PRIOR PRINTER'S NOS. 844, 1354 PRINTER'S NO. 1799
No. 655 Session of 2005
INTRODUCED BY MADIGAN, STOUT, O'PAKE, M. WHITE, COSTA, RAFFERTY, RHOADES, BOSCOLA, D. WHITE, ORIE AND WONDERLING, MAY 26, 2005
SENATOR WENGER, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 5, 2006
AN ACT 1 Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as 2 amended, "An act relating to and regulating the practice of 3 the profession of engineering, including civil engineering, 4 mechanical engineering, electrical engineering, mining 5 engineering and chemical engineering, the profession of land 6 surveying and the profession of geology and constituent parts 7 and combinations thereof as herein defined; providing for the 8 licensing and registration of persons practicing said 9 profession, and the certification of engineers-in-training 10 and surveyors-in-training, and the suspension and revocation 11 of said licenses, registrations and certifications for 12 violation of this act; prescribing the powers and duties of 13 the State Registration Board for Professional Engineers, Land 14 Surveyors and Geologists, the Department of State and the 15 courts; prescribing penalties; and repealing existing laws," 16 providing for the use of the terms "engineer" and 17 "engineering"; and providing for continuing professional 18 engineering competency and education requirements AND FOR <-- 19 CONTINUING LAND SURVEYING COMPETENCY AND EDUCATION 20 REQUIREMENTS. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. Section 3 of the act of May 23, 1945 (P.L.913, 24 No.367), known as the Engineer, Land Surveyor and Geologist 25 Registration Law, amended December 16, 1992 (P.L.1151, No.151), 26 is amended to read:
1 Section 3. Practice of Engineering, Land Surveying or 2 Geology Without Licensure and Registration Prohibited.--(a) In 3 order to safeguard life, health or property and to promote the 4 general welfare, it is unlawful for any person to practice or to 5 offer to practice engineering in this Commonwealth, unless he is 6 licensed and registered under the laws of this Commonwealth as a 7 professional engineer, for any person to practice or to offer to 8 practice land surveying, unless he is licensed and registered 9 under the laws of this Commonwealth as a professional land 10 surveyor or for any person to practice or to offer to practice 11 geology unless he is licensed and registered under the laws of 12 this Commonwealth as a professional geologist. Individuals 13 licensed as professional engineers, professional land surveyors 14 or registered landscape architects may perform geological work 15 which is incidental to their engineering, surveying or landscape 16 architecture without being licensed as a professional geologist. 17 (b) A person shall be construed to practice or offer to 18 practice engineering, land surveying or geology who practices 19 any branch of the profession of engineering, land surveying or 20 geology; or who, by verbal claim, sign, advertisement, 21 letterhead, card, or in any other way represents himself to be 22 an engineer, land surveyor or geologist, or through the use of 23 some other title implies that he is an engineer, land surveyor 24 or geologist or that he is registered under this act; or who 25 holds himself out as able to perform, or who does perform any 26 engineering, land surveying or geological service or work or any 27 other service designated by the practitioner or recognized as 28 engineering, land surveying or geology. 29 (c) Notwithstanding subsection (b), the title "engineer" may 30 only be used by an individual licensed as a professional 20050S0655B1799 - 2 -
