PRINTER'S NO. 1645
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1253
Session of
2015
INTRODUCED BY MUSTIO, KILLION, BLOOM, KOTIK, MURT, ROZZI, THOMAS
AND MILNE, MAY 28, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 28, 2015
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,"
further providing for definitions, for continuing
professional competency requirements, for exemption from
licensure and registration and for status of existing
licensees and registrants preserved.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(c) of the act of May 23, 1945 (P.L.913,
No.367), known as the Engineer, Land Surveyor and Geologist
Registration Law, amended November 24, 1967 (P.L.548, No.270),
is amended to read:
Section 2. Definitions.--As used in this act--
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* * *
(c) "Engineer Intern" formerly known as "Engineer-in-
Training" means a candidate for licensure as a professional
engineer, who has been granted a certificate as an engineer
intern or the predecessor title of engineer-in-training after
successfully passing the prescribed written examination in
fundamental engineering subjects, and who shall be eligible upon
the completion of the requisite years of experience in
engineering, under the supervision of a professional engineer,
or similarly qualified engineer, for the final examination
prescribed for licensure as a professional engineer.
* * *
Section 2. Section 4.5(c) of the act, amended May 12, 2010
(P.L.192, No.25), is amended to read:
Section 4.5. Continuing Professional Competency
Requirements.--* * *
(c) Each licensee shall be required to obtain twenty-four
PDH units during the biennial renewal period. If a licensee
exceeds the requirement in any renewal period, a maximum of
twelve PDH units may be carried forward into the subsequent
renewal period. PDH units may be earned as follows:
(1) Successful completion of college courses relevant to
professional practice.
(2) Completion of continuing education courses relevant to
professional practice.
(3) Completion of [correspondence, televised, videotaped and
other short courses or tutorials relevant to professional
practice.] distance learning courses if the course relates to
professional practice and the PDH units awarded are verifiable
and measurable by the actual hours of instruction.
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(4) Completion of seminars, employer-sponsored courses,
workshops or professional or technical presentations made at
meetings, conventions or conferences relevant to professional
practice.
(5) Teaching, presenting or instructing in any of the
activities listed in clauses (1), (2), (3) and (4).
(6) Authoring published papers, articles or books relevant
to professional practice.
(7) Obtaining patents relevant to professional practice.
* * *
Section 3. 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
by any person who acts under the supervision of a professional
engineer, professional land surveyor or geologist, respectively,
or by an employe of a person lawfully engaged in the practice of
engineering, land surveying or geology and who, in either event,
does not assume responsible charge of design or supervisions;
[(b) The practice of engineering, land surveying or geology,
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 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;]
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(c) The practice of engineering, land surveying or geology
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 by a
regular employe of a public utility company, as defined by the
Public Utility Code (66 Pa.C.S. ยง 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;
(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
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
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
services rendered by, such corporation or its affiliates.]
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(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 4. Section 10 of the act, amended December 19, 1990
(P.L.782, No.192), is amended to read:
Section 10. Status of Existing Licensees and Registrants
Preserved.--(a) Any person, licensed or legally authorized to
practice as a professional engineer or professional land
surveyor in this Commonwealth at the time this act takes effect,
shall thereafter continue to possess the same rights and
privileges with respect to the practice of engineering or land
surveying without being required to be licensed anew under the
provisions of this act. However, all actions shall be subject to
the power of the board as provided in this act to suspend or
revoke the license of any such person for any of the causes set
forth in this act, and subject to the power of the board to
require any such person to register biennially with the board as
provided in this act.
(b) Any person performing activities prior to the effective
date of this subsection that did not require licensure under
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this act may continue to practice those same duties without
obtaining licensure under this act.
Section 5. This act shall take effect in 60 days.
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