Amended in Assembly June 22, 2016

Amended in Senate April 20, 2016

Amended in Senate April 7, 2016

Senate BillNo. 1085


Introduced by Senator Roth

February 17, 2016


An act to amend Section 7841.1 of, and to add Sections 6795.2, 7881.5, and 8801.1 to, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 1085, as amended, Roth. Professional engineers:begin delete geologists:end deletebegin insert geologists and geophysicistsend insert land surveyors.

Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided.

This bill would additionally require an applicant for renewal to complete a board-administered begin insertonline end insertassessment, which includes questions to reinforce the certificate holder’s or licenseholder’s knowledge of laws applicable to his or her practice area. The bill wouldbegin delete makeend deletebegin insert authorizeend insert the failure to complete the assessment within a specified period of timebegin insert to beend insert a cause for disciplinary action. begin insertThe bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. end insertThe bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6795.2 is added to the Business and
2Professions Code
, to read:

3

6795.2.  

(a) At the time of renewal specified in Section 6795
4or 6796, the board shall administer an assessment of the certificate
5holder that includes questions to reinforce the certificate holder’s
6knowledge of state laws and the board’s rules and regulations
7relating to the practice of professional engineers. Failure to
8complete this assessment within 60 days after the date of expiration
9of the certificatebegin delete shall constitute a cause forend deletebegin insert may result inend insert
10 disciplinary action under Section 6775, but shall not affect the
11renewal of the certificate.

12(b) The crime in subdivision (j) of Section 6787 shall not apply
13to this section.

begin insert

14
(c) The board shall not charge the certificate holder a fee for
15the administration or development of the assessment.

end insert
begin insert

16
(d) For the purposes of this section, “assessment” means an
17online program that contains educational reading material and
18questions. The material shall be based on state law and the board’s
19rules and regulations related to the board’s top five violations and
20any changes or additions to existing law.

end insert
21

SEC. 2.  

Section 7841.1 of the Business and Professions Code
22 is amended to read:

23

7841.1.  

An applicant for licensure as a geophysicist shall have
24all of the following qualifications. This section shall not apply to
25applicants for licensure as geologists.

26(a) Not have committed any acts or crimes constituting grounds
27for denial of licensure under Section 480.

28(b) Meet one of the following educational requirements fulfilled
29at a school or university whose curricula meet criteria established
30by rules of the board.

P3    1(1) Graduation with a major in a geophysical science or any
2other discipline that, in the opinion of the board, is relevant to
3geophysics.

4(2) Completion of a combination of at least 30 semester hours,
5or the equivalent, in courses that, in the opinion of the board, are
6relevant to geophysics. At least 24 semester hours, or the
7equivalent, shall be in the third or fourth year, or graduate courses.

8(c) Have at least seven years of professional geophysical work
9that shall include either a minimum of three years of professional
10geophysical work under the supervision of a professional
11geophysicist, except that prior to July 1, 1973, professional
12geophysical work shall qualify under this subdivision if it is under
13the supervision of a qualified geophysicist, or a minimum of five
14years’ experience in responsible charge of professional geophysical
15work. Professional geophysical work does not include the routine
16maintenance or operation of geophysical instruments, or, even if
17carried out under the responsible supervision of a professional
18geophysicist, the routine reduction or plotting of geophysical
19observations.

20Each year of undergraduate study in the geophysical sciences
21referred to in this section shall count as one-half year of training
22up to a maximum of two years, and each year of graduate study
23or research counts as a year of training.

24Teaching in the geophysical sciences referred to in this section
25at a college level shall be credited year for year toward meeting
26the requirement in this category, provided that the total teaching
27experience includes six semester units per semester, or equivalent
28if on the quarter system, of third or fourth year or graduate courses.

29Credit for undergraduate study, graduate study, and teaching,
30individually, or in any combination thereof, shall in no case exceed
31a total of four years towards meeting the requirements for at least
32seven years of professional geophysical work as set forth above.

33The ability of the applicant shall have been demonstrated by his
34or her having performed the work in a responsible position, as the
35term “responsible position” is defined in regulations adopted by
36the board. The adequacy of the required supervision and experience
37shall be determined by the board in accordance with standards set
38forth in regulations adopted by it.

39(d) Successfully pass a written examination that shall test the
40applicant’s knowledge of state laws, rules, and regulations, and of
P4    1the principles and practices of geophysics within this state. The
2board shall administer the test on the state laws and the board’s
3rules and regulations as a separate part of the examination for
4licensure as a geophysicist.

5

SEC. 3.  

Section 7881.5 is added to the Business and Professions
6Code
, to read:

7

7881.5.  

(a) At the time of renewal specified in Section 7880
8or 7881, the board shall administer an assessment of the certificate
9holder that includes questions to reinforce the certificate holder’s
10knowledge of state laws and the board’s rules and regulations
11relating to the practice of professional geologists and geophysicists.
12Failure to complete this assessment within 60 days after the date
13of expiration of the certificatebegin delete shall constitute a cause forend deletebegin insert may
14result inend insert
disciplinary action under Section 7860, but shall not affect
15the renewal of the certificate.

16(b) The crime in subdivision (h) of Section 7872 shall not apply
17to this section.

begin insert

18
(c) The board shall not charge the certificate holder a fee for
19the administration or development of the assessment.

end insert
begin insert

20
(d) For the purposes of this section, “assessment” means an
21online program that contains educational reading material and
22questions. The material shall be based on state law and the board’s
23rules and regulations related to the board’s top five violations and
24any changes or additions to existing law.

end insert
25

SEC. 4.  

Section 8801.1 is added to the Business and Professions
26Code
, to read:

27

8801.1.  

(a) At the time of renewal specified in Section 8801
28or 8802, the board shall administer an assessment of the
29licenseholder that includes questions to reinforce the
30licenseholder’s knowledge of state laws and the board’s rules and
31regulations regulating the practice of professional land surveyors.
32Failure to complete this assessment within 60 days after the date
33of expiration of the licensebegin delete shall constitute a cause forend deletebegin insert may result
34inend insert
disciplinary action under Section 8780, but shall not affect the
35renewal of the license.

36(b) The crime in subdivision (j) of Section 8792 shall not apply
37to this section.

begin insert

38
(c) The board shall not charge the licenseholder a fee for the
39administration or development of the assessment.

end insert
begin insert

P5    1
(d) For the purposes of this section, “assessment” means an
2online program that contains educational reading material and
3questions. The material shall be based on state law and the board’s
4rules and regulations related to the board’s top five violations and
5any changes or additions to existing law.

end insert


O

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