Regular Session 2021-2022 House Bill 0609 P.N. 3566

SENATE AMENDED

PRIOR PRINTER'S NOS. 572, 1281

PRINTER'S NO. 3566

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

609

Session of

2021

INTRODUCED BY EMRICK, HELM, JOZWIAK, MARSHALL, MILLARD, SAYLOR,

ZIMMERMAN, QUINN AND TOOHIL, FEBRUARY 24, 2021

SENATOR AUMENT, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

IN SENATE, AS AMENDED, OCTOBER 18, 2022

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; providing for the

licensing and registration of persons practicing said

profession, and the certification of engineers-in-training

and surveyors-in-training, and the suspension and revocation

of said licenses, registrations and certifications for

violation of this act; prescribing the powers and duties of

the State Registration Board for Professional Engineers, Land

Surveyors and Geologists, the Department of State and the

courts; prescribing penalties; and repealing existing laws,"

further providing for definitions, for procedure for

licensing as professional engineer, for continuing

professional competency requirements and for exemption from

licensure and registration. FURTHER PROVIDING FOR

DEFINITIONS, FOR GENERAL POWERS OF BOARD, FOR PROCEDURE FOR

LICENSING AS PROFESSIONAL ENGINEER, FOR PROCEDURE FOR

LICENSING AS PROFESSIONAL GEOLOGIST, FOR CONTINUING

PROFESSIONAL COMPETENCY REQUIREMENTS, FOR EXEMPTION FROM

LICENSURE AND REGISTRATION, FOR FEES AND FOR PENALTIES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2(a)(1), (c), (d) and (j) of the act of

May 23, 1945 (P.L.913, No.367), known as the Engineer, Land

<--

Surveyor and Geologist Registration Law, are amended and the

section is amended by adding subsections to read:

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

(a) (1) "Practice of Engineering" shall mean the

application of the mathematical and physical sciences for the

design or analysis of public or private buildings, structures,

machines, equipment, processes, works or engineering systems,

and the consultation, investigation, evaluation[, engineering]

or surveys, construction management, modification and

alteration, planning and inspection in connection therewith, the

performance of the foregoing acts and services being prohibited

to persons who are not licensed under this act as professional

engineers unless exempt under other provisions of this act. The

term includes the performance of engineering land surveys.

* * *

known as "engineer-in-training," means a candidate for licensure

as a professional engineer, who has been granted a certificate

as an engineer intern or the predecessor title of engineer-in-

training after successfully passing the prescribed written

examination in fundamental engineering subjects, and who shall

be eligible upon the completion of the requisite years of

experience in engineering, under the supervision of a

professional engineer, or similarly qualified engineer, for the

final examination prescribed for licensure as a professional

engineer.

(d) "Practice of Land Surveying" [means the practice of that

branch of the profession of engineering which involves the]

shall mean the authoritative acts of location, relocation,

establishment, reestablishment or retracement of any property

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line or boundary of any parcel of land or any road right-of-way,

easement or alignment; the use of principles of land surveying,

determination of the position of any structure or permanently

installed equipment in relation to monuments or reference

points, determination of the position of any monument or

reference point which marks a property line boundary, or corner

setting, resetting or replacing any such monument or individual

point including the writing of deed descriptions; the

performance of engineering land surveys; procuring or offering

to procure land surveying work for himself or others; managing

or conducting as managers, proprietors or agent any place of

business from which land surveying work is solicited, performed,

or practiced; the performance of the foregoing acts and services

being prohibited to persons who are not granted certificates of

registration under this act as a professional land surveyor

unless exempt under other provisions of this act. The term also:

(1) Includes, but is not limited to, the following

activities:

(i) The creation of maps and geospatial databases

representing authoritative locations for boundaries, the

location of fixed objects or topography. This includes maps and

geospatial databases prepared by a person or government agency

if the data is provided to the public as a surveying product.

(ii) Original data acquisition, or the resolution of

conflicts between multiple data sources, if used for the

authoritative location of features within the following data

themes:

(A) geodetic control;

(B) orthoimagery;

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(D) fixed objects;

(E) private and public boundaries; and

(F) cadastral information.

(iii) Certification of positional accuracy of maps or

measured survey data.

(iv) Authoritative adjustment or interpretation of raw

survey data.

(v) GIS-based parcel or cadastral mapping used for

authoritative boundary definition purposes wherein land title or

development rights for individual parcels are or may be

affected.

(vi) Interpretation of maps, deeds and other land title

documents to resolve conflicting data elements with the intent

of being authoritative.

(vii) Acquisition of field data required to authoritatively

position fixed objects or cadastral data relative to geodetic

control.

(viii) Analysis, adjustment or transformation of cadastral

data of the parcel layers with respect to the geodetic control

layer within a GIS resulting in the affirmation of positional

accuracy with the intent of being authoritative.

(2) Excludes the following activities:

(i) The creation of general maps:

(A) Prepared by private firms or government agencies for use

as guides to motorists, boaters, aviators or pedestrians.

