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Recommended Licensure Act Contents
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RECOMMENDED CONTENTS FOR A GEOLOGIST LICENSURE ACT
(language and definitions can be found in the various model acts, and in state licensure laws)

Definitions:

  • Board
  • Department
  • Director (or title of person in responsible charge of agency administering program)
  • Engineering Geologist
  • Engineering Geology
  • Geologist
  • Geology
  • Hydrogeologist
  • Hydrogeology
  • Licensed Specialty Geologist
  • Practice of Engineering Geology
  • Practice of Geology
  • Practice of Geology for Others (this is actually what is being licensed)
  • Practice of Hydrogeology
  • Responsible Charge
  • Specialty
  • Subordinate

Section, defining when a license is required

Section creating geologist licensing board, including:

  • Membership
  • Requirements for initial appointments
  • Requirements for subsequent appointments
  • Lengths of terms (preferably, initial terms are staggered in length to allow for the term of one member at a time to expire)
  • Board member compensation

Director’s authority

Board’s authority

Requirements for licensure:

  • Education
  • Experience
  • Examination
  • First-year qualifications without examination (“grandparenting”)
  • Licensure without examination (already passed examination for licensure in another state – “reciprocity”)

Fees (strongly recommend fees be delegated to Director or Board, and not established under law, to eliminate MANY future headaches):

  • Application for licensure
  • Examination
  • Renewal
  • Reinstatement

Geologists’ account

  • This is a dedicated fund, into which all fees are paid and from which all expenses are paid.  Establishment of a geologists’ account eliminates all of the issues and concerns related to the states’ general fund.

Unprofessional Conduct

  • List of general types (these should be spelled out in more detail when rules are prepared)
  • Complaints
  • Prohibited acts – civil infractions (violations of licensure laws are not considered to be criminal in most jurisdictions)
  • Suspension due to non-compliance with a child support order (required under federal law)
  • Injunctive authority (usually given to board or director)

List of activities not requiring licensure

  • Geological work performed by a subordinate or employee of a licensed geologist
  • Geological work performed internally for a company (not for use by others outside company)
  • US employees (federal authority supersedes stated law)
  • Academic research
  • Teaching geology
  • Practice of other licensed professions (needs careful wording, must exclude use of titles “geologist”, “engineering geologist,” “hydrogeologist,” other specialty geologists, etc.
  • General scientific work, as long as it does not include geological work or drawing of geological conclusions and recommendations.
  • Giving of testimony, as long as testimony or exhibits do not imply person is licensed.

Implementation schedule

Click >> Guidelines for preparing a geologist licensure act

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