PRINTER'S NO. 772
No. 709 Session of 1989
INTRODUCED BY SHAFFER, LINCOLN, SALVATORE, PORTERFIELD AND
REIBMAN, MARCH 20, 1989
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 20, 1989
AN ACT
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, chemical engineering, surveying and constituent
6 parts and combinations thereof as herein defined; providing
7 for the licensing and registration of persons practicing said
8 profession, and the certification of engineers in training,
9 and the suspension and revocation of said licenses,
10 registrations and certifications for violation of this act;
11 prescribing the powers and duties of the State Registration
12 Board for Professional Engineers, the Department of State and
13 the courts; prescribing penalties; and repealing existing
14 laws," further providing for the regulation of the
15 professions of engineering and land surveying.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The title of the act of May 23, 1945 (P.L.913,
19 No.367), known as the Professional Engineers Registration Law,
20 amended December 13, 1979 (P.L.534, No.120), is amended to read:
21 AN ACT
22 Relating to and regulating the practice of the profession of
23 engineering[;], including civil engineering, mechanical
24 engineering, electrical engineering, mining engineering[,]
1 and chemical engineering, and the profession of land
2 surveying and constituent parts and combinations thereof as
3 herein defined; providing for the licensing and registration
4 of persons practicing said profession, and the certification
5 of engineers in training, and the suspension and revocation
6 of said licenses, registrations and certifications for
7 violation of this act; prescribing the powers and duties of
8 the State Registration Board for Professional Engineers, the
9 Department of State and the courts; prescribing penalties;
10 and repealing existing laws.
11 Section 2. Section 1 of the act is amended to read:
12 Section 1. Short Title.--This act shall be known and may be
13 cited as the "Professional Engineers and Professional Land
14 Surveyors Registration Law."
15 Section 3. Section 2(a), (g) and (j) of the act, amended or
16 added November 24, 1967 (P.L.548, No.270) and December 13, 1979
17 (P.L.534, No.120), are amended and the section is amended by
18 adding subsections to read:
19 Section 2. Definitions.--As used in this act--
20 (a) (1) "Practice of Engineering" shall mean the
21 application of the mathematical and physical sciences for the
22 design of public or private buildings, structures, machines,
23 equipment, processes, works or engineering systems, and the
24 consultation, investigation, evaluation, engineering surveys,
25 construction management, planning and inspection in connection
26 therewith, the performance of the foregoing acts and services
27 being prohibited to persons who are not licensed under this act
28 as professional engineers unless exempt under other provisions
29 of this act.
30 (2) The term "Practice of Engineering" shall also mean and
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1 include related acts and services that may be performed by other
2 qualified persons, including but not limited to, municipal
3 planning, incidental landscape architecture, teaching,
4 construction, maintenance and research but licensure under this
5 act to engage in or perform any such related acts and services
6 shall not be required.
7 (3) The foregoing shall not be deemed to include the
8 practice of architecture as such, for which separate
9 registration is required under the provisions of the act of July
10 12, 1919 (P.L.933, No.369), entitled "An act to regulate the
11 practice of architecture in the Commonwealth of Pennsylvania by
12 providing for the examination and registration of architects by
13 a State Board of Examiners; defining the power and duties of
14 said board of examiners; and providing penalties for the
15 violation of this act," excepting only architectural work
16 incidental to the "practice of engineering."
17 (4) The "Practice of Engineering" shall not preclude the
18 practice of [other] the sciences which shall include but not be
19 limited to: soil science, geology, physics and chemistry.
20 * * *
21 (g) "Board" means The State Registration Board for
22 Professional Engineers and Professional Land Surveyors.
23 * * *
24 (j) "Engineering Land Surveys" means surveys for: (i) the
25 development of any tract of land including the incidental design
26 of related improvements, such as line and grade extension of
27 roads, sewers and grading but not requiring independent
28 engineering judgment: Provided, however, That tract perimeter
29 surveys shall be the function of the Professional Land Surveyor;
30 (ii) the determination of the configuration or contour of the
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1 earth's surface, or the position of fixed objects thereon or
2 related thereto by means of measuring lines and angles and
3 applying the principles of mathematics, photogrammetry or other
4 measurement methods; (iii) geodetic or [cadastral survey,]
5 underground survey and hydrographic survey; (iv) storm water
6 management surveys and sedimentation and erosion control
7 surveys; (v) the determination of the quantities of materials;
8 (vi) tests for water percolation in soils; and (vii) the
9 preparation of plans and specifications and estimates of
10 proposed work and attendant costs as described in this
11 subsection.
12 (k) "Employe" means an individual who is on payroll and for
13 whom taxes are withheld and social security is withheld and
14 matched.
15 (l) "Surveyor-in-Training" means a candidate for licensure
16 as a professional land surveyor who has been granted a
17 certificate as a surveyor-in-training after successfully passing
18 the prescribed written examination in fundamental land surveying
19 subjects and who shall be eligible, upon the completion of the
20 requisite years of experience in land surveying, under the
21 supervision of a professional land surveyor or similarly
22 qualified surveyor, for the final examination prescribed for
23 licensure as a professional land surveyor.
24 Section 4. Section 3 of the act, amended December 13, 1979
25 (P.L.534, No.120), is amended to read:
26 Section 3. Practice of Engineering or Land Surveying Without
27 Licensure and Registration Prohibited.--(a) In order to
28 safeguard life, health or property and to promote the general
29 welfare, it is unlawful for any person to practice or to offer
30 to practice engineering in this Commonwealth, unless he is
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1 licensed and registered under the laws of this Commonwealth as a
2 professional engineer, or for any person to practice or to offer
3 to practice land surveying, unless he is licensed and registered
4 under the laws of this Commonwealth as a professional land
5 surveyor.
