1-1 By: Brown S.B. No. 486 1-2 (In the Senate - Filed February 6, 1997; February 11, 1997, 1-3 read first time and referred to Committee on State Affairs; 1-4 April 8, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 11, Nays 2; April 8, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 486 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the regulation of geologists, geophysicists, and soil 1-11 scientists; providing an administrative and a criminal penalty. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. SHORT TITLE. This Act may be cited as the 1-14 Geoscientist Licensing Act. 1-15 SECTION 2. PURPOSE. In order to safeguard the interests of 1-16 the citizens of this state, to promote the public welfare, and to 1-17 protect the environment, the public practice of geology, 1-18 geophysics, and soil science in this state is declared to be 1-19 subject to regulation in the public interest. 1-20 SECTION 3. DEFINITIONS. In this Act: 1-21 (1) "Board" means the Board of Licensure for 1-22 Geologists, Geophysicists, and Soil Scientists. 1-23 (2) "Board certified specialty geologist" means a 1-24 licensed professional geologist who has met the academic and 1-25 experience qualifications in a specialty of geology established 1-26 under this Act and has been certified in that specialty by the 1-27 board. 1-28 (3) "Board certified specialty geophysicist" means a 1-29 licensed professional geophysicist who has met the academic and 1-30 experience qualifications in a specialty of geophysics established 1-31 under this Act and has been certified in that specialty by the 1-32 board. 1-33 (4) "Board certified specialty soil scientist" means a 1-34 licensed professional soil scientist who has met the academic and 1-35 experience qualifications in a specialty of soil science 1-36 established under this Act and has been certified in that specialty 1-37 by the board. 1-38 (5) "Certified geologist" means a geologist who has 1-39 been certified by a professional geological organization, society, 1-40 or association that has certification requirements that have been 1-41 recognized by the board, including the American Association of 1-42 Petroleum Geologists (AAPG), the American Institute of Professional 1-43 Geologists (AIPG), and the Society of Independent Professional 1-44 Earth Scientists (SIPES). 1-45 (6) "Certified geophysicist" means a geophysicist who 1-46 has been certified by a professional geophysical organization, 1-47 society, or association that has certification requirements that 1-48 have been recognized by the board. 1-49 (7) "Certified soil scientist" means a soil scientist 1-50 who has been certified by a professional soil science organization, 1-51 society, or association that has certification requirements that 1-52 have been recognized by the board, including the Soil Science 1-53 Society of America and the American Registry of Certified 1-54 Professionals in Agronomy, Crops, and Soils (ARCPACS). 1-55 (8) "Geological subordinate" means a person who 1-56 assists in the practice of geology, or an exempt person practicing 1-57 geology, without assuming the responsible charge of the work. 1-58 (9) "Geologist" means a person qualified to engage in 1-59 the practice of geology by reason of the person's knowledge of 1-60 geology, mathematics, and the supporting physical and life 1-61 sciences, acquired through education and practical experience. 1-62 (10) "Geology" means the science of the earth and its 1-63 origin and history, the investigation of the earth's constituent 1-64 rocks, minerals, fossil fuels, solids, and fluids, and the study of 2-1 the natural and introduced agents, forces, and processes that cause 2-2 changes in and on the earth. 2-3 (11) "Geophysical subordinate" means a person who 2-4 assists in the practice of geophysics, or an exempt person 2-5 practicing geophysics, without assuming the responsible charge of 2-6 the work. 2-7 (12) "Geophysicist" means a person qualified to engage 2-8 in the practice of geophysics by reason of the person's knowledge 2-9 of geophysics, mathematics, physics, and the supporting physical 2-10 and life sciences, acquired through education and practical 2-11 experience. 2-12 (13) "Geophysics" means the science of the study of 2-13 the physical earth by means of measuring its natural and induced 2-14 fields of force, including electricity, gravity, and magnetism, and 2-15 its responses to natural and induced energy and the interpretation 2-16 of these measurements, and relating these measurements to the 2-17 physics of the earth. 2-18 (14) "Public practice of geology" means the 2-19 performance before the public of geological services or work 2-20 affecting the public health and safety, including consulting, 2-21 investigating, evaluating, planning, mapping, and inspecting 2-22 geological work, and the responsible supervision of those tasks. 2-23 (15) "Public practice of geophysics" means the 2-24 performance before the public of geophysical services or work 2-25 affecting the public health and safety, including consulting, 2-26 investigating, evaluating, planning, mapping, and inspecting 2-27 geophysical work, and the responsible supervision of those tasks. 2-28 (16) "Public practice of soil science" means the 2-29 performance before the public of soil science services or work 2-30 affecting the public health and safety, including consulting, 2-31 investigating, evaluating, planning, mapping, and inspecting soil 2-32 science work, and the responsible supervision of those tasks. 2-33 (17) "Licensed professional geologist" means a 2-34 geologist who has met the academic and experience qualifications of 2-35 this Act and who has been issued a license as a licensed 2-36 professional geologist by the board. 2-37 (18) "Licensed professional geophysicist" means a 2-38 geophysicist who has met the academic and experience qualifications 2-39 of this Act and who has been issued a license as a licensed 2-40 professional geophysicist by the board. 2-41 (19) "Licensed professional soil scientist" means a 2-42 soil scientist who has met the academic and experience 2-43 qualifications of this Act and who has been issued a license as a 2-44 licensed professional soil scientist by the board. 2-45 (20) "Responsible charge" means the independent 2-46 control and direction of geological, geophysical, or soil science 2-47 work or the supervision of geological, geophysical, or soil science 2-48 work by the use of initiative, skill, and independent judgment. 2-49 (21) "Soil science" means the science of soils, their 2-50 classification, origin, and history, the investigation of physical, 2-51 chemical, mineralogical, morphological, and biological 2-52 characteristics of soils, and the study of natural and introduced 2-53 agents, forces, and processes that cause changes in and on the 2-54 soil. 2-55 (22) "Soil science subordinate" means a person who 2-56 assists in the practice of soil science, or an exempt person 2-57 practicing soil science, without assuming the responsible charge of 2-58 the work. 2-59 (23) "Soil scientist" means a person qualified to 2-60 engage in the practice of soil science by reason of the person's 2-61 knowledge of soil science and the supporting chemical, physical, 2-62 and biological sciences acquired through education and practical 2-63 experience. 2-64 (24) "Geoscientist" means a person qualified to engage 2-65 in the practice in one of the collective disciplines of the 2-66 geological sciences, including geology, geophysics, and soil 2-67 science, and specialty practices of each. 2-68 (25) "Specialty" means a branch of geology, 2-69 geophysics, or soil science that has been recognized by the board 3-1 for specialty certification. 3-2 (26) "Practice of specialty geology" means the 3-3 performance before the public of geological services or work 3-4 including consulting, investigating, evaluating, planning, mapping, 3-5 and inspecting geological work and the responsible supervision of 3-6 those tasks in the commonly recognized specialty geological 3-7 practices, including engineering geology, hydrogeology, and 3-8 environmental geology. 3-9 (27) "Practice of specialty geophysics" means the 3-10 performance before the public of geophysical services or work 3-11 including consulting, investigating, evaluating, planning, mapping, 3-12 and inspecting geophysical work and the responsible supervision of 3-13 those tasks in the commonly recognized specialty geophysical 3-14 practices, including engineering geophysics, hydrogeophysics, and 3-15 environmental geophysics. 3-16 (28) "Practice of specialty soil science" means the 3-17 performance before the public of soil science services or work 3-18 including consulting, investigating, evaluating, planning, mapping, 3-19 and inspecting soil science work and the responsible supervision of 3-20 those tasks in commonly recognized specialty soil science 3-21 practices, including soil survey, soil classification, and 3-22 environmental soil science. 