THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ADOLPH, KILLION, MUSTIO, BOYD, BRENNAN, DENLINGER, GEIST, GINGRICH, GROVE, HARHAI, HARHART, KULA, LONGIETTI, MILLER, MOUL, PAYNE, REICHLEY, SCAVELLO, SIPTROTH, WATSON, YUDICHAK, W. KELLER AND GIBBONS, MARCH 18, 2009

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 2009   

AN ACT

Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as

amended, "An act relating to and regulating the practice of

the profession of engineering, including civil engineering,

mechanical engineering, electrical engineering, mining

engineering and chemical engineering, the profession of land

surveying and the profession of geology and constituent parts

and combinations thereof as herein defined; providing for the

licensing and registration of persons practicing said

profession, and the certification of engineers-in-training

and surveyors-in-training, and the suspension and revocation

of said licenses, registrations and certifications for

violation of this act; prescribing the powers and duties of

the State Registration Board for Professional Engineers, Land

Surveyors and Geologists, the Department of State and the

courts; prescribing penalties; and repealing existing laws," 

adding definitions; further providing for general powers of

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board and for procedure for licensing as professional

geologist; providing for continuing professional competency

and education requirements; and further providing for

practice by firms and corporations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4.5 of the act of May 23, 1945 (P.L.913,

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No.367), known as the Engineer, Land Surveyor and Geologist

Registration Law, added November 29, 2006 (P.L.1534, No.170), is

amended to read:

Section 1.  Section 2 of the act of May 23, 1945 (P.L.913,

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No.367), known as the Engineer, Land Surveyor and Geologist

Registration Law, is amended by adding subsections to read:

Section 2.  Definitions.--As used in this act--

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(o)  "Activity" shall mean any qualifying activity with a

clear purpose and objective which will maintain, improve or

expand the skills and knowledge relevant to a licensee's

professional practice.

(p)  "College or Unit Semester Hour" or "College or Unit

Quarter Hour" shall mean credit for courses in programs approved

by the Accreditation Board of Engineering and Technology or the

National Association of State Boards of Geology or other related

college courses.

(q)  "Continuing Education Unit" shall mean a unit of credit

customarily used for continuing education courses.

(r)  "Course" shall mean any qualifying course with a clear

purpose and objective which will maintain, improve or expand the

skills and knowledge relevant to a licensee's professional

practice.

(s)  "Geologist-in-training" means a candidate for licensure

as a professional geologist who has been granted a certificate

as a geologist-in-training after successfully passing the

required written examination in fundamental geology subjects and

who shall be eligible, upon completion of the requisite years of

experience in geology under the supervision of a professional or

similarly qualified geologist, for the final examination

prescribed for licensure as a professional geologist.

(t)  "Professional Development Hour" or "PDH" shall mean

fifty minutes of instruction or presentation relevant to

professional practice or any equivalent.

Section 2.  Sections 4(d) and (g) and 4.4 of the act, amended

or added December 16, 1992 (P.L.1151, No.151), are amended and

the sections are amended by adding subsections to read:

Section 4.  General Powers of Board.--The board shall have

power--

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(d)  Examinations; Fees.--To prescribe the subjects, manner,

time and place of examinations for licenses as professional

engineers, professional land surveyors and professional

geologists and for certificates for engineers-in-training,

geologists-in-training and surveyors-in-training, and the filing

of applications for such examinations, and to prepare or provide

for the preparation of such examinations, conduct or provide for

the conduct of such examinations, to make written reports of

such examinations, which reports shall be preserved for a period

of not less than three years, to collect such fees for such

examinations, and for licenses and certificates issued without

examination, as may be fixed according to law, and to issue

licenses and certificates to such persons as successfully pass

such examinations.

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(g)  Suspension and Revocation of Licenses; Registrations and

Certificates; Reinstatements.--To suspend or revoke the license

and registration of any professional engineer, professional land

surveyor or professional geologist or the certificate of any

engineer-in-training, geologist-in-training or surveyor-in-

training, who is found guilty by the board, by a majority vote

of all its members, of the practice of any fraud, deceit or

misrepresentation in obtaining his license, certification or

registration, or of gross negligence, incompetency or misconduct

in the practice of engineering, in the practice of land

surveying or in the practice of geology, or of violation of the

code of ethics of the engineering profession, and to reinstate

suspended licenses, registrations and certificates in any cases

where a majority of all the members of the board shall determine

the same to be just and proper. Unless ordered to do so by a

court, the board shall not reinstate the license, certificate or

registration of a person to practice as a professional engineer,

professional land surveyor, professional geologist or an

engineer-in-training, geologist-in-training or a surveyor-in-

training which has been revoked, and such person shall be

required to apply for a license, certificate or registration

after a period of five years in accordance with section 2 if he

desires to practice at any time after such revocation. The board

shall require a person whose license or registration has been

suspended or revoked to return the license or registration in

such manner as the board directs. Failure to do so shall be a

misdemeanor of the third degree. Misconduct in the practice of

engineering, land surveying or geology shall include, but not be

limited to conviction for a criminal offense such as extortion,

bribery or fraud or entry of a plea of nolo contendere to a

charge thereof for conduct relating to the practice of

engineering, land surveying or geology, or has violated any

provision of this act or any regulation promulgated by the

board. For the purposes of this subsection, the code of ethics

is as follows:

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(n)  Member of National Association of State Boards of

Geology; Dues.--To become a member of the National Association

of State Boards of Geology, to pay dues as the association shall

establish, to send delegates to the annual meeting of the

association and to defray their expenses.

