AN ACT

 

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:

1AN ACT

2Relating to and regulating the practice of the profession of
3engineering, including civil engineering, mechanical
4engineering, electrical engineering, mining engineering and
5chemical engineering, the profession of land surveying [and],
6the profession of geology and the profession of soil science
7and constituent parts and combinations thereof as herein
8defined; providing for the licensing and registration of
9persons practicing said profession, and the certification of
10engineers-in-training [and], surveyors-in-training, soil 
11scientists-in-training and the suspension and revocation of
12said licenses, registrations and certifications for violation
13of this act; prescribing the powers and duties of the State
14Registration Board for Professional Engineers, Land Surveyors
15[and], Geologists and Soil Scientists, the Department of
16State and the courts; prescribing penalties; and repealing
17existing laws.

18Section 1. Short Title.--This act shall be known and may be
19cited as the "Engineer, Land Surveyor [and], Geologist and Soil 
20Scientist Registration Law."

21Section 2. Section 2(g) of the act, amended December 16,
221992 (P.L.1151, No.151), is amended and the section is amended
23by adding subsections to read:

24Section 2. Definitions.--As used in this act--

25* * *

26(g) "Board" means The State Registration Board for
27Professional Engineers, Land Surveyors [and], Geologists and 
28Soil Scientists.

29* * *

30(u) "Practice of Soil Science" means the practice or the
 

1offer to practice soil science for others for a fee. Practice of 
2soil science includes, but is not limited to: describing and 
3classifying soils; soil mapping; predicting, determining and 
4locating natural or man-induced soil conditions which may be 
5useful or hazardous to mankind; recognizing, determining and 
6evaluating soil conditions important to soil and land use; and 
7developing soil management means to ensure the public welfare by 
8safeguarding life, health, property and the environment. 
9Practice of soil science includes the performance of soil 
10science service or work, consultation, investigation, 
11evaluation, planning, mapping and inspection of soil science 
12work required in implementing the provisions of any Federal, 
13State or local law or regulation or the provisions of any 
14ordinance, code, rule or permit required by any political 
15subdivision. Nothing in this definition shall be construed to 
16preclude the practice of soil science by other scientific 
17disciplines, where such practice is regulated by separate rules, 
18certification or licensure.

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 Science" means the science that investigates soil
26as a natural three-dimensional body comprised of solids
27(minerals and organic matter), liquids, and gases, existing at
28the earth's surface, capable of supporting the growth of land
29plants and having properties resulting from the integrated
30effects of climate and living organisms, acting on earthy parent

1material, as conditioned by topography, over periods of time.
2Soil science includes, but is not limited to, the study of: soil
3formation, classification and mapping; physical, chemical,
4biological and fertility properties of soils; and the
5interpretation of these properties in relation to the use and
6management of soils. Soil science also includes the
7subdisciplines of pedology (study of soil morphology, formation
8and classification), soil biology (study of soil organisms),
9soil edaphology (influence of soil on organisms, especially
10plants), soil chemistry and soil physics.

11(x) "Soil Scientist-in-Training" means a candidate for
12licensure as a professional soil scientist who has been granted
13a certificate as a soil scientist-in-training after successfully
14passing the prescribed written examination in fundamental soil
15science subjects and who shall be eligible, upon the completion
16of the requisite years of experience in soil science under the
17supervision of a professional soil scientist or similarly
18qualified soil scientist, for the final examination prescribed
19for licensure as a professional soil scientist.

20Section 3. Section 3 of the act, amended December 16, 1992
21(P.L.1151, No.151), is amended to read:

22Section 3. Practice of Engineering, Land Surveying [or],
23Geology or Soil Science Without Licensure and Registration
24Prohibited.--(a) In order to safeguard life, health or property
25and to promote the general welfare, it is unlawful for any
26person to practice or to offer to practice engineering in this
27Commonwealth, unless he is licensed and registered under the
28laws of this Commonwealth as a professional engineer, for any
29person to practice or to offer to practice land surveying,
30unless he is licensed and registered under the laws of this

1Commonwealth as a professional land surveyor [or], for any
2person to practice or to offer to practice geology unless he is
3licensed and registered under the laws of this Commonwealth as a
4professional geologist or for any person to practice or offer to 
5practice soil science unless he is licensed and registered under 
6the laws of this Commonwealth as a professional soil scientist.
7Individuals licensed as professional engineers, professional
8land surveyors [or], registered landscape architects or 
9professional soil scientists may perform geological work which
10is incidental to their engineering, surveying [or], landscape
11architecture or soil science without being licensed as a
12professional geologist.

