BILL ANALYSIS Ó SB 1132 Page 1 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: SB 1132 Page 2 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 SB 1132 Page 3 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 SB 1132 Page 4 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." SB 1132 Page 5 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 SB 1132 Page 6 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