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Sub. H. B. No. 322 As Reported by the Committee of ConferenceAs Reported by the Committee of Conference
125th General Assembly | Regular Session | 2003-2004 |
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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, 4733.15, and 4733.16 and to enact section 4733.151 of the Revised Code to increase the annual renewal of registration fee for professional engineers and professional surveyors, to implement continuing professional development requirements for registration renewals of professional engineers and surveyors beginning in calendar year 2008, to modify requirements concerning the type of professional designated to be responsible for decisions of a professional engineering or professional surveying business, and to authorize the State Board of Examiners of Architects and the State Board of Landscape Architect Examiners to adopt rules pertaining to continuing education requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4703.02, 4703.13, 4703.33, 4703.36, 4733.15, and 4733.16 be amended and section 4733.151 of the Revised Code be enacted to read as follows:
Sec. 4703.02. The state board of examiners of architects
shall organize by electing from its membership a president and a
secretary, and also a vice-president and an assistant secretary,
who shall act during absence or disability of the president or
secretary respectively. The board shall adopt all necessary rules, regulations, and
bylaws, not inconsistent with sections 4703.01 to 4703.19 of the
Revised Code, and the constitutions and laws of this state or of
the United States, to govern its times and places of meeting for
organization and reorganization, for the holding of examinations,
and for fixing the length of the term of its officers. The
board, under Chapter 119. of the Revised Code, may adopt,
promulgate, and enforce rules governing the standards of
education, service, conduct, and practice to be followed in the
practice of the profession of architecture in the state,
including rules for the enforcement of sections 4703.01 to
4703.19 of the Revised Code. The board shall include among the rules
adopted governing the standard standards of practice, requirements regarding financial
responsibility and professional liability insurance. The board may adopt rules pertaining to the satisfactory completion of continuing education requirements. If the board adopts rules pertaining to continuing education requirements, the board shall specify in the rules that the continuing education requirements may be satisfied by coursework or activities dealing with technical, ethical, or managerial topics relevant to the practice of architecture and that a registrant may earn continuing professional education hours by completing or teaching university or college level coursework; attending seminars, workshops, or conferences; authoring relevant published papers, articles, or books; receiving patent awards; actively participating in professional or technical societies serving the architecture profession, or actively participating in any other activity deemed relevant by the board. If the board adopts rules pertaining to continuing education requirements, the board shall, in general, follow model continuing education recommendations established by the national council of architectural registration boards or a similar successor organization. The board shall hold examinations not less than once
annually, and shall issue to each successful applicant a
certificate of qualification to practice architecture, and shall
impress on each certificate issued the seal of the board. The secretary of the board shall be responsible for keeping
a true and complete record of all proceedings of the board. The
board may employ an executive secretary, investigators, and such
clerical assistance as it determines necessary.
Sec. 4703.13. (A) Each architect holding who holds a certificate of
qualification under sections 4703.01 to 4703.19 of the Revised
Code and who desires to continue the practice of architecture
shall, before or during the month of December
of each odd-numbered year, make application, together with the renewal
fee provided in section 4703.16 of the Revised Code, for a renewal of
the certificate, and demonstrate satisfactory completion of any applicable continuing education requirements adopted by the state board of examiners of architects under section 4703.02 of the Revised Code. The renewal shall be pursuant to the standard
renewal procedure of sections 4745.01 to 4745.03 of the Revised
Code, except that renewal is required in each odd-numbered year
instead of annually. Each certificate shall be renewed for a term of
two years, and the renewal shall be recorded in
the official register of the board. (B) Each holder of a certificate of authorization to
provide architectural services shall, before or during the month
of each June preceding the year the holder desires to continue to
provide architectural services, make application, together with
the renewal fee provided in section 4703.16 of the Revised Code,
