Chapter 420

2007 -- S 0551 SUBSTITUTE A

Enacted 07/07/07

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - ENGINEERS

Introduced By: Senator Dennis L. Algiere

Date Introduced: February 15, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-8-2, 5-8-3, 5-8-4, 5-8-11, 5-8-12, 5-8-13, 5-8-15, 5-8-18 and 5-

8-21 of the General Laws in Chapter 5-8 entitled "Engineers" are hereby amended to read as

follows:

5-8-2. Definitions. -- As used or within the intent of this chapter:

      (a) "Accredited program" means specific engineering curricula within established

institutions of higher learning that have both met the criteria of, and have been designated by, the

Engineering Accreditation Commission of the Accreditation Board for Engineering and

Technology, Inc. (ABET- EAC).

      (b) "Board" means the state board of registration for professional engineers subsequently

provided by this chapter.

      (c) "Engineer" means a person who, by reason of his or her special knowledge and use of

the mathematical, physical, and engineering sciences and the principles and methods of

engineering analysis and design, acquired by engineering education and engineering experience,

is qualified to practice engineering, as subsequently defined, and as attested by his or her

registration as an engineer.

      (d) "Engineer-in-training" means a person who complies with the requirements for

education, experience, and character, and has passed an examination in the fundamental

engineering subjects, as provided in sections 5-8-11 and 5-8-13.

      (e) "National Council of Examiners for Engineering and Surveying (NCEES)" is a

nationally recognized organization which assists state boards and territorial boards to better

discharge their duties and responsibilities in regulating the practice of engineering and land

surveying.

      (f) (1) "Practice of engineering" means any service or creative work, the adequate

performance of which requires engineering education, training, and experience in the application

of special knowledge of the mathematical, physical, and engineering sciences to services or

creative work such as consultation, investigation, evaluation surveys, planning and design of

engineering systems, and the supervision of construction for the purpose of assuring compliance

with specifications; and embracing those services or work in connection with any public or

private utilities, structures, buildings, machines, equipment, processes, work, or projects in which

the public welfare or the safeguarding of life, health, or property is concerned.

      (2) Any person shall be construed to practice or offer to practice engineering, within the

meaning and intent of this chapter, who:

      (i) Practices any branch of the profession of engineering;

      (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents

himself or herself to be an engineer, or through the use of some other title implies that he or she is

an engineer or that he or she is registered under this chapter; or

      (iii) Holds himself or herself out as able to perform, or who does perform any

engineering service or work or any other service designated by the practitioner or recognized as

engineering.

      (g) "Professional engineer" means a person who has been registered and licensed by the

state board of registration for professional engineers.

      (h) "Responsible charge" means direct control and personal supervision of engineering

work.

      (i) "Rules and regulations" means that document of the same title, as amended from time

to time, that has been adopted by the board and filed with the secretary of state in accordance

with sections 42-35-3(a), 42-35-4(b), and 5-8-8.

5-8-3. Board -- Creation -- Duties -- Composition -- Appointments -- Terms. -- (a)

The duty of the board of engineers is to administer those provisions of this chapter that relate to

the regulation of professional engineering and the registration of professional engineers.

      (b) The board of engineers shall establish any rules and regulations for the conduct of its

own proceedings, for examination of applicants, for registration of professional engineers and

engineers-in-training, for continuing education requirements, for conducting disciplinary

proceedings to include investigating complaints to the board and for governing the practice of

engineering all that it deems appropriate.

      (c) (1) Members of the board are subject to the provisions of chapter 14 of title 36. The

board consists of five (5) persons, who are appointed by the governor, and must have the

qualifications required by section 5-8-4. Each member of the board shall receive a certificate of

his or her appointment from the governor and shall file with the secretary of state his or her

written oath or affirmation for the faithful discharge of his or her official duty. Appointments to

the board shall be in the manner and for a period of time that the term of each member expires at

a different time. On the expiration of the term of any member, the governor shall in the manner

previously provided appoint for a term of five (5) years a registered professional engineer having

the qualifications required in section 5-8-4. A member may be reappointed to succeed himself or

herself, but shall not serve more than two (2) full consecutive terms. Each member may hold

office until the expiration of the term for which appointed or until a successor has been appointed

and has qualified.

