1Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as
2amended, "An act relating to and regulating the practice of
3the profession of engineering, including civil engineering,
4mechanical engineering, electrical engineering, mining
5engineering and chemical engineering, the profession of land
6surveying and the profession of geology and constituent parts
7and combinations thereof as herein defined; providing for the
8licensing and registration of persons practicing said
9profession, and the certification of engineers-in-training
10and surveyors-in-training, and the suspension and revocation
11of said licenses, registrations and certifications for
12violation of this act; prescribing the powers and duties of
13the State Registration Board for Professional Engineers, Land
14Surveyors and Geologists, the Department of State and the
15courts; prescribing penalties; and repealing existing laws,"
16expanding the scope of the act to include soil science;
17further providing for definitions; and providing for
18procedure for licensing as professional soil scientist.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. The title and section 1 of the act of May 23,
221945 (P.L.913, No.367), known as the Engineer, Land Surveyor and
23Geologist Registration Law, amended December 16, 1992 (P.L.1151,
24No.151), are amended to read:

25AN ACT

26Relating to and regulating the practice of the profession of

1engineering, including civil engineering, mechanical
2engineering, electrical engineering, mining engineering and
3chemical engineering, the profession of land surveying [and],
4the profession of geology and the profession of soil science
5and constituent parts and combinations thereof as herein
6defined; providing for the licensing and registration of
7persons practicing said profession, and the certification of
8engineers-in-training [and], surveyors-in-training, soil 
9scientists-in-training and the suspension and revocation of
10said licenses, registrations and certifications for violation
11of this act; prescribing the powers and duties of the State
12Registration Board for Professional Engineers, Land Surveyors
13[and], Geologists and Soil Scientists, the Department of
14State and the courts; prescribing penalties; and repealing
15existing laws.

16Section 1. Short Title.--This act shall be known and may be
17cited as the "Engineer, Land Surveyor [and], Geologist and Soil 
18Scientist Registration Law."

19Section 2. Section 2(g) of the act, amended December 16,
201992 (P.L.1151, No.151), is amended and the section is amended
21by adding subsections to read:

22Section 2. Definitions.--As used in this act--

23* * *

24(g) "Board" means The State Registration Board for
25Professional Engineers, Land Surveyors [and], Geologists and 
26Soil Scientists.

27* * *

28(u) "Practice of Soil Science" means any service or work, 
29the adequate performance of which requires education in the 
30physical, chemical and biological sciences, as well as soil 

1science; training and experience in the application of special 
2knowledge of these sciences to the use and management of soils 
3by accepted principles and methods; and investigation, 
4evaluation and consultation in which the performance is related 
5to the public welfare by safeguarding life, health, property and 
6the environment. Practice of soil science includes, but is not 
7limited to, investigating and evaluating the interaction between 
8water, soil, nutrients, plants and other living organisms that 
9are used to prepare soil scientists' reports for subsurface 
10ground absorption systems, including infiltration galleries; 
11land application of residuals such as biosolids, septage and 
12other wastes; spray irrigation and drip dispersal of wastewater; 
13soil remediation at conventional rates; land application of 
14agricultural products; processing residues, bioremediation and 
15volatilization; soil erodibility and sedimentation; soil 
16drainage classification, soil mapping and taxonomic 
17classification; and identification of hydric soil and 
18redoximorphic features.

19(v) "Professional Soil Scientist" means an individual
20licensed and registered under the laws of this Commonwealth to
21engage in the practice of soil science. A professional soil
22scientist may not practice soil science unless licensed and
23registered as a professional soil scientist as defined and set
24forth in this act.

25(w) "Soil Scientist-in-Training" means a candidate for
26licensure as a professional soil scientist who has been granted
27a certificate as a soil scientist-in-training after successfully
28passing the prescribed written examination in fundamental soil
29science subjects and who shall be eligible, upon the completion
30of the requisite years of experience in soil science under the

1supervision of a professional soil scientist or similarly
2qualified soil scientist, for the final examination prescribed
3for licensure as a professional soil scientist.

