BILL REQ. #:  S-0416.3 

Read first time 01/25/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to licensing of soil scientists; adding a new section to chapter 18.220 RCW; adding a new chapter to Title 18 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds it is in the public interest to regulate the practice of soil science in order to protect life, property, health, and to promote public welfare; to define the practice of soil science as a profession by establishing minimum standards of ethical conduct and professional responsibility and by establishing professional education and experience requirements; and to prevent abuses in the practice of soil science by untrained or unprincipled individuals.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advisory committee" means a group of either certified professional soil classifiers or certified professional soil scientists or licensed soil scientists with broad knowledge and experience in their profession, appointed under this chapter to offer recommendations to the board and the director on the administration of the program established under this chapter.
     (2) "Board" means the geologist licensing board as defined in RCW 18.220.010.
     (3) "Certified professional soil classifier" means a soil classifier certified by, and under rules set by, the soil science society of America.
     (4) "Certified professional soil scientist" means a soil scientist certified by, and under rules set by, the soil science society of America.
     (5) "Department" means the department of licensing.
     (6) "Director" means the director of the department of licensing.
     (7) "Practice of soil science" means performance of soil science service or work including but not limited to the collection of soil science data, consultation, investigation, evaluation, interpretation, planning, soil mapping, or inspection relating to a service or work that applies to soil science, and the responsible supervision of that service or work, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter.
     (8) "Practice of soil science for others" includes, but is not limited to:
     (a) The preparation of soil science reports, documents, or exhibits by any commission, board, department, district, or division of the state or any political subdivision or of any county, city, or other public body, or by the employees or staff members of the commission, board, department, district, or division of the state or any political subdivision or of any county, city, or other public body when the reports, documents, or exhibits are disseminated or made available to the public in such a manner that the public may reasonably be expected to rely upon or be affected by them; and
     (b) The performance of soil science services by an individual, firm, partnership, corporation, or other association or by their employees or staff members, whether or not the principal business of the organization is the practice of soil science, which the soil science reports, documents, or exhibits constituting the practice of soil science are disseminated or made available to the public or an individual or organization in such a manner that the public or individual or combination of individuals may reasonably be expected to rely upon or be affected by them. However, soil science reports, documents, or exhibits that are prepared by the employees or staff members of an individual, firm, partnership, corporation, or other association or commission, board, department, district, or division of the state or political subdivision or a county, city, or other public body that are for use solely within the organizations are considered in-house reports, documents, or exhibits and are not the practice of soil science for others unless or until the reports are disseminated or made available as set forth in this subsection.
     (9) "Responsible charge" means the exercise of fully independent control and direction of soil science work or the supervision of such work, and being fully responsible, answerable, accountable, or liable for the results.
     (10) "Soil" is the unconsolidated either mineral or organic, or both, material on the immediate surface of the earth that serves as a natural medium for the growth of plants, and that has been subjected to and shows effects of genetic and environmental factors of climate, including water and temperature effects, and macro and microorganisms conditioned by relief (topography), acting on parent material over a period of time.
     (11) "Soil science" means the science that deals with the treatment and study of soils as a natural resource on the surface of the earth including but not limited to soil formation, classification, conservation, and mapping as well as the study of soil physical, chemical, and biological properties.
     (12) "Soil scientist" means a person who, by reason of the person's knowledge of soil science, mathematics, the environment, and the supporting physical and life sciences, acquired by education and practical experience, has met the qualifications established under this chapter, and has been issued a license as a soil scientist by the board.
     (13) "Subordinate" means a person who assists in the practice of soil science by a licensed soil scientist without assuming the responsible charge of the work.

NEW SECTION.  Sec. 3   (1) It is unlawful for a person to practice or offer to practice soil science for others in this state, or to use in connection with the person's name or otherwise assume or advertise any title or description tending to convey the impression that the person is a licensed soil scientist, unless the person has been licensed under the provisions of this chapter.
     (2) A person shall be construed to practice or offer to practice soil science within the meaning and intent of this chapter, if the person:
     (a) Practices any branch of the profession of soil science;
     (b) Represents by verbal claim, sign, advertisement, letterhead, card, or in any other way himself or herself to be a soil scientist;
     (c) Implies through the use of some other title that he or she is a soil scientist or that he or she is licensed under this chapter; or
     (d) Holds himself or herself out as able to perform or does perform any soil science services or work recognized by the board as the practice of soil science for others.