13(b) A person shall be construed to practice or offer to
14practice engineering, land surveying [or], geology or soil 
15science who practices any branch of the profession of
16engineering, land surveying [or], geology or soil science; or
17who, by verbal claim, sign, advertisement, letterhead, card, or
18in any other way represents himself to be an engineer, land
19surveyor [or], geologist or soil scientist, or through the use
20of some other title implies that he is an engineer, land
21surveyor [or], geologist or soil scientist or that he is
22registered under this act; or who holds himself out as able to
23perform, or who does perform any engineering, land surveying
24[or], geological or soil science service or work or any other
25service designated by the practitioner or recognized as
26engineering, land surveying [or], geology or soil science.

27Section 4. Section 4(a), (b), (c), (d), (f), (g) and (i) of
28the act, amended December 16, 1992 (P.L.1151, No.151) and May
2912, 2010 (P.L.192, No.25), are amended and the section is
30amended by adding a subsection to read:

1Section 4. General Powers of Board.--The board shall have
2power--

3(a) Approval of Engineering, Surveying [and], Geology and 
4Soil Science Curricula.--To investigate and to approve or
5disapprove engineering, surveying [and], geology and soil 
6science curricula of this State, and other states, territories
7and countries for the education of students desiring to be
8licensed to engage in the practice of engineering, land
9surveying [or], geology or soil science, and to revoke or
10suspend approvals where they are no longer deemed proper.

11(b) Licensing Professional Engineers, Professional Land
12Surveyors [and], Professional Geologists and Professional Soil 
13Scientists.--To provide for and to regulate the licensing, and
14to license to engage in the practice of engineering, land
15surveying [or], geology or soil science any person of good moral
16character and repute who speaks and writes the English language,
17if such person either--

18(1) Holds an unexpired license or certificate of
19registration issued to him by proper authority of some other
20state, foreign country or territory of the United States in
21which the requirements and qualifications to engage in the
22practice of engineering, land surveying [or], geology or soil 
23science were at the time of the initial issuance of such license
24or certificate of registration at least equal to the existing
25standards of this Commonwealth: Provided, however, That such
26other state, territory or foreign country shall similarly
27license or register professional engineers, professional land
28surveyors [or], professional geologists or professional soil 
29scientists licensed and registered in this Commonwealth. A
30person may be licensed under this subsection without

1examination.

2(2) In relation to engineers and surveyors, holds a
3certificate of qualifications issued by the National Bureau of
4Engineering Registration of the National Council of Examiners
5for Engineering and Surveying: Provided, The requirements and
6qualifications of said bodies to engage in the practice of
7engineering or land surveying are at least equal to the
8standards of this Commonwealth. A person may be licensed under
9this subsection without examination.

10In carrying into effect clauses (1) and (2) of subsection (b)
11of this section in relation to engineers and surveyors the board
12may in its discretion enter into agreements for reciprocity with
13the National Council of Examiners for Engineering and Surveying
14and with states under such rules and regulations as the board
15may prescribe.

16(3) Complies with the education and experience criteria and
17successfully completes the two-examination process for licensing
18as a professional engineer, as set forth in section 4.2, or as a
19professional land surveyor, as set forth in section 4.3 [or],
20the examination process for licensing as a professional
21geologist as set forth in section 4.4 or the examination process 
22for licensing as a professional soil scientist as set forth in 
23section 4.6.

24(c) Investigations of Applications; Determination of
25Competency of Applicants.--To investigate the allegations
26contained in any application for licensure or certification
27under this act in order to determine the truth of such
28allegations and to determine the competency of any person
29applying for licensure to assume responsible charge of the work
30involved in the practice of engineering, land surveying [or],

1geology or soil science, such competency to be determined by the
2grade and character of the engineering work, the grade and
3character of the land surveying work [or], the grade and
4character of geologic work or the grade and character of the 
5soil science work actually performed. In relation to engineers
6and surveyors, the mere execution as a contractor of work
7designed by a professional engineer, or the supervision of the
8construction of such work as a foreman or superintendent, or the
9operation or maintenance of machinery or equipment, or work
10performed as a salesman of engineering equipment or apparatus,
11shall not be deemed to be active practice in engineering, unless
12such work has involved the actual practice of engineering.
13Engineering and land surveying work, performed under the
14supervision of a professional engineer or land surveyor,
15respectively, shall be given full credit. Whenever the board
16determines otherwise than by examination, that an applicant has
17not produced sufficient evidence to show that he is competent to
18be placed in responsible charge and shall refuse to examine or
19to license such applicant, it shall set forth in writing its
20findings and the reasons for its conclusions and furnish a copy
21thereof to the applicant.

