As Reported by the Committee of Conference

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 322


Representatives Widener, Hollister, Kilbane, Taylor, Otterman, Allen, Barrett, Book, Carmichael, Chandler, Cirelli, Collier, Daniels, C. Evans, Flowers, Hoops, Key, Olman, S. Patton, Schlichter, Setzer, J. Stewart, Webster 

Senators Coughlin, Miller 



A BILL
To amend sections 4703.02, 4703.13, 4703.33, 4703.36, 1
4733.15, and 4733.16 and to enact section 4733.151 2
of the Revised Code to increase the annual renewal 3
of registration fee for professional engineers and 4
professional surveyors, to implement continuing 5
professional development requirements for 6
registration renewals of professional engineers 7
and surveyors beginning in calendar year 2008, to 8
modify requirements concerning the type of 9
professional designated to be responsible for 10
decisions of a professional engineering or 11
professional surveying business, and to authorize 12
the State Board of Examiners of Architects and the 13
State Board of Landscape Architect Examiners to 14
adopt rules pertaining to continuing education 15
requirements.16


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4703.02, 4703.13, 4703.33, 4703.36, 17
4733.15, and 4733.16 be amended and section 4733.151 of the 18
Revised Code be enacted to read as follows:19

       Sec. 4703.02.  The state board of examiners of architects20
shall organize by electing from its membership a president and a21
secretary, and also a vice-president and an assistant secretary,22
who shall act during absence or disability of the president or23
secretary respectively.24

       The board shall adopt all necessary rules, regulations, and25
bylaws, not inconsistent with sections 4703.01 to 4703.19 of the26
Revised Code, and the constitutions and laws of this state or of27
the United States, to govern its times and places of meeting for28
organization and reorganization, for the holding of examinations,29
and for fixing the length of the term of its officers. The board, 30
under Chapter 119. of the Revised Code, may adopt, promulgate, and 31
enforce rules governing the standards of education, service, 32
conduct, and practice to be followed in the practice of the 33
profession of architecture in the state, including rules for the 34
enforcement of sections 4703.01 to 4703.19 of the Revised Code. 35
The board shall include among the rules adopted governing the 36
standardstandards of practice, requirements regarding financial37
responsibility and professional liability insurance. The board may 38
adopt rules pertaining to the satisfactory completion of 39
continuing education requirements.40

       If the board adopts rules pertaining to continuing education 41
requirements, the board shall specify in the rules that the 42
continuing education requirements may be satisfied by coursework 43
or activities dealing with technical, ethical, or managerial 44
topics relevant to the practice of architecture and that a 45
registrant may earn continuing professional education hours by 46
completing or teaching university or college level coursework; 47
attending seminars, workshops, or conferences; authoring relevant 48
published papers, articles, or books; receiving patent awards; 49
actively participating in professional or technical societies 50
serving the architecture profession, or actively participating in 51
any other activity deemed relevant by the board. If the board 52
adopts rules pertaining to continuing education requirements, the 53
board shall, in general, follow model continuing education 54
recommendations established by the national council of 55
architectural registration boards or a similar successor 56
organization.57

       The board shall hold examinations not less than once58
annually, and shall issue to each successful applicant a59
certificate of qualification to practice architecture, and shall60
impress on each certificate issued the seal of the board.61

       The secretary of the board shall be responsible for keeping a 62
true and complete record of all proceedings of the board. The63
board may employ an executive secretary, investigators, and such64
clerical assistance as it determines necessary.65

       Sec. 4703.13.  (A) Each architect holdingwho holds a 66
certificate of qualification under sections 4703.01 to 4703.19 of 67
the Revised Code and who desires to continue the practice of 68
architecture shall, before or during the month of December of each 69
odd-numbered year, make application, together with the renewal fee 70
provided in section 4703.16 of the Revised Code, for a renewal of71
the certificate, and demonstrate satisfactory completion of any 72
applicable continuing education requirements adopted by the state 73
board of examiners of architects under section 4703.02 of the 74
Revised Code. The renewal shall be pursuant to the standard75
renewal procedure of sections 4745.01 to 4745.03 of the Revised76
Code, except that renewal is required in each odd-numbered year77
instead of annually. Each certificate shall be renewed for a term 78
of two years, and the renewal shall be recorded in the official 79
register of the board.80

       (B) Each holder of a certificate of authorization to provide 81
architectural services shall, before or during the month of each 82
June preceding the year the holder desires to continue to provide 83
architectural services, make application, together with the 84
renewal fee provided in section 4703.16 of the Revised Code, for a 85
renewal of the certificate. Each certificate shall be renewed for 86
a term of one year except as provided in section 4703.12 of the 87
Revised Code.88