3-23 (29) "Performance before the public" means: 3-24 (A) providing professional geological, 3-25 geophysical, or soil science services: 3-26 (i) to a governmental entity in the State 3-27 of Texas; 3-28 (ii) to comply with rules or regulations 3-29 established by Texas governmental entities for the express purpose 3-30 of protecting the health, safety, and welfare of the citizens of 3-31 Texas; and 3-32 (iii) to the public, firms, or 3-33 corporations in Texas where the practitioner assumes the ultimate 3-34 liability for the work product. 3-35 (B) Performance before the public does not 3-36 include services provided for the express use of a corporation or 3-37 firm by an employee or consultant where the corporation or firm 3-38 assumes the ultimate liability for the work product. 3-39 SECTION 4. BOARD OF LICENSURE FOR GEOLOGISTS, GEOPHYSICISTS, 3-40 AND SOIL SCIENTISTS. (a) The Board of Licensure for Geologists, 3-41 Geophysicists, and Soil Scientists is created to administer the 3-42 provisions of this Act. 3-43 (b) The board is composed of nine members, who are appointed 3-44 by the governor with the advice and consent of the senate. 3-45 (c) Five members of the board must be geologists licensed 3-46 under this Act, two of whom must be board certified in a specialty 3-47 of geology recognized under this Act. One member of the board must 3-48 be a geophysicist licensed under this Act, and one member of the 3-49 board must be a soil scientist licensed under this Act. To the 3-50 extent possible, the composition of the geologists, geophysicists, 3-51 and soil scientists licensed under this Act serving on the board 3-52 must be representative of the occupational distribution of 3-53 geologists, geophysicists, and soil scientists licensed under this 3-54 Act. 3-55 (d) Two members of the board must be members of the general 3-56 public. 3-57 (e) A member of the board must be a citizen of the United 3-58 States, must have been a resident of this state for at least three 3-59 years preceding appointment, and must be at least 25 years of age. 3-60 (f) Members of the board serve staggered six-year terms with 3-61 the terms of three members expiring February 1 of each odd-numbered 3-62 year. 3-63 (g) A member of the board may not serve more than two 3-64 consecutive full terms. 3-65 (h) The Board of Licensure for Geologists, Geophysicists, 3-66 and Soil Scientists is subject to Chapter 325, Government Code 3-67 (Texas Sunset Act). Unless continued in existence as provided by 3-68 that chapter, the board is abolished and this Act expires September 3-69 1, 2007. 4-1 SECTION 5. RESTRICTIONS ON PUBLIC MEMBERSHIP. A person is 4-2 not eligible for appointment as a public member of the board if the 4-3 person or the person's spouse: 4-4 (1) is licensed, certified, or registered by an 4-5 occupational regulatory agency in the practice of geology, 4-6 geophysics, or soil science; 4-7 (2) is employed by or participates in the management 4-8 of a business entity or other organization regulated by the board 4-9 or receiving funds from the board; 4-10 (3) owns or controls, directly or indirectly, more 4-11 than a 10 percent interest in a business entity or other 4-12 organization regulated by the board or receiving funds from the 4-13 board; or 4-14 (4) uses or receives a substantial amount of tangible 4-15 goods, services, or funds from the board, other than compensation 4-16 or reimbursement authorized by law for board membership, 4-17 attendance, or expenses. 4-18 SECTION 6. CONFLICTS OF INTEREST. (a) An officer, 4-19 employee, or paid consultant of a Texas trade association in the 4-20 practice of geology, geophysics, or soil science may not be a 4-21 member of the board or employee of the board who is exempt from the 4-22 state's position classification plan or is compensated at or above 4-23 the amount prescribed by the General Appropriations Act for step 1, 4-24 salary group 17, of the position classification salary schedule. 4-25 (b) A person who is the spouse of an officer, manager, or 4-26 paid consultant of a Texas trade association in the field of 4-27 geology, geophysics, or soil science may not be a member of the 4-28 board and may not be an employee of the board who is exempt from 4-29 the state's position classification plan or is compensated at or 4-30 above the amount prescribed by the General Appropriations Act for 4-31 step 1, salary group 17, of the position classification salary 4-32 schedule. 4-33 (c) For the purposes of this section, a Texas trade 4-34 association is a nonprofit, cooperative, and voluntarily joined 4-35 association of business or professional competitors in this state 4-36 designed to assist its members and its industry or profession in 4-37 dealing with mutual business or professional problems and in 4-38 promoting their common interest. 4-39 SECTION 7. LOBBYIST RESTRICTION. A person may not serve as 4-40 a member of the board or act as the general counsel to the board if 4-41 the person is required to register as a lobbyist under Chapter 305, 4-42 Government Code, because of the person's activities for 4-43 compensation on behalf of a profession related to the operation of 4-44 the board. 4-45 SECTION 8. REMOVAL FROM BOARD. It is a ground for removal 4-46 from the board if: 4-47 (1) the member is no longer qualified for appointment 4-48 to the board; 4-49 (2) the member engages in misconduct, is determined to 4-50 be incompetent, neglects the member's official duties, or engages 4-51 in malfeasance; 4-52 (3) the member commits a felony or a violation of this 4-53 Act resulting in disciplinary action; 4-54 (4) the member fails without excuse to attend at least 4-55 half of the regularly scheduled meetings held in a calendar year 4-56 while the member is a member of the board; or 4-57 (5) other good and sufficient cause for removal 4-58 exists. 4-59 SECTION 9. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC 4-60 PARTICIPATION. (a) The board is subject to Chapters 551 and 2001, 4-61 Government Code. 4-62 (b) The board shall develop and implement policies that 4-63 provide the public with a reasonable opportunity to appear before 4-64 the board and to speak on any issue under the jurisdiction of the 4-65 board. 4-66 SECTION 10. VACANCY. If a vacancy on the board occurs, the 4-67 governor shall appoint a member to fill the unexpired term as 4-68 provided by this Act. 4-69 SECTION 11. COMPENSATION. A member of the board is entitled 5-1 to a per diem as set by the legislature for each day that the 5-2 member engages in the business of the board. A member of the board 5-3 is entitled to reimbursement for transportation and other expenses 5-4 incurred in connection with the business of the board. 5-5 SECTION 12. IMMUNITY FROM CIVIL LIABILITY. A member or 5-6 former member of the board or an agent, employee, or member of any 5-7 advisory committee appointed by the board under this Act is immune 5-8 from civil liability for any act or omission that occurred in the 5-9 person's official capacity. The attorney general shall defend a 5-10 person immune under this section in an action brought against the 5-11 board or the person for an alleged act or omission by the person. 5-12 SECTION 13. MEETINGS; OFFICERS OF BOARD. (a) The board 5-13 shall hold two or more regular meetings in each calendar year. A 5-14 special meeting may be held at a time permitted by rule of the 5-15 board. 5-16 (b) The board shall elect annually from its own membership a 5-17 chair, vice chair, and secretary-treasurer, none of whom may hold 5-18 office for more than two consecutive one-year terms. The board may 5-19 appoint an assistant secretary and other assistant officers who are 5-20 not members of the board to assist the board and exercise its 5-21 authority in carrying out its duties and responsibilities. 5-22 (c) A majority of the board constitutes a quorum. 5-23 (d) Minutes of each meeting of the board, recording the 5-24 members present and the business conducted, shall be signed and 5-25 kept by the secretary-treasurer or an assistant secretary appointed 5-26 by the board. 5-27 SECTION 14. POWERS AND DUTIES OF BOARD. (a) The board may: 5-28 (1) adopt and enforce rules consistent with this Act 5-29 and necessary for the performance of its duties; 5-30 (2) set reasonable and necessary fees to be charged 5-31 applicants and licensees under this Act; and 5-32 (3) recognize and establish specialty branches of 5-33 geological, geophysical, and soil science practice and establish 5-34 qualifications, conduct examinations, and certify specialties for 5-35 qualified applicants. 5-36 (b) The board may prepare, administer, and grade oral and 5-37 written examinations required or permitted under this Act. The 5-38 board may adopt or recognize, in part or in whole, examinations 5-39 prepared, administered, or graded by other organizations, on a 5-40 regional or national basis, that the board determines appropriate 5-41 to measure the qualifications of an applicant for licensure as a 5-42 geologist, geophysicist, or soil scientist or certification in a 5-43 specialty of geology, geophysics, or soil science if: 5-44 (1) the examination questions, the correct answers, 5-45 and an individual applicant's completed examination are available 5-46 to the board; and 5-47 (2) the board retains the authority to determine a 5-48 passing grade for licensure in this state. 