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| PRIOR PRINTER'S NO. 1129 | PRINTER'S NO. 2060 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ADOLPH, KILLION, MUSTIO, BOYD, BRENNAN, DENLINGER, GEIST, GINGRICH, GROVE, HARHAI, HARHART, KULA, LONGIETTI, MILLER, MOUL, PAYNE, REICHLEY, SCAVELLO, SIPTROTH, WATSON, YUDICHAK, W. KELLER AND GIBBONS, MARCH 18, 2009 |
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| AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 2009 |
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| AN ACT |
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1 | Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as |
2 | amended, "An act relating to and regulating the practice of |
3 | the profession of engineering, including civil engineering, |
4 | mechanical engineering, electrical engineering, mining |
5 | engineering and chemical engineering, the profession of land |
6 | surveying and the profession of geology and constituent parts |
7 | and combinations thereof as herein defined; providing for the |
8 | licensing and registration of persons practicing said |
9 | profession, and the certification of engineers-in-training |
10 | and surveyors-in-training, and the suspension and revocation |
11 | of said licenses, registrations and certifications for |
12 | violation of this act; prescribing the powers and duties of |
13 | the State Registration Board for Professional Engineers, Land |
14 | Surveyors and Geologists, the Department of State and the |
15 | courts; prescribing penalties; and repealing existing laws," |
16 | adding definitions; further providing for general powers of | <-- |
17 | board and for procedure for licensing as professional |
18 | geologist; providing for continuing professional competency |
19 | and education requirements; and further providing for |
20 | practice by firms and corporations. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. Section 4.5 of the act of May 23, 1945 (P.L.913, | <-- |
24 | No.367), known as the Engineer, Land Surveyor and Geologist |
25 | Registration Law, added November 29, 2006 (P.L.1534, No.170), is |
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1 | amended to read: |
2 | Section 1. Section 2 of the act of May 23, 1945 (P.L.913, | <-- |
3 | No.367), known as the Engineer, Land Surveyor and Geologist |
4 | Registration Law, is amended by adding subsections to read: |
5 | Section 2. Definitions.--As used in this act-- |
6 | * * * |
7 | (o) "Activity" shall mean any qualifying activity with a |
8 | clear purpose and objective which will maintain, improve or |
9 | expand the skills and knowledge relevant to a licensee's |
10 | professional practice. |
11 | (p) "College or Unit Semester Hour" or "College or Unit |
12 | Quarter Hour" shall mean credit for courses in programs approved |
13 | by the Accreditation Board of Engineering and Technology or the |
14 | National Association of State Boards of Geology or other related |
15 | college courses. |
16 | (q) "Continuing Education Unit" shall mean a unit of credit |
17 | customarily used for continuing education courses. |
18 | (r) "Course" shall mean any qualifying course with a clear |
19 | purpose and objective which will maintain, improve or expand the |
20 | skills and knowledge relevant to a licensee's professional |
21 | practice. |
22 | (s) "Geologist-in-training" means a candidate for licensure |
23 | as a professional geologist who has been granted a certificate |
24 | as a geologist-in-training after successfully passing the |
25 | required written examination in fundamental geology subjects and |
26 | who shall be eligible, upon completion of the requisite years of |
27 | experience in geology under the supervision of a professional or |
28 | similarly qualified geologist, for the final examination |
29 | prescribed for licensure as a professional geologist. |
30 | (t) "Professional Development Hour" or "PDH" shall mean |
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1 | fifty minutes of instruction or presentation relevant to |
2 | professional practice or any equivalent. |
3 | Section 2. Sections 4(d) and (g) and 4.4 of the act, amended |
4 | or added December 16, 1992 (P.L.1151, No.151), are amended and |
5 | the sections are amended by adding subsections to read: |
6 | Section 4. General Powers of Board.--The board shall have |
7 | power-- |
8 | * * * |
9 | (d) Examinations; Fees.--To prescribe the subjects, manner, |
10 | time and place of examinations for licenses as professional |
11 | engineers, professional land surveyors and professional |
12 | geologists and for certificates for engineers-in-training, |
13 | geologists-in-training and surveyors-in-training, and the filing |
14 | of applications for such examinations, and to prepare or provide |
15 | for the preparation of such examinations, conduct or provide for |
16 | the conduct of such examinations, to make written reports of |
17 | such examinations, which reports shall be preserved for a period |
18 | of not less than three years, to collect such fees for such |
19 | examinations, and for licenses and certificates issued without |
20 | examination, as may be fixed according to law, and to issue |
21 | licenses and certificates to such persons as successfully pass |
22 | such examinations. |
23 | * * * |
24 | (g) Suspension and Revocation of Licenses; Registrations and |
25 | Certificates; Reinstatements.--To suspend or revoke the license |
26 | and registration of any professional engineer, professional land |
27 | surveyor or professional geologist or the certificate of any |