6 (b) A person shall be construed to practice or offer to
7 practice engineering or land surveying who practices any branch
8 of the profession of engineering or land surveying; or who, by
9 verbal claim, sign, advertisement, letterhead, card, or in any
10 other way represents himself to be an engineer or land surveyor,
11 or through the use of some other title implies that he is an
12 engineer or land surveyor or that he is registered under this
13 act; or who holds himself out as able to perform, or who does
14 perform any engineering or land surveying service or work or any
15 other service designated by the practitioner or recognized as
16 engineering or land surveying.
17 Section 5. Section 4 of the act, amended, added or repealed
18 in part December 13, 1979 (P.L.534, No. 120), June 25, 1982
19 (P.L.633, No.181) and December 22, 1983 (P.L.348, No.87), is
20 amended to read:
21 Section 4. General Powers of Board.--The board shall have
22 power--
23 (a) Approval of [Institutions and Colleges] Engineering and
24 Surveying Curricula.--(1) To investigate and to approve or
25 disapprove [institutions and colleges] engineering and surveying
26 curricula of this State, and other states, territories and
27 countries for the education of students desiring to be licensed
28 to engage in the practice of engineering or land surveying, and
29 to revoke or suspend approvals where [such institutions and
30 colleges] they are no longer [are] deemed proper.
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1 (2) To set, for the licensure examination, the qualification
2 to sit for the examination, the location of the examination and
3 the criteria for the examination.
4 (b) Licensing Professional Engineers.--To provide for and to
5 regulate the licensing, and to license to engage in the practice
6 of engineering any person of good moral character and repute
7 [who is at least in his twenty-fifth year of age, and] who
8 speaks and writes the English language, if such person either--
9 (1) Holds an unexpired license or certificate of
10 registration issued to him by proper authority of some other
11 state, [or] foreign country or territory of the United States in
12 which the requirements and qualifications to engage in the
13 practice of engineering were at the time of the initial issuance
14 of such license or certificate of registration at least equal to
15 the existing standards of this Commonwealth: Provided, however,
16 That such other state, territory or foreign country shall
17 similarly license or register professional engineers licensed
18 and registered in this Commonwealth. A person may be licensed
19 under this subsection without examination.
20 (2) Holds a certificate of qualifications issued by the
21 National Bureau of Engineering Registration of the National
22 Council of [State Boards of] Engineering Examiners: Provided,
23 The requirements and qualifications of said bodies to engage in
24 the practice of engineering or land surveying are at least equal
25 to the [standards of this Commonwealth] the requirements and
26 qualifications established by the regulations of the board. A
27 person may be licensed under this subsection without
28 examination.
29 In carrying into effect clauses (1) and (2) of subsection (b)
30 of this section the board may in its discretion enter into
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1 agreements for reciprocity with the National Council of [State
2 Boards of] Engineering Examiners and with states under such
3 rules and regulations as the board may prescribe.
4 [(3) Has had four or more years' progressive experience in
5 engineering work under the supervision of a professional
6 engineer, or a similarly qualified engineer of a grade or
7 character to fit him to assume responsible charge of the work
8 involved in the practice of engineering, and is either an
9 engineer-in-training or a graduate in engineering of an approved
10 institution or college having a course in engineering of four or
11 more years, or has had four or more years of progressive
12 experience in engineering work, teaching in an approved
13 institution or college, and who is a graduate of an approved
14 institution or college having a course in engineering of four or
15 more years and who in either event successfully passes written
16 examinations prescribed by the board in engineering subjects. In
17 the case of the examination of an engineer-in-training his
18 examination shall be directed and limited to those matters which
19 will test the applicant's ability to apply the principles of
20 engineering to the actual practice of engineering. In the case
21 of an applicant who is not an engineer-in-training the
22 examination shall be for the purpose of testing the applicant's
23 knowledge of fundamental engineering subjects, including
24 mathematics and the physical sciences and those matters which
25 will test the applicant's ability to apply the principles of
26 engineering to the actual practice of engineering. To be
27 licensed under this subsection, the person shall be required to
28 successfully pass the examinations prescribed by the board for
29 both professional engineers and engineers-in-training: Provided,
30 That graduates in engineering who were graduated prior to
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1 January 1, 1968 or engineers-in-training who received a
2 certificate from the board prior to January 1, 1968, shall not
3 be required to take the examination prescribed for engineers-in-
4 training.
5 (4) Has had twelve or more years of progressive experience
6 in engineering work, at least eight years of which shall have
7 been under the supervision of a professional engineer, or
8 similarly qualified engineer of a grade and character to fit him
9 to assume responsible charge of the work involved in the
10 practice of engineering, and who successfully passes written
11 examinations prescribed by the board for the purpose of testing
12 the applicant's knowledge of fundamental engineering subjects,
13 including mathematics and the physical sciences and those
14 matters which will test the applicant's ability to apply the
15 principles of engineering to the actual practice of engineering.
16 To be licensed under this subsection, the person shall be
17 required to successfully pass the examinations prescribed by the
18 board for both professional engineers and engineers-in-training.
19 (5) Is possessed of long established and recognized standing
20 in the engineering field, provided said person is not less than
21 fifty years of age and has a record of not less than twenty-five
22 years' experience in engineering, of which at least fifteen
23 years has been in responsible charge of important and
24 outstanding engineering work or teaching. Upon application from
25 such an individual and the payment of the required registration
26 fees, the board may issue to such an applicant a certificate of
27 registration as a professional engineer based upon an oral
28 examination and after approval of a majority of the board:
29 Provided, however, That no certificate of registration as a
30 professional engineer shall be issued by the board pursuant to
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1 this provision on any application for same which is filed more
2 than two years after the effective date of this act.
