SLS 10RS-1440 ENGROSSED
Page 1 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 788
BY SENATOR HEBERT
FEES/LICENSES/PERMITS. Enacts the Louisiana Professional Geoscience Practice Act.
(1/01/11)(2/3CAVIIs2.1)
AN ACT1
To amend and reenact R.S. 44:4.1(B)(21), and to enact Chapter 8-A of Title 37 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 37:711.1 through3
711.24, relative to the professional geoscientists; to provide for a board; to provide4
for meetings; to provide for powers; to provide for records and reports; to provide5
for requirements; to provide for exemptions; to provide for applications and fees; to6
provide for examinations; to provide for eligibility; to provide for types of licenses;7
to provide for issuance of licenses; to provide for expiration and renewal of licenses;8
to provide for professional development; to provide for a seal; to provide for9
disciplinary procedures; to provide for enforcement; and to provide for related10
matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Chapter 8-A of Title 37 of the Louisiana Revised Statutes of 1950, to be13
comprised of R.S. 37:711.1 through 711.24, is hereby enacted to read as follows: 14
CHAPTER 8-A. PROFESSIONAL GEOSCIENTISTS15
§711.1. Short title16
This Chapter may be cited as the "Louisiana Professional Geoscience17 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 2 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Practice Act".1
§711.2. Definitions2
The following words and phrases when used in this Chapter shall have3
the following meaning, unless the context clearly requires otherwise:4
(1) "Applicant" means any person seeking to practice geoscience in the5
state of Louisiana, that has applied to the board for authority to practice the6
respective profession and render such professional geoscience services in the7
state of Louisiana, or an individual who has applied to the board for8
certification as a geoscientist in training.9
(2) "Board" means the Louisiana Board of Professional Geoscientists,10
provided for by this Chapter.11
(3) "Certification", "certified", or "certificate holder" means the12
recognition granted by the board and its issuance of a certificate to any13
individual seeking such recognition as a geoscientist in training, who has been14
successfully examined and is otherwise in good standing with the board.15
(4) "Engineer" or "professional engineer" means an individual who, by16
reason of his special knowledge and ability to apply the mathematical, physical,17
and engineering sciences and the principles and methods of engineering analysis18
and design, acquired by an engineering education and engineering experience,19
is qualified to practice engineering, as evidenced by his licensure as such by the20
Louisiana Professional Engineering and Land Surveying Board, as set forth in21
Chapter 8 of this Title.22
(5) "Geoscience" means the science of the earth and its origin and23
history, the investigation of the earth's environment and its constituent soils,24
rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and25
introduced agents, forces, and processes that cause changes in and on the earth.26
(6) "Geoscientist" means a person qualified to engage in the practice of27
geoscience because of the person's knowledge, acquired through education and28
practical experience, of geoscience, mathematics, and the supporting physical,29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 3 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
chemical, mineralogical, morphological, and life sciences.1
(7) "Geoscientist in training" means a person registered by the board2
on the basis of education and who meets other requirements established by the3
board but who is not fully qualified to be a licensed geoscientist under this4
Chapter.5
(8) "Licensed geoscientist" or "professional geoscientist" means a6
person who holds a license issued by the board under this Chapter.7
(9) "Licensee" means any person practicing or seeking to practice8
geoscience in the state of Louisiana who has received a license from the board9
and is otherwise in good standing with the board. The term is often used10
synonymously with the term "registrant".11
(10) "Licensed" or "licensure" means the recognition granted by the12
board and its issuance of a license to any person to practice geoscience in the13
state of Louisiana. These terms are often used synonymously with the terms14
"registered" or "registration".15
(11) "Person" means any individual.16
(12) (a) "Practice of engineering" means responsible professional service17
which may include consultation, investigation, evaluation, planning, designing,18
or inspection of construction in connection with any public or private utilities,19
structures, machines, equipment, processes, works, or projects wherein the20
public welfare or the safeguarding of life, health, and property is concerned or21
involved, when such professional service requires the application of engineering22
principles and the interpretation of engineering data.23
(b) A person shall be construed to practice or offer to practice24
engineering who practices in any discipline of the profession of engineering, or25
who, by verbal claim, sign, advertisement, letterhead, card, or in any other way26
represents himself to be a professional engineer, or who represents himself as27
able to perform, or who does perform any engineering service or work or any28
other professional service designated by the practitioner or recognized by29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 4 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
educational authorities as engineering. The practice of engineering shall not1
include the work ordinarily performed by a person who himself operates or2
maintains machinery or equipment.3
(13) "Practice of geoscience" means the practice for the public of4
geoscientific services or work, including consulting, investigating, evaluating,5
analyzing, planning, mapping, and inspecting geoscientific work and the6
responsible supervision of those tasks.7
(14)(a) "Practice of land surveying" includes the measuring of areas,8
land surfaces, streams, bodies of water, and swamps for correct determination9
and description, for the establishment, reestablishment, ascertainment, or10
description of land boundaries, corners, divisions, distances, and directions, the11
plotting and monumenting of lands and subdivisions thereof, and mapping and12
topographical work.13
(b) A person shall be construed to practice or offer to practice land14
surveying who engages in land surveying and who by verbal claim, sign,15
advertisement, letterhead, card, or in any other way represents himself to be a16
land surveyor, or who represents himself as able to perform or who does17
perform any land surveying service or work, or any other service designated by18
the practitioner which is recognized as land surveying.19
(15) "Responsible charge" means the independent control and direction20
of geoscientific work or the supervision of geoscientific work by the use of21
initiative, skill, and independent judgment.22
(16) "Water well driller" or "licensed water well driller" means a23
person, firm, or corporation licensed to drill a water well, as set forth in R.S.24
38:3098.25
§711.3. Application of Chapter26
A. This Chapter shall not authorize the practice of professional land27
surveying by a licensed geoscientist. This Chapter shall not apply to a qualified28
and licensed professional land surveyor who confines the professional land29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 5 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
surveyor's practice to the practice of land surveying as described in Chapter 81
of this Title.2
B. This Chapter shall not authorize the practice of engineering by a3
licensed geoscientist.4
C. This Chapter shall not require a licensed professional engineer, or a5
person acting under the responsible charge of a licensed professional engineer,6
who also regularly performs geoscientific services or work that is both7
engineering and geoscience, to be licensed as a geoscientist or to work under the8
supervision of a licensed geoscientist.9
