THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE AND FABRIZIO, MARCH 29, 2011

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 29, 2011  

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 regulation of the profession of forestry.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and section 1 of the act of May 23,

1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and

Geologist Registration Law, amended December 16, 1992 (P.L.1151,

No.151), are amended to read:

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 the profession

of forestry 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 and

Foresters, the Department of State and the courts;

prescribing penalties; and repealing existing laws.

Section 1.  Short Title.--This act shall be known and may be

cited as the "Engineer, Land Surveyor [and], Geologist and

Forester Registration Law."

Section 2.  Section 2(g) and (i) of the act, amended December

13, 1979 (P.L.534, No.120) and December 16, 1992 (P.L.1151,

No.151), are amended and the section is amended by adding

subsections to read:

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

* * *

(g)  "Board" means The State Registration Board for

Professional Engineers, Land Surveyors [and], Geologists and

Foresters.

* * *

(i)  "Responsible Charge" means a position that requires

initiative, skill and independent judgment, and implies such

degree of competence and accountability gained by technical

education and experience of a grade and character as is

sufficient to qualify an individual to personally and

independently engage in and be entrusted with the work involved

in the practice of engineering [or], land surveying or forestry.

This term does not include positions which require routine

performance of subprofessional work such as auxiliary survey

personnel (unless acting as chief of party) and drafting

personnel.

* * *

(u)  "Forestry" means the science, the art and the practice

of conserving and managing for human benefit the natural

resources, including the trees, other plants, animals, soil and

water that occur on and in association with forest lands.

(v)  "Practice of forestry" means any professional services

requiring the application of forestry principles and techniques.

Such services shall include, but not be limited to, forest

inventory, forest management planning, timber appraisal, the

direction and supervision of silvicultural activities, the use

and protection of forested areas and the evaluation of the

economic and biological consequences of forest management

activities. The term shall not be construed to include:

(1)  the usual and accustomed practices of loggers and timber

buyers in connection with purchasing and harvesting timber,

provided that they do not represent themselves to be foresters

or characterize their services as forestry services;

(2)  preparation of erosion and sediment control plans

pursuant to State laws; and

(3)  the practice of engineering, land surveying or geology

for which separate registration is required under the provisions

of this act or landscape architecture for which separate

registration is required under the provisions of the act of

January 24, 1966 (1965 P.L.1527, No.535), known as the

"Landscape Architects' Registration Law."

Section 3.  Section 3 of the act, amended December 16, 1992

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

Section 3.  Practice of Engineering, Land Surveying [or], 

Geology or Forestry Without Licensure and Registration

Prohibited.--(a)  In order to safeguard life, health or property

and to promote the general welfare, it is unlawful for any

person to practice or to offer to practice engineering in this

Commonwealth, unless he is licensed and registered under the

laws of this Commonwealth as a professional engineer, for any

person to practice or to offer to practice land surveying,

unless he is licensed and registered under the laws of this

Commonwealth as a professional land surveyor [or], for any

person to practice or to offer to practice geology unless he is

licensed and registered under the laws of this Commonwealth as a

professional geologist or for any person to practice or to offer

to practice forestry unless he is licensed and registered under

the laws of this Commonwealth as a professional forester.

Individuals licensed as professional engineers, professional

land surveyors or registered landscape architects may perform

geological work which is incidental to their engineering,

surveying or landscape architecture without being licensed as a

professional geologist. Individuals licensed as professional

engineers, professional land surveyors, professional geologists

or registered landscape architects may perform forestry work

which is incidental to their engineering, surveying, geology or

landscape architecture without being a professional forester.

Individuals licensed as professional foresters may perform

engineering, surveying, geological or landscape architecture

work which is incidental to their forestry work.