3 Prior to consideration by the board of any such application
4 made under this clause (5) and prior to giving any such oral
5 examination, the board shall issue public notice of the names of
6 all such applicants in a newspaper of general circulation in
7 Dauphin County, Pennsylvania, and the duly approved Legal
8 Journal of Dauphin County. The application forms relative to
9 such applicants shall be open to public inspection, and the
10 board shall receive and consider all written comments relative
11 to such applicants in processing such applications.
12 (c) Examination and Certification of Engineers-in-
13 Training.--To provide for and to regulate the examination of any
14 person who has produced satisfactory evidence that he has
15 graduated in an engineering curriculum from an approved
16 institution or college having a course of four years or more in
17 engineering or who has had four or more years' experience in
18 engineering work, and who produces satisfactory evidence to show
19 knowledge, skill and education approximating that attained
20 through graduation from an approved institution or college, and
21 to issue to any such person who successfully passes such
22 examination a certificate showing that he has successfully
23 passed this portion of the professional examination and is
24 recognized as an engineer-in-training. The examination of
25 applicants as engineers-in-training shall be designed to permit
26 an applicant for licensure as a professional engineer to take
27 his examination in two stages. The examination for certification
28 as an engineer-in-training shall be for the purpose of testing
29 the applicant's knowledge of fundamental engineering subjects,
30 including mathematics and the physical sciences. Satisfactory
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1 passing of this portion of the examination shall constitute a
2 credit for the life of the applicant or until he is licensed
3 under this act as a professional engineer.
4 (d) Licensing of Land Surveyors.--To provide for and to
5 regulate the licensing and to license to engage in the practice
6 of land surveying any person of good character and repute who is
7 at least in his twenty-first year of age, and who speaks and
8 writes the English language if such person:
9 (1) Has graduated in civil engineering or surveying from an
10 approved institution or college having an engineering course of
11 not less than four years, and including at least ten credit
12 hours of surveying, or has graduated in an approved two-year
13 course in surveying and related areas of engineering design
14 leading to an associate degree in surveying, and if licensing
15 occurs before 1983 has had two or more years' progressive
16 experience or if licensing occurs in 1983 or thereafter has had
17 four or more years' progressive experience in land surveying
18 under the supervision of a professional land surveyor, or a
19 similarly qualified surveyor of a character indicating that the
20 applicant is competent to assume responsible charge of the
21 practice of land surveying, and who successfully passes a
22 written examination prescribed by the board in surveying and
23 related design subjects; or
24 (2) If licensing occurs before 1985 has had six or more
25 years' progressive experience or if licensing occurs in 1985 or
26 thereafter has had ten or more years' progressive experience in
27 land surveying work half of which time shall have been spent in
28 responsible charge of primary land surveying functions, under
29 the supervision of a professional land surveyor or a similarly
30 qualified surveyor of a character indicating that the applicant
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1 is competent to assume responsible charge of the work involved
2 in the practice of land surveying and who successfully passes a
3 written examination prescribed by the board in surveying and
4 related design subjects.
5 (3) Holds an unexpired license or certificate of
6 registration issued to him by proper authority of some other
7 state or foreign country in which the requirements and
8 qualifications to engage in the practice of land surveying were
9 at the time of the initial issuance of such license or
10 certificate of registration at least equal to the existing
11 standards of this Commonwealth: Provided, however, That such
12 other state, territory or foreign country shall similarly
13 license or register professional land surveyors licensed and
14 registered in this Commonwealth. A person may be licensed under
15 this clause without examination.
16 In carrying into effect clauses (1) and (2), the board shall
17 require all applicants to show a diversification in both field
18 and office experience, with the smallest percentage of time
19 allowed in either category to be twenty-five per cent.]
20 (3) Complies with the education and experience criteria and
21 passes the two-examination process for licensing as a
22 professional engineer, as set forth in section 4.2, or as a
23 professional land surveyor, as set forth in section 4.3.
24 [(e)] (c) Investigations of Applications; Determination of
25 Competency of Applicants.--To investigate the allegations
26 contained in any application for licensure or certification
27 under this act in order to determine the truth of such
28 allegations and to determine the competency of any person
29 applying for licensure to assume responsible charge of the work
30 involved in the practice of engineering or land surveying, such
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1 competency to be determined by the grade and character of the
2 engineering work, or the grade and character of the land
3 surveying work actually performed. The mere execution as a
4 contractor of work designed by a professional engineer, or the
5 supervision of the construction of such work as a foreman or
6 superintendent, or the operation or maintenance of machinery or
7 equipment, or work performed as a salesman of engineering
8 equipment or apparatus, shall not be deemed to be active
9 practice in engineering, unless such work has involved the
10 actual practice of engineering. Engineering and land surveying
11 work, performed under the supervision of a professional engineer
12 or land surveyor, respectively, shall be given full credit.
13 Whenever the board determines otherwise than by examination,
14 that an applicant has not produced sufficient evidence to show
15 that he is competent to be placed in responsible charge and
16 shall refuse to examine or to license such applicant, it shall
17 set forth in writing its findings and the reasons for its
18 conclusions and furnish a copy thereof to the applicant.
19 [(f)] (d) Examinations; Fees.--To prescribe the subjects,
20 manner, time and place of examinations for licenses as
21 professional engineers and professional land surveyors and for
22 certificates for engineers-in-training and surveyors-in-
23 training, and the filing of applications for such examinations,
24 and to prepare or provide for the preparation of such
25 examinations, conduct or provide for the conduct of such
26 examinations, to make written reports of such examinations,
27 which reports shall be preserved for a period of not less than
28 three years, to collect such fees for such examinations, and for
29 licenses and certificates issued without examination, as may be
30 fixed according to law, and to issue licenses and certificates
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1 to such persons as successfully pass such examinations.