28 | engineer-in-training, geologist-in-training or surveyor-in- |
29 | training, who is found guilty by the board, by a majority vote |
30 | of all its members, of the practice of any fraud, deceit or |
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1 | misrepresentation in obtaining his license, certification or |
2 | registration, or of gross negligence, incompetency or misconduct |
3 | in the practice of engineering, in the practice of land |
4 | surveying or in the practice of geology, or of violation of the |
5 | code of ethics of the engineering profession, and to reinstate |
6 | suspended licenses, registrations and certificates in any cases |
7 | where a majority of all the members of the board shall determine |
8 | the same to be just and proper. Unless ordered to do so by a |
9 | court, the board shall not reinstate the license, certificate or |
10 | registration of a person to practice as a professional engineer, |
11 | professional land surveyor, professional geologist or an |
12 | engineer-in-training, geologist-in-training or a surveyor-in- |
13 | training which has been revoked, and such person shall be |
14 | required to apply for a license, certificate or registration |
15 | after a period of five years in accordance with section 2 if he |
16 | desires to practice at any time after such revocation. The board |
17 | shall require a person whose license or registration has been |
18 | suspended or revoked to return the license or registration in |
19 | such manner as the board directs. Failure to do so shall be a |
20 | misdemeanor of the third degree. Misconduct in the practice of |
21 | engineering, land surveying or geology shall include, but not be |
22 | limited to conviction for a criminal offense such as extortion, |
23 | bribery or fraud or entry of a plea of nolo contendere to a |
24 | charge thereof for conduct relating to the practice of |
25 | engineering, land surveying or geology, or has violated any |
26 | provision of this act or any regulation promulgated by the |
27 | board. For the purposes of this subsection, the code of ethics |
28 | is as follows: |
29 | * * * |
30 | (n) Member of National Association of State Boards of |
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1 | Geology; Dues.--To become a member of the National Association |
2 | of State Boards of Geology, to pay dues as the association shall |
3 | establish, to send delegates to the annual meeting of the |
4 | association and to defray their expenses. |
5 | Section 4.4. Procedure for Licensing as Professional |
6 | Geologist.--(a) [The board shall provide for a licensure |
7 | examination. All written, oral and practical examinations shall |
8 | be prepared and administered by a qualified and approved |
9 | professional testing organization in the manner prescribed for |
10 | written examinations by the provisions of section 812.1 of the |
11 | act of April 9, 1929 (P.L.177, No.175), known as "The |
12 | Administrative Code of 1929." However, during the first two |
13 | years after the effective date of this act, the board shall |
14 | issue licenses without examination to applicants who meet the |
15 | requirements of subsection (b)(1), (2), (3) and (5). The board |
16 | may further postpone the examination for up to two additional |
17 | years if necessary in order to provide for an examination in |
18 | accordance with section 812.1 of "The Administrative Code of |
19 | 1929."] An applicant for licensure as a professional geologist |
20 | shall satisfactorily complete the fundamentals of geology |
21 | examination and provide the board with satisfactory evidence of |
22 | experience that would have prepared the applicant for the |
23 | practice of geology. |
24 | * * * |
25 | (c) (1) An applicant for the geologist-in-training |
26 | certificate shall provide satisfactory evidence of graduation |
27 | from an approved geology curriculum of four or more years. |
28 | (2) A geology student that has completed two or more years |
29 | of an approved program in geology may sit for the fundamentals |
30 | of geology examination if approved by the board but may not be |
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1 | certified until proof of graduation is submitted to the board. |
2 | (d) Upon graduation an applicant that has satisfactorily |
3 | completed the fundamentals of geology examination shall be |
4 | certified as a geologist-in-training and may retain that |
5 | certification until the applicant becomes licensed as a |
6 | professional geologist. |
7 | Section 3. Section 4.5 of the act, added November 29, 2006 |
8 | (P.L.1534, No.170), is amended to read: |
9 | Section 4.5. [Mandatory Continuing Education.--(a) The |
10 | board shall adopt, promulgate and enforce administrative rules |
11 | and regulations establishing requirements of continuing |
12 | education to be fulfilled by individuals licensed and registered |
13 | under this act. Except as otherwise provided in this section, |
14 | beginning with the licensure period designated by regulation, |
15 | individuals licensed and registered under this act shall be |
16 | required to complete twenty-four hours of mandatory continuing |
17 | education during each two-year licensure period as a condition |
18 | of biennial renewal. |
19 | (b) An individual applying for initial licensure and |
20 | registration shall be exempt from the requirement set forth in |
21 | subsection (a) for the licensure period immediately following |
22 | initial licensure and registration. |
23 | (c) The board may waive all or a portion of the continuing |
24 | education requirement established in subsection (a) for an |
