SB 1085 (Roth) Page 3 of 3
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 1085 Hearing Date: April 18, 2016
Author: / RothVersion: / April 7, 2016
Urgency: / No / Fiscal: / Yes
Consultant: / Mark Mendoza
Subject: Professional engineers: geologists: land surveyors
SUMMARY:
Requires licensees under the Board for Professional Engineers, Land Surveyors, and Geologists, upon renewal of their license, to complete a board-administered online assessment to reinforce their knowledge of laws applicable to their practice area; provides that failure to complete the assessment within the allowed timeframe is cause for disciplinary action; and provides that failure to complete this assessment does not prohibit renewal.
Existing law:
1) Establishes the Professional Engineers Act, administered by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG or Board), within the Department of Consumer Affairs (DCA), which licenses and regulates professional engineers. (Business and Professions Code (BPC) § 6700 et seq.)
2) Provides that an applicant who passes the first division exam will be issued an engineer-in-training certificate. (BPC § 6751(a)(2))
3) Requires an applicant, who is issued an engineer-training certificate, to successfully complete three years or more of postsecondary engineering education, three years or more of engineering experience, or a combination of postsecondary education and experience in engineering totaling three years prior to issuance of the certificate. (BPC § 6751(a)(2))
4) Requires an applicant for a professional engineer’s license to acquire six years of overall professional experience prior to licensure. (BPC § 6751(b)(2))
5) Requires an applicant for a professional engineer’s license to complete a test on state laws and the Board’s rules and regulations regulating the practice of professional engineering. (BPC § 6755.1)
6) Provides that a professional engineer license is valid for two years. (BPC § 6795)
7) Establishes the Geologist and Geophysicists Act, administered by the BPELSG, within the DCA, which licenses and regulates professional geologists and geophysicists. (BPC § 7800 et seq.)
8) Requires an applicant for a geologist license to attend and graduate from a college or university with a major in geological sciences. (BPC § 7841(b))
9) Requires an applicant for a geologist license to acquire five years of overall professional experience prior to licensure. (BPC § 7841(c))
10) Requires an applicant for a geologist license complete a test on state laws and the Board’s rules and regulations regulating the practice of geology. (BPC § 7841(d))
11) Provides that geologist, specialty geologist, geophysicist, or specialty geophysicist’s license expires at 12 a.m. of the last day of the birth month of the certificate holder during the second year of a two-year term. (BPC § 7880)
12) Establishes the Land Surveyors’ Act, administered by the BPELSG, within the DCA, which licenses and regulates the practice of land surveying. (BPC § 8700 et seq.)
13) Requires an applicant, who is issued a land surveyor-in-training certificate, to successfully complete two years of postsecondary education in land surveying, two years of experience in land surveying, or a combination of postsecondary education and experience in land surveying totaling two years prior to issuance of the certificate. (BPC § 8741)
14) Requires an applicant for a land surveyor’s license to complete a test on state laws and the Board’s rules and regulations regulating the practice of professional land surveying. (BPC § 8741.1)
15) Requires an applicant for a land surveyor’s license to acquire six years of professional experience prior to licensure. (BPC § 8742)
16) Provides that a land surveyor’s license is valid for two years. (BPC § 8801)
This bill:
1) Requires licensees under the Board for Professional Engineers, Land Surveyors, and Geologists, upon renewal of their license, to complete a board-administered online assessment to reinforce their knowledge of laws applicable to their practice area.
2) Provides that failure to complete the assessment above within 60 days after the date of expiration of the license is cause for disciplinary action.
3) Provides that failure to complete the assessment does not affect the renewal of the certificate.
FISCAL EFFECT:
Unknown. This bill is keyed “fiscal” by Legislative Counsel.
COMMENTS:
1. Purpose. The BPELSG is the sponsor of the bill. According to the Author, “Based on the Board’s experience, licensees fail to adequately and independently stay up-to-date with critical legal and regulatory changes that directly affect the manner in which they provide services to and for the general public. This bill would require licensees, at the time of renewal of the license, to complete an assessment relating to California laws and regulations to reinforce the licensee’s knowledge of the relevant laws.”
2. Background. The BPELSG is charged with safeguarding the life, health, property, and public welfare by regulating the practices of professional engineering, land surveying, geology, and geophysics. The BPELSG provides this public service by qualifying and licensing individuals, establishing regulations, enforcing laws and regulations, and providing information so that consumers can make informed decisions.
The complexity of engineering, land surveying, geology, and geophysics projects necessitates a very high degree of technical knowledge and skill that is typically only acquired after many years of experience. The vast majority of licensed engineers hold a college degree in engineering. Land surveyors make decisions and form opinions based upon interpretation of legal documents, field evidence, and the use of technically advanced instrumentation. Licensed geologists and geophysicists often obtain post-secondary degrees in earth sciences and devote many years of experience studying and interpreting historical data related to soils, earth dynamics, groundwater, and the effect those have on public improvements.
3. Sunset Review. In 2014, the Board recommended to the Committee that upon renewal of licenses under the Board’s jurisdiction, the licensee should be required to demonstrate their knowledge of the state laws and the Board’s rules regulating their areas of practice.
