73R9206 SMH-F
By Chisum H.B. No. 1221
Substitute the following for H.B. No. 1221:
By ____________________ C.S.H.B. No. 1221
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of geologists and geophysicists;
1-3 providing a civil and 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 and Geophysicist Registration Act.
1-7 SECTION 2. PURPOSE. In order to safeguard the life, health,
1-8 and property of the citizens of this state, to promote the public
1-9 welfare, and to protect the environment, the public practice of
1-10 geology and geophysics in this state is declared to be subject to
1-11 regulation in the public interest.
1-12 SECTION 3. DEFINITIONS. In this Act:
1-13 (1) "Board" means the Board of Registration for
1-14 Geologists and Geophysicists.
1-15 (2) "Board certified specialty geologist" means a
1-16 registered geologist who has met the academic and experience
1-17 qualifications in a specialty of geology established under this Act
1-18 and has been certified in that specialty by the board.
1-19 (3) "Board certified specialty geophysicist" means a
1-20 registered geophysicist who has met the academic and experience
1-21 qualifications in a specialty of geophysics established under this
1-22 Act and has been certified in that specialty by the board.
1-23 (4) "Certified geologist" means a geologist who has
2-1 been certified by a professional geological organization, society,
2-2 or association that has certification requirements that have been
2-3 recognized by the board as provided by this Act, including the
2-4 American Association of Petroleum Geologists, the American
2-5 Institute of Professional Geologists, and the Society of
2-6 Independent Professional Earth Scientists.
2-7 (5) "Certified geophysicist" means a geophysicist who
2-8 has been certified by a professional geophysical organization,
2-9 society, or association that has certification requirements that
2-10 have been recognized by the board.
2-11 (6) "Geological subordinate" means a person who
2-12 assists in the practice of geology or an exempt person in the
2-13 practice of geology without assuming the responsible charge of the
2-14 work.
2-15 (7) "Geologist" means a person qualified to engage in
2-16 the practice of geology by reason of the person's knowledge of
2-17 geology, mathematics, and the supporting physical and life
2-18 sciences, acquired through education and practical experience.
2-19 (8) "Geology" means the science of the treatment of
2-20 the earth and its origin and history, the investigation of the
2-21 earth's constituent rocks, minerals, fossil fuels, solids, and
2-22 fluids including surface and underground waters, gases, and other
2-23 materials, and the study of the natural agents, forces, and
2-24 processes that cause changes in and on the earth.
2-25 (9) "Geophysical subordinate" means a person who
3-1 assists in the practice of geophysics or an exempt person in the
3-2 practice of geophysics without assuming the responsible charge of
3-3 the work.
3-4 (10) "Geophysicist" means a person qualified to engage
3-5 in the practice of geophysics by reason of the person's knowledge
3-6 of geophysics, mathematics, physics, and the supporting physical
3-7 and life sciences, acquired through education and practical
3-8 experience.
3-9 (11) "Geophysics" means the science of the study of
3-10 the physical earth by means of measuring its natural and induced
3-11 fields of force, including electricity, gravity, and magnetism, and
3-12 its responses to natural and induced energy and the interpretation
3-13 of these measurements, and relating these measurements to the
3-14 physics of the earth.
3-15 (12) "Public practice of geology" means the
3-16 performance before the public of geological services or work
3-17 including consulting, investigating, evaluating, planning,
3-18 surveying, mapping, and inspecting geological work, and the
3-19 responsible supervision of those tasks.
3-20 (13) "Public practice of geophysics" means the
3-21 performance before the public of geophysical services or work,
3-22 including consulting, investigating, evaluating, planning,
3-23 surveying, mapping, and inspecting geophysical work, and the
3-24 responsible supervision of those tasks.
3-25 (14) "Registered geologist" means a geologist who has
4-1 met the academic and experience qualifications of this Act and who
4-2 has been issued a certificate of registration as a registered
4-3 geologist by the board.
4-4 (15) "Registered geophysicist" means a geophysicist
4-5 who has met the academic and experience requirements of this Act
4-6 and who has been issued a certificate of registration as a
4-7 registered geophysicist by the board.
4-8 (16) "Responsible charge" means the independent
4-9 control and direction of geological or geophysical work or the
4-10 supervision of geological or geophysical work by the use of
4-11 initiative, skill, and independent judgment.
4-12 (17) "Specialty" means a branch of geology or
4-13 geophysics that has been recognized by the board for specialty
4-14 certification.
4-15 (18) "Practice of specialty geology" means the
4-16 performance before the public of geological services or work
4-17 including consulting, investigating, evaluating, planning,
4-18 surveying, mapping, and inspecting geological work and the
4-19 responsible supervision of those tasks in the commonly recognized
4-20 geologic practices of engineering geology, hydrogeology, and
4-21 environmental geology.
4-22 (19) "Practice of specialty geophysics" means the
4-23 performance before the public of geophysical services or work
4-24 including consulting, investigating, evaluating, planning,
4-25 surveying, mapping, and inspecting geophysical work and the
5-1 responsible supervision of those tasks in the commonly recognized
5-2 geophysical practices of engineering geophysics, ground water
5-3 geophysics, and environmental geophysics.
5-4 SECTION 4. BOARD OF REGISTRATION FOR GEOLOGISTS AND
5-5 GEOPHYSICISTS. (a) The Board of Registration for Geologists and
5-6 Geophysicists is created to administer the provisions of this Act.
5-7 (b) The board is composed of 10 members, nine of whom are
5-8 appointed by the governor with the advice and consent of the senate
5-9 and one of whom is a permanent member and is the director of the
5-10 Bureau of Economic Geology of The University of Texas at Austin.
5-11 (c) Five of the appointed members of the board must be
5-12 geologists registered under this Act, two of whom must be board
5-13 certified in a specialty of geology recognized under this Act. Two
5-14 of the appointed members of the board must be geophysicists
5-15 registered under this Act, one of whom must be board certified in a
5-16 specialty of geophysics recognized under this Act. To the extent
5-17 possible, the composition of the appointed geologists and
5-18 geophysicists serving on the board must be representative of the
5-19 occupational distribution of geologists and geophysicists
5-20 registered under this Act.
5-21 (d) Two members of the board must be members of the general
5-22 public with no family or business connection with the practice of
5-23 geology or geophysics.
5-24 (e) A member of the board must be a citizen of the United
5-25 States, must have been a resident of this state for at least three
6-1 years preceding appointment, and must be at least 25 years of age.
