HB2876

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

GEOLOGISTS

§ -1 Title. This chapter shall be known as the "Professional Geologist Licensing Act".

§ -2 Definitions. As used in this chapter, unless the context otherwise requires:

"Director" means the director of commerce and consumer affairs.

"Geology" means the science that treats the study of the earth in general, the earth's processes and history, investigation of the earth's crust and the rocks and other materials of which it is composed, and the applied science of utilizing knowledge of the earth's history, processes, constituent rocks, minerals, liquids, gases, and other materials for the use of mankind.

"Practice of geology" means the performance of geology including but not limited to consultation, investigation, evaluation, planning, geologic mapping, interpretation of geologic data, preparation of geologic reports, geologic cross-sections and geologic maps, inspection of geological work, and the responsible supervision thereof, the performance of which is relevant to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter.

"Professional geologist" means a person licensed under this chapter to engage in the practice of geology.

"Responsible charge" means the independent control and direction by use of initiative, skill, and independent judgment of geological work or the supervision of the geological work.

"Subordinate" means any individual who practices geology or assists a professional geologist in the practice of geology without assuming the responsible charge for the geological work.

"Unlawful conduct" is as defined in section -8.

"Unprofessional conduct" means conduct of a character likely to deceive, defraud, or harm an individual or the public in the course of professional services and as may be further defined by rule.

§ -3 License required; license classification. (a) After January 1, 2010, a license is required to engage in the practice of geology, except as specifically provided in section -6.

(b) The director shall issue to a person who qualifies under this chapter a license in the classification of professional geologist.

§ -4 Qualifications for licensure. Each applicant for licensure as a professional geologist shall:

(1) Submit an application in a form as prescribed by the director;

(2) Pay a fee as determined by the director;

(3) Provide satisfactory evidence of:

(A) A bachelors or graduate degree in the geosciences granted through an institution of higher education that is accredited by a regional or national accrediting agency with a minimum of thirty semester or forty-five quarter hours of course work in the geosciences; or

(B) Completion of other equivalent educational requirements as determined by the director;

(4) Provide satisfactory evidence of:

(A) With a bachelors degree, a specific record of five years of active professional practice in geological work of a character satisfactory to the director, indicating the applicant is competent to be placed in a responsible charge of the work;

(B) With a masters degree, a specific record of three years of active professional practice in geological work of a character satisfactory to the director, indicating the applicant is competent to be placed in a responsible charge of the work; or

(C) With a doctorate degree, a specific record of one year of active professional practice in geological work of a character satisfactory to the director, indicating the applicant is competent to be placed in a responsible charge of the work; and

(5) After January 1, 2010, successfully complete the examination requirement established by rule.

§ -5 Term of license; expiration; renewal. (a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by no more than one year to maintain established renewal cycles or to change an established renewal cycle.

(b) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with the rules established by the director.

§ -6 Exemption from licensure. The following persons may engage in the practice of geology, subject to the stated circumstances and limitations, without being licensed under this chapter; provided that the person shall not use the title of "professional geologist" and shall not directly represent or hold out to the public to be legally qualified to engage in the practice of geology in this State:

(1) An employee or subordinate of a professional geologist licensed under this chapter, or any employee of an individual exempted from licensure under this paragraph or paragraph (2); provided that the employee's or subordinate's practice does not include responsible charge;

(2) Professional engineers and surveyors licensed under chapter 464; provided that they shall not intentionally represent themselves to be professional geologists;

(3) An individual, individual practitioner, or regular full-time employee of a firm, partnership, association, corporation, or other business entity engaged in the exploration for and development of coal, uranium, oil, natural gas, geothermal or other energy resources, precious and nonprecious metals and minerals, and industrial and other minerals, including sand, gravel, and aggregate if the geological work is performed solely for internal use within the company and is not offered directly to the public;

(4) An individual engaged in teaching or research in the physical or natural sciences who is not otherwise engaged in practicing geology before the public;

(5) An individual providing agricultural or agronomic soils analyses, sampling, or laboratory testing; and

(6) An employee of a communications, utility, railroad, mining, petroleum, or manufacturing company, or an affiliate of such a company; provided that the geological work is performed solely for internal use within the company and is not offered directly to the public.