D. A recommendation, design, analysis, redesign, or review and10
evaluation, the supervision, or a summary analysis of an engineered structure11
or work, the performance of which requires engineering education, training,12
and experience in the application of special knowledge of mathematical,13
physical, and engineering sciences, is the practice of engineering and is subject14
to Chapter 8 of this Title.15
E. This Chapter shall not permit a licensed geoscientist to perform an16
engineering analysis supporting an engineering design unless the action is under17
the responsible charge of a professional engineer.18
F. This Chapter shall not permit a licensed geoscientist to provide19
construction quality control and evaluation, to perform materials engineering20
and testing, or to design, develop, or perform engineering review and evaluation21
of engineering plans and engineering specifications for an engineered structure22
or work unless the action is under the responsible charge of a professional23
engineer.24
G. (1) With regard to an environmental and pollution remediation25
project, this Chapter permits the characterization, study, appraisal,26
investigation, analysis, and geoscientific review and evaluation of and the27
making of recommendations regarding the geoscientific components of the28
project by a licensed geoscientist.29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 6 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) This Chapter shall not permit the design, development, or1
performance of engineering review and evaluation of a component of the project2
consisting of an engineered structure, work, or process or a related constructed3
improvement by a licensed geoscientist.4
H. (1) With regard to a geoscientific investigation of geological conditions5
affecting an engineered structure, work, or process, this Chapter permits the6
characterization, study, appraisal, investigation, analysis, and geoscientific7
review and evaluation of and the making of recommendations regarding the8
geoscientific components of the engineered structure, work, or process by a9
licensed geoscientist.10
(2) This Chapter shall not permit the design, development, or11
performance of engineering review and evaluation of the engineered structure,12
work, or process or a related constructed improvement by a licensed13
geoscientist.14
I. The board and the Louisiana Professional Engineering and Land15
Surveying Board by rule, memorandum of understanding, or other appropriate16
procedure or document shall jointly resolve any conflict between this Chapter17
or a rule adopted under this Chapter and Chapter 8 of this Title or a rule18
adopted under that Chapter.19
J. This Chapter shall not authorize a licensed geoscientist to act as or20
offer to perform services as a water well driller. This Chapter shall not apply21
to a licensed water well driller who confines the water well driller's to activities22
described under R.S. 38:3098.23
§711.4. Board; appointments; terms24
A. The Louisiana Board of Professional Geoscientists is hereby created25
to administer the provisions of this Chapter. The board shall consist of nine26
members, six of whom shall be licensed geoscientists, one of whom shall be a27
licensed professional engineer with expertise in geotechnical engineering and28
geoscience, and two of whom shall be members of the public.29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 7 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The governor shall appoint all members to the board subject to Senate1
confirmation.2
C. The members shall serve at the pleasure of the governor.3
D. This board shall be financially self-sufficient. It shall receive no state4
funds through appropriation or otherwise and shall not expend any such state5
funds. No state funds shall be expended or committed to expenditure to the6
board for a group benefits program or any other health insurance or employee7
benefit program, for any retirement system, for any salary, per diem payment,8
travel or expenses, office supplies and materials, rent, purchase of any product9
or service, or for any other purpose.10
§711.5. Qualifications of board members11
Each member of the board shall be a citizen of the United States and a12
resident of this state for at least the three years preceding appointment.13
§711.6. Compensation and expenses14
Each member of the board shall receive the amount set by the board, but15
not to exceed one hundred dollars per diem when actually attending to the work16
of the board or any of its committees, and for the time spent in necessary travel;17
and, in addition thereto, shall be reimbursed for all actual traveling, incidental18
and clerical expenses necessarily incurred in carrying out the provisions of this19
Chapter.20
§711.7. Organization and meetings21
A. The board shall hold at least four regular meetings each year.22
Special meetings shall be held at such time and place as specified by a call of the23
chairman or secretary. Notice of all meetings shall be given in writing to each24
member by the secretary. The board shall elect annually from its membership25
the following officers: a chairman, a vice chairman, a secretary, and a26
treasurer. A quorum of the board shall be a majority of its members. The27
board may appoint or employ an assistant secretary, executive secretary,28
treasurer, or other officers or employees not members of the board, to whom29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 8 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
clerical and administrative duties may be assigned. The board shall fix the1
compensation of such persons not under the state civil service.2
B. The board shall be domiciled and maintain its principal office in the3
city of Baton Rouge and shall maintain its records at said principal office, and4
shall hold its regular meetings there, unless, in the discretion of the chairman,5
it is necessary or convenient to meet elsewhere. A change in domicile of the6
board may be made by a two-thirds affirmative vote of the entire board7
membership at a regular meeting.8
§711.8. Powers of the board9
A. The board shall have the power to make, adopt, amend, and10
promulgate bylaws not inconsistent with the constitution and laws of this state,11
which may be reasonably necessary for the proper performance of its duties,12
and the regulation of the proceedings before it. The board shall adopt and have13
an official seal, which shall be affixed to all licenses and certificates issued.14
B.(1) Each member of the board shall have power to administer oaths,15
and the board shall have power to subpoena witnesses and compel the16
production of books and papers pertinent to any investigation, hearing, or17
disciplinary or enforcement proceeding authorized by this Chapter, and any18
employee of the board engaged in such investigation, hearing, or disciplinary19
or enforcement proceeding shall have the power to administer oaths to and take20
the depositions of persons pertaining to any investigation, hearing, or21
disciplinary or enforcement proceeding.22
(2) The board may require any law enforcement officer or any state23
agency, the sheriffs of the various parishes, or constables, marshals, or other24
law enforcement officers of any parish or municipality to serve such subpoenas25
and other process of said board. Whenever parish, municipal, or other local26
officers are required to serve such subpoenas or other process of the board, they27
shall be paid the same fees by the board as are provided by law for similar28
services under processes issued by district courts.29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 9 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3)(a) Any person who shall fail to appear in response to a subpoena or1
to answer any question or produce any books or papers pertinent to any such2
investigations, hearings, or disciplinary or enforcement proceedings or who3
shall knowingly give false testimony therein shall be guilty of a misdemeanor4
and subject to the actions, sanctions, and penalties provided by this Chapter.5
(b) In case of contumacy or refusal to obey a subpoena issued to any6