5-49 (c) The board shall issue, renew, and reinstate licenses as 5-50 provided by this Act. As a condition for renewal of a license, the 5-51 board may require evidence of the competence of an applicant for 5-52 renewal by requiring the applicant to participate in continuing 5-53 professional education on a periodic or other basis. As a 5-54 condition for reinstatement, the board may require evidence of the 5-55 competence of an applicant for reinstatement in the practice of 5-56 geology, geophysics, or soil science by reviewing the applicant's 5-57 qualifications and experience, by requiring continuing professional 5-58 education, by conducting a reexamination on a periodic or other 5-59 basis, or by other appropriate means. 5-60 (d) The board, by rule, shall adopt a code of professional 5-61 conduct that is binding on all licensees under this Act. The board 5-62 may enforce the code by imposing sanctions as provided by this Act. 5-63 (e) The board shall investigate all complaints of violations 5-64 of this Act as provided by this Act. 5-65 (f) The board may refuse to issue or renew or may suspend or 5-66 revoke a license and may impose sanctions including restrictions on 5-67 the practice of a licensee or a person, firm, or corporation 5-68 practicing under this Act for a violation of this Act or a rule 5-69 adopted under this Act. 6-1 (g) The board may administer oaths and affirmations and 6-2 issue subpoenas to compel the attendance of witnesses and the 6-3 production of evidence. 6-4 (h) The board may issue cease and desist orders and seek 6-5 injunctions against a violation of this Act or a rule adopted under 6-6 this Act. 6-7 (i) The board shall recognize the use of the designations 6-8 "Certified Professional Geologist" or "C.P.G." as used by the AIPG, 6-9 "Certified Petroleum Geologist" or "C.P.G." as used by the AAPG, 6-10 "Certified Earth Scientist" or "C.E.S." as used by SIPES, and 6-11 "Certified Professional Soil Scientist" or "C.P.S.S." as used by 6-12 the ARCPACS and the use of the designation "Certified Geologist," 6-13 "Certified Geophysicist," "Certified Soil Scientist," or any 6-14 similar designation used by a professional geological, geophysical, 6-15 or soil science organization, society, or association recognized by 6-16 the board, if: 6-17 (1) the organization's, society's, or association's 6-18 requirements for certification are comparable to the educational 6-19 and experience requirements of this Act and are otherwise 6-20 acceptable to the board; 6-21 (2) the full name or recognized abbreviation of the 6-22 organization, society, or association granting the certification is 6-23 stated following or in conjunction with the use of the designation 6-24 or abbreviation; and 6-25 (3) the designation or abbreviation is not used in a 6-26 manner that is misleading or that creates an impression that the 6-27 person is licensed to practice geology, geophysics, or soil science 6-28 before the public unless the person is licensed under this Act. 6-29 (j) The board shall recognize the use of the designations 6-30 "geological engineer," "geotechnical engineer," "hydraulic 6-31 engineer," and "agricultural engineer" as legitimate engineering 6-32 titles separate from geology, geophysics, or soil science or a 6-33 specialty of geology, geophysics, or soil science and requiring 6-34 registration as a professional engineer. 6-35 (k) The board may enter into agreements with boards of 6-36 licensure or registration in other states and other appropriate 6-37 organizations, societies, associations, and agencies to develop 6-38 uniform standards for: 6-39 (1) the licensure of geologists, geophysicists, and 6-40 soil scientists; 6-41 (2) accrediting educational programs; 6-42 (3) establishing reciprocity and temporary licenses; 6-43 (4) developing regional or national examinations; 6-44 (5) evaluating applicants; and 6-45 (6) other purposes consistent with this Act. 6-46 (l) The board may appoint committees, employ personnel, 6-47 employ contractors and consultants, lease or purchase furnishings, 6-48 equipment, and supplies, lease office space, and incur other 6-49 similar expenses in connection with the administration of this Act. 6-50 SECTION 15. EXECUTIVE DIRECTOR; OFFICES. (a) The board 6-51 shall appoint an executive director, who shall be responsible for 6-52 managing the day-to-day affairs of the board, including: 6-53 (1) arranging for and supervising the necessary 6-54 support, secretarial, and clerical services; 6-55 (2) obtaining space for holding examinations, 6-56 meetings, and conferences; 6-57 (3) printing or purchasing examinations; 6-58 (4) printing and mailing forms, information, and 6-59 certificates; 6-60 (5) sending notices, collecting fees, and issuing 6-61 receipts; 6-62 (6) conducting the correspondence of the board, 6-63 including replying to routine requests for information; 6-64 (7) maintaining the minutes and records of the board; 6-65 (8) keeping records of receipts and disbursements; and 6-66 (9) providing necessary investigative services. 6-67 (b) The board shall maintain an official office and address 6-68 within the city of Austin to conduct its business. 6-69 SECTION 16. RECEIPTS AND DISBURSEMENTS; FUND. (a) The 7-1 executive director shall receive, administer, and account for all 7-2 money received under this Act and shall transfer the funds to the 7-3 comptroller. 7-4 (b) All funds paid to the board under this Act shall be 7-5 deposited in a special fund, known as the "geoscientists fund." 7-6 The geoscientists fund shall be maintained in accordance with the 7-7 accounting procedures of, and shall be subject to audit by, the 7-8 state auditor. Interest earned on money deposited in the 7-9 geoscientists fund shall be credited to the geoscientists fund. 7-10 (c) All expenses incurred by the board in the administration 7-11 and enforcement of this Act shall be paid from the geoscientists 7-12 fund. 7-13 (d) The executive director shall file an annual report of 7-14 all receipts, expenditures, and fund balances with the comptroller. 7-15 (e) The expenses and income shall be balanced and subject to 7-16 yearly audits by the state auditor. Any unexpended balance 7-17 remaining in the geoscientists fund at the end of the fiscal year 7-18 lapses to the general revenue fund. 7-19 SECTION 17. ROSTER AND SPECIALTIES LIST. (a) The board 7-20 shall maintain a roster stating the name and place of business of 7-21 each licensed professional geologist, geophysicist, and soil 7-22 scientist and board certified specialty geologist, geophysicist, 7-23 and soil scientist practicing under a license issued by the board. 7-24 Copies of the roster shall be kept on file with the board and shall 7-25 be furnished on request to a state agency, a county or municipal 7-26 clerk or building official, and a licensee. A copy of the roster 7-27 shall also be furnished to any person on written request, subject 7-28 to payment of a reasonable fee set by the board and any applicable 7-29 state taxes. 7-30 (b) The board shall maintain a list of recognized 7-31 specialties of geology, geophysics, and soil science in which 7-32 certification is recognized by the board under this Act and 7-33 professional geological, geophysical, and soil science 7-34 organizations, societies, and associations recognized by the board. 7-35 (c) The board shall maintain a list of each state, 7-36 territory, or possession of the United States, the District of 7-37 Columbia, and each foreign country in which the requirements and 7-38 qualifications for licensure or registration are comparable to 7-39 those established in this state and with which a reciprocity 7-40 agreement exists. 7-41 SECTION 18. LICENSURE REQUIRED. (a) Unless exempted by 7-42 this Act, a person may not engage in the public practice of 7-43 geology, geophysics, or soil science or a specialty of geology, 7-44 geophysics, or soil science without a license issued under this 7-45 Act. 7-46 (b) A person may not use the term "licensed professional 7-47 geologist," "licensed professional geophysicist," or "licensed 7-48 professional soil scientist," claim to have a specialty in geology, 7-49 geophysics, or soil science as part of a professional, business, or 7-50 commercial identification or title, or otherwise hold out to the 7-51 public that the person is qualified to practice as a geologist, 7-52 geophysicist, or soil scientist or to engage in the public practice 7-53 of geology, geophysics, or soil science or a specialty of geology, 7-54 geophysics, or soil science unless the person is licensed under 7-55 this Act. 7-56 (c) A person may not prepare or supervise the preparation of 7-57 a geological, geophysical, or soil science report or a geological, 7-58 geophysical, or soil science portion of a report required by 7-59 municipal or county ordinance, state or federal law, state agency 7-60 rule, or federal regulation that incorporates or is based on a 7-61 geological, geophysical, or soil study or geological, geophysical, 7-62 or soil data unless the person is licensed as a geologist, 7-63 geophysicist, or soil scientist under this Act. 7-64 (d) The state or a political subdivision of the state may 7-65 not contract for geological, geophysical, or soil science services 7-66 with a person other than a person licensed under this Act or with a 7-67 business entity other than a business entity that employs 7-68 geologists, geophysicists, or soil scientists licensed under this 7-69 Act who shall be responsible for the geological, geophysical, or 8-1 soil science work performed by the business entity. The term 8-2 "contract" as used in this subsection does not include the 8-3 relationship between a state agency or political subdivision and 8-4 its employees. Geological, geophysical, or soil science work 8-5 performed by employees or contractors of a state agency or 8-6 political subdivision must be performed in accordance with the 8-7 requirements of Subsection (c) of this section. 