Section 4.4.  Procedure for Licensing as Professional

Geologist.--(a)  [The board shall provide for a licensure

examination. All written, oral and practical examinations shall

be prepared and administered by a qualified and approved

professional testing organization in the manner prescribed for

written examinations by the provisions of section 812.1 of the

act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929." However, during the first two

years after the effective date of this act, the board shall

issue licenses without examination to applicants who meet the

requirements of subsection (b)(1), (2), (3) and (5). The board

may further postpone the examination for up to two additional

years if necessary in order to provide for an examination in

accordance with section 812.1 of "The Administrative Code of

1929."] An applicant for licensure as a professional geologist

shall satisfactorily complete the fundamentals of geology

examination and provide the board with satisfactory evidence of

experience that would have prepared the applicant for the

practice of geology.

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(c)  (1)  An applicant for the geologist-in-training

certificate shall provide satisfactory evidence of graduation

from an approved geology curriculum of four or more years.

(2)  A geology student that has completed two or more years

of an approved program in geology may sit for the fundamentals

of geology examination if approved by the board but may not be

certified until proof of graduation is submitted to the board.

(d)  Upon graduation an applicant that has satisfactorily

completed the fundamentals of geology examination shall be

certified as a geologist-in-training and may retain that

certification until the applicant becomes licensed as a

professional geologist.

Section 3.  Section 4.5 of the act, added November 29, 2006

(P.L.1534, No.170), is amended to read:

Section 4.5.  [Mandatory Continuing Education.--(a)  The

board shall adopt, promulgate and enforce administrative rules

and regulations establishing requirements of continuing

education to be fulfilled by individuals licensed and registered

under this act. Except as otherwise provided in this section,

beginning with the licensure period designated by regulation,

individuals licensed and registered under this act shall be

required to complete twenty-four hours of mandatory continuing

education during each two-year licensure period as a condition

of biennial renewal.

(b)  An individual applying for initial licensure and

registration shall be exempt from the requirement set forth in

subsection (a) for the licensure period immediately following

initial licensure and registration.

(c)  The board may waive all or a portion of the continuing

education requirement established in subsection (a) for an

individual licensed and registered under this act who shows to

the satisfaction of the board that the individual was unable to

complete the requirements due to serious illness, military

service or other demonstrated hardship. The request shall be

made in writing, with appropriate documentation, and shall

include a description of circumstances sufficient to show why

the individual is unable to comply with the continuing education

requirement set forth in subsection (a). Requests for waiver of

the continuing education requirement shall be evaluated by the

board on a case-by-case basis. The board shall send the

individual written notification of its approval or denial of the

request for waiver.

(d)  An individual seeking to reinstate an inactive or lapsed

license and registration shall show proof of compliance with the

continuing education requirement for the preceding biennial

renewal period.

(e)  All courses, locations, instructors and providers of

mandatory continuing education shall be approved by the board.

However, no credit shall be given for a course in practice

building or office management.

(f)  The board shall promulgate regulations to carry out the

provisions of this section within eighteen months of the

effective date of this section.] Continuing Professional

Competency Requirements.--(a)  In order to help safeguard life,

health and property and to promote the public welfare, the

practice of professional engineering, professional land

surveying and professional geology in this Commonwealth requires

continuing professional competency.

(b)  Each licensee shall be required to meet the continuing

professional competency requirements of this section as a

condition for licensure renewal. Continuing professional

competency obtained by a licensee should maintain, improve or

expand skills and knowledge obtained prior to initial licensure, 

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including law and ethics applicable to the profession, or

develop new and relevant skills and knowledge. No credit shall

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be given for a course in practice building or office management.

(c)  Each licensee shall be required to obtain twenty-four

PDH units during the biennial renewal period. If a licensee

exceeds the requirement in any renewal period, a maximum of

twelve PDH units may be carried forward into the subsequent

renewal period. PDH units may be earned as follows:

(1)  Successful completion of college courses relevant to

professional practice.

(2)  Completion of continuing education courses relevant to

professional practice.

(3)  Completion of correspondence, televised, videotaped and

other short courses or tutorials relevant to professional

practice.

(4)  Completion of seminars, employer-sponsored courses,

workshops or professional or technical presentations made at

meetings, conventions or conferences relevant to professional

practice.

(5)  Teaching, presenting or instructing in any of the

activities listed in clauses (1), (2), (3) and (4).

(6)  Authoring published papers, articles or books relevant

to professional practice.

(7)  Obtaining patents relevant to professional practice.

(d)  (1)  Except as provided in clause (2), units of other

types of credit shall be converted to PDH units as follows:

(i)  One college or unit semester hour shall equal forty-five

PDH units.

(ii)  One college or unit quarter hour shall equal thirty PDH

units.

