in-20251015-IR-864250478FNA: UPDATES TO BOARD RULES; REQUIREMENTS

TITLE 864 STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS Notice of First Public Comment Period LSA Document #25-478 UPDATES TO BOARD RULES; REQUIREMENTS PURPOSE OF NOTICE The State Board of Registration for Professional Engineers (board) is soliciting public comment on amending and repealing rules at 864 IAC 1.1 concerning standards and practices in the engineering profession. The board seeks comment on the affected citations listed and any other provisions of Title 864 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Regulatory Analysis: 20251015-IR-864250478RAA Notice of Public Hearing: 20251015-IR-864250478PHA CITATIONS AFFECTED: 864 IAC 1.1-1-1; 864 IAC 1.1-2.1-3; 864 IAC 1.1-2.1-4; 864 IAC 1.1-2.1-6; 864 IAC 1.1-3-2; 864 IAC 1.1-3-4; 864 IAC 1.1-4.1-2; 864 IAC 1.1-4.1-5; 864 IAC 1.1-4.1-7; 864 IAC 1.1-4.1-8; 864 IAC 1.1-5-1 AUTHORITY: IC 25-31-1-7; IC 25-31-1-8 OVERVIEW Basic Purpose and Background The proposed rule expands the definition of “approved engineering curriculum" and provides the board the discretion to waive the requirement that a comity applicant for a professional engineer license in Indiana, who has an active registration in another state and otherwise meets the requirements for an Indiana license, has passed the fundamentals of engineering exam. Based on the expanded definition, the rule updates the: (1) education and work experience requirements for registration as a professional engineer; and (2) requirements for admission to the examination. The primary impacted parties include individuals who aim to apply for registration as a professional engineer, engineering interns, and the board. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT The board is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than November 14, 2025. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana Professional Licensing Agency office. If the board does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 1. (a) The following definitions apply throughout this title: (b) The terms defined in IC 25-31-1-2 shall have the same definitions meaning when used in this title. Sec. 3. (a) This section and sections 4 and 5 of this rule establish the minimum education and experience requirements under IC 25-31-1-12 for registration as a professional engineer. An applicant shall either have a degree in an approved engineering curriculum or satisfy the requirements of section 4 of this rule to qualify for registration under IC 25-31-1-12. (b) The following table establishes provisions for evaluating combined education and experience to determine if it is sufficient to satisfy the minimum registration requirements under IC 25-31-1-12 for professional engineer registration applicants holding the stated degrees: Education (Qualifying Degree) Minimum Years of Progressive Work Experience Following Baccalaureate Degree Doctorate in an engineering discipline following a baccalaureate degree in an approved engineering curriculum 2 Master of Science degree in an engineering discipline following a baccalaureate degree in an approved engineering curriculum 3 Doctorate in engineering discipline from school with approved engineering curriculum following baccalaureate degree that is not in approved engineering curriculum 2 Master of Science degree in engineering discipline from school with approved engineering curriculum following baccalaureate degree that is not in approved engineering curriculum 3 Doctorate in an engineering discipline from school without approved engineering curriculum following a baccalaureate degree that is not in an approved engineering curriculum 4 Master of Science degree in an engineering discipline from school without approved engineering curriculum following a baccalaureate degree that is not in an approved engineering curriculum 5 Baccalaureate degree in an approved engineering curriculum 4 Baccalaureate degree and completion of specific educational courses as required in section 4 of this rule 6 (c) No degree requirement under this section may be achieved by obtaining an honorary degree. (d) Notwithstanding the other provisions of this section and section 4 of this rule, an applicant who holds a valid certificate as an engineering intern does not need any additional education beyond that which was required for certification as an engineering intern in Indiana, at the time of when an applicant's applicant first taking takes the engineering intern (fundamentals of engineering) examination, so long as the applicant applies for admission to passes the professional engineer examination no not later than the first examination deadline (as provided for in 864 IAC 1.1-3-4), which is subsequent to date that is ten (10) years after the date the applicant took and passed the engineering intern examination. Sec. 4. (a) The education of all applicants, except those who have obtained a baccalaureate, master's, or doctoral degree in an approved engineering curriculum, must include the following: (b) College courses with substantial duplication of content may be counted only one (1) time toward the requirements of subsection (a). (c) College courses that cover at least two (2) or more categories in subsection (a) shall be are counted only in one (1) category. The appropriate category is that which is the greatest portion of the course. In determining the greatest portion of the