RULES AND REGULATIONS
STATE REGISTRATION BOARD FOR
PROFESSIONAL ENGINEERS, LAND
SURVEYORS AND GEOLOGISTS
[49 PA. CODE CH. 37]
General Revisions
[26 Pa.B. 5106] The State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board) adopts amendments to Chapter 37 (relating to State Registration Board for Professional Engineers, Land Surveyors and Geologists) to read as set forth in Annex A. The amendments are responsive to the act of December 16, 1992 (P. L. 1151, No. 151) (Act 151) which amended the Engineer, Land Surveyor and Geologist Registration Law (act) (63 P. S. §§ 148--158.2), the chief impact of which was to provide for the regulation of the profession of geology.
The amendments establish consistency with statutory changes by adding language to the Board's existing regulations to reference geologists and geology, respectively, throughout Chapter 37 where references to engineers, land surveyors, engineering and land surveying currently appear. The amendments also provide definitions for ''professional geological work'' and ''responsible position'' within the context of Act 151 and set forth the education and experience requirements for licensure as a professional geologist.
Notice of proposed rulemaking was published at 25 Pa.B. 5747 (December 16, 1995). Publication was followed by a 30-day public comment period during which the Board received written comments from William V. Knight, CPG, RPG, Executive Director, American Institute of Professional Geologists, Michael M. Ryan, P. E., Deputy Secretary, Highway Administration and Bryan J. McConnell.
Following the close of the public comment period, the Board received written comments from the Independent Regulatory Review Commission (IRRC). Neither the Senate Consumer Protection and Professional Licensure Committee nor the House Professional Licensure Committee offered comments, suggestions or objections regarding the amendments.
The amendments reflected in Annex A are responsive to the comments and suggestions received from the commentators. In addition, the Board considered this rulemaking and its purpose under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final regulations benefit applicants for licensure as a geologist in this Commonwealth as described in this Preamble and otherwise comply with Executive Order 1996-1. For ease of reference, the Board will address the comments in the order in which the amendments appear.
§ 37.1. Definitions.
Several commentators were confused by the Board's proposed definition for the phrase ''professional geological work.'' Michael M. Ryan, P. E. expressed concern that if the term is interpreted to include soil/foundation studies, professional engineers could be barred from this portion of their work. Mr. Ryan also opined that geological mapping and some laboratory work be considered as professional geological work. Bryan McConnell was of the view that the portion of the definition which excluded from professional geological work, ''the routine review of others' work . . .'' is an attempt by the Board to exclude individuals that are responsible under statutes and regulations to conduct inspections or reviews of work product of others. IRRC commented as well that it was unsure whether the definition was an attempt to clarify the specific statutory definitions or an attempt by the Board to add new exclusions beyond those listed in the act.
In response to these comments, the Board wishes to clarify that the definition, as proposed, was simply an attempt by the Board to define for applicants the meaning of the phrase, ''professional geological work'' within the context of section 4.4(b)(3) of the act (63 P. S. § 151.4(b)(3)). Section 4.4(b)(3) of the act requires applicants for licensure to have completed at least 5 years of professional geological work which includes either a minimum of 3 years of professional geological work under the supervision of a licensed professional geologist (or a qualified geologist who was not licensed) or a minimum of 5 years experience in a responsible position in professional geological work. The Board did not intend by the proposed definition to enlarge statutory language or to bar professional engineers from the ability to perform soil/foundation studies.
To constitute professional geological work, the Board is of the view that individuals who conduct reviews of work performed by others should have a practical basis, built upon a foundation of experience, within which to properly evaluate the work. The Board therefore proposed to advise applicants that the routine review of others' work, or, stated another way, an administrative completeness review, would not be considered to be geological work of a grade or character to qualify one to satisfy the experience requirements for licensure.
Since the Board's initial proposal was confusing to many commentators, the Board has redefined the phrase ''professional geological work'' to mean, ''the performance of geological service or work, including technical completeness reviews or inspections of unfinalized work product, that requires the utilization, application and interpretation of fundamental and practical principles of the geological sciences in the practice of geology. The term does not include routine sampling, laboratory work, or geological drafting.'' The Board agrees with Mr. Ryan that geological mapping and complex laboratory work can require the utilization, application and interpretation of fundamental and practical principles of geological sciences; however, since the act specifically excludes from acceptable geological experience routine sampling, laboratory work or geological drafting, the Board will review this type of work on a case-by-case basis.
