Report Title:

Continuing Education for Design Professionals

Description:

Authorizes the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects to adopt rules requiring continuing professional education for design professionals. Clarifies licensing requirements.

THE SENATE

S.B. NO.

311

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO professional engineers, architects, surveyors, and landscape architects.

 

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

SECTION 1. The continual evolution of design issues such as indoor air quality, building security, energy efficiency, and accessibility for persons with disabilities makes it imperative that design professionals continually upgrade their knowledge and be aware of changes in the design field to ensure that construction in Hawaii meets high standards of health and public safety.

A progressively-educated corps of design professionals will strengthen Hawaii's competitive economic position as an exporter of design services beyond the State and the nation. A mandatory continuing education requirement will facilitate reciprocal licensing of design professionals, as other jurisdictions are increasingly adopting such requirements.

The purpose of this Act is to authorize the adoption of mandatory continuing education requirements for licensed design professionals in the State and to clarify licensing requirements.

SECTION 2. Section 464-7, Hawaii Revised Statutes, is amended to read as follows:

"464-7 Powers and duties of board; secretary; records. (a) In addition to any other powers and duties authorized by law, the board may compel the attendance of witnesses upon subpoena, administer oaths, take testimony, and do all other things necessary and proper to carry out this chapter in all matters within its jurisdiction. It shall adopt and have an official seal and adopt, subject to chapter 91 and with the approval of the governor and the director of commerce and consumer affairs, rules for the performance of its duties and the carrying on of its business and the enforcement of this chapter, including, but not limited to, rules which define the branches of engineering in which licensure shall be offered, clarify the qualifications needed for licensure, and set forth practice requirements. It shall have a chairperson, a vice-chairperson, and a secretary, and a quorum shall consist of not less than six members.

(b) The board shall keep a record of its proceedings and all applicants for licensure as engineers, architects, surveyors, or landscape architects, the date of application, name, educational and other qualifications, address, whether or not an examination was required, and whether or not the applicant was licensed and a certificate issued to the applicant and the date of the action. The records shall be prima facie evidence of all matters therein contained.

(c) The board may adopt rules establishing continuing professional education requirements for license renewal; provided that the rules shall:

(1) Specify the requisite credit hours and courses;

(2) Authorize and establish guidelines for random audits of licensees' credit hours by the board; and

(3) Provide that a licensee who fails to meet continuing education requirements shall have two years from the license expiration date to restore the license by fulfilling the continuing education requirement and paying renewal and penalty fees, and thereafter, must reapply as a new applicant in order to be licensed."

SECTION 3. Section 464-9, Hawaii Revised Statutes, is amended to read as follows:

"464-9 Applications for and certificates of licensure; renewal; fees. (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 [person licensed] licensee who, as an individual or as a member of a firm or corporation, conducts 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 least one month in advance of the date of expiration of the license, a notice shall be mailed to every person licensed under this section informing them of the date of expiration and the amount required for the renewal. Licenses that have expired for failure to pay renewal fees or comply with other renewal requirements 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.] renewal and any penalty fees and proof of compliance with other renewal requirements. Any person who fails to restore the person's license within two years of the date of its expiration and who seeks to be relicensed, shall reapply for [licensure.] the license as a new applicant."

SECTION 4. In exercising the rulemaking authority granted under this Act, the board of professional engineers, architects, surveyors, and landscape architects shall adopt continuing professional education requirements for architect licensees prior to adopting requirements for other licensees under the board's jurisdiction.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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