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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ADOLPH, KILLION, MUSTIO, BOYD, BRENNAN, DENLINGER, GEIST, GINGRICH, GROVE, HARHAI, HARHART, KULA, LONGIETTI, MILLER, MOUL, PAYNE, REICHLEY, SCAVELLO, SIPTROTH, WATSON AND YUDICHAK, MARCH 18, 2009 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 18, 2009 |
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| AN ACT |
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1 | Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as |
2 | amended, "An act relating to and regulating the practice of |
3 | the profession of engineering, including civil engineering, |
4 | mechanical engineering, electrical engineering, mining |
5 | engineering and chemical engineering, the profession of land |
6 | surveying and the profession of geology and constituent parts |
7 | and combinations thereof as herein defined; providing for the |
8 | licensing and registration of persons practicing said |
9 | profession, and the certification of engineers-in-training |
10 | and surveyors-in-training, and the suspension and revocation |
11 | of said licenses, registrations and certifications for |
12 | violation of this act; prescribing the powers and duties of |
13 | the State Registration Board for Professional Engineers, Land |
14 | Surveyors and Geologists, the Department of State and the |
15 | courts; prescribing penalties; and repealing existing laws," |
16 | providing for continuing professional competency and |
17 | education requirements; and further providing for practice by |
18 | firms and corporations. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 4.5 of the act of May 23, 1945 (P.L.913, |
22 | No.367), known as the Engineer, Land Surveyor and Geologist |
23 | Registration Law, added November 29, 2006 (P.L.1534, No.170), is |
24 | amended to read: |
25 | Section 4.5. [Mandatory Continuing Education.--(a) The |
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1 | board shall adopt, promulgate and enforce administrative rules |
2 | and regulations establishing requirements of continuing |
3 | education to be fulfilled by individuals licensed and registered |
4 | under this act. Except as otherwise provided in this section, |
5 | beginning with the licensure period designated by regulation, |
6 | individuals licensed and registered under this act shall be |
7 | required to complete twenty-four hours of mandatory continuing |
8 | education during each two-year licensure period as a condition |
9 | of biennial renewal. |
10 | (b) An individual applying for initial licensure and |
11 | registration shall be exempt from the requirement set forth in |
12 | subsection (a) for the licensure period immediately following |
13 | initial licensure and registration. |
14 | (c) The board may waive all or a portion of the continuing |
15 | education requirement established in subsection (a) for an |
16 | individual licensed and registered under this act who shows to |
17 | the satisfaction of the board that the individual was unable to |
18 | complete the requirements due to serious illness, military |
19 | service or other demonstrated hardship. The request shall be |
20 | made in writing, with appropriate documentation, and shall |
21 | include a description of circumstances sufficient to show why |
22 | the individual is unable to comply with the continuing education |
23 | requirement set forth in subsection (a). Requests for waiver of |
24 | the continuing education requirement shall be evaluated by the |
25 | board on a case-by-case basis. The board shall send the |
26 | individual written notification of its approval or denial of the |
27 | request for waiver. |
28 | (d) An individual seeking to reinstate an inactive or lapsed |
29 | license and registration shall show proof of compliance with the |
30 | continuing education requirement for the preceding biennial |
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1 | renewal period. |
2 | (e) All courses, locations, instructors and providers of |
3 | mandatory continuing education shall be approved by the board. |
4 | However, no credit shall be given for a course in practice |
5 | building or office management. |
6 | (f) The board shall promulgate regulations to carry out the |
7 | provisions of this section within eighteen months of the |
8 | effective date of this section.] Continuing Professional |
9 | Competency Requirements.--(a) In order to help safeguard life, |
10 | health and property and to promote the public welfare, the |
11 | practice of professional engineering, professional land |
12 | surveying and professional geology in this Commonwealth requires |
13 | continuing professional competency. |
14 | (b) Each licensee shall be required to meet the continuing |
15 | professional competency requirements of this section as a |
16 | condition for licensure renewal. Continuing professional |
17 | competency obtained by a licensee should maintain, improve or |
18 | expand skills and knowledge obtained prior to initial licensure |
19 | or develop new and relevant skills and knowledge. |
20 | (c) Each licensee shall be required to obtain twenty-four |
21 | PDH units during the biennial renewal period. If a licensee |
22 | exceeds the requirement in any renewal period, a maximum of |
23 | twelve PDH units may be carried forward into the subsequent |
24 | renewal period. PDH units may be earned as follows: |
25 | (1) Successful completion of college courses relevant to |
26 | professional practice. |
27 | (2) Completion of continuing education courses relevant to |
28 | professional practice. |
29 | (3) Completion of correspondence, televised, videotaped and |
30 | other short courses or tutorials relevant to professional |
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1 | practice. |
2 | (4) Completion of seminars, employer-sponsored courses, |
3 | workshops or professional or technical presentations made at |
4 | meetings, conventions or conferences relevant to professional |
5 | practice. |
6 | (5) Teaching, presenting or instructing in any of the |
7 | activities listed in clauses (1), (2), (3) and (4). |
