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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 844, 1354, 1799,         PRINTER'S NO. 2171
        1911

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 655 Session of 2005


        INTRODUCED BY MADIGAN, STOUT, O'PAKE, M. WHITE, COSTA, RAFFERTY,
           RHOADES, BOSCOLA, D. WHITE, ORIE AND WONDERLING, MAY 26, 2005

        AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 17, 2006

                                     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 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  AMENDING THE ACT OF MAY 23, 1945 (P.L.913, NO.367), ENTITLED, AS  <--
    23     AMENDED, "AN ACT RELATING TO AND REGULATING THE PRACTICE OF
    24     THE PROFESSION OF ENGINEERING, INCLUDING CIVIL ENGINEERING,
    25     MECHANICAL ENGINEERING, ELECTRICAL ENGINEERING, MINING
    26     ENGINEERING AND CHEMICAL ENGINEERING, THE PROFESSION OF LAND
    27     SURVEYING AND THE PROFESSION OF GEOLOGY AND CONSTITUENT PARTS
    28     AND COMBINATIONS THEREOF AS HEREIN DEFINED; PROVIDING FOR THE
    29     LICENSING AND REGISTRATION OF PERSONS PRACTICING SAID
    30     PROFESSION, AND THE CERTIFICATION OF ENGINEERS-IN-TRAINING
    31     AND SURVEYORS-IN-TRAINING, AND THE SUSPENSION AND REVOCATION


     1     OF SAID LICENSES, REGISTRATIONS AND CERTIFICATIONS FOR
     2     VIOLATION OF THIS ACT; PRESCRIBING THE POWERS AND DUTIES OF
     3     THE STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND
     4     SURVEYORS AND GEOLOGISTS, THE DEPARTMENT OF STATE AND THE
     5     COURTS; PRESCRIBING PENALTIES; AND REPEALING EXISTING LAWS,"
     6     FURTHER PROVIDING FOR GENERAL POWERS OF THE STATE
     7     REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS
     8     AND GEOLOGISTS; AND PROVIDING FOR CONTINUING EDUCATION
     9     REQUIREMENTS.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 2 of the act of May 23, 1945 (P.L.913,     <--
    13  No.367), known as the Engineer, Land Surveyor and Geologist
    14  Registration Law, is amended by adding a subsection to read:
    15     Section 2.  Definitions.--As used in this act--
    16     * * *
    17     (o)  "Geologist-in-training" means a candidate for licensure
    18  as a professional geologist who has been granted a certificate
    19  as a geologist-in-training after successfully passing the
    20  required written examination in fundamental geology subjects and
    21  who shall be eligible, upon completion of the requisite years of
    22  experience in geology under the supervision of a professional or
    23  similarly qualified geologist, for the final examination
    24  prescribed for licensure as a professional geologist.
    25     Section 2.  Section 3 of the act, amended December 16, 1992
    26  (P.L.1151, No.151), is amended to read:
    27     Section 3.  Practice of Engineering, Land Surveying or
    28  Geology Without Licensure and Registration Prohibited.--(a)  In
    29  order to safeguard life, health or property and to promote the
    30  general welfare, it is unlawful for any person to practice or to
    31  offer to practice engineering in this Commonwealth, unless he is
    32  licensed and registered under the laws of this Commonwealth as a
    33  professional engineer, for any person to practice or to offer to
    34  practice land surveying, unless he is licensed and registered
    20050S0655B2171                  - 2 -     

     1  under the laws of this Commonwealth as a professional land
     2  surveyor or for any person to practice or to offer to practice
     3  geology unless he is licensed and registered under the laws of
     4  this Commonwealth as a professional geologist. Individuals
     5  licensed as professional engineers, professional land surveyors
     6  or registered landscape architects may perform geological work
     7  which is incidental to their engineering, surveying or landscape
     8  architecture without being licensed as a professional geologist.
     9     (b)  A person shall be construed to practice or offer to
    10  practice engineering, land surveying or geology who practices
    11  any branch of the profession of engineering, land surveying or
    12  geology; or who, by verbal claim, sign, advertisement,
    13  letterhead, card, or in any other way represents himself to be
    14  an engineer, land surveyor or geologist, or through the use of
    15  some other title implies that he is an engineer, land surveyor
    16  or geologist or that he is registered under this act; or who
    17  holds himself out as able to perform, or who does perform any
    18  engineering, land surveying or geological service or work or any
    19  other service designated by the practitioner or recognized as
    20  engineering, land surveying or geology.
    21     (c)  Notwithstanding subsection (b), the title "engineer" may
    22  only be used by an individual licensed as a professional
    23  engineer unless the individual is one of the following:
    24     (1)  A locomotive engineer.
    25     (2)  An operating engineer.
    26     (3)  A project engineer in the construction industry.
    27     Section 3.  Sections 4(d) and (g) and 4.4(a) of the act,
    28  amended or added December 16, 1992 (P.L.1151, No.151), are
    29  amended and the sections are amended by adding subsections to
    30  read:
    20050S0655B2171                  - 3 -     