      (2) The board shall designate and establish a system of registration by discipline not later

than December 31, 1994, and shall subsequently administer that registration system.

      (3) The registration system shall provide, at a minimum, for the registration of:

      (i) Civil engineers;

      (ii) Chemical engineers;

      (iii) Electrical engineers; and

      (iv) Mechanical engineers.;

(v) Structural engineers;

(vi) Environmental engineers; and

(vii) Fire protection engineers.

      (4) The board may establish additional classifications by rule and regulation.

      (5) Classification of disciplines shall conform to the standards established by the

NCEES. Nothing in this section shall be construed to limit the registration of a qualified applicant

to only one discipline.

      (d) The board shall annually provide a written report to the director of the department of

business regulation presenting a summary of all fees collected, a list of all individuals registered,

a summary of all disciplinary actions taken, and the disposition of all complaints made to the

board. After reviewing the board's report, the director shall submit a copy of the report with his or

her comments on the performance of the board, its compliance with this chapter and the director's

recommendations, to the governor, the general assembly, and the board.

5-8-4. Board -- Member qualifications. -- The board of engineers shall consist of five

(5) persons. All five (5) persons must be professional engineers registered in Rhode Island, one of

whom may also be a professional land surveyor registered in the state. Each member of the board

must be a qualified elector of this state for three (3) consecutive years prior to appointment. Each

member shall have been engaged in the lawful practice of engineering for at least twelve (12)

years and been in responsible charge of engineering work for at least five (5) years. The

professional engineer members of the state board of registration for professional engineers

serving on February 1, 1991, shall complete their terms of appointment. Upon the expiration of

their terms, the governor may make subsequent appointments as subsequently provided.

5-8-11. General requirements for registration or certification. -- (a) Engineer or

engineer-in-training. - To be eligible for registration as a professional engineer or certification as

an engineer-in-training, an applicant must be of good character and reputation and shall submit

five (5) references with his or her application for registration, three (3) of which references shall

be registered engineers having personal knowledge of his or her engineering experience, or in the

case of an application for certification as an engineer-in-training, by three (3) character

references.

      (b) The following shall be considered minimum evidence satisfactory to the board that

the applicant is qualified for registration as a professional engineer or for certification as an

engineer-in-training, respectively:

      (1) As a professional engineer:

      (i) Registration by endorsement. - (A) A person holding a current certificate of

registration to engage in the practice of engineering, on the basis of comparable written

examinations, issued to him or her by either a proper authority of a state, territory, or possession

of the United States, the District of Columbia, or of any foreign country, and whose qualifications

meets the requirements of this chapter, based on verified evidence may, upon application, be

registered without further examination.

      (B) A person holding a certificate of qualification issued by the National Council of

Examiners for Engineering and Surveying, whose qualifications meet the requirements of this

chapter, may, upon application, be registered without further examination, provided he or she is

qualified.

      (ii) Graduation from an accredited program, experience and examination. - A graduate of

or senior enrolled in an ABET-EAC accredited engineering curriculum of four (4) years or more

approved by the board as being of satisfactory standing, shall be admitted to an eight (8) hour

written examination in the fundamentals of engineering. Upon passing this examination and

obtaining a specific record of a minimum of four (4) years of experience in engineering work of a

grade and character which indicates to the board that the applicant may be competent to practice

engineering, the applicant may be admitted to an eight (8) hour written examination in the

principles and practice of engineering. The graduate having a specific record of twelve (12) years

or more of experience in engineering work of a grade and character which indicates to the board

that the applicant may be competent to practice engineering, shall be admitted to an eight (8) hour

written examination in the principles and practice of engineering. Upon passing that examination,

the applicant shall be granted a certificate of registration to practice engineering in this state,

provided he or she is qualified.