4Section 3. Section 3 of the act, amended December 16, 1992
5(P.L.1151, No.151), is amended to read:

6Section 3. Practice of Engineering, Land Surveying [or],
7Geology or Soil Science Without Licensure and Registration
8Prohibited.--(a) In order to safeguard life, health or property
9and to promote the general welfare, it is unlawful for any
10person to practice or to offer to practice engineering in this
11Commonwealth, unless he is licensed and registered under the
12laws of this Commonwealth as a professional engineer, for any
13person to practice or to offer to practice land surveying,
14unless he is licensed and registered under the laws of this
15Commonwealth as a professional land surveyor [or], for any
16person to practice or to offer to practice geology unless he is
17licensed and registered under the laws of this Commonwealth as a
18professional geologist or for any person to practice or offer to 
19practice soil science unless he is licensed and registered under 
20the laws of this Commonwealth as a professional soil scientist.
21Individuals licensed as professional engineers, professional
22land surveyors [or], registered landscape architects or 
23professional soil scientists may perform geological work which
24is incidental to their engineering, surveying [or], landscape
25architecture or soil science without being licensed as a
26professional geologist.

27(b) A person shall be construed to practice or offer to
28practice engineering, land surveying [or], geology or soil 
29science who practices any branch of the profession of
30engineering, land surveying [or], geology or soil science; or

1who, by verbal claim, sign, advertisement, letterhead, card, or
2in any other way represents himself to be an engineer, land
3surveyor [or], geologist or soil scientist, or through the use
4of some other title implies that he is an engineer, land
5surveyor [or], geologist or soil scientist or that he is
6registered under this act; or who holds himself out as able to
7perform, or who does perform any engineering, land surveying
8[or], geological or soil science service or work or any other
9service designated by the practitioner or recognized as
10engineering, land surveying [or], geology or soil science.

11Section 4. Section 4(a), (b), (c), (d), (f), (g) and (i) of
12the act, amended December 16, 1992 (P.L.1151, No.151) and May
1312, 2010 (P.L.192, No.25), are amended and the section is
14amended by adding a subsection to read:

15Section 4. General Powers of Board.--The board shall have
16power--

17(a) Approval of Engineering, Surveying [and], Geology and 
18Soil Science Curricula.--To investigate and to approve or
19disapprove engineering, surveying [and], geology and soil 
20science curricula of this State, and other states, territories
21and countries for the education of students desiring to be
22licensed to engage in the practice of engineering, land
23surveying [or], geology or soil science, and to revoke or
24suspend approvals where they are no longer deemed proper.

25(b) Licensing Professional Engineers, Professional Land
26Surveyors [and], Professional Geologists and Professional Soil 
27Scientists.--To provide for and to regulate the licensing, and
28to license to engage in the practice of engineering, land
29surveying [or], geology or soil science any person of good moral
30character and repute who speaks and writes the English language,

1if such person either--

2(1) Holds an unexpired license or certificate of
3registration issued to him by proper authority of some other
4state, foreign country or territory of the United States in
5which the requirements and qualifications to engage in the
6practice of engineering, land surveying [or], geology or soil 
7science were at the time of the initial issuance of such license
8or certificate of registration at least equal to the existing
9standards of this Commonwealth: Provided, however, That such
10other state, territory or foreign country shall similarly
11license or register professional engineers, professional land
12surveyors [or], professional geologists or professional soil 
13scientists licensed and registered in this Commonwealth. A
14person may be licensed under this subsection without
15examination.

16(2) In relation to engineers and surveyors, holds a
17certificate of qualifications issued by the National Bureau of
18Engineering Registration of the National Council of Examiners
19for Engineering and Surveying: Provided, The requirements and
20qualifications of said bodies to engage in the practice of
21engineering or land surveying are at least equal to the
22standards of this Commonwealth. A person may be licensed under
23this subsection without examination.