course, the board may take into account information from the institution offering the course. Sec. 6. (a) This section establishes the minimum education and experience requirements under IC 25-31-1-12 for certification as an engineering intern. (b) The education and experience requirements of sections 3 through 5 of this rule for professional engineer applicants apply for engineering intern applicants, except that but individuals with: Sec. 2. (a) The board shall require at least three (3) favorable reports of the engineering applicant's competence from registered professional engineers familiar with the applicant's engineering work before admitting the applicant to registering an applicant as a professional engineer in Indiana, whether through examination or accepting the applicant for registration by comity in engineering. (b) An applicant shall be exempt from taking the fundamentals of engineering portion of the professional engineer examination if the applicant has previously passed the fundamentals of engineering portion of the examination in another state. Sec. 2. (a) The board will admit an applicant to the professional engineer examination only if the applicant otherwise qualifies for registration as a professional engineer, including meeting applicable education and experience requirements established in IC 25-31-1-12 and 864 IAC 1.1-2.1. (b) (a) Except for an applicant who has not passed the fundamentals of engineering examination prior to before applying for admission to the professional engineer examination, an applicant may be admitted to the fundamentals of engineering examination without obtaining approval from the board. Application is only required to the testing service. However, in order to be certified as an engineering intern, the applicant, after passing the fundamentals of engineering examination, must shall subsequently file an application with the board, and to be approved, the applicant must shall meet all of the engineering intern certification requirements, including meeting the applicable education and experience requirements established in IC 25-31-1-12 and 864 IAC 1.1-2.1. (b) Except for an applicant who has not passed the fundamentals of engineering examination before applying for admission to the professional engineer examination or does not have a degree in an approved engineering curriculum, an applicant may be admitted to the professional engineer examination by application to the testing service. All other applicants shall apply to the board using the Professional Engineer by Examination application on the Indiana professional licensing agency’s website and demonstrate that they meet the requirements of 864 IAC 1.1-2.1-4 before admission to the professional engineer examination. (c) To be registered as a professional engineer, after passing the fundamentals of engineering examination and professional engineer examination, the applicant shall apply to the board and demonstrate that they meet all the professional engineer registration requirements, including meeting the applicable education requirements established in IC 25-31-1-12 and 864 IAC 1.1-2.1. Sec. 5. (a) This section addresses the deadline for an applicant's initial taking of the professional engineer examination after being admitted by the board. All Applicants will be required to take and pass Part II, the principles and practice of engineering examination, and Part III of the examination. Only those applicants who are not certified as an engineering intern or otherwise have not previously passed the fundamentals of engineering examination will be required to take and pass the fundamentals of engineering examination. (b) If admission to the professional engineer examination is granted, those parts of the examination that the applicant will be required to take and pass will be stated on a notice sent to the applicant. (c) An applicant, who has received the notice described in subsection (b) and that notice provides for taking the fundamentals of engineering examination, must take the fundamentals of engineering examination by the end of the testing window that is in effect one (1) year after the issuance of the notice. (d) This subsection and subsection (e) apply to applicants who have received the notice described in subsection (b) and that notice does not provide for taking of the fundamentals of engineering examination. If the applicant is taking the principles and practice examination in a discipline for which computer based testing is offered, the applicant must take the principles and practice examination, and Part III of the examination, by the end of the testing window that is in effect one (1) year after the issuance of the notice. (e) If the applicant is taking the principles and practice of engineer examination in a discipline for which computer based testing is not offered, the applicant must take the principles and practice of engineering examination, and Part III of the examination, no later than the third time it is offered after issuance of the notice. (f) If the applicant fails to sit for an examination by a deadline provided in subsection (c), (d), or (e), the application for registration as a professional engineer shall be deemed terminated and, if the applicant thereafter desires to seek registration as a professional engineer, a new application must be filed with, and approved by, the board. (g) This subsection applies only to individuals who