By: Chisum H.B. No. 1221 73R2840 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of geologists; providing a civil and 1-3 criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. SHORT TITLE. This Act may be cited as the 1-6 Geologist Registration Act. 1-7 SECTION 2. PURPOSE. In order to safeguard the life, health, 1-8 and property of the citizens of this state and to promote the 1-9 public welfare, the public practice of geology in this state is 1-10 declared to be subject to regulation in the public interest. 1-11 SECTION 3. DEFINITIONS. In this Act: 1-12 (1) "Board" means the Board of Registration for 1-13 Geologists. 1-14 (2) "Certified geologist" means a geologist who has 1-15 been certified by a professional geological organization, society, 1-16 or association that has certification requirements that have been 1-17 recognized by the board as provided by this Act, including the 1-18 American Association of Petroleum Geologists, the American 1-19 Institute of Professional Geologists, and the Society of 1-20 Independent Professional Earth Scientists. 1-21 (3) "Geologist" means a person qualified to engage in 1-22 the practice of geology by reason of the person's knowledge of 1-23 geology, mathematics, and the supporting physical and life 1-24 sciences, acquired through education and practical experience. 2-1 (4) "Geology" means the science of the treatment of 2-2 the earth and its origin and history, the investigation of the 2-3 earth's constituent rocks, minerals, fossil fuels, solids, and 2-4 fluids including surface and underground waters, gases, and other 2-5 materials, and the study of the natural agents, forces, and 2-6 processes that cause changes in and on the earth. 2-7 (5) "Public practice of geology" means the performance 2-8 of geological services or work including consulting, investigating, 2-9 evaluating, planning, surveying, mapping, and inspecting geological 2-10 work, and the responsible supervision of those tasks. 2-11 (6) "Registered geologist" means a geologist who has 2-12 met the academic and experience qualifications of this Act and who 2-13 has been issued a certificate of registration as a registered 2-14 geologist by the board. 2-15 (7) "Responsible charge" means the independent 2-16 control and direction of geological work or the supervision of 2-17 geological work by the use of initiative, skill, and independent 2-18 judgment. 2-19 (8) "Specialty" means a branch of geology that has 2-20 been recognized by the board for specialty certification. 2-21 (9) "Practice of specialty geology" means the 2-22 performance of geological services or work including consulting, 2-23 investigating, evaluating, planning, surveying, mapping, and 2-24 inspecting geological work and the responsible supervision of those 2-25 tasks, in the commonly recognized geologic practices of engineering 2-26 geology/geophysics, hydrogeology, and environmental 2-27 geology/geophysics. 3-1 (10) "Specialty certified geologist" means a 3-2 registered geologist who has met the academic and experience 3-3 qualifications in a specialty of geology established under this Act 3-4 and has been certified in that specialty by the board. 3-5 (11) "Subordinate" means a person who assists a 3-6 registered geologist or an exempt person in the practice of geology 3-7 without assuming the responsible charge of the work. 3-8 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS. (a) The 3-9 Board of Registration for Geologists is created to administer the 3-10 provisions of this Act. 3-11 (b) The board is composed of 10 members, nine of whom are 3-12 appointed by the governor with the advice and consent of the senate 3-13 and one member is the director of the Bureau of Economic Geology of 3-14 The University of Texas at Austin. 3-15 (c) Seven of the appointed members of the board must be 3-16 geologists registered under this Act, three of whom must be board 3-17 certified in a specialty of geology recognized under this Act. To 3-18 the extent possible, the composition of the appointed geologists 3-19 serving on the board must be representative of the occupational 3-20 distribution of geologists registered under this Act. 3-21 (d) Two members of the board must be members of the general 3-22 public with no family or business connection with the public 3-23 practice of geology. 3-24 (e) A member of the board must be a citizen of the United 3-25 States, must have been a resident of this state for at least three 3-26 years preceding appointment, and must be at least 25 years of age. 3-27 Members of the board appointed by the governor serve staggered 4-1 six-year terms with the terms of three members expiring February 1 4-2 of each odd-numbered year. 4-3 (f) A member of the board may not serve more than two 4-4 consecutive full terms. 4-5 SECTION 5. REMOVAL FROM BOARD. It is a ground for removal 4-6 from the board if: 4-7 (1) the member is no longer qualified for appointment 4-8 to the board; 4-9 (2) the member engages in misconduct, is determined to 4-10 be incompetent, neglects the member's official duties, or engages 4-11 in malfeasance; 4-12 (3) the member commits a felony or a violation of this 4-13 Act resulting in disciplinary action; 4-14 (4) the member fails without excuse to attend at least 4-15 half of the regularly scheduled meetings held in a calendar year 4-16 while the member is a member of the board; or 4-17 (5) other good and sufficient cause for removal 4-18 exists. 4-19 SECTION 6. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The 4-20 board is subject to the open meetings law, Chapter 271, Acts of the 4-21 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's 4-22 Texas Civil Statutes), and the Administrative Procedure and Texas 4-23 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). 4-24 SECTION 7. VACANCY. If a vacancy on the board occurs, the 4-25 governor shall appoint a member to fill the unexpired term. 4-26 SECTION 8. COMPENSATION. A member of the board is entitled 4-27 to a per diem as set by the legislature for each day that the 5-1 member engages in the business of the board. A member of the board 5-2 is entitled to reimbursement for transportation and other expenses 5-3 incurred in connection with the business of the board. 