24In carrying into effect clauses (1) and (2) of subsection (b)
25of this section in relation to engineers and surveyors the board
26may in its discretion enter into agreements for reciprocity with
27the National Council of Examiners for Engineering and Surveying
28and with states under such rules and regulations as the board
29may prescribe.

30(3) Complies with the education and experience criteria and

1successfully completes the two-examination process for licensing
2as a professional engineer, as set forth in section 4.2, or as a
3professional land surveyor, as set forth in section 4.3 [or],
4the examination process for licensing as a professional
5geologist as set forth in section 4.4 or the examination process 
6for licensing as a professional soil scientist as set forth in 
7section 4.6.

8(c) Investigations of Applications; Determination of
9Competency of Applicants.--To investigate the allegations
10contained in any application for licensure or certification
11under this act in order to determine the truth of such
12allegations and to determine the competency of any person
13applying for licensure to assume responsible charge of the work
14involved in the practice of engineering, land surveying [or],
15geology or soil science, such competency to be determined by the
16grade and character of the engineering work, the grade and
17character of the land surveying work [or], the grade and
18character of geologic work or the grade and character of the 
19soil science work actually performed. In relation to engineers
20and surveyors, the mere execution as a contractor of work
21designed by a professional engineer, or the supervision of the
22construction of such work as a foreman or superintendent, or the
23operation or maintenance of machinery or equipment, or work
24performed as a salesman of engineering equipment or apparatus,
25shall not be deemed to be active practice in engineering, unless
26such work has involved the actual practice of engineering.
27Engineering and land surveying work, performed under the
28supervision of a professional engineer or land surveyor,
29respectively, shall be given full credit. Whenever the board
30determines otherwise than by examination, that an applicant has

1not produced sufficient evidence to show that he is competent to
2be placed in responsible charge and shall refuse to examine or
3to license such applicant, it shall set forth in writing its
4findings and the reasons for its conclusions and furnish a copy
5thereof to the applicant.

6(d) Examinations; Fees.--To prescribe the subjects, manner,
7time and place of examinations for licenses as professional
8engineers, professional land surveyors [and], professional
9geologists and professional soil scientists and for certificates
10for engineers-in-training, geologists-in-training [and],
11surveyors-in-training and soil scientists-in-training, and the
12filing of applications for such examinations, and to prepare or
13provide for the preparation of such examinations, conduct or
14provide for the conduct of such examinations, to make written
15reports of such examinations, which reports shall be preserved
16for a period of not less than three years, to collect such fees
17for such examinations, and for licenses and certificates issued
18without examination, as may be fixed according to law, and to
19issue licenses and certificates to such persons as successfully
20pass such examinations.

21* * *

22(f) Roster of Registrants.--To keep a roster showing the
23names and addresses of professional engineers, professional land
24surveyors [and], professional geologists and professional soil 
25scientists licensed under this act, and under prior laws, and
26registered by the board, which roster shall be published in
27booklet form by the board following each biennial renewal.
28Copies of the roster shall be furnished upon request to each
29registered or certified person and may be furnished to other
30persons upon such terms as the board shall prescribe: Provided,

1however, That copies of the roster shall be furnished to the
2Planning Commission and the prothonotary of each county in the
3Commonwealth.