(b)  A person shall be construed to practice or offer to

practice engineering, land surveying [or], geology or forestry 

who practices any branch of the profession of engineering, land

surveying [or], geology or forestry; or who, by verbal claim,

sign, advertisement, letterhead, card, or in any other way

represents himself to be an engineer, land surveyor [or], 

geologist or forester, or through the use of some other title

implies that he is an engineer, land surveyor [or], geologist or

forester or that he is registered under this act; or who holds

himself out as able to perform, or who does perform any

engineering, land surveying [or], geological or forestry service

or work or any other service designated by the practitioner or

recognized as engineering, land surveying [or], geology or

forestry.

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

(P.L.1151, No.151), November 29, 2006 (P.L.1534, No.170) and May

12, 2010 (P.L.192, No.25), is amended to read:

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

power--

(a)  Approval of Engineering, Surveying [and], Geology and

Forestry Curricula.--To investigate and to approve or disapprove

engineering, surveying [and], geology and forestry curricula of

this State, and other states, territories and countries for the

education of students desiring to be licensed to engage in the

practice of engineering, land surveying [or], geology or

forestry, and to revoke or suspend approvals where they are no

longer deemed proper.

(b)  Licensing Professional Engineers, Professional Land

Surveyors [and], Professional Geologists and Professional

Foresters.--To provide for and to regulate the licensing, and to

license to engage in the practice of engineering, land surveying

[or], geology or forestry any person of good moral character and

repute who speaks and writes the English language, if such

person either--

(1)  Holds an unexpired license or certificate of

registration issued to him by proper authority of some other

state, foreign country or territory of the United States in

which the requirements and qualifications to engage in the

practice of engineering, land surveying [or], geology or

forestry were at the time of the initial issuance of such

license or certificate of registration at least equal to the

existing standards of this Commonwealth: Provided, however, That

such other state, territory or foreign country shall similarly

license or register professional engineers, professional land

surveyors [or], professional geologists or professional

foresters licensed and registered in this Commonwealth. A person

may be licensed under this subsection without examination.

(2)  In relation to engineers and surveyors, holds a

certificate of qualifications issued by the National Bureau of

Engineering Registration of the National Council of Examiners

for Engineering and Surveying: Provided, The requirements and

qualifications of said bodies to engage in the practice of

engineering or land surveying are at least equal to the

standards of this Commonwealth. A person may be licensed under

this subsection without examination.

In carrying into effect clauses (1) and (2) of subsection (b)

of this section in relation to engineers and surveyors the board

may in its discretion enter into agreements for reciprocity with

the National Council of Examiners for Engineering and Surveying

and with states under such rules and regulations as the board

may prescribe.

(3)  Complies with the education and experience criteria and

successfully completes the two-examination process for licensing

as a professional engineer, as set forth in section 4.2, or as a

professional land surveyor, as set forth in section 4.3 or the

examination process for licensing as a professional geologist as

set forth in section 4.4 or as a professional forester as set

forth in section 4.6.

(c)  Investigations of Applications; Determination of

Competency of Applicants.--To investigate the allegations

contained in any application for licensure or certification

under this act in order to determine the truth of such

allegations and to determine the competency of any person

applying for licensure to assume responsible charge of the work

involved in the practice of engineering, land surveying [or], 

geology or forestry, such competency to be determined by the

grade and character of the engineering work, the grade and

character of the land surveying work [or], the grade and

character of geologic work or the grade and character of

forestry work actually performed. In relation to engineers and

surveyors, the mere execution as a contractor of work designed

by a professional engineer, or the supervision of the

construction of such work as a foreman or superintendent, or the

operation or maintenance of machinery or equipment, or work

performed as a salesman of engineering equipment or apparatus,

shall not be deemed to be active practice in engineering, unless

such work has involved the actual practice of engineering.

Engineering and land surveying work, performed under the

supervision of a professional engineer or land surveyor,

respectively, shall be given full credit. Whenever the board

determines otherwise than by examination, that an applicant has

not produced sufficient evidence to show that he is competent to

be placed in responsible charge and shall refuse to examine or

to license such applicant, it shall set forth in writing its

findings and the reasons for its conclusions and furnish a copy

thereof to the applicant.