5-4 SECTION 9. IMMUNITY FROM CIVIL LIABILITY. A member or 5-5 former member of the board or an agent, employee, or member of an 5-6 advisory committee appointed by the board under this Act is immune 5-7 from civil liability for any act or omission that occurred in the 5-8 person's official capacity. The attorney general shall defend a 5-9 person immune under this section in an action brought against the 5-10 board or the person for an alleged act or omission by the person. 5-11 SECTION 10. MEETINGS; OFFICERS OF BOARD. (a) The board 5-12 shall hold two or more regular meetings in each calendar year. A 5-13 special meeting may be held at a time permitted by rule of the 5-14 board. 5-15 (b) The board shall elect annually from its own membership a 5-16 chair, vice-chair, and secretary-treasurer, none of whom may hold 5-17 office for more than two consecutive one-year terms. The board may 5-18 appoint an assistant secretary and other assistant officers who are 5-19 not members of the board to assist the board and exercise its 5-20 authority in carrying out its duties and responsibilities. 5-21 (c) A majority of the board constitutes a quorum. 5-22 (d) Minutes of each meeting of the board, recording the 5-23 members present and the business conducted, shall be signed and 5-24 kept by the secretary-treasurer or an assistant secretary appointed 5-25 by the board. 5-26 SECTION 11. POWERS AND DUTIES OF BOARD. (a) The board may: 5-27 (1) adopt and enforce rules consistent with this Act 6-1 and necessary for the performance of its duties; 6-2 (2) set reasonable and necessary fees to be charged 6-3 applicants and registrants under this Act; and 6-4 (3) recognize and establish specialty branches of 6-5 geologic practice, and establish qualifications, conduct 6-6 examinations, and certify specialties for qualified applicants. 6-7 (b) The board may prepare, administer, and grade oral and 6-8 written examinations required or permitted under this Act. The 6-9 board may adopt or recognize, in part or in whole, examinations 6-10 prepared, administered, or graded by other organizations, on a 6-11 regional or national basis, that the board determines appropriate 6-12 to measure the qualifications of an applicant for registration as a 6-13 geologist or in a specialty of geology if: 6-14 (1) the examination questions, the correct answers, 6-15 and an individual applicant's completed examination are available 6-16 to the board; and 6-17 (2) the board retains the authority to determine a 6-18 passing grade for registration in this state. 6-19 (c) The board shall issue and renew certificates of 6-20 registration as provided by this Act. As a condition for renewal 6-21 of a registration, the board may require, in general or in 6-22 individual cases, evidence of a renewal applicant's competence in 6-23 the practice of geology through a review of the applicant's 6-24 qualifications and experience, by requiring continuing professional 6-25 education, by conducting a reexamination on a periodic or other 6-26 basis, or by other appropriate means. 6-27 (d) The board, by rule, shall adopt a code of professional 7-1 conduct that is binding on all registrants under this Act. The 7-2 board may enforce the code by imposing sanctions as provided by 7-3 this Act. 7-4 (e) The board shall investigate all complaints of violations 7-5 of this Act as provided by this Act. 7-6 (f) The board may refuse to issue or renew or may suspend or 7-7 revoke a certificate of registration and may impose sanctions 7-8 including restrictions on the practice of a registrant or a person, 7-9 firm, or corporation practicing under this Act for a violation of 7-10 this Act or a rule adopted under this Act. 7-11 (g) The board may administer oaths and affirmations and 7-12 issue subpoenas to compel the attendance of witnesses and the 7-13 production of evidence. 7-14 (h) The board may issue cease and desist orders and seek 7-15 injunctions against a violation of this Act or a rule adopted under 7-16 this Act. 7-17 (i) The board, by rule, shall recognize the use of the 7-18 designations "Certified Professional Geologist" or "C.P.G." as used 7-19 by the American Institute of Professional Geologists, "Certified 7-20 Petroleum Geologist" or "C.P.G." as used by the American 7-21 Association of Petroleum Geologists, and "Certified Geologist" or 7-22 any similar designation used by a professional geological 7-23 organization, society, or association recognized by the board, if: 7-24 (1) the organization, society, or association's 7-25 requirements for certification are comparable to the educational 7-26 and experience requirements of this Act and are otherwise 7-27 acceptable to the board; 8-1 (2) the full name or recognized abbreviation of the 8-2 organization granting the certification is stated following or in 8-3 conjunction with the use of the designation or abbreviation; and 8-4 (3) the designation or abbreviation is not used in a 8-5 manner that is misleading or that creates an impression that the 8-6 person is licensed to practice geology before the public unless the 8-7 person is registered under this Act. 8-8 (j) The board, by rule, shall recognize the use of the 8-9 designations "geological engineer," "geological engineering," 8-10 "geotechnical engineer," "geotechnical engineering," "hydraulic 8-11 engineer," "hydraulic engineering," or any other engineering title 8-12 by a person registered or licensed as a professional engineer in 8-13 this state as a legitimate engineering title separate from geology 8-14 or a specialty of geology. 8-15 (k) The board may enter into agreements with boards of 8-16 registration in other states and other appropriate organizations 8-17 and agencies to develop uniform standards for: 8-18 (1) the registration of geologists; 8-19 (2) accrediting educational programs; 8-20 (3) establishing reciprocity; 8-21 (4) developing regional or national examinations; 8-22 (5) evaluating applicants; and 8-23 (6) other purposes consistent with this Act. 8-24 (l) The board may appoint committees, employ personnel, 8-25 employ contractors and consultants, lease or purchase furnishings, 8-26 equipment, and supplies, lease office space, and incur other 8-27 similar expenses in connection with the administration of this Act. 9-1 SECTION 12. EXECUTIVE DIRECTOR; OFFICES. (a) The board 9-2 shall appoint an executive director, who shall be responsible for 9-3 managing the day-to-day affairs of the board, including: 9-4 (1) arranging for and supervising the necessary 9-5 support, secretarial, and clerical services; 9-6 (2) obtaining space for holding examinations, 9-7 meetings, and conferences; 9-8 (3) printing or purchasing examinations; 9-9 (4) printing and mailing forms, information, and 9-10 certificates; 9-11 (5) sending notices, collecting fees, and issuing 9-12 receipts; 9-13 (6) conducting the correspondence of the board 9-14 including replying to routine requests for information; 9-15 (7) maintaining the minutes and records of the board; 9-16 (8) keeping records of receipts and disbursements; and 9-17 (9) providing necessary investigative services. 9-18 (b) The board shall maintain an official office and address 9-19 within the city of Austin to conduct its business. 9-20 SECTION 13. RECEIPTS AND DISBURSEMENTS; FUND. (a) The 9-21 executive director shall receive, administer, and account for all 9-22 money received under this Act, and shall transfer the funds to the 9-23 state treasurer. 9-24 (b) All funds paid to the board under this Act shall be 9-25 deposited in a special fund, known as the "geologists fund." The 9-26 geologists fund shall be maintained in accordance with the 9-27 accounting procedures of, and shall be subject to audit by, the 10-1 state treasurer. Interest earned on money deposited in the 10-2 geologists fund shall be credited to the geologists fund. 10-3 (c) All expenses incurred by the board in the administration 10-4 and enforcement of this Act shall be paid from the geologists fund. 10-5 (d) The executive director shall file an annual report of 10-6 all receipts, expenditures, and fund balances with the state 10-7 treasurer. 10-8 SECTION 14. ROSTER AND SPECIALTIES LIST. (a) The board 10-9 shall maintain a roster stating the name and place of business of 10-10 each registered geologist and board-certified specialty geologist 10-11 practicing under a certificate of registration issued by the board. 10-12 Copies of the roster shall be kept on file with the board and shall 10-13 be furnished on request to a state agency, county or municipal 10-14 clerk or building official, and a registration or certificate 10-15 holder. A copy of the roster shall also be furnished to any person 10-16 on written request, subject to payment of a reasonable fee set by 10-17 the board and any applicable state taxes. 10-18 (b) The board shall maintain a list of recognized 10-19 specialties of geology in which certification is recognized by the 10-20 board under this Act and professional geological organizations, 10-21 societies, and associations recognized by the board. 10-22 (c) The board shall maintain a list of each state, territory 10-23 or possession of the United States, the District of Columbia, or 10-24 foreign country in which the requirements and qualifications for 10-25 registration are comparable to those established in this state and 10-26 with which a reciprocity agreement exists. 10-27 SECTION 15. REGISTRATION REQUIRED. (a) A person may not 11-1 practice as a geologist or engage in the practice of geology or a 11-2 specialty of geology without a certificate of registration issued 11-3 under this Act. 11-4 (b) A person may not use the term "registered geologist," 11-5 claim to have a specialty in geology as part of a professional, 11-6 business, or commercial identification or title, or otherwise hold 11-7 out to the public that the person is qualified to practice as a 11-8 geologist or to engage in the practice of geology or a specialty of 11-9 geology unless the person is registered under this Act. 11-10 (c) A person may not prepare or supervise the preparation of 11-11 a geologic report or a geologic portion of a report required by 11-12 municipal or county ordinance, state or federal law, state agency 11-13 rule, or federal regulation that incorporates or is based on a 11-14 geologic study or geologic data unless the person is registered as 11-15 a geologist under this Act. 11-16 (d) The state or a political subdivision of the state may 11-17 not contract for geological services with a person other than a 11-18 person registered under this Act or with a business entity other 11-19 than a business entity that employs geologists registered under 11-20 this Act who shall be responsible for the geological work performed 11-21 by the business entity. 11-22 SECTION 16. APPLICATION REQUIREMENTS. (a) An applicant for 11-23 registration as a geologist, in a specialty of geology, or for 11-24 temporary or reciprocal registration must apply on a form 11-25 prescribed by the board that is signed and sworn to by the 11-26 applicant before a notary public. 11-27 (b) An application must be accompanied by the appropriate 12-1 application fee and include: 12-2 (1) information concerning the applicant's education; 12-3 (2) a detailed summary of the applicant's geologic 12-4 work experience, including work in a specialty in which the 12-5 applicant seeks certification; 12-6 (3) a signed statement that the applicant has read and 12-7 will comply with the code of professional conduct; and 12-8 (4) not fewer than five reference letters, of which 12-9 not fewer than three are from geologists having personal knowledge 12-10 of the applicant's geologic experience. 12-11 (c) An applicant must pay a fee for application, 12-12 examination, registration, and renewal of a certificate of 12-13 registration, in addition to any other fee required by the board. 