4(g) Suspension and Revocation of Licenses; Registrations and
5Certificates; Reinstatements.--To suspend or revoke the license
6and registration of any professional engineer, professional land
7surveyor [or], professional geologist or professional soil 
8scientist or the certificate of any engineer-in-training, 
9geologist-in-training [or], surveyor-in-training or soil 
10scientist-in-training, who is found guilty by the board, by a
11majority vote of all its members, of the practice of any fraud,
12deceit or misrepresentation in obtaining his license,
13certification or registration, or of gross negligence,
14incompetency or misconduct in the practice of engineering, in
15the practice of land surveying [or], in the practice of geology
16or in the practice of soil science, or of violation of the code
17of ethics of the engineering profession, and to reinstate
18suspended licenses, registrations and certificates in any cases
19where a majority of all the members of the board shall determine
20the same to be just and proper. Unless ordered to do so by a
21court, the board shall not reinstate the license, certificate or
22registration of a person to practice as a professional engineer,
23professional land surveyor, professional geologist, professional 
24soil scientist or an engineer-in-training, geologist-in-training
25[or], a surveyor-in-training or a soil scientist-in-training
26which has been revoked, and such person shall be required to
27apply for a license, certificate or registration after a period
28of five years in accordance with section 2 if he desires to
29practice at any time after such revocation. The board shall
30require a person whose license or registration has been

1suspended or revoked to return the license or registration in
2such manner as the board directs. Failure to do so shall be a
3misdemeanor of the third degree. Misconduct in the practice of
4engineering, land surveying [or], geology or soil science shall
5include, but not be limited to conviction for a criminal offense
6such as extortion, bribery or fraud or entry of a plea of nolo
7contendere to a charge thereof for conduct relating to the
8practice of engineering, land surveying [or], geology or soil 
9science, or has violated any provision of this act or any
10regulation promulgated by the board. For the purposes of this
11subsection, the code of ethics is as follows:

12It shall be considered unprofessional and inconsistent with
13honorable and dignified bearing for any professional engineer,
14professional land surveyor [or], professional geologist or 
15professional soil scientist:

16(1) To act for his client or employer in professional
17matters otherwise than as a faithful agent or trustee, or to
18accept any remuneration other than his stated recompense for
19services rendered.

20(2) To attempt to injure falsely or maliciously, directly or
21indirectly, the professional reputation, prospects or business
22of anyone.

23(3) To attempt to supplant another engineer, land surveyor
24[or], geologist or soil scientist after definite steps have been
25taken toward his employment.

26(4) To compete with another engineer, land surveyor [or],
27geologist or soil scientist for employment by the use of
28unethical practices.

29(5) To review the work of another engineer, land surveyor
30[or], geologist or soil scientist for the same client, except

1with the knowledge of such engineer, land surveyor [or],
2geologist or soil scientist, or unless the connection of such
3engineer, land surveyor [or], geologist or soil scientist with
4the work has terminated.

5(6) To attempt to obtain or render technical services or
6assistance without fair and just compensation commensurate with
7the services rendered: Provided, however, the donation of such
8services to a civic, charitable, religious or eleemosynary
9organization shall not be deemed a violation.

10(7) To advertise in self-laudatory language, or in any other
11manner, derogatory to the dignity of the profession.

12(8) To attempt to practice in any field of engineering, land
13surveying [or], geology or soil science in which the registrant
14is not proficient.

15(9) To use or permit the use of his professional seal on
16work over which he was not in responsible charge.

17(10) To aid or abet any person in the practice of
18engineering, land surveying [or], geology or soil science not in
19accordance with the provision of this act or prior laws.

20The board shall appoint, with the approval of the Governor,
21such hearing examiners as shall be necessary to conduct hearings
22as may be required under this subsection.

23The board shall have the power to adopt and promulgate rules
24and regulations setting forth the functions, powers, standards
25and duties to be followed by the hearing examiners.

26The hearing examiners shall have the power to conduct
27hearings in accordance with the regulations of the board, and to
28issue subpoenas requiring the attendance and testimony of
29individuals or the production of, pertinent books, records,
30documents and papers by persons whom they believe to have

1information relevant to any matter pending before the examiner.
2Such examiner shall also have the power to administer oaths.

3The hearing examiner shall hear evidence submitted and
4arguments of counsel, if any, with reasonable dispatch, and
5shall promptly record his decision, supported by findings of
6fact, and a copy thereof shall immediately be sent to the board
7and to counsel of record, or the parties, if not represented.