person, any district court within the jurisdiction of which the inquiry is carried7
on, or within the jurisdiction of which said person guilty of contumacy or8
refusal to obey is found, or resides, or transacts business upon application by9
the board, shall have jurisdiction to issue to such person an order requiring10
such person to appear before the board, its member, or agent, and to produce11
evidence, if so ordered, or there to give testimony touching on the matter under12
consideration or in question; and any failure to obey such order of court may13
be punished by said court as a contempt thereof.14
C.(1) The board shall adopt, promulgate, and enforce rules and15
regulations in accordance with the Administrative Procedure Act, which may16
be reasonably necessary for the protection of the public and proper17
administration of this Chapter. These rules and regulations shall be binding18
upon all applicants, licensed geologists and geologists-in-training, including all19
geoscience firms. These rules and regulations shall be made known, in writing,20
to every applicant, licensee, and certificate holder under this Chapter. The21
board may revise and amend these rules and regulations from time to time, in22
accordance with the Administrative Procedure Act, and shall notify each23
licensee and certificate holder in writing or by notice in the official journal of24
the board of such revision or amendment.25
(2) The board may establish, adopt, promulgate, and publish rules and26
regulations in accordance with the Administrative Procedure Act, concerning27
the procurement of professional geoscientific services.28
D. The board is hereby authorized in its own name to apply for relief by29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 10 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
injunction in the established manner provided in cases of civil procedure to1
enforce the provisions of this Chapter, or to restrain any violation thereof. In2
such proceedings, it shall be unnecessary to allege or prove that either an3
adequate remedy at law does not exist or that substantial or irreparable damage4
would result from the continued violation thereof.5
E. The board may subject an applicant to such examinations as it deems6
necessary to determine his qualifications. In the event a question arises as to the7
competence of a licensee or certificate holder in a specific technical field which8
cannot be otherwise resolved to the board's satisfaction, the board, either upon9
request of the licensee or certificate holder or on its own volition, may submit10
the licensee or certificate holder to appropriate examinations.11
F. The board, by rule or regulation adopted in accordance with the12
Administrative Procedure Act, may create license or renewal statutes for13
licensees and former licensees, and may establish classifications of licensure14
including but not limited to active, expired, inactive, and retired classifications.15
§711.9. Receipts and disbursements16
A. The treasurer or the executive secretary of the board, or any other17
person or persons authorized by the board, shall receive, disburse, and account18
for all monies paid to or received by the board. He shall institute a system of19
books and financial records satisfactory to the legislative auditor, who shall20
audit them annually. The treasurer shall open an account in a bank designated21
by the board as its official depository in the city wherein the board is domiciled.22
All checks disbursing funds of the board must be signed by any two of the23
following persons: the executive secretary, the deputy executive secretary, the24
treasurer, or any member of the board as directed by the board. All25
disbursements of funds shall be approved by the board. All funds of the board26
shall be deposited within seventy-two hours after receipt.27
B. The board may employ such investigators, clerical, or other assistants28
as are necessary for the proper performance of its work, and may make29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 11 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
expenditures from its funds for any purpose which, in the opinion of the board,1
is reasonably necessary for the proper performance of its duties under this2
Chapter, including the expenses of the board's delegates to conventions and3
meetings of, and any applicable membership dues. The board may, if it deems4
necessary, or upon advice of the attorney general, hire counsel and investigators5
and pay traveling expenses thereof for the investigation and prosecution of any6
disciplinary or enforcement proceeding under this Chapter.7
C. The board may, at its discretion, pay any witness subpoenaed to8
appear before the board an amount set by the board, but not to exceed one9
hundred dollars per diem, when actually in attendance, including time spent in10
traveling, not to exceed one day to and one day from the location of the board11
meeting, and in addition, the board may reimburse any witness for actual12
traveling expenses when furnished with proof of such expenses, including hotel13
when a witness resides in a parish other than the one in which the board is14
meeting.15
D. Under no circumstances shall the total amount of warrants issued by16
the board in payment of the expenses and compensation provided for in this17
Chapter exceed the amount of the income, funds, and fees collected by the18
board.19
E. All funds derived from fines as provided by this Chapter shall be20
deposited in the state general fund.21
§711.10. Records and reports22
A.(1) The board shall keep a record of its proceedings and a file of all23
applications, which file shall show:24
(a) The name, age, and residence of each applicant.25
(b) The date of the application.26
(c) The place of business of such applicant.27
(d) Educational and other qualifications of the applicant.28
(e) Whether or not an examination was required.29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 12 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(f) Whether the applicant was rejected.1
(g) Whether a license or certification was granted.2
(h) The date of the action of the board.3
(i) Such other information which may be deemed necessary by the board.4
(2) The records of the board shall be prima facie evidence of the5
proceedings of the board set forth therein, and a transcript thereof, duly6
certified by the secretary of the board, under seal, shall be admissible in7
evidence with the same force and effect as if the original were produced.8
B. All records maintained by the board in connection with disciplinary9
and enforcement proceedings and actions or its administration of examinations,10
including examinations, answer sheets, solutions, and grade sheets, together11
with all the background information involving personal and employer12
references shall be deemed confidential and as such, exempt from the provisions13
of Chapter 1, Title 44 of the Louisiana Revised Statutes of 1950; however, any14
applicant shall have the right to examine other documents relating and15
pertaining to any action taken by the board with regard to such applicant, but16
only to the extent that those documents are in the actual possession of the board.17
Notwithstanding any provision of law to the contrary, the board, at its18
discretion, may publish and shall disclose any documents and information19
relating and pertaining to disciplinary and enforcement proceedings and actions20
once the board has rendered a final decision or order.21
§711.11. Rosters and lists22
A. A roster showing the names and addresses of all professional23
geoscientists and the geoscience discipline under which each professional24
geoscientist has been listed, the names and addresses of all geoscientists-in-25
training may be published at the discretion of the board.26
B. The board shall maintain a list of each state or foreign country in27
which the requirements and qualifications for licensure or registration are28
comparable to those established in this state and with which a reciprocity29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 13 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