       Sec. 4703.33.  (A) The state board of landscape architect89
examiners, in accordance with Chapter 119. of the Revised Code,90
may adopt, amend, and enforce rules governing the standards for 91
education, experience, services, conduct, and practice to be 92
followed in the practice of the profession of landscape 93
architecture in accordance with Chapter 119. of the Revised Code94
and rules pertaining to the satisfactory completion of continuing 95
education requirements. If the board adopts rules pertaining to 96
continuing education requirements, the board shall specify in the 97
rules that the continuing education requirements may be satisfied 98
by coursework or activities dealing with technical, ethical, or 99
managerial topics relevant to the practice of landscape 100
architecture and that a registrant may earn continuing 101
professional education hours by completing or teaching university 102
or college level coursework; attending seminars, workshops, or 103
conferences; authoring relevant published papers, articles, or 104
books; receiving patent awards; actively participating in 105
professional or technical societies serving the landscape 106
architecture profession, or actively participating in any other 107
activity deemed relevant by the board. If the board adopts rules 108
pertaining to continuing education requirements, the board shall, 109
in general, follow model continuing education recommendations 110
established by the council of landscape architectural registration 111
boards or a similar successor organization.112

       (B) The board shall hold examinations not less than once113
annually and shall register as a landscape architect each114
applicant who demonstrates to the satisfaction of the board that 115
the applicant has met all the requirements of section 4703.34 of116
the Revised Code.117

       (C) The board shall issue to each individual registered118
pursuant to this section a certificate of qualification.119

       (D) The board shall appoint at least one of its members as a120
delegate to each regional and annual meeting of the council of121
landscape architectural registration boards.122

       Sec. 4703.36.  (A) The state board of landscape architect123
examiners shall register as a landscape architect each applicant124
who demonstrates to the satisfaction of the board that the125
applicant has met all requirements of section 4703.34 of the126
Revised Code or, in lieu thereof, has complied with section127
4703.35 of the Revised Code. The certificate issued to each128
individual shall be prima-facie evidence of the right of the129
individual to whom it is issued to represent self as a landscape130
architect and to enter the practice of landscape architecture,131
subject to sections 4703.30 to 4703.49 of the Revised Code.132

       (B) Each certificate of qualification issued and registered133
shall authorize the holder to practice landscape architecture as a134
landscape architect in this state until the last day of October of135
each odd-numbered calendar year, unless revoked or suspended for136
cause as provided in this chapter or suspended pursuant to section137
3123.47 of the Revised Code. License renewal shall be conducted in 138
accordance with the standard license renewal procedure in Chapter 139
4745. of the Revised Code. Each applicant for license renewal 140
shall demonstrate satisfactory completion of any continuing 141
education requirements the state board of landscape architect 142
examiners adopts under section 4703.33 of the Revised Code. Each143
renewal shall be recorded in the official register of the board.144

       (C) Each person registered by the board shall secure a seal145
of the design prescribed by the board. All plans, specifications,146
drawings, and other documents prepared by, or under the direct147
supervision of, the landscape architect shall be imprinted with 148
the seal in accordance with the requirements of the board.149

       (D) Each certificate of authorization issued under division150
(F) of section 4703.331 of the Revised Code shall authorize the151
holder to provide landscape architectural services, through the152
landscape architect designated as being in responsible charge of153
the landscape architectural activities and decisions, from the154
date of issuance until the last day of June next succeeding the155
date upon which the certificate was issued unless the certificate156
has been suspended or revoked for cause as provided in section157
4703.42 of the Revised Code.158

       Sec. 4733.15.  (A) Registration expires annually on the last159
day of December following initial registration or renewal of160
registration and becomes invalid on that date unless renewed161
pursuant to this section and the standard renewal procedure of162
sections 4745.01 to 4745.03 of the Revised Code. Renewal may be163
effected at any time prior to the date of expiration for a period164
of one year by the applicant's payingpayment to the treasurer of 165
state of a fee of sixteentwenty dollars for a renewal of 166
registration as either a professional engineer or professional 167
surveyor and, for renewals for calendar year 2008 and thereafter, 168
demonstration of completion of the continuing professional 169
development requirements of section 4733.151 of the Revised Code. 170
When notified as required in this section, a registrant's failure 171
to renew registration shall not deprive the registrant of the 172
right of renewal within the following twelve months, but the fee 173
to renew a registration within twelve months after expiration174
shall be increased fifty per cent, and the registrant shall 175
certify completion of continuing professional development hours as 176
required in section 4733.151 of the Revised Code. The177