25 | individual licensed and registered under this act who shows to |
26 | the satisfaction of the board that the individual was unable to |
27 | complete the requirements due to serious illness, military |
28 | service or other demonstrated hardship. The request shall be |
29 | made in writing, with appropriate documentation, and shall |
30 | include a description of circumstances sufficient to show why |
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1 | the individual is unable to comply with the continuing education |
2 | requirement set forth in subsection (a). Requests for waiver of |
3 | the continuing education requirement shall be evaluated by the |
4 | board on a case-by-case basis. The board shall send the |
5 | individual written notification of its approval or denial of the |
6 | request for waiver. |
7 | (d) An individual seeking to reinstate an inactive or lapsed |
8 | license and registration shall show proof of compliance with the |
9 | continuing education requirement for the preceding biennial |
10 | renewal period. |
11 | (e) All courses, locations, instructors and providers of |
12 | mandatory continuing education shall be approved by the board. |
13 | However, no credit shall be given for a course in practice |
14 | building or office management. |
15 | (f) The board shall promulgate regulations to carry out the |
16 | provisions of this section within eighteen months of the |
17 | effective date of this section.] Continuing Professional |
18 | Competency Requirements.--(a) In order to help safeguard life, |
19 | health and property and to promote the public welfare, the |
20 | practice of professional engineering, professional land |
21 | surveying and professional geology in this Commonwealth requires |
22 | continuing professional competency. |
23 | (b) Each licensee shall be required to meet the continuing |
24 | professional competency requirements of this section as a |
25 | condition for licensure renewal. Continuing professional |
26 | competency obtained by a licensee should maintain, improve or |
27 | expand skills and knowledge obtained prior to initial licensure, | <-- |
28 | including law and ethics applicable to the profession, or |
29 | develop new and relevant skills and knowledge. No credit shall | <-- |
30 | be given for a course in practice building or office management. |
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1 | (c) Each licensee shall be required to obtain twenty-four |
2 | PDH units during the biennial renewal period. If a licensee |
3 | exceeds the requirement in any renewal period, a maximum of |
4 | twelve PDH units may be carried forward into the subsequent |
5 | renewal period. PDH units may be earned as follows: |
6 | (1) Successful completion of college courses relevant to |
7 | professional practice. |
8 | (2) Completion of continuing education courses relevant to |
9 | professional practice. |
10 | (3) Completion of correspondence, televised, videotaped and |
11 | other short courses or tutorials relevant to professional |
12 | practice. |
13 | (4) Completion of seminars, employer-sponsored courses, |
14 | workshops or professional or technical presentations made at |
15 | meetings, conventions or conferences relevant to professional |
16 | practice. |
17 | (5) Teaching, presenting or instructing in any of the |
18 | activities listed in clauses (1), (2), (3) and (4). |
19 | (6) Authoring published papers, articles or books relevant |
20 | to professional practice. |
21 | (7) Obtaining patents relevant to professional practice. |
22 | (d) (1) Except as provided in clause (2), units of other |
23 | types of credit shall be converted to PDH units as follows: |
24 | (i) One college or unit semester hour shall equal forty-five |
25 | PDH units. |
26 | (ii) One college or unit quarter hour shall equal thirty PDH |
27 | units. |
28 | (iii) One continuing education unit shall equal ten PDH |
29 | units. |
30 | (iv) One hour of professional development in course work, |
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1 | seminars or professional, technical presentations made at |
2 | meetings, employer-sponsored courses, conventions or conferences |
3 | shall equal one PDH unit. |
4 | (v) Each published paper, article or book shall equal ten |
5 | PDH units. |
6 | (vi) Each patent obtained shall equal ten PDH units. |
7 | (2) Teaching any of the activities listed in clause (1)(i), |
8 | (ii), (iii) and (iv) shall equal double the amount of PDH units |
9 | provided for in those subclauses. Teaching credit shall be |
10 | awarded for teaching a course or seminar but shall not be |
11 | awarded to full-time faculty members in the performance of their |
12 | duties at their employing institutions. |
13 | (e) The board shall not require courses to be preapproved. |
14 | The board may preapprove course providers that are trade | <-- |
15 | associations or professional societies representing professional |
16 | engineers, land surveyors or geologists. The board shall accept |
17 | credits earned in other jurisdictions if applicable to |
18 | professional practice. |
19 | (f) The board shall approve courses, credit, PDH value for |
20 | courses and other methods of earning credit. Credit |
21 | determination for each licensee for activities listed in |
22 | subsection (d)(1)(v) and (vi) shall be the responsibility of the |
23 | licensee. |
24 | (g). The board shall have final authority regarding approval | <-- |
25 | of courses, credit, PDH value for courses and other methods of |
26 | earning credit. Credit determination for activities listed in |
