PROPOSED RULEMAKING
STATE REGISTRATION BOARD OF PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS
[ 49 PA. CODE CH. 37 ]
Licensure by Endorsement
[51 Pa.B. 2170]
[Saturday, April 17, 2021]The State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board) proposes to amend Chapter 37 (relating to State Registration Board for Professional Engineers, Land Surveyors and Geologists) by amending § 37.1 (relating to definitions) and adding §§ 37.20 and 37.20a (relating to licensure by endorsement; and provisional endorsement licensure) to read as set forth in Annex A.
Effective Date
The amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section 3111 of 63 Pa.C.S. (relating to licensure by endorsement) requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant to allow practice in this Commonwealth provided the applicant meets the following criteria: holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth; demonstrates competency; has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice that profession or occupation in this Commonwealth, unless the board or commission determines such conduct is not an impediment to granting the license, certificate, registration or permit; is in good standing and has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit, unless the board or commission determines such conduct is not an impediment to granting the license, certificate, registration or permit; and the applicant pays fees, as established by regulation. Additionally, 63 Pa.C.S. § 3111 authorizes boards and commissions to issue a provisional license, certificate, registration, or permit while an applicant is satisfying remaining requirements for licensure by endorsement, for which the Board must set by regulation the terms of expiration. Additionally, section 4(l) of the Engineer, Land Surveyor and Geologist Registration Law (act) (63 P.S. § 151(l)) authorizes the Board to adopt and promulgate 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 the act.
The act of July 1, 2020, (P.L. 575, No. 53) added 63 Pa.C.S. § 3111 as part of the consolidation of the act of July 2, 1993 (P.L. 345, No. 48) (Act 48) into 63 Pa.C.S. Chapter 31 (relating to powers and duties). The text of 63 Pa.C.S. § 3111 was originally added to Act 48 by the act of July 1, 2019 (P.L. 292, No. 41).
Background and Need for the Amendments
This proposed rulemaking is needed to effectuate 63 Pa.C.S. § 3111, which requires the Board to issue a license to applicants who meet the requirements for licensure by endorsement as set forth in 63 Pa.C.S. § 3111. Under 63 Pa.C.S. § 3111, the Board must determine whether standards for licensure are substantially equivalent to or exceed those established by the Board. Additionally, 63 Pa.C.S. § 3111 requires the Board to determine the methods of competency, including completion of continuing education or experience in the profession or occupation for at least 2 of the 5 years preceding the date of the application, and must establish, by regulation, the expiration of provisional endorsement license. This proposed rulemaking sets forth the criteria for eligibility for licensure by endorsement, including the specific methods required for an applicant to demonstrate competency as well as requirements for granting a provisional endorsement license. The Board determined that its existing fee for certification, licensure or registration of $50 as set forth under § 37.17 (relating to schedule of fees) is a fair and sufficient fee for a licensure by endorsement application; therefore, the Board is adopting this existing fee and not proposing a separate fee for licensure by endorsement.
Description of the Proposed Amendments
The Board proposes to amend § 37.1 by adding a definition of the term ''jurisdiction'' consistent with 63 Pa.C.S. § 3111.
The Board proposes to add § 37.20 which requires an applicant to satisfy six criteria required for licensure by endorsement. The first criterion, as set forth in proposed subsection (a)(1), requires an applicant to provide proof of a current license, certification, registration or permit in good standing to practice in another jurisdiction whose standards are substantially equivalent to those established by the Board under sections 4.2—4.4 of the act (63 P.S. § 151.2—151.4) regarding procedures for licensing as a professional engineer, professional geologist and professional land surveyor and §§ 37.31—37.49. Proposed subsection (a)(1) further requires an applicant to submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit. This proposed rulemaking would also require that the copy of the applicable law, regulation or other rule include the enactment date. Additionally, because 63 Pa.C.S. § 3111 is applicable to territories and other countries that use languages other than English, where the applicable law, regulation or other rule is in a language other than English, the Board would require, at the applicant's expense, translation of the applicable law, regulation or other rule by a professional translation service.