22(d) Examinations; Fees.--To prescribe the subjects, manner,
23time and place of examinations for licenses as professional
24engineers, professional land surveyors [and], professional
25geologists and professional soil scientists and for certificates
26for engineers-in-training, geologists-in-training [and],
27surveyors-in-training and soil scientists-in-training, and the
28filing of applications for such examinations, and to prepare or
29provide for the preparation of such examinations, conduct or
30provide for the conduct of such examinations, to make written

1reports of such examinations, which reports shall be preserved
2for a period of not less than three years, to collect such fees
3for such examinations, and for licenses and certificates issued
4without examination, as may be fixed according to law, and to
5issue licenses and certificates to such persons as successfully
6pass such examinations.

7* * *

8(f) Roster of Registrants.--To keep a roster showing the
9names and addresses of professional engineers, professional land
10surveyors [and], professional geologists and professional soil 
11scientists licensed under this act, and under prior laws, and
12registered by the board, which roster shall be published in
13booklet form by the board following each biennial renewal.
14Copies of the roster shall be furnished upon request to each
15registered or certified person and may be furnished to other
16persons upon such terms as the board shall prescribe: Provided,
17however, That copies of the roster shall be furnished to the
18Planning Commission and the prothonotary of each county in the
19Commonwealth.

20(g) Suspension and Revocation of Licenses; Registrations and
21Certificates; Reinstatements.--To suspend or revoke the license
22and registration of any professional engineer, professional land
23surveyor [or], professional geologist or professional soil 
24scientist or the certificate of any engineer-in-training, 
25geologist-in-training [or], surveyor-in-training or soil 
26scientist-in-training, who is found guilty by the board, by a
27majority vote of all its members, of the practice of any fraud,
28deceit or misrepresentation in obtaining his license,
29certification or registration, or of gross negligence,
30incompetency or misconduct in the practice of engineering, in

1the practice of land surveying [or], in the practice of geology
2or in the practice of soil science, or of violation of the code
3of ethics of the engineering profession, and to reinstate
4suspended licenses, registrations and certificates in any cases
5where a majority of all the members of the board shall determine
6the same to be just and proper. Unless ordered to do so by a
7court, the board shall not reinstate the license, certificate or
8registration of a person to practice as a professional engineer,
9professional land surveyor, professional geologist, professional 
10soil scientist or an engineer-in-training, geologist-in-training
11[or], a surveyor-in-training or a soil scientist-in-training
12which has been revoked, and such person shall be required to
13apply for a license, certificate or registration after a period
14of five years in accordance with section 2 if he desires to
15practice at any time after such revocation. The board shall
16require a person whose license or registration has been
17suspended or revoked to return the license or registration in
18such manner as the board directs. Failure to do so shall be a
19misdemeanor of the third degree. Misconduct in the practice of
20engineering, land surveying [or], geology or soil science shall
21include, but not be limited to conviction for a criminal offense
22such as extortion, bribery or fraud or entry of a plea of nolo
23contendere to a charge thereof for conduct relating to the
24practice of engineering, land surveying [or], geology or soil 
25science, or has violated any provision of this act or any
26regulation promulgated by the board. For the purposes of this
27subsection, the code of ethics is as follows:

28It shall be considered unprofessional and inconsistent with
29honorable and dignified bearing for any professional engineer,
30professional land surveyor [or], professional geologist or
 

1professional soil scientist:

2(1) To act for his client or employer in professional
3matters otherwise than as a faithful agent or trustee, or to
4accept any remuneration other than his stated recompense for
5services rendered.

6(2) To attempt to injure falsely or maliciously, directly or
7indirectly, the professional reputation, prospects or business
8of anyone.

9(3) To attempt to supplant another engineer, land surveyor
10[or], geologist or soil scientist after definite steps have been
11taken toward his employment.

12(4) To compete with another engineer, land surveyor [or],
13geologist or soil scientist for employment by the use of
14unethical practices.

15(5) To review the work of another engineer, land surveyor
16[or], geologist or soil scientist for the same client, except
17with the knowledge of such engineer, land surveyor [or],
18geologist or soil scientist, or unless the connection of such
19engineer, land surveyor [or], geologist or soil scientist with
20the work has terminated.

21(6) To attempt to obtain or render technical services or
22assistance without fair and just compensation commensurate with
23the services rendered: Provided, however, the donation of such
24services to a civic, charitable, religious or eleemosynary
25organization shall not be deemed a violation.

26(7) To advertise in self-laudatory language, or in any other
27manner, derogatory to the dignity of the profession.

28(8) To attempt to practice in any field of engineering, land
29surveying [or], geology or soil science in which the registrant
30is not proficient.

1(9) To use or permit the use of his professional seal on
2work over which he was not in responsible charge.

3(10) To aid or abet any person in the practice of
4engineering, land surveying [or], geology or soil science not in
5accordance with the provision of this act or prior laws.

6The board shall appoint, with the approval of the Governor,
7such hearing examiners as shall be necessary to conduct hearings
8as may be required under this subsection.

9The board shall have the power to adopt and promulgate rules
10and regulations setting forth the functions, powers, standards
11and duties to be followed by the hearing examiners.

12The hearing examiners shall have the power to conduct
13hearings in accordance with the regulations of the board, and to
14issue subpoenas requiring the attendance and testimony of
15individuals or the production of, pertinent books, records,
16documents and papers by persons whom they believe to have
17information relevant to any matter pending before the examiner.
18Such examiner shall also have the power to administer oaths.

19The hearing examiner shall hear evidence submitted and
20arguments of counsel, if any, with reasonable dispatch, and
21shall promptly record his decision, supported by findings of
22fact, and a copy thereof shall immediately be sent to the board
23and to counsel of record, or the parties, if not represented.

24If application for review is made to the board within twenty
25days from the date of any decision made as a result of a hearing
26held by a hearing examiner, the board shall review the evidence,
27and if deemed advisable by the board, hear argument and
28additional evidence. As soon as practicable, the board shall
29make a decision and shall file the same with its finding of the
30facts on which it is based and send a copy thereof to each of

1the parties in dispute.

2* * *

3(i) Administration and Enforcement of Laws.--To administer
4and enforce the laws of the Commonwealth relating to the
5practice of engineering, land surveying [and], geology and soil 
6science, and to instruct and require its agents to bring
7prosecutions for unauthorized and unlawful practices.

8* * *

9(o) Affiliation With the Council of Soil Science Examiners;
10Dues.--To become affiliated with the Council of Soil Science
11Examiners, and to pay such dues as the council shall establish,
12and to send delegates to the annual meeting of the council, and
13to defray their expenses.

14Section 5. Section 4.1 of the act, amended December 16, 1992
15(P.L.1151, No.151) and November 25, 2002 (P.L.1113, No.136), is
16amended to read:

17Section 4.1. State Registration Board for Professional
18Engineers, Land Surveyors [and], Geologists and Soil 
19Scientists.--(a) There is hereby established within the
20Department of State the State Registration Board for
21Professional Engineers, Land Surveyors [and], Geologists and 
22Soil Scientists. The board shall consist of the Commissioner of
23Professional and Occupational Affairs, three members appointed
24by the Governor who shall be persons representing the public at
25large and [nine] eleven members appointed by the Governor, five
26of whom shall be registered professional engineers, two of whom
27shall be registered professional land surveyors [and], two of
28whom shall be registered professional geologists and two of whom 
29shall be professional soil scientists. Any land surveyor
30appointed to serve on the board shall have received the land

1surveyor license upon the passage of the appropriate
2examination. Any geologist licensed under section 4.4 of this
3act shall be eligible for appointment to the board. The
4professional members of the board shall be so selected that not
5more than two of them shall specialize in any one of the five
6major disciplines of engineering: civil, mining and
7metallurgical, mechanical, electrical and chemical. Each member
8of the board shall be a citizen of the United States and a
9resident of this Commonwealth. Each professional member shall
10have been engaged in the practice of the respective profession
11for at least ten years and shall have been in responsible charge
12of work for at least five years.

13(b) The terms of members of the board shall be six years, or
14until his successor has been appointed and qualified but not
15longer than six months beyond the six-year period. In the event
16that any of said members shall die or resign during his term,
17his successor shall be appointed in the same way and with the
18same qualifications and shall hold office for the unexpired
19term. No member shall be eligible for appointment to serve more
20than two consecutive full terms.

