall engage] A person
who engages in the practice of engineering, the practice of land
surveying or the practice of geology without being licensed and
registered as required by this act, or exempted therefrom, as
provided in this act, or shall present or attempt to use, as
[his] the person's own, the license or certificate of
registration of another, or shall give any false or forged
evidence of any kind to the board, or to any member thereof, in
order to obtain a license or registration as a professional
engineer, professional land surveyor or professional geologist
or a certificate as an [engineer-in-training] engineer intern or
surveyor-in-training, or shall use any expired, suspended or
revoked certificate of registration, or shall otherwise violate
the provisions of this act, shall be guilty of a summary offense
and upon conviction thereof for a first offense, shall be
sentenced to pay a fine not exceeding one thousand dollars, or
suffer imprisonment, not exceeding three months, or both and for
a second or subsequent offense shall be guilty of a felony, and
upon conviction thereof, shall be sentenced to pay a fine of not
less than two thousand dollars but not more than five thousand
dollars or to imprisonment for not less than one year but not
more than two years, or both.
* * *
Section 4. A reference to "engineer-in-training" in a
provision of 49 Pa. Code Ch. 37 shall be deemed to be a
reference to an engineer intern.
Section 5. A person who has been awarded a certificate as an
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engineer-in-training prior to the effective date of this section
shall be deemed to have been awarded a certificate as an
engineer intern.
Section 6. This act shall take effect in 60 days.
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