Commenting on the Board's proposed definition of ''responsible position,'' Michael M. Ryan, P. E. recommended that the definition be strengthened to ensure that the level of personal responsibility for a professional geologist is similar to that required of a professional engineer. By way of example, Mr. Ryan suggested that the definition of ''responsible charge'' where it appears in section 2(i) of the act (63 P. S. § 149(i)), be incorporated into the Board's definition. IRRC commented that the definition as crafted was unclear.
In response to these concerns, the Board has redefined the term ''responsible position'' to mean, ''a job which requires independent judgment, competence and accountability in the performance of professional geological work.''
§ 37.36. Eligibility for licensure.
At the suggestion of IRRC, minor changes have been made to § 37.36. Under paragraph (1)(ii), the Board has added the words ''undergraduate courses or'' between the words ''fourth year'' and ''graduate courses.'' The addition of the word ''or'' tracks the statutory language of section 4.4(b)(2) of the act. The addition of the words ''undergraduate courses'' clarifies that either third or fourth year undergraduate courses or graduate courses will be acceptable to satisfy this education requirement. IRRC noted that Mr. McConnell was apparently confused by the omission of the word ''or'' in the Board's initial proposal. Mr. McConnell thought that the Board was trying to require additional graduate studies which clearly it was not. The editorial changes should clarify the Board's original intent to track the statutory language.
§ 37.37. References.
Several commentators expressed concern about the Board's proposed reference requirement. William V. Knight, CPG, RPG, commented that many geologists, including most over 50 years of age, have not worked under the supervision or direction of another geologist for several years. Mr. Knight also commented that many geologists who wish to become registered have been in a ''responsible position in geological work'' for far more than the minimum 5 years required by the act. Mr. Knight pointed out that these geologists may not necessarily be able to provide names of former supervisors under whose supervision they have worked.
IRRC expressed similar concerns and also noted that the proposal did not include language to allow experience acquired before the effective date of Act 151 to be under the supervision of a qualified geologist who was not licensed. IRRC also suggested that language be added to the regulation to indicate that applicants will be notified of any investigation which is being conducted relative to the contents of the applicant's application.
These comments are well taken. The Board's original proposal was primarily directed at the applicant whose experience is/was obtained under appropriate supervision. In those instances, the Board is still of the view that applicants should provide the names and addresses of at least three references who, collectively, can verify the experience claimed by the applicant and attest to the applicant's good moral character.
To clarify the Board's intent with respect to the reference requirement, the Board has divided § 37.37 into three subsections (a)--(c). Subsection (a) applies to applicants whose experience under § 37.36(2) includes a minimum of 3 years of professional geological work under appropriate supervision. The Board has added language to this subsection to clarify that individuals used as references should include either licensed professional geologists under whose direction the applicant has worked or unlicensed geologists who are qualified to evaluate the applicant's training and experience. The Board has also added language to give appropriate recognition to geological work that was performed prior to the effective date of Act 151 under the supervision of a qualified geologist who was not licensed.
Subsection (b) applies to applicants whose experience under § 37.36(2) includes a minimum of 5 years experience in a responsible position in professional geological work. Applicants who apply for licensure under this criteria need only provide the names and addresses of three references who, collectively, can verify the experience claimed by the applicant and attest to the applicant's good moral character.
Subsection (c) notifies applicants that an application may be withheld pending investigation if, in the opinion of the Board, the references reflect adversely on the applicant's character or qualifications. Language has also been added to this subsection to indicate that applicants will be notified of any investigation which is being conducted relating to the contents of the applicant's application.
Fiscal Impact and Paperwork Requirements
The amendments should have no negative fiscal impact upon the Commonwealth, its political subdivisions or the general public.
The Board has already altered its existing application forms to address applicants for geology licensure.