      (iii) Graduation from a non-accredited program, experience, and examination. - A

graduate of or senior enrolled in an engineering curriculum of four (4) years or more other than

those approved by the board as being of satisfactory standing shall be admitted to an eight (8)

hour written examination in the fundamentals of engineering. Upon passing this examination and

obtaining a specific record of a minimum of four (4) years of experience in engineering work of a

grade and character which indicates to the board that the applicant may be competent to practice

engineering, the applicant may be admitted to an eight (8) hour written examination in the

principles and practice of engineering. Upon passing these examinations, the applicant shall be

granted a certificate of registration to practice engineering in this state, provided he or she is

qualified.

      (iv) Teaching. - Engineering teaching in a college or university offering an ABET-EAC

accredited engineering curriculum of four (4) years or more may be considered as engineering

experience.

      (v) Engineers previously registered. - Each engineer holding a certificate of registration

and each engineer-in-training under the laws of this state as previously in effect shall be deemed

registered as an engineer or engineer-in-training as appropriate under this chapter.

      (2) As an engineer-in-training: the following is considered as minimum evidence that the

applicant is qualified for certification as an engineer in training:

      (i) Graduation and examination. - A graduate of an ABET-EAC accredited engineering

curriculum of four (4) years or more who has passed the board's eight (8) hour written

examination in the fundamentals of engineering shall be certified or enrolled as an engineer-in-

training, if he or she is qualified.

      (ii) Graduation from a non-accredited program and examination. - A graduate of a non-

accredited engineering curriculum of four (4) years or more who has passed the board's eight (8)

hour written examination in the fundamentals of engineering and has obtained two (2) years of

engineering experience of a grade and character approved by the board shall be certified and

enrolled as an engineer in training, if he or she is qualified.

      (iii) Duration of engineer in training certification. - The certification or enrollment of an

engineer in training shall be valid for a minimum period of twelve (12) years.

5-8-12. Form of application for registration or certification -- Registration,

certification, and enrollment fees. -- (a) Application for registration as a professional engineer

or land surveyor or certification as an engineer-in-training shall:

      (1) Be on a form prescribed and furnished by the board;

      (2) Contain statements made under oath, showing the applicant's education and a

detailed summary of his or her technical experience, and

      (3) Contain references as prescribed in section 5-8-11, none of whom may be members

of the board.

      (b) The application and reexamination fees for professional engineers shall be one

hundred dollars ($100) set by the board in an amount to cover the charges and expenses of

examination and scoring, and shall accompany the application.

      (c) The fee for engineer-in-training certification or enrollment shall be forty dollars

($40.00) set by the board in an amount to cover the charges and expenses of examination and

scoring, and shall accompany the application.

      (d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall

be retained as an application fee.

5-8-13. Examinations. -- (a) Written examinations shall be held twice each year at the

times and places that the board determines. Examinations required on fundamental engineering

subjects may be taken as provided in section 5-8-11. The principles and practice examinations

may not be taken until the applicant has completed a period of engineering experience as

prescribed in section 5-8-11.

      (b) The passing grade on any examination shall not be less than seventy percent (70%) as

established by NCEES. A candidate failing one examination may apply for reexamination, which

may be granted upon payment of a fee of one hundred dollars ($100) to cover the charges and

expenses of examination and scoring. Any candidate for registration having an average grade of

less than fifty percent (50%) may not apply for reexamination for one year. Any candidate for

certification or registration failing an examination three (3) or more times must appear before the

board in person to request permission to be reexamined in accordance with the board's rules and

regulations.

5-8-15. Expiration and renewal of certificates of registration. -- (a) Certificates of

registration shall expire on the last day of the month of June following their issuance and become

invalid after that date unless renewed. It is the duty of the board to notify every person registered

under this chapter of the date of the expiration of his or her certificate, and the amount of the fee

required for its renewal. The notice shall be mailed to the registrant at his or her last known

address at least one month in advance of the date of the expiration of the certificate.