NEW SECTION.  Sec. 4   (1) An advisory committee is created to provide recommendations to the board and the director concerning the administration of this chapter. The advisory committee consists of five members who are conversant with and experienced in the soil science profession, and who are otherwise eligible for licensure under this chapter. Subsequent to the initial appointments, all members must be licensed under this chapter. All advisory committee members must be soil science society of America certified professional soil scientists or certified professional soil classifiers. Each member of the advisory committee must be a resident of the state.
     (2) The director shall appoint to the advisory committee individuals from across the state, utilizing geographic and experiential diversity as much as possible. The terms of the members of the advisory committee are a maximum of three years, except that the initial appointees to the advisory committee serve the following terms: Two members for two years and three members for three years. No member of the advisory committee is eligible for reappointment to a third consecutive term, but any member is eligible for reappointment after an absence of at least one year from the advisory committee. Any member who is reappointed following an absence of at least one year from the advisory committee is eligible for reappointment to a second consecutive term and is again eligible for reappointment after an absence of at least one year from the advisory committee.
     (3) Members of the advisory committee serve until replaced by a subsequent appointment even if their appointment exceeds the length of their term, but may resign prior to completing the term of appointment. The director may for just cause remove an advisory committee member. The director shall appoint a new member to fill any vacancy on the advisory committee for the remainder of the unexpired term. Members of the advisory committee may not be compensated, but shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. Three members constitute a quorum.
     (4) At the request of the advisory committee, the director may appoint additional temporary members to the advisory committee for assistance with rule development, examination development, and technical advice on complaints. Temporary members must meet the same minimum qualifications as regular members of the advisory committee. Temporary members have all the powers, duties, and immunities of regular members of the advisory committee and shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. The director shall limit the term of temporary members to one year, but may extend the original appointment up to one additional year.

NEW SECTION.  Sec. 5   The advisory committee shall make recommendations to the board regarding:
     (1) Developing and adopting rules to administer this chapter including, but not limited to, evaluating the experience, scope, and standards of practice of soil science;
     (2) Reviewing complaints and investigations pertaining to the practice of soil science; and
     (3) Performing other duties deemed necessary by the director or the board.

NEW SECTION.  Sec. 6   The director has the following authority in administering this chapter:
     (1) To adopt, amend, and rescind rules approved by the board as deemed necessary to carry out this chapter;
     (2) To adopt fees as provided in RCW 43.24.086;
     (3) To administer licensing examinations approved by the board and to adopt or recognize examinations prepared by other organizations as approved by the board;
     (4) To adopt standards of professional conduct and practice as approved by the board; and
     (5) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance must consist of a statement of the law in question and an agreement to not violate the stated provision. Violation of an assurance under this subsection is grounds for disciplinary action.

NEW SECTION.  Sec. 7   In order to become a licensed soil scientist, an applicant must meet the following requirements:
     (1) An applicant who applies for soil scientist licensing before July 1, 2006, is considered qualified for licensing, without further written examination, if the applicant possesses the specific record of being a current soil science society of America certified professional soil scientist or certified professional soil classifier in good standing.
     (2) On or after July 1, 2006, in order to become a licensed soil scientist, an applicant must:
     (a) Be of good moral and ethical character as attested to by letters of reference submitted by the applicant or as otherwise determined by the board;
     (b) Have graduated from a course of study in soil science satisfactory to the board or satisfy educational equivalents determined by the board;
     (c) Have a documented record of a minimum of five years of experience obtained after the completion of the academic requirements specified in this section, in soil science work of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of such work upon licensing as a soil scientist. The board requires that three years of the experience be gained under the supervision of a soil scientist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, are qualified to have responsible charge of soil science work;
     (d) Pass an examination covering the fundamentals and practice of soil science prescribed or accepted by the board; and
     (e) Meet other general or individual requirements established by the board under its authority under this chapter.

NEW SECTION.  Sec. 8   (1) Experience in professional practice as required under section 7(2)(c) of this act, of a character acceptable to the board and acquired prior to July 1, 2006, is acceptable if the experience: (a) Was acquired under the direct supervision of a soil scientist who meets the educational and experience requirements for licensing under this chapter, or who is licensed in another state that has licensing requirements that are substantially similar to this chapter; or (b) would constitute responsible charge of professional soil science work, as determined by the board;
     (2) Each year of full-time graduate study in soil science qualifies as one year of professional experience, up to a maximum of two years. The board may accept soil science research or teaching of soil science at the college or university level as qualifying experience, provided that such research or teaching, in the judgment of the board, is comparable to experience obtained in the practice of soil science.