Proposed subsection (a)(2) requires demonstration of competency. Under this provision, an applicant must provide proof of competency by demonstrating either experience in the practice of the profession or completion of professional development hours. To demonstrate competency by experience, an applicant must demonstrate active engagement in the practice of engineering, geology or land surveying, as applicable, for at least 2 of the 5 years immediately preceding the date of the application in the jurisdiction that issued the license, certificate, registration or permit. To demonstrate competency through completion of continuing education (referred to as professional development hours under the act), an applicant must submit proof of completion of 24 hours professional development hours which meets the requirements of section 4.5 of the act (63 P.S. § 151.5) regarding continuing professional competency requirements. Professional development hours must be completed during the 24 months immediately preceding the date of the application. The Board proposes completion of the professional development hours within 24 months immediately preceding the date of the application because a 24-month limitation correlates with the Board's biennial renewal requirements.
Proposed subsection (a)(3) and (4) incorporates the statutory prohibitions in 63 Pa.C.S. § 3111 pertaining to conduct that would constitute grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice the profession or occupation, and prior discipline by the jurisdiction that issued the license. As authorized by 63 Pa.C.S. § 3111(a)(3) and (4), § 37.20(c) gives the Board the discretion to determine that an act prohibited by § 37.20(a)(3) or (4) are not impediments to the granting of a license, certification, registration or a permit.
Proposed subsection (a)(5) provides for payment of an application fee, as required by 63 Pa.C.S. § 3111(a)(5). The applicable fee for licensure by endorsement under 63 Pa.C.S. § 3111 is the initial application fee in § 37.17 of the Board's current fee schedule of $50.
Finally, proposed subsection (a)(6) requires applicants to apply for licensure in accordance with Chapter 37 in the manner and format prescribed by the Board.
In proposed § 37.20(b), the Board may require a personal interview or additional information to assist the Board in determining eligibility and competency. When a personal interview is necessary, to the extent practicable, the Board intends to offer flexibility in the manner in which an interview is conducted to include video teleconferencing.
In proposed § 37.20(c), the Board may in its discretion determine that an act prohibited under section 4(g) of the act or disciplinary action by a jurisdiction are not impediments to licensure. Also, consistent with 63 Pa.C.S. § 3111(a)(3) and (4), proposed § 37.20(c) authorizes the Board, in its discretion, to determine that an act prohibited under section 4(g) of the act or disciplinary action by a jurisdiction are not impediments to the granting of a license, certification, registration or a permit by endorsement under 63 Pa.C.S. § 3111.
Consistent with 63 Pa.C.S. § 3111(b), proposed § 37.20a(a) provides that the Board, in its discretion, may issue a provisional endorsement license while an applicant is satisfying remaining requirements under 63 Pa.C.S. § 3111 and proposed § 37.20.
Proposed § 37.20a(b) sets the expiration of a provisional endorsement license at 1 year, unless the Board determines that an expiration date of less than 1 year is appropriate. Additionally, upon a written request, the Board may extend the term of the license upon a showing of good cause.
Proposed § 37.20a(c) sets forth reasons for which a provisional endorsement license will be terminated by the Board, including when the Board denies a license or the provisional endorsement licensee fails to comply with the terms of a provisional endorsement license.
Finally, proposed § 37.20a(d) clarifies that while an individual may reapply for a license by endorsement under proposed § 37.20, the Board will not issue a subsequent provisional endorsement license to an applicant who previously held a provisional endorsement license that expired or was terminated.
Lastly, under proposed § 37.20a(e), the Board makes clear that holders of provisional endorsement licenses must follow the rules governing the proper use of a registrant's seal as set forth under section 7 of the act (63 P.S. § 154) and §§ 37.57—37.59 (relating to registration number; seal; and use of seal).
Fiscal Impact and Paperwork Requirements
This proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The costs to the Board related to processing applications for licensure by endorsement will be recouped through fees paid by applicants. Applicants who apply for licensure by endorsement will be impacted by the $50 certificate, licensure or registration application fee in § 37.17 and may incur expenses relating to completing professional development hours if they choose to demonstrate competency in this manner. Applicants who demonstrate competency through experience will have to pay the $50 initial application fee.
