BILL ANALYSIS Ó
SB 1132
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Date of Hearing: June 21, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
SB 1132(Galgiani) - As Introduced February 18, 2016
SENATE VOTE: 39-0
SUBJECT: Architects: architects-in-training
SUMMARY: Authorizes a person who has received confirmation of
eligibility for the Architect Registration Examination (ARE) and
who are seeking 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) Section
5500, et seq.)
2)Defines "architect" as a person who is licensed to practice
architecture in this state under the authority of the
Architects Practice Act. (BPC Section 5500)
THIS BILL:
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3)Defines "architect-in-training" as:
a) A person who has received confirmation of eligibility
for the ARE; and,
b) A person who is employed under the direct supervision of
an architect licensed under the Architects Practice Act.
4)Authorizes professionals to use the title
"architect-in-training" if the above definitional requirements
are met.
FISCAL EFFECT: None. This bill has been keyed non-fiscal by the
Legislative Counsel.
According to the Senate Committee on Appropriations, the bill as
drafted would provide title protection for
architects-in-training, but does not specify what level of
licensing and enforcement the California Architects Board would
provide. The following fiscal estimates assume that the level of
oversight is comparable to that provided for
engineers-in-training currently provided by the Board of
Professional Engineers, Land Surveyors, and Geologists.
One-time information technology costs of $100,000 to allow the
Board to process applications and track licenses .
Ongoing costs of about $120,000 per year for initial program
development, licensing oversight, outreach, and enforcement
Potential one-time costs of about $300,000 for the development
of an examination. As noted above, the Board has looked at the
program for licensing engineers-in-training for comparison.
Applicants for licensure as engineers-in-training are required
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to take an examination. If the California Architects Board
were to decide to require an examination for licensure as an
architect-in-training, it would need to conduct an
occupational analysis and develop such a test (there is no
existing test of this kind to the CAB's knowledge).
Unknown potential increase in state employment costs (various
funds). Under the current civil service system, state employee
compensation sometimes depends upon license status. Some civil
service employees can receive higher compensation if the
individual has a professional license in his or her field. At
this time it is not known how many state employees could seek
licensure as an architect-in-training or whether gaining such
a license would increase their compensation.
COMMENTS:
Purpose. This bill authorizes professionals on the path to
licensure to use the job title "architect-in-training." This
bill is sponsored by the American Institute of Architects,
California Council (AIACC) . According to the author, "This bill
simply allows individuals who are working hard to become
licensed architects in California to use the job title
'architect-in-training'. [This bill] seeks to recognize those
who are on path to becoming licensed architects or offer
architectural services. This title will not harm the public
because it is clear the title does not imply licensure."
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 in California. The CAB administers the licensing
and enforcement programs and establishes regulations for
examination and licensing of the profession of architecture in
California, which today numbers approximately 21,000 licensed
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architects and approximately 11,000 candidates who are in the
process of meeting examination and licensure requirements.
State licensing boards and bureaus enforce both practice
restrictions and title restrictions in the licensing of
professions. Practice acts require licensed professionals to
obtain a professional license by meeting certain educational and
experience requirements, while title acts simply permit
professionals to meet certain requirements to use a title and
prohibit those who have not met those standards from using the
specified title.
Path to Licensure. According to the CAB website, obtaining a
license involves requirements that a candidate can meet in
multiple ways. Although each candidate's path to licensure may
differ, all candidates ideally will complete the process with
the necessary knowledge, skills, and ability to be a licensed
architect.
The CAB looks at three separate aspects of an individual's
architectural development (education, experience, and
examination) to assess a candidate's knowledge, skills, and
ability to perform the architectural services. Once a candidate
has fulfilled all the necessary requirements, he or she is
eligible to receive a license to practice architecture in
California. These requirements are:
1)Provide verification of five years of education equivalents
and three years of architectural practice experience for a
total of eight years of experience as evaluated by the CAB,
including:
a) One year of work experience under the direct supervision
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of an architect licensed in a US jurisdiction; or,
b) Two years of experience under the direct supervision of
an architect registered in a Canadian province;
2)Successful completion of the ARE;
3)Completion of the Intern Development Program (IDP); and,
4)Successful completion of the California Supplemental
Examination (CSE).
