AN
ACT Relating to the regulation of geologists; adding a new chapter to Title 18 RCW;
prescribing penalties; providing an effective date; and providing for
submission of a certain section of this act to a vote of the people.
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
geology to safeguard life, health, and property and to promote the public
welfare.
NEW
SECTION. Sec. 2. (1)
It is unlawful for any person to practice, or offer to practice, geology for
others in this state, or to use in connection with his or her name or otherwise
assume or advertise any title or description tending to convey the impression
that he or she is a licensed geologist, or other licensed specialty geologist
title, unless the person has been licensed under the provisions of this
chapter.
(2)
A person shall be construed to practice or offer to practice geology, within
the meaning and intent of this chapter, if the person:
(a)
Practices any branch of the profession of geology;
(b)
By verbal claim, sign, advertisement, letterhead, card, or in any other way
represents himself or herself to be a geologist;
(c)
Through the use of some other title implies that he or she is a geologist 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 geological
services or work recognized by the board as the practice of geology for others.
NEW
SECTION. Sec. 3. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Board" means the geologist licensing board.
(2)
"Department" means the department of licensing.
(3)
"Director" means the director of the department of licensing.
(4)
"Engineering geologist" means a geologist who, by reason of his or
her knowledge of engineering geology, acquired by education and practical
experience, is qualified to engage in the practice of engineering geology, has
met the qualifications in engineering geology established under this chapter,
and has been issued a license in engineering geology by the board.
(5)
"Engineering geology" means a specialty of geology affecting the
planning, design, operation, and maintenance of engineering works and other
human activities where geological factors and conditions impact the public
welfare or the safeguarding of life, health, property, and the environment.
(6)
"Geologist" means a person who, by reason of his or her knowledge of
geology, 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
certificate of licensing as a geologist by the board.
(7)
"Geology" 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.
(8)
"Hydrogeology" means a science that involves the study of the waters
of the earth, including the study of the occurrence, circulation, distribution,
chemistry, remediation, or quality of water or its role as a natural agent that
causes changes in the earth, and the investigation and collection of data
concerning waters in the atmosphere or on the surface or in the interior of the
earth, including data regarding the interaction of water with other gases,
solids, or fluids.
(9)
"Licensed specialty geologist" means a licensed geologist who has met
the qualifications in a specialty of geology established under this chapter and
has been issued a license in that specialty by the board.
(10)
"Practice of engineering geology" means performance of geological
service or work including but not limited to consultation, investigation,
evaluation, planning, geological mapping, and inspection of geological work,
and the responsible supervision thereof, 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, and
includes but is not limited to the commonly recognized geological practices of
construction geology, environmental geology, and urban geology.
(11)
"Practice of geology" 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 geology, and the
responsible supervision thereof, 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.
(12)
"Practice of geology for others" includes, but is not limited to:
(a)
The preparation of geologic reports, documents, or exhibits by any commission,
board, department, district, or division of the state or any political
subdivision thereof 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 thereof 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 thereon or be affected thereby; and
(b)
The performance of geological services by any individual, firm, partnership,
corporation, or other association or by the employees or staff members thereof,
whether or not the principal business of the organization is the practice of
geology, which the geological reports, documents, or exhibits constituting the
practice of geology are disseminated or made available to the public or any
individual or organization in such a manner that the public or individual or
combination of individuals may reasonably be expected to rely thereon or be
affected thereby.
However,
geological reports, documents, or exhibits that are prepared by the employees
or staff members of any individual, firm, partnership, corporation, or other
association or commission, board, department, district, or division of the
state or any political subdivision thereof or any county, city, or other public
body that are for use solely within such organizations are considered in-house
reports, documents, or exhibits and are not the practice of geology for others
unless or until the reports are disseminated or made available as set forth in
(a) or (b) of this subsection.