NEW SECTION.  Sec. 9   An application for licensing shall be filed with the director on a form provided by the director and must contain statements made under oath demonstrating the applicant's education and practical experience. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for licensing. The application fee for initial licensing shall be determined by the director as provided in RCW 43.24.086. The application, together with the fee, must be submitted to the department prior to the application deadline established by the director. Fees for initial licensing shall include the examination and issuance of a certificate. If the director finds an applicant ineligible for licensing, the fee is retained as an application fee.

NEW SECTION.  Sec. 10   Examinations of applicants for licensing, when required, shall be held at such times and places as determined by the board with the director's approval. The scope of the examination must be directed to an applicant's ability to practice soil science in a manner that ensures the safety of life, health, and property. A candidate failing an examination may apply for reexamination. Subsequent examinations will be granted upon payment of a fee to be determined by the director as provided in RCW 43.24.086.

NEW SECTION.  Sec. 11   (1) The director shall issue a license to any applicant who has satisfactorily met all of the requirements of this chapter for licensing as a soil scientist. The license must show the full name of the license holder, have a number, and be signed by the director and an officer of the board. The issuance by the director of a license to an individual is prima facie evidence that the person is entitled to all the rights and privileges of a licensed soil scientist while the license remains unrevoked or unexpired.
     (2) Each license holder must obtain a seal of the design authorized by the director, bearing the licensee's name, number, and the legend "licensed soil scientist." Soil science reports, plans, and other technical documents prepared by or under the responsible charge of the license holder must be signed, dated, and stamped with the seal or facsimile of the seal. Each signature and stamping constitutes a certification by the license holder that the document was prepared by or under the license holder's responsible charge and that to the license holder's knowledge and belief the document was prepared in accordance with the requirements of this chapter.

NEW SECTION.  Sec. 12   The director may, upon application and payment of a fee determined by the director as provided in RCW 43.24.086, issue a license without further examination as a soil scientist to any person who holds a valid license or certificate of qualification issued by the proper authority of any state, territory, or possession of the United States, District of Columbia, or any foreign country, if the applicant's qualifications, as evaluated by the board, meet the requirements of this chapter and the rules adopted by the director.

NEW SECTION.  Sec. 13   Licenses issued under this chapter shall be renewed periodically on a date to be set by the director in conformance with RCW 43.24.140. A license holder who fails to pay the prescribed fee within ninety days shall have his or her license suspended until the license holder pays a renewal fee equal to the current fee plus an amount equal to one year's renewal fee. Any license that has been expired or suspended for five years or more may be reinstated in conformance with rules adopted by the director. Reinstatement conditions may include demonstration of continued practice or competency in the practice of soil science.

NEW SECTION.  Sec. 14   All receipts from fees and fines collected under this chapter must be deposited into the geologists' account created in RCW 18.220.120. Expenditures from the account may be used only for the purposes and provisions of this chapter, including the cost of administering this chapter. Only the director of licensing or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 15   In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, and conditions constitute unprofessional conduct:
     (1) Violating any of the provisions of this chapter or the rules adopted under this chapter;
     (2) Not meeting the qualifications for licensing set forth by this chapter;
     (3) Failing to comply with an assurance of discontinuance entered into with the director; or
     (4) Committing any other act, or failing to act, which act or failure are customarily regarded as being contrary to the accepted professional conduct or standard generally expected of those practicing soil science.

NEW SECTION.  Sec. 16   (1) The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW govern all hearings before the director or the director's designee. Upon a finding that a license holder or applicant has committed unprofessional conduct, the director may issue an order providing for one or any combination of the following:
     (a) Revocation of the license;
     (b) Suspension of the license for a fixed or indefinite term;
     (c) Restriction or limitation of the practice;
     (d) Issuance of a civil fine not to exceed five thousand dollars for each violation;
     (e) Requiring satisfactory completion of a specific program of remedial education or treatment;
     (f) Monitoring of the practice by a peer approved by the director;
     (g) Reprimand or censure;
     (h) Compliance with conditions of probation for a designated period of time;
     (i) Withholding of a license request;
     (j) Refund of fees billed to and collected from the consumer; or
     (k) Other corrective action.
     (2) Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

NEW SECTION.  Sec. 17   A person, including but not limited to consumers, licensees, corporations, organizations, and state and local governments or agencies, may submit a written complaint to the department charging a license holder or applicant with unprofessional conduct and specifying the grounds for the charge. If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional conduct, the director may investigate to determine if there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint.

