Amended in Assembly June 28, 2016

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: geologists andbegin delete geophysicistsend deletebegin insert geophysicists:end 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 onlinebegin delete assessment, which includes questionsend deletebegin insert assessmentend insert to reinforce the certificate holder’s or licenseholder’s knowledge of laws applicable to his or her practice area. The bill would authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The 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
5holderbegin delete that includes questionsend delete to reinforce the certificate holder’s
6knowledge of state laws and the board’s rules andbegin delete regulations
7relating to the practice of professional engineers.end delete
begin insert regulations.end insert
8 Failure to complete this assessment within 60 days after the date
9of expiration of the certificate may result in disciplinary action
10under Section 6775, but shall not affect the renewal of the
11certificate.

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

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

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 regulationsbegin delete relatedend deletebegin insert relating to the practice of professional
20engineers. The scope of the assessment shall be limitedend insert
to the
21board’s top fivebegin insert types ofend insert violationsbegin insert related to the administrative
22and procedural aspects of the practice of professional engineersend insert

23 and any changes or additions to existingbegin delete law.end deletebegin insert law related to such
24administrative and procedural aspects.end insert

25

SEC. 2.  

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

27

7841.1.  

An applicant for licensure as a geophysicist shall have
28all of the following qualifications. This section shall not apply to
29applicants for licensure as geologists.

P3    1(a) Not have committed any acts or crimes constituting grounds
2for denial of licensure under Section 480.

3(b) Meet one of the following educational requirements fulfilled
4at a school or university whose curricula meet criteria established
5by rules of the board.

6(1) Graduation with a major in a geophysical science or any
7other discipline that, in the opinion of the board, is relevant to
8geophysics.

9(2) Completion of a combination of at least 30 semester hours,
10or the equivalent, in courses that, in the opinion of the board, are
11relevant to geophysics. At least 24 semester hours, or the
12equivalent, shall be in the third or fourth year, or graduate courses.

13(c) Have at least seven years of professional geophysical work
14that shall include either a minimum of three years of professional
15geophysical work under the supervision of a professional
16geophysicist, except that prior to July 1, 1973, professional
17geophysical work shall qualify under this subdivision if it is under
18the supervision of a qualified geophysicist, or a minimum of five
19years’ experience in responsible charge of professional geophysical
20work. Professional geophysical work does not include the routine
21maintenance or operation of geophysical instruments, or, even if
22carried out under the responsible supervision of a professional
23geophysicist, the routine reduction or plotting of geophysical
24observations.

25Each year of undergraduate study in the geophysical sciences
26referred to in this section shall count as one-half year of training
27up to a maximum of two years, and each year of graduate study
28or research counts as a year of training.

29Teaching in the geophysical sciences referred to in this section
30at a college level shall be credited year for year toward meeting
31the requirement in this category, provided that the total teaching
32experience includes six semester units per semester, or equivalent
33if on the quarter system, ofbegin insert theend insert third or fourth year or graduate
34courses.

35Credit for undergraduate study, graduate study, and teaching,
36individually, or in any combination thereof, shall in no case exceed
37a total of four years towards meeting the requirements for at least
38seven years of professional geophysical work as set forth above.

39The ability of the applicant shall have been demonstrated by his
40or her having performed the work in a responsible position, as the
P4    1term “responsible position” is defined in regulations adopted by
2the board. The adequacy of the required supervision and experience
3shall be determined by the board in accordance with standards set
4forth in regulations adopted by it.

5(d) Successfully pass a written examination that shall test the
6applicant’s knowledge of state laws, rules, and regulations, and of
7the principles and practices of geophysics within this state. The
8board shall administer the test on the state laws and the board’s
9rules and regulations as a separate part of the examination for
10licensure as a geophysicist.

11

SEC. 3.  

Section 7881.5 is added to the Business and Professions
12Code
, to read:

13

7881.5.  

(a) At the time of renewal specified in Section 7880
14or 7881, the board shall administer an assessment of the certificate
15holderbegin delete that includes questionsend delete to reinforce the certificate holder’s
16knowledge of state laws and the board’s rules andbegin delete regulations
17relating to the practice of professional geologists and geophysicists.end delete

18begin insert regulations.end insert Failure to complete this assessment within 60 days
19after the date of expiration of the certificate may result in
20disciplinary action under Section 7860, but shall not affect the
21renewal of the certificate.

22(b) The crime in subdivision (h) of Section 7872 shall not apply
23to this section.

24(c) The board shall not charge the certificate holder a fee for
25the administration or development of the assessment.

26(d) For the purposes of this section, “assessment” means an
27online program that contains educational reading material and
28questions. The material shall be based on state law and the board’s
29rules and regulationsbegin delete relatedend deletebegin insert relating to the practice of professional
30geologists and geophysicists. The scope of the assessment shall
31be limitedend insert
to the board’s top fivebegin insert types ofend insert violationsbegin insert related to the
32administrative and procedural aspects of the practice of
33professional geologists and geophysicistsend insert
and any changes or
34additions to existingbegin delete law.end deletebegin insert law related to such administrative and
35procedural aspects.end insert

36

SEC. 4.  

Section 8801.1 is added to the Business and Professions
37Code
, to read:

38

8801.1.  

(a) At the time of renewal specified in Section 8801
39or 8802, the board shall administer an assessment of the
40licenseholderbegin delete that includes questionsend delete to reinforce the
P5    1licenseholder’s knowledge of state laws and the board’s rules and
2begin delete regulations regulating the practice of professional land surveyors.end delete
3begin insert regulations.end insert Failure to complete this assessment within 60 days
4after the date of expiration of the license may result in disciplinary
5action under Section 8780, but shall not affect the renewal of the
6license.

7(b) The crime in subdivision (j) of Section 8792 shall not apply
8to this section.

9(c) The board shall not charge the licenseholder a fee for the
10administration or development of the assessment.

11(d) For the purposes of this section, “assessment” means an
12online program that contains educational reading material and
13questions. The material shall be based on state law and the board’s
14rules and regulationsbegin delete relatedend deletebegin insert relating to the practice of professional
15land surveyors. The scope of the assessment shall be limitedend insert
to the
16board’s top fivebegin insert types ofend insert violationsbegin insert related to the administrative
17and procedural aspects of the practice of professional land
18surveyorsend insert
and any changes or additions to existingbegin delete law.end deletebegin insert law related
19to such administrative and procedural aspects.end insert



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