(13)
"Practice of hydrogeology" means the performance of or offer to
perform any hydrogeologic service or work in which the public welfare or the
safeguarding of life, health, environment, or property is concerned or
involved. This includes the collection of geological data, and consultation,
investigation, evaluation, interpretation, planning, or inspection relating to
a service or work that applies hydrogeology.
(14)
"Responsible charge" means the exercise of fully independent control
and direction of geological work or the supervision of such work, and being
fully responsible, answerable, accountable, or liable for the results.
(15)
"Specialty" means a branch of geology that has been recognized under
this chapter for the purposes of licensure. Engineering geology is considered
to be a specialty of geology.
(16)
"Subordinate" means any person who assists in the practice of geology
by a licensed geologist or an exempt person, without assuming the responsible
charge of the work.
NEW
SECTION. Sec. 4. The
state geologist licensing board is created. The board
consists of seven members, six of whom shall be appointed by the director, who
shall advise the director concerning the administration of this chapter. Of
the initial appointments to the board, five shall be actively engaged in the
practice of geology for at least ten years, five of which shall have been
immediately prior to their appointment to the board. Subsequent to the initial
appointments, five members of the board must be geologists licensed under this
chapter, two of whom shall be licensed in a specialty of geology recognized
under this chapter. Insofar as possible, the composition of the appointed
geologists serving on the board shall be generally representative of the
occupational distribution of geologists licensed under this chapter. One
member of the board must be a member of the general public with no family or
business connection with the practice of geology. The supervisor of geology of
the department of natural resources is an ex officio member of the board.
Members of the board shall be appointed for terms of four years. Terms shall
be staggered so that not more than two appointments are scheduled to be made in
any calendar year. Members shall hold office until the expiration of the terms
for which they were appointed and until their successors have been appointed
and have qualified. A board member may be removed for just cause. The
director may appoint a new member to fill a vacancy on the board for the
remainder of the unexpired term.
Each
board member shall be entitled to compensation for each day spent conducting
official business and to reimbursement for travel expenses in accordance with
RCW 43.03.240, 43.03.050, and 43.03.060.
NEW
SECTION. Sec. 5. 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 issue subpoenas and administer oaths in connection with an investigation,
hearing, or proceeding held under this chapter;
(5)
To take or cause depositions to be taken and use other discovery procedures as
needed in an investigation, hearing, or proceeding held under this chapter;
(6)
To compel attendance of witnesses at hearings;
(7)
In the course of investigating a complaint or report of unprofessional conduct,
to direct the board to conduct practice reviews and disciplinary hearings;
(8)
To take emergency action ordering summary suspension of a license, or restrict
or limit a licensee's practice pending further proceedings by the director;
(9)
To use the board or, at the request of the board, the office of administrative
hearings, as authorized in chapter 34.12 RCW, to conduct hearings. However,
the director or the director's designee shall make the final decision as to
disposition of the charges;
(10)
To enter into contracts for professional services determined to be necessary
for adequate enforcement of this chapter;
(11)
To adopt standards of professional conduct and practice as approved by the
board;
(12)
In the event of a finding of unprofessional conduct by an applicant or license
holder, to impose sanctions against a license applicant or license holder as
provided by this chapter;
(13)
To enter into an assurance of discontinuance in lieu of issuing a statement of
charges or conducting a hearing. The assurance shall 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;
(14)
To designate individuals authorized to sign subpoenas and statement of charges;
and
(15)
To employ investigative, administrative, and clerical staff as necessary for
the enforcement of this chapter.
NEW
SECTION. Sec. 6. The
board has the following authority in administering this chapter:
(1)
To establish rules, including board 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 this chapter;
(3)
To approve the method of administration for examinations required by this
chapter 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;
(4)
To establish and review standards of professional conduct and practice for
adoption by the director. Rules of professional conduct will be consistent
with those outlined for engineers and land surveyors;
(5)
To designate specialties of geology to be licensed under this chapter;
(6)
To conduct disciplinary hearings; and
(7)
To conduct practice reviews.
