Report Title:

Continuing Education of Design Professionals

Description:

Authorizes the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects to adopt mandatory continuing education requirements.

HOUSE OF REPRESENTATIVES

H.B. NO.

93

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the continuing education of design professionals.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that there is a continual evolution of design issues, such as indoor air quality, building security, energy efficiency, and accessibility for persons with disabilities. To ensure that construction in Hawaii meets high standards of health and public safety, it is imperative that design professionals continually upgrade their knowledge and become aware of changes in the design field. Continuing education for design professionals will also facilitate reciprocal licensing between Hawaii and other jurisdictions, which are increasingly adopting mandatory continuing education requirements. A progressively educated pool of design professionals will strengthen Hawaii's competitive economic position as an exporter of design services beyond the State and nation.

Accordingly, the purpose of this Act is to amend chapter 464, Hawaii Revised Statutes, to authorize the board of professional engineers, architects, surveyors, and landscape architects to adopt mandatory continuing education requirements to meet national standards that apply to the various design professions under its jurisdiction.

SECTION 2. Section 464-9, Hawaii Revised Statutes, is amended to read as follows:

"§464-9 Applications for and certificates of licensure; renewal; fees[.]; continuing education. (a) Application for licensure shall be made upon a form prescribed by the board and shall be signed by the applicant. With each application there shall be paid to the board [an] a nonrefundable application fee[, the fee to be nonreturnable after the application has been entered in the records of the board].

For each examination, or repetition thereof in whole or in part as shall be limited or permitted by the rules of the board, the candidate shall pay to the board an examination fee; provided where the candidate is eligible to take only that part of the examination pertaining to engineering fundamentals the candidate shall pay the appropriate fee. The fee paid shall not be refundable; provided if a candidate after having paid the fee is unable for any reason beyond the candidate's control to participate in the examination, the board may extend the time of the candidate's participation to the next regular examination date and credit the candidate the amount of the fee paid.

(b) Upon qualifying for licensure, the applicant shall pay a license fee, and upon receipt thereof by the board shall thereupon be licensed as a professional engineer, architect, land surveyor or landscape architect, and shall receive a certificate thereof from the board signed by the chairperson [and secretary]. Every licensed person [licensed] who, as an individual or as a member of a firm or corporation, [conducts] maintains an office or other place of business for the practice of the profession, shall display the original certificate in a conspicuous manner[,] in the principal office or place of business.

(c) Every license expires on April 30 of each even-numbered year following its issuance and becomes invalid after that date unless renewed. [At] The secretary of the board, at least one month in advance of the date of expiration of the license, shall mail a notice [shall be mailed] to every person licensed under this [section] chapter, informing them of the date of expiration and the amount required for the renewal. Licenses that have expired for failure to pay renewal fees on or before the date required in this subsection may be restored within two years of the expiration date upon payment of a fee for each renewal. Any person who fails to restore the person's license within two years of the date of its expiration shall reapply for licensure[.] as a new applicant.

(d) The board may require continuing professional education as a requirement for license renewal under this chapter; provided that:

(1) The board shall establish any continuing professional education requirement by rule;

(2) The board shall specify the number of required credit hours and types of acceptable courses by rule;

(3) The board may randomly audit a licensee's credit hours, continuing professional education courses, and seminars, and shall establish guidelines for random audits by rule;

(4) A licensee whose license may not be renewed because of failure to comply with a continuing professional education requirement shall have two years from the expiration date of the license to restore the license by complying with all applicable continuing professional education requirements and paying the appropriate renewal and penalty fee. After the two-year restoration period the licensee shall be required to apply as a new applicant."

SECTION 3. Any continuing professional education requirement shall first be implemented for the profession of architecture, prior to any requirement for other design professions within the board's jurisdiction that currently lack widely-recognized national standards for continuing education.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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