(B) Prepared for publication in a gazetteer or atlas as an

educational tool or reference publication.

curriculum of a course of study.

(D) Produced by an electronic or print media firm as an

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illustrative guide to the geographic location of an event.

(E) Prepared by laypersons for conversational or

illustrative purposes. This includes advertising material and

users guides.

(ii) The transcription of previously georeferenced data into

a GIS or LIS by manual or electronic means, and the maintenance

thereof, if the data is clearly not intended to indicate the

authoritative location of property boundaries, the authoritative

definition of the shape or contour of the earth or the

authoritative location of fixed objects of individuals.

(iii) The transcription of public record data, without

modification except for graphical purposes, into a GIS or LIS

based cadastre, including tax maps and associated records, by

manual or electronic means, the maintenance of that cadastre and

dissemination of the cadastre if the data is clearly not

intended to authoritatively represent property boundaries. This

includes tax maps and zoning maps.

(iv) The preparation and dissemination of a document that

does not authoritatively define real property boundaries. This

includes civilian and military versions of quadrangle

topographic maps, military maps, satellite imagery and other

documents.

(v) The incorporation or use of documents or databases into

a GIS or LIS, including, but not limited to, Federal census and

demographic data, quadrangle topographic maps and military maps.

(vi) Original data acquisition, inventory maps and databases

created for nonauthoritative use by an organization, in either

hard copy or electronic form, of physical features, facilities

or infrastructure that are wholly contained within properties to

which they have rights or for which they have management

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responsibility. The distribution of these maps or databases

outside the organization must contain appropriate metadata

describing, at a minimum, the accuracy, method of compilation,

data sources and dates and disclaimers of use clearly indicating

that the data is not intended to be used as a surveying product.

(vii) Maps and geospatial databases depicting the

distribution of natural resources or phenomena prepared by

foresters, geologists, soil scientists, geophysicists,

biologists, archeologists, historians or other persons qualified

to document the data.

(viii) Original data acquisition, maps and geospatial

databases depicting assets, features and events prepared by any

government agency where the access to that data is restricted by

statute.

(ix) Original data acquisition, maps and geospatial

databases created for use in, and support of, emergency

operations, including 911 dispatch.

(x) Nonauthoritative GIS or LIS and related activities,

including, but not limited to, original data acquisition,

geospatial database development and maintenance and map creation

by any government organization.

(xi) Activities by a licensed landscape architect or a

licensed geologist performed pursuant to the licensed landscape

architect's or licensed geologist's scope of practice.

* * *

(j) "Engineering Land Surveys" means surveys for: (i) the

development of any tract of land including the incidental design

of related improvements, such as line and grade extension of

roads, sewers and grading but not requiring independent

engineering judgment: Provided, however, That tract perimeter

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surveys shall be the function of the Professional Land Surveyor;

(ii) the determination of the configuration or contour of the

earth's surface, or the position of fixed objects thereon or

related thereto for purposes of authoritative review, analysis

and determination of the location or as-built construction of

fixed assets or objects, the postdevelopment contours, or for

the purposes of designs based thereon by means of measuring

lines and angles and applying the principles of mathematics,

photogrammetry or other measurement, mapping or positioning

methods without regard to tools or technologies which currently

exist or which may be developed in the future, the application

of which means and methods involves professional understanding

as to the appropriate and safe usage; (iii) geodetic survey,

underground survey and hydrographic survey; (iv) storm water

management surveys and sedimentation and erosion control

surveys; (v) the determination of the quantities of materials;

(vi) tests for water percolation in soils; and (vii) the

preparation of plans and specifications and estimates of

proposed work and attendant costs as described in this

subsection. The term does not include any activity under

subsection (d)(2).

* * *

(u) "Agent" shall mean a person who is authorized to act for

another through employment, by contract or apparent authority.

(v) "Authoritative" shall mean presented as definitive when

used to describe products, processes, applications or data to be

used as a surveying product.

(w) "Cadastre" shall mean a register of property showing the

extent, value and ownership of land for taxation.

(x) "Contractor" shall mean a person or entity that enters

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into a contract.

(y) "Geospatial technology" shall refer to equipment

necessary to acquire, process, store and analyze geospatial

data, including GPS or GIS.

(z) "GIS" shall mean Geographic Information System, an

information system and related applications and infrastructure

used to store, view, edit, analyze and display geographical

information and associated attribute data related to positions

on, above or beneath the Earth's surface.

(aa) "GPS" shall mean Global Positioning System, a global

navigating satellite system and associated components that

provides geographic location information.

(bb) "LIS" shall mean Logistics Information System, an

automated system used to communicate with other units on

vertical and horizontal flow of logistics and maintenance

information and status.