agreement exists.1
§711.12. License required, exemptions2
A. Unless exempted by this Chapter, a person shall not engage in the3
practice of geoscience unless the person holds a license issued under this4
Chapter.5
B. Unless the person is licensed under this Chapter, he shall not engage6
in any of the following activities:7
(1) Use the term "Licensed Professional Geoscientist", "Licensed8
Geoscientist", "Professional Geoscientist", or the initials "P.G." as part of a9
professional, business, or commercial identification or title.10
(2) Otherwise represent to the public that the person is qualified to11
practice as a geoscientist or engage in the practice of geoscience.12
C. A person shall not take responsible charge of a geoscientific report or13
a geoscientific portion of a report required by municipal or parish ordinance,14
state or federal law, state agency rule, or federal regulation that incorporates15
or is based on a geoscientific study or geoscientific data unless the person is16
licensed under this Chapter.17
D. The following activities do not require a license under this Chapter:18
(1) Geoscientific work performed by an employee or a subordinate of a19
license holder under this Chapter if the work does not include the responsible20
charge of geoscientific work and is performed under the direct supervision of21
a licensed geoscientist who is responsible for the work.22
(2) Geoscientific work performed by an officer or employee of the United23
States practicing solely as such an officer or employee.24
(3) Geoscientific work performed exclusively in exploring for and25
developing oil, gas, or other energy resources, base metals, or precious or26
nonprecious minerals, including sand, gravel, or aggregate, if the work is done27
in and for the benefit of private industry.28
(4) Geoscientific research conducted through an academic institution,29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 14 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
local, state, or federal governmental agency, nonprofit research institution, or1
for-profit organization, including submission of a report on the research to a2
public agency.3
(5) Teaching geoscience or a related physical or natural science.4
(6) Work customarily performed by a cartographer, technician, or5
physical or natural scientist, including a geologist, geophysicist, soil scientist,6
chemist, archaeologist, geographer, or oceanographer, if the work does not7
include the practice of geoscience.8
(7) Work performed by an archaeologist, geoscientist, or other person9
conducting a stratigraphic or historical geological investigation for10
archaeological purposes.11
(8) Testifying or preparing and presenting an exhibit or document for12
the sole purpose of being placed in evidence before an administrative or judicial13
tribunal or hearing if the testimony, exhibit, or document does not imply that14
the person is licensed under this Chapter.15
(9) The evaluation by a state agency or by a hearing examiner of an16
exhibit or document offered or placed in evidence before an administrative17
tribunal.18
§711.13. Application for licensure or certification; fees19
A.(1) Application for licensure as a professional geoscientist shall be on20
forms prescribed and furnished by the board, shall show the applicant's21
education and a detailed summary of his technical work, and shall contain such22
references prescribed by the board.23
(2) Application for certification as a geoscientist-in-training shall be on24
forms prescribed and furnished by the board, shall show the applicant's25
education and a detailed summary of his technical work, if any, and shall26
contain such references prescribed by the board.27
(3) All applications shall include a statement affirming that the28
information contained on the application is true and correct to the best of the29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 15 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
applicant's knowledge, information, and belief. Electronic signatures are1
acceptable, if properly encrypted.2
B.(1) The application fee for professional geoscientists, geoscientists-in-3
training, and firms shall be established at the discretion of the board, but shall4
not exceed two hundred dollars, and said fee shall accompany the application.5
The board may not increase the application fee by more than thirty dollars in6
any three-year period.7
(2) If the board denies the issuance of a license or certificate to any8
applicant, the application fee shall be retained by the board. An unsuccessful9
applicant shall pay the prescribed fee for each subsequent application.10
§711.14. Examinations11
A. The board may prepare, administer, and grade oral and written12
examinations required or permitted under this Chapter.13
B. The board may adopt or recognize, in whole or in part, an14
examination prepared, administered, or graded by another organization, on a15
regional or national basis, that the board determines appropriate to measure16
the qualifications of an applicant for a license under this Chapter under the17
following circumstances:18
(1) The examination questions, the correct answers, and the applicant's19
completed examination are available to the board.20
(2) The board retains the authority to determine a passing grade for a21
license in this state.22
§711.15. License eligibility23
A. To be eligible for a license under this Chapter, an applicant shall meet24
the following minimum qualifications.25
(1) The applicant must be of good moral and ethical character as attested26
to by letters of reference submitted in behalf of the applicant or as otherwise27
determined by the board.28
(2) The applicant shall have either:29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 16 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(a) Graduated from a course of study in a discipline of geoscience1
satisfactory to the board that consists of at least four years of study and includes2
at least thirty semester hours or forty-five quarter hours of credit in geoscience,3
of which at least twenty semester hours or thirty quarter hours of credit must4
be in upper-level college courses in that discipline; or5
(b) Satisfactorily completed other equivalent educational requirements6
as determined by the board.7
(3) The applicant shall have a documented record of at least five years8
of qualifying work experience, as provided by this Chapter, that demonstrates9
that the applicant is qualified to assume responsible charge of geoscientific10
work.11
(4)(a) The applicant must pass an examination required by the board12
covering the fundamentals and practice of the appropriate discipline of13
geoscience.14
(b) An applicant that applies for licensure under this Chapter prior to15
January 1, 2012, shall be exempt from taking the examination described in16
Subparagraph (a) of this Paragraph if the applicant satisfies all the17
requirements of this Subsection.18
B. The board may accept qualifying work experience in lieu of the19
education required by Subsection A of this Section.20
§711.16. Qualifying work experience21
A. The board shall apply the following standards in evaluating the work22
experience of an applicant for a license under this Chapter.23
(1) Each year of work experience acceptable to the board constitutes one24
year of qualifying work experience if the experience was acquired under the25
direct supervision of any of the following:26
(a) A geoscientist who is licensed in this state or in another state under27
requirements for licensure or registration that are comparable to those in this28
Chapter.29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 17 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) A geoscientist who meets the educational and work experience1
requirements for licensure but is not required to be licensed under this Chapter.2
(c) Another professional acceptable to the board.3
(2) Each year of work experience acceptable to the board and acquired4
before September 1, 2010, constitutes one year of qualifying work experience if5
the experience either:6
(a) Was acquired under the direct supervision of either:7
