SB 403 — An Act amending the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law, further providing for definitions, for general powers of board, for procedure for licensing as professional engineer, for procedure for licensing as professional land surveyor, for continuing professional competency requirements, for fees and for penalties.

PRIOR PRINTER'S NO.

349 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2023 No.

1187 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2023 No.

WARD, PENNYCUICK, KEARNEY, CAPPELLETTI AND ROBINSON, FEBRUARY 21, 2023 REFERREDSENATOR TOSTEFANO, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARYAS 21,AMENDED, OCTOBER 25, 2023 AN ACT Amending the act of May 23, 1945 (P.L.913, No.367), entitled "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;

and repealing existing laws," further providing for definitions, for general powers of board, for procedure for licensing as professional engineer, FOR PROCEDURE FOR LICENSING AS PROFESSIONAL LAND SURVEYOR, <-- for continuing professional competency requirements, for fees and for penalties.

and providing penalties for the violation of this act," excepting only architectural work incidental to the "practice of engineering."] the act of December 14, 1982 (P.L.1227, No.281), known as the "Architects Licensure Law." 20230SB0403PN1187 - 2 - (4) The "Practice of Engineering" shall not preclude the 20230SB0403PN0349 - 2 - practice of the sciences which shall include but not be limited to:

Sections 4(g), 4.2(a), (b) and (c), 4.3(B)(2) AND <-- (3) AND (C), 4.5(c)(3), 9(a) and 11(a) of the act are amended to read:

Registrations and 20230SB0403PN1187 - 3 - Certificates;

Reinstatements.--To suspend or revoke the license and registration of any professional engineer, professional land 20230SB0403PN0349 - 3 - surveyor or professional geologist or the certificate of any [engineer-in-training] engineer intern, geologist-in-training or surveyor-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 of violation of the code 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.

Misconduct in the practice of engineering, land surveying or geology 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 20230SB0403PN1187 - 4 - contendere to a charge thereof for conduct relating to the practice of engineering, land surveying or geology, or has 20230SB0403PN0349 - 4 - violated any provision of this act or any regulation promulgated by the board.

Provided, however, the donation of [such] the servics to a civic, charitable, religious or eleemosynary 20230SB0403PN1187 - 5 - organization shall not be deemed a violation.

(7) To advertise in self-laudatory language, or in any other 20230SB0403PN0349 - 5 - manner, derogatory to the dignity of the profession.

20230SB0403PN1187 - 6 - 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 20230SB0403PN0349 - 6 - held by a hearing examiner, the board shall review the evidence, and if deemed advisable by the board, hear argument and additional evidence.

(3) An applicant who satisfactorily completes the 20230SB0403PN1187 - 7 - examination in engineering fundamentals shall be certified as an [engineer-in-training] engineer intern without time limitation 20230SB0403PN0349 - 7 - and may remain certified until such time as [he] the applicant becomes licensed under this act as a professional engineer.

* * * SectionSECTION 4.5.4.3.

PROCEDURE FOR LICENSING AS PROFESSIONAL LAND <-- SURVEYOR.--* * * (B) * * * (2) AN APPLICANT WHO SATISFACTORILY COMPLETES THE FUNDAMENTALS EXAMINATION SHALL BE CERTIFIED AS A SURVEYOR-IN- TRAINING WITHOUT TIME LIMITATION AND MAY REMAIN CERTIFIED UNTIL 20230SB0403PN1187 - 8 - SUCH TIME AS [HE] THE APPLICANT BECOMES LICENSED UNDER THIS ACT AS A PROFESSIONAL LAND SURVEYOR.

(3) AN APPLICANT SHALL SHOW DIVERSIFICATION OF FIELD AND OFFICE EXPERIENCE, WITH AT LEAST TWENTY-FIVE PER CENT OF [HIS] THE APPLICANT'S EXPERIENCE IN EACH.

* * * (C) EACH APPLICANT FOR LICENSURE SHALL BE CERTIFIED AS A SURVEYOR-IN-TRAINING AND SHALL PASS AN EXAMINATION IN LAND SURVEYING PRINCIPLES AND PRACTICE.

TO QUALIFY FOR THE PRINCIPLES AND PRACTICE EXAMINATION, THE APPLICANT SHALL DEMONSTRATE:

(1) FOUR OR MORE YEARS OF PROGRESSIVE EXPERIENCE IN LAND SURVEYING WORK PERFORMED [AFTER THE ISSUANCE OF THE SURVEYOR-IN- TRAINING CERTIFICATE AND] UNDER THE SUPERVISION OF A PROFESSIONAL LAND SURVEYOR OR A SIMILARLY QUALIFIED SURVEYOR OF A GRADE OR CHARACTER TO FIT [HIM] THE APPLICANT TO ASSUME RESPONSIBLE CHARGE OF THE WORK INVOLVED IN THE PRACTICE OF LAND SURVEYING.

(2) FOUR OR MORE YEARS OF PROGRESSIVE TEACHING EXPERIENCE IN AN APPROVED CURRICULUM UNDER THE SUPERVISION OF A PROFESSIONAL LAND SURVEYOR OR A SIMILARLY QUALIFIED SURVEYOR OF A GRADE AND CHARACTER TO FIT [HIM] THE APPLICANT TO ASSUME RESPONSIBLE CHARGE OF THE WORK INVOLVED IN THE PRACTICE OF LAND SURVEYING.

Section 4.5.

* * * 20230SB0403PN034920230SB0403PN1187 - 89 - (3) Completion of [correspondence, televised, videotaped and other short courses or tutorials relevant to professional practice.] distance learning courses, if the courses relate to professional practice and the PDH units awarded are verifiable and measurable by the actual hours of instruction.

Penalties.--(a) [Whoever shall engage] A person who engages in the practice of engineering, the practice of land surveying or the practice of geology 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] the person's 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 20230SB0403PN034920230SB0403PN1187 - 910 - engineer, professional land surveyor or professional geologist or a certificate as an [engineer-in-training] engineer intern or surveyor-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.

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