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

To amend sections 4733.15 and 4733.16 and to enact

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section 4733.151 of the Revised Code to increase

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the annual renewal of registration fee for

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professional engineers and professional surveyors,

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to implement continuing professional development

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requirements for registration renewals of

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professional engineers and surveyors beginning in

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calendar year 2008, and to modify requirements

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concerning the type of professional designated to

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be responsible for decisions of a professional

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engineering or professional surveying business.

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

Section 1. That sections 4733.15 and 4733.16 be amended and	12
section 4733.151 of the Revised Code be enacted to read as	13
follows:	14

Sec. 4733.15.  (A) Registration expires annually on the last	15
day of December following initial registration or renewal of	16
registration and becomes invalid on that date unless renewed	17
pursuant to this section and the standard renewal procedure of	18
sections 4745.01 to 4745.03 of the Revised Code. Renewal may be	19
effected at any time prior to the date of expiration for a period	20
of one year by the applicant's payingpayment to the treasurer of	21
state of a fee of sixteentwenty dollars for a renewal of	22
registration as either a professional engineer or professional	23
surveyor and, for renewals for calendar year 2008 and thereafter,	24
demonstration of completion of the continuing professional	25
development requirements of section 4733.151 of the Revised Code.	26
When notified as required in this section, a registrant's failure	27
to renew registration shall not deprive the registrant of the	28
right of renewal within the following twelve months, but the fee	29
to renew a registration within twelve months after expiration	30
shall be increased fifty per cent, and the registrant shall	31
certify completion of continuing professional development hours as	32
required in section 4733.151 of the Revised Code. The	33

The state board of registration for professional engineers	34
and surveyors may, upon request, waive the payment of the renewal	35
fees ofor the completion of continuing professional development	36
requirements for a registrant during the period when the	37
registrant is on active duty in connection with any branch of the	38
armed forces of the United States.	39

(B) Each certificate of authorization issued pursuant to	40
section 4733.16 of the Revised Code shall authorize the holder to	41
provide professional engineering or professional surveying	42
services, through the registered professional engineer or	43
professional surveyor designated as being in responsible charge of	44
the professional engineering or professional surveying practice,	45
from the date of issuance until the last day of June next	46
succeeding the date upon which the certificate was issued, unless	47
the certificate has been revoked or suspended for cause as	48
provided in section 4733.20 of the Revised Code or has been	49
suspended pursuant to section 3123.47 of the Revised Code.	50

(C) If a registrant fails to renew registration within one	51
year from the date of expirationas provided under division (A) of	52
this section, its renewal and reinstatement may be effected under	53
rules promulgated by the board adopts regarding requirements for	54
reexamination or reapplication, and reinstatement penalty fees.	55
The board may require a registrant who fails to renew registration	56
to complete those hours of continuing professional development	57
required from the effective date of this section, as a condition	58
of renewal and reinstatement if the registrant seeks renewal and	59
reinstatement under this division on or after January 1, 2009.	60

Sec. 4733.151. (A) Each registrant for renewal for calendar	61
year 2008 and thereafter shall have completed, within the	62
preceding calendar year, at least fifteen hours of continuing	63
professional development for professional engineers and surveyors.	64

(B) The continuing professional development requirement may	65
be satisfied by coursework or activities dealing with technical,	66
ethical, or managerial topics relevant to the practice of	67
engineering or surveying. A registrant may earn continuing	68
professional development hours by completing or teaching	69
university or college level coursework, attending seminars,	70
workshops, or conferences, authoring relevant published papers,	71
articles, or books, receiving patent awards, or actively	72
participating in professional or technical societies serving the	73
engineering or surveying professions.	74

In the case of the board disputing the content of any credit	75
hours or coursework, then the board shall presume as a matter of	76
law that any credit hours submitted by a registrant, or any	77
coursework or activity submitted for approval complies with this	78
section if submitted and a statement signed by a current	79
registrant not otherwise participating in the event, affirms that	80
the material is relevant to the registrant's practice and will	81
assist the registrant's development in the profession.	82

Credit for university or college level coursework shall be	83
based on the credit established by the university or college. One	84
semester hour as established by the university or college shall be	85
the equivalent of forty-five hours of continuing professional	86
development, and one quarter hour as established by the university	87
or college shall be the equivalent of thirty hours of continuing	88
professional development.	89

Credit for seminars, workshops, or conferences offering	90
continuing education units shall be based on the units awarded by	91
the organization presenting the seminar, workshop, or conference.	92
A registrant may earn ten continuing professional development	93
hours for each continuing education unit awarded. Each hour of	94
attendance at a seminar, workshop, or conference for which no	95
continuing education units are offered shall be the equivalent of	96
one continuing professional development hour.	97

A registrant may earn two continuing professional development	98
hours for each year of service as an officer or active committee	99
member of a professional or technical society or association that	100
represents registrants or entities composed of registrants. A	101
registrant may earn ten continuing professional development hours	102
for authoring relevant published papers, articles, or books. A	103
registrant may earn ten continuing professional development hours	104
for each such published paper, article, or book. A registrant may	105
earn ten continuing professional development hours for each patent	106
award.	107