27 | subsection (d)(1)(v) and (vi) shall be the responsibility of the |
28 | licensee. The board shall accept credits earned in other |
29 | jurisdictions if the activity otherwise complies with this |
30 | section. |
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1 | (F) The licensee shall be responsible for maintaining |
2 | records to be used to support credits claimed. Required records |
3 | shall include all of the following: |
4 | (1) A log showing the type of activity claimed, sponsoring |
5 | organization, location, duration, instructor's or speaker's name |
6 | and PDH credits earned. |
7 | (2) Attendance verification records in the form of |
8 | completion certificates or other documents supporting evidence |
9 | of attendance. |
10 | (h) (g) (1) A licensee may be exempt from the requirements | <-- |
11 | of this section for any of the following reasons: |
12 | (1) (i) A licensee serving on temporary active duty in the | <-- |
13 | armed forces of the United States for a period of time exceeding |
14 | one hundred twenty consecutive days in a year shall be exempt |
15 | from obtaining the professional development hours required |
16 | during that year. |
17 | (2) Licensees (ii) A licensee experiencing physical | <-- |
18 | disability, illness or other extenuating circumstances as |
19 | reviewed and approved by the board may be exempt. Supporting |
20 | documentation must be furnished to the board. |
21 | (i) In the event such a person elects to return to active | <-- |
22 | practice, professional development hours must be earned before |
23 | returning to active practice for each year exempted, not to |
24 | exceed twenty-four PDH units. |
25 | (j) The continuing professional competency requirements of |
26 | this section are satisfied when a nonresident certifies that the |
27 | nonresident is licensed in and has met the mandatory continuing |
28 | professional competency requirements of any jurisdiction |
29 | approved and listed by the board. |
30 | (k) The following words and phrases shall have the meanings |
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1 | given to them in this subsection: |
2 | "Activity" shall mean any qualifying activity with a clear |
3 | purpose and objective which will maintain, improve or expand the |
4 | skills and knowledge relevant to a licensee's professional |
5 | practice. |
6 | "College or Unit Semester Hour" or "College or Unit Quarter |
7 | Hour" shall mean credit for courses in ABET-approved programs or |
8 | other related college courses. |
9 | "Continuing Education Unit" shall mean a unit of credit |
10 | customarily used for continuing education courses. |
11 | "Course" shall mean any qualifying course with a clear |
12 | purpose and objective which will maintain, improve or expand the |
13 | skills and knowledge relevant to a licensee's professional |
14 | practice. |
15 | "Professional Development Hour" or "PDH" shall mean fifty |
16 | minutes of instruction or presentation relevant to professional |
17 | practice or any equivalent. |
18 | (2) An individual applying for initial licensure and | <-- |
19 | registration shall be exempt from the requirement set forth in |
20 | subsection (a) for the licensure period immediately following |
21 | initial licensure and registration. |
22 | (h) As part of the process to reactivate a license, a |
23 | licensee must obtain all delinquent PDH units, except that under |
24 | no circumstance shall a licensee be required to obtain more than |
25 | the biennial renewal requirement. |
26 | Section 2 4. Section 6 of the act, amended December 16, 1992 | <-- |
27 | (P.L.1151, No.151), is amended to read: |
28 | Section 6. Practice by Firms and Corporations.--The practice |
29 | of engineering, of land surveying and of geology being the |
30 | function of an individual or of individuals working in concerted |
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1 | effort, it shall be unlawful for any firm or corporation to |
2 | engage in such practice, or to offer to practice, or to assume |
3 | use or advertise any title or description, including the use of |
4 | the term "engineer" or "engineering" in its firm or corporate |
5 | name, conveying the impression that such firm or corporation is |
6 | engaged in or is offering to practice such profession, unless |
7 | the directing heads and employes of such firm or corporation in |
8 | responsible charge of its activities in the practice of such |
9 | profession are licensed and registered in conformity with the |
10 | requirements of this act, and whose name, seal and signature, |
11 | along with the date of signature, shall be stamped on all plans, |
12 | specifications, plats and reports issued by such firm or |
13 | corporation. |
14 | Section 3. The addition of section 4.5(b) of the act shall | <-- |
15 | apply to license renewals beginning October 2009. |
16 | Section 5. A licensee shall begin to comply with the | <-- |
17 | continuing professional competency requirements set forth in |
18 | section 4.5 of the act during the 2009-2011 biennial renewal |
19 | cycle. The board may first deny renewal for the 2011-2013 |
20 | biennial renewal period to a licensee who has failed to comply |
21 | with the continuing professional competency requirements for the |
22 | 2009-2011 biennial renewal period. |
23 | Section 6. The board shall promulgate regulations necessary |
24 | to implement this act within 18 months of the effective date of |
25 | this section. |
26 | Section 4 7. This act shall take effect in 60 days. | <-- |
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