(i) A geoscientist who meets the educational and work experience8
requirements for a license under this Chapter.9
(ii) A geoscientist who is licensed or registered under comparable10
requirements in another state.11
(iii) Another professional acceptable to the board.12
(b) Would constitute the responsible charge of professional geoscientific13
work as determined by the board.14
(3) Each year of full-time graduate study in a discipline of geoscience15
that is acceptable to the board constitutes one year of qualifying work16
experience. However, the board may not accept more than two years of full-17
time graduate study in a discipline of geoscience as qualifying work experience.18
B. The board may accept research in or the teaching of a discipline of19
geoscience at the college or university level as qualifying work experience if the20
research or teaching, in the judgment of the board, is comparable to work21
experience obtained in the practice of geoscience.22
§711.17. Reciprocal license23
A. The board by rule, adopted in accordance with the Administrative24
Procedure Act, may authorize the licensing of a person who has not met the25
examination requirement of this Chapter, if the person is licensed or registered26
to practice a discipline of geoscience under the law of another state or a foreign27
country.28
B. The board may issue a license to an applicant who provides proof of29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 18 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
licensure or registration under requirements that the board determines to be1
substantially similar to those established by this Chapter and who pays the2
required fees.3
§711.18. Temporary license4
A. The board may issue a temporary license to a person who satisfies5
either of the following:6
(1) The applicant is not a resident of this state and does not have an7
established place of business in this state but seeks to engage in the practice of8
geoscience in this state for a temporary period.9
(2) The applicant applies for a reciprocal license and seeks to engage in10
the practice of geoscience pending a determination on the application for the11
reciprocal license.12
B. An applicant for a temporary license must satisfy all of the following13
requirements:14
(1) The applicant must apply to the board for a temporary license,15
provide proof of licensure or registration in another state or a foreign country16
and pay the required fees.17
(2) The applicant must agree to comply with the signature requirements18
of this Chapter and to affix the person's seal from the jurisdiction in which the19
person is licensed or registered on all work completed while practicing under20
the temporary license.21
(3) The applicant must file the required information and reports and22
comply with other requirements established by the board concerning the23
person's temporary practice.24
C. (1) A temporary license issued under Paragraph (1) of Subsection (A)25
of this Section expires on the ninetieth day after the date of issuance.26
(2) A temporary license issued under Paragraph (2) of Subsection (A) of27
this Section expires on the date the reciprocal license is issued or denied.28
§711.19. Issuance of license29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 19 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. The board shall issue a license to an applicant who meets the1
requirements of this Chapter on payment of the applicable license fee.2
B. The license shall include all of the following:3
(1) The full name of the license holder.4
(2) A serial number.5
(3) The license holder's discipline of geoscience.6
(4) A signature of an appropriate officer of the board under the board's7
seal.8
C. The issuance by the board of a license is prima facie evidence that9
during the term of the license the license holder is entitled to all the rights and10
privileges of a licensed geoscientist.11
D. A licensed geoscientist may engage in the practice of any discipline of12
geoscience regardless of the discipline of geoscience stated on the person's13
license.14
§711.20. Expiration and renewals15
A. Licensure and certification shall expire at a time specified by the16
board and shall become invalid after that date unless renewed. It shall be the17
duty of the executive secretary of the board to notify by letter to his last known18
address each licensee and certificate holder of the date of the expiration of the19
license or certificate and the amount of the fee that shall be required for its20
renewal. The notice shall be mailed at least one month in advance of the21
expiration of such license or certificate. Renewal of licensure as a professional22
geoscientist, or firm, or geoscientist-in-training may be effected at any time23
during the two months prior to expiration by the payment of a fee not to exceed24
one hundred dollars per year, at the discretion of the board.25
B. Any person who renews his license or certificate within one hundred26
twenty days of the expiration of such license or certificate shall not be deprived27
of the right of renewal.28
C. The maximum fee for late renewal shall be established by the board,29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 20 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provided that said renewal fee shall not exceed three times the normal renewal1
fee. The board shall not increase the biennial renewal fee by more than twenty2
dollars in any one-year period.3
§711.21. Continuing professional development for professional geoscientists4
Professional geoscientists may, by rule of the board, adopted in5
accordance with the Administrative Procedure Act, be required to earn6
annually up to fifteen hours of board-approved continuing professional7
development.8
$711.22. Seal9
A. Upon issuance of a license, the license holder shall obtain a seal of a10
design established by the board bearing:11
(1) The license holder's name.12
(2) The license number.13
(3) The words "licensed geoscientist" or "professional geoscientist".14
(4) The license holder's discipline of geoscience.15
B. A geoscientific report, document, or other record, as defined by the16
board, that is offered to the public and prepared or issued by or under the17
supervision of a licensed geoscientist must, in accordance with rules adopted by18
the board, include the full name, signature, and license number of the license19
holder who prepared the report, document, or other record or under whose20
supervision it was prepared and bear an impression of the license holder's seal.21
§711.23. Disciplinary proceedings against licensees and certificate holders;22
procedure23
A. The board shall have the power to take disciplinary action against any24
licensee or certificate holder found by the board to be guilty of any of the25
following acts or offenses:26
(1) Any fraud, deceit, material misstatement, or perjury or the giving of27
any false or forged evidence in applying for a license or certificate, or in taking28
any examination, or in applying for any renewal license or certificate provided29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 21 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
for in this Chapter.1
(2) Any fraud, deceit, gross negligence, material misrepresentation, gross2
incompetence, or gross misconduct in the practice of geoscience.3
(3) Conviction of a felony or of any crime of moral turpitude or entry of4
a plea of guilty or nolo contendere to a felony charge or to a crime of moral5
turpitude under the laws of the United States or any state, territory, or district6
of the United States.7
(4) Conviction of any crime or entry of a plea of guilty or nolo8
contendere to any criminal charge an element of which is fraud or which arises9
out of such person's practice of geoscience.10
(5) Conviction of any civil or criminal violation of, or entry of a plea of11
guilty or nolo contendere to any criminal charge under the Louisiana Campaign12
Finance Disclosure Act or any other campaign finance and/or practices laws of13
the state of Louisiana, the United States, or any state, territory, or district of the14
United States.15