Section 2. Sections 4.2(c), 4.5(c) and 5 are amended to

read:

Section 4.2. Procedure for Licensing as Professional

Engineer.--* * *

engineer intern may apply for licensure and shall pass the

examination in engineering principles and practice. To qualify

for the principles and practice examination, an applicant shall,

in addition to holding the [engineer-in-training] engineer

intern certificate, show satisfactory proof of:

(1) four or more years of progressive experience in

engineering work performed after the [issuance of the engineer-

in-training certificate] successful completion of the

fundamentals of engineering examination and under the

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supervision of a professional engineer or a similarly qualified

engineer of a grade and character to [fit him] qualify the

applicant to assume responsible charge of the work involved in

the practice of engineering; or

(2) four or more years of progressive teaching experience in

an approved curriculum under the supervision of a professional

engineer or a similarly qualified engineer of a grade or

character to [fit him] qualify the applicant to assume

responsible charge of the work involved in the practice of

engineering.

* * *

SECTION 1. SECTIONS 2(A) AND (C) AND 4(B) AND (G) OF THE ACT

OF MAY 23, 1945 (P.L.913, NO.367), KNOWN AS THE ENGINEER, LAND

SURVEYOR AND GEOLOGIST REGISTRATION LAW, ARE AMENDED AND THE

SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO READ:

SECTION 2. DEFINITIONS.--AS USED IN THIS ACT--

(A) (1) "PRACTICE OF ENGINEERING" SHALL MEAN THE

APPLICATION OF THE MATHEMATICAL AND PHYSICAL SCIENCES FOR THE

DESIGN OR ANALYSIS OF PUBLIC OR PRIVATE BUILDINGS, STRUCTURES,

MACHINES, EQUIPMENT, PROCESSES, WORKS OR ENGINEERING SYSTEMS,

AND THE CONSULTATION, INVESTIGATION, EVALUATION[, ENGINEERING]

OR SURVEYS, CONSTRUCTION MANAGEMENT, MODIFICATION AND

ALTERATION, PLANNING AND INSPECTION IN CONNECTION THEREWITH, THE

PERFORMANCE OF THE FOREGOING ACTS AND SERVICES BEING PROHIBITED

TO PERSONS WHO ARE NOT LICENSED UNDER THIS ACT AS PROFESSIONAL

ENGINEERS UNLESS EXEMPT UNDER OTHER PROVISIONS OF THIS ACT.

(2) THE TERM "PRACTICE OF ENGINEERING" SHALL ALSO MEAN AND

INCLUDE RELATED ACTS AND SERVICES THAT MAY BE PERFORMED BY OTHER

QUALIFIED PERSONS, INCLUDING BUT NOT LIMITED TO, MUNICIPAL

PLANNING, INCIDENTAL LANDSCAPE ARCHITECTURE, TEACHING,

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<--

CONSTRUCTION, MAINTENANCE AND RESEARCH BUT LICENSURE UNDER THIS

ACT TO ENGAGE IN OR PERFORM ANY SUCH RELATED ACTS AND SERVICES

SHALL NOT BE REQUIRED.

(3) THE FOREGOING SHALL NOT BE DEEMED TO INCLUDE THE

PRACTICE OF ARCHITECTURE AS SUCH, FOR WHICH SEPARATE

REGISTRATION IS REQUIRED UNDER [THE PROVISIONS OF THE ACT OF

JULY 12, 1919 (P.L.933, NO.369), ENTITLED "AN ACT TO REGULATE

THE PRACTICE OF ARCHITECTURE IN THE COMMONWEALTH OF PENNSYLVANIA

BY PROVIDING FOR THE EXAMINATION AND REGISTRATION OF ARCHITECTS

BY A STATE BOARD OF EXAMINERS; DEFINING THE POWER AND DUTIES OF

SAID BOARD OF EXAMINERS; 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."

(4) THE "PRACTICE OF ENGINEERING" SHALL NOT PRECLUDE THE

PRACTICE OF THE SCIENCES WHICH SHALL INCLUDE BUT NOT BE LIMITED

TO: SOIL SCIENCE, GEOLOGY, PHYSICS AND CHEMISTRY.

* * *

[(C) "ENGINEER-IN-TRAINING MEANS A CANDIDATE FOR LICENSURE

AS A PROFESSIONAL ENGINEER, WHO HAS BEEN GRANTED A CERTIFICATE

AS AN ENGINEER-IN-TRAINING AFTER SUCCESSFULLY PASSING THE

PRESCRIBED WRITTEN EXAMINATION IN FUNDAMENTAL ENGINEERING

SUBJECTS, AND WHO SHALL BE ELIGIBLE UPON THE COMPLETION OF THE

REQUISITE YEARS OF EXPERIENCE IN ENGINEERING, UNDER THE

SUPERVISION OF A PROFESSIONAL ENGINEER, OR SIMILARLY QUALIFIED

ENGINEER, FOR THE FINAL EXAMINATION PRESCRIBED FOR LICENSURE AS

A PROFESSIONAL ENGINEER.]