§ -7 Grounds for refusal to renew, reinstate or restore and for revocation, suspension, denial, or condition of licenses. The director may refuse to renew, reinstate, or restore, or may deny, revoke, suspend, or condition in any manner, any license in accordance with section 436B-19.

§ -8 Unlawful conduct. "Unlawful conduct" includes:

(1) Using the title "professional geologist" or any other words, letters, abbreviations, or designations, which represent recognized professional geological disciplines indicating that the person using them is a professional geologist, unless the person holds a valid license issued under this chapter; or

(2) As a corporation, proprietorship, partnership, or limited liability company, engaging in or representing that the entity is engaging in the practice of geology before the public, unless at least one individual employee of the entity holds a valid license issued under this chapter.

§ -9 Unlicensed activity; penalties. (a) Any person who:

(1) Practices, offers to practice, or holds oneself out as authorized and qualified to practice professional geology, except as provided in this chapter;

(2) Uses the title "professional geologist", or any title, sign, card, or device to indicate that the person is practicing professional geology;

(3) Is a professional geologist without having first acquired a license in accordance with this chapter and without having a valid unexpired license; or who uses or attempts to use as the person's own the seal, certificate or license of another;

(4) Falsely impersonates any duly licensed professional geologist hereunder; or

(5) Uses or attempts to use an expired, suspended, or revoked license,

shall be fined not more than $500, imprisoned not more than one year, or both.

(b) Any corporation or copartnership that:

(1) Advertises that it furnishes geological services in the making of plans or specifications or in the construction of any building or other structure, without first complying with this chapter;

(2) Furnishes or offers to furnish geological services for the construction of any building, structure, project, or utility in the State, without first complying with this chapter,

shall be fined not more than $1,000. Notwithstanding any law to the contrary, persons, corporations, or copartnerships working on structures exempted in section 464-13 shall not be affected by this subsection.

§ -10 Seal; design and implementation. Every professional geologist shall have a seal, the design and implementation of which shall be established by rule by the director.

§ -11 Geologic maps, cross-sections, reports, and documents to be sealed. (a) Any final geologic map, cross-section, or report prepared in this State shall bear the seal of a professional geologist licensed under this chapter, except as provided in section -6.

(b) Any final geologic map, cross-section, sketch, drawing, plan, or report prepared by, or under the supervision of, a professional geologist shall bear the seal of the professional geologist when submitted to a client or when filed with public authorities, even if the practice is exempt from licensure under section -6.

§ -12 Seal; authorized use. A professional geologist may affix the licensee's seal to a geologic map, cross-section, sketch, drawing, plan, or report only if the geologic map, cross-section, sketch, drawing, plan, or report:

(1) Was personally prepared by the licensee;

(2) Was prepared by an employee, subordinate, associate, or drafter under the supervision of a licensee; provided the licensee or a principal affixing the licensee's or principal's seal assumes responsibility;

(3) Was prepared by a licensed professional geologist in this State or any other state; provided that:

(A) The licensee in this State affixing the seal performs a thorough review of all work for compliance with all applicable laws and rules and the standards of the profession; and

(B) Makes any necessary corrections before submitting the final plan, specification, or report:

(i) To a public authority; or

(ii) To a client who has contracted with a professional geologist for the geologic map, cross-section, or report to be complete and final;

(4) Was prepared in part by a licensed professional geologist in this State or any other state; provided that:

(A) The licensee in this State clearly identifies that portion of the geologic map, cross-section, or report for which the licensee is responsible;

(B) The licensee in this State affixing the seal performs a thorough review of that portion of the geologic map, cross-section, or report for which the licensee is responsible for compliance with the standards of the profession; and

(C) Makes any necessary corrections before submitting the final geologic map, cross-section, or report for which the licensee is responsible:

(i) To a public authority; or

(ii) To a client who has contracted with a professional geologist for the geologic map, cross-section, or report to be complete and final; or

(5) Was prepared by a person exempt from licensure as a professional geologist; provided that:

(A) The licensee in this State affixing the seal performs a thorough review for compliance with all applicable laws and rules and the standards of the profession; and

(B) Makes any necessary corrections before submitting the final geologic map, cross-section, or report:

(i) To a public authority; or

(ii) To a client who has contracted with a professional geologist for the geologic map, cross-section, or report to be complete and final; and

(6) Meets any additional requirements established by rule by the director.

§ -13 Rules. The director may adopt rules under chapter 91 to implement this chapter."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2876
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII