THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, FONTANA, TARTAGLIONE, MUSTO, ORIE, LOGAN AND WASHINGTON, APRIL 23, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 23, 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,"

providing for the definition of "geologist-in-training" and

for the use of the terms "engineer" and "engineering";

further providing for general powers of the board and for

procedure for licensing as professional geologist; and

providing for continuing professional engineering competency

and education requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

Registration Law, is amended by adding a subsection to read:

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

* * *

(o)  "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.

Section 2.  Sections 4(d) and (g) and 4.4(a) 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--

* * *

(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.

* * *

(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:

It shall be considered unprofessional and inconsistent with

honorable and dignified bearing for any professional engineer,

professional land surveyor or professional geologist:

(1)  To act for his client or employer in professional

matters otherwise than as a faithful agent or trustee, or to

accept any remuneration other than his stated recompense for

services rendered.

(2)  To attempt to injure falsely or maliciously, directly or

indirectly, the professional reputation, prospects or business

of anyone.

(3)  To attempt to supplant another engineer, land surveyor

or geologist after definite steps have been taken toward his

employment.

(4)  To compete with another engineer, land surveyor or

geologist for employment by the use of unethical practices.

(5)  To review the work of another engineer, land surveyor or

geologist for the same client, except with the knowledge of such

engineer, land surveyor or geologist, or unless the connection

of such engineer, land surveyor or geologist with the work has

terminated.

(6)  To attempt to obtain or render technical services or

assistance without fair and just compensation commensurate with

the services rendered: Provided, however, the donation of such

services to a civic, charitable, religious or eleemosynary

organization shall not be deemed a violation.

(7)  To advertise in self-laudatory language, or in any other

manner, derogatory to the dignity of the profession.

(8)  To attempt to practice in any field of engineering, land

surveying or geology in which the registrant is not proficient.

(9)  To use or permit the use of his professional seal on

work over which he was not in responsible charge.

(10)  To aid or abet any person in the practice of

engineering, land surveying or geology not in accordance with

the provision of this act or prior laws.

The board shall appoint, with the approval of the Governor,

such hearing examiners as shall be necessary to conduct hearings

as may be required under this subsection.

The board shall have the power to adopt and promulgate rules

and regulations setting forth the functions, powers, standards

and duties to be followed by the hearing examiners.

The hearing examiners shall have the power to conduct

hearings in accordance with the regulations of the board, and to

issue subpoenas requiring the attendance and testimony of

individuals or the production of, pertinent books, records,

documents and papers by persons whom they believe to have

information relevant to any matter pending before the examiner.

The hearing examiners shall have the power to conduct

hearings in accordance with the regulations of the board, and to

issue subpoenas requiring the attendance and testimony of

individuals or the production of, pertinent books, records,

documents and papers by persons whom they believe to have

information relevant to any matter pending before the examiner.

Such examiner shall also have the power to administer oaths.

The hearing examiner shall hear evidence submitted and

arguments of counsel, if any, with reasonable dispatch, and

shall promptly record his decision, supported by findings of

fact, and a copy thereof shall immediately be sent to the board

and to counsel of record, or the parties, if not represented.

If application for review is made to the board within twenty

days from the date of any decision made as a result of a hearing

held by a hearing examiner, the board shall review the evidence,

and if deemed advisable by the board, hear argument and

additional evidence. As soon as practicable, the board shall

make a decision and shall file the same with its finding of the

facts on which it is based and send a copy thereof to each of

the parties in dispute.

* * *

(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.

* * *

(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 in-State and out-of-State 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 or develop new and relevant

skills and knowledge.

(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)  Successful completion of continuing education courses

relevant to professional practice of engineering.

(3)  Successful completion of correspondence, televised,

videotaped and other short courses or tutorials relevant to

professional practice.

(4)  Presenting or attending qualifying seminars, in-house

courses, workshops or professional or technical presentations

made at meetings, conventions or conferences relevant to

professional practice.

(5)  Teaching or instructing in any of the activities listed

in clauses (1) through (4).

(6)  Authoring published papers, articles, books or accepted

licensing examination items.

(7)  Actively participating in professional or technical

societies relevant to professional practice. A licensee shall

serve as an officer or actively participate in a committee of

the organization in order to receive credit. PDH credits shall

not be earned until the end of each year of service completed.

(8)  Obtaining patents.

(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 or technical presentations made at

meetings, conventions or conferences shall equal one PDH unit.

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

PDH units.

(vi)  Active participation in a professional and technical

society relevant to the professional practice shall equal, for

each organization, two PDH units.

(vii)  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 for the first time

only, but shall not be awarded to full-time faculty in the

performance of their duties at their employing institutions.

(e)  The board shall have final authority with respect to

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

methods of earning credit. Credit determination for activities

listed in subsection (d)(1)(v) and (vii) shall be the

responsibility of the licensee.

(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.

(g)  A licensee may be exempt from the requirements of this

section for any of the following reasons:

(1)  New licensees who are licensed as a result of

examination or comity shall be exempt for their first renewal

period.

(2)  A licensee serving on temporary active duty in the 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.

(3)  Licensees experiencing physical disability, illness or

other extenuating circumstances as reviewed and approved by the

board may be exempt. Supporting documentation must be furnished

to the board.

(4)  Licensees who list their occupation as retired or

inactive on the board-approved renewal form and who certify that

they are no longer receiving any remuneration for providing

professional services shall be exempt from the professional

development hours requirement. In the event such a person elects

to return to active practice, professional development hours

must be earned before returning to active practice for each year

exempted, not to exceed the biennial renewal requirements.

(h)  A licensee may bring an inactive license to active

status by obtaining all delinquent PDH units, except that under

no circumstance shall a licensee be required to obtain more than

twenty-four PDH units to restore an inactive license.

(i)  The continuing professional competency requirements of

this section are satisfied when a nonresident certifies to be

licensed in and has met the mandatory continuing professional

competency requirements of any jurisdiction approved and listed

by the board.

(j)  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 a contact

hour of instruction or presentation relevant to professional

practice.

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

(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 5.  This act shall take effect in 60 days.