PRINTER'S NO. 957
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
845
Session of
2015
INTRODUCED BY SCHWANK, VOGEL, GREENLEAF, FARNESE, FONTANA,
COSTA, MENSCH AND YAW, MAY 20, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 20, 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,"
expanding the scope of the act to include soil science;
further providing for definitions; and providing for
procedure for licensing as professional soil scientist.
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
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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 soil science
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, soil
scientists-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 Soil Scientists, 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 Soil
Scientist Registration Law."
Section 2. Section 2(g) of the act, amended December 16,
1992 (P.L.1151, No.151), is 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
Soil Scientists.
* * *
(u) " Practice of Soil Science" means the practice or the
offer to practice soil science for others for a fee. The term
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includes, but is not limited to: describing and classifying
soils; soil mapping; predicting, determining and locating
natural or man-induced soil conditions which may be useful or
hazardous to mankind; recognizing, determining and evaluating
soil conditions important to soil and land use; and developing
soil management means to ensure the public welfare by
safeguarding life, health, property and the environment. The
term includes the performance of soil science service or work,
consultation, investigation, evaluation, planning, mapping and
inspection of soil science work required in implementing the
provisions of any Federal, State or local law or regulation or
the provisions of any ordinance, code, rule or permit required
by any political subdivision. This subsection may not be
construed to preclude the practice of soil science by other
scientific disciplines, where the practice is regulated by
separate rules, certification or licensure.
(v) "Professional Soil Scientist" means an individual
licensed and registered under the laws of this Commonwealth to
engage in the practice of soil science.
(w) "Soil Science" means the science that investigates soil
as a natural three-dimensional body comprised of solids
(minerals and organic matter), liquids, and gases, existing at
the earth's surface, capable of supporting the growth of land
plants and having properties resulting from the integrated
effects of climate and living organisms, acting on earthy parent
material, as conditioned by topography, over periods of time.
Soil science includes, but is not limited to, the study of: soil
formation, classification and mapping; physical, chemical,
biological and fertility properties of soils; and the
interpretation of these properties in relation to the use and
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management of soils. The term also includes the subdisciplines
of pedology (study of soil morphology, formation and
classification), soil biology (study of soil organisms), soil
edaphology (influence of soil on organisms, especially plants),
soil chemistry and soil physics.
(x) "Soil Scientist-in-Training" means a candidate for
licensure as a professional soil scientist who has been granted
a certificate as a soil scientist-in-training after successfully
passing the prescribed written examination in fundamental soil
science subjects and who shall be eligible, upon the completion
of the requisite years of experience in soil science under the
supervision of a professional soil scientist or similarly
qualified soil scientist, for the final examination prescribed
for licensure as a professional soil scientist.
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 Soil Science 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 offer to
practice soil science unless he is licensed and registered under
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the laws of this Commonwealth as a professional soil scientist.
Individuals licensed as professional engineers, professional
land surveyors [or], registered landscape architects or
professional soil scientists may perform geological work which
is incidental to their engineering, surveying [or], landscape
architecture or soil science without being licensed as a
professional geologist. This subsection may not be construed to
preclude the practice of soil science by other scientific
disciplines, where the practice is regulated by separate rules,
certification or licensure.
(b) A person shall be construed to practice or offer to
practice engineering, land surveying [or], geology or soil
science who practices any branch of the profession of
engineering, land surveying [or], geology or soil science; 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 soil scientist, or through the use
of some other title implies that he is an engineer, land
surveyor [or], geologist or soil scientist 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 soil science service or work or any other
service designated by the practitioner or recognized as
engineering, land surveying [or], geology or soil science.
Section 4. Section 4(a), (b), (c), (d), (f), (g) and (i) of
the act, amended December 16, 1992 (P.L.1151, No.151) and May
12, 2010 (P.L.192, No.25), are amended and the section is
amended by adding a subsection to read:
Section 4. General Powers of Board.--The board shall have
power--
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(a) Approval of Engineering, Surveying [and], Geology and
Soil Science Curricula.--To investigate and to approve or
disapprove engineering, surveying [and], geology and soil
science 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 soil science, 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 Soil
Scientists.--To provide for and to regulate the licensing, and
to license to engage in the practice of engineering, land
surveying [or], geology or soil science 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 soil
science 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 soil
scientists 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
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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 the examination process
for licensing as a professional soil scientist 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 soil science, such competency to be determined by the
grade and character of the engineering work, the grade and
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character of the land surveying work [or], the grade and
character of geologic work or the grade and character of the
soil science 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 soil scientists and for certificates
for engineers-in-training, geologists-in-training [and],
surveyors-in-training and soil scientists-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
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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.
* * *
(f) Roster of Registrants.--To keep a roster showing the
names and addresses of professional engineers, professional land
surveyors [and], professional geologists and professional soil
scientists 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 soil
scientist or the certificate of any engineer-in-training,
geologist-in-training [or], surveyor-in-training or soil
scientist-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 soil science, or of violation of the code
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of ethics of the engineering profession, and to reinstate
suspended licenses, registrations and certificates in any cases
where a majority of all the members of the board shall determine
the same to be just and proper. Unless ordered to do so by a
court, the board shall not reinstate the license, certificate or
registration of a person to practice as a professional engineer,
professional land surveyor, professional geologist, professional
soil scientist or an engineer-in-training, geologist-in-training
[or], a surveyor-in-training or a soil scientist-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 soil science 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 soil
science, 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 soil scientist:
(1) To act for his client or employer in professional
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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 soil scientist after definite steps have been
taken toward his employment.