2 [(g)] (e) Biennial Registrations; Fees.--To provide for,
3 regulate and require all persons licensed in accordance with the
4 provisions of this act and all persons licensed and registered
5 under prior laws of this Commonwealth, relating to the licensing
6 of professional engineers and professional land surveyors, to
7 register biennially with the board, to prescribe the form of
8 such registration, after consultation with the Commissioner of
9 Professional and Occupational Affairs and the payment of such
10 biennial registration fee, as shall be fixed according to law,
11 to issue biennial registration to such persons and to suspend or
12 revoke the license or registration of such persons as fail,
13 refuse or neglect to so register, or pay such fee within such
14 time as the board shall prescribe by its rules and regulations,
15 and to reinstate licenses and registrations of persons who shall
16 thereafter pay such registration fees in accordance with the
17 rules and regulations of the board.
18 [(h)] (f) Roster of Registrants.--To keep a roster showing
19 the names and addresses of[, the places of business of all]
20 professional engineers and professional land surveyors licensed
21 under this act, and under prior laws, and registered by the
22 board, which roster shall be published in booklet form by the
23 board [every five years. The roster shall also contain the names
24 and addresses of all engineers-in-training certified under this
25 act, and under prior laws, and registered by the board. In the
26 interim years following the publishing of the complete roster,
27 the board shall each year publish a supplemental roster
28 containing the names, registration numbers where applicable, and
29 addresses of all professional engineers, professional land
30 surveyors and engineers-in-training registered or certified by
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1 the board subsequent to the publishing of the last published
2 roster or supplemental roster] following each biennial renewal.
3 Copies of the roster [and supplemental roster] shall be
4 furnished upon request to each registered or certified person
5 and may be furnished to other persons upon such terms as the
6 board shall prescribe: Provided, however, That copies of the
7 roster [and supplemental roster] shall be furnished to the
8 Planning Commission and the prothonotary of each county in the
9 Commonwealth. The roster shall include a copy of this act and
10 the regulations of the board.
11 [(i)] (g) Suspension and Revocation of Licenses;
12 Registrations and Certificates; Reinstatements.--To suspend or
13 revoke the license and registration of any professional engineer
14 or professional land surveyor or the certificate of any
15 engineer-in-training or surveyor-in-training, who is found
16 guilty by the board, by a majority vote of all its members, of
17 the practice of any fraud, deceit or misrepresentation in
18 obtaining his license, certification or registration, or of
19 gross negligence, incompetency or misconduct in the practice of
20 engineering, or in the practice of land surveying, or of
21 violation of the code of ethics of the engineering profession,
22 and to reinstate suspended licenses, registrations and
23 certificates in any cases where a majority of all the members of
24 the board shall determine the same to be just and proper. Unless
25 ordered to do so by a court, the board shall not reinstate the
26 license, certificate or registration of a person to practice as
27 a professional engineer or professional land surveyor or an
28 engineer-in-training or a surveyor-in-training which has been
29 revoked, and such person shall be required to apply for a
30 license, certificate or registration after a period of five
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1 years in accordance with section 2 if he desires to practice at
2 any time after such revocation. Misconduct in the practice of
3 engineering or land surveying shall include, but not be limited
4 to conviction for a criminal offense such as extortion, bribery
5 or fraud or entry of a plea of nolo contendere to a charge
6 thereof for conduct relating to the practice of engineering or
7 land surveying, or has violated any provision of this act or any
8 regulation promulgated by the board. For the purposes of this
9 subsection, the code of ethics is as follows:
10 It shall be considered unprofessional and inconsistent with
11 honorable and dignified bearing for any professional engineer or
12 professional land surveyor:
13 (1) To act for his client or employer in professional
14 matters otherwise than as a faithful agent or trustee, or to
15 accept any remuneration other than his stated recompense for
16 services rendered.
17 (2) To attempt to injure falsely or maliciously, directly or
18 indirectly, the professional reputation, prospects or business
19 of anyone.
20 (3) To attempt to supplant another engineer or land surveyor
21 after definite steps have been taken toward his employment.
22 (4) To compete with another engineer or land surveyor for
23 employment by the use of unethical practices.
24 (5) To review the work of another engineer or land surveyor
25 for the same client, except with the knowledge of such engineer
26 or land surveyor, or unless the connection of such engineer or
27 land surveyor with the work has 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 in
6 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 or land surveying not in accordance with the
11 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 Such examiner shall also have the power to administer oaths.
25 The hearing examiner shall hear evidence submitted and
26 arguments of counsel, if any, with reasonable dispatch, and
27 shall promptly record his decision, supported by findings of
28 fact, and a copy thereof shall immediately be sent to the board
29 and to counsel of record, or the parties, if not represented.
30 If application for review is made to the board within twenty
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1 days from the date of any decision made as a result of a hearing
2 held by a hearing examiner, the board shall review the evidence,
3 and if deemed advisable by the board, hear argument and
4 additional evidence. As soon as practicable, the board shall
5 make a decision and shall file the same with its finding of the
6 facts on which it is based and send a copy thereof to each of
7 the parties in dispute.
8 [(j)] (h) Financial Requirements of Board.--(1) To submit
9 annually to the Department of State an estimate of the financial
10 requirements of the board for its administrative, investigative,
11 legal and miscellaneous expenses.
12 (2) To submit annually to the House and Senate
13 Appropriations Committees, fifteen days after the Governor has
14 submitted his budget to the General Assembly, a copy of the
15 budget request for the upcoming fiscal year which the board
16 previously submitted to the department.
17 [(k)] (i) Administration and Enforcement of Laws.--To
18 administer and enforce the laws of the Commonwealth relating to
19 the practice of engineering and land surveying, and to instruct
20 and require its agents to bring prosecutions for unauthorized
21 and unlawful practices.
