BILL ANALYSIS Ó
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SENATE THIRD READING
SB
1132 (Galgiani)
As Introduced February 18, 2016
Majority vote
SENATE VOTE: 39-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Business & |15-0 |Salas, Brough, Baker, | |
|Professions | |Bloom, Campos, | |
| | |Chávez, Dodd, Eggman, | |
| | |Gatto, Gomez, Holden, | |
| | |Jones, Mullin, Ting, | |
| | |Wood | |
| | | | |
| | | | |
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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." Specifically, this bill:
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1)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.
2)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.
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 California Architects Board (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
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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 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.
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 Individual
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Development Program, 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
(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. (
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Engineer-In-Training and Land Surveyor-In-Training. Business
and Professions Code (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.
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
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enforcement issues and other implementation details. However,
the CAB has indicated that it is amendable to working with the
sponsor to develop a proposal.
POLICY ISSUES:
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.
Analysis Prepared by:
Gabby Nepomuceno / B. & P. / (916) 319-3301 FN:
0003536
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