6-2 Members of the board appointed by the governor serve staggered
6-3 six-year terms with the terms of three members expiring February 1
6-4 of each odd-numbered year.
6-5 (f) An appointed member of the board may not serve more than
6-6 two consecutive full terms.
6-7 SECTION 5. REMOVAL FROM BOARD. It is a ground for removal
6-8 from the board if:
6-9 (1) the member is no longer qualified for appointment
6-10 to the board;
6-11 (2) the member engages in misconduct, is determined to
6-12 be incompetent, neglects the member's official duties, or engages
6-13 in malfeasance;
6-14 (3) the member commits a felony or a violation of this
6-15 Act resulting in disciplinary action;
6-16 (4) the member fails without excuse to attend at least
6-17 half of the regularly scheduled meetings held in a calendar year
6-18 while the member is a member of the board; or
6-19 (5) other good and sufficient cause for removal
6-20 exists.
6-21 SECTION 6. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
6-22 board is subject to the open meetings law, Chapter 271, Acts of the
6-23 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
6-24 Texas Civil Statutes) and its subsequent amendments, and the
6-25 Administrative Procedure and Texas Register Act (Article 6252-13a,
7-1 Vernon's Texas Civil Statutes) and its subsequent amendments.
7-2 SECTION 7. VACANCY. If a vacancy on the board occurs, the
7-3 governor shall appoint a member to fill the unexpired term as
7-4 provided by this Act.
7-5 SECTION 8. COMPENSATION. A member of the board is entitled
7-6 to a per diem as set by the legislature for each day that the
7-7 member engages in the business of the board. A member of the board
7-8 is entitled to reimbursement for transportation and other expenses
7-9 incurred in connection with the business of the board.
7-10 SECTION 9. IMMUNITY FROM CIVIL LIABILITY. A member or
7-11 former member of the board or an agent, employee, or member of an
7-12 advisory committee appointed by the board under this Act is immune
7-13 from civil liability for any act or omission that occurred in the
7-14 person's official capacity. The attorney general shall defend a
7-15 person immune under this section in an action brought against the
7-16 board or the person for an alleged act or omission by the person.
7-17 SECTION 10. MEETINGS; OFFICERS OF BOARD. (a) The board
7-18 shall hold two or more regular meetings in each calendar year. A
7-19 special meeting may be held at a time permitted by rule of the
7-20 board.
7-21 (b) The board shall elect annually from its own membership a
7-22 chair, vice-chair, and secretary-treasurer, none of whom may hold
7-23 office for more than two consecutive one-year terms. The board may
7-24 appoint an assistant secretary and other assistant officers who are
7-25 not members of the board to assist the board and exercise its
8-1 authority in carrying out its duties and responsibilities.
8-2 (c) A majority of the board constitutes a quorum.
8-3 (d) Minutes of each meeting of the board, recording the
8-4 members present and the business conducted, shall be signed and
8-5 kept by the secretary-treasurer or an assistant secretary appointed
8-6 by the board.
8-7 SECTION 11. POWERS AND DUTIES OF BOARD. (a) The board may:
8-8 (1) adopt and enforce rules consistent with this Act
8-9 and necessary for the performance of its duties;
8-10 (2) set reasonable and necessary fees to be charged
8-11 applicants and registrants under this Act; and
8-12 (3) recognize and establish specialty branches of
8-13 geologic and geophysical practice, and establish qualifications,
8-14 conduct examinations, and certify specialties for qualified
8-15 applicants.
8-16 (b) The board may prepare, administer, and grade oral and
8-17 written examinations required or permitted under this Act. The
8-18 board may adopt or recognize, in part or in whole, examinations
8-19 prepared, administered, or graded by other organizations, on a
8-20 regional or national basis, that the board determines appropriate
8-21 to measure the qualifications of an applicant for registration as a
8-22 geologist or geophysicist or in a specialty of geology or
8-23 geophysics if:
8-24 (1) the examination questions, the correct answers,
8-25 and an individual applicant's completed examination are available
9-1 to the board; and
9-2 (2) the board retains the authority to determine a
9-3 passing grade for registration in this state.
9-4 (c) The board shall issue and renew certificates of
9-5 registration as provided by this Act. As a condition for renewal
9-6 of a registration, the board may require, in general or in
9-7 individual cases, evidence of a renewal applicant's competence in
9-8 the practice of geology or geophysics through a review of the
9-9 applicant's qualifications and experience, by requiring continuing
9-10 professional education, by conducting a reexamination on a periodic
9-11 or other basis, or by other appropriate means.
9-12 (d) The board, by rule, shall adopt a code of professional
9-13 conduct that is binding on all registrants under this Act. The
9-14 board may enforce the code by imposing sanctions as provided by
9-15 this Act.
9-16 (e) The board shall investigate all complaints of violations
9-17 of this Act as provided by this Act.
9-18 (f) The board may refuse to issue or renew or may suspend or
9-19 revoke a certificate of registration and may impose sanctions
9-20 including restrictions on the practice of a registrant or a person,
9-21 firm, or corporation practicing under this Act for a violation of
9-22 this Act or a rule adopted under this Act.
9-23 (g) The board may administer oaths and affirmations and
9-24 issue subpoenas to compel the attendance of witnesses and the
9-25 production of evidence.
10-1 (h) The board may issue cease and desist orders and seek
10-2 injunctions against a violation of this Act or a rule adopted under
10-3 this Act.
10-4 (i) The board, by rule, shall recognize the use of the
10-5 designations "Certified Professional Geologist" or "C.P.G." as used
10-6 by the American Institute of Professional Geologists, "Certified
10-7 Petroleum Geologist" or "C.P.G." as used by the American
10-8 Association of Petroleum Geologists, and the use of the designation
10-9 "Certified Geologist" or "Certified Geophysicist" or any similar
10-10 designation used by a professional geological or geophysical
10-11 organization, society, or association recognized by the board, if:
10-12 (1) the organization, society, or association's
10-13 requirements for certification are comparable to the educational
10-14 and experience requirements of this Act and are otherwise
10-15 acceptable to the board;
10-16 (2) the full name or recognized abbreviation of the
10-17 organization granting the certification is stated following or in
10-18 conjunction with the use of the designation or abbreviation; and
10-19 (3) the designation or abbreviation is not used in a
10-20 manner that is misleading or that creates an impression that the
10-21 person is licensed to practice geology or geophysics before the
10-22 public unless the person is registered under this Act.