(iii)  One continuing education unit shall equal ten PDH

units.

(iv)  One hour of professional development in course work,

seminars or professional, technical presentations made at

meetings, employer-sponsored courses, conventions or conferences

shall equal one PDH unit.

(v)  Each published paper, article or book shall equal ten

PDH units.

(vi)  Each patent obtained shall equal ten PDH units.

(2)  Teaching any of the activities listed in clause (1)(i),

(ii), (iii) and (iv) shall equal double the amount of PDH units

provided for in those subclauses. Teaching credit shall be

awarded for teaching a course or seminar but shall not be

awarded to full-time faculty members in the performance of their

duties at their employing institutions.

(e)  The board shall not require courses to be preapproved.

The board may preapprove course providers that are trade

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associations or professional societies representing professional

engineers, land surveyors or geologists. The board shall accept

credits earned in other jurisdictions if applicable to

professional practice.

(f)  The board shall approve courses, credit, PDH value for

courses and other methods of earning credit. Credit

determination for each licensee for activities listed in

subsection (d)(1)(v) and (vi) shall be the responsibility of the

licensee.

(g). The board shall have final authority regarding approval

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of courses, credit, PDH value for courses and other methods of

earning credit. Credit determination for activities listed in

subsection (d)(1)(v) and (vi) shall be the responsibility of the

licensee. The board shall accept credits earned in other

jurisdictions if the activity otherwise complies with this

section.

(F)  The licensee shall be responsible for maintaining

records to be used to support credits claimed. Required records

shall include all of the following:

(1)  A log showing the type of activity claimed, sponsoring

organization, location, duration, instructor's or speaker's name

and PDH credits earned.

(2)  Attendance verification records in the form of

completion certificates or other documents supporting evidence

of attendance.

(h) (g)  (1)  A licensee may be exempt from the requirements

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of this section for any of the following reasons:

(1) (i)  A licensee serving on temporary active duty in the

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armed forces of the United States for a period of time exceeding

one hundred twenty consecutive days in a year shall be exempt

from obtaining the professional development hours required

during that year.

(2)  Licensees (ii)  A licensee experiencing physical

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disability, illness or other extenuating circumstances as

reviewed and approved by the board may be exempt. Supporting

documentation must be furnished to the board.

(i)  In the event such a person elects to return to active

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practice, professional development hours must be earned before

returning to active practice for each year exempted, not to

exceed twenty-four PDH units.

(j)  The continuing professional competency requirements of

this section are satisfied when a nonresident certifies that the

nonresident is licensed in and has met the mandatory continuing

professional competency requirements of any jurisdiction

approved and listed by the board.

(k)  The following words and phrases shall have the meanings

given to them in this subsection:

"Activity" shall mean any qualifying activity with a clear

purpose and objective which will maintain, improve or expand the

skills and knowledge relevant to a licensee's professional

practice.

"College or Unit Semester Hour" or "College or Unit Quarter

Hour" shall mean credit for courses in ABET-approved programs or

other related college courses.

"Continuing Education Unit" shall mean a unit of credit

customarily used for continuing education courses.

"Course" shall mean any qualifying course with a clear

purpose and objective which will maintain, improve or expand the

skills and knowledge relevant to a licensee's professional

practice.

"Professional Development Hour" or "PDH" shall mean fifty

minutes of instruction or presentation relevant to professional

practice or any equivalent.

(2)  An individual applying for initial licensure and

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registration shall be exempt from the requirement set forth in

subsection (a) for the licensure period immediately following

initial licensure and registration.

(h)  As part of the process to reactivate a license, a

licensee must obtain all delinquent PDH units, except that under

no circumstance shall a licensee be required to obtain more than

the biennial renewal requirement.

Section 2 4.  Section 6 of the act, amended December 16, 1992

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(P.L.1151, No.151), is amended to read:

Section 6.  Practice by Firms and Corporations.--The practice

of engineering, of land surveying and of geology being the

function of an individual or of individuals working in concerted

effort, it shall be unlawful for any firm or corporation to

engage in such practice, or to offer to practice, or to assume

use or advertise any title or description, including the use of

the term "engineer" or "engineering" in its firm or corporate

name, conveying the impression that such firm or corporation is

engaged in or is offering to practice such profession, unless

the directing heads and employes of such firm or corporation in

responsible charge of its activities in the practice of such

profession are licensed and registered in conformity with the

requirements of this act, and whose name, seal and signature,

along with the date of signature, shall be stamped on all plans,

specifications, plats and reports issued by such firm or

corporation.

Section 3.  The addition of section 4.5(b) of the act shall

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apply to license renewals beginning October 2009.

Section 5.  A licensee shall begin to comply with the

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continuing professional competency requirements set forth in

section 4.5 of the act during the 2009-2011 biennial renewal

cycle. The board may first deny renewal for the 2011-2013

biennial renewal period to a licensee who has failed to comply

with the continuing professional competency requirements for the

2009-2011 biennial renewal period.

Section 6.  The board shall promulgate regulations necessary

to implement this act within 18 months of the effective date of

this section.

Section 4 7.  This act shall take effect in 60 days.

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