21(c) [Seven] Eight members of the board shall constitute a
22quorum. A member may not be counted as part of a quorum or vote
23on any issue, other than temporary and automatic suspension,
24under this act unless he is physically in attendance at the
25meeting.

26(d) The board shall select annually a president from among
27its members.

28(e) Each member of the board, except the Commissioner of
29Professional and Occupational Affairs and the Director of the
30Bureau of Consumer Protection in the Office of Attorney General,

1or his designee, shall receive sixty dollars per diem when
2actually attending to the work of the board. Members shall also
3receive the amount of reasonable traveling, hotel and other
4necessary expenses incurred in the performance of their duties.

5[(f) The board is subject to evaluation, review and
6termination within the time and in the manner provided in the
7act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
8Act."]

9(g) A member of the board who fails to attend three
10consecutive meetings shall forfeit his seat unless the
11Commissioner of Professional and Occupational Affairs, upon
12written request from the member, finds that the member should be
13excused from a meeting because of illness or the death of a
14family member.

15(h) A public member who fails to attend two consecutive
16statutorily mandated training seminars in accordance with
17section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
18known as "The Administrative Code of 1929," shall forfeit board
19membership unless the Commissioner of Professional and
20Occupational Affairs, upon written request from the public
21member, finds that the public member should be excused from a
22meeting because of illness or the death of a family member.

23Section 6. Section 4.5(a) and (c) of the act, amended May
2412, 2010 (P.L.192, No.25), are amended to read:

25Section 4.5. Continuing Professional Competency 
26Requirements.--(a) In order to help safeguard life, health and 
27property and to promote the public welfare, the practice of 
28professional engineering, professional land surveying [and], 
29professional geology and professional soil science in this 
30Commonwealth requires continuing professional competency.

1* * *

2(c) Each licensee shall be required to obtain twenty-four
3PDH units during the biennial renewal period. If a licensee
4exceeds the requirement in any renewal period, a maximum of
5twelve PDH units may be carried forward into the subsequent
6renewal period. PDH units may be earned as follows:

7(1) Successful completion of college courses relevant to
8professional practice.

9(2) Completion of continuing education courses relevant to
10professional practice.

11(3) Completion of correspondence, televised, videotaped and
12other short courses or tutorials relevant to professional
13practice.

14(4) Completion of seminars, employer-sponsored courses,
15workshops or professional or technical presentations made at
16meetings, conventions or conferences relevant to professional
17practice.

18(5) Teaching, presenting or instructing in any of the
19activities listed in clauses (1), (2), (3) and (4).

20(6) Authoring published papers, articles or books relevant
21to professional practice.

22(7) Obtaining patents relevant to professional practice.

23(8) For individuals licensed as a professional soil
24scientist under section 4.6, successful completion of a
25designated program offered by the Soil Science Society of
26America, which shall equal the twenty-four PDH units described
27under this subsection.

28* * *

29Section 7. The act is amended by adding a section to read:

30Section 4.6. Procedure for Licensing as Professional Soil

1Scientist.--(a) An applicant for licensure as a professional
2soil scientist shall complete an application for licensure and
3pay fees as required by the board.

4(b) An applicant shall be qualified to be licensed after
5submission of proof satisfactory to the board that the
6applicant:

7(1) Is of good moral character.

8(2) Has graduated from an accredited institution of higher 
9learning with a bachelor of science or bachelor of arts degree 
10or advanced degree with at least fifteen credits in soil
11science.

12(3) Has completed at least five years of professional soil
13science work, or has completed a minimum of three years of
14professional soil science work under the supervision of a
15licensed professional soil scientist and two years of graduate
16school in a relevant field.

17(4) Has passed an examination on fundamentals of soil
18science and professional practice of soil science adopted by the
19board with development of the examination in conjunction with
20the Council of Soil Science Examiners of the Soil Science
21Society of America.

22(c) Within one year from the effective date of this section,
23those individuals who are engaged in the practice of soil
24science on the date of enactment who have submitted proof that
25they have the designation of Certified Professional Soil
26Scientist or Certified Professional Soil Classifier through the
27certification program of the Soil Science Society of America
28shall be deemed to have met the requirements of subsection (b).

29(d) Within one year from the effective date of this section,
30those individuals who are engaged in the practice of soil

1science on the date of enactment who meet the requirements in
2subsection (b)(1), (2) and (3) shall be exempt from taking the
3examination specified in subsection (b)(4).