     1     Section 4.  General Powers of Board.--The board shall have
     2  power--
     3     * * *
     4     (d)  Examinations; Fees.--To prescribe the subjects, manner,
     5  time and place of examinations for licenses as professional
     6  engineers, professional land surveyors and professional
     7  geologists and for certificates for engineers-in-training,
     8  geologists-in-training and surveyors-in-training, and the filing
     9  of applications for such examinations, and to prepare or provide
    10  for the preparation of such examinations, conduct or provide for
    11  the conduct of such examinations, to make written reports of
    12  such examinations, which reports shall be preserved for a period
    13  of not less than three years, to collect such fees for such
    14  examinations, and for licenses and certificates issued without
    15  examination, as may be fixed according to law, and to issue
    16  licenses and certificates to such persons as successfully pass
    17  such examinations.
    18     * * *
    19     (g)  Suspension and Revocation of Licenses; Registrations and
    20  Certificates; Reinstatements.--To suspend or revoke the license
    21  and registration of any professional engineer, professional land
    22  surveyor or professional geologist or the certificate of any
    23  engineer-in-training, geologist-in-training or surveyor-in-
    24  training, who is found guilty by the board, by a majority vote
    25  of all its members, of the practice of any fraud, deceit or
    26  misrepresentation in obtaining his license, certification or
    27  registration, or of gross negligence, incompetency or misconduct
    28  in the practice of engineering, in the practice of land
    29  surveying or in the practice of geology, or of violation of the
    30  code of ethics of the engineering profession, and to reinstate
    20050S0655B2171                  - 4 -     

     1  suspended licenses, registrations and certificates in any cases
     2  where a majority of all the members of the board shall determine
     3  the same to be just and proper. Unless ordered to do so by a
     4  court, the board shall not reinstate the license, certificate or
     5  registration of a person to practice as a professional engineer,
     6  professional land surveyor, professional geologist or an
     7  engineer-in-training, geologist-in-training or a surveyor-in-
     8  training which has been revoked, and such person shall be
     9  required to apply for a license, certificate or registration
    10  after a period of five years in accordance with section 2 if he
    11  desires to practice at any time after such revocation. The board
    12  shall require a person whose license or registration has been
    13  suspended or revoked to return the license or registration in
    14  such manner as the board directs. Failure to do so shall be a
    15  misdemeanor of the third degree. Misconduct in the practice of
    16  engineering, land surveying or geology shall include, but not be
    17  limited to conviction for a criminal offense such as extortion,
    18  bribery or fraud or entry of a plea of nolo contendere to a
    19  charge thereof for conduct relating to the practice of
    20  engineering, land surveying or geology, or has violated any
    21  provision of this act or any regulation promulgated by the
    22  board. For the purposes of this subsection, the code of ethics
    23  is as follows:
    24     It shall be considered unprofessional and inconsistent with
    25  honorable and dignified bearing for any professional engineer,
    26  professional land surveyor or professional geologist:
    27     (1)  To act for his client or employer in professional
    28  matters otherwise than as a faithful agent or trustee, or to
    29  accept any remuneration other than his stated recompense for
    30  services rendered.
    20050S0655B2171                  - 5 -     