10-23 (j) The board, by rule, shall recognize the use of the
10-24 designations "geological engineer," "geological engineering,"
10-25 "geotechnical engineer," "geotechnical engineering," "hydraulic
11-1 engineer," "hydraulic engineering," or any other engineering title
11-2 by a person registered or licensed as a professional engineer in
11-3 this state as a legitimate engineering title separate from geology
11-4 or geophysics or a specialty of geology or geophysics.
11-5 (k) The board may enter into agreements with boards of
11-6 registration in other states and other appropriate organizations
11-7 and agencies to develop uniform standards for:
11-8 (1) the registration of geologists and geophysicists;
11-9 (2) accrediting educational programs;
11-10 (3) establishing reciprocity and temporary
11-11 registrations;
11-12 (4) developing regional or national examinations;
11-13 (5) evaluating applicants; and
11-14 (6) other purposes consistent with this Act.
11-15 (l) The board may appoint committees, employ personnel,
11-16 employ contractors and consultants, lease or purchase furnishings,
11-17 equipment, and supplies, lease office space, and incur other
11-18 similar expenses in connection with the administration of this Act.
11-19 (m) The board shall establish a standing subcommittee to
11-20 work cooperatively on a joint and equal basis with a counterpart
11-21 subcommittee appointed by the State Board of Registration for
11-22 Professional Engineers to hear and resolve complaints involving
11-23 overlap in professional practice between registered geologists and
11-24 geophysicists and registered professional engineers. On receipt of
11-25 a written request from the chairman of either board, the
12-1 subcommittees shall meet and act as a joint subcommittee. If the
12-2 joint subcommittee is unable to resolve a dispute, the joint
12-3 subcommittee shall ask a neutral representative from the attorney
12-4 general's staff to serve as a voting member of the joint
12-5 subcommittee to resolve the dispute.
12-6 SECTION 12. EXECUTIVE DIRECTOR; OFFICES. (a) The board
12-7 shall appoint an executive director, who shall be responsible for
12-8 managing the day-to-day affairs of the board, including:
12-9 (1) arranging for and supervising the necessary
12-10 support, secretarial, and clerical services;
12-11 (2) obtaining space for holding examinations,
12-12 meetings, and conferences;
12-13 (3) printing or purchasing examinations;
12-14 (4) printing and mailing forms, information, and
12-15 certificates;
12-16 (5) sending notices, collecting fees, and issuing
12-17 receipts;
12-18 (6) conducting the correspondence of the board
12-19 including replying to routine requests for information;
12-20 (7) maintaining the minutes and records of the board;
12-21 (8) keeping records of receipts and disbursements; and
12-22 (9) providing necessary investigative services.
12-23 (b) The board shall maintain an official office and address
12-24 within the city of Austin to conduct its business.
12-25 SECTION 13. RECEIPTS AND DISBURSEMENTS; FUND. (a) The
13-1 executive director shall receive, administer, and account for all
13-2 money received under this Act, and shall transfer the funds to the
13-3 state treasurer.
13-4 (b) All funds paid to the board under this Act shall be
13-5 deposited in a special fund, known as the "geologists and
13-6 geophysicists fund." The geologists and geophysicists fund shall
13-7 be maintained in accordance with the accounting procedures of, and
13-8 shall be subject to audit by, the state treasurer. Interest earned
13-9 on money deposited in the geologists and geophysicists fund shall
13-10 be credited to the geologists and geophysicists fund.
13-11 (c) All expenses incurred by the board in the administration
13-12 and enforcement of this Act shall be paid from the geologists and
13-13 geophysicists fund.
13-14 (d) The executive director shall file an annual report of
13-15 all receipts, expenditures, and fund balances with the state
13-16 treasurer.
13-17 SECTION 14. ROSTER AND SPECIALTIES LIST. (a) The board
13-18 shall maintain a roster stating the name and place of business of
13-19 each registered geologist and geophysicist and board certified
13-20 specialty geologist and geophysicist practicing under a certificate
13-21 of registration issued by the board. Copies of the roster shall be
13-22 kept on file with the board and shall be furnished on request to a
13-23 state agency, county or municipal clerk or building official, and a
13-24 registration or certificate holder. A copy of the roster shall
13-25 also be furnished to any person on written request, subject to
14-1 payment of a reasonable fee set by the board and any applicable
14-2 state taxes.
14-3 (b) The board shall maintain a list of recognized
14-4 specialties of geology and geophysics in which certification is
14-5 recognized by the board under this Act and professional geological
14-6 and geophysical organizations, societies, and associations
14-7 recognized by the board.
14-8 (c) The board shall maintain a list of each state, territory
14-9 or possession of the United States, the District of Columbia, or
14-10 foreign country in which the requirements and qualifications for
14-11 registration are comparable to those established in this state and
14-12 with which a reciprocity agreement exists.
14-13 SECTION 15. REGISTRATION REQUIRED. (a) Unless exempted by
14-14 this Act, a person may not practice as a geologist or geophysicist
14-15 or engage in the practice of geology or geophysics or a specialty
14-16 of geology or geophysics without a certificate of registration
14-17 issued under this Act.
14-18 (b) A person may not use the term "registered geologist" or
14-19 "registered geophysicist," claim to have a specialty in geology or
14-20 geophysics as part of a professional, business, or commercial
14-21 identification or title, or otherwise hold out to the public that
14-22 the person is qualified to practice as a geologist or geophysicist
14-23 or to engage in the practice of geology or geophysics or a
14-24 specialty of geology or geophysics unless the person is registered
14-25 under this Act.
15-1 (c) A person may not prepare or supervise the preparation of
15-2 a geologic or geophysical report or a geologic or geophysical
15-3 portion of a report required by municipal or county ordinance,
15-4 state or federal law, state agency rule, or federal regulation that
15-5 incorporates or is based on a geologic or geophysical study or
15-6 geologic or geophysical data unless the person is registered as a
15-7 geologist or geophysicist under this Act.
15-8 (d) The state or a political subdivision of the state may
15-9 not contract for geological or geophysical services with a person
15-10 other than a person registered under this Act or with a business
15-11 entity other than a business entity that employs geologists or
15-12 geophysicists registered under this Act who shall be responsible
15-13 for the geological or geophysical work performed by the business
15-14 entity.
15-15 SECTION 16. APPLICATION REQUIREMENTS. (a) An applicant for
15-16 registration as a geologist or geophysicist, in a specialty of
15-17 geology or geophysics, or for temporary or reciprocal registration
15-18 must apply on a form prescribed by the board that is signed and
15-19 sworn to by the applicant before a notary public.
15-20 (b) An application must be accompanied by the appropriate
15-21 application fee and include:
15-22 (1) information concerning the applicant's education;
15-23 (2) a detailed summary of the applicant's geologic or
15-24 geophysical work experience, including work in a specialty in which
15-25 the applicant seeks certification;
16-1 (3) a signed statement that the applicant has read and
16-2 will comply with the code of professional conduct; and
16-3 (4) not fewer than five reference letters, of which
16-4 not fewer than three are from geologists or geophysicists having
16-5 personal knowledge of the applicant's geologic or geophysical
16-6 experience.
16-7 (c) An applicant must pay a fee for application,
16-8 examination, registration, and renewal of a certificate of
16-9 registration, in addition to any other fee required by the board.
16-10 SECTION 17. GEOLOGIST REGISTRATION REQUIREMENTS. To be
16-11 registered as a geologist, an applicant must:
16-12 (1) be of good moral and ethical character as attested
16-13 to by letters of reference submitted on behalf of the applicant or
16-14 as otherwise determined by the board;
16-15 (2) have graduated from a course of study in geology
16-16 or geoscience satisfactory to the board or from a program
16-17 accredited by an organization recognized by the board, of four or
16-18 more years duration including at least 30 semester or 45 quarter
16-19 hours of credit, with a major in geology or geoscience or a
16-20 geological specialty or have satisfactorily completed other
16-21 equivalent educational requirements as determined by the board;
16-22 (3) have a documented record of a minimum of four
16-23 years of satisfactory work experience in geology or a specialty of
16-24 geology obtained after completing the academic requirements of this
16-25 section that demonstrates that the applicant is qualified to
17-1 assume responsible charge for geologic work on registration as a
17-2 geologist, two years of which work experience may be required by
17-3 the board to have been gained under the supervision of a geologist
17-4 registered in this state or another state or gained under the
17-5 supervision of another person who, in the opinion of the board, is
17-6 qualified to have responsible charge of geological work;
17-7 (4) have passed an examination covering the
17-8 fundamentals and practice of geology required by the board; and
17-9 (5) meet other general or individual requirements
17-10 established by the board under this Act.
17-11 SECTION 18. GEOPHYSICIST REGISTRATION REQUIREMENTS. To be
17-12 registered as a geophysicist, an applicant must:
17-13 (1) be of good moral and ethical character as attested
17-14 to by letters of reference submitted on behalf of the applicant or
17-15 as otherwise determined by the board;
17-16 (2) have graduated from a course of study in
17-17 geophysics, geophysical science, or another discipline that in the
17-18 board's opinion is relevant to geophysics or from a program
17-19 accredited by an organization recognized by the board, of four or
17-20 more years duration including at least 30 semester or 45 quarter
17-21 hours of credit, with a major in geophysics or geoscience or a
17-22 geophysical specialty or have satisfactorily completed other
17-23 equivalent educational requirements as determined by the board;
17-24 (3) have a documented record of a minimum of four
17-25 years of satisfactory work experience in geophysics or a specialty
18-1 of geophysics obtained after completing the academic requirements
18-2 of this section that demonstrates that the applicant is qualified
18-3 to assume responsible charge for geophysical work on registration
18-4 as a geophysicist, two years of which work experience may be
18-5 required by the board to have been gained under the supervision of
18-6 a geophysicist registered in this state or another state or gained
18-7 under the supervision of another person who, in the opinion of the
18-8 board, is qualified to have responsible charge of geophysical work;
18-9 (4) have passed an examination covering the
18-10 fundamentals and practice of geophysics required by the board; and
18-11 (5) meet other general or individual requirements
18-12 established by the board under this Act.
18-13 SECTION 19. REQUIREMENTS FOR GEOLOGICAL OR GEOPHYSICAL
18-14 SPECIALTY CERTIFICATION. An applicant for certification in a
18-15 geological or geophysical specialty must meet the following
18-16 requirements in addition to meeting the requirements of Section 17
18-17 or 18 of this Act, as appropriate:
18-18 (1) successful completion of 12 semester or 16 quarter
18-19 hours of advanced study in the specialty at an academic institution
18-20 acceptable to the board or completion of an equivalent amount of
18-21 professional experience acceptable to the board;
18-22 (2) have experience including a documented record of
18-23 six or more years of experience with not less than four years in
18-24 the specialty after completing the academic requirements of this
18-25 section in geologic or geophysical work, as appropriate, of a
19-1 nature satisfactory to the board that demonstrates that the
19-2 applicant is qualified to assume responsible charge of the
19-3 specialty work on certification in the specialty and not less than
19-4 two years of the experience gained under the supervision of a
19-5 geologist or geophysicist certified in the specialty in this state
19-6 or another state or under the supervision of another person who the
19-7 board determines to be qualified to have responsible charge of
19-8 geological or geophysical work in the specialty or, as an
19-9 alternative to the two years of experience under the supervision of
19-10 a geologist or geophysicist certified in the specialty, the board
19-11 may accept three reference letters from board certified specialty
19-12 geologists or geophysicists in the specialty; and
19-13 (3) have passed an examination required by the board
19-14 in the specialty.
19-15 SECTION 20. QUALIFYING EXPERIENCE. The following standards
19-16 shall be applied in evaluating the experience of an applicant for
19-17 registration in the practice of geology or geophysics or for a
19-18 specialty certification under Sections 17, 18, and 19 of this Act:
19-19 (1) each year of professional practice acceptable to
19-20 the board, under the direct supervision of a geologist or
19-21 geophysicist, as appropriate, who is registered in this state or in
19-22 another state under requirements for registration that are
19-23 comparable to those in this Act or under the direct supervision of
19-24 a geologist or geophysicist, as appropriate, who meets the
19-25 educational and experience requirements for registration but is not
20-1 required to be registered under this Act constitutes one year of
20-2 professional experience in geology or geophysics;
20-3 (2) each year of professional specialty geology or
20-4 geophysical practice acceptable to the board under the direct
20-5 supervision of a specialty geologist or specialty geophysicist who
20-6 is registered in the specialty under this Act or who is registered
20-7 or certified as a specialty geologist or specialty geophysicist
20-8 under comparable requirements in another state, under a civil
20-9 engineer or geological engineer registered in this state or another
20-10 state, or under a specialty geologist or specialty geophysicist who
20-11 meets the educational and experience requirements for registration
20-12 but is not required to be registered under this Act constitutes
20-13 one year of practice in a specialty in geology or geophysics; and
20-14 (3) a year of experience in professional practice
20-15 acceptable to the board and acquired before September 1, 1994,
20-16 constitutes one year of experience in professional practice if the
20-17 experience:
20-18 (A) was acquired under the direct supervision of
20-19 a geologist or geophysicist, as appropriate, who meets the
20-20 educational and experience requirements for registration under this
20-21 Act or is registered under comparable requirements in another
20-22 state; or
20-23 (B) would constitute the responsible charge of
20-24 professional work in geology or geophysics, as appropriate, as
20-25 determined by the board.
21-1 SECTION 21. GRADUATE STUDY, RESEARCH, AND TEACHING
21-2 EXPERIENCE. (a) Each year of full-time graduate study in the
21-3 geological or geophysical sciences or in a specialty of geology or
21-4 geophysics that is acceptable to the board constitutes one year of
21-5 professional experience in geology or geophysics or the applicable
21-6 specialty of geology or geophysics. No more than two years of
21-7 full-time graduate study may be accepted by the board for
21-8 professional experience for a single applicant.
21-9 (b) The board may accept geological or geophysical research
21-10 or teaching by a person studying geology or geophysics or a
21-11 geological or geophysical specialty at the college or university
21-12 level as qualifying experience if the research or teaching, in the
21-13 judgment of the board, is comparable to experience obtained in the
21-14 practice of geology or geophysics or a specialty of geology or
21-15 geophysics.
21-16 SECTION 22. REGISTRATION WITHOUT EXAMINATION. (a) A person
21-17 holding a valid certificate of registration or license for the
21-18 practice of geology or geophysics or a recognized specialty of
21-19 geology or geophysics issued under the law of another state or a
21-20 territory or possession of the United States, the District of
21-21 Columbia, or a foreign country, is eligible for registration under
21-22 this Act without meeting the examination requirements of Sections
21-23 17(4), 18(4), and 19(3) of this Act.
21-24 (b) The board may issue a certificate of registration to an
21-25 applicant who provides proof of registration or licensure under
22-1 requirements that the board determines to be substantially similar
22-2 to those established by this Act and who pays the required fees.
22-3 SECTION 23. TEMPORARY REGISTRATION. A person who is not a
22-4 resident of this state and does not have an established place of
22-5 business in this state who seeks to practice geology or geophysics
22-6 in this state for a time not to exceed 90 days after the date of
22-7 registration or an applicant for reciprocal registration who seeks
22-8 to practice geology or geophysics pending a determination on the
22-9 reciprocity application may be issued a temporary registration
22-10 certificate authorizing temporary practice in this state if the
22-11 person:
22-12 (1) applies for temporary registration to the board,
22-13 provides proof of registration in another state, District of
22-14 Columbia, territory, possession, or foreign country, and pays the
22-15 required fees;
22-16 (2) agrees to comply with the signature requirements
22-17 of Section 30(b) of this Act and to affix the person's seal from
22-18 the jurisdiction where the person is registered or licensed on all
22-19 work completed while practicing under the temporary registration;
22-20 and
22-21 (3) files the required information and reports and
22-22 complies with other requirements established by the board
22-23 concerning the person's temporary practice.
22-24 SECTION 24. WAIVER OF REQUIREMENTS. (a) In an individual
22-25 case, the board may waive any of the requirements for registration
23-1 by a two-thirds vote of the entire board, except for the payment of
23-2 a required fee, on the written request of the applicant and on a
23-3 showing of good cause if the board determines that the applicant is
23-4 otherwise qualified for registration as a geologist or geophysicist
23-5 or in a specialty of geology or geophysics.
23-6 (b) The requirements waived under this section and the basis
23-7 for the waiver must be recorded in the applicant's record and in
23-8 the proceedings of the board.
23-9 SECTION 25. DENIAL OF REGISTRATION. (a) The board may deny
23-10 registration for an applicant who fails to satisfy a requirement of
23-11 this Act or on a determination by the board that there is probable
23-12 cause to believe that an applicant has violated this Act or a
23-13 provision the registrant would be subject to in this Act or a
23-14 comparable provision in the registration law of another state.
23-15 (b) The board may not issue a certificate of registration
23-16 pending the disposition of a complaint alleging a violation in this
23-17 or another state if the board has notice of the alleged violation.
23-18 (c) An applicant who is denied registration must be notified
23-19 of the reason for denial in writing not later than the 30th day
23-20 after the date of the board's decision. Not later than the 30th
23-21 day after the date of receipt of the notice, the applicant may make
23-22 a written request for a hearing. In the absence of a request for a
23-23 hearing, the board's action is final.
23-24 SECTION 26. CONTINUING EDUCATION. To renew a registration
23-25 as a geologist or geophysicist or certification as a specialty
24-1 geologist or geophysicist, an applicant for renewal must meet the
24-2 continuing education requirements for renewal established by the
24-3 board.
24-4 SECTION 27. CERTIFICATES AND SEALS. (a) The board shall
24-5 issue an appropriate certificate of registration to a registered
24-6 geologist or geophysicist and a specialty certification to an
24-7 applicant who meets the requirements of this Act for registration
24-8 as a geologist or geophysicist or for board certification in a
24-9 specialty of geology or geophysics on payment of the applicable
24-10 registration fee.
24-11 (b) The certificate must show the full name of the
24-12 registrant, have a serial number, and be signed by an appropriate
24-13 officer of the board under the board's seal.
24-14 (c) The issuance by the board of a certificate of
24-15 registration is prima facie evidence that while the certificate is
24-16 valid the person named on the certificate is entitled to all rights
24-17 and privileges of a registered geologist or geophysicist or a board
24-18 certified specialty geologist or geophysicist and is entitled to
24-19 practice geology or geophysics as a firm or corporation.
24-20 SECTION 28. REGISTRATION DURATION; EXPIRATION. (a) A
24-21 certificate of registration is valid for a period not to exceed
24-22 three years and expires according to a schedule established by the
24-23 board.
24-24 (b) The board shall notify each certificate holder of the
24-25 date of expiration of the person's certificate and the amount of
25-1 the fee required for renewal not later than the 60th day before the
25-2 date of expiration.
25-3 (c) On expiration, a certificate is invalid and may not be
25-4 renewed except as provided by this Act.
25-5 SECTION 29. REGISTRATION RENEWAL. (a) The board shall
25-6 renew or reissue a certificate of registration for a registrant who
25-7 before the expiration date of the certificate or within a period
25-8 not to exceed 60 days after the expiration as determined by the
25-9 board:
25-10 (1) submits the required renewal application and fee
25-11 and a penalty for late renewal if required; and
25-12 (2) meets the requirements for renewal established by
25-13 the board.
25-14 (b) The board, by rule, may establish conditions and fees
25-15 for the reissuance of certificates of registration that have
25-16 lapsed, expired, or been suspended or revoked.
25-17 (c) The board shall reissue a new certificate to replace any
25-18 certificate of registration that has been lost, destroyed, or
25-19 mutilated, subject to the rules and fees adopted by the board.
25-20 SECTION 30. REGISTRANT'S SEAL. (a) On registration, a
25-21 registrant must obtain a seal of a design established by the board
25-22 bearing the registrant's name, registration or certification
25-23 number, the words "Registered Geologist" or "Registered
25-24 Geophysicist," and words that indicate any specialty in which the
25-25 individual may be certified.
26-1 (b) Geologic and geophysical reports, documents, and other
26-2 records as defined by the board that are offered to the public and
26-3 prepared or issued by or under the supervision of a registered
26-4 geologist or geophysicist or by a subordinate under the supervision
26-5 of a registered geologist or geophysicist must include the full
26-6 name, signature, and registration number of the registrant who
26-7 prepared the document or under whose supervision it was prepared
26-8 and an impression of the registrant's seal in accordance with rules
26-9 adopted by the board. Documents that are required to be prepared
26-10 or issued by or under the direction of a geologist or geophysicist
26-11 certified in a specialty must be similarly signed and sealed.
26-12 SECTION 31. EXEMPTIONS. (a) The following activities do
26-13 not require registration under this Act:
26-14 (1) geological or geophysical work performed by an
26-15 employee or a subordinate of a registrant under this Act, if the
26-16 work does not include the responsible charge of geological or
26-17 geophysical work and is performed under the direct supervision of a
26-18 registered geologist or geophysicist who is responsible for the
26-19 work;
26-20 (2) geological or geophysical work performed by an
26-21 officer or employee of the United States practicing solely as such
26-22 an officer or employee;
26-23 (3) geological or geophysical work performed
26-24 exclusively in exploring for and developing energy resources, base
26-25 metals, precious and nonprecious minerals, including sand, gravel,
27-1 and aggregate, that does not have a substantial impact on the
27-2 public health and safety as determined by rules adopted by the
27-3 board, or require the submission of reports or documents to public
27-4 agencies as provided by Sections 15(c) and 30(b) of this Act;
27-5 (4) geologic or geophysical research conducted through
27-6 an academic institution, a state or federal governmental agency, a
27-7 nonprofit research institution, or a for-profit organization that
27-8 includes submitting a report on the research to a public agency
27-9 unless the work is covered by Section 15(c) of this Act;
27-10 (5) teaching geology or geophysics or a related
27-11 physical or natural science except for teaching an advanced course
27-12 in geology or geophysics that may be intended to qualify as a
27-13 course requirement for specialty certification;
27-14 (6) the acquisition of engineering data involving
27-15 soil, rock, groundwater, and other earth materials, evaluating the
27-16 physical and chemical properties of soil, rock, groundwater, and
27-17 other earth materials, and using the data analysis, design, and
27-18 construction by a professional engineer registered in this state
27-19 and similar geological or geophysical work performed by a person or
27-20 organization licensed or registered in a profession or occupation
27-21 related to geology or geophysics if the work is permitted under the
27-22 applicable licensing or registration law and is incidental to the
27-23 practice of the profession or occupation for which the license or
27-24 registration is required;
27-25 (7) work customarily performed by a physical or
28-1 natural scientist including a chemist, an archaeologist, a
28-2 geographer, an oceanographer, a geophysicist, a pedologist, and a
28-3 soil scientist if the work does not include the design and
28-4 execution of a geologic or geophysical investigation or involve the
28-5 scientist being in responsible charge of geologic or geophysical or
28-6 specialty geologic or geophysical work or require drawing geologic
28-7 or geophysical conclusions or making recommendations that
28-8 significantly affect the public health, safety, or welfare; and
28-9 (8) testifying or preparing and presenting an exhibit
28-10 or document for the sole purpose of being placed in evidence before
28-11 an administrative or judicial tribunal or hearing, if the
28-12 testimony, exhibit, or document does not imply that the person is
28-13 registered under this Act.
28-14 (b) This Act does not permit the practice of engineering by
28-15 a geologist or geophysicist or a specialty geologist or
28-16 geophysicist unless the practice is incidental to the practice of
28-17 geology or geophysics or the certified specialty and does not
28-18 include the design of an engineered structure.
28-19 SECTION 32. PRACTICE OF GEOLOGY OR GEOPHYSICS BY FIRM OR
28-20 CORPORATION. (a) A firm or corporation may not engage in the
28-21 public practice of geology or geophysics or a specialty of geology
28-22 or geophysics, except for:
28-23 (1) geologic or geophysical work performed by or under
28-24 the supervision of a geologist or geophysicist registered to
28-25 practice geology or geophysics or certified in an applicable
29-1 specialty of geology or geophysics who is in responsible charge of
29-2 the work and who signs and seals all documents as required by this
29-3 Act; and
29-4 (2) a firm or corporation the principal business of
29-5 which is the public practice of geology or geophysics as determined
29-6 by board rule if a principal of the firm or an officer or director
29-7 of the corporation is registered as a geologist or geophysicist and
29-8 has overall supervision and control of the geological or
29-9 geophysical work performed in this state.
29-10 (b) A firm or corporation permitted to engage in the public
29-11 practice of geology or geophysics or a specialty of geology or
29-12 geophysics is subject to the rules of the board that pertain to the
29-13 practice of geology or geophysics or a specialty of geology or
29-14 geophysics by a firm or corporation.
29-15 (c) Except as provided by this section, a person, firm, or
29-16 corporation may not hold out to the public that the person, firm,
29-17 or corporation is a registered geologist or registered
29-18 geophysicist, board certified in a specialty of geology or
29-19 geophysics, or able to perform geological or geophysical services
29-20 or prepare a report or other document that requires the signature
29-21 and seal of a registrant under Sections 15(c) and 30(b) of this
29-22 Act.
29-23 SECTION 33. DISCIPLINE AND ENFORCEMENT. (a) The board may
29-24 take the following disciplinary actions:
29-25 (1) deny renewal of a certificate of registration;
30-1 (2) permanently revoke the certificate of registration
30-2 of a registration holder;
30-3 (3) suspend the certificate of registration of a
30-4 registration holder for a specified time, not to exceed three
30-5 years, to take effect immediately notwithstanding an appeal if the
30-6 board determines that the registration holder's continued practice
30-7 constitutes an imminent danger to the public health, welfare, and
30-8 safety;
30-9 (4) issue a public or private reprimand to an
30-10 applicant, a registration holder, or a person, firm, or corporation
30-11 practicing geology or geophysics under this Act;
30-12 (5) impose limitations, conditions, or restrictions on
30-13 the practice of an applicant, a registration holder, or a person,
30-14 firm, or corporation practicing geology or geophysics under this
30-15 Act;
30-16 (6) require that a registration holder participate in
30-17 a peer review program under rules adopted by the board;
30-18 (7) require that a registration holder obtain remedial
30-19 education and training as prescribed by the board;
30-20 (8) impose probation on a registration holder
30-21 requiring regular reporting to the board;
30-22 (9) require restitution, in whole or in part, of
30-23 compensation or fees earned by a registration holder or a person,
30-24 firm, or corporation practicing geology or geophysics under this
30-25 Act; and
31-1 (10) impose a civil penalty not to exceed $5,000 for
31-2 each violation of this Act or a rule adopted under this Act.
31-3 (b) The board may impose appropriate sanctions for:
31-4 (1) the practice of any fraud or deceit in obtaining
31-5 certification from an organization described in Section 11(i) of
31-6 this Act or in obtaining a certificate of registration as a
31-7 geologist or geophysicist or in a specialty of geology or
31-8 geophysics;
31-9 (2) incompetency, misconduct, fraud, gross negligence,
31-10 or repeated incidents of negligence in the public practice of
31-11 geology or geophysics;
31-12 (3) conviction of a felony or a crime involving moral
31-13 turpitude;
31-14 (4) the imposition of an administrative, civil, or
31-15 criminal fine, or the imposition of a sentence of imprisonment or
31-16 probation instead of a fine for a misdemeanor relating to or
31-17 arising out of the public practice of geology or geophysics;
31-18 (5) the issuance of a cease and desist order or a
31-19 similar sanction relating to or arising out of the public practice
31-20 of geology or geophysics;
31-21 (6) using the seal of another person or using or
31-22 allowing the use of the registration holder's seal on geologic or
31-23 geophysical work not performed by or under the supervision of the
31-24 registration holder;
31-25 (7) aiding or abetting a person in the violation of
32-1 this Act;
32-2 (8) the revocation or suspension of a certificate of
32-3 registration, the denial of renewal of a certificate of
32-4 registration, or other disciplinary action taken by a state agency,
32-5 board of registration, or a similar licensing agency for geologists
32-6 or geophysicists or a profession or occupation related to the
32-7 public practice of geology or geophysics; however, the sanction
32-8 imposed by the board under this subdivision may not exceed in
32-9 severity or duration the sanction on which the action is based;
32-10 (9) a mental or physical disability, including a
32-11 dependence on or addiction to alcohol or a legal or illegal drug,
32-12 that substantially interferes with the individual's ability to
32-13 assume the responsible charge of and responsibility for geological
32-14 or geophysical work; however, a sanction imposed under this
32-15 subdivision may not violate a state or federal law relating to the
32-16 rights of a person with a disability;
32-17 (10) practicing or offering to practice geology or
32-18 geophysics or holding out to the public that the person or the
32-19 person's firm or corporation is registered or qualified to practice
32-20 geology or geophysics when the person is not registered under this
32-21 Act or the person's firm or corporation does not employ a
32-22 registered geologist or registered geophysicist as required by this
32-23 Act;
32-24 (11) practicing or offering to practice a specialty of
32-25 geology or geophysics recognized by the board or holding out to the
33-1 public that the person or the person's firm or corporation is
33-2 certified in or qualified to practice a specialty of geology or
33-3 geophysics when the person is not certified in that specialty under
33-4 this Act or the person's firm or corporation does not employ a
33-5 geologist or geophysicist certified in that specialty to be in
33-6 responsible charge of the specialty work as required by this Act;
33-7 or
33-8 (12) violating this Act, a rule adopted under this
33-9 Act, including the code of professional conduct, or a comparable
33-10 provision of the laws or rules regulating the practice of geology
33-11 or geophysics in another state or country.
33-12 SECTION 34. COMPLAINTS; INVESTIGATION. (a) A person may
33-13 bring a complaint alleging a violation of this Act or a rule
33-14 adopted under this Act.
33-15 (b) The board shall investigate all complaints brought to
33-16 its attention and may employ investigators, expert witnesses, and
33-17 hearing officers, appoint advisory committees, and conduct hearings
33-18 to determine whether disciplinary or other action should be taken.
33-19 (c) A complaint must be made in writing, be sworn to by the
33-20 person making the complaint, and be filed with the board's
33-21 secretary.
33-22 (d) A person who reports or provides information to the
33-23 board in good faith is not subject to an action for civil damages.
33-24 (e) The board, on its own motion and on a finding of
33-25 probable cause following its investigation, may direct the
34-1 secretary to file a verified complaint charging a person with a
34-2 violation of this Act or a rule adopted under this Act. The board
34-3 shall hear all charges, except for a charge that the board
34-4 determines to be unfounded or unsupported by the evidence
34-5 submitted.
34-6 SECTION 35. REPORT OF DISCIPLINARY ACTION. (a) The board
34-7 shall report disciplinary actions taken by the board to appropriate
34-8 regulatory officials in this state, to any other registration or
34-9 licensing board or organization acting on behalf of a registration
34-10 or licensing board in another state, or to an appropriate state or
34-11 federal law enforcement agency if the board determines that a
34-12 violation of laws enforced by the agency receiving the report may
34-13 have occurred.
34-14 (b) The board shall report a disciplinary action taken by
34-15 the board to appropriate law enforcement authorities if the board
34-16 believes that the violation prompting the disciplinary action
34-17 constitutes a criminal offense.
34-18 (c) The records of the board's disciplinary actions may be
34-19 released by the board to a law enforcement agency or a licensing or
34-20 registration board in this state or another state on written
34-21 request.