4Section 8. Sections 5, 7, 9, 10.2, 11 and 11.1 of the act,
5amended December 16, 1992 (P.L.1151, No.151), are amended to
6read:

7Section 5. Exemption from Licensure and Registration.--
8Except as specifically provided in this section, this act shall
9not be construed to require licensure and registration in the
10following cases:

11(a) The practice of engineering, land surveying [or],
12geology or soil science by any person who acts under the
13supervision of a professional engineer, professional land
14surveyor [or], geologist or professional soil scientist,
15respectively, or by an employe of a person lawfully engaged in
16the practice of engineering, land surveying [or], geology or 
17soil science and who, in either event, does not assume
18responsible charge of design or supervisions;

19(b) The practice of engineering, land surveying [or],
20geology or soil science, not exceeding thirty days in the
21aggregate in one calendar year, by a nonresident not having a
22place of business in this Commonwealth, if such person is
23legally qualified to engage in the practice of engineering, land
24surveying or geology in the state or territory of his residence:
25Provided, That standards of such state or territory are at least
26equal to the standards of this Commonwealth;

27(c) The practice of engineering, land surveying [or],
28geology or soil science by officers and employes of the United
29States Government for the said government;

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

1section, the practice of engineering or land surveying by a
2regular employe of a public utility company, as defined by the
3Public Utility Code (66 Pa.C.S. § 101 et seq.) in connection
4with the facilities of such public utility, which are subject to
5regulation by the Pennsylvania Public Utility Commission:
6Provided, That such public utility shall employ at least one
7professional engineer, as defined in this act, who shall be in
8responsible charge of such utility's engineering work and shall
9employ at least one professional land surveyor, as defined in
10this act, who shall be in responsible charge of such utility's
11land surveying;

12(e) The practice of architecture by a duly registered
13architect, and the doing of such engineering work as is
14incidental to his architectural work;

15(f) The practice of engineering, land surveying [or],
16geology or soil science by any person or by any employe of any
17copartnership, association or corporation upon property owned by
18such person or such copartnership, association or corporation,
19unless such practice affects the public safety or health or the
20property of some other person or entity.

21(g) The practice of engineering, land surveying [or],
22geology or soil science work by a manufacturing, mining,
23communications common carrier, research and development or other
24industrial corporation or by employes of such corporation,
25provided such work is in connection with or incidental to
26products of, or non-engineering services rendered by, such
27corporation or its affiliates.

28(h) The running of lines or grades and layout work on or
29within established property limits, or from established points
30outside the property limits to or within such property limits

1when performed by a contractor or home builder in conjunction
2with the construction, reconstruction, alteration, maintenance
3or demolition of a structure or other facility.

4(i) The writing of deed descriptions.

5(j) The preparation of shop drawings or the performance of
6construction management services by persons customarily engaged
7in construction work.

8(k) The practice of individuals providing geologic services, 
9excluding soil science services, to businesses engaged in the
10exploration or development of gas or oil.

11Section 7. Seal of Registrants.--(a) Each person,
12registered under this act, shall obtain a seal of a design
13authorized by the board which shall bear the registrant's name
14and number and the legend "Registered Professional Engineer,"
15"Registered Professional Land Surveyor" [or], "Registered
16Professional Geologist" or Registered Professional Soil 
17Scientist." Such seal, or a facsimile imprint of same, shall be
18stamped on all plans, specifications, plats and reports issued
19by a professional engineer, professional land surveyor [or],
20professional geologist or professional soil scientist.

21(b) It shall be unlawful for any person to use such seal
22during the period the license or registration of the holder
23thereof has been suspended or revoked, or to use a seal of any
24design not approved by the board.

25Section 9. Fees.--(a) The fee for an applicant for
26licensure as a professional engineer, professional land surveyor
27[or], professional geologist or professional soil scientist,
28including examination, and for examination or certification, or
29both, as an engineer-in-training or a surveyor-in-training,
30shall be as fixed by the board by regulation and shall be

1subject to review in accordance with the act of June 25, 1982
2(P.L.633, No.181), known as the "Regulatory Review Act." If the
3revenues generated by fees, fines and civil penalties imposed in
4accordance with the provisions of this act are not sufficient to
5match expenditures over a two-year period, the board shall
6increase those fees by regulation, subject to review in
7accordance with the "Regulatory Review Act," such that the
8projected revenues will meet or exceed projected expenditures.