8If application for review is made to the board within twenty
9days from the date of any decision made as a result of a hearing
10held by a hearing examiner, the board shall review the evidence,
11and if deemed advisable by the board, hear argument and
12additional evidence. As soon as practicable, the board shall
13make a decision and shall file the same with its finding of the
14facts on which it is based and send a copy thereof to each of
15the parties in dispute.

16* * *

17(i) Administration and Enforcement of Laws.--To administer
18and enforce the laws of the Commonwealth relating to the
19practice of engineering, land surveying [and], geology and soil 
20science, and to instruct and require its agents to bring
21prosecutions for unauthorized and unlawful practices.

22* * *

23(o) Affiliation With the Council of Soil Science Examiners;
24Dues.--To become affiliated with the Council of Soil Science
25Examiners, and to pay such dues as the council shall establish,
26and to send delegates to the annual meeting of the council, and
27to defray their expenses.

28Section 5. Section 4.1 of the act, amended December 16, 1992
29(P.L.1151, No.151) and November 25, 2002 (P.L.1113, No.136), is
30amended to read:

1Section 4.1. State Registration Board for Professional
2Engineers, Land Surveyors [and], Geologists and Soil 
3Scientists.--(a) There is hereby established within the
4Department of State the State Registration Board for
5Professional Engineers, Land Surveyors [and], Geologists and 
6Soil Scientists. The board shall consist of the Commissioner of
7Professional and Occupational Affairs, three members appointed
8by the Governor who shall be persons representing the public at
9large and [nine] eleven members appointed by the Governor, five
10of whom shall be registered professional engineers, two of whom
11shall be registered professional land surveyors [and], two of
12whom shall be registered professional geologists and two of whom 
13shall be professional soil scientists. Any land surveyor
14appointed to serve on the board shall have received the land
15surveyor license upon the passage of the appropriate
16examination. Any geologist licensed under section 4.4 of this
17act shall be eligible for appointment to the board. The
18professional members of the board shall be so selected that not
19more than two of them shall specialize in any one of the five
20major disciplines of engineering: civil, mining and
21metallurgical, mechanical, electrical and chemical. Each member
22of the board shall be a citizen of the United States and a
23resident of this Commonwealth. Each professional member shall
24have been engaged in the practice of the respective profession
25for at least ten years and shall have been in responsible charge
26of work for at least five years.

27(b) The terms of members of the board shall be six years, or
28until his successor has been appointed and qualified but not
29longer than six months beyond the six-year period. In the event
30that any of said members shall die or resign during his term,

1his successor shall be appointed in the same way and with the
2same qualifications and shall hold office for the unexpired
3term. No member shall be eligible for appointment to serve more
4than two consecutive full terms.

5(c) [Seven] Eight members of the board shall constitute a
6quorum. A member may not be counted as part of a quorum or vote
7on any issue, other than temporary and automatic suspension,
8under this act unless he is physically in attendance at the
9meeting.

10(d) The board shall select annually a president from among
11its members.

12(e) Each member of the board, except the Commissioner of
13Professional and Occupational Affairs and the Director of the
14Bureau of Consumer Protection in the Office of Attorney General,
15or his designee, shall receive sixty dollars per diem when
16actually attending to the work of the board. Members shall also
17receive the amount of reasonable traveling, hotel and other
18necessary expenses incurred in the performance of their duties.

19[(f) The board is subject to evaluation, review and
20termination within the time and in the manner provided in the
21act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
22Act."]

23(g) A member of the board who fails to attend three
24consecutive meetings shall forfeit his seat unless the
25Commissioner of Professional and Occupational Affairs, upon
26written request from the member, finds that the member should be
27excused from a meeting because of illness or the death of a
28family member.

29(h) A public member who fails to attend two consecutive
30statutorily mandated training seminars in accordance with

1section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
2known as "The Administrative Code of 1929," shall forfeit board
3membership unless the Commissioner of Professional and
4Occupational Affairs, upon written request from the public
5member, finds that the public member should be excused from a
6meeting because of illness or the death of a family member.