for a renewal of the certificate. Each certificate shall be
renewed for a term of one year except as provided in section
4703.12 of the Revised Code. Sec. 4703.33. (A) The state board of landscape architect
examiners, in accordance with Chapter 119. of the Revised Code, may adopt,
amend, and enforce rules
governing the
standards for education, experience, services,
conduct, and
practice to be followed in the practice of the
profession of
landscape architecture in accordance with Chapter
119. of the
Revised Code and rules pertaining to the satisfactory completion of continuing education requirements. If the board adopts rules pertaining to continuing education requirements, the board shall specify in the rules that the continuing education requirements may be satisfied by coursework or activities dealing with technical, ethical, or managerial topics relevant to the practice of landscape architecture and that a registrant may earn continuing professional education hours by completing or teaching university or college level coursework; attending seminars, workshops, or conferences; authoring relevant published papers, articles, or books; receiving patent awards; actively participating in professional or technical societies serving the landscape architecture profession, or actively participating in any other activity deemed relevant by the board. If the board adopts rules pertaining to continuing education requirements, the board shall, in general, follow model continuing education recommendations established by the council of landscape architectural registration boards or a similar successor organization. (B) The board shall hold examinations not less than once
annually and shall register as a landscape architect each
applicant who demonstrates to the satisfaction of the board that
the applicant has met all the requirements of section 4703.34
of
the Revised
Code. (C) The board shall issue to each individual registered
pursuant to this section a certificate of qualification. (D) The board shall appoint at least one of its members as
a
delegate to each regional and annual meeting of the council of
landscape architectural registration boards.
Sec. 4703.36. (A) The state board of landscape architect
examiners shall register as a landscape architect each applicant
who demonstrates to the satisfaction of the board that the
applicant has met all requirements of section 4703.34 of the
Revised Code or, in lieu thereof, has complied with
section
4703.35 of the Revised Code.
The
certificate issued to each
individual shall be prima-facie
evidence of the right of the
individual to whom it is issued to
represent self as a landscape
architect and to enter the
practice
of landscape architecture,
subject to sections 4703.30
to 4703.49
of the Revised Code. (B) Each certificate of qualification issued and
registered
shall authorize the holder to practice landscape
architecture as a
landscape architect in this state until the last day of
October of
each odd-numbered calendar year, unless revoked or
suspended for
cause as provided in this chapter or suspended pursuant to
section
3123.47 of the
Revised Code. License renewal shall be conducted
in accordance with the
standard license renewal procedure in
Chapter 4745. of the Revised Code. Each applicant for license renewal shall demonstrate satisfactory completion of any continuing education requirements the state board of landscape architect examiners adopts under section 4703.33 of the Revised Code. Each
renewal shall be recorded
in the official register of the board. (C) Each person registered by the board shall secure a
seal
of the design prescribed by the board. All plans,
specifications,
drawings, and other documents prepared by, or
under the direct
supervision of, the landscape architect shall be
imprinted with
the seal in accordance with the requirements of
the board. (D) Each certificate of authorization issued under
division
(F) of section 4703.331 of the Revised Code shall
authorize the
holder to provide landscape architectural services,
through the
landscape architect designated as being in
responsible charge of
the landscape architectural activities and
decisions, from the
date of issuance until the last day of June
next succeeding the
date upon which the certificate was issued
unless the certificate
has been suspended or revoked for cause as
provided in section
4703.42 of the Revised Code. Sec. 4733.15. (A)
Registration expires annually on
the last
day of December
following
initial registration or renewal
of
registration and
becomes invalid on that date unless
renewed
pursuant to this
section and the standard renewal
procedure of
sections 4745.01 to
4745.03 of the Revised Code.
Renewal may be
effected at any time
prior to the date of
expiration for a period
of one year by the
applicant's paying payment to
the treasurer of state of a
fee of sixteen twenty
dollars for a renewal of
registration as either
a
professional engineer or
professional surveyor and, for renewals for calendar year 2008 and thereafter, demonstration of completion of the continuing professional development requirements of section 4733.151 of the Revised Code.