(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 professional foresters 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.

(e)  Biennial Registrations; Fees.--To provide for, regulate

and require all persons licensed in accordance with the

provisions of this act and all persons licensed and registered

under prior laws of this Commonwealth, relating to the licensing

of professional engineers [and], professional land surveyors,

professional geologists and professional foresters, to register

biennially with the board, to prescribe the form of such

registration, after consultation with the Commissioner of

Professional and Occupational Affairs and the payment of such

biennial registration fee, as shall be fixed according to law,

to issue biennial registration to such persons and to suspend or

revoke the license or registration of such persons as fail,

refuse or neglect to so register, or pay such fee within such

time as the board shall prescribe by its rules and regulations,

and to reinstate licenses and registrations of persons who shall

thereafter pay such registration fees in accordance with the

rules and regulations of the board.

(f)  Roster of Registrants.--To keep a roster showing the

names and addresses of professional engineers, professional land

surveyors [and], professional geologists and professional

foresters licensed under this act, and under prior laws, and

registered by the board, which roster shall be published in

booklet form by the board following each biennial renewal.

Copies of the roster shall be furnished upon request to each

registered or certified person and may be furnished to other

persons upon such terms as the board shall prescribe: Provided,

however, That copies of the roster shall be furnished to the

Planning Commission and the prothonotary of each county in the

Commonwealth.

(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 professional forester

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 in the practice of forestry, or of violation of the code of

ethics of the engineering profession or of violation of the code

of ethics of the forestry 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, professional

forester 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 or

forestry 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 forestry, 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 or

professional forester:

(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 or forester after definite steps have been taken

toward his employment.

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

geologist or forester for employment by the use of unethical

practices.

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

[or], geologist or forester for the same client, except with the

knowledge of such engineer, land surveyor [or], geologist or

forester, or unless the connection of such engineer, land

surveyor [or], geologist or forester 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 or forestry 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 or forestry 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.

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.

(h)  Financial Requirements of Board.--(1)  To submit

annually to the Department of State an estimate of the financial

requirements of the board for its administrative, investigative,

legal and miscellaneous expenses.

(2)  To submit annually to the House and Senate

Appropriations Committees, fifteen days after the Governor has

submitted his budget to the General Assembly, a copy of the

budget request for the upcoming fiscal year which the board

previously submitted to the department.

(i)  Administration and Enforcement of Laws.--To administer

and enforce the laws of the Commonwealth relating to the

practice of engineering, land surveying [and], geology or

forestry, and to instruct and require its agents to bring

prosecutions for unauthorized and unlawful practices.

(j)  Minutes and Records.--To keep minutes and records of all

its transactions and proceedings. Copies thereof duly certified

by the secretary of the board shall be received in evidence in

all courts and elsewhere.

(k)  Member of National Council of Examiners for Engineering

and Surveying; Dues.--To become a member of the National Council

of Examiners for Engineering and Surveying, and to pay such dues

as said council shall establish, and to send delegates to the

annual meeting of said council, and to defray their expenses.

(l)  Administrative Rules and Regulations.--To adopt,

promulgate and enforce such administrative rules and

regulations, not inconsistent with this act, as are deemed

necessary and proper by the board to carry into effect the

powers conferred by this act, which shall include establishing

requirements for continuing education to be fulfilled by

individuals licensed and registered under this act. The rules

and regulations shall include any fees necessary for the board

to carry out its responsibilities regarding establishing

continuing education requirements.

(m)  Status of Complaints.--The board shall submit annually a

report to the Professional Licensure Committee of the House of

Representatives and to the Consumer Protection and Professional

Licensure Committee of the Senate a description of the types of

complaints received, status of cases, board action which has

been taken and the length of time from the initial complaint to

final board resolution.