1 engineer unless the individual is one of the following: 2 (1) A locomotive engineer. 3 (2) An operating engineer. 4 (3) A project engineer in the construction industry. 5 (4) An individual who is not offering engineering services <-- 6 or engaged in the practice of engineering as defined in section 7 2(a)(1). 8 Section 2. The act is amended by adding a section SECTIONS <-- 9 to read: 10 Section 4.5. Continuing Professional Engineering Competency 11 Requirements.--(a) In order to help safeguard life, health and 12 property and to promote the public welfare, the practice of 13 professional engineering in this Commonwealth requires 14 continuing professional competency. 15 (b) Each in-State and out-of-State engineering licensee 16 shall be required to meet the continuing professional competency 17 requirements of this section as a condition for licensure 18 renewal. Continuing professional competency obtained by an 19 engineering licensee should maintain, improve or expand skills 20 and knowledge obtained prior to initial licensure or develop new 21 and relevant skills and knowledge. 22 (c) Each engineering licensee shall be required to obtain 23 twenty four PDH units during the biannual BIENNIAL renewal <-- 24 period. If an engineering licensee exceeds the requirement in 25 any renewal period, a maximum of twelve PDH units may be carried 26 forward into the subsequent renewal period. PDH units may be 27 earned as follows: 28 (1) Successful completion of college courses relevant to the 29 professional practice of engineering. 30 (2) Successful completion of continuing education courses 20050S0655B1799 - 3 -
1 relevant to the professional practice of engineering. 2 (3) Successful completion of correspondence, televised, 3 videotaped and other short courses or tutorials, relevant to the 4 professional practice of engineering. 5 (4) Presenting or attending qualifying seminars, in-house 6 courses, workshops or professional or technical presentations 7 made at meetings, conventions or conferences, relevant to the 8 professional practice of engineering. 9 (5) Teaching or instructing in any of the activities listed 10 in clauses (1) through (4). 11 (6) Authoring published papers, articles, books or accepted 12 licensing examination items. 13 (7) Actively participating in professional or technical 14 societies relevant to the professional practice of engineering. 15 An engineering licensee shall serve as an officer or actively 16 participate in a committee of the organization in order to 17 receive credit. PDH credits shall not be earned until the end of 18 each year of service is completed. 19 (8) Obtaining patents. 20 (d) (1) Except as provided in clause (2), units of other 21 types of credit shall be converted to PDH units as follows: 22 (i) One college or unit semester hour shall equal forty-five 23 PDH units. 24 (ii) One college or unit quarter hour shall equal thirty PDH 25 units. 26 (iii) One continuing education unit shall equal ten PDH 27 units. 28 (iv) One hour of professional development in course work, 29 seminars or professional or technical presentations made at 30 meetings, conventions or conferences shall equal one PDH unit. 20050S0655B1799 - 4 -