(C.1) "ENGINEER INTERN" MEANS A CANDIDATE FOR LICENSURE AS A

PROFESSIONAL ENGINEER, WHO HAS BEEN GRANTED A CERTIFICATE AS AN

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ENGINEER INTERN AFTER SUCCESSFULLY PASSING THE PRESCRIBED

WRITTEN EXAMINATION IN FUNDAMENTAL ENGINEERING SUBJECTS, AND WHO

IS ELIGIBLE UPON THE COMPLETION OF THE REQUISITE YEARS OF

EXPERIENCE IN ENGINEERING, UNDER THE SUPERVISION OF A

PROFESSIONAL ENGINEER, OR SIMILARLY QUALIFIED ENGINEER, FOR THE

FINAL EXAMINATION PRESCRIBED FOR LICENSURE AS A PROFESSIONAL

ENGINEER.

* * *

SECTION 4. GENERAL POWERS OF BOARD.--THE BOARD SHALL HAVE

POWER--

* * *

(B) LICENSING PROFESSIONAL ENGINEERS, PROFESSIONAL LAND

SURVEYORS AND PROFESSIONAL GEOLOGISTS.--TO PROVIDE FOR AND TO

REGULATE THE LICENSING, AND TO LICENSE TO ENGAGE IN THE PRACTICE

OF ENGINEERING, LAND SURVEYING OR GEOLOGY ANY PERSON OF GOOD

MORAL CHARACTER [AND REPUTE WHO SPEAKS AND WRITES THE ENGLISH

LANGUAGE], IF SUCH PERSON EITHER--

(1) HOLDS AN UNEXPIRED LICENSE OR CERTIFICATE OF

REGISTRATION ISSUED TO [HIM] THE PERSON BY PROPER AUTHORITY OF

SOME OTHER STATE, FOREIGN COUNTRY OR TERRITORY OF THE UNITED

STATES IN WHICH THE REQUIREMENTS AND QUALIFICATIONS TO ENGAGE IN

THE PRACTICE OF ENGINEERING, LAND SURVEYING OR GEOLOGY WERE AT

THE TIME OF THE INITIAL ISSUANCE OF [SUCH] THE LICENSE OR

CERTIFICATE OF REGISTRATION AT LEAST EQUAL TO THE EXISTING

STANDARDS OF THIS COMMONWEALTH: PROVIDED, HOWEVER, THAT SUCH

OTHER STATE, TERRITORY OR FOREIGN COUNTRY SHALL SIMILARLY

LICENSE OR REGISTER PROFESSIONAL ENGINEERS, PROFESSIONAL LAND

SURVEYORS OR PROFESSIONAL GEOLOGISTS LICENSED AND REGISTERED IN

THIS COMMONWEALTH. A PERSON MAY BE LICENSED UNDER THIS

SUBSECTION WITHOUT EXAMINATION.

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(2) IN RELATION TO ENGINEERS AND SURVEYORS, HOLDS A

CERTIFICATE OF QUALIFICATIONS ISSUED BY THE NATIONAL BUREAU OF

ENGINEERING REGISTRATION OF THE NATIONAL COUNCIL OF EXAMINERS

FOR ENGINEERING AND SURVEYING: PROVIDED, THE REQUIREMENTS AND

QUALIFICATIONS OF SAID BODIES TO ENGAGE IN THE PRACTICE OF

ENGINEERING OR LAND SURVEYING ARE AT LEAST EQUAL TO THE

STANDARDS OF THIS COMMONWEALTH. A PERSON MAY BE LICENSED UNDER

THIS SUBSECTION WITHOUT EXAMINATION.

IN CARRYING INTO EFFECT CLAUSES (1) AND (2) OF SUBSECTION (B)

OF THIS SECTION IN RELATION TO ENGINEERS AND SURVEYORS THE BOARD

MAY IN ITS DISCRETION ENTER INTO AGREEMENTS FOR RECIPROCITY WITH

THE NATIONAL COUNCIL OF EXAMINERS FOR ENGINEERING AND SURVEYING

AND WITH STATES UNDER SUCH RULES AND REGULATIONS AS THE BOARD

MAY PRESCRIBE.

(3) COMPLIES WITH THE EDUCATION AND EXPERIENCE CRITERIA AND

SUCCESSFULLY COMPLETES THE TWO-EXAMINATION PROCESS FOR LICENSING

AS A PROFESSIONAL ENGINEER, AS SET FORTH IN SECTION 4.2, OR AS A

PROFESSIONAL LAND SURVEYOR, AS SET FORTH IN SECTION 4.3 OR THE

EXAMINATION PROCESS FOR LICENSING AS A PROFESSIONAL GEOLOGIST AS

SET FORTH IN SECTION 4.4.