Statutory Authority
The Board's authority for promulgation of the amendments is section 4(1) of the act, which empowers the Board to adopt, promulgate and enforce administrative rules and regulations, not inconsistent with the act, as are deemed necessary and proper by the Board to carry into effect the powers conferred by law.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking, published at 25 Pa.B. 5747, to IRRC and to the Chairpersons of the House Professional Licensure Committee and the Senate Committee on Consumer Protection and Professional Licensure.
Publication of the notice of proposed rulemaking was followed by a 30-day public comment period during which the Board entertained public comments from William V. Knight, CPG, RPG, Executive Director, American Institute of Professional Geologists, Michael M. Ryan, P. E., Deputy Secretary, Highway Administration and Bryan J. McConnell. Subsequent to the close of the public comment period, the Board also entertained comments from IRRC. Neither the House Professional Licensure Committee nor the Consumer Protection and Professional Licensure Committee offered comments or objections regarding the amendments.
These final-form regulations were approved by the House Professional Licensure Committee on October 1, 1996, and by the Senate Consumer Protection and Professional Licensure Committee on September 25, 1996.
IRRC met on October 3, 1996, and approved the final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
Further Information
Individuals who need information about the amendments may contact Shirley Klinger, Administrative Assistant, State Registration Board for Professional Engineers, Land Surveyors and Geologists, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7049.
Findings
The Board finds that:
(1) Public notice of the Board's intention to adopt the amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendments adopted by this order are necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 37, are amended by amending §§ 37.18, 37.58, 37.59 and 37.81--37.83 to read as set forth at 25 Pa.B. 5747 (December 16, 1996); and by amending § 37.1 and adding §§ 37.36 and 37.37 to read as set forth in Annex A.
(b) The Board shall submit this order, 25 Pa.B. 5747 and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order, 25 Pa.B. 5747 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5181 (October 26, 1996).)
Fiscal Note: Fiscal Note 16A-473 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 37. STATE REGISTRATION BOARD
FOR PROFESSIONAL ENGINEERS, LAND
SURVEYORS AND GEOLOGISTS
GENERAL REVISIONS § 37.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2).
Board--The State Registration Board for Professional Engineers, Land Surveyors and Geologists.
Bureau--The Bureau of Professional and Occupational Affairs.
Documents--Specifications, land surveys, reports, plats, drawings, plans, design information and calculations.
Engineering curriculum--A curriculum of 4 or more years approved by a National accrediting association recognized by the Board which leads to a baccalaureate degree. In the case of a degree issued from an institution outside of the United States, an engineering curriculum is a curriculum of 4 or more years which a Board recognized professional credentials evaluation service has determined to be equivalent to a baccalaureate degree issued from a college or university in the United States.
Hearing examiner--An individual appointed by the Board, with the approval of the Governor, to conduct hearings as may be required under the act in accordance with the act and this chapter.
Professional geological work--The performance of geological service or work, including technical completeness reviews or inspections of unfinalized work product, that requires the utilization, application and interpretation of fundamental and practical principles of the geological sciences in the practice of geology. The term does not include routine sampling, laboratory work or geological drafting.
Progressive experience in engineering work--Within the context of the engineer-in-training, experience of a grade and character sufficient to enable an individual to learn through practice the principles of math and science attained through formal education.
Progressive experience in surveying work--Within the context of a surveyor-in-training, experience of a grade and character sufficient to qualify an individual to personally and independently attain the equivalent survey-ing skills and math attained through an associate degree program in surveying.
Progressive teaching experience--Full-time faculty teaching experience, attained after the issuance of an engineer-in-training certificate or a surveyor-in-training certificate which includes teaching engineering courses or land surveying courses at the junior, senior or graduate level, covering the breadth and depth of the curriculum.
Responsible position--A job which requires independent judgment, competence and accountability in the performance of professional geological work.
Similarly qualified engineer--A natural person who is not registered as a professional engineer in this Commonwealth, or in another jurisdiction which licenses professional engineers, who has attained a level of expertise in a recognized branch of engineering by means of experience and education which, in the opinion of the Board, would qualify the person to provide supervision of the applicant's progressive work experience in the major branch of engineering in which the applicant indicates proficiency.