     1     (2)  To attempt to injure falsely or maliciously, directly or
     2  indirectly, the professional reputation, prospects or business
     3  of anyone.
     4     (3)  To attempt to supplant another engineer, land surveyor
     5  or geologist after definite steps have been taken toward his
     6  employment.
     7     (4)  To compete with another engineer, land surveyor or
     8  geologist for employment by the use of unethical practices.
     9     (5)  To review the work of another engineer, land surveyor or
    10  geologist for the same client, except with the knowledge of such
    11  engineer, land surveyor or geologist, or unless the connection
    12  of such engineer, land surveyor or geologist with the work has
    13  terminated.
    14     (6)  To attempt to obtain or render technical services or
    15  assistance without fair and just compensation commensurate with
    16  the services rendered: Provided, however, the donation of such
    17  services to a civic, charitable, religious or eleemosynary
    18  organization shall not be deemed a violation.
    19     (7)  To advertise in self-laudatory language, or in any other
    20  manner, derogatory to the dignity of the profession.
    21     (8)  To attempt to practice in any field of engineering, land
    22  surveying or geology in which the registrant is not proficient.
    23     (9)  To use or permit the use of his professional seal on
    24  work over which he was not in responsible charge.
    25     (10)  To aid or abet any person in the practice of
    26  engineering, land surveying or geology not in accordance with
    27  the provision of this act or prior laws.
    28     The board shall appoint, with the approval of the Governor,
    29  such hearing examiners as shall be necessary to conduct hearings
    30  as may be required under this subsection.
    20050S0655B2171                  - 6 -     

     1     The board shall have the power to adopt and promulgate rules
     2  and regulations setting forth the functions, powers, standards
     3  and duties to be followed by the hearing examiners.
     4     The hearing examiners shall have the power to conduct
     5  hearings in accordance with the regulations of the board, and to
     6  issue subpoenas requiring the attendance and testimony of
     7  individuals or the production of, pertinent books, records,
     8  documents and papers by persons whom they believe to have
     9  information relevant to any matter pending before the examiner.
    10     The hearing examiners shall have the power to conduct
    11  hearings in accordance with the regulations of the board, and to
    12  issue subpoenas requiring the attendance and testimony of
    13  individuals or the production of, pertinent books, records,
    14  documents and papers by persons whom they believe to have
    15  information relevant to any matter pending before the examiner.
    16  Such examiner shall also have the power to administer oaths.
    17     The hearing examiner shall hear evidence submitted and
    18  arguments of counsel, if any, with reasonable dispatch, and
    19  shall promptly record his decision, supported by findings of
    20  fact, and a copy thereof shall immediately be sent to the board
    21  and to counsel of record, or the parties, if not represented.
    22     If application for review is made to the board within twenty
    23  days from the date of any decision made as a result of a hearing
    24  held by a hearing examiner, the board shall review the evidence,
    25  and if deemed advisable by the board, hear argument and
    26  additional evidence. As soon as practicable, the board shall
    27  make a decision and shall file the same with its finding of the
    28  facts on which it is based and send a copy thereof to each of
    29  the parties in dispute.
    30     * * *
    20050S0655B2171                  - 7 -     

     1     (n)  Member of National Association of State Boards of
     2  Geology; Dues.--To become a member of the National Association
     3  of State Boards of Geology, to pay dues as the association shall
     4  establish, to send delegates to the annual meeting of the
     5  association and to defray their expenses.
     6     Section 4.4.  Procedure for Licensing as Professional
     7  Geologist.--(a)  [The board shall provide for a licensure
     8  examination. All written, oral and practical examinations shall
     9  be prepared and administered by a qualified and approved
    10  professional testing organization in the manner prescribed for
    11  written examinations by the provisions of section 812.1 of the
    12  act of April 9, 1929 (P.L.177, No.175), known as "The
    13  Administrative Code of 1929." However, during the first two
    14  years after the effective date of this act, the board shall
    15  issue licenses without examination to applicants who meet the
    16  requirements of subsection (b)(1), (2), (3) and (5). The board
    17  may further postpone the examination for up to two additional
    18  years if necessary in order to provide for an examination in
    19  accordance with section 812.1 of "The Administrative Code of
    20  1929."] An applicant for licensure as a professional geologist
    21  shall satisfactorily complete the fundamentals of geology
    22  examination and provide the board with satisfactory evidence of
    23  experience that would have prepared the applicant for the
    24  practice of geology.
    25     * * *
    26     (c)  (1)  An applicant for the geologist-in-training
    27  certificate shall provide satisfactory evidence of graduation
    28  from an approved geology curriculum of four or more years.
    29     (2)  A geology student that has completed two or more years
    30  of an approved program in geology may sit for the fundamentals
    20050S0655B2171                  - 8 -     