22 [(l)] (j) Minutes and Records.--To keep minutes and records
23 of all its transactions and proceedings. Copies thereof duly
24 certified by the secretary of the board shall be received in
25 evidence in all courts and elsewhere.
26 [(m)] (k) Member of National Council of Engineering
27 Examiners; Dues.--To become a member of the National Council of
28 Engineering Examiners, and to pay such dues as said council
29 shall establish, and to send delegates to the annual meeting of
30 said council, and to defray their expenses.
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1 [(n)] (l) Administrative Rules and Regulations.--To adopt,
2 promulgate and enforce such administrative rules and
3 regulations, not inconsistent with this act, as are deemed
4 necessary and proper by the board to carry into effect the
5 powers conferred by this act.
6 [(o)] (m) Status of Complaints.--The board shall submit
7 annually a report to the Professional Licensure Committee of the
8 House of Representatives and to the Consumer Protection and
9 Professional Licensure Committee of the Senate a description of
10 the types of complaints received, status of cases, board action
11 which has been taken and the length of time from the initial
12 complaint to final board resolution.
13 Section 6. Section 4.1 of the act, added December 22, 1983
14 (P.L.348, No.87), is amended to read:
15 Section 4.1. [State Registration Board for Professional
16 Engineers] Board.--(a) The [State Registration Board for
17 Professional Engineers] board shall consist of the Commissioner
18 of Professional and Occupational Affairs, the Director of the
19 Bureau of Consumer Protection in the Office of Attorney General,
20 or his designee, two members appointed by the Governor who shall
21 be persons representing the public at large and [five] seven
22 members appointed by the Governor, [all] five of whom shall be
23 registered professional engineers and two of whom shall be
24 registered professional land surveyors and full-time
25 practitioners in the surveying profession. The professional
26 members of the board shall be so selected that not more than two
27 of them shall specialize in any one of the five major
28 disciplines of engineering: civil, mining and metallurgical,
29 mechanical, electrical and chemical. Each member of the board
30 shall be a citizen of the United States and a resident of this
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1 Commonwealth. Each professional member shall have been engaged
2 in the practice of the respective profession [of engineering]
3 for at least ten years and shall have been in responsible charge
4 of [engineering] work for at least five years.
5 (b) The terms of members of the board shall be six years, or
6 until his successor has been appointed and qualified but not
7 longer than six months beyond the six-year period. In the event
8 that any of said members shall die or resign during his term,
9 his successor shall be appointed in the same way and with the
10 same qualifications and shall hold office for the unexpired
11 term. No member shall be eligible for appointment to serve more
12 than two consecutive full terms.
13 (c) [Five] Six members of the board shall constitute a
14 quorum. A member may not be counted as part of a quorum or vote
15 on any issue, other than temporary and automatic suspension,
16 under this act unless he is physically in attendance at the
17 meeting.
18 (d) The board shall select annually a president from among
19 its members.
20 (e) Each member of the board, except the Commissioner of
21 Professional and Occupational Affairs and the Director of the
22 Bureau of Consumer Protection in the Office of Attorney General,
23 or his designee, shall receive sixty dollars per diem when
24 actually attending to the work of the board. Members shall also
25 receive the amount of reasonable traveling, hotel and other
26 necessary expenses incurred in the performance of their duties.
27 (f) The board is subject to evaluation, review and
28 termination within the time and in the manner provided in the
29 act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
30 Act."
19890S0709B0772 - 19 -
1 (g) A member of the board who fails to attend three
2 consecutive meetings shall forfeit his seat unless the
3 Commissioner of Professional and Occupational Affairs, upon
4 written request from the member, finds that the member should be
5 excused from a meeting because of illness or the death of a
6 family member.
7 (h) A public member who fails to attend two consecutive
8 statutorily mandated training seminars in accordance with
9 section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
10 known as "The Administrative Code of 1929," shall forfeit board
11 membership unless the Commissioner of Professional and
12 Occupational Affairs, upon written request from the public
13 member, finds that the public member should be excused from a
14 meeting because of illness or the death of a family member.
15 (i) The board, with the approval of the Commissioner of
16 Professional and Occupational Affairs, may employ and fix the
17 compensation and duties of necessary personnel to assist it in
18 the performance of its duties.
19 Section 7. The act is amended by adding sections to read:
20 Section 4.2. Procedure for Licensing as Professional
21 Engineer.--The procedure to become a licensed professional
22 engineer is a two-examination process coupled with education and
23 experience criteria:
24 (a) (1) The first step in the licensing process is to pass
25 the examination in engineering fundamentals and become certified
26 as an engineer-in-training. To qualify for this examination, the
27 examinee must produce satisfactory evidence of one of the
28 following:
29 (i) Graduation from an approved engineering curriculum of
30 four years or more.
19890S0709B0772 - 20 -
1 (ii) Eight or more years of progressive experience in
2 engineering work, and knowledge, skill and education
3 approximating that attained through graduation from an approved
4 engineering curriculum.
5 (2) Engineering students in their last two years of an
6 approved engineering curriculum may, with board approval, sit
7 for the examination; but they will not be certified until they
8 have shown proof of graduation.
9 (3) Satisfactorily passing the fundamentals examination
10 shall constitute a credit for life to the applicant or until the
11 applicant is licensed under this act as a professional engineer.
12 (b) Unless otherwise exempted by this act, all applicants
13 must pass an examination in engineering principles and practice.
14 To qualify for the principles and practice examination, the
15 examinee must be a certified engineer-in-training and have one
16 of the following:
17 (1) Four or more years of progressive experience in
18 engineering work under the supervision of a professional
19 engineer or a similarly qualified engineer of a grade and
20 character to fit him to assume responsible charge of the work
21 involved in the practice of engineering. Experience used to meet
22 the EIT requirement may not be reused.