8-8 SECTION 19. APPLICATION REQUIREMENTS. (a) An applicant for 8-9 licensure as a geologist, geophysicist, or soil scientist in a 8-10 specialty of geology, geophysics, or soil science or for temporary 8-11 or reciprocal licensure must apply on a form prescribed by the 8-12 board that is signed and sworn to by the applicant before a notary 8-13 public. 8-14 (b) An application must be accompanied by the appropriate 8-15 application fee and include: 8-16 (1) information concerning the applicant's education; 8-17 (2) a detailed summary of the applicant's geological, 8-18 geophysical, or soil science work experience, including work in a 8-19 specialty in which the applicant seeks certification; 8-20 (3) a signed statement that the applicant has read and 8-21 will comply with the code of professional conduct; and 8-22 (4) not fewer than five reference letters, of which 8-23 not fewer than three are from geologists, geophysicists, or soil 8-24 scientists having personal knowledge of the applicant's geological, 8-25 geophysical, or soil science experience. 8-26 (c) An applicant must pay a fee for application, 8-27 examination, licensure, and renewal of a license, in addition to 8-28 any other fee required by the board. 8-29 SECTION 20. GEOLOGIST LICENSING REQUIREMENTS. To be 8-30 licensed as a geologist, an applicant must: 8-31 (1) be of good moral and ethical character as attested 8-32 to by letters of reference submitted on behalf of the applicant or 8-33 as otherwise determined by the board; 8-34 (2) have graduated from a course of study in geology 8-35 or geoscience satisfactory to the board or from a program 8-36 accredited by an organization recognized by the board, of four or 8-37 more years' duration including at least 30 semester or 45 quarter 8-38 hours of credit, with a major in geology or geoscience or a 8-39 geological specialty or have satisfactorily completed other 8-40 equivalent educational requirements as determined by the board; 8-41 (3) have a documented record of a minimum of four 8-42 years of satisfactory work experience in geology or a specialty of 8-43 geology obtained after completing the academic requirements of a 8-44 bachelor of science degree from an approved or accredited college 8-45 or university or have a documented record of not less than six 8-46 years of satisfactory work experience in geology or a specialty of 8-47 geology obtained after completing the academic requirements of a 8-48 bachelor of arts degree from an approved or accredited college or 8-49 university that demonstrates that the applicant is qualified to 8-50 assume responsible charge for geological work on licensure as a 8-51 geologist, two years of such work experience may be required by the 8-52 board to have been gained under the supervision of a geologist 8-53 licensed in this state or another state or gained under the 8-54 supervision of another person who, in the opinion of the board, is 8-55 qualified to have responsible charge of geological work; 8-56 (4) have passed an examination covering the 8-57 fundamentals and practice of geology required by the board; and 8-58 (5) meet other general or individual requirements 8-59 established by the board under this Act. 8-60 SECTION 21. GEOPHYSICIST LICENSING REQUIREMENTS. To be 8-61 licensed as a geophysicist, an applicant must: 8-62 (1) be of good moral and ethical character as attested 8-63 to by letters of reference submitted on behalf of the applicant or 8-64 as otherwise determined by the board; 8-65 (2) have graduated from a course of study in 8-66 geophysics, geophysical science, or another discipline that in the 8-67 board's opinion is relevant to geophysics or from a program 8-68 accredited by an organization recognized by the board, of four or 8-69 more years' duration including at least 30 semester or 45 quarter 9-1 hours of credit, with a major in geophysics or geoscience or a 9-2 geophysical specialty or have satisfactorily completed other 9-3 equivalent educational requirements as determined by the board; 9-4 (3) have a documented record of a minimum of four 9-5 years of satisfactory work experience in geophysics or a specialty 9-6 of geophysics obtained after completing the academic requirements 9-7 of a bachelor of science degree from an approved or accredited 9-8 institution of higher learning or have a documented record of not 9-9 less than six years of satisfactory work experience in geophysics 9-10 or a specialty of geophysics obtained after completing the academic 9-11 requirements of a bachelor of arts degree from an approved or 9-12 accredited college or university that demonstrates that the 9-13 applicant is qualified to assume responsible charge for geophysical 9-14 work on licensure as a geophysicist, two years of such work 9-15 experience may be required by the board to have been gained under 9-16 the supervision of a geophysicist licensed in this state or another 9-17 state or gained under the supervision of another person who, in the 9-18 opinion of the board, is qualified to have responsible charge of 9-19 geophysical work; 9-20 (4) have passed an examination covering the 9-21 fundamentals and practice of geophysics required by the board; and 9-22 (5) meet other general or individual requirements 9-23 established by the board under this Act. 9-24 SECTION 22. SOIL SCIENTIST LICENSING REQUIREMENTS. To be 9-25 licensed as a soil scientist, an applicant must: 9-26 (1) be of good moral and ethical character as attested 9-27 to by letters of reference submitted on behalf of the applicant or 9-28 as otherwise determined by the board; 9-29 (2) have graduated from a course of study in soil 9-30 science satisfactory to the board or from a program accredited by 9-31 an organization recognized by the board, of four or more years' 9-32 duration and including at least 30 semester or 45 quarter hours of 9-33 credit, with a major in soil science, or have satisfactorily 9-34 completed other equivalent educational requirements as determined 9-35 by the board; 9-36 (3) have a documented record of a minimum of four 9-37 years of satisfactory work experience in soil science after 9-38 completing the academic requirements of a bachelor of science 9-39 degree from an approved or accredited institution of higher 9-40 learning that demonstrates that the applicant is qualified to 9-41 assume responsible charge for soil science work on licensure as a 9-42 soil scientist, two years of such work experience may be required 9-43 by the board to have been gained under the supervision of a soil 9-44 scientist licensed in this state or another state or gained under 9-45 the supervision of another person who, in the opinion of the board, 9-46 is qualified to have responsible charge of soil science work; 9-47 (4) have passed a Soil Science Society of America 9-48 examination or an equivalent examination covering the fundamentals 9-49 and practice of soil science required by the board; and 9-50 (5) meet other general or individual requirements 9-51 established by the board under this Act. 9-52 SECTION 23. REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR 9-53 SOIL SCIENCE SPECIALTY CERTIFICATION. An applicant for 9-54 certification in a geological, geophysical, or soil science 9-55 specialty must meet the following requirements in addition to 9-56 meeting the requirements of Section 20, 21, or 22 of this Act, as 9-57 appropriate: 9-58 (1) successful completion of 12 semester or 16 quarter 9-59 hours of advanced study in the specialty at an academic institution 9-60 acceptable to the board or completion of an equivalent amount of 9-61 professional experience acceptable to the board; 9-62 (2) have experience including a documented record of 9-63 six or more years of experience with not less than four years in 9-64 the specialty after completing the academic requirements of this 9-65 section in geological, geophysical, or soil science work, as 9-66 appropriate, of a nature satisfactory to the board that 9-67 demonstrates that the applicant is qualified to assume responsible 9-68 charge of the specialty work on certification in the specialty and 9-69 not less than two years of the experience gained under the 10-1 supervision of a geologist, geophysicist, or soil scientist 10-2 certified in the specialty in this state or another state or under 10-3 the supervision of another person whom the board determines to be 10-4 qualified to have responsible charge of geological, geophysical, or 10-5 soil science work in the specialty or, as an alternative to the two 10-6 years of experience under the supervision of a geologist, 10-7 geophysicist, or soil scientist certified in the specialty, the 10-8 board may accept three reference letters from board certified 10-9 specialty geologists, geophysicists, or soil scientists in the 10-10 specialty; and 10-11 (3) have passed an examination required by the board 10-12 in the specialty. 