      (b) Renewal may be effected at any time prior to or during the month of June by the

payment of a fee in an amount of one hundred twenty-five dollars ($125) set by the board in an

amount not less than one hundred twenty-five dollars ($125), but not to exceed one hundred fifty

dollars ($150). Renewal of an expired certificate may be effected within a period of three (3)

years, provided evidence is submitted to the board attesting to the continued competence and

good character of the applicant. In the event renewal is not made before the end of the third year,

the board may require any reexamination that it deems appropriate. The amount to be paid for

that renewal is the annual fee of one hundred twenty-five dollars ($125) set by the board in an

amount not to exceed one hundred fifty dollars ($150) times the number of years the applicant has

been delinquent, plus a penalty of sixty dollars ($60.00) per delinquent year.

5-8-18. Suspension, refusal to renew, and revocation of certificates -- Complaints --

Hearings. -- (a) After notice and a hearing as provided in this section, the board may in its

discretion: (1) suspend, revoke, or refuse to renew any certificate of registration; (2) revoke or

suspend or refuse to renew any certificate of authorization; (3) publicly censure, or reprimand or

censure in writing; (4) limit the scope of practice of; (5) impose an administrative fine upon, not

to exceed one thousand dollars ($1,000) for each violation; (6) place on probation; and/or (7) for

good cause shown order a reimbursement of the board for all fees, expenses, costs, and attorneys

fees in connection with the proceedings, which amounts shall be deposited as general revenues;

all with or without terms, conditions or limitations, holders of a certificate of registration or a

certificate of authorization, referred to as licensee(s), for any one or more of the causes set out in

subsection (b) of this section.

      (b) The board may take actions specified in subsection (a) of this section for any of the

following causes:

      (1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or

certificate of authorization;

      (2) Practicing engineering in another state or country or jurisdiction in violation of the

laws of that state or country or jurisdiction;

      (3) Practicing engineering in this state in violation of the standards of professional

conduct established by the board;

      (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the

practice of engineering;

      (5) Use of an engineer's stamp in violation of section 5-8-14;

      (6) Violation of any of the provisions of this chapter;

      (7) Suspension or revocation of the right to practice engineering before any state or

before any other country or jurisdiction;

      (8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of,

or an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses

involving moral turpitude, in a court of competent jurisdiction of this state or any other state or of

the federal government;

      (9) Failure to furnish to the board or any person acting on behalf of the board in a

reasonable time any information that may be legally requested by the board;

      (10) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

conduct reflecting adversely upon the licensee's fitness to engage in the practice of engineering;

and

      (11) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

other conduct discreditable to the engineering profession.

      (c) Any person may file complaints of fraud, deceit, gross negligence, incompetence, or

misconduct against any registrant. Those charges shall be in writing, sworn to by the person or

persons making them and filed with the board.

      (d) All charges, unless dismissed by the board as unfounded or trivial, shall be heard by

the board within three (3) six (6) months after the date on which they have been properly filed or

within six (6) months following resolution of similar charges that have been brought against a

registrant who is before another regulatory body.

      (e) The time and place for the hearing pursuant to subsection (d) of this section shall be

fixed by the board, and a copy of charges, together with a notice of the time and place of hearing,

shall be personally served on or mailed to the last known address of the registrant, at least thirty

(30) days before the date fixed for the hearing. At any hearing, the accused registrant shall have

the right to appear personally and/or by counsel, to cross-examine witnesses appearing against

him or her, and to produce evidence and witnesses in his or her own defense.

      (f) If, after the hearing pursuant to subsection (d) of this section, the evidence is in favor

of sustaining the charges, the board may in its discretion suspend, refuse to renew, or revoke the

certificate of registration or certificate of authorization, or publicly censure the licensee, or take

any other action and/or order any other penalty permitted by this section. The board, for reasons it

deems sufficient, may reissue a certificate of registration or certificate of authorization or renewal

to any person or firm whose certificate has been revoked.