23 (2) Four or more years of progressive teaching experience in
24 an approved curriculum under the supervision of a professional
25 engineer or a similarly qualified engineer of a grade or
26 character to fit him to assume responsible charge of the work
27 involved in the practice of engineering.
28 Section 4.3. Procedure for Licensing as Professional Land
29 Surveyor.--The procedure to become a licensed professional land
30 surveyor is a two-examination process coupled with education and
19890S0709B0772 - 21 -
1 experience criteria:
2 (a) (1) The first step in the licensing process is to pass
3 the examination in surveying fundamentals and become certified
4 as a surveyor-in-training. To qualify for this examination, the
5 examinee must produce satisfactory evidence of one of the
6 following:
7 (i) Graduation from an approved civil engineering curriculum
8 of four years or more, which includes at least ten credit hours
9 of surveying.
10 (ii) Six or more years of progressive experience in
11 surveying work, and knowledge, skill and education approximating
12 that attained through graduation from an approved civil
13 engineering curriculum.
14 (iii) An associate's degree in an approved surveying
15 technology curriculum.
16 (2) Satisfactorily passing the fundamentals examination
17 shall constitute a credit for life to the applicant or until the
18 applicant is licensed under this act as a professional land
19 surveyor.
20 (b) Unless otherwise exempted by this act, all applicants
21 must pass an examination in surveying principles and practice.
22 To qualify for the principles and practice examination, the
23 examinee must be a certified surveyor-in-training and have one
24 of the following:
25 (1) Four or more years of progressive experience in land
26 surveying work under the supervision of a professional land
27 surveyor or a similarly qualified surveyor of a grade or
28 character to fit him to assume responsible charge of the work
29 involved in the practice of land surveying. Experience used to
30 meet the surveyor-in-training requirements may not be reused.
19890S0709B0772 - 22 -
1 (2) Four or more years of progressive teaching experience in
2 an approved curriculum under the supervision of a professional
3 land surveyor or a similarly qualified surveyor of a grade and
4 character to fit him to assume responsible charge of the work
5 involved in the practice of land surveying.
6 Section 8. Section 5(a), (b), (f), (g) and (h) of the act,
7 amended December 13, 1979 (P.L.534, No.120), are amended and the
8 section is amended by adding a subsection to read:
9 Section 5. Exemption from Licensure and Registration.--
10 Except as specifically provided in this section, this act shall
11 not be construed to require licensure and registration in the
12 following cases:
13 (a) The practice of engineering or land surveying by any
14 person who acts under the supervision of a professional engineer
15 or professional land surveyor, respectively, or by an employe of
16 a person lawfully engaged in the practice of engineering or land
17 surveying and who, in either event, does not assume responsible
18 charge of design or supervisions;
19 (b) The practice of engineering or land surveying, not
20 exceeding thirty days in the aggregate in one calendar year, by
21 a nonresident not having a place of business in this
22 Commonwealth, if such person is legally qualified to engage in
23 the practice of engineering or land surveying in the state or
24 territory of his residence: Provided, That standards of such
25 state or territory are at least equal to the [standards of this
26 Commonwealth] requirements of the regulations of the board and
27 that the proper permit be obtained;
28 * * *
29 (f) The practice of engineering or land surveying by any
30 person or by any employe of any copartnership, association or
19890S0709B0772 - 23 -
1 corporation upon property owned by such person or such
2 copartnership, association or corporation, unless such practice
3 affects the public safety or health or the property of some
4 other person or entity.
5 (g) The practice of engineering or land surveying work by a
6 manufacturing, mining, communications common carrier, research
7 and development or other industrial corporation or by employes
8 of such corporation, provided such work is in connection with or
9 incidental to products of, or non-engineering services rendered
10 by, such corporation or its affiliates; except that the
11 corporation shall retain or employ at least one professional
12 engineer, who shall be in responsible charge of the
13 corporation's engineering work directly related to products,
14 services or activities which affect public safety, health or
15 welfare and shall retain or employ at least one professional
16 land surveyor, who shall be in responsible charge of the
17 corporation's land surveying work which affects public safety or
18 welfare or property rights of a person or entity.
19 (h) The running of lines or grades and layout work on or
20 within established property limits, [or from established points
21 outside the property limits to or within such property limits]
22 when performed by a contractor or home builder in conjunction
23 with the construction, reconstruction, alteration, maintenance
24 or demolition of a structure or other facility.
25 * * *
26 (j) The preparation of shop drawings or the performance of
27 construction management services by persons customarily engaged
28 in construction work.
29 Section 9. Sections 6 and 7 of the act, amended December 13,
30 1979 (P.L.534, No.120), are amended to read:
19890S0709B0772 - 24 -
1 Section 6. Practice by Firms and Corporations.--The practice
2 of engineering and of land surveying being the function of an
3 individual or of individuals working in concerted effort, it
4 shall be unlawful for any firm or corporation to engage in such
5 practice, or to offer to practice, or to assume use or advertise
6 any title or description conveying the impression that such firm
7 or corporation is engaged in or is offering to practice such
8 profession, unless the directing heads and employes of such firm
9 or corporation in responsible charge of its activities in the
10 practice of such profession are licensed and registered in
11 conformity with the requirements of this act, and whose name
12 [and], seal and signature, along with the date of signature,
13 shall be stamped on all plans, [specification plates]
14 specifications, plats and reports issued by such firm or
15 corporation.
16 Section 7. Seal of Registrants.--(a) Each person,
17 registered under this act, shall obtain a seal of a design
18 authorized by the board which shall bear the registrant's name
19 and number and the legend "Registered Professional Engineer" or
20 "Registered Professional Land Surveyor." Such seal, or a
21 facsimile imprint of same, shall be stamped on all plans,
22 specifications, [plates] plats and reports issued by a
23 professional engineer or professional land surveyor.