     1  of geology examination if approved by the board but may not be
     2  certified until proof of graduation is submitted to the board.
     3     (d)  Upon graduation an applicant that has satisfactorily
     4  completed the fundamentals of geology examination shall be
     5  certified as a geologist-in-training and may retain that
     6  certification until the applicant becomes licensed as a
     7  professional geologist.
     8     Section 4.  The act is amended by adding sections to read:
     9     Section 4.5.  Continuing Professional Competency
    10  Requirements.--(a)  In order to help safeguard life, health and
    11  property and to promote the public welfare, the practice of
    12  professional engineering, professional land surveying and
    13  professional geology in this Commonwealth requires continuing
    14  professional competency.
    15     (b)  Each in-State and out-of-State licensee shall be
    16  required to meet the continuing professional competency
    17  requirements of this section as a condition for licensure
    18  renewal. Continuing professional competency obtained by a
    19  licensee should maintain, improve or expand skills and knowledge
    20  obtained prior to initial licensure or develop new and relevant
    21  skills and knowledge.
    22     (c)  Each licensee shall be required to obtain twenty-four
    23  PDH units during the biennial renewal period. If a licensee
    24  exceeds the requirement in any renewal period, a maximum of
    25  twelve PDH units may be carried forward into the subsequent
    26  renewal period. PDH units may be earned as follows:
    27     (1)  Successful completion of college courses relevant to
    28  professional practice.
    29     (2)  Successful completion of continuing education courses
    30  relevant to professional practice of engineering.
    20050S0655B2171                  - 9 -     

     1     (3)  Successful completion of correspondence, televised,
     2  videotaped and other short courses or tutorials relevant to
     3  professional practice.
     4     (4)  Presenting or attending qualifying seminars, in-house
     5  courses, workshops or professional or technical presentations
     6  made at meetings, conventions or conferences relevant to
     7  professional practice.
     8     (5)  Teaching or instructing in any of the activities listed
     9  in clauses (1) through (4).
    10     (6)  Authoring published papers, articles, books or accepted
    11  licensing examination items.
    12     (7)  Actively participating in professional or technical
    13  societies relevant to professional practice. A licensee shall
    14  serve as an officer or actively participate in a committee of
    15  the organization in order to receive credit. PDH credits shall
    16  not be earned until the end of each year of service completed.
    17     (8)  Obtaining patents.
    18     (d)  (1)  Except as provided in clause (2), units of other
    19  types of credit shall be converted to PDH units as follows:
    20     (i)  One college or unit semester hour shall equal forty-five
    21  PDH units.
    22     (ii)  One college or unit quarter hour shall equal thirty PDH
    23  units.
    24     (iii)  One continuing education unit shall equal ten PDH
    25  units.
    26     (iv)  One hour of professional development in course work,
    27  seminars or professional or technical presentations made at
    28  meetings, conventions or conferences shall equal one PDH unit.
    29     (v)  Each published paper, article or book shall equal ten
    30  PDH units.
    20050S0655B2171                 - 10 -     

     1     (vi)  Active participation in a professional and technical
     2  society relevant to the professional practice shall equal, for
     3  each organization, two PDH units.
     4     (vii)  Each patent obtained shall equal ten PDH units.
     5     (2)  Teaching any of the activities listed in clause (1)(i)
     6  through (iv) shall equal double the amount of PDH units provided
     7  for in those subclauses. Teaching credit shall be awarded for
     8  teaching a course or seminar for the first time only, but shall
     9  not be awarded to full-time faculty in the performance of their
    10  duties at their employing institutions.
    11     (e)  The board shall have final authority with respect to
    12  approval of courses, credit, PDH value for courses and other
    13  methods of earning credit. Credit determination for activities
    14  listed in subsection (d)(1)(v) and (vii) shall be the
    15  responsibility of the licensee.
    16     (f)  The licensee shall be responsible for maintaining
    17  records to be used to support credits claimed. Required records
    18  shall include all of the following:
    19     (1)  A log showing the type of activity claimed, sponsoring
    20  organization, location, duration, instructor's or speaker's name
    21  and PDH credits earned.
    22     (2)  Attendance verification records in the form of
    23  completion certificates or other documents supporting evidence
    24  of attendance.
    25     (g)  A licensee may be exempt from the requirements of this
    26  section for any of the following reasons:
    27     (1)  New licensees who are licensed as a result of
    28  examination or comity shall be exempt for their first renewal
    29  period.
    30     (2)  A licensee serving on temporary active duty in the armed
    20050S0655B2171                 - 11 -     