1 (v) Each published paper, article or book shall equal ten 2 PDH units. 3 (vi) Active participation in a professional and technical 4 society, relevant to the professional practice of engineering 5 shall equal, for each organization, two PDH units. 6 (vii) Each patent obtained shall equal ten PDH units. 7 (2) Teaching any of the activities listed in clause (1)(i) 8 through (iv) shall equal double the amount of PDH units provided 9 for in those subclauses. Teaching credit shall be awarded for 10 teaching a course or seminar for the first time only, but shall 11 not be awarded to full-time faculty in the performance of their 12 duties at their employing institutions. 13 (e) The board shall have final authority with respect to 14 approval of courses, credit, PDH value for courses and other 15 methods of earning credit. Credit determination for activities 16 listed in subsection (d)(1)(v) and (vii) shall be the 17 responsibility of the engineering licensee. 18 (f) The engineering licensee shall be responsible for 19 maintaining records to be used to support credits claimed. 20 Required records shall include all of the following: 21 (1) A log showing the type of activity claimed, sponsoring 22 organization, location, duration, instructor's or speaker's name 23 and PDH credits earned. 24 (2) Attendance verification records in the form of 25 completion certificates or other documents supporting evidence 26 of attendance. 27 (g) An engineering licensee may be exempt from the 28 requirements of this section for any of the following reasons: 29 (1) New engineering licensees who are licensed as a result 30 of examination or comity shall be exempt for their first renewal 20050S0655B1799 - 5 -
1 period. 2 (2) An engineering licensee serving on temporary active duty 3 in the armed forces of the United States for a period of time 4 exceeding one hundred twenty consecutive days in a year shall be 5 exempt from obtaining the professional development hours 6 required during that year. 7 (3) Engineering licensees experiencing physical disability, 8 illness or other extenuating circumstances as reviewed and 9 approved by the board may be exempt. Supporting documentation 10 must be furnished to the board. 11 (4) Licensees who list their occupation as retired or 12 inactive on the board-approved renewal form and who certify that 13 they are no longer receiving any remuneration for providing 14 professional engineering services shall be exempt from the 15 professional development hours requirement. In the event such a 16 person elects to return to active practice of professional 17 engineering, professional development hours must be earned 18 before returning to active practice for each year exempted, not 19 to exceed the biannual BIENNIAL renewal requirements. <-- 20 (h) An engineering licensee may bring an inactive license to 21 active status by obtaining all delinquent PDH units, except that 22 under no circumstance shall an engineering licensee be required 23 to obtain more than twenty-four PDH units to restore an inactive 24 license. 