       The state board of registration for professional engineers 178
and surveyors may, upon request, waive the payment of the renewal 179
fees ofor the completion of continuing professional development 180
requirements for a registrant during the period when the 181
registrant is on active duty in connection with any branch of the 182
armed forces of the United States.183

       (B) Each certificate of authorization issued pursuant to184
section 4733.16 of the Revised Code shall authorize the holder to185
provide professional engineering or professional surveying186
services, through the registered professional engineer or187
professional surveyor designated as being in responsible charge of188
the professional engineering or professional surveying practice,189
from the date of issuance until the last day of June next190
succeeding the date upon which the certificate was issued, unless191
the certificate has been revoked or suspended for cause as192
provided in section 4733.20 of the Revised Code or has been193
suspended pursuant to section 3123.47 of the Revised Code.194

       (C) If a registrant fails to renew registration within one195
year from the date of expirationas provided under division (A) of 196
this section, its renewal and reinstatement may be effected under 197
rules promulgated by the board adopts regarding requirements for198
reexamination or reapplication, and reinstatement penalty fees. 199
The board may require a registrant who fails to renew registration 200
to complete those hours of continuing professional development 201
required from the effective date of this section, as a condition 202
of renewal and reinstatement if the registrant seeks renewal and 203
reinstatement under this division on or after January 1, 2009.204

       Sec. 4733.151. (A) Each registrant for renewal for calendar 205
year 2008 and thereafter shall have completed, within the 206
preceding calendar year, at least fifteen hours of continuing 207
professional development for professional engineers and surveyors.208

       (B) The continuing professional development requirement may 209
be satisfied by coursework or activities dealing with technical, 210
ethical, or managerial topics relevant to the practice of 211
engineering or surveying. A registrant may earn continuing 212
professional development hours by completing or teaching 213
university or college level coursework, attending seminars, 214
workshops, or conferences, authoring relevant published papers, 215
articles, or books, receiving patent awards, or actively 216
participating in professional or technical societies serving the 217
engineering or surveying professions.218

       In the case of the board disputing the content of any credit 219
hours or coursework, then the board shall presume as a matter of 220
law that any credit hours submitted by a registrant, or any 221
coursework or activity submitted for approval complies with this 222
section if submitted and a statement signed by a current 223
registrant not otherwise participating in the event, affirms that 224
the material is relevant to the registrant's practice and will 225
assist the registrant's development in the profession.226

       Credit for university or college level coursework shall be 227
based on the credit established by the university or college. One 228
semester hour as established by the university or college shall be 229
the equivalent of forty-five hours of continuing professional 230
development, and one quarter hour as established by the university 231
or college shall be the equivalent of thirty hours of continuing 232
professional development.233

       Credit for seminars, workshops, or conferences offering 234
continuing education units shall be based on the units awarded by 235
the organization presenting the seminar, workshop, or conference. 236
A registrant may earn ten continuing professional development 237
hours for each continuing education unit awarded. Each hour of 238
attendance at a seminar, workshop, or conference for which no 239
continuing education units are offered shall be the equivalent of 240
one continuing professional development hour.241

       A registrant may earn two continuing professional development 242
hours for each year of service as an officer or active committee 243
member of a professional or technical society or association that 244
represents registrants or entities composed of registrants. A 245
registrant may earn ten continuing professional development hours 246
for authoring relevant published papers, articles, or books. A 247
registrant may earn ten continuing professional development hours 248
for each such published paper, article, or book. A registrant may 249
earn ten continuing professional development hours for each patent 250
award.251

       (C) A person registered as both a professional engineer and 252
professional surveyor shall complete at least five of the fifteen 253
hours required under division (A) of this section in 254
engineering-related coursework or activities and at least five of 255
those fifteen hours in surveying-related coursework or activities.256

       (D) A registrant is exempt from the requirements of this 257
section during the first calendar year of registration.258

       (E) A registrant who completes more than fifteen hours of 259
approved coursework or activities in any calendar year may carry 260
forward to the next calendar year a maximum of fifteen of the 261
excess hours.262

       (F) A registrant shall maintain records to demonstrate 263
completion of the continuing professional development requirements 264
specified in this section for a period of three calendar years 265
beyond the year in which certification of the completion of the 266
requirements is obtained by the registrant. The records shall 267
include all of the following:268

