BILL ANALYSIS Ó
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SENATE THIRD READING
SB
1132 (Galgiani)
As Introduced August 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: 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