34-22 (d) The board shall issue public notice of all suspensions
34-23 and revocations of certificates of registration, including a
34-24 suspension, surrender of a certificate, or a revocation obtained
34-25 informally or by consent, in an annual report or another
35-1 publication selected by the board. A report under this subsection
35-2 may not include an expiration or revocation of a registration based
35-3 solely on the failure of the registration holder to renew the
35-4 certificate or to pay an applicable fee.
35-5 SECTION 36. APPEAL. A person aggrieved by a final decision
35-6 or action of the board imposing a sanction under this Act may
35-7 appeal the board's decision or action in a court of competent
35-8 jurisdiction.
35-9 SECTION 37. REISSUANCE OF REGISTRATION. (a) The board may
35-10 reissue a certificate of registration that was revoked on written
35-11 application to the board made after the third anniversary of the
35-12 date of the revocation. The applicant must show good cause to
35-13 justify the reissuance of the registration.
35-14 (b) The board shall reissue a certificate of registration
35-15 that was suspended on the date the suspension period expires. The
35-16 board may impose reasonable conditions or limitations in connection
35-17 with the reissuance of a registration that has been suspended.
35-18 SECTION 38. OFFENSE. (a) A person commits an offense if
35-19 the person:
35-20 (1) practices, offers, or attempts to practice geology
35-21 or geophysics or a specialty of geology or geophysics without being
35-22 registered as required by this Act;
35-23 (2) uses the term "Registered Geologist" or
35-24 "Registered Geophysicist," the initials "R.G.," or claims a
35-25 specialty in geology or geophysics as a professional, business, or
36-1 commercial identification or title or otherwise holds out to the
36-2 public that the person is registered to practice geology or
36-3 geophysics or a specialty of geology or geophysics without being
36-4 registered as required by this Act;
36-5 (3) alters or revises a document, map, or other
36-6 geologic or geophysical work signed or sealed by a registered
36-7 geologist or registered geophysicist unless the alteration or
36-8 revision is signed and sealed by a registered geologist or
36-9 registered geophysicist;
36-10 (4) changes or alters the name or seal of another
36-11 registered geologist or registered geophysicist on any document,
36-12 map, or other geologic or geophysical work;
36-13 (5) impersonates a registered geologist or registered
36-14 geophysicist or presents or attempts to use the certificate of
36-15 registration or the seal of another registered geologist or
36-16 registered geophysicist as the person's own certificate of
36-17 registration or seal;
36-18 (6) gives false or forged evidence to the board or to
36-19 a member of the board in an attempt to obtain a certificate of
36-20 registration;
36-21 (7) uses a seal or signs a document under a
36-22 certificate of registration that is expired or has been suspended
36-23 or revoked;
36-24 (8) manages, owns, or operates a place of business
36-25 where public geological or geophysical work or specialty work that
37-1 is not exempt from registration under this Act is offered or
37-2 performed for others without the work being supervised or performed
37-3 by a registered geologist or registered geophysicist or a geologist
37-4 or geophysicist certified in a specialty of geology or geophysics;
37-5 (9) uses public geologic or geophysical work performed
37-6 by another person for a purpose that violates this Act; or
37-7 (10) otherwise violates this Act or a rule adopted by
37-8 the board under this Act.
37-9 (b) An offense under this section is a Class A misdemeanor.
37-10 SECTION 39. TRANSITION. (a) An applicant who applies for
37-11 registration under this Act before September 1, 1994, may be
37-12 qualified for registration without written examination if the
37-13 applicant has:
37-14 (1) graduated from an accredited institution of higher
37-15 education acceptable to the board with a bachelor of science or
37-16 bachelor of arts or higher degree and a major in geology or
37-17 geoscience if the application is for certification as a geologist
37-18 or a major in geophysics, geophysical science, or another
37-19 discipline the board determines to be relevant to geophysics if the
37-20 application is for certification as a geophysicist; or
37-21 (2) graduated from an accredited institution of higher
37-22 education in a four-year academic degree program other than
37-23 geology, geoscience, or geophysics, as appropriate, but has
37-24 completed the required number of course hours to qualify as a
37-25 geologist or geophysicist or in a specialty of geology or
38-1 geophysics and has experience consisting of not less than six years
38-2 of professional practice in geology or geophysics, as appropriate,
38-3 acceptable to the board completed before the date of application
38-4 for registration under this section.
38-5 (b) An applicant for certification in a specialty who
38-6 applies before the first anniversary of the date the board
38-7 officially recognizes the specialty under this Act may be qualified
38-8 for certification in that specialty without written examination if
38-9 the applicant:
38-10 (1) is registered under this Act as a geologist or
38-11 geophysicist in this state; and
38-12 (2) has experience consisting of not less than six
38-13 years of professional practice acceptable to the board in the
38-14 applicable specialty of geology or geophysics completed before the
38-15 date of application for certification in a specialty under this
38-16 section.
38-17 (c) An initial member of the board who is required to be a
38-18 registered geologist or geophysicist must be qualified for
38-19 registration or certification under Subsections (a) and (b) of this
38-20 section.
38-21 (d) The governor shall make the initial appointments to the
38-22 board before November 1, 1993. The board shall hold its first
38-23 meeting before January 1, 1994. The initial appointments to the
38-24 board shall be made as follows:
38-25 (1) three members shall be appointed for terms
39-1 expiring in 1995;
39-2 (2) three members shall be appointed for terms
39-3 expiring in 1997; and
39-4 (3) three members shall be appointed for terms
39-5 expiring in 1999.
39-6 (e) The board may use the Council of Professional Geological
39-7 Organizations, Suggested Geologist Practice Act of 1993, with the
39-8 addition of appropriate provisions for the practice of geophysics
39-9 and its specialties, as a guide in adopting rules under this Act.
39-10 (f) The board shall adopt rules under this Act not later
39-11 than November 30, 1993.
39-12 (g) A person is not required to obtain a license under this
39-13 Act until January 1, 1994.
39-14 SECTION 40. EFFECTIVE DATE. This Act takes effect September
39-15 1, 1993, except that Sections 15 and 38 take effect January 1,
39-16 1994.
39-17 SECTION 41. EMERGENCY. The importance of this legislation
39-18 and the crowded condition of the calendars in both houses create an
39-19 emergency and an imperative public necessity that the
39-20 constitutional rule requiring bills to be read on three several
39-21 days in each house be suspended, and this rule is hereby suspended.