You asked for a summary of An Act Concerning the Boards and Commissions of the Department of Agriculture and Consumer Protection (HB 5159).

SUMMARY

This summary reflects HB 5159 with significant revisions requested by The Department of Agriculture and Consumer Protection (DACP).

This bill makes numerous changes in the licensing laws for architects, professional engineers and land surveyors, landscape architects, and pharmacists.

For architects, it authorizes the licensing board to impose a $ 1,000 civil penalty for violations of the licensing law, among other things.

For professional engineers and land surveyors, it (1) revises the definition of “professional engineer”; (2) strengthens the education, experience, and examination requirements; (3) makes training licenses valid indefinitely; (4) eliminates certain alternative paths to licensure; (5) allows professional engineers and land surveyors to do subcontract work for each other; (6) states what is signified when a professional engineer or land surveyor seals a document; (7) allows reinstatement of lapsed licenses; (8) authorizes the licensing board to impose a civil penalty of up to $ 1,000 for violating the licensing law or performing incompetent work, among other things; (9) revises the law about licensing out-of-state professionals; (10) requires maps filed on land records by certain businesses exempt from licensure to comply with state standards for those maps; (11) narrows the exemption for architects; and (12) increases the criminal penalty for knowing and willful violations of the licensing law to imprisonment for up to one year, a fine of up to $ 1,000, or both.

For landscape architects, the bill (1) establishes a retired landscape architect license, (2) requires landscape architecture corporations to register with DACP and establishes registration standards and procedures (It requires corporations to pay an annual fee but the amount of the initial and renewal fees is blank. ), (3) establishes a criminal penalty for willful or intentional violations of the registration requirement but leaves the amount of the maximum penalty blank, (4) authorizes the licensing board to impose a civil penalty of up to $ 1,000 for violations of the licensing law and negligence, among other reasons, and (5) eliminates the requirement that the secretary of the state be notified whenever a landscape architect’s license is suspended or revoked.

For pharmacists, the bill makes the continuing education cycle biennial rather than annual and allows a pharmacist’s representative, rather than the pharmacist, to offer to have the pharmacist discuss the dispensed drugs with the customer.

Because this bill authorizes three different boards to impose a civil penalty of up to $ 1,000, we are enclosing a report that discusses the imposition of penalties by DACP’s licensing boards and commissions (2003-R-0103).

ARCHITECTS (§§ 1 & 2)

The bill authorizes the Architectural Licensing Board to impose a $ 1,000 civil penalty for the same reasons that it may now censure a professional or suspend his license. The board may do so if (1) it finds that the professional obtained a license through fraud or misrepresentation, (2) the professional has been found guilty by the board or in court of fraud or deceit in professional practice or has been convicted of a felony, (3) the professional has been found guilty by the board of gross incompetency or of negligence in planning or constructing buildings, or (4) the board finds that the professional has violated any provision of the licensing law. The board also has other disciplinary powers (see BACKGROUND).

The bill gives the board the power to impose a $ 1,000 civil penalty in connection with its authority to conduct investigations and issue cease and desist orders. This is an apparently redundant provision because the bill gives this power in connection with its authority to impose sanctions.

PROFESSIONAL ENGINEERS AND LAND SURVEYORS (§§ 3 TO 11)

Professional Engineering (§ 3)

The bill simplifies the definition of “professional engineer” in the licensing law. Under the bill, a professional engineer is someone qualified to engage in the practice of engineering because of his special knowledge of mathematics, physical science, and engineering principles and who is licensed as one under Connecticut law. The bill eliminates the current definition’s description of engineering practice, which is rendering or offering to render a professional service such as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection with structures, buildings, machines, equipment, processes, works, or projects in which the safeguarding of life, public health, or property is concerned.

Education, Experience, and Examination Requirements (§ 4)

The bill (1) makes the educational, experience, and examination requirements for professional engineer and land surveyor licensing more specific in some matters and in more rigorous in others and (2) eliminates or revises alternative paths to licensure for professional engineers and land surveyors. Currently, professional engineers and engineers-in-training are required to graduate from an approved course in engineering. The bill instead requires graduation from an approved curriculum of four or more years. Land surveyors are required to graduate and complete an approved course in surveying. The bill instead requires graduation from an approved curriculum of four or more years in land surveying.

Professional engineers are currently required to complete an additional four years of active practice. The bill instead requires (1) an additional four years of professional experience for professional engineers and (2) an additional four years of progressive experience for land surveyors.

By law, professional engineers are required to pass an examination after meeting the educational and experience requirements. The test must have two parts. The first part must be on the applicant’s knowledge

of fundamental engineering subjects and the second part must be on the applicant’s ability to apply engineering principles. The bill eliminates the board’s authority to waive all or part of the examination requirement.

By law, land surveyors must also pass an examination. The bill eliminates the provision that explicitly allows the exam to be written or oral and establishes requirements for a three-part exam. Currently the exam must test the applicant’s knowledge of land surveying fundamentals and procedures. The bill instead requires Part 1 to test fundamental land surveying subjects, Part 2 to test land surveying principles and practices, and Part 3 to test principles and practices specific to Connecticut. The bill eliminates the board’s authority to waive the written examination requirement.