10-13 SECTION 24. QUALIFYING EXPERIENCE. The following standards 10-14 shall be applied in evaluating the experience of an applicant for 10-15 licensure in the practice of geology, geophysics, or soil science 10-16 or for a specialty certification under Sections 20 through 23 of 10-17 this Act: 10-18 (1) each year of professional practice acceptable to 10-19 the board, under the direct supervision of a geologist, 10-20 geophysicist, or soil scientist, as appropriate, who is licensed or 10-21 registered in this state or in another state under requirements for 10-22 licensure or registration that are comparable to those in this Act 10-23 or under the direct supervision of a geologist, geophysicist, or 10-24 soil scientist, as appropriate, who meets the educational and 10-25 experience requirements for licensure but is not required to be 10-26 licensed under this Act constitutes one year of professional 10-27 experience in geology, geophysics, or soil science; 10-28 (2) each year of professional specialty geological, 10-29 geophysical, or soil science practice acceptable to the board under 10-30 the direct supervision of a specialty geologist, specialty 10-31 geophysicist, or specialty soil scientist who is certified in the 10-32 specialty under this Act or who is licensed, registered, or 10-33 certified as a specialty geologist, specialty geophysicist, or 10-34 specialty soil scientist under comparable requirements in another 10-35 state, under a civil engineer or geological engineer licensed in 10-36 this state or another state, or under a specialty geologist, 10-37 specialty geophysicist, or specialty soil scientist who meets the 10-38 educational and experience requirements for licensure but is not 10-39 required to be licensed under this Act constitutes one year of 10-40 practice in a specialty in geology, geophysics, or soil science; 10-41 and 10-42 (3) a year of experience in professional practice 10-43 acceptable to the board and acquired before September 1, 1998, 10-44 constitutes one year of experience in professional practice if the 10-45 experience: 10-46 (A) was acquired under the direct supervision of 10-47 a geologist, geophysicist, or soil scientist, as appropriate, who 10-48 meets the educational and experience requirements for licensure 10-49 under this Act or is licensed or registered under comparable 10-50 requirements in another state; or 10-51 (B) would constitute the responsible charge of 10-52 professional work in geology, geophysics, or soil science, as 10-53 appropriate, as determined by the board. 10-54 SECTION 25. GRADUATE STUDY, RESEARCH, AND TEACHING 10-55 EXPERIENCE. (a) Each year of full-time graduate study in the 10-56 geological, geophysical, or soil sciences or in a specialty of 10-57 geology, geophysics, or soil science that is acceptable to the 10-58 board constitutes one year of professional experience in geology, 10-59 geophysics, or soil science, or the applicable specialty of 10-60 geology, geophysics, or soil science. No more than two years of 10-61 full-time graduate study may be accepted by the board for 10-62 professional experience for a single applicant. 10-63 (b) The board may accept geological, geophysical, or soil 10-64 science research or teaching by a person studying geology, 10-65 geophysics, or soil science or a geological, geophysical, or soil 10-66 science specialty at the college or university level as qualifying 10-67 experience if the research or teaching, in the judgment of the 10-68 board, is comparable to experience obtained in the practice of 10-69 geology, geophysics, or soil science or a specialty of geology, 11-1 geophysics, or soil science. 11-2 SECTION 26. LICENSURE WITHOUT EXAMINATION. (a) The board 11-3 shall adopt rules relating to the licensure of a person holding a 11-4 valid certificate of registration or license for the practice of 11-5 geology, geophysics, or soil science or a recognized specialty of 11-6 geology, geophysics, or soil science issued under the law of 11-7 another state or a territory or possession of the United States, 11-8 the District of Columbia, or a foreign country, without requiring 11-9 the person to meet the examination requirements of Sections 20 11-10 through 23 of this Act. 11-11 (b) The board may issue a license to an applicant who 11-12 provides proof of registration or licensure under requirements that 11-13 the board determines to be substantially similar to those 11-14 established by this Act and who pays the required fees. 11-15 SECTION 27. TEMPORARY LICENSURE. A person who is not a 11-16 resident of this state and does not have an established place of 11-17 business in this state who seeks to practice geology, geophysics, 11-18 or soil science in this state for a time not to exceed 90 days 11-19 after the date of licensure or an applicant for reciprocal 11-20 licensure who seeks to practice geology, geophysics, or soil 11-21 science pending a determination on the reciprocity application may 11-22 be issued a temporary license authorizing temporary practice in 11-23 this state if the person: 11-24 (1) applies for temporary licensure to the board, 11-25 provides proof of licensure or registration in another state, the 11-26 District of Columbia, a territory or possession of the United 11-27 States, or a foreign country and pays the required fees; 11-28 (2) agrees to comply with the signature requirements 11-29 of Subsection (b) of Section 34 of this Act and to affix the 11-30 person's seal from the jurisdiction where the person is registered 11-31 or licensed on all work completed while practicing under the 11-32 temporary license; and 11-33 (3) files the required information and reports and 11-34 complies with other requirements established by the board 11-35 concerning the person's temporary practice. 11-36 SECTION 28. WAIVER OF REQUIREMENTS. (a) In an individual 11-37 case, the board may waive any of the requirements for licensure by 11-38 a two-thirds vote of the entire board, except for the payment of a 11-39 required fee, on the written request of the applicant and on a 11-40 showing of good cause if the board determines that the applicant is 11-41 otherwise qualified for licensure as a geologist, geophysicist, or 11-42 soil scientist or for certification in a specialty of geology, 11-43 geophysics, or soil science. 11-44 (b) The requirements waived under this section and the basis 11-45 for the waiver must be recorded in the applicant's record and in 11-46 the proceedings of the board. 11-47 SECTION 29. DENIAL OF LICENSURE. (a) The board may deny 11-48 licensure for an applicant who fails to satisfy a requirement of 11-49 this Act or on a determination by the board that there is probable 11-50 cause to believe that an applicant has violated this Act or a 11-51 provision the licensee would be subject to in this Act or a 11-52 comparable provision in the licensure law or registration of 11-53 another state. 11-54 (b) The board may not issue a license pending the 11-55 disposition of a complaint alleging a violation in this or another 11-56 state if the board has notice of the alleged violation. 11-57 (c) An applicant who is denied licensure must be notified of 11-58 the reason for denial in writing not later than the 30th day after 11-59 the date of the board's decision. Not later than the 30th day 11-60 after the date of receipt of the notice, the applicant may make a 11-61 written request for a hearing. In the absence of a request for a 11-62 hearing, the board's action is final. 11-63 SECTION 30. CONTINUING EDUCATION. To renew a license as a 11-64 professional geologist, geophysicist, or soil scientist or 11-65 certification as a specialty geologist, geophysicist, or soil 11-66 scientist, an applicant for renewal must meet the continuing 11-67 education requirements for renewal established by the board. 11-68 SECTION 31. CERTIFICATES AND SEALS. (a) The board shall 11-69 issue an appropriate license to a licensed professional geologist, 12-1 geophysicist, or soil scientist and a specialty certification to an 12-2 applicant who meets the requirements of this Act for licensure as a 12-3 geologist, geophysicist, or soil scientist or for board 12-4 certification in a specialty of geology, geophysics, or soil 12-5 science on payment of the applicable licensure fee. 12-6 (b) The certificate must show the full name of the licensee, 12-7 have a serial number, and be signed by an appropriate officer of 12-8 the board under the board's seal. 12-9 (c) The issuance by the board of a license is prima facie 12-10 evidence that while the certificate is valid the person named on 12-11 the certificate is entitled to all rights and privileges of a 12-12 licensed professional geologist, geophysicist, or soil scientist, 12-13 or a board certified specialty geologist, geophysicist or soil 12-14 scientist and is entitled to practice geology, geophysics, or soil 12-15 science as a firm or corporation. 