24 (b) It shall be unlawful for any person to use such seal
25 during the period the license or registration of the holder
26 thereof has been suspended or revoked, or to use a seal of any
27 design not approved by the board.
28 Section 10. Sections 9 and 10 of the act, amended December
29 22, 1983 (P.L.348, No.87), are amended to read:
30 Section 9. Fees.--(a) The fee for an applicant for
19890S0709B0772 - 25 -
1 licensure as a professional engineer or professional land
2 surveyor, including examination, and for examination or
3 certification, or both, as an engineer-in-training or a
4 surveyor-in-training, shall be as fixed by the board by
5 regulation and shall be subject to review in accordance with the
6 act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory
7 Review Act." If the revenues generated by fees, fines and civil
8 penalties imposed in accordance with the provisions of this act
9 are not sufficient to match expenditures over a two-year period,
10 the board shall increase those fees by regulation, subject to
11 review in accordance with the "Regulatory Review Act," such that
12 the projected revenues will meet or exceed projected
13 expenditures.
14 (b) If the Bureau of Professional and Occupational Affairs
15 determines that the fees established by the board are inadequate
16 to meet the minimum enforcement efforts required, then the
17 bureau, after consultation with the board, shall increase the
18 fees by regulation, subject to review in accordance with the
19 "Regulatory Review Act," such that adequate revenues are raised
20 to meet the required enforcement effort.
21 (c) All persons now qualified and engaged in the practice of
22 engineering and land surveying, or who shall hereafter be
23 licensed by the board, shall register, biennially, with the
24 board and pay the fee for each biennial registration. All fees
25 collected under the provisions of this act shall be received by
26 the board and shall be paid into the Professional Licensure
27 Augmentation Account.
28 Section 10. Status of Existing Licensees and Registrants
29 Preserved.--Any person, licensed or legally authorized to
30 practice as a professional engineer or professional land
19890S0709B0772 - 26 -
1 surveyor in this Commonwealth at the time this act takes effect,
2 shall thereafter continue to possess the same rights and
3 privileges with respect to the practice of engineering or land
4 surveying without being required to be licensed anew under the
5 provisions of this act.[, subject, however, to the following:
6 (a) Any person licensed to practice as a professional
7 engineer at the time of the effective date of this act, upon
8 application to the board within two years of the effective date
9 of this act, shall be granted a certificate of registration to
10 practice land surveying.
11 (a.1) Any person licensed to practice as a professional
12 engineer limited to the practice of surveying at the time of the
13 effective date of this act may continue the practice of land
14 surveying thereunder and upon application to the board at any
15 time shall be granted a certificate of registration to practice
16 land surveying.
17 (b) All] However, all actions shall be subject to the power
18 of the board as provided in this act to suspend or revoke the
19 license of any such person for any of the causes set forth in
20 this act, and subject to the power of the board to require any
21 such person to register biennially with the board as provided in
22 this act.
23 Section 11. The act is amended by adding sections to read:
24 Section 10.1. Temporary and Automatic Suspensions.--(a) A
25 license issued under this act may be temporarily suspended under
26 circumstances as determined by the board to be an immediate and
27 clear danger to the public health and safety. The board shall
28 issue an order to that effect without a hearing, but upon due
29 notice to the licensee concerned at his or her last known
30 address, which shall include a written statement of all
19890S0709B0772 - 27 -
1 allegations against the licensee. The board shall thereupon
2 commence formal action to suspend, revoke or restrict the
3 license of the person concerned as otherwise provided for in
4 this act. All actions shall be taken promptly and without delay.
5 Within thirty days following the issuance of an order
6 temporarily suspending a license, the board shall conduct, or
7 cause to be conducted, a preliminary hearing to determine that
8 there is a prima facie case supporting the suspension. The
9 licensee whose license has been temporarily suspended may be
10 present at the preliminary hearing and may be represented by
11 counsel, cross-examine witnesses, inspect physical evidence,
12 call witnesses, offer evidence and testimony and make a record
13 of the proceedings. If it is determined that there is not a
14 prima facie case, the suspended license shall be immediately
15 restored. The temporary suspension shall remain in effect until
16 vacated by the board, but in no event longer than one hundred
17 eighty days.
18 (b) A license issued under this act shall automatically be
19 suspended upon the legal commitment to an institution of a
20 licensee because of mental incompetency from any cause upon
21 filing with the board a certified copy of such commitment,
22 conviction of a felony under the act of April 14, 1972 (P.L.233,
23 No.64), known as "The Controlled Substance, Drug, Device and
24 Cosmetic Act," or conviction of an offense under the laws of
25 another jurisdiction, which, if committed in Pennsylvania, would
26 be a felony under "The Controlled Substance, Drug, Device and
27 Cosmetic Act." As used in this section, the term "conviction"
28 shall include a judgment, an admission of guilt or a plea of
29 nolo contendere. Automatic suspension under this subsection
30 shall not be stayed pending any appeal of a conviction.
19890S0709B0772 - 28 -
1 Restoration of such license shall be made as hereinafter
2 provided in the case of revocation or suspension of such
3 license.
4 (c) An attorney responsible for representing the
5 Commonwealth in disciplinary matters before the board shall
6 notify the board immediately upon receiving notification of an
7 alleged violation of this act. The board shall maintain current
8 records of all reports of alleged violations and periodically
9 review the records for the purpose of determining that each
10 alleged violation has been resolved in a timely manner.