NEW
SECTION. Sec. 7. In
order to become a licensed geologist, an applicant must meet the following
requirements:
(1)
The applicant shall 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;
(2)
The applicant shall have graduated from a course of study in geology
satisfactory to the board or satisfy educational equivalents determined by the
board;
(3)
The applicant shall have a documented record of a minimum of five years of
experience in geology or a specialty of geology, obtained subsequent to
completion of the academic requirements specified in this section, in
geological 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 geologist. The board shall require that three years of the
experience be gained under the supervision of a geologist 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 geological work;
(4)
The applicant shall have passed an examination covering the fundamentals and
practice of geology prescribed or accepted by the board;
(5)
The applicant shall meet other general or individual requirements established
by the board pursuant to its authority under this chapter;
(6)
For licensing in any geological specialty recognized under this chapter, an
applicant must first be a licensed geologist under this chapter, and then meet
the following requirements:
(a)
In addition to the educational requirements for licensing as a geologist
defined in subsection (2) of this section, an applicant for licensing in any
specialty of geology established by the board shall have successfully completed
advanced study pertinent to their specialty, or equivalent seminars or
on-the-job training acceptable to the board;
(b)
The applicant's experience shall include a documented record of five years of
experience, after completion of the academic requirements specified in this
subsection, in geological work in the applicable specialty of a character
satisfactory to the board, and demonstrating that the applicant is qualified to
assume responsible charge of the specialty work upon licensing in that
specialty of geology. The board shall require that three years of the
experience be gained under the supervision of a geologist licensed in the
specialty 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
geological work in the specialty; and
(c)
The applicant must pass an examination in the applicable specialty prescribed
or accepted by the board;
(7)
The following standards are applicable to experience in the practice of geology
or a specialty required under subsections (3) and (6) of this section:
(a)
Each year of professional practice of a character acceptable to the board,
carried out under the direct supervision of a geologist who (i) is licensed in
this state or is licensed in another state with licensing standards
substantially similar to those under this chapter; or (ii) meets the
educational and experience requirements for licensing, but who is not required
to be licensed under the limitations of this chapter, qualifies as one year of
professional experience in geology;
(b)
Each year of professional specialty practice of a character acceptable to the
board, carried out under the direct supervision of a (i) geologist who is
licensed in a specialty under this chapter, or who is licensed as a specialty
geologist in another state that has licensing requirements that are
substantially similar to this chapter; or (ii) specialty geologist who meets
the educational and experience requirements for licensing, but who is not
required to be licensed under the limitations of this chapter, qualifies as one
year of practice in the applicable specialty of geology; and
(c)
Experience in professional practice, of a character acceptable to the board and
acquired prior to one year after the effective date of this section, qualifies
if the experience (i) was acquired under the direct supervision of a geologist
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 (ii) would constitute
responsible charge of professional geological work, as determined by the board;
(8)
Each year of full-time graduate study in the geological sciences or in a
specialty of geology shall qualify as one year of professional experience in
geology or the applicable specialty of geology, up to a maximum of two years.
The board may accept geological research, teaching of geology, or a geological
specialty 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 geology or a specialty thereof;
(9)
An applicant who applies for licensing within one year after this section
becomes effective shall be considered to be qualified for licensing, without
further written examination, if the applicant possesses the following
qualifications:
(a)(i)
A specific record of graduation with a bachelor of science or bachelor of arts
or higher degree, with a major in geology granted by an approved institution of
higher education acceptable to the board; or
(ii)
Graduation from an approved institution of higher education in a four-year
academic degree program other than geology, but with the required number of
course hours as defined by the board to qualify as a geologist or engineering
geologist; and
(b)
Experience consisting of a minimum of five years of professional practice in
geology or a specialty thereof as required under subsections (3) and (7) of
this section, of a character acceptable to the board;
(10)
An applicant who applies for licensing in a specialty within one year after
recognition of the specialty under this chapter shall be considered qualified
for licensing in that specialty, without further written examination, if the
applicant:
(a)
Is qualified for licensing as a geologist in this state; and
(b)
Has experience consisting of a minimum five years of professional practice in
the applicable specialty of geology as required under subsections (3) and (7)
of this section, of a character acceptable to the board; and
(11)
The geologists initially appointed to the board under section 4 of this act
shall be qualified for licensing under subsections (7) and (8) of this section.