12-16 (d) A certificate and seal issued to a holder of a specialty 12-17 certificate must: 12-18 (1) clearly identify the specialty certification; and 12-19 (2) be distinct from a certificate and seal issued to 12-20 a holder of a certificate who does not have a specialty 12-21 certificate. 12-22 SECTION 32. LICENSE DURATION; EXPIRATION. (a) A license is 12-23 valid for a period not to exceed three years and expires according 12-24 to a schedule established by the board. 12-25 (b) The board shall notify each certificate holder of the 12-26 date of expiration of the person's certificate and the amount of 12-27 the fee required for renewal not later than the 60th day before the 12-28 date of expiration. 12-29 (c) On expiration, a certificate is invalid and may not be 12-30 renewed except as provided by this Act. 12-31 SECTION 33. LICENSE RENEWAL. (a) The board shall renew or 12-32 reissue a license for a licensee who before the expiration date of 12-33 the certificate or within a period not to exceed 60 days after the 12-34 expiration as determined by the board: 12-35 (1) submits the required renewal application and fee 12-36 and a penalty for late renewal if required; and 12-37 (2) meets the requirements for renewal established by 12-38 the board. 12-39 (b) The board, by rule, may establish conditions and fees 12-40 for the reissuance of licenses that have lapsed, expired, or been 12-41 suspended or revoked. 12-42 (c) The board shall reissue a new certificate to replace any 12-43 license that has been lost, destroyed, or mutilated, subject to the 12-44 rules and fees adopted by the board. 12-45 SECTION 34. LICENSEE'S SEAL. (a) On licensure, a licensee 12-46 must obtain a seal of a design established by the board bearing the 12-47 licensee's name, license number, the words "Licensed Professional 12-48 Geologist," "Licensed Professional Geophysicist," or "Licensed 12-49 Professional Soil Scientist" and words that indicate any specialty 12-50 in which the individual may be certified. 12-51 (b) Geological, geophysical, and soil science reports, 12-52 documents, and other records as defined by the board that are 12-53 offered to the public and prepared or issued by or under the 12-54 supervision of a licensed professional geologist, geophysicist, or 12-55 soil scientist or by a subordinate under the supervision of a 12-56 licensed professional geologist, geophysicist, or soil scientist 12-57 must include the full name, signature, and license number of the 12-58 licensee who prepared the document or under whose supervision it 12-59 was prepared and an impression of the licensee's seal in accordance 12-60 with rules adopted by the board. Documents that are required to be 12-61 prepared or issued by or under the direction of a geologist, 12-62 geophysicist, or soil scientist certified in a specialty must be 12-63 similarly signed and sealed. 12-64 SECTION 35. EXEMPTIONS; APPLICATION OF ACT. (a) The 12-65 following activities do not require licensure under this Act: 12-66 (1) geological, geophysical, or soil science work 12-67 performed by an employee or a subordinate of a licensee under this 12-68 Act, if the work does not include the responsible charge of 12-69 geological, geophysical, or soil science work and is performed 13-1 under the direct supervision of a licensed professional geologist, 13-2 geophysicist, or soil scientist who is responsible for the work; 13-3 (2) geological, geophysical, or soil science work 13-4 performed by an officer or employee of the United States practicing 13-5 solely as such an officer or employee; 13-6 (3) geological, geophysical, or soil science work 13-7 performed exclusively in exploring for and developing oil and gas 13-8 and other energy resources, base metals, precious and nonprecious 13-9 minerals, including sand, gravel, and aggregate, provided such work 13-10 is done in and for the benefit of private industry; 13-11 (4) geological, geophysical, or soil science research 13-12 conducted through an academic institution, a state or federal 13-13 governmental agency, a nonprofit research institution, or a 13-14 for-profit organization that includes submitting a report on the 13-15 research to a public agency unless the work is covered by 13-16 Subsection (c) of Section 18 of this Act; 13-17 (5) teaching geology, geophysics, or soil science or a 13-18 related physical or natural science except for teaching an advanced 13-19 course in geology, geophysics, or soil science that may be intended 13-20 to qualify as a course requirement for specialty certification; 13-21 (6) the acquisition and interpretation of data 13-22 involving soil, rock, groundwater, and other earth materials for 13-23 engineering purposes; the evaluation of the physical and chemical 13-24 properties of soil, rock, groundwater, and other earth materials; 13-25 or the use of data in analysis, design, and construction by a 13-26 professional engineer registered in this state; 13-27 (7) work customarily performed by a physical or 13-28 natural scientist including a chemist, an archaeologist, a 13-29 geographer, and an oceanographer, if the work does not include the 13-30 planning and execution of a geological, geophysical, or soil 13-31 science investigation or involve the scientist being in responsible 13-32 charge of geological, geophysical, or soil science or specialty 13-33 geological, geophysical, or soil science work or require drawing or 13-34 making geological, geophysical, or soil science conclusions or 13-35 recommendations that significantly affect the public health, 13-36 safety, or welfare; 13-37 (8) testifying or preparing and presenting an exhibit 13-38 or document for the sole purpose of being placed in evidence before 13-39 an administrative or judicial tribunal or hearing, if the 13-40 testimony, exhibit, or document does not imply that the person is 13-41 licensed under this Act; and 13-42 (9) evaluation by a state agency as defined in Section 13-43 2001.003, Government Code, or hearing examiner of an exhibit or 13-44 document offered or placed in evidence before an administrative 13-45 tribunal. 13-46 (b) This Act does not permit the practice of engineering, as 13-47 that practice is defined by The Texas Engineering Practice Act 13-48 (Article 3271a, Vernon's Texas Civil Statutes), by a licensed 13-49 professional geologist, geophysicist, or soil scientist or a 13-50 specialty geologist, geophysicist, or soil scientist. 13-51 (c) A recommendation, design, analysis, redesign, review and 13-52 evaluation, supervision, or summary analysis of an engineered 13-53 structure or work that requires engineering education, training, 13-54 and experience in the application of special knowledge of 13-55 mathematical, physical, or engineering sciences is engineering and 13-56 is subject to The Texas Engineering Practice Act (Article 3271a, 13-57 Vernon's Texas Civil Statutes). 13-58 (d) This Act does not permit the performance of an 13-59 engineering analysis supporting an engineering design by a licensed 13-60 professional geologist, geophysicist, or soil scientist or 13-61 specialty geologist, geophysicist, or soil scientist unless the 13-62 action is under the supervision of a licensed professional 13-63 engineer. 13-64 (e) This Act does not permit a licensed professional 13-65 geologist, geophysicist, or soil scientist or specialty geologist, 13-66 geophysicist, or soil scientist to provide construction quality 13-67 control and evaluation or to design, develop, or perform 13-68 engineering review and evaluation of plans and specifications for 13-69 an engineered structure or work as defined under The Texas 14-1 Engineering Practice Act (Article 3271a, Vernon's Texas Civil 14-2 Statutes). Engineered structures or works include a building, 14-3 utility, machine, equipment, engineered process, engineer product, 14-4 device, liner, or project designed or constructed, regardless of 14-5 whether the structure or work is constructed of earthen or man-made 14-6 materials. This subsection does permit the geoscientific review 14-7 and evaluation of the geoscientific components of a project that 14-8 includes an engineered structure or work. 14-9 (f) With regard to an environmental and pollution 14-10 remediation project, this Act: 14-11 (1) permits the characterization, study, appraisal, 14-12 investigation, and geoscientific review and evaluation of the 14-13 geoscientific components of a project by a certificate holder; and 14-14 (2) as required under The Texas Engineering Practice 14-15 Act (Article 3271a, Vernon's Texas Civil Statutes), does not permit 14-16 the design, development, or performance of engineering review and 14-17 evaluation of an engineered structure, work, or process or related 14-18 constructed improvements used in the extraction and management of 14-19 waste. 14-20 (g) Nothing in this Act requires a licensed geologist, or 14-21 person acting under the supervision of a licensed geologist, who 14-22 performs service or work that is both geology and soil science as 14-23 defined by this Act to be licensed as a soil scientist or to work 14-24 under the supervision of a soil scientist. 14-25 (h) Nothing in this Act requires a licensed soil scientist, 14-26 or person acting under the supervision of a licensed soil 14-27 scientist, who performs service or work that is both soil science 14-28 and geology as defined by this Act to be licensed as a geologist or 14-29 to work under the supervision of a licensed geologist. 14-30 (i) This Act does not permit the practice of professional 14-31 surveying, as that practice is defined by the Professional Land 14-32 Surveying Practices Act (Article 5282c, Vernon's Texas Civil 14-33 Statutes), by a licensed professional geologist, geophysicist, or 14-34 soil scientist or a specialty geologist, geophysicist, or soil 14-35 scientist. This Act does not apply to surveyors, duly qualified 14-36 and registered under the laws of this state, who confine their 14-37 practice strictly to professional land or state land surveying as 14-38 defined by law. 14-39 SECTION 36. PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE 14-40 BY FIRM OR CORPORATION. (a) A firm or corporation may not engage 14-41 in the public practice of geology, geophysics, or soil science or a 14-42 specialty of geology, geophysics, or soil science except for: 14-43 (1) geological, geophysical, or soil science work 14-44 performed by or under the supervision of a geologist, geophysicist, 14-45 or soil scientist licensed to practice geology, geophysics, or soil 14-46 science or certified in an applicable specialty of geology, 14-47 geophysics, or soil science who is in responsible charge of the 14-48 work and who signs and seals all documents as required by this Act; 14-49 and 14-50 (2) a firm or corporation the principal business of 14-51 which is the public practice of geology, geophysics, or soil 14-52 science as determined by board rule if a principal of the firm or 14-53 an officer or director of the corporation is licensed as a 14-54 professional geologist, geophysicist, or soil scientist and has 14-55 overall supervision and control of the geological, geophysical, or 14-56 soil science work performed in this state. 14-57 (b) A firm or corporation permitted to engage in the public 14-58 practice of geology, geophysics, or soil science or a specialty of 14-59 geology, geophysics, or soil science is subject to the rules of the 14-60 board that pertain to the practice of geology, geophysics, or soil 14-61 science or a specialty of geology, geophysics, or soil science by a 14-62 firm or corporation. 14-63 (c) Except as provided by this section, a person, firm, or 14-64 corporation may not hold out to the public that the person, firm, 14-65 or corporation is a licensed professional geologist, licensed 14-66 professional geophysicist, or licensed professional soil scientist, 14-67 board certified in a specialty of geology, geophysics, or soil 14-68 science or able to perform geological, geophysical, or soil science 14-69 services or prepare a report or other document that requires the 15-1 signature and seal of a licensee under this Act. 15-2 SECTION 37. DISCIPLINE AND ENFORCEMENT. (a) The board may 15-3 take the following disciplinary actions: 15-4 (1) deny renewal of a license; 15-5 (2) permanently revoke the license of a licensee; 15-6 (3) suspend the license of a licensee for a specified 15-7 time, not to exceed three years, to take effect immediately 15-8 notwithstanding an appeal if the board determines that the 15-9 licensee's continued practice constitutes an imminent danger to the 15-10 public health, welfare, and safety; 15-11 (4) issue a public or private reprimand to an 15-12 applicant, a licensee, or a person, firm, or corporation practicing 15-13 geology, geophysics, or soil science under this Act; 15-14 (5) impose limitations, conditions, or restrictions on 15-15 the practice of an applicant, a licensee, or a person, firm, or 15-16 corporation practicing geology, geophysics, or soil science under 15-17 this Act; 15-18 (6) require that a licensee participate in a peer 15-19 review program under rules adopted by the board; 15-20 (7) require that a licensee obtain remedial education 15-21 and training as prescribed by the board; 15-22 (8) impose probation on a licensee requiring regular 15-23 reporting to the board; 15-24 (9) require restitution, in whole or in part, of 15-25 compensation or fees earned by a licensee, a person, a firm, or a 15-26 corporation practicing geology, geophysics, or soil science under 15-27 this Act; and 15-28 (10) impose an appropriate administrative penalty for 15-29 each violation of this Act or a rule adopted under this Act on a 15-30 licensee or a person who is not licensed who is not exempt from 15-31 registration under the provisions of this Act. 15-32 (b) The board may impose appropriate sanctions for: 15-33 (1) the practice of any fraud or deceit in obtaining 15-34 certification from an organization described in Subsection (i) of 15-35 Section 14 of this Act or in obtaining a license as a geologist, 15-36 geophysicist, or soil scientist or in a specialty of geology, 15-37 geophysics, or soil science; 15-38 (2) incompetency, misconduct, fraud, gross negligence, 15-39 or repeated incidents of negligence in the public practice of 15-40 geology, geophysics, or soil science; 15-41 (3) conviction of a felony or a crime involving moral 15-42 turpitude; 15-43 (4) the imposition of an administrative, civil, or 15-44 criminal fine, or the imposition of a sentence of imprisonment or 15-45 probation instead of a fine, for a misdemeanor relating to or 15-46 arising out of the public practice of geology, geophysics, or soil 15-47 science; 15-48 (5) the issuance of a cease and desist order or a 15-49 similar sanction relating to or arising out of the public practice 15-50 of geology, geophysics, or soil science; 15-51 (6) using the seal of another person or using or 15-52 allowing the use of the licensee's seal on geological, geophysical, 15-53 or soil science work not performed by or under the supervision of 15-54 the licensee; 15-55 (7) aiding or abetting a person in the violation of 15-56 this Act; 15-57 (8) the revocation or suspension of a license, the 15-58 denial of renewal of a license, or other disciplinary action taken 15-59 by a state agency, board of registration, or similar licensing 15-60 agency for geologists, geophysicists, or soil scientists or a 15-61 profession or occupation related to the public practice of geology, 15-62 geophysics, or soil science; however, the sanction imposed by the 15-63 board under this subdivision may not exceed in severity or duration 15-64 the sanction on which the action is based; 15-65 (9) a mental or physical disability, including a 15-66 dependence on or addiction to alcohol or a legal or illegal drug, 15-67 that substantially interferes with the individual's ability to 15-68 assume the responsible charge of and responsibility for geological, 15-69 geophysical, or soil science work; however, a sanction imposed 16-1 under this subdivision may not violate a state or federal law 16-2 relating to the rights of a person with a disability; 16-3 (10) practicing or offering to practice geology, 16-4 geophysics, or soil science or holding out to the public that the 16-5 person or the person's firm or corporation is licensed or qualified 16-6 to practice geology, geophysics, or soil science if the person is 16-7 not licensed under this Act or the person's firm or corporation 16-8 does not employ a licensed professional geologist, licensed 16-9 professional geophysicist, or licensed professional soil scientist 16-10 as required by this Act; 16-11 (11) practicing or offering to practice a specialty of 16-12 geology, geophysics, or soil science recognized by the board or 16-13 holding out to the public that the person or the person's firm or 16-14 corporation is certified in or qualified to practice a specialty of 16-15 geology, geophysics, or soil science if the person is not certified 16-16 in that specialty under this Act or the person's firm or 16-17 corporation does not employ a geologist, geophysicist, or soil 16-18 scientist certified in that specialty to be in responsible charge 16-19 of the specialty work as required by this Act; or 16-20 (12) violating this Act, a rule adopted under this 16-21 Act, including the code of professional conduct, or a comparable 16-22 provision of the laws or rules regulating the practice of geology, 16-23 geophysics, or soil science in another state or country. 16-24 SECTION 38. COMPLAINTS; INVESTIGATION. (a) A person may 16-25 bring a complaint alleging a violation of this Act or a rule 16-26 adopted under this Act. 16-27 (b) The board shall investigate all complaints brought to 16-28 its attention and may employ investigators, expert witnesses, and 16-29 hearing officers, appoint advisory committees, and conduct hearings 16-30 to determine whether disciplinary or other action should be taken. 16-31 (c) A complaint must be made in writing, be sworn to by the 16-32 person making the complaint, and be filed with the board's 16-33 secretary. 16-34 (d) A person who reports or provides information to the 16-35 board in good faith is not subject to an action for civil damages. 