12-14 SECTION 17. REGISTRATION REQUIREMENTS. To be registered as 12-15 a geologist, an applicant must: 12-16 (1) be of good moral and ethical character as attested 12-17 to by letters of reference submitted on behalf of the applicant or 12-18 as otherwise determined by the board; 12-19 (2) have graduated from a course of study in geology 12-20 or geoscience satisfactory to the board or from a program 12-21 accredited by an organization recognized by the board, of four or 12-22 more years duration including at least 30 semester or 45 quarter 12-23 hours of credit, with a major in geology or geoscience or a 12-24 geological specialty or have satisfactorily completed other 12-25 equivalent educational requirements as determined by the board; 12-26 (3) have a documented record of a minimum of four 12-27 years of satisfactory work experience in geology or a specialty of 13-1 geology obtained after completing the academic requirements of this 13-2 section that demonstrates that the applicant is qualified to 13-3 assume responsible charge for geologic work on registration as a 13-4 geologist, two years of which work experience may be required by 13-5 the board to have been gained under the supervision of a geologist 13-6 registered in this state or another state or gained under the 13-7 supervision of another person who, in the opinion of the board, is 13-8 qualified to have responsible charge of geological work; 13-9 (4) have passed an examination covering the 13-10 fundamentals and practice of geology required by the board; and 13-11 (5) meet other general or individual requirements 13-12 established by the board under this Act. 13-13 SECTION 18. REQUIREMENTS FOR SPECIALTY CERTIFICATION. An 13-14 applicant for certification in a geological specialty must meet the 13-15 following requirements in addition to meeting the requirements of 13-16 Section 17 of this Act: 13-17 (1) successful completion of 12 semester or 16 quarter 13-18 hours of advanced study in the specialty at an academic institution 13-19 acceptable to the board or completion of an equivalent amount of 13-20 professional experience acceptable to the board; 13-21 (2) have experience including a documented record of 13-22 six or more years of experience with not less than four years in 13-23 the specialty after completing the academic requirements of this 13-24 section in geologic work of a nature satisfactory to the board that 13-25 demonstrates that the applicant is qualified to assume responsible 13-26 charge of the specialty work on certification in the specialty and 13-27 not less than two years of the experience gained under the 14-1 supervision of a geologist certified in the specialty in this state 14-2 or another state or under the supervision of another person who the 14-3 board determines to be qualified to have responsible charge of 14-4 geological work in the specialty or, as an alternative to the two 14-5 years of experience under the supervision of a geologist certified 14-6 in the specialty, the board may accept three reference letters from 14-7 board certified specialty geologists in the specialty; and 14-8 (3) have passed an examination required by the board 14-9 in the specialty. 14-10 SECTION 19. QUALIFYING EXPERIENCE. The following standards 14-11 shall be applied in evaluating the experience of an applicant for 14-12 registration in the practice of geology or for a specialty 14-13 certification under Sections 17 and 18 of this Act: 14-14 (1) each year of professional practice acceptable to 14-15 the board, under the direct supervision of a geologist who is 14-16 registered in this state or in another state under requirements for 14-17 registration that are comparable to those in this Act or under the 14-18 direct supervision of a geologist who meets the educational and 14-19 experience requirements for registration but is not required to be 14-20 registered under this Act constitutes one year of professional 14-21 experience in geology; 14-22 (2) each year of professional specialty geology 14-23 practice acceptable to the board under the direct supervision of a 14-24 specialty geologist who is registered in the specialty under this 14-25 Act or who is registered or certified as a specialty geologist 14-26 under comparable requirements in another state, under a civil 14-27 engineer or geological engineer registered in this state or another 15-1 state, or under a specialty geologist who meets the educational and 15-2 experience requirements for registration but is not required to be 15-3 registered under this Act constitutes one year of practice in a 15-4 specialty in geology; and 15-5 (3) a year of experience in professional practice 15-6 acceptable to the board and acquired before September 1, 1994, 15-7 constitutes one year of experience in professional practice if the 15-8 experience: 15-9 (A) was acquired under the direct supervision of 15-10 a geologist who meets the educational and experience requirements 15-11 for registration under this Act, or is registered under comparable 15-12 requirements in another state; or 15-13 (B) would constitute the responsible charge of 15-14 professional work in geology as determined by the board. 15-15 SECTION 20. GRADUATE STUDY, RESEARCH, AND TEACHING 15-16 EXPERIENCE. (a) Each year of full-time graduate study in the 15-17 geological sciences or in a specialty of geology that is acceptable 15-18 to the board constitutes one year of professional experience in 15-19 geology or the applicable specialty of geology. No more than two 15-20 years of full-time graduate study may be accepted by the board for 15-21 professional experience for a single applicant. 15-22 (b) The board may accept geological research or teaching by 15-23 a person studying geology or a geological specialty at the college 15-24 or university level as qualifying experience if the research or 15-25 teaching, in the judgment of the board, is comparable to experience 15-26 obtained in the practice of geology or a specialty of geology. 