(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 5.  Section 4.1 of the act, amended December 16, 1992

(P.L.1151, No.151) and November 25, 2002 (P.L.1113, No.136), is

amended to read:

Section 4.1.  State Registration Board for Professional

Engineers, Land Surveyors [and], Geologists and Foresters.--(a)

There is hereby established within the Department of State the

State Registration Board for Professional Engineers, Land

Surveyors [and], Geologists and Foresters. The board shall

consist of the Commissioner of Professional and Occupational

Affairs, three members appointed by the Governor who shall be

persons representing the public at large and [nine] eleven 

members appointed by the Governor, five of whom shall be

registered professional engineers, two of whom shall be

registered professional land surveyors [and], two of whom shall

be registered professional geologists and two of whom shall be

registered professional foresters. Any land surveyor or forester 

appointed to serve on the board shall have received the

respective land surveyor or forester license upon the passage of

the appropriate examination. Any geologist licensed under

section 4.4 of this act shall be eligible for appointment to the

board. For the initial board appointments, the two professional

forester members need not be licensed by examination at the time

of appointment but must have satisfied the education and

experience requirements of this act for licensure as a

professional forester. The professional members of the board

shall be so selected that not more than two of them shall

specialize in any one of the five major disciplines of

engineering: civil, mining and metallurgical, mechanical,

electrical and chemical. Each member of the board shall be a

citizen of the United States and a resident of this

Commonwealth. Each professional member shall have been engaged

in the practice of the respective profession for at least ten

years and shall have been in responsible charge of work for at

least five years.

(b)  The terms of members of the board shall be six years, or

until his successor has been appointed and qualified but not

longer than six months beyond the six-year period. In the event

that any of said members shall die or resign during his term,

his successor shall be appointed in the same way and with the

same qualifications and shall hold office for the unexpired

term. No member shall be eligible for appointment to serve more

than two consecutive full terms.

(c)  [Seven] Eight members of the board shall constitute a

quorum. A member may not be counted as part of a quorum or vote

on any issue, other than temporary and automatic suspension,

under this act unless he is physically in attendance at the

meeting.

(d)  The board shall select annually a president from among

its members.

(e)  Each member of the board, except the Commissioner of

Professional and Occupational Affairs and the Director of the

Bureau of Consumer Protection in the Office of Attorney General,

or his designee, shall receive sixty dollars per diem when

actually attending to the work of the board. Members shall also

receive the amount of reasonable traveling, hotel and other

necessary expenses incurred in the performance of their duties.

[(f)  The board is subject to evaluation, review and

termination within the time and in the manner provided in the

act of December 22, 1981 (P.L.508, No.142), known as the "Sunset

Act."]

(g)  A member of the board who fails to attend three

consecutive meetings shall forfeit his seat unless the

Commissioner of Professional and Occupational Affairs, upon

written request from the member, finds that the member should be

excused from a meeting because of illness or the death of a

family member.

(h)  A public member who fails to attend two consecutive

statutorily mandated training seminars in accordance with

section 813(e) of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929," shall forfeit board

membership unless the Commissioner of Professional and

Occupational Affairs, upon written request from the public

member, finds that the public member should be excused from a

meeting because of illness or the death of a family member.

Section 6.  The act is amended by adding a section to read:

Section 4.6.  Procedure for Licensing as a Professional

Forester.--(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 a 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 section, the board shall

issue licenses without examination to applicants who meet the

requirements of subsection (b)(1), (2) and (4). 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."

(b)  An applicant shall be qualified to be licensed after

submission of proof satisfactory to the board that the

applicant:

(1)  Is of good moral character.

(2)  Has met one of the following education and experience

requirements:

(i)  Has graduated from an approved four-year forestry

curriculum or attained a higher degree in an approved forestry

curriculum and has completed at least four years of professional

forestry work including at least two years under the supervision

of a licensed professional forester or four years in a

responsible position in professional forestry work.