16-36 (e) The board, on its own motion and on a finding of 16-37 probable cause following its investigation, may direct the 16-38 secretary to file a verified complaint charging a person with a 16-39 violation of this Act or a rule adopted under this Act. The board 16-40 shall hear all charges, except for a charge that the board 16-41 determines to be unfounded or unsupported by the evidence 16-42 submitted. 16-43 SECTION 39. REPORT OF DISCIPLINARY ACTION. (a) The board 16-44 shall report disciplinary actions taken by the board to appropriate 16-45 regulatory officials in this state, to any other registration or 16-46 licensing board or organization acting on behalf of a registration 16-47 or licensing board in another state, or to an appropriate state or 16-48 federal law enforcement agency if the board determines that a 16-49 violation of laws enforced by the agency receiving the report may 16-50 have occurred. 16-51 (b) The board shall report a disciplinary action taken by 16-52 the board to appropriate law enforcement authorities if the board 16-53 believes that the violation prompting the disciplinary action 16-54 constitutes a criminal offense. 16-55 (c) The records of the board's disciplinary actions may be 16-56 released by the board to a law enforcement agency or a licensing or 16-57 registration board in this state or another state on written 16-58 request. 16-59 (d) The board shall issue public notice of all suspensions 16-60 and revocations of licenses, including a suspension, surrender of a 16-61 certificate, or revocation, obtained informally or by consent, in 16-62 an annual report or another publication selected by the board. A 16-63 report under this subsection may not include an expiration or 16-64 revocation of a license based solely on the failure of the licensee 16-65 to renew the license or to pay an applicable fee. 16-66 SECTION 40. APPEAL. A person aggrieved by a final decision 16-67 or action of the board imposing a sanction under this Act may 16-68 appeal the board's decision or action in a court of competent 16-69 jurisdiction. 17-1 SECTION 41. REISSUANCE OF A LICENSE. (a) The board may 17-2 reissue a license that was revoked on written application to the 17-3 board made after the third anniversary of the date of the 17-4 revocation. The applicant must show good cause to justify the 17-5 reissuance of the license. 17-6 (b) The board shall reissue a license that was suspended on 17-7 the date the suspension period expires. The board may impose 17-8 reasonable conditions or limitations in connection with the 17-9 reissuance of a license that has been suspended. 17-10 SECTION 42. OFFENSE. (a) A person commits an offense if 17-11 the person: 17-12 (1) practices, offers, or attempts to practice 17-13 geology, geophysics, or soil science or a specialty of geology, 17-14 geophysics, or soil science before the public without being 17-15 licensed as required by this Act; 17-16 (2) uses the term "Licensed Professional Geologist," 17-17 "Licensed Professional Geophysicist," or "Licensed Professional 17-18 Soil Scientist" or the initials "L.P.G." or "L.P.S.S." or claims a 17-19 specialty in geology, geophysics, or soil science as a 17-20 professional, business, or commercial identification or title or 17-21 otherwise holds out to the public that the person is licensed to 17-22 practice geology, geophysics, or soil science or a specialty of 17-23 geology, geophysics, or soil science without being licensed as 17-24 required by this Act; 17-25 (3) alters or revises a document, map, or other 17-26 geological, geophysical, or soil science work signed or sealed by a 17-27 licensed professional geologist, licensed professional 17-28 geophysicist, or licensed professional soil scientist unless the 17-29 alteration or revision is signed and sealed by a licensed 17-30 professional geologist, licensed professional geophysicist, or 17-31 licensed professional soil scientist; 17-32 (4) changes or alters the name or seal of another 17-33 licensed professional geologist, licensed professional 17-34 geophysicist, or licensed professional soil scientist on any 17-35 document, map, or other geological, geophysical, or soil science 17-36 work; 17-37 (5) impersonates a licensed professional geologist, 17-38 licensed professional geophysicist, or licensed professional soil 17-39 scientist or presents or attempts to use the license or the seal of 17-40 another licensed professional geologist, licensed professional 17-41 geophysicist, or licensed professional soil scientist as the 17-42 person's own license or seal; 17-43 (6) gives false or forged evidence to the board or to 17-44 a member of the board in an attempt to obtain a license; 17-45 (7) uses a seal or signs a document under a license 17-46 that is expired or has been suspended or revoked; 17-47 (8) manages, owns, or operates a place of business 17-48 where public geological, geophysical, or soil science work or 17-49 specialty work that is not exempt from licensure under this Act is 17-50 offered or performed for others without the work being supervised 17-51 or performed by a licensed professional geologist, licensed 17-52 professional geophysicist, or licensed professional soil scientist 17-53 or a geologist, geophysicist, or soil scientist certified in a 17-54 specialty of geology, geophysics, or soil science; 17-55 (9) uses public geological, geophysical, or soil 17-56 science work performed by another person for a purpose that 17-57 violates this Act; or 17-58 (10) otherwise violates this Act or a rule adopted by 17-59 the board under this Act. 17-60 (b) An offense under this section is a Class A misdemeanor. 17-61 SECTION 43. TRANSITION. (a) An applicant who applies for a 17-62 license under this Act before September 1, 1998, may be qualified 17-63 for licensure without written examination if the applicant has: 17-64 (1) graduated from an accredited institution of higher 17-65 education acceptable to the board with a bachelor of science or 17-66 bachelor of arts or higher degree and a major in geology or 17-67 geoscience if the application is for certification as a geologist, 17-68 a major in geophysics, geophysical science, or another discipline 17-69 the board determines to be relevant to geophysics if the 18-1 application is for certification as a geophysicist, or a major in 18-2 soil science if the application is for certification as a soil 18-3 scientist; or 18-4 (2) graduated from an accredited institution of higher 18-5 education in a four-year academic degree program other than 18-6 geology, geoscience, geophysics, or soil science, as appropriate, 18-7 but has completed the required number of course hours to qualify as 18-8 a geologist, geophysicist, or soil scientist or in a specialty of 18-9 geology, geophysics, or soil science and has experience consisting 18-10 of not less than six years of professional practice in geology, 18-11 geophysics, or soil science, as appropriate, acceptable to the 18-12 board completed before the date of application for licensure under 18-13 this section. 18-14 (b) An applicant for certification in a specialty who 18-15 applies before the first anniversary of the date the board 18-16 officially recognizes the specialty under this Act may be qualified 18-17 for certification in that specialty without written examination if 18-18 the applicant: 18-19 (1) is licensed under this Act as a geologist, 18-20 geophysicist, or soil scientist in this state; and 18-21 (2) has experience consisting of not less than six 18-22 years of professional practice acceptable to the board in the 18-23 applicable specialty of geology, geophysics, or soil science 18-24 completed before the date of application for certification in a 18-25 specialty under this section. 18-26 (c) An initial member of the board who is required to be a 18-27 licensed professional geologist, geophysicist, or soil scientist 18-28 must be qualified for licensure or certification under Subsections 18-29 (a) and (b) of this section. 18-30 (d) The governor shall make the initial appointments to the 18-31 board before November 1, 1997. The board shall hold its first 18-32 meeting before January 1, 1998. The initial appointments to the 18-33 board shall be made as follows: 18-34 (1) three members shall be appointed for terms 18-35 expiring in 1999; 18-36 (2) three members shall be appointed for terms 18-37 expiring in 2001; and 18-38 (3) three members shall be appointed for terms 18-39 expiring in 2003. 18-40 (e) The board shall adopt rules under this Act not later 18-41 than November 30, 1998. 18-42 (f) A person is not required to obtain a certificate of 18-43 licensure under this Act until January 1, 1999. 18-44 SECTION 44. EFFECTIVE DATE. This Act takes effect September 18-45 1, 1997, except that Sections 18 and 42 of this Act take effect 18-46 January 1, 1999. 18-47 SECTION 45. EMERGENCY. The importance of this legislation 18-48 and the crowded condition of the calendars in both houses create an 18-49 emergency and an imperative public necessity that the 18-50 constitutional rule requiring bills to be read on three several 18-51 days in each house be suspended, and this rule is hereby suspended. 18-52 * * * * *