(6) Violation of any provision of this Chapter of any rules or regulations16
adopted and promulgated by the board, in accordance with the Administrative17
Procedure Act.18
(7) The refusal of the licensing authority of another state, territory, or19
district of the United States to issue or renew a license, permit, or certificate to20
practice geoscience, or the revocation or suspension or other restriction imposed21
on a license, permit, or certificate issued by such licensing authority, on grounds22
other than nonpayment of a licensure fee, or a finding by such licensing23
authority that a person has engaged in the unlicensed practice of geoscience,24
provided that the reason for the action taken by the other licensing authority25
was recognized by the Louisiana board as a ground for disciplinary action at the26
time the action was taken.27
(8) Providing false testimony before the board.28
(9) Using a seal or stamp or engaging in any other act constituting the29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 22 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
practice of geoscience, or violating any order or terms of probation imposed by1
the board, at a time when his license or certificate is suspended or revoked, or2
at a time when his license or certificate has been expired for more than ninety3
days or at a time when he is retired, or inactive status as a board licensee.4
(10) Failure to provide, within thirty calendar days of receipt of notice5
by certified mail, information requested by the board relating to charges6
preferred by the board alleging a violation of this Chapter.7
(11) The use of any advertising or solicitation which is false or8
misleading.9
(12) Aiding or assisting another person in violating any provision of this10
Chapter or any rule or regulation adopted and promulgated by the board, in11
accordance with the Administrative Procedure Act.12
(13) Knowingly making or signing false statements, certificates, or13
affidavits in connection with the practice of geoscience.14
(14) Declaration of insanity or incompetence by a court of competent15
jurisdiction.16
(15) Presenting or attempting to use as one's own the license, certificate,17
seal, or stamp of another person.18
(16) Using or attempting to use an expired, inactive, retired, or revoked19
license or certificate.20
(17) Falsely impersonating any other licensee or certificate holder of like21
or different name.22
(18) Practicing or offering to practice geoscience when not qualified.23
(19) Violation of or noncompliance with any order, ruling, or decision of24
the board.25
B. For purposes of this Chapter, the term "disciplinary action" shall26
include but not be limited to reprimand, probation, suspension, revocation of27
license or certificate, refusal to renew license or certificate, or fine in an amount28
not to exceed five thousand dollars per violation.29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 23 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. Charges may be preferred against any licensee or certificate holder1
in the following manner:2
(1) The board, on its own initiative and by a majority vote of its entire3
membership authorized to participate in a proceeding, may prefer charges4
against any licensee or certificate holder who commits or engages in any of the5
acts or offenses listed in Subsection A of this Section.6
(2) The board, on receipt of a complaint from any person and by7
majority vote of the board's entire membership authorized to participate in a8
proceeding, may prefer charges against any licensee or certificate holder who9
commits or engages in any of the acts or offenses listed in Subsection A of this10
Section. Such complaint shall be in writing, shall be sworn to by the person or11
persons making the complaint and shall be filed with the board.12
D. Within twenty days of the board's preferral of charges, the board13
shall mail a copy of said charges to the last known address of the licensee or14
certificate holder so charged.15
E. In the event the board determines after investigation that charges so16
preferred are completely unfounded, more appropriately resolved outside the17
formal disciplinary proceedings, or not within the jurisdiction of the board, the18
board shall so advise the charged party, in writing, of its determination.19
Otherwise, all charges shall be heard by the board or a hearing committee20
designated by the board within twelve months after the date on which they shall21
have been preferred. This twelve-month period may be extended with the22
consent of both the board and the charged party.23
F. The date, time, and place for said hearing shall be fixed by the board24
or the hearing committee and a copy of the charges, together with a notice of the25
date, time, and place of the hearing, shall be personally served on or mailed to26
the last known address of the charged party, at least thirty days before the date27
fixed for hearing. At any hearing, the charged party shall have the right to28
appear in person, or by counsel, or both, to cross-examine witnesses in his29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 24 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
defense, and to produce evidence, and witnesses in his defense. If the charged1
party fails or refuses to appear at the hearing, the board or the hearing2
committee may proceed to hear and determine the validity of the charges.3
G. If, after such hearing, a majority of the entire board membership4
authorized to participate in the proceeding vote in favor of sustaining the5
charges, the board may take disciplinary action against the charged party. Any6
charges found by the board after a hearing to be unfounded shall be published7
in the official journal of the board, if requested in writing by the charged party.8
H. A charged party aggrieved by any disciplinary action taken by the9
board may appeal therefrom, pursuant to the provisions of the Administrative10
Procedure Act.11
I. In addition to any other action, the board may assess all reasonable12
costs incurred in connection with a disciplinary proceeding, including13
investigators', stenographers', and attorney fees in conjunction with any other14
disciplinary action taken. The assessment of costs may be considered15
disciplinary action.16
J. All disciplinary actions taken shall be published in the official journal17
of the board and may be released to other professional organizations relating18
to geoscience, or to the news media.19
K. The board may make informal disposition by consent order,20
agreement, settlement, or default of any disciplinary proceeding pending before21
it. Each such informal disposition shall have no force or effect unless ratified by22
the board at its next regular meeting. Consent orders may be considered23
disciplinary actions.24
L. The board may establish a complaint review committee to investigate,25
mediate, or initiate disciplinary or legal proceedings on behalf of the board with26
respect to charges preferred or information received by the board alleging that27
a licensee or certificate holder committed or engaged in any of the acts or28
offenses listed in Subsection A of this Section. The complaint review committee29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 25 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall consist of at least one member of the board.1
M. The board, for reasons it may deem sufficient, may reissue or2
reinstate a license or certificate to any person whose license or certificate has3
been revoked, if a majority of the entire board membership authorized to4
participate in the proceeding vote in favor of such reissuance or reinstatement.5
§711.24. Enforcement proceedings against other persons; procedure6
A. The board shall have the power to take enforcement action against7
any non-licensee or non-certificate holder found by the board to have8
committed any of the following acts or offenses:9
(1) Practicing or offering to practice geoscience in the state of Louisiana10
without being licensed in accordance with the provisions of this Chapter.11
(2) Presenting or attempting to use as one's own, the license, certificate,12