9(b) If the Bureau of Professional and Occupational Affairs
10determines that the fees established by the board are inadequate
11to meet the minimum enforcement efforts required, then the
12bureau, after consultation with the board, shall increase the
13fees by regulation, subject to review in accordance with the
14"Regulatory Review Act," such that adequate revenues are raised
15to meet the required enforcement effort.

16(c) All persons now qualified and engaged in the practice of
17engineering, land surveying [and], geology and soil science, or
18who shall hereafter be licensed by the board, shall register,
19biennially, with the board and pay the fee for each biennial
20registration. All fees collected under the provisions of this
21act shall be received by the board and shall be paid into the
22Professional Licensure Augmentation Account.

23Section 10.2. Reporting of Multiple Licensure.--Any licensee
24of this Commonwealth who is also licensed to practice
25engineering, land surveying [or], geology or soil science in any
26other state, territory or country shall report this information
27to the board on the biennial renewal application. Any
28disciplinary action taken in other states, territories or
29countries shall be reported to the board on the biennial renewal
30application or within ninety days of final disposition,

1whichever is sooner. Multiple licensure shall be noted by the
2board on the engineer's, land surveyor's [or], geologist's or 
3soil scientist's record, and each state, territory or country
4shall be notified by the board of any disciplinary action taken
5against the licensee in this Commonwealth.

6Section 11. Penalties.--(a) Whoever shall engage in the
7practice of engineering, the practice of land surveying [or],
8the practice of geology or the practice of soil science without
9being licensed and registered as required by this act, or
10exempted therefrom, as provided in this act, or shall present or
11attempt to use, as his own, the license or certificate of
12registration of another, or shall give any false or forged
13evidence of any kind to the board, or to any member thereof, in
14order to obtain a license or registration as a professional
15engineer, professional land surveyor [or], professional
16geologist or professional soil scientist or a certificate as an
17engineer-in-training [or], surveyor-in-training or soil 
18scientist-in-training, or shall use any expired, suspended or
19revoked certificate of registration, or shall otherwise violate
20the provisions of this act, shall be guilty of a summary offense
21and upon conviction thereof for a first offense, shall be
22sentenced to pay a fine not exceeding one thousand dollars, or
23suffer imprisonment, not exceeding three months, or both and for
24a second or subsequent offense shall be guilty of a felony, and
25upon conviction thereof, shall be sentenced to pay a fine of not
26less than two thousand dollars but not more than five thousand
27dollars or to imprisonment for not less than one year but not
28more than two years, or both.

29(b) In addition to any other civil remedy or criminal
30penalty provided for in this act, the board, by a vote of the

1majority of the maximum number of the authorized membership of
2the board as provided by law, or by a vote of the majority of
3the duly qualified and confirmed membership or a minimum of six
4members, whichever is greater, may levy a civil penalty of up to
5one thousand dollars on any current licensee who violates any
6provision of this act or on any person who practices the
7profession of an engineer, land surveyor [or], geologist or soil 
8scientist without being properly licensed to do so under this
9act. The board shall levy this penalty only after affording the
10accused party the opportunity for a hearing, as provided in
11Title 2 of the Pennsylvania Consolidated Statutes (relating to
12administrative law and procedure).

13(c) All fines and civil penalties imposed in accordance with
14this section shall be paid into the Professional Licensure
15Augmentation Account.

16Section 11.1. Injunction Against Unlawful Practice.--It
17shall be unlawful for any person to practice, or attempt to
18offer to practice, engineering, land surveying [or], geology or 
19soil science, as defined in this act, without having at the time
20of so doing a valid, unexpired, unrevoked and unsuspended
21license issued under this act. The unlawful practice of
22engineering, land surveying [or], geology or soil science, as
23defined in this act, may be enjoined by the courts on petition
24of the board or the Commissioner of Professional and
25Occupational Affairs. In any such proceeding, it shall not be
26necessary to show that any person is individually injured by the
27actions complained of. If the respondent is found guilty of the
28unlawful practice of engineering, land surveying [or], geology
29or soil science, the court shall enjoin him from so practicing
30unless and until he has been duly licensed. Procedure in such

1cases shall be the same as in any other injunction suit. The
2remedy by injunction hereby given is in addition to any other
3civil or criminal prosecution and punishment.

4Section 9. This act shall take effect in 60 days.