25 (i) The continuing professional competency requirements of 26 this section are satisfied when a nonresident certifies to be 27 licensed in and has met the mandatory continuing professional 28 competency requirements of any jurisdiction approved and listed 29 by the board. 30 (j) The following words and phrases shall have the meanings 20050S0655B1799 - 6 -
1 given to them in this subsection: 2 "Activity" shall mean any qualifying activity with a clear 3 purpose and objective which will maintain, improve or expand the 4 skills and knowledge relevant to a licensee's practice of 5 professional engineering. 6 "College or Unit Semester Hour" or "College or Unit Quarter 7 Hour" shall mean credit for courses in ABET-approved programs or 8 other related college courses. 9 "Continuing Education Unit" shall mean a unit of credit 10 customarily used for continuing education courses. 11 "Course" shall mean any qualifying course with a clear 12 purpose and objective which will maintain, improve or expand the 13 skills and knowledge relevant to a licensee's practice of 14 professional engineering. 15 "Professional Development Hour" or "PDH" shall mean a contact 16 hour of instruction or presentation relevant to the professional 17 practice of engineering. 18 SECTION 4.6. CONTINUING PROFESSIONAL LAND SURVEYING <-- 19 COMPETENCY REQUIREMENTS.--(A) IN ORDER TO HELP SAFEGUARD LIFE, 20 HEALTH AND PROPERTY AND TO PROMOTE THE PUBLIC WELFARE, THE 21 PRACTICE OF PROFESSIONAL LAND SURVEYING IN THIS COMMONWEALTH 22 REQUIRES CONTINUING PROFESSIONAL COMPETENCY. 23 (B) EACH IN-STATE AND OUT-OF-STATE LAND SURVEYING LICENSEE 24 SHALL BE REQUIRED TO MEET THE CONTINUING PROFESSIONAL COMPETENCY 25 REQUIREMENTS OF THIS SECTION AS A CONDITION FOR LICENSURE 26 RENEWAL. CONTINUING PROFESSIONAL COMPETENCY OBTAINED BY A LAND 27 SURVEYING LICENSEE SHOULD MAINTAIN, IMPROVE OR EXPAND SKILLS AND 28 KNOWLEDGE OBTAINED PRIOR TO INITIAL LICENSURE OR DEVELOP NEW AND 29 RELEVANT SKILLS AND KNOWLEDGE. 30 (C) EACH LAND SURVEYING LICENSEE SHALL BE REQUIRED TO OBTAIN 20050S0655B1799 - 7 -
1 TWENTY-FOUR PDH UNITS DURING THE BIENNIAL RENEWAL PERIOD. IF A 2 LAND SURVEYING LICENSEE EXCEEDS THE REQUIREMENT IN ANY RENEWAL 3 PERIOD, A MAXIMUM OF TWELVE PDH UNITS MAY BE CARRIED FORWARD 4 INTO THE SUBSEQUENT RENEWAL PERIOD. PDH UNITS MAY BE EARNED AS 5 FOLLOWS: 6 (1) SUCCESSFUL COMPLETION OF COLLEGE COURSES RELEVANT TO THE 7 PROFESSIONAL PRACTICE OF LAND SURVEYING. 8 (2) SUCCESSFUL COMPLETION OF CONTINUING EDUCATION COURSES 9 RELEVANT TO THE PROFESSIONAL PRACTICE OF LAND SURVEYING. 10 (3) SUCCESSFUL COMPLETION OF CORRESPONDENCE, TELEVISED, 11 VIDEOTAPED AND OTHER SHORT COURSES OR TUTORIALS RELEVANT TO THE 12 PROFESSIONAL PRACTICE OF LAND SURVEYING. 13 (4) PRESENTING OR ATTENDING QUALIFYING SEMINARS, IN-HOUSE 14 COURSES, WORKSHOPS OR PROFESSIONAL OR TECHNICAL PRESENTATIONS 15 MADE AT MEETINGS, CONVENTIONS OR CONFERENCES RELEVANT TO THE 16 PROFESSIONAL PRACTICE OF LAND SURVEYING. 17 (5) TEACHING OR INSTRUCTING IN ANY OF THE ACTIVITIES LISTED 18 IN CLAUSES (1) THROUGH (4). 19 (6) AUTHORING PUBLISHED PAPERS, ARTICLES, BOOKS OR ACCEPTED 20 LICENSING EXAMINATION ITEMS. 