15-27 SECTION 21. REGISTRATION WITHOUT EXAMINATION. (a) A person 16-1 holding a valid certificate of registration or license for the 16-2 practice of geology or a recognized specialty of geology issued 16-3 under the law of another state or a territory or possession of the 16-4 United States, the District of Columbia, or a foreign country, is 16-5 eligible for registration under this Act without meeting the 16-6 examination requirements of Sections 17(4) and 18(3) of this Act. 16-7 (b) The board may issue a certificate of registration to an 16-8 applicant who provides proof of registration or licensure under 16-9 requirements that the board determines to be substantially similar 16-10 to those established by this Act and who pays the required fees. 16-11 SECTION 22. TEMPORARY REGISTRATION. A person who is not a 16-12 resident of this state and does not have an established place of 16-13 business in this state who seeks to practice geology in this state 16-14 for a time not to exceed 90 days after the date of registration or 16-15 an applicant for reciprocal registration who seeks to practice 16-16 geology pending a determination on the reciprocity application may 16-17 be issued a temporary registration certificate authorizing 16-18 temporary practice in this state if the person: 16-19 (1) applies for temporary registration to the board, 16-20 provides proof of registration in another state, District of 16-21 Columbia, territory, possession, or foreign country, and pays the 16-22 required fees; 16-23 (2) agrees to comply with the signature requirements 16-24 of Section 29(b) of this Act and to affix the person's seal from 16-25 the jurisdiction where the person is registered or licensed on all 16-26 work completed while practicing under the temporary registration; 16-27 and 17-1 (3) files the required information and reports and 17-2 complies with other requirements established by the board 17-3 concerning the person's temporary practice. 17-4 SECTION 23. WAIVER OF REQUIREMENTS. (a) In an individual 17-5 case, the board may waive any of the requirements for registration 17-6 by a two-thirds vote of the entire board, except for the payment of 17-7 a required fee, on the written request of the applicant and on a 17-8 showing of good cause if the board determines that the applicant is 17-9 otherwise qualified for registration as a geologist or in a 17-10 specialty of geology. 17-11 (b) The requirements waived under this section and the basis 17-12 for the waiver must be recorded in the applicant's record and in 17-13 the proceedings of the board. 17-14 SECTION 24. DENIAL OF REGISTRATION. (a) The board may deny 17-15 registration for an applicant who fails to satisfy a requirement of 17-16 this Act or on a determination by the board that there is probable 17-17 cause to believe that an applicant has violated this Act or a 17-18 provision the registrant would be subject to in this Act or a 17-19 comparable provision in the registration law of another state. 17-20 (b) The board may not issue a certificate of registration 17-21 pending the disposition of a complaint alleging a violation in this 17-22 or another state if the board has notice of the alleged violation. 17-23 (c) An applicant who is denied registration must be notified 17-24 of the reason for denial in writing not later than the 30th day 17-25 after the date of the board's decision. Not later than the 30th 17-26 day after the date of receipt of the notice, the applicant may make 17-27 a written request for a hearing. In the absence of a request for a 18-1 hearing, the board's action is final. 18-2 SECTION 25. CONTINUING EDUCATION. To renew a registration 18-3 as a geologist or certification as a specialty geologist, an 18-4 applicant for renewal must meet the continuing education 18-5 requirements for renewal established by the board. 18-6 SECTION 26. CERTIFICATES AND SEALS. (a) The board shall 18-7 issue an appropriate certificate of registration to a registered 18-8 geologist and a specialty certification to an applicant who meets 18-9 the requirements of this Act for registration as a geologist or for 18-10 board certification in a specialty of geology on payment of the 18-11 applicable registration fee. 18-12 (b) The certificate must show the full name of the 18-13 registrant, have a serial number, and be signed by an appropriate 18-14 officer of the board under the board's seal. 18-15 (c) The issuance by the board of a certificate of 18-16 registration is prima facie evidence that while the certificate is 18-17 valid the person named on the certificate is entitled to all rights 18-18 and privileges of a registered geologist or a board-certified 18-19 specialty geologist and is entitled to practice geology as a firm 18-20 or corporation. 18-21 SECTION 27. REGISTRATION DURATION; EXPIRATION. (a) A 18-22 certificate of registration is valid for a period not to exceed 18-23 three years and expires according to a schedule established by the 18-24 board. 18-25 (b) The board shall notify each certificate holder of the 18-26 date of expiration of the person's certificate and the amount of 18-27 the fee required for renewal not later than the 60th day before the 19-1 date of expiration. 19-2 (c) On expiration, a certificate is invalid and may not be 19-3 renewed except as provided by this Act. 19-4 SECTION 28. REGISTRATION RENEWAL. (a) The board shall 19-5 renew or reissue a certificate of registration for a registrant who 19-6 before the expiration date of the certificate or within a period 19-7 not to exceed 60 days after the expiration as determined by the 19-8 board: 19-9 (1) submits the required renewal application and fee 19-10 and a penalty for late renewal if required; and 19-11 (2) meets the requirements for renewal established by 19-12 the board. 19-13 (b) The board, by rule, may establish conditions and fees 19-14 for the reissuance of certificates of registration that have 19-15 lapsed, expired, or been suspended or revoked. 19-16 (c) The board shall reissue a new certificate to replace any 19-17 certificate of registration that has been lost, destroyed, or 19-18 mutilated, subject to the rules and fees adopted by the board. 19-19 SECTION 29. REGISTRANT'S SEAL. (a) On registration, a 19-20 registrant must obtain a seal of a design established by the board 19-21 bearing the registrant's name, registration or certification 19-22 number, the words "Registered Geologist," and words that indicate 19-23 any specialty in which the individual may be certified. 