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.