(ii)  Has graduated from an approved two-year forestry

curriculum and has completed at least six years of professional

forestry experience including at least three years under the

supervision of a licensed professional forester or six years in

a responsible position in forestry work. For the purposes of

this section individuals who have graduated from a one-year

concentrated twelve-month curriculum in forestry technology,

such as the Syracuse Wanakena Ranger, Forest Technician School,

shall be considered to have attained the equivalent of a two-

year forest technology degree.

(3)  Has passed any examination adopted by the board.

(4)  Has paid all appropriate fees in the amount determined

by the board by regulation.

(c)  Professional forestry work performed prior to the

effective date of this section shall satisfy the requirements of

subsection (b)(2)(i) and (ii) if it is performed under the

supervision of either a licensed professional forester or a

forester who was not licensed.

(d)  For the purposes of this section, professional forestry

work does not include routine activities in the process of

sampling, laboratory work, forestry drafting, timber marking,

log and lumber scaling and grading, and timber harvesting

activity. Credit for graduate study may not exceed a total of

two years of professional forestry work.

(e)  Unless otherwise provided in this section, a licensed

professional forester shall only maintain licensure upon

submission of documentation to the satisfaction of the board,

submitted concurrent with required biennial fees, that the

individual licensed under this act as a registered professional

forester has completed a minimum of forty contact hours in

continuing forestry education training during the preceding

biennial registration period provided by any board-recognized

national professional forestry society or association serving

licensed professional foresters or continuing forestry education

training which was otherwise approved by the board.

(f)  Individuals engaged in the practice of forestry on the

effective date of this section who have attained, at the

minimum, a two-year degree in a field of study closely related

to forestry or who have only completed three years of an

approved four-year forestry curriculum who meet all requirements

of subsection (b)(1), (2) and (4), other than graduating from a

two-year or four-year forestry curriculum shall not be denied

the privilege of the practice of forestry until they have had

the opportunity to pass the examination provided for under

subsection (a), provided that they comply with the continuing

education requirement of subsection (e) during any period prior

to their examination. The following apply:

(i)  Individuals so practicing without a license may not

represent themselves to be licensed foresters, but shall be

permitted to represent themselves as "forester applicant,

license pending examination."

(ii)  An applicant who has graduated from an approved two-

year or four-year forestry curriculum, who has submitted to the

board any application required by this section during the first

two years following the effective date of this section which

fully documents the required training and forestry work

experience as required in subsection (b)(2)(i) or (ii) shall not

be denied the privilege of representing himself to be a

forester, unless the application is denied by the board.

(iii)  No person may represent himself to be a registered

professional forester in this Commonwealth until so licensed by

the board.

Section 7.  Section 5 of the act, amended December 16, 1992

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

Section 5.  Exemption from Licensure and Registration.--

Except as specifically provided in this section, this act shall

not be construed to require licensure and registration in the

following cases:

(a)  The practice of engineering, land surveying [or], 

geology or forestry by any person who acts under the supervision

of a professional engineer, professional land surveyor [or],

professional geologist or professional forester, respectively,

or by an employe of a person lawfully engaged in the practice of

engineering, land surveying [or], geology or forestry and who,

in either event, does not assume responsible charge of design or

supervisions;

(b)  The practice of engineering, land surveying [or], 

geology or forestry, not exceeding thirty days in the aggregate

in one calendar year, by a nonresident not having a place of

business in this Commonwealth, if such person is legally

qualified to engage in the practice of engineering, land

surveying [or], geology or forestry in the state or territory of

his residence: Provided, That standards of such state or

territory are at least equal to the standards of this

Commonwealth;

(c)  The practice of engineering, land surveying [or], 

geology or forestry by officers and employes of the United

States Government for the said government;