11 Section 10.2. Reporting of Multiple Licensure.--Any licensee
12 of this Commonwealth who is also licensed to practice
13 engineering or land surveying in any other state, territory or
14 country shall report this information to the board on the
15 biennial renewal application. Any disciplinary action taken in
16 other states, territories or countries shall be reported to the
17 board on the biennial renewal application or within ninety days
18 of final disposition, whichever is sooner. Multiple licensure
19 shall be noted by the board on the engineer's or land surveyor's
20 record, and each state, territory or country shall be notified
21 by the board of any disciplinary action taken against the
22 licensee in this Commonwealth.
23 Section 10.3. Restoration of Licenses and/or
24 Registrations.--(a) Unless ordered to do so by Commonwealth
25 Court or an appeal therefrom, the board shall not reinstate the
26 license or registration of a person to practice engineering or
27 land surveying pursuant to this act, which license or
28 registration has been revoked. Any person whose license or
29 registration has been revoked may apply for reinstatement, after
30 a period of at least five years, but must meet all of the
19890S0709B0772 - 29 -
1 licensing qualifications of this act for the license applied
2 for, to include the examination requirement, if he or she
3 desires to practice at any time after such revocation.
4 (b) The board shall require a person whose license or
5 registration has been suspended or revoked to return the license
6 or registration in such manner as the board directs. Failure to
7 do so shall be a misdemeanor of the third degree.
8 (c) Application for the reissuance of a license and/or
9 registration shall be made in such manner as the board may
10 direct.
11 (d) If a person convicted of a felony or crime deemed to be
12 a felony is subsequently pardoned by the governor of the state
13 where such conviction was had or by the President of the United
14 States, or shall receive a certificate of good conduct granted
15 by the Board of Probation and Parole, the board may, in its
16 discretion, on application of such person and on the submission
17 of evidence satisfactory to the board, restore to such person
18 the engineering or land surveying license and/or registration.
19 Section 12. Section 11 of the act, amended December 22, 1983
20 (P.L.348, No.87), is amended to read:
21 Section 11. Penalties.--(a) Whoever shall engage in the
22 practice of engineering or the practice of land surveying
23 without being licensed and registered as required by this act,
24 or exempted therefrom, as provided in this act, or shall present
25 or attempt to use, as his own, the license or certificate of
26 registration of another, or shall give any false or forged
27 evidence of any kind to the board, or to any member thereof, in
28 order to obtain a license or registration as a professional
29 engineer or professional land surveyor or a certificate as an
30 engineer-in-training or surveyor-in-training, or shall use any
19890S0709B0772 - 30 -
1 expired, suspended or revoked certificate of registration, or
2 shall otherwise violate the provisions of this act, shall be
3 guilty of a summary offense and upon conviction thereof for a
4 first offense, shall be sentenced to pay a fine not exceeding
5 [five hundred] one thousand dollars, or suffer imprisonment, not
6 exceeding three months, or both and for a second or subsequent
7 offense shall be guilty of a felony, and upon conviction
8 thereof, shall be sentenced to pay a fine of not less than two
9 thousand dollars but not more than five thousand dollars or to
10 imprisonment for not less than one year but not more than two
11 years, or both.
12 (b) In addition to any other civil remedy or criminal
13 penalty provided for in this act, the board, by a vote of the
14 majority of the maximum number of the authorized membership of
15 the board as provided by law, or by a vote of the majority of
16 the duly qualified and confirmed membership or a minimum of
17 [four] six members, whichever is greater, may levy a civil
18 penalty of up to one thousand dollars on any current licensee
19 who violates any provision of this act or on any person who
20 practices the profession of an engineer or land surveyor without
21 being properly licensed to do so under this act. The board shall
22 levy this penalty only after affording the accused party the
23 opportunity for a hearing, as provided in Title 2 of the
24 Pennsylvania Consolidated Statutes (relating to administrative
25 law and procedure).
26 (c) All fines and civil penalties imposed in accordance with
27 this section shall be paid into the Professional Licensure
28 Augmentation Account.
29 Section 13. The act is amended by adding sections to read:
30 Section 11.1. Injunction Against Unlawful Practice.--It
19890S0709B0772 - 31 -
1 shall be unlawful for any person to practice or attempt to offer
2 to practice engineering or land surveying, as defined in this
3 act, without having at the time of so doing a valid, unexpired,
4 unrevoked and unsuspended license issued under this act. The
5 unlawful practice of engineering or land surveying, as defined
6 in this act, may be enjoined by the courts on petition of the
7 board or the Commissioner of Professional and Occupational
8 Affairs. In any such proceeding, it shall not be necessary to
9 show that any person is individually injured by the actions
10 complained of. If the respondent is found guilty of the unlawful
11 practice of engineering or land surveying, the court shall
12 enjoin him from so practicing unless and until he has been duly
13 licensed. Procedure in such cases shall be the same as in any
14 other injunction suit. The remedy by injunction hereby given is
15 in addition to any other civil or criminal prosecution and
16 punishment.
17 Section 11.2. Investigative Subpoena.--The board shall have
18 the authority to issue subpoenas, upon application of an
19 attorney responsible for representing the Commonwealth in
20 disciplinary matters before the board, for the purpose of
21 investigating alleged violations of the disciplinary provisions
22 administered by the board. The board shall have the power to
23 subpoena witnesses, to administer oaths, to examine witnesses
24 and to take such testimony or compel the production of such
25 books, records, papers and documents as it may deem necessary or
26 proper in, and pertinent to, any proceeding, investigation or
27 hearing held or had by it. Client records may not be subpoenaed
28 without consent of the client or without order of a court of
29 competent jurisdiction on a showing that the records are
30 reasonably necessary for the conduct of the investigation. The
19890S0709B0772 - 32 -
1 court may impose such limitations on the scope of the subpoenas
2 as are necessary to prevent unnecessary intrusion in client
3 confidential information. The board is authorized to apply to
4 the Commonwealth Court to enforce its subpoenas.
5 Section 14. This act shall take effect in 60 days.
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