Training Licenses (§ 4)

Currently an engineer-in-training and a surveyor-in-training license is valid for 10 years. Under the bill, they are valid indefinitely. The bill revises the requirements to receive a surveyor-in-training license. Currently, the board may license an applicant who (1) has graduated from an approved school or college or is scheduled to graduate from one in the next three months; or (2) has six years experience and passed the first part of the national land surveyor examination. The bill instead requires applicants to have passed the first part of the state licensure examination and have graduated from an approved four-year curriculum. The bill eliminates DACP’s duty to publish the rosters of licensees annually.

Alternative Paths to Licensure (§ 4)

The board is currently authorized to accept, as an alternative to meeting the education requirement for professional engineers and engineers-in-training, six years or more engineering experience satisfactory to the board. This bill eliminates this alternative path to licensure beginning July 2, 2005.

The bill revises the alternative paths for land surveyors. Currently land surveyors can qualify for licensure without completely meeting the education requirement if they have six years experience satisfactory to the board. The bill instead allows someone to qualify without meeting the educational requirement if he has (1) graduated from an approved curriculum of two years and has at least four years of progressive experience and a total of at least seven years land surveying experience or (2) nine years or more of additional progressive land surveying experience.

Subcontracting (§ 5)

The bill authorizes professional engineers, land surveyors, and their corporations to contract with members of the other profession as subcontractors in support of particular projects.

Use of a Seal (§ 5)

The bill states that the application of a seal by a professional engineer or land surveyor indicates that the person applying the seal is authorized to practice under Connecticut law and that the work was performed by, or under the direct supervision of, the license holder.

Lapsed Licenses (§ 6)

The bill allows a professional engineer and a land surveyor whose Connecticut license has lapsed to reinstate it if he (1) has been continuously licensed in his profession out of state, (2) has been actively engaged in his profession, and (3) pays the $ 90 reinstatement fee established by the bill and the renewal fee.

Discipline (§§ 7 & 8)

The bill authorizes the licensing board (the State Board of Examiners for Professional Engineers and Land Surveyors) to impose a civil penalty of up to $ 1,000, refuse to issue or renew a credential, suspend or revoke a credential, or take other disciplinary action (see BACKGROUND) if the professional has (1) violated the licensing law of this state or any other jurisdiction; (2) been disciplined by, or is the subject of, a pending disciplinary action in another jurisdiction; (3) been refused a credential by another jurisdiction on grounds that are similar to those established by Connecticut’s licensing law; (4) made false, misleading, or deceptive representations; (5) performed or been a party to fraudulent or deceitful practices or transactions; (6) illegally or fraudulently obtained the credential; or (7) performed incompetent or negligent work.

The bill gives the board the power to impose a $ 1,000 civil penalty in connection with its authority to conduct investigations and issue cease and desist orders. This is an apparently redundant provision because the bill gives it the authority in connection with its authority to impose sanctions.

Licensure of Out-of-State Professionals (§ 9)

The bill revises requirements for licensure without examination for professionals holding a valid credential in another jurisdiction. Specifically, the bill allows DACP to issue a license to someone holding a credential issued by the National Council of Examiners for Engineering and Surveying rather than the National Bureau of Engineering.

The law allows the board to waive the first part of the licensing exam for an engineer-in-training licensed in another jurisdiction within the United States if the standards in the other jurisdiction are at least equal to Connecticut’s. The bill allows the board to do this for engineers-in-training holding a license in any jurisdiction. The bill makes a similar change for surveyors-in-training licensed in other countries.

The bill provides that “applicants for reciprocity” as a land surveyor must pass the Connecticut-specific portion of the licensing exam. The law does not define “applicants for reciprocity. ” It is possible that it means to refer to applicants for licensure who are licensed in another jurisdiction.

Maps or Surveys Filed by Certain Persons Exempt from Licensure (§ 10)

The law exempts five different categories of individuals and corporations from the law requiring professional engineers and land surveyors and their corporations to be licensed. One category exempts corporations that operate under the jurisdiction of the Department of Public Utility Control, the officers and employees of such corporations, and corporations contracting with or affiliated to such corporations. The bill requires, despite the exemption, that any maps or surveys filed in the town land records by these corporations, officers, or employees must comply with the standards established by state regulation (Conn. Agencies Reg. § 11-8-21). The regulation sets the standards for all maps and surveys filed on town land records.

Narrows the Exemption for Architects (§ 10)

Architects performing work incidental to their profession constitute another exempt category. The bill narrows this exemption to architects performing work incidental to their profession for which they are qualified by education and experience.

Criminal Penalty (§ 11)

The bill increases the criminal penalty for knowing and willful violations of the professional engineer and land surveyor licensing law from a fine of up to $ 500, up to three months in prison, or both, to a fine of up to $ 1,000, up to one year in prison, or both.