19-24 (b) Geologic reports, documents, and other records as 19-25 defined by the board that are offered to the public and prepared or 19-26 issued by or under the supervision of a registered geologist or by 19-27 a subordinate under the supervision of a registered geologist must 20-1 include the full name, signature, and registration number of the 20-2 registrant who prepared the document or under whose supervision it 20-3 was prepared and an impression of the registrant's seal in 20-4 accordance with rules adopted by the board. Documents that are 20-5 required to be prepared or issued by or under the direction of a 20-6 geologist certified in a specialty must be similarly signed and 20-7 sealed. 20-8 SECTION 30. EXEMPTIONS. (a) The following activities do 20-9 not require registration under this Act: 20-10 (1) geological work performed by an employee or a 20-11 subordinate of a registrant under this Act, if the work does not 20-12 include the responsible charge of geological work and is performed 20-13 under the direct supervision of a registered geologist who is 20-14 responsible for the work; 20-15 (2) geological work performed by an officer or 20-16 employee of the United States practicing solely as such an officer 20-17 or employee; 20-18 (3) geological work performed exclusively in exploring 20-19 for and developing energy resources, base metals, precious and 20-20 nonprecious minerals, including sand, gravel, and aggregate, that 20-21 does not have a substantial impact on the public health and safety 20-22 as determined by rules adopted by the board, or require the 20-23 submission of reports or documents to public agencies as provided 20-24 by Sections 15(d) and 29(b) of this Act; 20-25 (4) geologic research conducted through an academic 20-26 institution, a state or federal governmental agency, a nonprofit 20-27 research institution, or a for-profit organization that includes 21-1 submitting a report on the research to a public agency unless the 21-2 work is covered by Section 15(d) of this Act; 21-3 (5) teaching geology or a related physical or natural 21-4 science except for teaching in a specialty of geology that affects 21-5 the public health or safety; 21-6 (6) the acquisition of engineering data involving 21-7 soil, rock, groundwater, and other earth materials, evaluating the 21-8 physical and chemical properties of soil, rock, groundwater, and 21-9 other earth materials, and using the data analysis, design, and 21-10 construction by a professional engineer registered in this state 21-11 and similar geological work performed by a person or organization 21-12 licensed or registered in a profession or occupation related to 21-13 geology if the work is permitted under the applicable licensing or 21-14 registration law and is incidental to the practice of the 21-15 profession or occupation for which the license or registration is 21-16 required; 21-17 (7) work customarily performed by a physical or 21-18 natural scientist including a chemist, an archaeologist, a 21-19 geographer, an oceanographer, a geophysicist, a pedologist, and a 21-20 soil scientist if the work does not include the design and 21-21 execution of a geologic investigation or involve the scientist 21-22 being in responsible charge of geologic or specialty geologic work 21-23 or require drawing geologic conclusions or making recommendations 21-24 that significantly affect the public health, safety, or welfare; 21-25 and 21-26 (8) testifying or preparing and presenting an exhibit 21-27 or document for the sole purpose of being placed in evidence before 22-1 an administrative or judicial tribunal or hearing, if the 22-2 testimony, exhibit, or document does not imply that the person is 22-3 registered under this Act. 22-4 (b) This Act does not permit the practice of engineering by 22-5 a geologist or a specialty geologist unless the practice is 22-6 incidental to the practice of geology or the certified specialty 22-7 and does not include the design of an engineered structure. 22-8 SECTION 31. PRACTICE OF GEOLOGY BY FIRM OR CORPORATION. (a) 22-9 A firm or corporation may not engage in the public practice of 22-10 geology or a specialty of geology, except for: 22-11 (1) geologic work performed by or under the 22-12 supervision of a geologist registered to practice geology or 22-13 certified in a specialty of geology who is in responsible charge of 22-14 the work and who signs and seals all documents as required by this 22-15 Act; and 22-16 (2) a firm or corporation the principal business of 22-17 which is the public practice of geology as determined by board rule 22-18 if a principal of the firm or an officer or director of the 22-19 corporation is registered as a geologist and has overall 22-20 supervision and control of the geological work performed in this 22-21 state. 22-22 (b) A firm or corporation permitted to engage in the public 22-23 practice of geology or a specialty of geology is subject to the 22-24 rules of the board that pertain to the practice of geology or a 22-25 specialty of geology by a firm or corporation. 22-26 (c) Except as provided by this section, a person, firm, or 22-27 corporation may not hold out to the public that the person, firm, 23-1 or corporation is a geologist, board certified in a specialty of 23-2 geology, or able to perform geological services or prepare a report 23-3 or other document that requires the signature and seal of a 23-4 registrant under Sections 15(d) and 29(b) of this Act. 23-5 SECTION 32. DISCIPLINE AND ENFORCEMENT. (a) The board may 23-6 take the following disciplinary actions: 23-7 (1) deny renewal of a certificate of registration; 23-8 (2) permanently revoke the certificate of registration 23-9 of a registration holder; 23-10 (3) suspend the certificate of registration of a 23-11 registration holder for a specified time, not to exceed three 23-12 years, to take effect immediately notwithstanding an appeal if the 23-13 board determines that the registration holder's continued practice 23-14 constitutes an imminent danger to the public health, welfare, and 23-15 safety; 23-16 (4) issue a public or private reprimand to an 23-17 applicant, a registration holder, or a person, firm, or corporation 23-18 practicing geology under this Act; 23-19 (5) impose limitations, conditions, or restrictions on 23-20 the practice of an applicant, a registration holder, or a person, 23-21 firm, or corporation practicing geology under this Act; 23-22 (6) require that a registration holder