Text: HSB00030                          Text: HSB00032
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 31

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 542B.1, Code 1995, is amended to read
  1  2 as follows:
  1  3    542B.1  REGISTERED ENGINEERS AND SURVEYORS.
  1  4    No A person shall not engage in the practice professional
  1  5 of engineering or land surveying in the state unless the
  1  6 person is a registered professional engineer or a registered
  1  7 land surveyor as provided in this chapter, except as permitted
  1  8 by section 542B.26.
  1  9    Sec. 2.  Section 542B.2, unnumbered paragraphs 2, 4, and 8,
  1 10 Code 1995, are amended to read as follows:
  1 11    The term "engineering documents" as used in this chapter
  1 12 includes all plans, specifications, drawings, and reports, if
  1 13 the preparation thereof of such documents constitutes or
  1 14 requires the practice of professional engineering.
  1 15    The term "in responsible charge" as used in this chapter
  1 16 means having direct control of and personal supervision over
  1 17 any professional engineering work or land surveying work or
  1 18 work involving the practice of engineering.  One or more
  1 19 persons, jointly or severally, may be in responsible charge.
  1 20    The term "professional engineer" as used in this chapter
  1 21 shall mean means a person, who, by reason of the person's
  1 22 knowledge of mathematics, the physical sciences, and the
  1 23 principles of engineering, acquired by professional education
  1 24 or practical experience, is qualified to engage in the
  1 25 practice of engineering practice as hereinafter defined.
  1 26    Sec. 3.  Section 542B.2, unnumbered paragraphs 9 and 10,
  1 27 Code 1995, are amended by striking the paragraphs and
  1 28 inserting in lieu thereof the following:
  1 29    NEW UNNUMBERED PARAGRAPH.  "Practice of engineering" as
  1 30 used in this chapter means any service or creative work, the
  1 31 adequate performance of which requires engineering education,
  1 32 training, and experience in the application of special
  1 33 knowledge of the mathematical, physical, and engineering
  1 34 sciences, such as consultation, investigation, evaluation,
  1 35 planning, design and design coordination of engineering works
  2  1 and systems, planning the use of land and water, teaching of
  2  2 advanced engineering subjects, performing engineering surveys
  2  3 and studies, and the review of construction for the purpose of
  2  4 monitoring compliance with drawings and specifications, any of
  2  5 which embraces such services or creative work, either public
  2  6 or private, in connection with any utilities, structures,
  2  7 buildings, machines, equipment, processes, work systems,
  2  8 projects, and industrial or consumer products or equipment of
  2  9 a mechanical, electrical, hydraulic, pneumatic, or thermal
  2 10 nature, insofar as they involve safeguarding life, health, or
  2 11 property, and including such other professional services as
  2 12 may be necessary to the planning, progress, and completion of
  2 13 the services identified in this paragraph.  "Design
  2 14 coordination" includes the review and coordination of
  2 15 technical submissions prepared by others, including as
  2 16 appropriate and without limitation, consulting engineers,
  2 17 architects, landscape architects, land surveyors, and other
  2 18 professionals working under the direction of the engineer.
  2 19 "Engineering surveys" includes all survey activities required
  2 20 to support the sound conception, planning, design,
  2 21 construction, maintenance, and operation of engineered
  2 22 projects, but excludes the surveying of real property for the
  2 23 establishment of land boundaries, rights-of-way, easements,
  2 24 and the dependent or independent surveys or resurveys of the
  2 25 public land survey system.
  2 26    A person is construed to be engaged in the practice of
  2 27 engineering if the person does any of the following:
  2 28    1.  Practices any branch of the profession of engineering.
  2 29    2.  Makes a representation by verbal claim, sign,
  2 30 advertisement, letterhead, card, or other manner that the
  2 31 person is a professional engineer.
  2 32    3.  Uses any title which implies that the person is a
  2 33 professional engineer or that the person is certified under
  2 34 this chapter.