7Section 6. Section 4.5(a) and (c) of the act, amended May
812, 2010 (P.L.192, No.25), are amended to read:

9Section 4.5. Continuing Professional Competency 
10Requirements.--(a) In order to help safeguard life, health and 
11property and to promote the public welfare, the practice of 
12professional engineering, professional land surveying [and], 
13professional geology and professional soil science in this 
14Commonwealth requires continuing professional competency.

15* * *

16(c) Each licensee shall be required to obtain twenty-four
17PDH units during the biennial renewal period. If a licensee
18exceeds the requirement in any renewal period, a maximum of
19twelve PDH units may be carried forward into the subsequent
20renewal period. PDH units may be earned as follows:

21(1) Successful completion of college courses relevant to
22professional practice.

23(2) Completion of continuing education courses relevant to
24professional practice.

25(3) Completion of correspondence, televised, videotaped and
26other short courses or tutorials relevant to professional
27practice.

28(4) Completion of seminars, employer-sponsored courses,
29workshops or professional or technical presentations made at
30meetings, conventions or conferences relevant to professional

1practice.

2(5) Teaching, presenting or instructing in any of the
3activities listed in clauses (1), (2), (3) and (4).

4(6) Authoring published papers, articles or books relevant
5to professional practice.

6(7) Obtaining patents relevant to professional practice.

7(8) For individuals licensed as a professional soil
8scientist under section 4.6, successful completion of a
9designated program offered by the Soil Science Society of
10America, which shall equal the twenty-four PDH units described
11under this subsection.

12* * *

13Section 7. The act is amended by adding a section to read:

14Section 4.6. Procedure for Licensing as Professional Soil
15Scientist.--(a) An applicant for licensure as a professional
16soil scientist shall complete an application for licensure and
17pay fees as required by the board.

18(b) An applicant shall be qualified to be licensed after
19submission of proof satisfactory to the board that the
20applicant:

21(1) Is of good moral character.

22(2) Has graduated from an accredited institution of higher 
23learning with a bachelor of science or bachelor of arts degree 
24or advanced degree with at least fifteen credits in soil
25science.

26(3) Has completed at least five years of professional soil 
27science work, or has completed a minimum of three years of 
28professional soil science work under the supervision of a 
29licensed professional soil scientist and two years of graduate 
30school in a relevant field.

1(4) Has passed an examination on fundamentals of soil
2science and professional practice of soil science adopted by the
3board with development of the examination in conjunction with
4the Council of Soil Science Examiners of the Soil Science
5Society of America.

6(c) Those individuals who are engaged in the practice of
7soil science at the time of enactment who have submitted proof
8that they have the designation of Certified Professional Soil
9Scientist or Certified Professional Soil Classifier through the
10certification program of the Soil Science Society of America
11shall be deemed to have met the requirements of subsection (b).

12(d) Those individuals who are engaged in the practice of
13soil science at the time of enactment who meet the requirements
14in section 4(b) will be exempted from taking the examination
15specified in section (4)(b).

16Section 8. Sections 5, 7, 9, 10.2, 11 and 11.1 of the act,
17amended December 16, 1992 (P.L.1151, No.151), are amended to
18read:

19Section 5. Exemption from Licensure and Registration.--
20Except as specifically provided in this section, this act shall
21not be construed to require licensure and registration in the
22following cases:

23(a) The practice of engineering, land surveying [or],
24geology or soil science by any person who acts under the
25supervision of a professional engineer, professional land
26surveyor [or], geologist or professional soil scientist,
27respectively, or by an employe of a person lawfully engaged in
28the practice of engineering, land surveying [or], geology or 
29soil science and who, in either event, does not assume
30responsible charge of design or supervisions;

1(b) The practice of engineering, land surveying [or],
2geology or soil science, not exceeding thirty days in the
3aggregate in one calendar year, by a nonresident not having a
4place of business in this Commonwealth, if such person is
5legally qualified to engage in the practice of engineering, land
6surveying or geology in the state or territory of his residence:
7Provided, That standards of such state or territory are at least
8equal to the standards of this Commonwealth;