      (g) In addition, the board may on its own motion investigate the conduct of an applicant,

engineer, sole proprietorship, partnership, limited liability partnership, corporation, limited

liability company or individual.

5-8-21. Exemptions. -- This chapter shall not be construed to prevent or to affect:

      (1) Temporary certificates of registration.

      (i) Nonresidents. - The practice or offer to practice of engineering by a person not a

resident of or having no established place of business in this state, when that practice does not

exceed in the aggregate more than thirty (30) days in any calendar year; provided, the person is

legally qualified by registration to practice engineering, as defined in section 5-8-2(f), in his or

her own state or country. The person shall make application to the board, in writing, and after

payment of a fee of one hundred and fifty dollars ($150) set by the board in an amount not to

exceed two hundred dollars ($200) may be granted a written temporary certificate of registration

for a definite period of time to do a specific job; provided, no right to practice engineering

accrues to an applicant as to any work not prescribed in the temporary certificate.

      (ii) Recent arrivals in state. - The practice of a person not a resident of and having no

established place of business in this state, or who has recently become a resident of the state,

practicing or offering to practice engineering in the state for more than thirty (30) days in any

calendar year, if he or she has filed with the board an application for a certificate of registration

and has paid the fee required by this chapter; provided, that the person is legally qualified by

registration to practice engineering in his or her own state or country. That practice shall continue

only for the time that the board requires for the consideration of the application for registration.

      (2) Employees and subordinates. - The work of an employee or a subordinate of a person

holding a certificate of registration under this chapter, or an employee of a person practicing

lawfully under paragraph (1)(ii) of this section; provided, that work does not include final

engineering designs or decisions and is done under the direct supervision of or checked by a

person holding a certificate of registration under this chapter or a person practicing lawfully under

subdivision (1) of this section.

      (3) Partnership, limited liability partnership, corporate and limited liability company

practice. - The practice or offer to practice of engineering as defined by this chapter by individual

registered professional engineers through a partnership, limited liability partnership, corporation,

joint stock company, or limited liability company, or by a partnership, limited liability

partnership, corporation, limited liability company, or joint stock company, through individual

registered professional engineers as agents, employees, officers, or partners or members or

managers, provided, that they are jointly and severally liable for their professional acts; and

provided, that all personnel of that partnership, limited liability partnership, joint stock company,

corporation or limited liability company who act in its behalf as engineers in the state are

registered under this chapter or are persons practicing lawfully or are exempt under subdivision

(2) or (3) of this section. Each partnership, limited liability partnership, joint stock company,

corporation or limited liability company providing engineering services is jointly and severally

liable with the individually registered professional engineers, and all final plans, designs,

drawings, specifications, and reports involving engineering judgment and discretion, when issued,

shall be dated and bear the seals and signatures of the engineers who prepared them.

      (4) Federal employees. - The practice by officers and employees of the government of

the United States while engaged within this state in the practice of engineering for that

government; provided, that no right to practice engineering accrues to those persons as to any

other engineering work. The rights to registration after leaving government employment shall not

be granted except under the provisions established under section 5-8-11.

      (5) Railroad, telephone, telegraph, and other public utility companies. - The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; and provided, that no right to practice engineering accrues to any

unregistered person as to any other engineering work.

      (6) Manufacturing corporations. - The practice of engineering, as prescribed in this

chapter, by manufacturing corporations, and their officers and employees while engaged in

manufacturing, research and development activities for those corporations.

      (7) Research and development corporations. - The practice of engineering, as prescribed

in this chapter, by research and development corporations, and their officers and employees while

engaged in research and development activities for that corporation.

      (8) Other professions. - The practice of architecture, landscape architecture, or land

surveying.

     SECTION 2. This act shall take effect upon passage.

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LC02143/SUB A

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