       (1) A log specifying the type of coursework or activity, its 269
location and duration along with the instructor's name, and the 270
number of continuing professional development hours earned;271

       (2) Certificates of completion or other evidence verifying 272
attendance.273

       (G) The records specified in division (F) of this section may 274
be audited at any time by the state board of registration for 275
professional engineers and surveyors. If the board discovers that 276
a registrant has failed to complete coursework or activities, it 277
shall notify the registrant of the deficiencies and allow the 278
registrant six months from the date of the notice to rectify the 279
deficiencies and to provide the board with evidence of 280
satisfactory completion of the continuing professional development 281
requirements. If the registrant fails to provide such evidence 282
within that six-month period, the board may revoke or suspend the 283
registration after offering an adjudication hearing in accordance 284
with Chapter 119. of the Revised Code.285

       Sec. 4733.16.  (A) A firm, partnership, association, limited286
liability company, or corporation may provide professional287
engineering or professional surveying services in this state as288
long as the services are provided only through natural persons289
registered to provide those services in the state, subject to the290
exemptions in sections 4733.17 and 4733.18 of the Revised Code and291
subject otherwise to the requirements of this chapter.292

       (B) No firm, partnership, association, limited liability293
company, or corporation, except a corporation that was granted a294
charter prior to August 7, 1943, to engage in providing295
professional engineering or professional surveying services in296
this state or that was otherwise lawfully providing engineering297
services in this state prior to November 15, 1982, shall engage in298
providing professional engineering or professional surveying299
services, hold itself out to the public as being engaged in300
providing professional engineering or professional surveying301
services, or use a name including one or more of the words302
"engineer," "engineering," "surveyor," or "surveying" or any303
modification or derivation of those words, unless the firm,304
partnership, association, limited liability company, or305
corporation obtains a certificate of authorization from the state306
board of registration for professional engineers and surveyors and307
files all information required to be filed under this section with308
the state board of registration for professional engineers and309
surveyors and otherwise complies with all requirements of this310
chapter. A nonprofit membership corporation may use a name311
including one or more of the words "engineer," "engineering,"312
"surveyor," or "surveying" or any modification or derivation of313
those words without complying with this section.314

       (C) A corporation may be organized under Chapter 1701. of the 315
Revised Code, a professional association may be organized under 316
Chapter 1785. of the Revised Code, or a limited liability company 317
may be formed under Chapter 1705. of the Revised Code for the 318
purpose of providing professional engineering, professional319
surveying, architectural, or landscape architectural services or320
any combination of those services. A corporation organized under321
Chapter 1701. of the Revised Code for the purpose of providing322
those services also may be organized for any other purpose in323
accordance with that chapter.324

       (D) Each firm, partnership, association, limited liability325
company, or corporation through which professional engineering or326
professional surveying services are offered or provided in this327
state shall designate one or more full-time partners, managers, 328
members, officers, or directors as being responsible for and in 329
responsible charge of the professional engineering or professional 330
surveying activities and decisions, and those designated persons 331
shall be registered in this state. In the case of a corporation 332
holding a certificate of authorization provided for in division 333
(E) of this section, at least one of the persons so designated 334
shall be a director of the corporation. Each firm, partnership, 335
association, limited liability company, or corporation shall336
annually file with the state board of registration for337
professional engineers and surveyors the name and address of all 338
owners and all persons designated as being in responsible charge 339
of the professional engineering or professional surveying 340
activities and decisions and any other information the board may 341
require.342

       (E) The state board of registration for professional343
engineers and surveyors shall issue a certificate of authorization344
to each firm, partnership, association, limited liability company,345
or corporation that satisfies the requirements of this chapter,346
including providing information that the board may require347
pursuant to division (D) of this section.348

       (F) This section does not modify any law applicable to the349
relationship between a person furnishing a professional service350
and a person receiving that service, including liability arising351
out of that service.352

       (G) Nothing in this section shall restrict or limit in any353
manner the authority or duty of the state board of registration354
for professional engineers and surveyors with respect to natural355
persons providing professional services or any law or rule356
pertaining to standards of professional conduct.357

       (H) Corporations, partnerships, associations, limited358
liability companies, or firms organized under the laws of another359
state or country wishing to provide professional engineering or360
professional surveying services shall obtain a certificate of361
authorization and meet the applicable requirements of this362
section.363

       Section 2. That existing sections 4703.02, 4703.13, 4703.33, 364
4703.36, 4733.15, and 4733.16 of the Revised Code are hereby 365
repealed.366