NEW
SECTION. Sec. 1. 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 shall be retained as an application fee.
NEW
SECTION. Sec. 2.
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 shall be directed to an applicant's ability to
practice geology or any approved specialty of geology in a manner to ensure 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. 3. The
director shall issue a certificate of licensing to any applicant who has
satisfactorily met all of the requirements of this chapter for licensing as a
geologist or an approved specialty geologist. The certificate shall show the
full name of the license holder, shall have a certificate number, and shall be
signed by the director and an officer of the board. The issuance by the
director of a certificate of licensing to an individual shall be prima facie
evidence that the person is entitled to all the rights and privileges of a
licensed geologist or specialty geologist while the certificate remains
unrevoked or unexpired.
Each
license holder shall obtain a seal of the design authorized by the director,
bearing the licensee's name, certificate number, and the legend "licensed
geologist" together with any specialty in which the individual may be
authorized. Geological reports, plans, and other technical documents prepared
by or under the responsible charge of the license holder shall be signed,
dated, and stamped with the seal or facsimile thereof. Each signature and
stamping constitutes a certification by the license holder that the document
was prepared by or under his or her responsible charge and that to his or her
knowledge and belief the document was prepared in accordance with the
requirements of this chapter.
NEW
SECTION. Sec. 4. The
director may, upon application and payment of a fee determined by the director
as provided in RCW 43.24.086, issue a license and certificate without further
examination as a geologist or specialty geologist to any person who holds a
license or certificate of qualification issued by 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. 5.
Licenses issued in conformance with 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 following
the date of expiration shall pay a renewal fee equal to the current fee plus an
amount equal to one year's renewal fee. Any license that has been expired 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 geology or an approved specialty of
geology.
NEW
SECTION. Sec. 6. (1)
All fees and fines collected under the provisions of this chapter shall be paid
into the geologists' account, created in subsection (2) of this section.
(2)
The geologists' account is created in the custody of the state treasurer. All
receipts from fines and fees collected under this chapter must be deposited
into the account. Expenditures from the account may be used only to carry out
the duties required for the operation and enforcement of 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. 7. The
following acts are prohibited and constitute grounds for disciplinary action or
denial, suspension, or revocation of any license under this chapter:
(1)
Knowingly violating any of the provisions of this chapter or the rules adopted
under this chapter;
(2)
Knowingly making a material misstatement or omission in the application for or
renewal of a license;
(3)
Not meeting the qualifications for licensing set forth by this chapter;
(4)
Incompetency, misconduct, fraud, gross negligence, or repeated incidents of
negligence in or related to the practice of geology;
(5)
Conviction of a gross misdemeanor or felony or the commission of any act
involving moral turpitude, dishonesty, or corruption whether or not the act
constitutes a crime. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary action. Upon such
conviction, however, the judgment and sentence is conclusive evidence at the
ensuing disciplinary hearing of the guilt of the license holder or applicant of
the crime described in the indictment or information, and of the person's
violation of the statute on which it was based. For the purposes of this
section, conviction includes all instances in which a plea of guilty or nolo
contendere is the basis for the conviction and all proceedings in which the
sentence has been deferred or suspended. Nothing in this section abrogates
rights guaranteed under chapter 9.96A RCW;
(6)
Advertising that is false, fraudulent, or misleading;
(7)
Suspension, revocation, or restriction of the individual's license to practice
the profession by competent authority in any state, federal, or foreign
jurisdiction, a certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(8)
Aiding or abetting an unlicensed person to practice if a license is required;
(9)
Failure to adequately supervise subordinates to the extent that the public
health or safety is at risk;
(10)
Failure to cooperate with the director by:
(a)
Not furnishing any necessary papers or documents requested by the director for
purposes of conducting an investigation for disciplinary action, denial,
suspension, or revocation of a license under this chapter;
(b)
Not furnishing in writing a full and complete explanation covering the matter
contained in a complaint filed with the department; or
(c)
Not responding to subpoenas issued by the director, whether or not the
recipient of the subpoena is the accused in the proceeding;
(11)
Failure to comply with an order issued by the director or an assurance of
discontinuance entered into with the director;
(12)
Interference with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the director or the director's authorized
representative, or by use of threats or harassment against any client or
witness to prevent them from providing evidence in a disciplinary proceeding or
any other legal action; or
(13)
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 geology.