seal, or stamp of another person.13
(3) Any fraud, deceit, material misstatement, or perjury or the giving of14
any false or forged evidence in applying for a license or certificate, or in taking15
any examination.16
(4) Falsely impersonating any licensee or certificate holder of like or17
different name.18
(5) Using or attempting to use an expired, inactive, retired, or revoked19
license or certificate.20
(6) Using or attempting to use a seal or stamp which is deceptively21
similar to the seals or stamps authorized by the board for use by its licensees.22
(7) Falsely claiming that a person is licensed under this Chapter.23
(8) Violation of any provisions of this Chapter or any rules or regulations24
adopted and promulgated by the board.25
(9) Violation of or noncompliance with any order, ruling, or decision of26
the board.27
B. For purposes of this Chapter, the term "enforcement action" shall28
include but not be limited to a fine in an amount not to exceed five thousand29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 26 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
dollars per violation.1
C. Charges may be preferred against any non-licensee or non-certificate2
holder in the following manner:3
(1) The board, on its own initiative and by a majority vote of its entire4
membership authorized to participate in a proceeding, may prefer charges5
against any non-licensee or non-certificate holder who commits or engages in6
any of the acts or offenses listed in Subsection A of this Section.7
(2) The board, on receipt of a complaint from any person and by8
majority vote of the board's entire membership authorized to participate in a9
proceeding, may prefer charges against any non-licensee or non-certificate10
holder who commits or engages in any of the acts or offenses listed in Subsection11
A of this Section. Such complaint shall be in writing, shall be sworn to by the12
person or persons making the complaint, and shall be filed with the board.13
D. Within twenty days of the board's preferral of charges, the board14
shall mail a copy of said charges to the last known address of the non-licensee15
or non-certificate holder so charged.16
E. In the event the board determines after investigation that the charges17
so preferred are completely unfounded, more appropriately resolved outside the18
formal enforcement proceedings, or not within the jurisdiction of the board, the19
board shall so advise the charged party, in writing, of its determination.20
Otherwise, all charges shall be heard by the board or a hearing committee21
designated by the board within twelve months after the date on which they shall22
have been preferred. This twelve-month period may be extended with the23
consent of both the board and the charged party.24
F. The date, time, and place for said hearing shall be fixed by the board25
or the hearing committee and a copy of the charges, together with a notice of the26
date, time, and place of the hearing, shall be personally served on or mailed to27
the last known address of the charged party, at least thirty days before the date28
fixed for hearing. At any hearing, the charged party shall have the right to29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 27 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
appear in person, or by counsel, or both, to cross-examine witnesses in his1
defense, and to produce evidence and witnesses in his defense. If the charged2
party fails or refuses to appear at the hearing, the board or the hearing3
committee may proceed to hear and determine the validity of the charges.4
G. If, after such hearing, a majority of the entire board membership5
authorized to participate in the proceeding vote in favor of sustaining the6
charges, the board may take enforcement action against the charged party. Any7
charges found by the board after a hearing to be unfounded shall be published8
in the official journal of the board, if requested in writing by the charged party.9
H. A charged party aggrieved by any enforcement action taken by the10
board may appeal therefrom, pursuant to the provisions of the Administrative11
Procedure Act.12
I. In addition to any other action, the board may assess all reasonable13
costs incurred in connection with an enforcement proceeding, including14
investigators', stenographers', and attorney fees in conjunction with any other15
enforcement action taken. The assessment of costs may be considered16
enforcement action.17
J. All enforcement actions taken shall be published in the official journal18
of the board and may be released to other professional organizations relating19
to professional geoscience or to the news media.20
K. The board may make informal disposition by consent order,21
agreement, settlement, or default of any enforcement proceeding pending before22
it. Each such informal disposition shall have no force or effect unless ratified by23
the board at its next regular meeting. Consent orders may be considered24
enforcement actions.25
L. The board may establish a complaint review committee to investigate,26
mediate, or initiate enforcement or legal proceedings on behalf of the board27
with respect to charges preferred or information received by the board alleging28
that a non-licensee or non-certificate holder committed or engaged in any of the29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 28 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
acts or offenses listed in Subsection A of this Section. The complaint review1
committee shall consist of at least one member of the board.2
M. Any individual non-licensee or non-certificate holder found by a3
district court to have committed any of the acts or offenses listed in Subsection4
A of this Section shall be guilty of a misdemeanor and shall, upon conviction,5
suffer imprisonment for a period not exceeding three months. This penalty shall6
be in addition to any other enforcement action taken by the board.7
N. It shall be the duty of the attorney general, all district attorneys, and8
all duly constituted officers of the law of this state, or any political subdivision9
thereof, to enforce the provisions of this Chapter and to prosecute any persons10
violating same. The attorney general of this state, or his assistant, shall act as11
legal advisor to the board if the board requests such and render such legal12
assistance as may be deemed necessary by the board in carrying out the13
provisions of this Chapter, provided that this shall not relieve the local14
prosecuting officers of any of their duties under the law as such.15
O. Alternatively, following an investigation of any charges preferred or16
information received by the board alleging that a non-licensee or non-certificate17
holder committed or engaged in any of the acts or offenses listed in Subsection18
A of this Section, and dependent upon the result of such investigation, the board19
may present its findings to the district attorney in whose district such act or20
offense has occurred, and shall aid in the prosecution of the violator; or the21
board may, if it deems necessary, prosecute any violator directly and in its own22
name, in any district court of this state for such act or offense. Such action may23
be instituted by any member, attorney, employee, or agent of the board.24
Section 2. R.S. 44:4.1(B)(21) is hereby amended and reenacted to read as follows:25
§4.1. Exceptions26
* * *27
B. The legislature further recognizes that there exist exceptions, exemptions,28
and limitations to the laws pertaining to public records throughout the revised29 SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 29 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
statutes and codes of this state. Therefore, the following exceptions, exemptions, and1
limitations are hereby continued in effect by incorporation into this Chapter by2
citation:3
* * *4
(21) R.S. 37:74, 86, 90, 147, 691, 711.10, 763, 763.1, 781, 920.1, 969.1,5
1277, 1278, 1285, 1326, 1518, 1745.15, 1747, 1806, 2156.1, 2406, 2505.1, 3481,6
3507.17
* * *8
Section 3. This Act shall become effective on January 1, 2011.9
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Linda Nugent.