(B.1) INDIVIDUALIZED ASSESSMENT OF MORAL CHARACTER.--IN

ASSESSING THE MORAL CHARACTER OF AN APPLICANT WITH A CRIMINAL

CONVICTION UNDER SUBSECTION (B), THE BOARD SHALL CONDUCT AN

INDIVIDUALIZED ASSESSMENT IN ACCORDANCE WITH 63 PA.C.S. § 3113

(RELATING TO CONSIDERATION OF CRIMINAL CONVICTIONS).

* * *

(G) SUSPENSION AND REVOCATION OF LICENSES; REGISTRATIONS AND

CERTIFICATES; REINSTATEMENTS.--TO SUSPEND OR REVOKE THE LICENSE

AND REGISTRATION OF ANY PROFESSIONAL ENGINEER, PROFESSIONAL LAND

SURVEYOR OR PROFESSIONAL GEOLOGIST OR THE CERTIFICATE OF ANY

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[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. UNLESS ORDERED TO DO SO BY A COURT, THE BOARD SHALL NOT

REINSTATE THE LICENSE, CERTIFICATE OR REGISTRATION OF A PERSON

TO PRACTICE AS A PROFESSIONAL ENGINEER, PROFESSIONAL LAND

SURVEYOR, PROFESSIONAL GEOLOGIST OR AN [ENGINEER-IN-TRAINING]

ENGINEER INTERN, GEOLOGIST-IN-TRAINING OR A SURVEYOR-IN-TRAINING

WHICH HAS BEEN REVOKED, AND [SUCH] THE PERSON [SHALL BE] IS

REQUIRED TO APPLY FOR A LICENSE, CERTIFICATE OR REGISTRATION

AFTER A PERIOD OF FIVE YEARS IN ACCORDANCE WITH SECTION 2 IF

[HE] THE PERSON DESIRES TO PRACTICE AT ANY TIME AFTER SUCH

REVOCATION. THE BOARD SHALL REQUIRE A PERSON WHOSE LICENSE OR

REGISTRATION HAS BEEN SUSPENDED OR REVOKED TO RETURN THE LICENSE

OR REGISTRATION IN SUCH MANNER AS THE BOARD DIRECTS. FAILURE TO

DO SO SHALL BE A MISDEMEANOR OF THE THIRD DEGREE. 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

CONTENDERE TO A CHARGE THEREOF FOR CONDUCT RELATING TO THE

PRACTICE OF ENGINEERING, LAND SURVEYING OR GEOLOGY, OR HAS

VIOLATED ANY PROVISION OF THIS ACT OR ANY REGULATION PROMULGATED

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BY THE BOARD. FOR THE PURPOSES OF THIS SUBSECTION, THE CODE OF

ETHICS IS AS FOLLOWS:

IT SHALL BE CONSIDERED UNPROFESSIONAL AND INCONSISTENT WITH

HONORABLE AND DIGNIFIED BEARING FOR [ANY] A PERSON WHO IS A

PROFESSIONAL ENGINEER, PROFESSIONAL LAND SURVEYOR OR

PROFESSIONAL GEOLOGIST:

(1) TO ACT FOR [HIS] THE PERSON'S CLIENT OR EMPLOYER IN

PROFESSIONAL MATTERS OTHERWISE THAN AS A FAITHFUL AGENT OR

TRUSTEE, OR TO ACCEPT ANY REMUNERATION OTHER THAN [HIS] THE

PERSON'S STATED RECOMPENSE FOR SERVICES RENDERED.

(2) TO ATTEMPT TO INJURE FALSELY OR MALICIOUSLY, DIRECTLY OR

INDIRECTLY, THE PROFESSIONAL REPUTATION, PROSPECTS OR BUSINESS

OF ANYONE.

(3) TO ATTEMPT TO SUPPLANT ANOTHER ENGINEER, LAND SURVEYOR

OR GEOLOGIST AFTER DEFINITE STEPS HAVE BEEN TAKEN TOWARD [HIS]

THE OTHER'S EMPLOYMENT.

(4) TO COMPETE WITH ANOTHER ENGINEER, LAND SURVEYOR OR

GEOLOGIST FOR EMPLOYMENT BY THE USE OF UNETHICAL PRACTICES.

(5) TO REVIEW THE WORK OF ANOTHER ENGINEER, LAND SURVEYOR OR

GEOLOGIST FOR THE SAME CLIENT, EXCEPT WITH THE KNOWLEDGE OF

[SUCH] THAT ENGINEER, LAND SURVEYOR OR GEOLOGIST, OR UNLESS THE

CONNECTION OF [SUCH] THAT ENGINEER, LAND SURVEYOR OR GEOLOGIST

WITH THE WORK HAS TERMINATED.

(6) TO ATTEMPT TO OBTAIN OR RENDER TECHNICAL SERVICES OR

ASSISTANCE WITHOUT FAIR AND JUST COMPENSATION COMMENSURATE WITH

THE SERVICES RENDERED: PROVIDED, HOWEVER, THE DONATION OF [SUCH]

THE SERVICES TO A CIVIC, CHARITABLE, RELIGIOUS OR ELEEMOSYNARY

ORGANIZATION SHALL NOT BE DEEMED A VIOLATION.

(7) TO ADVERTISE IN SELF-LAUDATORY LANGUAGE, OR IN ANY OTHER

MANNER, DEROGATORY TO THE DIGNITY OF THE PROFESSION.

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(8) TO ATTEMPT TO PRACTICE IN ANY FIELD OF ENGINEERING, LAND

SURVEYING OR GEOLOGY IN WHICH THE REGISTRANT IS NOT PROFICIENT.

(9) TO USE OR PERMIT THE USE OF [HIS] THE PERSON'S

PROFESSIONAL SEAL ON WORK OVER WHICH [HE] THE PERSON WAS NOT IN

RESPONSIBLE CHARGE.

(10) TO AID OR ABET ANY PERSON IN THE PRACTICE OF

ENGINEERING, LAND SURVEYING OR GEOLOGY NOT IN ACCORDANCE WITH

THE PROVISION OF THIS ACT OR PRIOR LAWS.

THE BOARD SHALL APPOINT, WITH THE APPROVAL OF THE GOVERNOR,

SUCH HEARING EXAMINERS AS SHALL BE NECESSARY TO CONDUCT HEARINGS

AS MAY BE REQUIRED UNDER THIS SUBSECTION.

THE BOARD SHALL HAVE THE POWER TO ADOPT AND PROMULGATE RULES

AND REGULATIONS SETTING FORTH THE FUNCTIONS, POWERS, STANDARDS

AND DUTIES TO BE FOLLOWED BY THE HEARING EXAMINERS.

THE HEARING EXAMINERS SHALL HAVE THE POWER TO CONDUCT

HEARINGS IN ACCORDANCE WITH THE REGULATIONS OF THE BOARD, AND TO

ISSUE SUBPOENAS REQUIRING THE ATTENDANCE AND TESTIMONY OF

INDIVIDUALS OR THE PRODUCTION OF, PERTINENT BOOKS, RECORDS,

DOCUMENTS AND PAPERS BY PERSONS WHOM THEY BELIEVE TO HAVE

INFORMATION RELEVANT TO ANY MATTER PENDING BEFORE THE EXAMINER.

[SUCH] THE EXAMINER SHALL ALSO HAVE THE POWER TO ADMINISTER

OATHS.

THE HEARING EXAMINER SHALL HEAR EVIDENCE SUBMITTED AND

ARGUMENTS OF COUNSEL, IF ANY, WITH REASONABLE DISPATCH, AND

SHALL PROMPTLY RECORD HIS DECISION, SUPPORTED BY FINDINGS OF

FACT, AND A COPY THEREOF SHALL IMMEDIATELY BE SENT TO THE BOARD

AND TO COUNSEL OF RECORD, OR THE PARTIES, IF NOT REPRESENTED.

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

HELD BY A HEARING EXAMINER, THE BOARD SHALL REVIEW THE EVIDENCE,

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AND IF DEEMED ADVISABLE BY THE BOARD, HEAR ARGUMENT AND

ADDITIONAL EVIDENCE. AS SOON AS PRACTICABLE, THE BOARD SHALL

MAKE A DECISION AND SHALL FILE THE SAME WITH ITS FINDING OF THE

FACTS ON WHICH IT IS BASED AND SEND A COPY THEREOF TO EACH OF

THE PARTIES IN DISPUTE.

* * *

SECTION 2. SECTIONS 4.2(A), (B) AND (C), 4.4(B)(1), 4.5(C),

5, 9(A) AND 11(A) OF THE ACT ARE AMENDED TO READ:

SECTION 4.2. PROCEDURE FOR LICENSING AS PROFESSIONAL

ENGINEER.--(A) AN APPLICANT FOR LICENSURE AS A PROFESSIONAL

ENGINEER SHALL SATISFACTORILY COMPLETE THE ENGINEERING

FUNDAMENTALS EXAMINATION AND BECOME CERTIFIED AS AN [ENGINEER-

IN-TRAINING] ENGINEER INTERN AND SUBSEQUENTLY SHOW EVIDENCE OF

EXPERIENCE SATISFACTORY TO THE BOARD TO PREPARE [HIM] THE

APPLICANT FOR THE ENGINEERING PRINCIPLES AND PRACTICE

EXAMINATION.

(B) (1) AN APPLICANT FOR THE [ENGINEER-IN-TRAINING]

ENGINEER INTERN CERTIFICATE SHALL SHOW SATISFACTORY EVIDENCE OF:

(I) GRADUATION FROM AN APPROVED ENGINEERING CURRICULUM OF

FOUR OR MORE YEARS; OR

(II) EIGHT OR MORE YEARS OF PROGRESSIVE EXPERIENCE IN

ENGINEERING WORK AND KNOWLEDGE, SKILL AND EDUCATION

APPROXIMATING THAT ATTAINED THROUGH GRADUATION FROM AN APPROVED

ENGINEERING CURRICULUM.

(2) AN ENGINEERING STUDENT WHO HAS COMPLETED TWO OR MORE

YEARS OF AN APPROVED PROGRAM IN ENGINEERING MAY, SUBJECT TO

BOARD APPROVAL, SIT FOR THE EXAMINATION; BUT [SUCH] THE STUDENT

SHALL NOT BE ELIGIBLE FOR CERTIFICATION UNTIL [HE] THE STUDENT

SHOWS PROOF OF GRADUATION.

(3) AN APPLICANT WHO SATISFACTORILY COMPLETES THE

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EXAMINATION IN ENGINEERING FUNDAMENTALS SHALL BE CERTIFIED AS AN

[ENGINEER-IN-TRAINING] ENGINEER INTERN WITHOUT TIME LIMITATION

AND MAY REMAIN CERTIFIED UNTIL SUCH TIME AS [HE] THE APPLICANT

BECOMES LICENSED UNDER THIS ACT AS A PROFESSIONAL ENGINEER.

ENGINEER INTERN MAY APPLY FOR LICENSURE AND SHALL PASS THE

EXAMINATION IN ENGINEERING PRINCIPLES AND PRACTICE. TO QUALIFY

FOR THE PRINCIPLES AND PRACTICE EXAMINATION, AN APPLICANT SHALL,

IN ADDITION TO HOLDING THE [ENGINEER-IN-TRAINING] ENGINEER

INTERN CERTIFICATE, SHOW SATISFACTORY PROOF OF:

(1) FOUR OR MORE YEARS OF PROGRESSIVE EXPERIENCE IN

ENGINEERING WORK PERFORMED [AFTER THE ISSUANCE OF THE ENGINEER-

IN-TRAINING CERTIFICATE AND] UNDER THE SUPERVISION OF A

PROFESSIONAL ENGINEER OR A SIMILARLY QUALIFIED ENGINEER OF A

GRADE AND CHARACTER TO [FIT HIM] QUALIFY THE APPLICANT TO ASSUME

RESPONSIBLE CHARGE OF THE WORK INVOLVED IN THE PRACTICE OF

ENGINEERING; OR

(2) FOUR OR MORE YEARS OF PROGRESSIVE TEACHING EXPERIENCE IN

AN APPROVED CURRICULUM UNDER THE SUPERVISION OF A PROFESSIONAL

ENGINEER OR A SIMILARLY QUALIFIED ENGINEER OF A GRADE OR

CHARACTER TO [FIT HIM] QUALIFY THE APPLICANT TO ASSUME

RESPONSIBLE CHARGE OF THE WORK INVOLVED IN THE PRACTICE OF

ENGINEERING.

* * *

SECTION 4.4. PROCEDURE FOR LICENSING AS PROFESSIONAL

GEOLOGIST.--* * *

(B) AN APPLICANT SHALL BE QUALIFIED TO BE LICENSED AFTER

SUBMISSION OF PROOF SATISFACTORY TO THE BOARD THAT THE

APPLICANT:

(1) IS OF GOOD MORAL CHARACTER. IN ASSESSING THE MORAL

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CHARACTER OF AN APPLICANT WITH A CRIMINAL CONVICTION, THE BOARD

SHALL CONDUCT AN INDIVIDUALIZED ASSESSMENT IN ACCORDANCE WITH 63

PA.C.S. § 3113 (RELATING TO CONSIDERATION OF CRIMINAL

CONVICTIONS).

* * *

Section 4.5. Continuing Professional Competency

Requirements.--* * *

PDH units during the biennial renewal period. If a licensee

exceeds the requirement in any renewal period, a maximum of

twelve PDH units may be carried forward into the subsequent

renewal period. PDH units may be earned as follows:

(1) Successful completion of college courses relevant to

professional practice.

(2) Completion of continuing education courses relevant to

professional practice.

(3) Completion of [correspondence, televised, videotaped and

other short courses or tutorials relevant to professional

practice.] distance learning courses if the course relates to

professional practice and the PDH units awarded are verifiable

and measurable by the actual hours of instruction.

(4) Completion of seminars, employer-sponsored courses,

workshops or professional or technical presentations made at

meetings, conventions or conferences relevant to professional

practice.

(5) Teaching, presenting or instructing in any of the

activities listed in clauses (1), (2), (3) and (4).

(6) Authoring published papers, articles or books relevant

to professional practice.

(7) Obtaining patents relevant to professional practice.

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* * *

Section 5. Exemption from Licensure and Registration.--

Except as specifically provided in this section, this act shall

not be construed to require licensure and registration in the

following cases:

(a) The practice of engineering, land surveying or geology

by any person who acts under the supervision of a professional

engineer, professional land surveyor or geologist, respectively,

or by an employe of a person lawfully engaged in the practice of

engineering, land surveying or geology and who, in either event,

does not assume responsible charge of design or supervisions[;].