When notified as
required in this
section,
a
registrant's failure to renew
registration shall not deprive
the registrant of the right of
renewal
within the following
twelve months, but the fee to
renew
a
registration within twelve months after expiration
shall be
increased
fifty
per cent, and the registrant shall certify completion of continuing professional development hours as required in section 4733.151 of the Revised Code. The The state board of
registration for
professional
engineers and surveyors may, upon
request, waive the
payment of the renewal fees
of or the completion of continuing professional development requirements for a registrant
during the period when
the registrant is on active
duty in
connection with any branch of
the armed forces of the
United
States. (B) Each certificate of authorization issued pursuant to
section 4733.16 of the Revised Code shall authorize the holder to
provide
professional engineering
or professional surveying
services, through the
registered
professional engineer or
professional surveyor
designated as being
in responsible charge of
the
professional engineering
or professional surveying
practice,
from the date of issuance until the last day
of June
next
succeeding the date upon which the certificate was
issued,
unless
the certificate has been revoked or suspended for
cause as
provided in section 4733.20 of the Revised Code or has been
suspended pursuant to section 3123.47 of the Revised
Code. (C) If
a registrant fails to
renew registration within one
year from
the
date of expiration as provided under division (A) of this section, its renewal and reinstatement may be effected
under rules
promulgated by the board adopts
regarding requirements for
reexamination
or reapplication, and
reinstatement penalty fees. The board may require a registrant who fails to renew registration to complete those hours of continuing professional development required from the effective date of this section, as a condition of renewal and reinstatement if the registrant seeks renewal and reinstatement under this division on or after January 1, 2009.
Sec. 4733.151. (A) Each registrant for renewal for calendar year 2008 and thereafter shall have completed, within the preceding calendar year, at least fifteen hours of continuing professional development for professional engineers and surveyors. (B) The continuing professional development requirement may be satisfied by coursework or activities dealing with technical, ethical, or managerial topics relevant to the practice of engineering or surveying. A registrant may earn continuing professional development hours by completing or teaching university or college level coursework, attending seminars, workshops, or conferences, authoring relevant published papers, articles, or books, receiving patent awards, or actively participating in professional or technical societies serving the engineering or surveying professions.
In the case of the board disputing the content of any credit hours or coursework, then the board shall presume as a matter of law that any credit hours submitted by a registrant, or any coursework or activity submitted for approval complies with this section if submitted and a statement signed by a current registrant not otherwise participating in the event, affirms that the material is relevant to the registrant's practice and will assist the registrant's development in the profession. Credit for university or college level coursework shall be based on the credit established by the university or college. One semester hour as established by the university or college shall be the equivalent of forty-five hours of continuing professional development, and one quarter hour as established by the university or college shall be the equivalent of thirty hours of continuing professional development. Credit for seminars, workshops, or conferences offering continuing education units shall be based on the units awarded by the organization presenting the seminar, workshop, or conference. A registrant may earn ten continuing professional development hours for each continuing education unit awarded. Each hour of attendance at a seminar, workshop, or conference for which no continuing education units are offered shall be the equivalent of one continuing professional development hour. A registrant may earn two continuing professional development hours for each year of service as an officer or active committee member of a professional or technical society or association that represents registrants or entities composed of registrants. A registrant may earn ten continuing professional development hours for authoring relevant published papers, articles, or books. A registrant may earn ten continuing professional development hours for each such published paper, article, or book. A registrant may earn ten continuing professional development hours for each patent award. (C) A person registered as both a professional engineer and professional surveyor shall complete at least five of the fifteen hours required under division (A) of this section in engineering-related coursework or activities and at least five of those fifteen hours in surveying-related coursework or activities. (D) A registrant is exempt from the requirements of this section during the first calendar year of registration. (E) A registrant who completes more than fifteen hours of approved coursework or activities in any calendar year may carry forward to the next calendar year a maximum of fifteen of the excess hours. (F) A registrant shall maintain records to demonstrate completion of the continuing professional development requirements specified in this section for a period of three calendar years beyond the year in which certification of the completion of the requirements is obtained by the registrant. The records shall