LANDSCAPE ARCHITECTURE (§§ 12 TO 22)

Retired Landscape Architect License (§ 12)

The bill establishes a retired landscape architect license that may be issued to any licensed landscape architect who is retired and not engaging in active practice. The annual fee is $ 30. The bill requires a licensed retired landscape architect who wishes to re-enter active practice to pay a $ 90 reinstatement fee.

Landscape Architect Corporations (§§ 13 & 14)

The bill requires landscape architecture corporations to register with DACP. It defines “landscape architecture corporations” as a corporation or limited liability company with a material part of its business using licensed landscape architects.

Corporation Registration Requirements (§ 15)

The bill requires applicants to apply to DACP on its forms. The application must include (1) the business’s name and business address, (2) the names of licensed landscape architects who are in charge of the business’s landscape architecture practice, and (3) other information required by the commissioner.

Each applicant must pay and application fee of $ ___. (The fee amount is blank in the bill. )

Appeal of a Corporation Registration Denial (§ 16)

The bill requires DACP to either issue a registration to an applicant within 30 days or to refuse to issue one. It may refuse to issue on the same grounds that it may suspend, revoke, or refuse to renew a registration. If it refuses to issue, the bill requires DACP to notify the applicant, give the grounds for the refusal, and inform the applicant of the right to appeal. If the applicant requests a hearing within 10 days after the denial, DACP must hold a hearing conducted in accordance with the Uniform Administrative Procedure Act (UAPA).

Disciplinary Powers, Grounds, and Appeal Concerning Corporations (§§ 16, 17 & 20)

The bill authorizes the DACP commissioner to suspend, revoke, or refuse to renew a registration for (1) conduct likely to mislead, deceive, or defraud the public or the commissioner; (2) gross misconduct; or (3) violating the licensing law. The bill requires DACP to give notice and hold a hearing according to the UAPA before taking disciplinary actions.

An aggrieved registrant may appeal an order or decision in accordance with the UAPA.

Standards for Registered Corporations and Renewal (§ 18)

The bill requires a registered corporation to display its registration certificate on request. It must file any change of the designated landscape architect in charge with DACP within 30 days after making the change. All final plans, drawings, specifications, reports, or other documents prepared or approved by a corporation for use by or delivery to anyone or for public record must be dated and bear the signature and seal of the landscape architect who prepared them.

The bill prohibits a registered landscape architect corporation from (1) presenting or attempting to present as its own another’s registration certificate; (2) knowingly giving false evidence of a material nature to the commissioner to register; or (3) using or attempting to use an expired, suspended, or revoked registration certificate.

Registrations must be renewed annually. The renewal fee is $ __. (The fee amount is blank in the bill. )

Regulations Concerning Corporation Registration (§ 19)

The bill requires the DACP commissioner to adopt regulations implementing its provisions requiring landscape architecture corporations to register.

Criminal Penalty for Corporations (§ 21)

The bill subjects a registrant that willfully or intentionally violates the registration provisions to a criminal penalty of a fine of up to $ __. (The penalty amount is blank in the bill. )

Disciplining Landscape Architects (§ 22)

The bill revises the licensing board’s (State Board of Landscape Architects) disciplinary powers and the grounds for disciplining licensed landscape architects. It authorizes the board to impose a civil penalty of up to $ 1,000 for the same reasons that it may impose other sanctions. It eliminates the explicit requirement that a license suspension be for a definite period and the 1-year limit on suspensions. It eliminates the board’s ability to officially censure and authorizes it to issue a reprimand instead. It authorizes the board to place a licensee on probation and to impose any combination of penalties.

It authorizes the board to impose sanctions for negligence and incompetency rather than gross negligence and gross incompetency.

It eliminates the requirement that the secretary of the state be notified whenever a license is suspended or revoked. It allows the board to discontinue any disciplinary action.

PHARMACY (23 & 24)

Pharmacist’s Continuing Education (§ 23)

The bill makes the requirement that pharmacists prove they are meeting continuing education requirements biennial rather than annual. Pharmacists must renew their licenses annually. The bill requires them, in even-numbered years, to submit a statement that they have completed 30 contact hours of accredited education in the previous two calendar years. At least 10 of the contact hours must be earned by attending a presentation on pharmacy or drug law in person. Under current law, pharmacists must file the statement annually stating that they have completed 15 hours of continuing education, with five of the hours earned at a live presentation on pharmacy or drug law. The bill makes conforming changes in the provisions about (1) renewing a lapsed license, (2) retaining copies of continuing education certificates, and (3) carrying forward credits.

Pharmacist Counseling (§ 24)

The law requires pharmacists, whenever practical, to offer to discuss the drugs being dispensed with the purchaser. The bill allows the offer to be made by a pharmacist’s representative.

BACKGROUND

Penalty Powers of all DACP Boards and Commissions

All DACP boards and commissions can (1) revoke or suspend a license, registration, or certificate; (2) issue a reprimand; (3) place a person on probation and require regular reporting; (4) limit a person’s practice to prescribed areas, or (5) require continued or renewed education, for the following reasons:

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