  2 35    4.  The person holds themself out as able to perform, or
  3  1 who does perform, any service or work included in the practice
  3  2 of engineering.
  3  3    Sec. 4.  Section 542B.13, Code 1995, is amended to read as
  3  4 follows:
  3  5    542B.13  APPLICATIONS AND EXAMINATION FEES.
  3  6    Applications for registration shall be on forms prescribed
  3  7 and furnished by the board, shall contain statements made
  3  8 under oath, showing the applicant's education and a detailed
  3  9 summary of the applicant's technical work, and the board shall
  3 10 not require that a recent photograph of the applicant be
  3 11 attached to the application form.  An applicant is not
  3 12 ineligible for registration because of age, citizenship, sex,
  3 13 race, religion, marital status or national origin, although
  3 14 the application form may require citizenship information.  The
  3 15 board may consider the past felony record of an applicant only
  3 16 if the felony conviction relates directly to the practice of
  3 17 engineering or land surveying.  The board may require that an
  3 18 applicant submit references.  Applications for examination in
  3 19 fundamentals in professional the practice of engineering and
  3 20 land surveying shall be accompanied by application fees
  3 21 determined by the board.  The board shall determine the annual
  3 22 cost of administering the examinations and shall set the fees
  3 23 accordingly.
  3 24    Sec. 5.  Section 542B.14, subsection 1, paragraph d, Code
  3 25 1995, is amended to read as follows:
  3 26    d.  Successfully passing a written, oral, or written and
  3 27 oral examination designed to determine the proficiency and
  3 28 qualifications to engage in the practice of professional
  3 29 engineering.  No applicant shall be entitled to take this
  3 30 examination until the applicant shows the necessary practical
  3 31 experience in engineering work.
  3 32    Sec. 6.  Section 542B.17, Code 1995, is amended to read as
  3 33 follows:
  3 34    542B.17  CERTIFICATE.
  3 35    To any applicant who shall have passed the examination as a
  4  1 professional engineer and who shall have paid an additional
  4  2 fee, the The board shall issue a certificate of registration
  4  3 as a professional engineer to an applicant who has passed the
  4  4 examination as a professional engineer and who has paid an
  4  5 additional fee.  The certificate shall be signed by the
  4  6 chairperson and secretary of the board under the seal of such
  4  7 the board, which.  The certificate shall authorize the
  4  8 applicant to engage in the practice professional of
  4  9 engineering as defined in this chapter.  The amount of the fee
  4 10 shall be determined by the board pursuant to sections 542B.30
  4 11 to 542B.32.  Such The certificate shall not carry with it the
  4 12 right to practice land surveying, unless specifically so
  4 13 stated in said on the certificate, which permission shall be
  4 14 granted by the board without additional fee in cases where the
  4 15 applicant duly qualifies as a land surveyor as prescribed by
  4 16 the rules of said the board.
  4 17    Sec. 7.  Section 542B.21, subsection 5, Code 1995, is
  4 18 amended to read as follows:
  4 19    5.  Conviction of a felony related to the profession or
  4 20 occupation of the registrant or the conviction of any felony
  4 21 that would affect the registrant's ability to practice
  4 22 professional engineering or land surveying under the laws of
  4 23 the United States, of any state or possession of the United
  4 24 States, or of any other country.  A copy of the record of
  4 25 conviction or plea of guilty is conclusive evidence.
  4 26    Sec. 8.  Section 542B.21, Code 1995, is amended by adding
  4 27 the following new subsection:
  4 28    NEW SUBSECTION.  5A.  Revocation or suspension of
  4 29 registration to engage in the practice of engineering or land
  4 30 surveying, or other disciplinary action by the licensing
  4 31 authority of another state, territory, or country.  A
  4 32 certified copy of the record or order of suspension,
  4 33 revocation, or other disciplinary action is prima facie
  4 34 evidence of such fact.
  4 35    Sec. 9.  Section 542B.26, Code 1995, is amended to read as
  5  1 follows:
  5  2    542B.26  APPLICABILITY OF CHAPTER.
  5  3    This chapter shall not apply to any full-time employee of
  5  4 any corporation while doing work for that corporation, except
  5  5 in the case of corporations offering their services to the
  5  6 public as professional engineers or land surveyors.
  5  7    Corporations engaged in designing buildings or works for
  5  8 public or private interests not their own shall be deemed to
  5  9 be engaged in the practice professional of engineering within
  5 10 the meaning of this chapter.  With respect to such
  5 11 corporations all principal designing or constructing engineers
  5 12 shall hold certificates of registration hereunder issued under
  5 13 this chapter.  This chapter shall not apply to corporations
  5 14 engaged solely in constructing buildings and works.
  5 15    This chapter shall not apply to any professional engineer
  5 16 or land surveyor working for the United States government, nor
  5 17 to any professional engineer or land surveyor employed as an
  5 18 assistant to a professional engineer or land surveyor
  5 19 registered under this chapter if such assistant is not placed
  5 20 in responsible charge of any professional work involving the
  5 21 practice of engineering or land surveying work, nor to the
  5 22 operation and/or or maintenance of power and mechanical plants
  5 23 or systems.  
  5 24                           EXPLANATION
  5 25    This bill amends provisions of chapter 542B relating to
  5 26 professional engineers and land surveyors.
  5 27    The bill strikes the definition of the practice of
  5 28 "professional engineering" and inserts a definition of
  5 29 "practice of engineering".  Several conforming changes are
  5 30 made as a result of these definition changes.
  5 31    The bill also provides that the engineering and land
  5 32 surveying examining board may suspend or revoke the
  5 33 certificate of registration of a professional engineer or land
  5 34 surveyor upon the certificate holder's conviction of a felony
  5 35 under the laws of this state, or the conviction of an act
  6  1 under the laws of the United States, any other state,
  6  2 territory, or possession of the United States, or other
  6  3 country, which would be a felony under the laws of this state.
  6  4 The board may also suspend the certificate if the certificate
  6  5 holder's registration in another state, territory, or foreign
  6  6 country has been suspended or revoked.  A certified copy of
  6  7 the record or order of suspension, revocation, or other
  6  8 disciplinary action is prima facie evidence of such fact.
  6  9 Currently, revocation or suspension resulting from the
  6 10 conviction of a felony must involve a felonious act related to
  6 11 the profession or occupation of the certificate holder, or a
  6 12 felonious act affecting the certificate holder's ability to
  6 13 engage in the practice of engineering or land surveying.  
  6 14                      BACKGROUND STATEMENT
  6 15                     SUBMITTED BY THE AGENCY
  6 16    The current definition of "professional engineering" is at
  6 17 times vague and confusing to the public and to licensed
  6 18 professional engineers.  To add detail and clarify the
  6 19 language, the board proposes to adopt language from the Model
  6 20 Law of the National Council of Examiners for Engineering and
  6 21 Surveying (NCEES), an organization made up of all of the
  6 22 licensing boards in the United States and its territories.
  6 23    After reviewing the provisions of Iowa Code section
  6 24 542B.21, the engineering and land surveying examining board
  6 25 believes that the language in Iowa Code section 542C.21,
  6 26 concerning disciplinary actions by the accountancy examining
  6 27 board, is more appropriate.  Thus, the bill conforms section
  6 28 542B.21, subsection 5, to language used in section 542C.21.
  6 29    The provisions of new subsection 5A are similar to those in
  6 30 Iowa Code sections 542C.21, 153.34, 152.10, and 148.6.  By
  6 31 using the record of disciplinary action taken by another
  6 32 jurisdiction, the board would save substantial money and time
  6 33 in the investigation and hearing process.  Other professions
  6 34 in Iowa find this a workable solution to the problem of
  6 35 disciplining Iowa registrants who have been disciplined in
  7  1 other states.  
  7  2 LSB 1105DP 76
  7  3 mj/sc/14.1
     

Text: HSB00030                          Text: HSB00032
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