Bill Text: NJ A1751 | 2012-2013 | Regular Session | Introduced
Bill Title: "Geologist Licensing Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Regulated Professions Committee [A1751 Detail]
Download: New_Jersey-2012-A1751-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
SYNOPSIS
"Geologist Licensing Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act providing for the licensing of geologists, supplementing Title 45 of the Revised Statutes and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Geologist Licensing Act."
2. (New section) As used in this act:
"Board" means the State Board of Geologist Examiners.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Geological science" means the science that includes: treatment of the earth and its origin and history in general; the investigation of the earth's constituent rocks, minerals, solids, fluids, including surface and underground waters, gases and other materials; and the study of the natural agents, forces, and processes that cause changes in the earth.
"Licensed geologist" means a person who is licensed pursuant to the provisions of this act.
"Practice of geological science" means performance of geological service or work including, but not limited to, collection of geological data, consultation, investigation, evaluation, interpreting, planning, geological mapping, or inspection relating to a service or work that applies to geological science.
3. (New section) a. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Geologist Examiners. The board shall consist of nine members who are residents of this State, two of whom shall be public members appointed pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall be from a department in the Executive Branch of State Government, appointed in fulfillment of the requirement of subsection c. of that section. The remaining six members shall have been actively engaged in the practice of geological science for at least five years immediately preceding their appointment, and, except for the members first appointed, shall be licensed geologists.
b. The Governor shall appoint each member, other than the State executive department member, for a term of three years, except that of the geologists first appointed, two shall serve for terms of three years, two shall serve for terms of two years and two shall serve for terms of one year. Any vacancy in the membership
shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed. The Governor may remove any member of the board, other than the State executive department member, for cause.
c. Members of the board shall be compensated and reimbursed for actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this act.
4. (New section) The board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and a vice-chairperson. The board shall meet twice a year and may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum.
5. (New section) The board shall, in addition to such other powers and duties as it may possess by law:
a. Review the qualifications of applicants for licensure;
b. Adopt a code of ethics;
c. Insure the proper conduct and standards of examinations;
d. Issue and renew biennial licenses for geologists pursuant to this act;
e. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it may deem necessary to enable it to perform its duties under, and to enforce the provisions of, this act;
f. Maintain a record of every geologist licensed in this State, their place of business, and the date and number of their license; and
g. Prescribe or change the charges for examinations, certifications, licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.).
6. (New section) No person shall engage in the practice of geological science as a licensed geologist or present, call or represent himself as a licensed geologist unless licensed in accordance with the provisions of this act.
7. (New section) The provisions of this act shall not apply to any person licensed by the State as a professional engineer or land surveyor who is acting within the scope of his profession.
8. (New section) To be eligible to be licensed as a geologist, an applicant shall fulfill the following requirements:
a. Be of good moral character;
b. (1) Have received a baccalaureate or higher academic degree from a college or university accredited by an agency recognized by the United States Department of Education, and completed not less than three years of board-approved geologic experience, which shall include a minimum of one year of geological work under the supervision of a geologist licensed in this State, or under the supervision of others who, in the opinion of the board, are qualified to have responsible charge of geological work; or
(2) Have completed 30 semester hours in geological science or related courses approved by the board, of which 24 semester hours are in the junior or senior year or at the graduate level, and no less than five years of geologic experience approved by the board; or
(3) Have completed at least 10 years of practical geologic experience approved by the board. Each complete year of study in a curriculum approved by the board may be accepted as one half year of experience, up to a minimum of two years of experience; and
c. Have successfully passed an examination covering the fundamentals and practice of geological science administered or approved by the board.
d. In lieu of the professional experience required under subsection b. of this section, the following credentials may be substituted:
(1) One year of professional experience will be credited to an applicant with a master's degree in geological science from an accredited college or university; or
(2) Two years of professional experience will be credited to an applicant with a doctorate in geological science from an accredited college or university.
However, no applicant holding an advance degree in geological science may receive more than two years of credit toward satisfaction of the professional experience requirement.
9. (New section) All licenses shall be issued for a two-year period upon the payment of the licensure fee prescribed by the board and shall be renewed upon filing of a renewal application and the payment of a licensure fee.
10. (New section) Upon payment to the board of a fee and the submission of a written application on forms prescribed by it, the board shall license without examination a geologist who is licensed, registered or certified by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State.
11. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:
1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the New Jersey Cemetery Board, the State Board of Polysomnography, the New Jersey Board of Massage and Bodywork Therapy, the State Board of Geologist Examiners, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.
(cf: P.L.2009, c.41, s.11)
12. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:
1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Orthotics and Prosthetics Board of Examiners, the New Jersey Board of Massage and Bodywork Therapy, the State Board of Geologist Examiners, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.
(cf: P.L.2009, c.41, s.12)
13. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:
2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, the Landscape Architect Examination and Evaluation Committee, the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the State Board of Geologist Examiners, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation.
(cf: P.L.2009, c.41, s.13)
14. This act shall take effect immediately, except that section 6 of this act shall take effect on the 360th day following the effective date.
STATEMENT
This bill provides for the licensing of geologists and establishes the State Board of Geologist Examiners in the Division of Consumer Affairs in the Department of Law and Public Safety to oversee their licensure. The board, to be appointed by the Governor, is to consist of nine members as follows: six licensed geologists, except for those geologists first appointed; two public members; and one member from a department in the Executive Branch of State Government.
"Geological science" is defined in the bill as the science that includes: treatment of the earth and its origin and history in general; the investigation of the earth's constituent rocks, minerals, solids, fluids, including surface and underground waters, gases and other materials; and the study of the natural agents, forces, and processes that cause changes in the earth. As defined in the bill, "practice of geological science" means performance of geological service or work including, but not limited to, collection of geological data, consultation, investigation, evaluation, interpreting, planning, geological mapping, or inspection relating to a service or work that applies to geological science.
To be eligible for a geologist's license, an applicant must: be of good moral character; have received a baccalaureate or higher academic degree from a college or university, and completed not less than three years of board-approved geologic experience, which shall include a minimum of one year of geological work under the supervision of a geologist licensed in this State, or under the supervision of others who, in the opinion of the board, are qualified to have responsible charge of geological work; or have completed 30 semester hours in geological science or related courses approved by the board, of which 24 semester hours are in the junior or senior year or at the graduate level, and no less than five years of geologic experience approved by the board; or have completed at least 10 years of practical geologic experience approved by the board; and have successfully passed an examination administered or approved by the board covering the fundamentals and practice of geological science. In regard to the above professional experience requirement, the following credentials may be substituted: one year of professional experience will be credited to an applicant with a master's degree in geological science from an accredited college or university and two years of professional experience will be credited to an applicant with a doctorate in geological science from an accredited college or university.
The bill stipulates that no person shall engage in the practice of geological science as a licensed geologist or present, call or represent himself as a licensed geologist unless licensed in accordance with the provisions of this bill. The bill also specifies that its provisions shall not apply to persons licensed by the State as professional engineers or land surveyors who are acting within the scope of their profession.
In addition, the bill provides that the provisions of P.L.1978, c.73 (C.45:1-14 et seq.), which is the uniform enforcement act for professional and occupational licensing boards under the jurisdiction of the division and also establishes uniform standards for revocation, suspension and other disciplinary sanctions, applies to applicants and licensees of the State Board of Geologist Examiners.