9(c) The practice of engineering, land surveying [or],
10geology or soil science by officers and employes of the United
11States Government for the said government;

12(d) Except as otherwise provided in subsection (g) of this
13section, the practice of engineering or land surveying by a
14regular employe of a public utility company, as defined by the
15Public Utility Code (66 Pa.C.S. § 101 et seq.) in connection
16with the facilities of such public utility, which are subject to
17regulation by the Pennsylvania Public Utility Commission:
18Provided, That such public utility shall employ at least one
19professional engineer, as defined in this act, who shall be in
20responsible charge of such utility's engineering work and shall
21employ at least one professional land surveyor, as defined in
22this act, who shall be in responsible charge of such utility's
23land surveying;

24(e) The practice of architecture by a duly registered
25architect, and the doing of such engineering work as is
26incidental to his architectural work;

27(f) The practice of engineering, land surveying [or],
28geology or soil science by any person or by any employe of any
29copartnership, association or corporation upon property owned by
30such person or such copartnership, association or corporation,

1unless such practice affects the public safety or health or the
2property of some other person or entity.

3(g) The practice of engineering, land surveying [or],
4geology or soil science work by a manufacturing, mining,
5communications common carrier, research and development or other
6industrial corporation or by employes of such corporation,
7provided such work is in connection with or incidental to
8products of, or non-engineering services rendered by, such
9corporation or its affiliates.

10(h) The running of lines or grades and layout work on or
11within established property limits, or from established points
12outside the property limits to or within such property limits
13when performed by a contractor or home builder in conjunction
14with the construction, reconstruction, alteration, maintenance
15or demolition of a structure or other facility.

16(i) The writing of deed descriptions.

17(j) The preparation of shop drawings or the performance of
18construction management services by persons customarily engaged
19in construction work.

20(k) The practice of individuals providing geologic services, 
21excluding soil science services, to businesses engaged in the
22exploration or development of gas or oil.

23Section 7. Seal of Registrants.--(a) Each person,
24registered under this act, shall obtain a seal of a design
25authorized by the board which shall bear the registrant's name
26and number and the legend "Registered Professional Engineer,"
27"Registered Professional Land Surveyor" [or], "Registered
28Professional Geologist" or "Registered Professional Soil 
29Scientist." Such seal, or a facsimile imprint of same, shall be
30stamped on all plans, specifications, plats and reports issued

1by a professional engineer, professional land surveyor [or],
2professional geologist or professional soil scientist.

3(b) It shall be unlawful for any person to use such seal
4during the period the license or registration of the holder
5thereof has been suspended or revoked, or to use a seal of any
6design not approved by the board.

7Section 9. Fees.--(a) The fee for an applicant for
8licensure as a professional engineer, professional land surveyor
9[or], professional geologist or professional soil scientist,
10including examination, and for examination or certification, or
11both, as an engineer-in-training or a surveyor-in-training,
12shall be as fixed by the board by regulation and shall be
13subject to review in accordance with the act of June 25, 1982
14(P.L.633, No.181), known as the "Regulatory Review Act." If the
15revenues generated by fees, fines and civil penalties imposed in
16accordance with the provisions of this act are not sufficient to
17match expenditures over a two-year period, the board shall
18increase those fees by regulation, subject to review in
19accordance with the "Regulatory Review Act," such that the
20projected revenues will meet or exceed projected expenditures.

21(b) If the Bureau of Professional and Occupational Affairs
22determines that the fees established by the board are inadequate
23to meet the minimum enforcement efforts required, then the
24bureau, after consultation with the board, shall increase the
25fees by regulation, subject to review in accordance with the
26"Regulatory Review Act," such that adequate revenues are raised
27to meet the required enforcement effort.