(d)  Except as otherwise provided in subsection (g) of this

section, the practice of engineering [or], land surveying or

forestry by a regular employe of a public utility company, as

defined by the Public Utility Code (66 Pa.C.S. § 101 et seq.) in

connection with the facilities of such public utility, which are

subject to regulation by the Pennsylvania Public Utility

Commission: Provided, That such public utility shall employ at

least one professional engineer, as defined in this act, who

shall be in responsible charge of such utility's engineering

work [and], shall employ at least one professional land

surveyor, as defined in this act, who shall be in responsible

charge of such utility's land surveying and shall employ at

least one professional forester, as defined by this act, who

shall be in responsible charge of such utility's forestry work;

(e)  The practice of architecture by a duly registered

architect, and the doing of such engineering work as is

incidental to his architectural work;

(f)  The practice of engineering, land surveying [or], 

geology or forestry by any person or by any employe of any

copartnership, association or corporation upon property owned by

such person or such copartnership, association or corporation,

unless such practice affects the public safety or health or the

property of some other person or entity.

(g)  The practice of engineering, land surveying [or], 

geology or forestry work by a manufacturing, mining,

communications common carrier, research and development or other

industrial corporation or by employes of such corporation,

provided such work is in connection with or incidental to

products of, or non-engineering or non-forestry services

rendered by, such corporation or its affiliates.

(h)  The running of lines or grades and layout work on or

within established property limits, or from established points

outside the property limits to or within such property limits

when performed by a contractor or home builder in conjunction

with the construction, reconstruction, alteration, maintenance

or demolition of a structure or other facility.

(i)  The writing of deed descriptions.

(j)  The preparation of shop drawings or the performance of

construction management services by persons customarily engaged

in construction work.

(k)  The practice of individuals providing geologic services

to businesses engaged in the exploration or development of gas

or oil.

Section 8.  Section 6 of the act, amended May 12, 2010

(P.L.192, No.25), is amended to read:

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

of engineering, of land surveying [and], of geology and of

forestry 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 9.  Sections 7, 9, 10.2, 11 and 11.1 of the act,

amended December 16, 1992 (P.L.1151, No.151), are amended to

read:

Section 7.  Seal of Registrants.--(a)  Each person,

registered under this act, shall obtain a seal of a design

authorized by the board which shall bear the registrant's name

and number and the legend "Registered Professional Engineer,"

"Registered Professional Land Surveyor," [or] "Registered

Professional Geologist" or "Registered Professional Forester."

Such seal, or a facsimile imprint of same, shall be stamped on

all plans, specifications, plats and reports issued by a

professional engineer, professional land surveyor [or], 

professional geologist or professional forester.

(b)  It shall be unlawful for any person to use such seal

during the period the license or registration of the holder

thereof has been suspended or revoked, or to use a seal of any

design not approved by the board.

Section 9.  Fees.--(a)  The fee for an applicant for

licensure as a professional engineer, professional land surveyor

[or], professional geologist or professional forester, including

examination, and for examination or certification, or both, as

an engineer-in-training or a surveyor-in-training, shall be as

fixed by the board by regulation and shall be subject to review

in accordance with the act of June 25, 1982 (P.L.633, No.181),

known as the "Regulatory Review Act." If the revenues generated

by fees, fines and civil penalties imposed in accordance with

the provisions of this act are not sufficient to match

expenditures over a two-year period, the board shall increase

those fees by regulation, subject to review in accordance with

the "Regulatory Review Act," such that the projected revenues

will meet or exceed projected expenditures.

(b)  If the Bureau of Professional and Occupational Affairs

determines that the fees established by the board are inadequate

to meet the minimum enforcement efforts required, then the

bureau, after consultation with the board, shall increase the

fees by regulation, subject to review in accordance with the

"Regulatory Review Act," such that adequate revenues are raised

to meet the required enforcement effort.