NEW
SECTION. Sec. 8. The
procedures governing adjudicative proceedings before agencies under chapter
34.05 RCW govern all hearings before the director or his or her 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:
(1)
Revocation of the license;
(2)
Suspension of the license for a fixed or indefinite term;
(3)
Restriction or limitation of the practice;
(4)
Issuance of a civil fine not to exceed five thousand dollars for each
violation;
(5)
Requiring satisfactory completion of a specific program of remedial education
or treatment;
(6)
Monitoring of the practice by a peer approved by the director;
(7)
Reprimand or censure;
(8)
Compliance with conditions of probation for a designated period of time;
(9)
Withholding of a license request;
(10)
Refund of fees billed to and collected from the consumer; or
(11)
Other corrective action.
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. 9. 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 shall 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. 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. 10. The
board shall immediately suspend the license or practice permit 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. 11. 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 geology or geological specialty 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 shall be remitted to the department to be deposited
into the geologists' account created in section 13 of this act.
NEW
SECTION. Sec. 12. 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. 13. The
following activities do not require a certificate of licensing under this chapter:
(1)
Geological work performed by an employee or a subordinate of a geologist or
specialty geologist licensed under this chapter, provided that the work does
not include responsible charge of geological work as covered by this section,
and is performed under the direct supervision of a geologist licensed under
this chapter, who shall be and remains responsible for such work;
(2)
Geological work performed by officers and employees of the United States
practicing solely as such officers and employees;
(3)
Geological work performed exclusively in the exploration for energy and mineral
resources, insofar as such work has no substantial impact upon the public
health, safety, and welfare as determined by regulations issued by the
director;
(4)
Geological research conducted through academic institutions, agencies of the
federal or state governments, nonprofit research institutions, or for-profit
organizations, including submission of reports of research to public agencies;
(5)
Teaching geology or related physical or natural sciences;
(6)
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 geology, 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
geologist or engineering geologist, or any other specialty as defined by the
director, by an engineer or other licensed professional except as licensed
under this chapter;
(7)
General scientific work customarily performed by such physical or natural
scientists as chemists, archaeologists, geographers, hydrologists,
oceanographers, pedologists, and soil scientists, providing such work does not
include the design and execution of geological investigations, being in
responsible charge of geological or specialty geological work, or the drawing
of geological conclusions and recommendations in a way that affects the public
health, safety, or welfare; or
(8)
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 registered under the
provisions of this chapter.
NEW
SECTION. Sec. 14. 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. 15.
Sections 1 through 21 of this act constitute a new chapter in Title 18 RCW.
NEW
SECTION. Sec. 16.
Sections 1 through 21 of this act take effect July 1, 2001.
NEW SECTION. Sec. 17. The
secretary of state shall submit section 5 of this act to the people for their
adoption and ratification, or rejection, at the next general election to be
held in this state, in accordance with RCW 43.135.090 (section 2, chapter 1,
Laws of 2000, Initiative Measure No. 695). The suggested ballot title for this
act is: "Shall the state department of licensing be authorized to levy
fees on geologists sufficient to pay for their licensure?"