DIGEST
Hebert (SB 788)
Proposed law enacts the "Louisiana Professional Geoscience Practice Act" and provides
definitions, including "geoscience" which means science of the earth, its origin and history,
investigation of its environment and constituent materials, and the study of natural and
introduced agents, forces and processes that cause changes in and on the earth.
Proposed law creates the nine-member Louisiana Board of Professional Geoscientists to be
appointed by the governor, to serve at his pleasure, and subject to Senate confirmation, six
of whom shall be licensed geoscientists, one a licensed professional engineer with expertise
in geotechnical engineering and geoscience, and two members of the public. Provides for
board members to receive per diem and travel and clerical expenses. Requires the board to
be financially self-sufficient and prohibits the receipt of or expenditure of any state funds.
Funds derived from fines shall be deposited in the state general fund.
Proposed law requires the board to meet at least four times each year and elect officers
annually; authorizes the board to appoint or employ certain employees. Provides for a
majority of the members to constitute a quorum. Provides that the board's domicile is Baton
Rouge.
Proposed law provides for application of the proposed law relative to what it does or does
not authorize a geophysicist to practice. Does not authorize the practice of professional land
surveying, water well drilling, or engineering by a licensed geoscientist.
Proposed law provides for powers of the board to adopt rules and regulations in accordance
with the Administrative Procedure Act, adopt an official seal, administer oaths, subpoena
witnesses, and compel production of books and papers pertinent to an investigation. Further
provides that a board employee engaged in such an investigation may administer oaths and
take depositions. Authorizes the board to require a law enforcement officer or state agency
to serve subpoenas. Provides that it shall be a misdemeanor for a person failing to appear
or produce documents as ordered or give false testimony. Authorizes a district court to order
such person to obey the board's orders; failure to do so may result in contempt of court.
Proposed law provides for the board's receipts and disbursements, records and reports, and SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 30 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
rosters and lists. Exempts records maintained by the board in connection with disciplinary
and enforcement proceedings and actions or its administration of examinations, and
background information involving personal and employer references.
Proposed law authorizes the board to provide for examination and licensing. Requires a
person to obtain a license to practice geoscience; provides for certain activities that do not
require a license. Provides for application for license and fees, eligibility, examinations,
qualifying work experience, reciprocal licenses, temporary licenses, and expiration and
renewal of licenses. Exempts an applicant who applies for licensure prior to Jan. 1, 2012,
from taking the examination if he meets all the requirements of proposed law. Authorizes
the board to require professional geoscientists to earn annually up to 15 hours of continuing
professional development.
Proposed law provides for disciplinary proceedings against licensees and certificate holders
for certain acts and offenses. Disciplinary action may include reprimand, probation,
suspension, revocation of license or certificate, refusal to renew license or certificate, or fine
in an amount not to exceed $5,000 per violation.
Proposed law provides for enforcement proceedings against non-licensees and non-
certificate holders for certain acts and offenses. Authorizes the board to establish a
complaint review committee to investigate, mediate, or initiate enforcement or legal
proceedings on behalf of the board. Provides that if such individual has committed such acts
or offenses, he shall be guilty of a misdemeanor and upon conviction be imprisoned for not
more than three months. Authorizes the board to present its findings to the district attorney
in whose district the act or offense has occurred and aid in prosecution; alternatively, the
board may prosecute any violator directly and in its own name in any district court.
Effective January 1, 2011.
(Amends R.S. 44:4.1(B)(2); adds R.S. 37:711.1 - 711.24)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill.
1. Defines "engineer" or "professional engineer" as an individual who, by
reason of his special knowledge and ability, acquired by an engineering
education and engineering experience, is qualified to practice engineering.
2. Deletes "firm" and "geoscience firm" from proposed law.
3. Defines "practice of engineering" and "practice of land surveying" to mirror
those definitions provided in the present law.
4. Defines "water well driller" or "licensed water well driller" as a person, firm,
or corporation licensed to drill a water well, as set forth in present law.
5. Provides that proposed law does not authorize the practice of professional
land surveying, engineering, or water well drilling by a licensed geoscientist.
6. Provides that proposed law does not require a licensed professional engineer,
or a person acting under an engineer's charge, who also regularly performs
geoscientific services or work that is both engineering and geoscience, to be
licensed or to be supervised by a licensed geoscientist. SB NO. 788
SLS 10RS-1440 ENGROSSED
Page 31 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
7. Changes board membership to include one member who is a licensed
professional engineer with expertise in geotechnical engineering and
geoscience.
8. Exempts an applicant who applies for licensure prior to Jan. 1, 2012, from
taking the examination if he meets all the requirements of proposed law.