HB 338 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

Summary

This Act promotes the expansion of licensure opportunities in Delaware while maintaining standards of competence and professionalism required for the protection of the citizens of Delaware. The National Council of Examiners for Engineering and Surveying (NCEES) is a national nonprofit organization dedicated to advancing professional licensure for engineers. It develops, administers, and scores the examinations used for engineering licensure in the United States. Most recently, NCEES has recommended that states broaden access to licensure subject to rigorous competency requirements. For example, Delaware has historically recognized EAC of ABET-accredited (Engineering Accreditation Commission of the former Accreditation Board for Engineering and Technology) programs as the gold standard for engineering education. NCEES has recommended that graduates of engineering programs accredited by signatories of the Washington Accord be afforded the same recognition as EAC of ABET graduates. The Washington Accord is an international agreement between bodies responsible for accrediting engineering degree programs. Signatories of the Accord mutually “recognize the substantial equivalency of participating organizations’ accreditation processes and their graduates’ preparedness to begin professional practice at the entry level.” ABET and Engineers Canada are signatories of the Accord among a total of 20 representing agencies from every continent. This Act will give holders of degrees from engineering programs accredited by Washington Accord signatories the same recognition as EAC of ABET graduates. The required engineering experience for such applicants will be four years. This Act also proposes modifications that would expand licensure comity. While many professions in Delaware use the term “reciprocity” to define the process whereby an individual licensed in one jurisdiction may become licensed in Delaware, the term “comity” is used in the licensing law for professional engineers. To promote international engineering licensure mobility, this Act provides that the Council may license an applicant who is an International Professional Engineer (IntPE), meaning that the applicant has been fully and rigorously evaluated and approved by the International Engineering Alliance (IEA). NCEES is a member of the IEA and the International Professional Engineers Agreement (IPEA). There are currently 15 other members of the IPEA including Engineers Canada. “The International Professional Engineers Agreement recognizes the substantial equivalency of standards establishing the competency of professional engineers for independent practice.” Engineers who are licensed by agencies that are members of IPEA undergo a rigorous application process for registration as IntPEs. NCEES is an IPEA member and maintains a registry of U.S. licensed engineers who have attained IntPE status. Engineers registered as IntPEs would be provided with the same eligibility for comity within the U.S. as would U.S. state-licensed engineers. This applicant will also need to present proof of five years of experience obtained after initial licensure. This Act further proposes that an applicant who has been designated as a Model Law Engineer by NCEES may be issued a license administratively on the basis that the applicant has already been vetted by the profession’s governing body. Other provisions pertaining to comity have been amended to make the Practice Act consistent with other statutes governing professional licensure. Specifically, the comity provision pertaining to licensure by experience has been revised to require five years of licensed experience rather than the current ten years. The standards for licensure by comity have been amended to ensure that the applicant has a current license in good standing from the originating jurisdiction. This Act clarifies the grounds for denial of an application to explicitly include discipline in another jurisdiction. This Act eliminates the requirement that licensees must acquire an embossing seal and allows them to choose a seal format, such as embossing, stamp or electronic. Finally, this Act strikes references to permits on the basis that compliance with temporary permit requirements is difficult for the Council to monitor. Further, as an alternative to the temporary permit, an expedited path to licensure will be available for applicants with the Model Law Engineer designation.

Bill Text

• Bill Text View text Current pdf

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The bill modifies the definitions, licensure requirements, and permit processes for professional engineers in Delaware.

• § 2803

  “Permit” shall mean a temporary privilege to practice engineering in the State granted to a qualified individual, corporation, or partnership by the Council.

  Adds a definition for 'Permit' regarding temporary privilege to practice engineering.

• § 2803

  “Permittee” shall mean an individual, corporation or partnership holding a valid permit from the Association.

  Adds a definition for 'Permittee' regarding who holds a valid permit.

• § 2817

  10 → 5

  Reduces the required years of experience from 10 to 5 for a specific licensure path.

• § 2817

  3. The professional engineering qualifications of the applicant include a minimum of 10 5 years of continuous and verifiable experience as a professional engineer. → 4. An applicant holding a valid NCEES Council Record issued by the National Council of Examiners for Engineering and Surveying, whose qualifications meet the requirements of this chapter, may be registered by Council as a professional engineer upon receipt from the National Council of Examiners for Engineering and Surveying of a certified copy of such registration Record.

  Adds a new licensure path based on holding a valid NCEES Council Record.

• § 2817

  5. → 5. The Council may, upon application and payment of the required fee, issue a license as a professional engineer to an applicant who is an International Professional Engineer (IntPE) registrant under the International Engineering Alliance (IEA) International Professional Engineers Agreement (IPEA).

  Introduces a new licensing option for International Professional Engineers based on their registrant status.

• § 2820

  not having established a place of business for the practice of professional engineering within this State

  Removes the requirement that applicants not establish a place of business in the state to apply for a temporary permit.

• § 2820

  valid for 60 days, which may be extended by the Council President for an additional 60 days for good cause shown. → valid for 60 days.

  Clarifies the temporary permit's duration without extensions.

• § 2828(d)

  the term “application” shall mean any application or filing → the term “application” shall mean any application.

  Refines the definition of 'application' to make it less verbose.

• § 2829(a)

  embossing seal of the design authorized by the Council → seal of the design authorized by the Council

  Changes the terminology from 'embossing seal' to 'seal'.

• § 2829(a)

  Failure of the licensee to substantiate to the Council, within 6 months of the licensee’s application approval date that such a seal has been procured will result in the licensee being placed by the Council in “delinquent status.”

  Removes the specific timeframe and consequences related to seal procurement.

Action History

1. June 16, 2020

   Adopted in lieu of the original bill HB 338, and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Sponsors

• Ronald E. Gray · Primary
• David B. McBride · Primary

Subjects