include all of the following: (1) A log specifying the type of coursework or activity, its location and duration along with the instructor's name, and the number of continuing professional development hours earned; (2) Certificates of completion or other evidence verifying attendance. (G) The records specified in division (F) of this section may be audited at any time by the state board of registration for professional engineers and surveyors. If the board discovers that a registrant has failed to complete coursework or activities, it shall notify the registrant of the deficiencies and allow the registrant six months from the date of the notice to rectify the deficiencies and to provide the board with evidence of satisfactory completion of the continuing professional development requirements. If the registrant fails to provide such evidence within that six-month period, the board may revoke or suspend the registration after offering an adjudication hearing in accordance with Chapter 119. of the Revised Code. Sec. 4733.16. (A) A firm, partnership, association,
limited
liability company, or corporation may provide
professional
engineering or professional surveying services in
this state as
long as the services are provided only through
natural persons
registered to provide those services in the state,
subject to the
exemptions in sections 4733.17 and 4733.18 of the
Revised Code and
subject otherwise to the requirements of this
chapter. (B) No firm, partnership, association, limited liability
company, or corporation, except a corporation that was granted a
charter prior to August 7, 1943, to engage in providing
professional engineering or
professional surveying services
in
this state or that was otherwise lawfully
providing engineering
services
in this state prior to November 15,
1982, shall
engage in
providing
professional engineering or
professional
surveying
services, hold
itself out to the public as being engaged in
providing
professional
engineering or
professional surveying
services, or use a name including
one or
more of the words
"engineer," "engineering," "surveyor,"
or
"surveying" or any
modification or derivation of those words,
unless the firm,
partnership, association, limited liability
company, or
corporation
obtains a certificate of authorization from the
state
board of registration for professional engineers and
surveyors and
files all information required to be
filed under this section with
the state board of registration for
professional engineers and
surveyors and otherwise complies with
all requirements of this
chapter. A nonprofit membership
corporation may use a name
including one or more of the words
"engineer," "engineering,"
"surveyor," or "surveying" or any
modification or derivation of
those words without complying with
this section. (C) A corporation may be organized under Chapter 1701. of
the Revised Code, a professional association may be organized
under Chapter 1785. of the Revised Code, or a limited liability
company may be formed under Chapter 1705. of the Revised Code for
the purpose of providing professional engineering, professional
surveying, architectural, or landscape architectural services or
any combination of those services. A corporation organized under
Chapter 1701. of the Revised Code for the purpose of providing
those services also may be organized for any other purpose in
accordance with that chapter. (D) Each firm, partnership, association, limited liability
company, or corporation through which professional engineering or
professional surveying services are offered or provided in this
state shall designate one or more full-time partners, managers, members,
officers, or directors as being
responsible for and in responsible
charge of the
professional engineering or professional surveying
activities and
decisions, and those designated persons shall be
registered in
this state. In the case of a corporation holding a
certificate
of
authorization
provided for in division (E) of
this
section, at
least one of the persons so designated shall be a
director of the
corporation. Each firm, partnership, association,
limited
liability company, or corporation shall
annually
file
with
the state board of registration for
professional
engineers
and
surveyors the
name
and address of
all owners and all persons
designated as
being
in
responsible charge of the professional
engineering or
professional surveying activities and decisions and
any other
information the board may require. (E) The state board of registration for
professional
engineers and surveyors
shall issue a
certificate of authorization
to
each firm, partnership,
association, limited liability company,
or corporation
that
satisfies the requirements of this chapter,
including providing
information that the board may require
pursuant to division (D) of
this section. (F) This section does not modify any law applicable to
the
relationship between a person furnishing a professional
service
and a person receiving that service, including liability
arising
out of that service. (G) Nothing in this section shall restrict or limit in
any
manner the authority or duty of the state board of
registration
for professional engineers and surveyors with respect
to natural
persons providing professional services or any law or
rule
pertaining to standards of professional conduct. (H) Corporations, partnerships, associations, limited
liability companies, or firms organized under the laws of another
state or country wishing to provide professional engineering or
professional surveying services shall obtain a certificate of
authorization and meet the applicable requirements of this
section.
Section 2. That existing sections 4703.02, 4703.13, 4703.33, 4703.36, 4733.15, and 4733.16 of the Revised Code are hereby repealed.
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