BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 1132 Hearing Date: April 4,
2016
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|Author: |Galgiani |
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|Version: |February 18, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Mark Mendoza |
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Subject: Architects: architects-in-training
SUMMARY: Authorizes professionals on the path to licensure to use the
job title
"architect-in-training."
Existing law:
1) Establishes the California Architects Board (CAB) within the
Department of Consumer Affairs (DCA), which licenses and
regulates professional architects under the Architects
Practice Act. (Business and Professions Code (BPC) § 5500 et
seq.)
2) Defines "architect" as a person who is licensed to practice
architecture in this state under the authority of this
chapter. (BPC § 5500)
This bill:
1) Defines "architect-in-training" as:
a) A person who has received board confirmation of
eligibility for the Architect Registration Examination; and
b) A person who is employed under the direct supervision of
an architect licensed under the Architects Practice Act.
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1) Authorizes professionals to use the title
"architect-in-training" if the above definitional
requirements are met.
FISCAL
EFFECT: None. This bill is keyed "non-fiscal" by Legislative
Counsel.
COMMENTS:
1. Purpose. The American Institute of Architects, California
Council (AIACC) is the sponsor of the bill. According to the
Author, "current law does not allow those who are on the path
to becoming licensed architects to use a job title that
clearly states that they are eligible for and working towards
becoming licensed. SB 1132 grants those individuals the
ability to use such a title, under very limited and
controlled circumstances. Additionally, the public would not
be confused as the proposed title, "architect-in- training",
is clear that the individual using that title is not yet a
licensed architect."
2. Background. The CAB was created in 1901 by the Legislature
to fulfill the mission of protecting the health, safety, and
welfare of the public through the regulation of the practice
of architecture. The CAB establishes regulations for the
examination and licensing of the architecture profession in
California, which today numbers approximately 21,000 licensed
architects and approximately 11,000 candidates who are in the
process of meeting examination and licensure requirements.
3. Architect Registration Exam. To be eligible for the
Architect Registration Examination (ARE), a candidate is
required to meet one of the following requirements below and
possess an active Council Record with the National Council of
Architectural Registration Boards (NCARB):
a) Have a degree in architecture accredited by the National
Architectural Accrediting Board from a school of
architecture as approved by CAB, or
b) Have at least sixty (60) net months of architectural
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training and experience under the direct supervision of an
architect in private practice or the equivalent as
evaluated by CAB, or
c) Have a combination of educational and experience credit
as evaluated by CAB such as to total sixty (60) net months.
These requirements are outlined in the California Code of
Regulations, Title 16, Division 2, Article 3, Section 116.
The ARE consists of seven divisions that include
multiple-choice, fill-in-the-blank, and check-all-that-apply
questions as well as graphic vignettes.
4. Engineer-In-Training and Land Surveyors-In-Training. In BPC
§ 6756 of the Professional Engineers Act and BPC § 8747(a) of
the Professional Land Surveyors Act, professionals are
required to obtain an "in-training" certificate prior to
licensure. These certificates do not authorize the holder of
the certificate to practice or offer to practice engineering
or land surveying work. It is also important to note that
many employers look to see if an applicant has an
"in-training" certificate prior to employment.
5. NCARB Ruling. In 2014, NCARB created the Future Title Task
Force to discuss what professionals who are on the path to
become licensed architects should be called. Over the course
of many months, the task force carefully debated the issue,
and finally came to the conclusion that there is no
agreed-upon terminology for professionals on the path to
licensure. NCARB states:
"The Task Force recommended that any title held by those
pursuing licensure does not need to be regulated. In
other words, it is recommended that
NCARB discontinue the use of the word intern, intern
architect, or any other regulatory 'title' describing
those pursuing licensure."
6. No Official Position by the CAB. The CAB states "at this
time, it is unclear to the Board that the proposal would
address any identified risk to consumer health, safety and
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welfare. It is also difficult to justify the regulation and
enforcement of a title appropriated to unlicensed individuals
who do not yet come under the regulatory purview of the
Board. At its most recent meeting (March 2015), the Board
voted to accept REC's recommendation to table the matter
until AIACC presents a comprehensive proposal with supporting
data that has been reviewed and analyzed by Board staff for
REC and the Board's consideration. The Board has not
received such a proposal to date."
7. Arguments in Support. The American Institute of Architects,
California Council writes that "SB 1132 would allow
individuals to have the job title 'architect-in-training'
during their internship once they are eligible to take the
licensing examinations. This job title does not harm the
public as it does not imply licensure or grant any of the
authority of a licensed architect. Importantly, it is
helpful as it describes the qualification of the individual
to clients of an architectural firm."
SUPPORT AND OPPOSITION:
Support:
The American Institute of Architects, California Council
(Sponsor)
Neutral:
California Architects Board
Opposition:
None on file as of March 29, 2016.
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