apply for registration as a professional engineer without first having been certified as an engineering intern or otherwise having passed the fundamentals of engineering examination. An individual who passes the fundamentals of engineering examination as a professional engineer applicant must take the principles and practice examination and Part III of the examination no later than the third time it is offered after the applicant passes the fundamentals of engineering examination. However, if the applicant is taking the principles and practice of engineering examination in a discipline for which computer based testing is offered, the deadline shall be the end of the testing window that is in effect one (1) year after the applicant passes the fundamentals of engineering examination. If the applicant fails to meet the deadline under this subsection, the applicant's application shall be deemed terminated and, therefore, the applicant shall be required to reapply as a professional engineer applicant and meet the requirements for examination admission before taking the principles and practice examination and Part III of the examination. Sec. 7. (a) This section applies to the examination for registration as a professional engineer. (b) An applicant who does not pass the fundamentals of engineering examination (Part I of the examination for examination for registration as a professional engineer) in the first attempt shall be is entitled to take the examination two (2) additional times, as long as they are taken no not later than the end of the testing window that is in effect two (2) years after the applicant took the examination the first time. (c) Upon the exhaustion of After exhausting the examination attempts allowed under subsection (b), the application shall be is deemed terminated. (d) An applicant who does not pass the principles and practice examination (Part II) and Part III of the examinaton on the first attempt shall be is entitled to take the examinations two (2) additional times. as long as they are taken no later than: (e) If the applicant passed Part II or Part III of the examination on the first or second attempt, the applicant will not be required to retake the passed part in the second or third examination allowed by subsection (d). (f) Upon the exhaustion of After exhausting the examination attempts allowed by subsection (d), the application shall be is deemed terminated. (g) If an application is terminated under subsection (f), the applicant shall not lose credit for a previous previously passing of the fundamentals of engineering examination. However, the applicant shall lose credit for passing either Part II or Part III. (h) For purposes of this section, examination attempts out of state count. Sec. 8. (a) An individual whose application has been deemed terminated under section 7(c) or 7(f) of this rule may reapply for admission to not take any part of the professional engineer examination without first receiving approval from the board. (b) In order For readmission approval to be granted, the applicant shall: (c) An applicant who is readmitted to an examination under this section shall be treated as if the applicant had not previously taken the examination for all the purposes under sections 5 and 7 of this rule. (d) Individuals may be deemed terminated partially or completely because of out-of-state examination attempts. Therefore, an applicant will be required to comply with subsection (b) even if the first, second, third, or all examination attempts are out of state. (e) Individuals shall be are deemed terminated under section 7(c) of this rule on the basis of all fundamentals of engineering examination attempts. Therefore, applicants will be required to comply with subsection (b) (a) once the applicant has had three (3) unsuccessful fundamentals of engineering examination attempts regardless of whether the examination attempts were as: (f) For purposes of this section and section 7 of this rule, an examination attempt: Sec. 1. (a) This rule addresses the requirements for registration of professional engineers who are registered in another state, territory, or possession of the United States. These applicants are also known as comity applicants. (b) Under IC 25-31-1-21, one (1) requirement for an individual described in subsection (a) to become registered in Indiana is that the requirements under which the individual's registration was issued do not conflict with IC 25-31-1. (c) In determining whether there is conflict under IC 25-31-1-21 and subsection (b), the board will evaluate whether the applicant meets the educational, experience, and examination requirements found in IC 25-31-1 and this title. This includes the educational and experience requirements found in 864 IAC 1.1-2.1-3 through 864 IAC 1.1-2.1-5, and the passing of the fundamentals of engineering examination and the principles and practice of engineering examination as required by IC 25-31-1-14 and 864 IAC 1.1-4.1-3. The board, in its discretion, may waive the requirement that an applicant for registration by comity pass the fundamentals of engineering examination. (d) Unless the applicant does not qualify for registration for some other appropriate reason, if the educational, experience, and examination requirements described in subsection (c) are met at the time the applicant files the applicant's application with the board, the applicant will qualify for registration.