21 (7) ACTIVELY PARTICIPATING IN PROFESSIONAL OR TECHNICAL 22 SOCIETIES RELEVANT TO THE PROFESSIONAL PRACTICE OF LAND 23 SURVEYING. A LAND SURVEYING LICENSEE SHALL SERVE AS AN OFFICER 24 OR ACTIVELY PARTICIPATE IN A COMMITTEE OF THE ORGANIZATION IN 25 ORDER TO RECEIVE CREDIT. PDH CREDITS SHALL NOT BE EARNED UNTIL 26 THE END OF EACH YEAR OF SERVICE IS COMPLETED. 27 (8) OBTAINING PATENTS. 28 (D) (1) EXCEPT AS PROVIDED IN CLAUSE (2), UNITS OF OTHER 29 TYPES OF CREDIT SHALL BE CONVERTED TO PDH UNITS AS FOLLOWS: 30 (I) ONE COLLEGE OR UNIT SEMESTER HOUR SHALL EQUAL FORTY-FIVE 20050S0655B1799 - 8 -
1 PDH UNITS. 2 (II) ONE COLLEGE OR UNIT QUARTER HOUR SHALL EQUAL THIRTY PDH 3 UNITS. 4 (III) ONE CONTINUING EDUCATION UNIT SHALL EQUAL TEN PDH 5 UNITS. 6 (IV) ONE HOUR OF PROFESSIONAL DEVELOPMENT IN COURSE WORK, 7 SEMINARS OR PROFESSIONAL OR TECHNICAL PRESENTATIONS MADE AT 8 MEETINGS, CONVENTIONS OR CONFERENCES SHALL EQUAL ONE PDH UNIT. 9 (V) EACH PUBLISHED PAPER, ARTICLE OR BOOK SHALL EQUAL TEN 10 PDH UNITS. 11 (VI) ACTIVE PARTICIPATION IN A PROFESSIONAL AND TECHNICAL 12 SOCIETY RELEVANT TO THE PROFESSIONAL PRACTICE OF LAND SURVEYING 13 SHALL EQUAL, FOR EACH ORGANIZATION, TWO PDH UNITS. 14 (VII) EACH PATENT OBTAINED SHALL EQUAL TEN PDH UNITS. 15 (2) TEACHING ANY OF THE ACTIVITIES LISTED IN CLAUSE (1)(I) 16 THROUGH (IV) SHALL EQUAL DOUBLE THE AMOUNT OF PDH UNITS PROVIDED 17 FOR IN THOSE SUBCLAUSES. TEACHING CREDIT SHALL BE AWARDED FOR 18 TEACHING A COURSE OR SEMINAR FOR THE FIRST TIME ONLY, BUT SHALL 19 NOT BE AWARDED TO FULL-TIME FACULTY IN THE PERFORMANCE OF THEIR 20 DUTIES AT THEIR EMPLOYING INSTITUTIONS. 21 (E) THE BOARD SHALL HAVE FINAL AUTHORITY WITH RESPECT TO 22 APPROVAL OF COURSES, CREDIT, PDH VALUE FOR COURSES AND OTHER 23 METHODS OF EARNING CREDIT. CREDIT DETERMINATION FOR ACTIVITIES 24 LISTED IN SUBSECTION (D)(1)(V) AND (VII) SHALL BE THE 25 RESPONSIBILITY OF THE LAND SURVEYING LICENSEE. 26 (F) THE LAND SURVEYING LICENSEE SHALL BE RESPONSIBLE FOR 27 MAINTAINING RECORDS TO BE USED TO SUPPORT CREDITS CLAIMED. 28 REQUIRED RECORDS SHALL INCLUDE ALL OF THE FOLLOWING: 29 (1) A LOG SHOWING THE TYPE OF ACTIVITY CLAIMED, SPONSORING 30 ORGANIZATION, LOCATION, DURATION, INSTRUCTOR'S OR SPEAKER'S NAME 20050S0655B1799 - 9 -
1 AND PDH CREDITS EARNED. 2 (2) ATTENDANCE VERIFICATION RECORDS IN THE FORM OF 3 COMPLETION CERTIFICATES OR OTHER DOCUMENTS SUPPORTING EVIDENCE 4 OF ATTENDANCE. 5 (G) A LAND SURVEYING LICENSEE MAY BE EXEMPT FROM THE 6 REQUIREMENTS OF THIS SECTION FOR ANY OF THE FOLLOWING REASONS: 7 (1) NEW LAND SURVEYING LICENSEES WHO ARE LICENSED AS A 8 RESULT OF EXAMINATION OR COMITY SHALL BE EXEMPT FOR THEIR FIRST 9 RENEWAL PERIOD. 10 (2) A LAND SURVEYING LICENSEE SERVING ON TEMPORARY ACTIVE 11 DUTY IN THE ARMED FORCES OF THE UNITED STATES FOR A PERIOD OF 12 TIME EXCEEDING ONE HUNDRED TWENTY CONSECUTIVE DAYS IN A YEAR 13 SHALL BE EXEMPT FROM OBTAINING THE PROFESSIONAL DEVELOPMENT 14 HOURS REQUIRED DURING THAT YEAR. 15 (3) LAND SURVEYING LICENSEES EXPERIENCING PHYSICAL 16 DISABILITY, ILLNESS OR OTHER EXTENUATING CIRCUMSTANCES AS 17 REVIEWED AND APPROVED BY THE BOARD MAY BE EXEMPT. SUPPORTING 18 DOCUMENTATION MUST BE FURNISHED TO THE BOARD. 