participate in 23-23 a peer review program under rules adopted by the board; 23-24 (7) require that a registration holder obtain remedial 23-25 education and training as prescribed by the board; 23-26 (8) impose probation on a registration holder 23-27 requiring regular reporting to the board; 24-1 (9) require restitution, in whole or in part, of 24-2 compensation or fees earned by a registration holder or a person, 24-3 firm, or corporation practicing geology under this Act; and 24-4 (10) impose a civil penalty not to exceed $5,000 for 24-5 each violation of this Act or a rule adopted under this Act. 24-6 (b) The board may impose appropriate sanctions for: 24-7 (1) the practice of any fraud or deceit in obtaining 24-8 certification from an organization described in Section 11(i) of 24-9 this Act or in obtaining a certificate of registration as a 24-10 geologist or in a specialty of geology; 24-11 (2) incompetency, misconduct, fraud, gross negligence, 24-12 or repeated incidents of negligence in the public practice of 24-13 geology; 24-14 (3) conviction of a felony or a crime involving moral 24-15 turpitude; 24-16 (4) the imposition of an administrative, civil, or 24-17 criminal fine, or the imposition of a sentence of imprisonment or 24-18 probation instead of a fine for a misdemeanor relating to or 24-19 arising out of the public practice of geology; 24-20 (5) the issuance of a cease and desist order or a 24-21 similar sanction relating to or arising out of the public practice 24-22 of geology; 24-23 (6) using the seal of another person or using or 24-24 allowing the use of the registration holder's seal on geologic work 24-25 not performed by or under the supervision of the registration 24-26 holder; 24-27 (7) aiding or abetting a person in the violation of 25-1 this Act; 25-2 (8) the revocation or suspension of a certificate of 25-3 registration, the denial of renewal of a certificate of 25-4 registration, or other disciplinary action taken by a state agency, 25-5 board of registration, or a similar licensing agency for geologists 25-6 or a profession or occupation related to the public practice of 25-7 geology; however, the sanction imposed by the board under this 25-8 subdivision may not exceed in severity or duration the sanction on 25-9 which the action is based; 25-10 (9) a mental or physical disability, including a 25-11 dependence on or addiction to alcohol or a legal or illegal drug, 25-12 that substantially interferes with the individual's ability to 25-13 assume the responsible charge of and responsibility for geological 25-14 work; however, a sanction imposed under this subdivision may not 25-15 violate a state or federal law relating to the rights of a person 25-16 with a disability; 25-17 (10) practicing or offering to practice geology or 25-18 holding out to the public that the person or the person's firm or 25-19 corporation is registered or qualified to practice geology when the 25-20 person is not registered under this Act or the person's firm or 25-21 corporation does not employ a registered geologist as required by 25-22 this Act; 25-23 (11) practicing or offering to practice a specialty of 25-24 geology recognized by the board or holding out to the public that 25-25 the person or the person's firm or corporation is certified in or 25-26 qualified to practice a specialty of geology when the person is not 25-27 certified in that specialty under this Act or the person's firm or 26-1 corporation does not employ a geologist certified in that specialty 26-2 to be in responsible charge of the specialty work as required by 26-3 this Act; or 26-4 (12) violating this Act, a rule adopted under this 26-5 Act, including the code of professional conduct, or a comparable 26-6 provision of the laws or rules regulating the practice of geology 26-7 in another state or country. 26-8 SECTION 33. COMPLAINTS; INVESTIGATION. (a) A person may 26-9 bring a complaint alleging a violation of this Act or a rule 26-10 adopted under this Act. 26-11 (b) The board shall investigate all complaints brought to 26-12 its attention and may employ investigators, expert witnesses, and 26-13 hearing officers, appoint advisory committees, and conduct hearings 26-14 to determine whether disciplinary or other action should be taken. 26-15 (c) A complaint must be made in writing, be sworn to by the 26-16 person making the complaint, and be filed with the board's 26-17 secretary. 26-18 (d) A person who reports or provides information to the 26-19 board in good faith is not subject to an action for civil damages. 26-20 (e) The board, on its own motion and on a finding of 26-21 probable cause following its investigation, may direct the 26-22 secretary to file a verified complaint charging a person with a 26-23 violation of this Act or a rule adopted under this Act. The board 26-24 shall hear all charges, except for a charge that the board 26-25 determines to be unfounded or unsupported by the evidence 26-26 submitted. 26-27 SECTION 34. REPORT OF DISCIPLINARY ACTION. (a) The board 27-1 shall report disciplinary actions taken by the board to appropriate 27-2 regulatory officials in this state, to any other registration or 27-3 licensing board or organization acting on behalf of a registration 27-4 or licensing board in another state, or to an appropriate state or 27-5 federal law enforcement agency if the board determines that a 27-6 violation of laws enforced by the agency receiving the report may 27-7 have occurred. 27-8 (b) The board shall report a disciplinary action taken by 27-9 the board to appropriate law enforcement authorities if the board 27-10 believes that the violation prompting the disciplinary action 27-11 constitutes a criminal offense. 27-12 (c) The records of the board's disciplinary actions may be 27-13 released by the board to a law enforcement agency or a licensing or 27-14 registration board in this state or another state on written 27-15 request. 