Sunset Date
The Board continuously monitors the cost effectiveness of the Board regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on April 6, 2021, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to the Board Counsel, State Registration Board for Professional Engineers, Land Surveyors and Geologists, P.O. Box 69523, Harrisburg, PA 17106-9523 or by e-mail at RA-STRegulatoryCounsel@pa.gov within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference 16A-4715 (Licensure by Endorsement), when submitting comments.
JAMES SZALANKIEWICZ, PE, PLS,
PresidentFiscal Note: 16A-4715. No fiscal impact; (8) recommends adoption.
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 PROVISIONS § 37.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * 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.
Jurisdiction—A state, territory or country.
NCEES—The National Council of Examiners for Engineering and Surveying.
* * * * * (Editor's Note: The following sections are proposed to be added and printed in regular type to enhance readability.)
§ 37.20. Licensure by endorsement.
(a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement), an applicant must satisfy all of the following conditions:
(1) Has a current license, certification, registration or permit in good standing to practice professional engineering, geology or land surveying in another jurisdiction whose standards are substantially equivalent to or exceed those established under sections 4.2 through 4.4 of the act (63 P.S. §§ 151.2—151.4) and §§ 37.31—37.49.
(i) An applicant must submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license.
(ii) If the applicable law, regulation or other rule is in a language other than English, at the applicant's expense, the applicable law, regulation or other rule shall be translated by a professional translation service and verified to be complete and accurate.
(iii) The copy of the applicable law, regulation or other rule must include the enactment date.
(2) Demonstrates competency by one of the following:
(i) Experience in the practice of professional engineering, geology or land surveying by demonstrating, at a minimum, that the applicant has actively engaged in the practice of professional engineering, geology or land surveying in the jurisdiction that issued the license, certificate, registration or permit for at least 2 of the last 5 years immediately preceding the filing of the application with the Board.
(ii) Completion of 24 professional development hours that meet the requirements of section 4.5 of the act (63 P.S. § 151.5), regarding continuing professional competency requirements, during the 24 months immediately preceding the date of the application.
(3) Has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certification, registration or permit to practice professional engineering, geology or land surveying under section 4(g) of the act (63 P.S. § 151(g)) and § 37.81 (relating to misconduct).
(4) Has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.
(5) Has paid the certification, licensure or registration fee as set forth in § 37.17 (relating to schedule of fees).
(6) Has applied for licensure in accordance with this chapter in the manner and format prescribed by the Board.
(b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be requested to submit additional information, including supporting documentation relating to competency and experience. The applicant may request the interview to be conducted by video teleconference for good cause shown.
(c) Prohibited acts. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under section 4(g) of the act or § 37.81, or disciplinary action by a jurisdiction is not an impediment to licensure under 63 Pa.C.S. § 3111.
§ 37.20a. Provisional endorsement license.
(a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying remaining requirements for licensure by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) and § 37.20 (relating to licensure by endorsement).
(b) Expiration of a provisional endorsement license.
(1) An individual holding a provisional endorsement license may practice for up to 1 year after issuance of the provisional endorsement license. The Board, in its discretion, may determine that an expiration date of less than 1 year is appropriate.
(2) Upon a written request and a showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.
(c) Termination of a provisional endorsement license. A provisional endorsement license terminates as follows:
(1) The provisional endorsement license terminates when the Board denies the license.
(2) Failure to comply with the terms of a provisional endorsement license will result in termination of the provisional endorsement license.
(d) Reapplication. An individual may reapply for licensure by endorsement under § 37.20 after expiration or termination of a provisional endorsement license; however, the individual may not be issued a subsequent provisional endorsement license.
(e) Use of seal. An individual issued a provisional endorsement license shall follow the rules governing the proper use of a registrant's seal under section 7 of the act (63 P.S. § 154) and §§ 37.57—37.59 (relating to registration number; seal; and use of seal).
[Pa.B. Doc. No. 21-600. Filed for public inspection April 16, 2021, 9:00 a.m.]
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