8 | (6) Authoring published papers, articles or books relevant |
9 | to professional practice. |
10 | (7) Obtaining patents relevant to professional practice. |
11 | (d) (1) Except as provided in clause (2), units of other |
12 | types of credit shall be converted to PDH units as follows: |
13 | (i) One college or unit semester hour shall equal forty-five |
14 | PDH units. |
15 | (ii) One college or unit quarter hour shall equal thirty PDH |
16 | units. |
17 | (iii) One continuing education unit shall equal ten PDH |
18 | units. |
19 | (iv) One hour of professional development in course work, |
20 | seminars or professional, technical presentations made at |
21 | meetings, employer-sponsored courses, conventions or conferences |
22 | shall equal one PDH unit. |
23 | (v) Each published paper, article or book shall equal ten |
24 | PDH units. |
25 | (vi) Each patent obtained shall equal ten PDH units. |
26 | (2) Teaching any of the activities listed in clause (1)(i), |
27 | (ii), (iii) and (iv) shall equal double the amount of PDH units |
28 | provided for in those subclauses. Teaching credit shall be |
29 | awarded for teaching a course or seminar but shall not be |
30 | awarded to full-time faculty members in the performance of their |
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1 | duties at their employing institutions. |
2 | (e) The board shall not require courses to be preapproved. |
3 | The board may preapprove course providers that are trade |
4 | associations or professional societies representing professional |
5 | engineers, land surveyors or geologists. The board shall accept |
6 | credits earned in other jurisdictions if applicable to |
7 | professional practice. |
8 | (f) The board shall approve courses, credit, PDH value for |
9 | courses and other methods of earning credit. Credit |
10 | determination for each licensee for activities listed in |
11 | subsection (d)(1)(v) and (vi) shall be the responsibility of the |
12 | licensee. |
13 | (g) The licensee shall be responsible for maintaining |
14 | records to be used to support credits claimed. Required records |
15 | shall include all of the following: |
16 | (1) A log showing the type of activity claimed, sponsoring |
17 | organization, location, duration, instructor's or speaker's name |
18 | and PDH credits earned. |
19 | (2) Attendance verification records in the form of |
20 | completion certificates or other documents supporting evidence |
21 | of attendance. |
22 | (h) A licensee may be exempt from the requirements of this |
23 | section for any of the following reasons: |
24 | (1) A licensee serving on temporary active duty in the armed |
25 | forces of the United States for a period of time exceeding one |
26 | hundred twenty consecutive days in a year shall be exempt from |
27 | obtaining the professional development hours required during |
28 | that year. |
29 | (2) Licensees experiencing physical disability, illness or |
30 | other extenuating circumstances as reviewed and approved by the |
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1 | board may be exempt. Supporting documentation must be furnished |
2 | to the board. |
3 | (i) In the event such a person elects to return to active |
4 | practice, professional development hours must be earned before |
5 | returning to active practice for each year exempted, not to |
6 | exceed twenty-four PDH units. |
7 | (j) The continuing professional competency requirements of |
8 | this section are satisfied when a nonresident certifies that the |
9 | nonresident is licensed in and has met the mandatory continuing |
10 | professional competency requirements of any jurisdiction |
11 | approved and listed by the board. |
12 | (k) The following words and phrases shall have the meanings |
13 | given to them in this subsection: |
14 | "Activity" shall mean any qualifying activity with a clear |
15 | purpose and objective which will maintain, improve or expand the |
16 | skills and knowledge relevant to a licensee's professional |
17 | practice. |
18 | "College or Unit Semester Hour" or "College or Unit Quarter |
19 | Hour" shall mean credit for courses in ABET-approved programs or |
20 | other related college courses. |
21 | "Continuing Education Unit" shall mean a unit of credit |
22 | customarily used for continuing education courses. |
23 | "Course" shall mean any qualifying course with a clear |
24 | purpose and objective which will maintain, improve or expand the |
25 | skills and knowledge relevant to a licensee's professional |
26 | practice. |
27 | "Professional Development Hour" or "PDH" shall mean fifty |
28 | minutes of instruction or presentation relevant to professional |
29 | practice or any equivalent. |
30 | Section 2. Section 6 of the act, amended December 16, 1992 |
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1 | (P.L.1151, No.151), is amended to read: |
2 | Section 6. Practice by Firms and Corporations.--The practice |
3 | of engineering, of land surveying and of geology being the |
4 | function of an individual or of individuals working in concerted |
5 | effort, it shall be unlawful for any firm or corporation to |
6 | engage in such practice, or to offer to practice, or to assume |
7 | use or advertise any title or description, including the use of |
8 | the term "engineer" or "engineering" in its firm or corporate |
9 | name, conveying the impression that such firm or corporation is |
10 | engaged in or is offering to practice such profession, unless |
11 | the directing heads and employes of such firm or corporation in |
12 | responsible charge of its activities in the practice of such |
13 | profession are licensed and registered in conformity with the |
14 | requirements of this act, and whose name, seal and signature, |
15 | along with the date of signature, shall be stamped on all plans, |
16 | specifications, plats and reports issued by such firm or |
17 | corporation. |
18 | Section 3. The addition of section 4.5(b) of the act shall |
19 | apply to license renewals beginning October 2009. |
20 | Section 4. This act shall take effect in 60 days. |
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