NEW SECTION.  Sec. 18   The board shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the requirements of RCW 34.05.422.

NEW SECTION.  Sec. 19   The following acts are prohibited and any person committing any of the following acts is guilty of a class 1 civil infraction under chapter 7.80 RCW:
     (1) The practice or offer to practice soil science without being licensed in accordance with the provisions of this chapter;
     (2) Presenting or attempting to use as his or her own the certificate of licensing or seal of another;
     (3) Giving any false or forged evidence of any kind to the director or his or her authorized representative in obtaining a license;
     (4) Falsely impersonating any other licensee; or
     (5) Attempting to use the expired or revoked certificate of licensing.
     All fees, fines, and penalties collected or assessed by a court because of a violation of this section must be remitted to the department to be deposited into the geologists' account created in RCW 18.220.120.

NEW SECTION.  Sec. 20   The director is authorized to apply for relief by injunction without bond, to restrain a person from the commission of any act that is prohibited under this chapter. In such proceedings, it is not necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violation. The director, individuals acting on the director's behalf, and members of the board are immune from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.

NEW SECTION.  Sec. 21   The following activities do not require a certificate of licensing under this chapter:
     (1) Soil science work performed by an employee or a subordinate of a soil scientist licensed under this chapter, provided that the work does not include responsible charge of soil science work as covered by this section, and is performed under the direct supervision of a soil scientist licensed under this chapter, who shall be and remains responsible for such work;
     (2) Soil science work performed by officers and employees of the United States practicing solely as such officers and employees;
     (3) Soil science research conducted through academic institutions by agencies of the federal or state governments, nonprofit research institutions, or for-profit organizations, including submission of reports of research to public agencies;
     (4) Teaching soil science or related physical or natural sciences;
     (5) The practice of engineering or other licensed professions: (a) The acquisition of engineering data involving soil, rock, ground water, and other earth materials; evaluation of the physical and chemical properties of soil, rock, ground water, and other earth materials; and the utilization of these data in analysis, design, and construction by professional engineers appropriately registered or licensed in this state; and (b) similar work performed by persons or organizations licensed or registered in any other profession or occupation related to soil science, provided that such work is permitted under the applicable licensing or registration law, and is incidental to the practice or the profession or occupation for which licensing or registration is required. Nothing in this section shall be construed to permit the use of the title soil scientist, or any other specialty as defined by the director, by an engineer or other licensed professional except as licensed under this chapter;
     (6) General scientific work customarily performed by such physical or natural scientists as chemists, archaeologists, geologists, geographers, hydrologists, and oceanographers, providing such work does not include the design and execution of soil science investigations, being in responsible charge of soil science, or the drawing of soil science conclusions and recommendations in a way that affects the public health, safety, or welfare; or
     (7) The giving of testimony or preparation and presentation of exhibits or documents for the sole purpose of being placed in evidence before any administrative or judicial tribunal or hearing, providing such testimony, exhibits, or documents do not imply that the person is licensed under the provisions of this chapter.

NEW SECTION.  Sec. 22   The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

NEW SECTION.  Sec. 23   A new section is added to chapter 18.220 RCW to read as follows:
     The board has the following authority in administering chapter 18.-- RCW (sections 1 through 22, 24, and 26 of this act):
     (1) To establish rules, including committee organization and assignment of terms, and meeting frequency and timing, for adoption by the director;
     (2) To establish the minimum qualifications for applicants for licensure as provided by chapter 18.-- RCW (sections 1 through 22, 24, and 26 of this act);
     (3) To approve the method of administration for examinations required by chapter 18.-- RCW (sections 1 through 22, 24, and 26 of this act) or by rule as established by the director. To approve the adoption or recognition of examinations prepared by other organizations for adoption by the director. To set the time and place of examinations with the approval of the director; and
     (4) To establish and review standards of professional conduct and practice for adoption by the director.

NEW SECTION.  Sec. 24   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 25   Sections 1 through 22, 24, and 26 of this act constitute a new chapter in Title 18 RCW.

NEW SECTION.  Sec. 26   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.