(b) The practice of engineering, land surveying or geology,

not exceeding thirty days in the aggregate in one calendar year,

by a nonresident not having a place of business in this

Commonwealth, if such person is legally qualified to engage in

the practice of engineering, land surveying or geology in the

state or territory of [his] THE PERSON'S residence: Provided,

That standards of such state or territory are at least equal to

the standards of this Commonwealth[;].

by officers and employes of the United States Government for the

said government[;].

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

section, the practice of engineering or land surveying by a

regular employe, contractor or agent of a public utility

company, as defined by the Public Utility Code (66 Pa.C.S. § 101

et seq.) in connection with the facilities of such public

utility, which are subject to regulation by the Pennsylvania

Public Utility Commission: Provided, That such public utility

shall employ at least one professional engineer, as defined in

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this act, who shall be in responsible charge of such utility's

engineering work and shall employ at least one professional land

surveyor, as defined in this act, who shall be in responsible

charge of such utility's land surveying[;].

(e) The practice of architecture by a duly registered

architect, and the doing of such engineering work as is

incidental to [his] THE architectural work[;].

(f) The practice of engineering, land surveying or geology

by any person or by any employe of any copartnership,

association or corporation upon property owned by such person or

such copartnership, association or corporation, unless such

practice affects the public safety or health or the property of

some other person or entity.

(f.1) The practice of engineering or land surveying by a

regular employe , CONTRACTOR or agent of an electric cooperative

corporation, as defined in 15 Pa.C.S. § 7302 (relating to

application of chapter), in connection with the facilities of

the electric cooperative, provided that the electric cooperative

corporation or agent thereof either shall employ at least one

professional engineer or professional land surveyor or belongs

to a Pennsylvania electric cooperative association that employs

a professional engineer or professional land surveyor.

(g) The practice of engineering, land surveying or geology

work by a manufacturing, mining, communications common carrier,

research and development or other industrial corporation or by

employes of such corporation, provided such work is in

connection with or incidental to products of, or non-engineering

services rendered by, such corporation or its affiliates.

(h) The running of lines or grades and layout work on or

within established property limits, or from established points

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outside the property limits to or within such property limits

when performed by a contractor or home builder in conjunction

with the construction, reconstruction, alteration, maintenance

or demolition of a structure or other facility.

(i) The writing of deed descriptions and narrative

descriptions utilizing information from a survey.

(j) The preparation of shop drawings or the performance of

construction management services by persons customarily engaged

in construction work.

(k) The practice of individuals providing geologic services

to businesses engaged in the exploration or development of gas

or oil.

(l) The practice of engineering, land surveying or geology

work by the employes, contractors or agents of a provider of

cable service, voice over Internet protocol service, broadband

Internet access service or any other service delivered over a

cable system, a provider of enhanced telecommunications services

or a provider of telecommunications services, if those services

are in connection with or incidental to products of, or

nonengineering, land surveying or geology services rendered by

the company.

Section 3. This act shall take effect in 60 days.

SECTION 9. FEES.--(A) THE FEE FOR AN APPLICANT FOR

LICENSURE AS A PROFESSIONAL ENGINEER, PROFESSIONAL LAND SURVEYOR

OR PROFESSIONAL GEOLOGIST, INCLUDING EXAMINATION, AND FOR

EXAMINATION OR CERTIFICATION, OR BOTH, AS AN [ENGINEER-IN-

TRAINING] ENGINEER INTERN OR A SURVEYOR-IN-TRAINING, SHALL BE AS

FIXED BY THE BOARD BY REGULATION AND SHALL BE SUBJECT TO REVIEW

IN ACCORDANCE WITH THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),

KNOWN AS THE "REGULATORY REVIEW ACT." IF THE REVENUES GENERATED

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BY FEES, FINES AND CIVIL PENALTIES IMPOSED IN ACCORDANCE WITH

THE PROVISIONS OF THIS ACT ARE NOT SUFFICIENT TO MATCH

EXPENDITURES OVER A TWO-YEAR PERIOD, THE BOARD SHALL INCREASE

THOSE FEES BY REGULATION, SUBJECT TO REVIEW IN ACCORDANCE WITH

THE "REGULATORY REVIEW ACT," SUCH THAT THE PROJECTED REVENUES

WILL MEET OR EXCEED PROJECTED EXPENDITURES.

* * *

SECTION 11. 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

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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SECTION 3. A REFERENCE TO "ENGINEER-IN-TRAINING" IN A

PROVISION OF 49 PA. CODE CH. 37 SHALL BE DEEMED TO BE A

REFERENCE TO AN ENGINEER INTERN.

SECTION 4. A PERSON WHO HAS BEEN AWARDED A CERTIFICATE AS AN

ENGINEER-IN-TRAINING PRIOR TO THE EFFECTIVE DATE OF THIS SECTION

SHALL BE DEEMED TO HAVE BEEN AWARDED A CERTIFICATE AS AN

ENGINEER INTERN.

SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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