19 (4) LICENSEES WHO LIST THEIR OCCUPATION AS RETIRED OR 20 INACTIVE ON THE BOARD-APPROVED RENEWAL FORM AND WHO CERTIFY THAT 21 THEY ARE NO LONGER RECEIVING ANY REMUNERATION FOR PROVIDING 22 PROFESSIONAL LAND SURVEYING SERVICES SHALL BE EXEMPT FROM THE 23 PROFESSIONAL DEVELOPMENT HOURS REQUIREMENT. IN THE EVENT SUCH A 24 PERSON ELECTS TO RETURN TO ACTIVE PRACTICE OF PROFESSIONAL LAND 25 SURVEYING, PROFESSIONAL DEVELOPMENT HOURS MUST BE EARNED BEFORE 26 RETURNING TO ACTIVE PRACTICE FOR EACH YEAR EXEMPTED, NOT TO 27 EXCEED THE BIENNIAL RENEWAL REQUIREMENTS. 28 (H) A LAND SURVEYING LICENSEE MAY BRING AN INACTIVE LICENSE 29 TO ACTIVE STATUS BY OBTAINING ALL DELINQUENT PDH UNITS, EXCEPT 30 THAT UNDER NO CIRCUMSTANCE SHALL A LAND SURVEYING LICENSEE BE 20050S0655B1799 - 10 -
1 REQUIRED TO OBTAIN MORE THAN TWENTY-FOUR PDH UNITS TO RESTORE AN 2 INACTIVE LICENSE. 3 (I) THE CONTINUING PROFESSIONAL COMPETENCY REQUIREMENTS OF 4 THIS SECTION ARE SATISFIED WHEN A NONRESIDENT CERTIFIES TO BE 5 LICENSED IN AND HAS MET THE MANDATORY CONTINUING PROFESSIONAL 6 COMPETENCY REQUIREMENTS OF ANY JURISDICTION APPROVED AND LISTED 7 BY THE BOARD. 8 (J) THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS 9 GIVEN TO THEM IN THIS SUBSECTION: 10 "ACTIVITY" SHALL MEAN ANY QUALIFYING ACTIVITY WITH A CLEAR 11 PURPOSE AND OBJECTIVE WHICH WILL MAINTAIN, IMPROVE OR EXPAND THE 12 SKILLS AND KNOWLEDGE RELEVANT TO A LICENSEE'S PRACTICE OF 13 PROFESSIONAL LAND SURVEYING. 14 "COLLEGE OR UNIT SEMESTER HOUR" OR "COLLEGE OR UNIT QUARTER 15 HOUR" SHALL MEAN CREDIT FOR COURSES IN ABET-APPROVED PROGRAMS OR 16 OTHER RELATED COLLEGE COURSES. 17 "CONTINUING EDUCATION UNIT" SHALL MEAN A UNIT OF CREDIT 18 CUSTOMARILY USED FOR CONTINUING EDUCATION COURSES. 19 "COURSE" SHALL MEAN ANY QUALIFYING COURSE WITH A CLEAR 20 PURPOSE AND OBJECTIVE WHICH WILL MAINTAIN, IMPROVE OR EXPAND THE 21 SKILLS AND KNOWLEDGE RELEVANT TO A LICENSEE'S PRACTICE OF 22 PROFESSIONAL LAND SURVEYING. 23 "PROFESSIONAL DEVELOPMENT HOUR" OR "PDH" SHALL MEAN A CONTACT 24 HOUR OF INSTRUCTION OR PRESENTATION RELEVANT TO THE PROFESSIONAL 25 PRACTICE OF LAND SURVEYING. 26 Section 3. Section 6 of the act, amended December 16, 1992 27 (P.L.1151, No.151), is amended to read: 28 Section 6. Practice by Firms and Corporations.--The practice 29 of engineering, of land surveying and of geology being the 30 function of an individual or of individuals working in concerted 20050S0655B1799 - 11 -
1 effort, it shall be unlawful for any firm or corporation to 2 engage in such practice, or to offer to practice, or to assume 3 use or advertise any title or description, including the use of 4 the term "engineer" or "engineering" in its firm or corporate 5 name, conveying the impression that such firm or corporation is 6 engaged in or is offering to practice such profession, unless 7 the directing heads and employes of such firm or corporation in 8 responsible charge of its activities in the practice of such 9 profession are licensed and registered in conformity with the 10 requirements of this act, and whose name, seal and signature, 11 along with the date of signature, shall be stamped on all plans, 12 specifications, plats and reports issued by such firm or 13 corporation. 14 Section 4. This act shall take effect in 60 days. C17L63MSP/20050S0655B1799 - 12 -