(C) A person registered as both a professional engineer and	108
professional surveyor shall complete at least five of the fifteen	109
hours required under division (A) of this section in	110
engineering-related coursework or activities and at least five of	111
those fifteen hours in surveying-related coursework or activities.	112

(D) A registrant is exempt from the requirements of this	113
section during the first calendar year of registration.	114

(E) A registrant who completes more than fifteen hours of	115
approved coursework or activities in any calendar year may carry	116
forward to the next calendar year a maximum of fifteen of the	117
excess hours.	118

(F) A registrant shall maintain records to demonstrate	119
completion of the continuing professional development requirements	120
specified in this section for a period of three calendar years	121
beyond the year in which certification of the completion of the	122
requirements is obtained by the registrant. The records shall	123
include all of the following:	124

(1) A log specifying the type of coursework or activity, its	125
location and duration along with the instructor's name, and the	126
number of continuing professional development hours earned;	127

(2) Certificates of completion or other evidence verifying	128
attendance.	129

(G) The records specified in division (F) of this section may	130
be audited at any time by the state board of registration for	131
professional engineers and surveyors. If the board discovers that	132
a registrant has failed to complete coursework or activities, it	133
shall notify the registrant of the deficiencies and allow the	134
registrant six months from the date of the notice to rectify the	135
deficiencies and to provide the board with evidence of	136
satisfactory completion of the continuing professional development	137
requirements. If the registrant fails to provide such evidence	138
within that six-month period, the board may revoke or suspend the	139
registration after offering an adjudication hearing in accordance	140
with Chapter 119. of the Revised Code.	141

Sec. 4733.16.  (A) A firm, partnership, association, limited	142
liability company, or corporation may provide professional	143
engineering or professional surveying services in this state as	144
long as the services are provided only through natural persons	145
registered to provide those services in the state, subject to the	146
exemptions in sections 4733.17 and 4733.18 of the Revised Code and	147
subject otherwise to the requirements of this chapter.	148

(B) No firm, partnership, association, limited liability	149
company, or corporation, except a corporation that was granted a	150
charter prior to August 7, 1943, to engage in providing	151
professional engineering or professional surveying services in	152
this state or that was otherwise lawfully providing engineering	153
services in this state prior to November 15, 1982, shall engage in	154
providing professional engineering or professional surveying	155
services, hold itself out to the public as being engaged in	156
providing professional engineering or professional surveying	157
services, or use a name including one or more of the words	158
"engineer," "engineering," "surveyor," or "surveying" or any	159
modification or derivation of those words, unless the firm,	160
partnership, association, limited liability company, or	161
corporation obtains a certificate of authorization from the state	162
board of registration for professional engineers and surveyors and	163
files all information required to be filed under this section with	164
the state board of registration for professional engineers and	165
surveyors and otherwise complies with all requirements of this	166
chapter. A nonprofit membership corporation may use a name	167
including one or more of the words "engineer," "engineering,"	168
"surveyor," or "surveying" or any modification or derivation of	169
those words without complying with this section.	170

(C) A corporation may be organized under Chapter 1701. of the	171
Revised Code, a professional association may be organized under	172
Chapter 1785. of the Revised Code, or a limited liability company	173
may be formed under Chapter 1705. of the Revised Code for the	174
purpose of providing professional engineering, professional	175
surveying, architectural, or landscape architectural services or	176
any combination of those services. A corporation organized under	177
Chapter 1701. of the Revised Code for the purpose of providing	178
those services also may be organized for any other purpose in	179
accordance with that chapter.	180

(D) Each firm, partnership, association, limited liability	181
company, or corporation through which professional engineering or	182
professional surveying services are offered or provided in this	183
state shall designate one or more full-time partners, managers,	184
members, officers, or directors as being responsible for and in	185
responsible charge of the professional engineering or professional	186
surveying activities and decisions, and those designated persons	187
shall be registered in this state. In the case of a corporation	188
holding a certificate of authorization provided for in division	189
(E) of this section, at least one of the persons so designated	190
shall be a director of the corporation. Each firm, partnership,	191
association, limited liability company, or corporation shall	192
annually file with the state board of registration for	193
professional engineers and surveyors the name and address of all	194
owners and all persons designated as being in responsible charge	195
of the professional engineering or professional surveying	196
activities and decisions and any other information the board may	197
require.	198

(E) The state board of registration for professional	199
engineers and surveyors shall issue a certificate of authorization	200
to each firm, partnership, association, limited liability company,	201
or corporation that satisfies the requirements of this chapter,	202
including providing information that the board may require	203
pursuant to division (D) of this section.	204

(F) This section does not modify any law applicable to the	205
relationship between a person furnishing a professional service	206
and a person receiving that service, including liability arising	207
out of that service.	208

(G) Nothing in this section shall restrict or limit in any	209
manner the authority or duty of the state board of registration	210
for professional engineers and surveyors with respect to natural	211
persons providing professional services or any law or rule	212
pertaining to standards of professional conduct.	213

(H) Corporations, partnerships, associations, limited	214
liability companies, or firms organized under the laws of another	215
state or country wishing to provide professional engineering or	216
professional surveying services shall obtain a certificate of	217
authorization and meet the applicable requirements of this	218
section.	219

Section 2. That existing sections 4733.15 and 4733.16 of the	220
Revised Code are hereby repealed.	221