Similarly qualified surveyor--A natural person who is not registered as a professional land surveyor in this Commonwealth, or in another jurisdiction which licenses professional land surveyors, who has attained a level of expertise in land surveying by means of experience and education which, in the opinion of the Board, would qualify the person to provide supervision of the applicant's progressive work experience in land surveying.
Special meetings--A meeting scheduled by the Board after the Board's regular schedule of meetings has been established.
REGISTERED PROFESSIONAL GEOLOGISTS § 37.36. Eligibility for licensure.
An applicant for licensure as a professional geologist shall be of good moral character, meet the following education and experience requirements and pass an examination adopted by the Board.
(1) Education.
(i) An applicant shall submit evidence to the Board of having graduated from an accredited institution of higher learning with a major in geology, geophysics, geochemistry or engineering geology, with a minimum of 30 semester or 45 quarter hours in geology, geophysics, geochemistry, engineering geology or their subdivisions.
(ii) An applicant who has graduated from an accredited institution of higher learning which does not grant semester or quarter hours in geological science courses leading to a major in geology, shall submit evidence to the Board of having completed 30 semester or 45 quarter hours or an equivalent amount of geological education, of which at least 24 semester hours or an equivalent amount are in third or fourth year undergraduate courses or graduate courses. The applicant shall submit documentation from the institution certifying that at the time the applicant attended the institution, the institution did not offer semester or quarter hours in geological science courses leading to a major in geology. The certification shall accompany the application materials.
(iii) Graduates of a foreign college or university shall have their educational credentials reviewed by a professional evaluation service approved by the Board. To be acceptable, the applicant's educational credentials shall be equivalent to a Bachelor Degree in geology, geophysics, geochemistry, engineering geology or their subdivisions from an accredited United States college or university.
(2) Experience. An applicant shall complete at least 5 years of professional geological work. The applicant's experience shall include either a minimum of 3 years of professional geological work under the supervision of a licensed professional geologist or a minimum of 5 years in a responsible position in professional geological work. Professional geological work performed prior to February 16, 1993, shall satisfy the requirement of this subsection if it was performed under the supervision of either a licensed professional geologist or a qualified geologist who was not licensed. Experience, to be acceptable, shall demonstrate the applicant's ability to apply principles of geology, geophysics, geochemistry, engineering geology or their subdivisions to the actual practice of geology. Routine sampling, laboratory work and geological drafting is not professional geological work and will not be credited as acceptable experience. A Graduate Degree in geology, geophysics, geochemistry, engineering geology or their subdivisions may be substituted as part of the total experience requirements for licensure, at the rate of 1 year for a Master's Degree and 1 year for a Doctor's Degree. Credit for a Graduate Degree may not exceed a total of 2 years toward meeting the required number of years of professional geological work.
§ 37.37. References.
(a) As part of the application process, an applicant whose experience under § 37.36(2) (relating to eligibility for licensure) includes a minimum of 3 years of professional geological work under the supervision of either a licensed professional geologist or, in the case of work performed prior to February 16, 1993, a qualified geologist who was not licensed, shall give the names and addresses of at least three references who, collectively, can verify the required experience claimed by the applicant and attest to the applicant's good moral character. Individuals used as references should include either licensed professional geologists under whose direction the applicant has worked or unlicensed geologists who are qualified to evaluate the applicant's training and experience. The Board will not review an application until three acceptable references have been received.
(b) An applicant whose experience under § 37.36(2) includes a minimum of 5 years experience in a responsible position in professional geological work shall give the names and addresses of at least three references who, collectively, can verify the experience claimed by the applicant and attest to the applicant's good moral character. The Board will not review an application until three acceptable references have been received.
(c) If, in the opinion of the Board, references reflect adversely on the applicant's character or qualifications, the Board may withhold processing the application until an investigation into the applicant's character or qualifications, or both, is completed. The applicant will be notified in writing of any investigation which is being conducted relative to the content of the applicant's application. Based upon the results of an investigation, additional references may be required by the Board.
[Pa.B. Doc. No. 96-1792. Filed for public inspection October 25, 1996, 9:00 a.m.]
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