(c)  All persons now qualified and engaged in the practice of

engineering, land surveying [and], geology and forestry, or who

shall hereafter be licensed by the board, shall register,

biennially, with the board and pay the fee for each biennial

registration. All fees collected under the provisions of this

act shall be received by the board and shall be paid into the

Professional Licensure Augmentation Account.

Section 10.2.  Reporting of Multiple Licensure.--Any licensee

of this Commonwealth who is also licensed to practice

engineering, land surveying [or], geology or forestry in any

other state, territory or country shall report this information

to the board on the biennial renewal application. Any

disciplinary action taken in other states, territories or

countries shall be reported to the board on the biennial renewal

application or within ninety days of final disposition,

whichever is sooner. Multiple licensure shall be noted by the

board on the engineer's, land surveyor's [or], geologist's or

forester's record, and each state, territory or country shall be

notified by the board of any disciplinary action taken against

the licensee in this Commonwealth.

Section 11.  Penalties.--(a)  Whoever shall engage in the

practice of engineering, the practice of land surveying [or], 

the practice of geology or the practice of forestry without

being licensed and registered as required by this act, or

exempted therefrom, as provided in this act, or shall present or

attempt to use, as his own, the license or certificate of

registration of another, or shall give any false or forged

evidence of any kind to the board, or to any member thereof, in

order to obtain a license or registration as a professional

engineer, professional land surveyor [or], professional

geologist or professional forester or a certificate as an

engineer-in-training or surveyor-in-training, or shall use any

expired, suspended or revoked certificate of registration, or

shall otherwise violate the provisions of this act, shall be

guilty of a summary offense and upon conviction thereof for a

first offense, shall be sentenced to pay a fine not exceeding

one thousand dollars, or suffer imprisonment, not exceeding

three months, or both and for a second or subsequent offense

shall be guilty of a felony, and upon conviction thereof, shall

be sentenced to pay a fine of not less than two thousand dollars

but not more than five thousand dollars or to imprisonment for

not less than one year but not more than two years, or both.

(b)  In addition to any other civil remedy or criminal

penalty provided for in this act, the board, by a vote of the

majority of the maximum number of the authorized membership of

the board as provided by law, or by a vote of the majority of

the duly qualified and confirmed membership or a minimum of

[six] seven members, whichever is greater, may levy a civil

penalty of up to one thousand dollars on any current licensee

who violates any provision of this act or on any person who

practices the profession of an engineer, land surveyor [or], 

geologist or forester without being properly licensed to do so

under this act. The board shall levy this penalty only after

affording the accused party the opportunity for a hearing, as

provided in Title 2 of the Pennsylvania Consolidated Statutes

(relating to administrative law and procedure).

(c)  All fines and civil penalties imposed in accordance with

this section shall be paid into the Professional Licensure

Augmentation Account.

Section 11.1.  Injunction Against Unlawful Practice.--It

shall be unlawful for any person to practice, or attempt to

offer to practice, engineering, land surveying [or], geology or

forestry, as defined in this act, without having at the time of

so doing a valid, unexpired, unrevoked and unsuspended license

issued under this act. The unlawful practice of engineering,

land surveying [or], geology or forestry, as defined in this

act, may be enjoined by the courts on petition of the board or

the Commissioner of Professional and Occupational Affairs. In

any such proceeding, it shall not be necessary to show that any

person is individually injured by the actions complained of. If

the respondent is found guilty of the unlawful practice of

engineering, land surveying [or], geology or forestry, the court

shall enjoin him from so practicing unless and until he has been

duly licensed. Procedure in such cases shall be the same as in

any other injunction suit. The remedy by injunction hereby given

is in addition to any other civil or criminal prosecution and

punishment.

Section 10.  Within 90 days of the effective date of this

act, the Governor shall nominate one forester to serve a six-

year term and one forester to serve a four-year term on the

State Registration Board for Professional Engineers, Land

surveyors, Geologists and Foresters.

Section 11.  This act shall take effect in 60 days.