     1  forces of the United States for a period of time exceeding one
     2  hundred twenty consecutive days in a year shall be exempt from
     3  obtaining the professional development hours required during
     4  that year.
     5     (3)  Licensees experiencing physical disability, illness or
     6  other extenuating circumstances as reviewed and approved by the
     7  board may be exempt. Supporting documentation must be furnished
     8  to the board.
     9     (4)  Licensees who list their occupation as retired or
    10  inactive on the board-approved renewal form and who certify that
    11  they are no longer receiving any remuneration for providing
    12  professional services shall be exempt from the professional
    13  development hours requirement. In the event such a person elects
    14  to return to active practice, professional development hours
    15  must be earned before returning to active practice for each year
    16  exempted, not to exceed the biennial renewal requirements.
    17     (h)  A licensee may bring an inactive license to active
    18  status by obtaining all delinquent PDH units, except that under
    19  no circumstance shall a licensee be required to obtain more than
    20  twenty-four PDH units to restore an inactive license.
    21     (i)  The continuing professional competency requirements of
    22  this section are satisfied when a nonresident certifies to be
    23  licensed in and has met the mandatory continuing professional
    24  competency requirements of any jurisdiction approved and listed
    25  by the board.
    26     (j)  The following words and phrases shall have the meanings
    27  given to them in this subsection:
    28     "Activity" shall mean any qualifying activity with a clear
    29  purpose and objective which will maintain, improve or expand the
    30  skills and knowledge relevant to a licensee's professional
    20050S0655B2171                 - 12 -     

     1  practice.
     2     "College or Unit Semester Hour" or "College or Unit Quarter
     3  Hour" shall mean credit for courses in ABET-approved programs or
     4  other related college courses.
     5     "Continuing Education Unit" shall mean a unit of credit
     6  customarily used for continuing education courses.
     7     "Course" shall mean any qualifying course with a clear
     8  purpose and objective which will maintain, improve or expand the
     9  skills and knowledge relevant to a licensee's professional
    10  practice.
    11     "Professional Development Hour" or "PDH" shall mean a contact
    12  hour of instruction or presentation relevant to professional
    13  practice.
    14     Section 5.  Section 6 of the act, amended December 16, 1992
    15  (P.L.1151, No.151), is amended to read:
    16     Section 6.  Practice by Firms and Corporations.--The practice
    17  of engineering, of land surveying and of geology being the
    18  function of an individual or of individuals working in concerted
    19  effort, it shall be unlawful for any firm or corporation to
    20  engage in such practice, or to offer to practice, or to assume
    21  use or advertise any title or description, including the use of
    22  the term "engineer" or "engineering" in its firm or corporate
    23  name, conveying the impression that such firm or corporation is
    24  engaged in or is offering to practice such profession, unless
    25  the directing heads and employes of such firm or corporation in
    26  responsible charge of its activities in the practice of such
    27  profession are licensed and registered in conformity with the
    28  requirements of this act, and whose name, seal and signature,
    29  along with the date of signature, shall be stamped on all plans,
    30  specifications, plats and reports issued by such firm or
    20050S0655B2171                 - 13 -     

