Recommended Licensure Act Contents

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):

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