The Board recently researched common violations committed by licensees discovered during complaint investigations that are not necessarily standard of practice issues. The laws and regulations of the Board are readily available to its licensees on the Board’s website. While it is expected that licensees will familiarize themselves of the laws governing their practice, it is apparent that many licensees do not review them on a regular basis or even when significant changes are made.
For instance, for many years following the requirement of written contracts for licensees AB 2696 (Cox, Chapter 976, Statutes of 2000), numerous complaints were received alleging that a written contract was not executed. In several cases, it became apparent during the Board’s investigation that compliance with the written contract statute was not fulfilled. The response from many licensees was that they were unaware of the new law, even though the Board had publicized it several times in its newsletter, on its website, and through in-person outreach opportunities.
Over a three-year period, of the cases against licensees in which violations were found which did not rise to the level of warranting formal disciplinary action, approximately 45% involved violations relating to non-practice related laws, such as failing to include all of the required elements in a written contract, failing to execute a written contract, failing to sign and seal professional documents in the manner required by law, failing to submit reports of civil judgments or settlements, and failing to file Organization Record forms.
While private employees usually are the individuals who engage in written contracts, the Board reports that there are other issues with compliance regardless of where the licensee is employed (i.e., responsible charge criteria, signing and sealing documents, Code of Professional Conduct, notifying BPELSG of change of address, etc.). The Board regularly encounters multiple situations where the licensee, employed by a public agency, runs a private practice on the side or is contracted as the licensee in Responsible Charge for multiple private businesses, all while performing their normal M-F, 9-5 job at the public agency. Caltrans has a form for those licensees to fill out and get approved by their supervisors. The Board has a record of this since it receives complaints on these licensees or private firms and violations typically include contract issues and lack of adequate responsible charge.
To ensure adequate public protection and curtail unnecessary complaint investigations, the Board believes licensees should be required to periodically demonstrate their knowledge of the state laws and the Board’s rules regulating their areas of practice. The most effective way to accomplish this would be to require licensees, at the time of renewal, to complete an online assessment that would include questions regarding state laws and the Board’s rules and regulations regulating their practices. This examination would be modeled after the examination currently required for professional engineers and land surveyors at the time of initial licensure. If licensees were required to demonstrate their knowledge of the laws at the time of renewal, they would have an incentive to ensure they stay current on those laws and changes to them.
The sunset bill, AB 177 (Bonilla, Chapter 428, Statutes of 2015), ultimately did not include provisions relating to the proposed testing requirement.
4. Online Assessment. As written, this bill would require licensees to complete an online assessment testing them on California state laws and regulations in relation to their practice area. The Board reports that it would clearly indicate, on its homepage, a tab where the licensee could complete the assessment.
As the licensee moves through the assessment, two to three pop-ups will appear quizzing the licensee on the reviewed material. There is no pass/fail component. If the licensee fails to correctly answer a question, the system will outline the issue and highlight the correct response. At the end of the assessment, the licensee would sign a document highlighting that they have reviewed the information and provide their license number and last four digits of their social security number.
The Board underscores that this examination would be developed in conjunction with DCA’s SOLID unit.
5. Continuing Education Requirements. Currently, the BPELSG does not have any continuing education requirements nor does it have any plans to implement comprehensive requirements in the future.
If enacted, this bill would create a semi-continuing education requirement for licensees every two years.
6. Arguments in Support. The Board writes, “It is anticipated that these legislative changes will allow the renewal candidate to renew their license in much the same manner as it is currently processed with the additional requirement that the laws and regulations examination must be completed and passed within a reasonable timeframe of the licensee’s scheduled renewal date. Additionally, the examination would be implemented using internet-based technology such that the renewal candidate can take the examination wherever and whenever internet access is available with an instantaneous result so that if the renewal candidate fails to achieve a passing score, another attempt can be initiated as soon as the candidate is ready. The primary intent behind this requirement is to provide an environment in which the Board can efficiently increase awareness of the laws and regulations directly affecting the licensee’s practice while providing an effective and more instantaneous communication model for educating the licensees in addition to typical outreach efforts.”
7. Arguments in Opposition. Opponents believe this would create another requirement for applicants for licensure under the BPELSG.
8. Policy Issue: Geophysicists. Unlike professional engineers, land surveyors, and geologists, applicants for a geophysicist license are not required to complete a test on state laws and the Board’s rules and regulations regulating the practice of geophysics. This measure would create a continuing education requirement that geophysicists demonstrate knowledge of state laws and the Board’s rules and regulations after receiving a license. While the amount of licensed geophysicists may be scant, it is important to standardize procedures across all professions the Board regulates and ensure that licensed geophysicists know the law.
9. Proposed Amendments. The Author may wish to amend the bill to also require applicants for a geophysicist license to complete a test on state laws and the Board’s rules and regulations regulating the practice of geophysics by making the following change:
Amending BPC § 7841.1(d) to state: Successfully pass a written examination that shall test the applicant’s knowledge of state laws, rules and regulations, and of the principles and practices of geophysics within this state. The board shall administer the test on the state laws and the board’s rules and regulations as a separate part of the examination for licensure as a geophysicist.
SUPPORT AND OPPOSITION:
Support:
The Board for Professional Engineers, Land Surveyors, and Geologists (Sponsor)
Eureka Right of Way Engineering
Several Individuals
Opposition:
Four Individuals
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