27-16 (d) The board shall issue public notice of all suspensions 27-17 and revocations of certificates of registration, including a 27-18 suspension, surrender of a certificate, or a revocation obtained 27-19 informally or by consent, in an annual report or another 27-20 publication selected by the board. A report under this subsection 27-21 may not include an expiration or revocation of a registration based 27-22 solely on the failure of the registration holder to renew the 27-23 certificate or to pay an applicable fee. 27-24 SECTION 35. APPEAL. A person aggrieved by a final decision 27-25 or action of the board imposing a sanction under this Act may 27-26 appeal the board's decision or action in a court of competent 27-27 jurisdiction. 28-1 SECTION 36. REISSUANCE OF REGISTRATION. (a) The board may 28-2 reissue a certificate of registration that was revoked on written 28-3 application to the board made after the third anniversary of the 28-4 date of the revocation. The applicant must show good cause to 28-5 justify the reissuance of the registration. 28-6 (b) The board shall reissue a certificate of registration 28-7 that was suspended on the date the suspension period expires. The 28-8 board may impose reasonable conditions or limitations in connection 28-9 with the reissuance of a registration that has been suspended. 28-10 SECTION 37. OFFENSE. (a) A person commits an offense if 28-11 the person: 28-12 (1) practices, offers, or attempts to practice geology 28-13 or a specialty of geology without being registered as required by 28-14 this Act; 28-15 (2) uses the term "Registered Geologist", the initials 28-16 "R.G.", or claims a specialty in geology as a professional, 28-17 business, or commercial identification or title or otherwise holds 28-18 out to the public that the person is registered to practice geology 28-19 or a specialty of geology without being registered as required by 28-20 this Act; 28-21 (3) alters or revises a document, map, or other 28-22 geologic work signed or sealed by a registered geologist unless the 28-23 alteration or revision is signed and sealed by a registered 28-24 geologist; 28-25 (4) changes or alters the name or seal of another 28-26 registered geologist on any document, map, or other geologic work; 28-27 (5) impersonates a registered geologist or presents or 29-1 attempts to use the certificate of registration or the seal of 29-2 another registered geologist as the person's own certificate of 29-3 registration or seal; 29-4 (6) gives false or forged evidence to the board or to 29-5 a member of the board in an attempt to obtain a certificate of 29-6 registration; 29-7 (7) uses a seal or signs a document under a 29-8 certificate of registration that is expired or has been suspended 29-9 or revoked; 29-10 (8) manages, owns, or operates a place of business 29-11 where public geological work or specialty work that is not exempt 29-12 from registration under this Act is offered or performed for others 29-13 without the work being supervised or performed by a registered 29-14 geologist or a geologist certified in a specialty of geology; 29-15 (9) uses public geologic work performed by another 29-16 person for a purpose that violates this Act; or 29-17 (10) otherwise violates this Act or a rule adopted by 29-18 the board under this Act. 29-19 (b) An offense under this section is a Class A misdemeanor. 29-20 SECTION 38. TRANSITION. (a) An applicant who applies for 29-21 registration under this Act before September 1, 1994, may be 29-22 qualified for registration without written examination if the 29-23 applicant has: 29-24 (1) graduated from an accredited institution of higher 29-25 education acceptable to the board with a bachelor of science or 29-26 bachelor of arts or higher degree and a major in geology or 29-27 geoscience; or 30-1 (2) graduated from an accredited institution of higher 30-2 education in a four-year academic degree program other than geology 30-3 or geoscience, but has completed the required number of course 30-4 hours to qualify as a geologist or in a specialty of geology and 30-5 has experience consisting of not less than six years of 30-6 professional practice in geology acceptable to the board completed 30-7 before the date of application for registration under this section. 30-8 (b) An applicant for certification in a specialty who 30-9 applies before the first anniversary of the date the board 30-10 officially recognizes the specialty under this Act may be qualified 30-11 for certification in that specialty without written examination if 30-12 the applicant: 30-13 (1) is registered under this Act as a geologist in 30-14 this state; and 30-15 (2) has experience consisting of not less than six 30-16 years of professional practice acceptable to the board in the 30-17 applicable specialty of geology completed before the date of 30-18 application for certification in a specialty under this section. 30-19 (c) An initial member of the board who is required to be a 30-20 registered geologist must be qualified for registration or 30-21 certification under Subsections (a) and (b) of this section. 30-22 (d) The governor shall make the initial appointments to the 30-23 board before November 1, 1993. The board shall hold its first 30-24 meeting before January 1, 1994. The initial appointments to the 30-25 board shall be made as follows: 30-26 (1) three members shall be appointed for terms 30-27 expiring in 1995; 31-1 (2) three members shall be appointed for terms 31-2 expiring in 1997; and 31-3 (3) three members shall be appointed for terms 31-4 expiring in 1999. 31-5 (e) The board may use the Council of Professional Geological 31-6 Organizations, Suggested Geologist Practice Act of 1993, as a guide 31-7 in adopting rules under this Act. 31-8 (f) The board shall adopt rules under this Act not later 31-9 than November 30, 1993. 31-10 (g) A person is not required to obtain a license under this 31-11 Act until January 1, 1994. 31-12 SECTION 39. EFFECTIVE DATE. This Act takes effect September 31-13 1, 1993, except that Sections 15 and 37 take effect January 1, 31-14 1994. 31-15 SECTION 40. EMERGENCY. The importance of this legislation 31-16 and the crowded condition of the calendars in both houses create an 31-17 emergency and an imperative public necessity that the 31-18 constitutional rule requiring bills to be read on three several 31-19 days in each house be suspended, and this rule is hereby suspended.