BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          1132 (Galgiani)


          As Introduced  August 18, 2016


          Majority vote


          SENATE VOTE:  39-0


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Business &      |15-0 |Salas, Brough, Baker,  |                     |
          |Professions     |     |Bloom, Campos, Chávez, |                     |
          |                |     |Dodd, Eggman, Gatto,   |                     |
          |                |     |Gomez, Holden, Jones,  |                     |
          |                |     |Mullin, Ting, Wood     |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 


          SUMMARY:  Permits a person to use the title  
          "architect-in-training" while enrolled in the Architectural  
          Experience Program (AXP), which is administered by the National  
          Council of Architectural Registration Boards (NCARB).   
          Specifically, this bill: 










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          1)Specifies that a person may use the title  
            "architect-in-training" while enrolled in the AXP, which is  
            administered by the NCARB.


          2)Specifies that no abbreviations or derivatives of the title  
            may be used.


          3)Prohibits a person using the title from independently offering  
            or providing services to the public.


          4)Provides that a violation of the use of the title may  
            constitute unprofessional conduct and subject the user to  
            administrative action, including, but not limited to,  
            citation, discipline, and denial of a license.


          5)Sunsets the provisions above on January 1, 2020, unless a  
            later enacted statute, that is enacted before January 1, 2020,  
            deletes or extends that date.


          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  








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          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  
          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  








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          eligible to receive a license to practice architecture in  
          California.  


          Architectural Experience Program.  On June 29, 2016, the Intern  
          Development Program (IDP) was updated to reflect six broad areas  
          of current architectural practice-and renamed the AXP.   
          According to the CAB Web site, the CAB "implemented the AXP  
          requirement for the purpose of ensuring that all interns gain  
          uniform, broad, and comprehensive experience in areas of  
          architectural training that are essential for competent  
          practice, thus benefiting interns, architects, firms, and the  
          public in general.


          "In addition, all other states require completion of [the] AXP  
          for initial licensure.  The NCARB AXP Council Record is the only  
          record keeping method that is recognized by all United States  
          jurisdictions and Canadian provinces.  [The] AXP is also the  
          primary method used to meet the training requirement for NCARB  
          Certification, which is a compilation of an architect's  
          education, training/work experience, and examination history  
          that is used as a tool to facilitate reciprocity.  The [CAB]  
          believes completion of [the] AXP not only helps ensure the  
          minimal competence of architectural candidates but also helps  
          facilitate interstate and international practice."


          According to the NCARB website, "Most licensure candidates will  
          complete the AXP by reporting hours.  [A participant] will need  
          to document a minimum of 3,740 required hours under the six  
          experience areas to complete the program.  Some tasks may be  
          easier to complete early in [his or her] career, while others  
          may take more time and experience to complete.  ?At least half  
          of [the] experience must be completed under the supervision of a  
          qualified architect; however, there are many ways to complete  
          the remainder of [the] AXP hours outside the employment of an  
          architect.  These opportunities will be covered in the  
          experience settings section."








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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.  The CAB convened a working group on July  
          13, 2016 to review staff's research, potential models, and to  
          develop proposed language.  The working group, with  








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          participation from AIACC, agreed on a model and finalized  
          language, ultimately recommending that this bill be amended to:   
          1) authorize individuals who are actively participating in the  
          AXP to use the title "architect-in-training," but no other  
          abbreviations or derivatives of that title; 2) prohibit the use  
          of the title to independently offer or provide services to the  
          public; 3) allow the CAB to disclose an individual's  
          authorization to use the title to the public; 4) delineate  
          penalty provisions for misuse of the title; and 5) include a  
          sunset provision.  This bill reflects that recommendation.


          Analysis Prepared by:                                             
                          Gabby Nepomuceno / B. & P. / (916) 319-3301  FN:  
          0004242