28(c) All persons now qualified and engaged in the practice of
29engineering, land surveying [and], geology and soil science, or
30who shall hereafter be licensed by the board, shall register,

1biennially, with the board and pay the fee for each biennial
2registration. All fees collected under the provisions of this
3act shall be received by the board and shall be paid into the
4Professional Licensure Augmentation Account.

5Section 10.2. Reporting of Multiple Licensure.--Any licensee
6of this Commonwealth who is also licensed to practice
7engineering, land surveying [or], geology or soil science in any
8other state, territory or country shall report this information
9to the board on the biennial renewal application. Any
10disciplinary action taken in other states, territories or
11countries shall be reported to the board on the biennial renewal
12application or within ninety days of final disposition,
13whichever is sooner. Multiple licensure shall be noted by the
14board on the engineer's, land surveyor's [or], geologist's or 
15soil scientist's record, and each state, territory or country
16shall be notified by the board of any disciplinary action taken
17against the licensee in this Commonwealth.

18Section 11. Penalties.--(a) Whoever shall engage in the
19practice of engineering, the practice of land surveying [or],
20the practice of geology or the practice of soil science without
21being licensed and registered as required by this act, or
22exempted therefrom, as provided in this act, or shall present or
23attempt to use, as his own, the license or certificate of
24registration of another, or shall give any false or forged
25evidence of any kind to the board, or to any member thereof, in
26order to obtain a license or registration as a professional
27engineer, professional land surveyor [or], professional
28geologist or professional soil scientist or a certificate as an
29engineer-in-training [or], surveyor-in-training or soil 
30scientist-in-training, or shall use any expired, suspended or

1revoked certificate of registration, or shall otherwise violate
2the provisions of this act, shall be guilty of a summary offense
3and upon conviction thereof for a first offense, shall be
4sentenced to pay a fine not exceeding one thousand dollars, or
5suffer imprisonment, not exceeding three months, or both and for
6a second or subsequent offense shall be guilty of a felony, and
7upon conviction thereof, shall be sentenced to pay a fine of not
8less than two thousand dollars but not more than five thousand
9dollars or to imprisonment for not less than one year but not
10more than two years, or both.

11(b) In addition to any other civil remedy or criminal
12penalty provided for in this act, the board, by a vote of the
13majority of the maximum number of the authorized membership of
14the board as provided by law, or by a vote of the majority of
15the duly qualified and confirmed membership or a minimum of six
16members, whichever is greater, may levy a civil penalty of up to
17one thousand dollars on any current licensee who violates any
18provision of this act or on any person who practices the
19profession of an engineer, land surveyor [or], geologist or soil 
20scientist without being properly licensed to do so under this
21act. The board shall levy this penalty only after affording the
22accused party the opportunity for a hearing, as provided in
23Title 2 of the Pennsylvania Consolidated Statutes (relating to
24administrative law and procedure).

25(c) All fines and civil penalties imposed in accordance with
26this section shall be paid into the Professional Licensure
27Augmentation Account.

28Section 11.1. Injunction Against Unlawful Practice.--It
29shall be unlawful for any person to practice, or attempt to
30offer to practice, engineering, land surveying [or], geology or 

1soil science, as defined in this act, without having at the time
2of so doing a valid, unexpired, unrevoked and unsuspended
3license issued under this act. The unlawful practice of
4engineering, land surveying [or], geology or soil science, as
5defined in this act, may be enjoined by the courts on petition
6of the board or the Commissioner of Professional and
7Occupational Affairs. In any such proceeding, it shall not be
8necessary to show that any person is individually injured by the
9actions complained of. If the respondent is found guilty of the
10unlawful practice of engineering, land surveying [or], geology
11or soil science, the court shall enjoin him from so practicing
12unless and until he has been duly licensed. Procedure in such
13cases shall be the same as in any other injunction suit. The
14remedy by injunction hereby given is in addition to any other
15civil or criminal prosecution and punishment.

16Section 9. This act shall take effect in 60 days.