Eligibility to Sit for the ARE. According to the National
Council of Architectural Registration Boards (NCARB) website,
NCARB serves a variety of roles in the licensure process,
including the development and administration of the IDP, the
ARE, and NCARB certification, which facilitates reciprocal
registration. The ARE is the national computerized architectural
licensing examination, which consists of seven divisions that
include multiple-choice, fill-in-the-blank, and
check-all-that-apply questions as well as graphic vignettes.
The ARE tests candidates' knowledge, skills, and ability to
provide the various services required in the design and
construction of buildings. Candidates may apply for an ARE
eligibility evaluation at any time they believe the requirements
have been met. NCARB will send eligible candidates an email
confirmation of eligibility once testing authorizations have
been granted by the CAB. Testing eligibility remains valid as
long as a candidate is active in the examination process. The
CAB's regulations define an active candidate as one who takes
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(regardless of the result) at least one ARE division within five
years of being determined eligible or since the last exam.
To be eligible for the ARE, a candidate is required to meet one
of the following requirements, which are outlined in the
California Code of Regulations, Title 16, Section 116, and
possess an active Council Record with the NCARB:
1)Have a degree in architecture accredited by the National
Architectural Accrediting Board from a school of architecture
as approved by CAB;
2)Have at least sixty net months of architectural training and
experience under the direct supervision of an architect in
private practice or the equivalent as evaluated by CAB; or,
3)Have a combination of educational and experience credit as
evaluated by CAB such as to total sixty net months. (
Engineer-In-Training and Land Surveyor-In-Training. BPC Section
6756 of the Professional Engineers Act and BPC Section 8747(a)
of the Professional Land Surveyors Act, requires the respective
professionals 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. Many employers look to see if an applicant
has an "in-training" certificate prior to employment.
Applicants for certification as an engineer-in-training are
required to successfully pass the first of two divisions of the
licensure examination. The applicant must be eligible to sit
for the first division of the examination after satisfactory
completion specified education and experience requirements.
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Applicants for certification as a land surveyor-in-training must
similarly pass the first of two divisions of the licensure
examination in order to be granted certification.
NCARB Future Title Task Force. In 2014, the 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 stated, "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."
The CAB's Position. Although the board has not submitted a
formal letter to this committee, the CAB voted at its June 2016
Board Meeting to oppose this bill unless it amended to address
enforcement issues and other implementation details. However,
the CAB has indicated that it is amendable to working with the
sponsor to develop a proposal.
ARGUMENTS IN SUPPORT:
The American Institute of Architects, California Council writes
in support, "[This bill] would allow individuals to have the job
title "architect-in-training" during their internship once they
are eligible to take the licensing examinations and if they work
under the direct supervision of a licensed architect. 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 qualifications of
the individual to clients of an architectural firm. Finally,
the granting of an "in-training" paraprofessional title has
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precedent. California law allows the titles
"engineer-in-training" and "land surveyor-in-training" to
qualified candidates in those professional fields."
POLICY ISSUES:
As noted in the Senate Committee on Appropriations analysis,
this bill as drafted leaves many questions unanswered. The
NCARB has stated that pre-licensure titles do not need to be
regulated and has discontinued their use. However, if the
"architect-in-training" title is to be used by the industry in
this state, there should be some level of oversight as to when
it can be used, what qualifications a pre-licensure candidate
must meet in order to become an "architect-in-training" and the
ramifications, if any, that should be in place for a
professional who uses the title but does not meet the minimum
qualifications for it.
It is important to note that engineers-in-training and land
surveyors-in-training must successfully pass one of two
divisions of their respective licensure examinations in order to
become certified. As drafted, the current version of the bill
does not allow for a direct parallel to be drawn for potential
architects-in-training who do not need to pass an examination in
order to become eligible for the ARE. As noted above, the CAB's
regulations state that eligibility for the ARE remains active so
long as a candidate is active in the examination process,
regardless of passing a division of the examination or not.
REGISTERED SUPPORT:
American Institute of Architects, California Council
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REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Gabby Nepomuceno / B. & P. / (916) 319-3301