     1  corporation.
     2     Section 6.  This act shall take effect in 60 days.
     3     SECTION 1.  SECTION 4(L) OF THE ACT OF MAY 23, 1945 (P.L.913,  <--
     4  NO.367), KNOWN AS THE ENGINEER, LAND SURVEYOR AND GEOLOGIST
     5  REGISTRATION LAW, AMENDED DECEMBER 16, 1992 (P.L.1151, NO.151),
     6  IS AMENDED TO READ:
     7     SECTION 4.  GENERAL POWERS OF BOARD.--THE BOARD SHALL HAVE
     8  POWER--
     9     * * *
    10     (L)  ADMINISTRATIVE RULES AND REGULATIONS.--TO ADOPT,
    11  PROMULGATE AND ENFORCE SUCH ADMINISTRATIVE RULES AND
    12  REGULATIONS, NOT INCONSISTENT WITH THIS ACT, AS ARE DEEMED
    13  NECESSARY AND PROPER BY THE BOARD TO CARRY INTO EFFECT THE
    14  POWERS CONFERRED BY THIS ACT[.], WHICH SHALL INCLUDE
    15  ESTABLISHING REQUIREMENTS FOR CONTINUING EDUCATION TO BE
    16  FULFILLED BY INDIVIDUALS LICENSED AND REGISTERED UNDER THIS ACT.
    17  THE RULES AND REGULATIONS SHALL INCLUDE ANY FEES NECESSARY FOR
    18  THE BOARD TO CARRY OUT ITS RESPONSIBILITIES REGARDING
    19  ESTABLISHING CONTINUING EDUCATION REQUIREMENTS.
    20     * * *
    21     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    22     SECTION 4.5.  MANDATORY CONTINUING EDUCATION.--(A)  THE BOARD
    23  SHALL ADOPT, PROMULGATE AND ENFORCE ADMINISTRATIVE RULES AND
    24  REGULATIONS ESTABLISHING REQUIREMENTS OF CONTINUING EDUCATION TO
    25  BE FULFILLED BY INDIVIDUALS LICENSED AND REGISTERED UNDER THIS
    26  ACT. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, BEGINNING
    27  WITH THE LICENSURE PERIOD DESIGNATED BY REGULATION, INDIVIDUALS
    28  LICENSED AND REGISTERED UNDER THIS ACT SHALL BE REQUIRED TO
    29  COMPLETE TWENTY-FOUR HOURS OF MANDATORY CONTINUING EDUCATION
    30  DURING EACH TWO-YEAR LICENSURE PERIOD AS A CONDITION OF BIENNIAL
    20050S0655B2171                 - 14 -     

     1  RENEWAL.
     2     (B)  AN INDIVIDUAL APPLYING FOR INITIAL LICENSURE AND
     3  REGISTRATION SHALL BE EXEMPT FROM THE REQUIREMENT SET FORTH IN
     4  SUBSECTION (A) FOR THE LICENSURE PERIOD IMMEDIATELY FOLLOWING
     5  INITIAL LICENSURE AND REGISTRATION.
     6     (C)  THE BOARD MAY WAIVE ALL OR A PORTION OF THE CONTINUING
     7  EDUCATION REQUIREMENT ESTABLISHED IN SUBSECTION (A) FOR AN
     8  INDIVIDUAL LICENSED AND REGISTERED UNDER THIS ACT WHO SHOWS TO
     9  THE SATISFACTION OF THE BOARD THAT THE INDIVIDUAL WAS UNABLE TO
    10  COMPLETE THE REQUIREMENTS DUE TO SERIOUS ILLNESS, MILITARY
    11  SERVICE OR OTHER DEMONSTRATED HARDSHIP. THE REQUEST SHALL BE
    12  MADE IN WRITING, WITH APPROPRIATE DOCUMENTATION, AND SHALL
    13  INCLUDE A DESCRIPTION OF CIRCUMSTANCES SUFFICIENT TO SHOW WHY
    14  THE INDIVIDUAL IS UNABLE TO COMPLY WITH THE CONTINUING EDUCATION
    15  REQUIREMENT SET FORTH IN SUBSECTION (A). REQUESTS FOR WAIVER OF
    16  THE CONTINUING EDUCATION REQUIREMENT SHALL BE EVALUATED BY THE
    17  BOARD ON A CASE-BY-CASE BASIS. THE BOARD SHALL SEND THE
    18  INDIVIDUAL WRITTEN NOTIFICATION OF ITS APPROVAL OR DENIAL OF THE
    19  REQUEST FOR WAIVER.
    20     (D)  AN INDIVIDUAL SEEKING TO REINSTATE AN INACTIVE OR LAPSED
    21  LICENSE AND REGISTRATION SHALL SHOW PROOF OF COMPLIANCE WITH THE
    22  CONTINUING EDUCATION REQUIREMENT FOR THE PRECEDING BIENNIAL
    23  RENEWAL PERIOD.
    24     (E)  ALL COURSES, LOCATIONS, INSTRUCTORS AND PROVIDERS OF
    25  MANDATORY CONTINUING EDUCATION SHALL BE APPROVED BY THE BOARD.
    26  HOWEVER, NO CREDIT SHALL BE GIVEN FOR A COURSE IN PRACTICE
    27  BUILDING OR OFFICE MANAGEMENT.
    28     (F)  THE BOARD SHALL PROMULGATE REGULATIONS TO CARRY OUT THE
    29  PROVISIONS OF THIS SECTION WITHIN EIGHTEEN MONTHS OF THE
    30  EFFECTIVE DATE OF THIS SECTION.
    20050S0655B2171                 - 15 -     

     1     SECTION 3.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.




















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