(4) To compete with another engineer, land surveyor [or],
geologist or soil scientist for employment by the use of
unethical practices.
(5) To review the work of another engineer, land surveyor
[or], geologist or soil scientist for the same client, except
with the knowledge of such engineer, land surveyor [or],
geologist or soil scientist, or unless the connection of such
engineer, land surveyor [or], geologist or soil scientist 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 soil science 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.
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(10) To aid or abet any person in the practice of
engineering, land surveying [or], geology or soil science 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.
* * *
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(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 and soil
science, and to instruct and require its agents to bring
prosecutions for unauthorized and unlawful practices.
* * *
(o) Affiliation With the Council of Soil Science Examiners;
Dues.--To become affiliated with the Council of Soil Science
Examiners, and to pay the dues as established by the council,
and to send delegates to the annual meeting of the council, and
to defray the delegate's 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 Soil
Scientists.--(a) There is hereby established within the
Department of State the State Registration Board for
Professional Engineers, Land Surveyors [and], Geologists and
Soil Scientists. 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 professional soil scientists. Any land surveyor
appointed to serve on the board shall have received the land
surveyor license upon the passage of the appropriate
examination. Any geologist licensed under section 4.4 of this
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act shall be eligible for appointment to the board. 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
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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. Section 4.5(a) and (c) of the act, amended May
12, 2010 (P.L.192, No.25), are amended to read:
Section 4.5. Continuing Professional Competency
Requirements.--(a) In order to help safeguard life, health and
property and to promote the public welfare, the practice of
professional engineering, professional land surveying [and],
professional geology and professional soil science in this
Commonwealth requires continuing professional competency.
* * *
(c) Each licensee shall be required to obtain twenty-four
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PDH units during the biennial renewal period. If a licensee
exceeds the requirement in any renewal period, a maximum of
twelve PDH units may be carried forward into the subsequent
renewal period. PDH units may be earned as follows:
(1) Successful completion of college courses relevant to
professional practice.
(2) Completion of continuing education courses relevant to
professional practice.
(3) Completion of correspondence, televised, videotaped and
other short courses or tutorials relevant to professional
practice.
(4) Completion of seminars, employer-sponsored courses,
workshops or professional or technical presentations made at
meetings, conventions or conferences relevant to professional
practice.
(5) Teaching, presenting or instructing in any of the
activities listed in clauses (1), (2), (3) and (4).
(6) Authoring published papers, articles or books relevant
to professional practice.
(7) Obtaining patents relevant to professional practice.
(8) For individuals licensed as a professional soil
scientist under section 4.6, successful completion of a
designated program offered by the Soil Science Society of
America, that shall equal the twenty-four PDH units described
under this subsection.
* * *
Section 7. The act is amended by adding a section to read:
Section 4.6. Procedure for Licensing as Professional Soil
Scientist.--(a) An applicant for licensure as a professional
soil scientist shall complete an application for licensure and
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pay fees as required by the board.
(b) An applicant must be qualified to be licensed after
submission of proof satisfactory to the board that the
applicant:
(1) Is of good moral character.
(2) Has graduated from an accredited institution of higher
learning with a bachelor of science or bachelor of arts degree
or advanced degree with at least fifteen credits in soil
science.
(3) Has completed at least five years of professional soil
science work, or has completed a minimum of three years of
professional soil science work under the supervision of a
licensed professional soil scientist and two years of graduate
school in a relevant field.
(4) Has passed an examination on fundamentals of soil
science and professional practice of soil science adopted by the
board with development of the examination in conjunction with
the Council of Soil Science Examiners of the Soil Science
Society of America.
(c) Within one year from the effective date of this section,
the individuals who are engaged in the practice of soil science
on the date of enactment who have submitted proof that they have
the designation of Certified Professional Soil Scientist or
Certified Professional Soil Classifier through the certification
program of the Soil Science Society of America shall be deemed
to have met the requirements of subsection (b).
(d) Within one year from the effective date of this section,
the individuals who are engaged in the practice of soil science
on the date of enactment who meet the requirements in subsection
(b)(1), (2) and (3) shall be exempt from taking the examination
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specified in subsection (b)(4).
Section 8. Sections 5, 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 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 soil science by any person who acts under the
supervision of a professional engineer, professional land
surveyor [or], geologist or professional soil scientist,
respectively, or by an employe of a person lawfully engaged in
the practice of engineering, land surveying [or], geology or
soil science and who, in either event, does not assume
responsible charge of design or supervisions;
(b) The practice of engineering, land surveying [or],
geology or soil science, 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;
(c) The practice of engineering, land surveying [or],
geology or soil science 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
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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;
(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 soil science 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 soil science 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.
(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
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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,
excluding soil science services, to businesses engaged in the
exploration or development of gas or oil.
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 Soil
Scientist." 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 soil scientist.
(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 soil scientist,
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
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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 soil science, 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 soil science 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
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soil scientist'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 soil science 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 soil scientist or a certificate as an
engineer-in-training [or], surveyor-in-training or soil
scientist-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
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the duly qualified and confirmed membership or a minimum of six
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 soil
scientist 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
soil science, 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 soil science, 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 soil science, 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
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civil or criminal prosecution and punishment.
Section 9. This act shall take effect in 60 days.
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