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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
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Practice Act".1
§711.2. Definitions2
The following words and phrases when used in this Chapter shall have3
the following meanings, unless the context clearly requires otherwise:4
(1) "Applicant" means any person seeking to practice geoscience in the5
state of Louisiana who 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
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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
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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
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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
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(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 his activities to those described22
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
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B.(1) The governor shall appoint all members to the board subject to1
Senate confirmation.2
(2) The governor shall nominate at least one member from each3
congressional district.4
(3) Except for the two members of the public, the governor shall select5
the nominees from lists of names submitted by each of the following:6
(a) The Louisiana Engineering Society.7
(b) The New Orleans Geological Society.8
(c) The Baton Rouge Geological Society.9
(d) The Shreveport Geological Society.10
(e) The Lafayette Geological Society.11
C. The members shall serve at the pleasure of the governor.12
D. This board shall be financially self-sufficient. It shall receive no state13
funds through appropriation or otherwise and shall not expend any such state14
funds. No state funds shall be expended or committed to expenditure to the15
board for a group benefits program or any other health insurance or employee16
benefit program, for any retirement system, for any salary, per diem payment,17
travel or expenses, office supplies and materials, rent, purchase of any product18
or service, or for any other purpose.19
§711.5. Qualifications of board members20
Each member of the board shall be a citizen of the United States and a21
resident of this state for at least the three years preceding appointment.22
§711.6. Compensation and expenses23
Each member of the board shall receive the amount set by the board, but24
not to exceed one hundred dollars per diem when actually attending to the work25
of the board or any of its committees, and for the time spent in necessary travel;26
and, in addition thereto, shall be reimbursed for all actual traveling, incidental27
and clerical expenses necessarily incurred in carrying out the provisions of this28
Chapter.29 SB NO. 788
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§711.7. Organization and meetings1
A. The board shall hold at least four regular meetings each year.2
Special meetings shall be held at such time and place as specified by a call of the3
chairman or secretary. Notice of all meetings shall be given in writing to each4
member by the secretary. The board shall elect annually from its membership5
the following officers: a chairman, a vice chairman, a secretary, and a treasurer.6
A quorum of the board shall be a majority of its members. The board may7
appoint or employ an assistant secretary, executive secretary, treasurer, or8
other officers or employees not members of the board, to whom clerical and9
administrative duties may be assigned. The board shall fix the compensation10
of such persons not under the state civil service.11
B. The board shall be domiciled and maintain its principal office in the12
city of Baton Rouge and shall maintain its records at the principal office, and13
shall hold its regular meetings there, unless, in the discretion of the chairman,14
it is necessary or convenient to meet elsewhere. A change in domicile of the15
board may be made by a two-thirds affirmative vote of the entire board16
membership at a regular meeting.17
§711.8. Powers of the board18
A. The board shall have the power to make, adopt, amend, and19
promulgate bylaws not inconsistent with the constitution and laws of this state,20
which may be reasonably necessary for the proper performance of its duties,21
and the regulation of the proceedings before it. The board shall adopt and have22
an official seal, which shall be affixed to all licenses and certificates issued.23
B.(1) Each member of the board shall have power to administer oaths,24
and the board shall have power to subpoena witnesses and compel the25
production of books and papers pertinent to any investigation, hearing, or26
disciplinary or enforcement proceeding authorized by this Chapter, and any27
employee of the board engaged in such investigation, hearing, or disciplinary28
or enforcement proceeding shall have the power to administer oaths to and take29 SB NO. 788
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the depositions of persons pertaining to any investigation, hearing, or1
disciplinary or enforcement proceeding.2
(2) The board may require any law enforcement officer or any state3
agency, the sheriffs of the various parishes, or constables, marshals, or other4
law enforcement officers of any parish or municipality to serve such subpoenas5
and other process of said board. Whenever parish, municipal, or other local6
officers are required to serve such subpoenas or other process of the board, they7
shall be paid the same fees by the board as are provided by law for similar8
services under processes issued by district courts.9
(3)(a) Any person who shall fail to appear in response to a subpoena or10
to answer any question or produce any books or papers pertinent to any such11
investigations, hearings, or disciplinary or enforcement proceedings or who12
shall knowingly give false testimony therein shall be guilty of a misdemeanor13
and subject to the actions, sanctions, and penalties provided by this Chapter.14
(b) In case of contumacy or refusal to obey a subpoena issued to any15
person, any district court within the jurisdiction of which the inquiry is carried16
on, or within the jurisdiction of which said person guilty of contumacy or17
refusal to obey is found, or resides, or transacts business upon application by18
the board, shall have jurisdiction to issue to such person an order requiring19
such person to appear before the board, its member, or agent, and to produce20
evidence, if so ordered, or there to give testimony relating to the matter under21
consideration or in question; and any failure to obey such order of court may22
be punished by said court as a contempt thereof.23
C.(1) The board shall adopt, promulgate, and enforce rules and24
regulations in accordance with the Administrative Procedure Act, which may25
be reasonably necessary for the protection of the public and proper26
administration of this Chapter. These rules and regulations shall be binding27
upon all applicants, licensed geologists and geologists-in-training, including all28
geoscience firms. These rules and regulations shall be made known, in writing,29 SB NO. 788
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to every applicant, licensee, and certificate holder under this Chapter. The1
board may revise and amend these rules and regulations from time to time, in2
accordance with the Administrative Procedure Act, and shall notify each3
licensee and certificate holder in writing or by notice in the official journal of4
the board of such revision or amendment.5
(2) The board may establish, adopt, promulgate, and publish rules and6
regulations in accordance with the Administrative Procedure Act, concerning7
the procurement of professional geoscientific services.8
D. The board is hereby authorized in its own name to apply for relief by9
injunction in the established manner provided in cases of civil procedure to10
enforce the provisions of this Chapter, or to restrain any violation thereof. In11
such proceedings, it shall be unnecessary to allege or prove that either an12
adequate remedy at law does not exist or that substantial or irreparable damage13
would result from the continued violation thereof.14
E. The board may subject an applicant to such examinations as it deems15
necessary to determine his qualifications. In the event a question arises as to the16
competence of a licensee or certificate holder in a specific technical field which17
cannot be otherwise resolved to the board's satisfaction, the board, either upon18
request of the licensee or certificate holder or on its own volition, may submit19
the licensee or certificate holder to appropriate examinations.20
F. The board, by rule or regulation adopted in accordance with the21
Administrative Procedure Act, may create license or renewal rules for licensees22
and former licensees, and may establish classifications of licensure including but23
not limited to active, expired, inactive, and retired classifications.24
§711.9. Receipts and disbursements25
A. The treasurer or the executive secretary of the board, or any other26
person or persons authorized by the board, shall receive, disburse, and account27
for all monies paid to or received by the board. He shall institute a system of28
books and financial records satisfactory to the legislative auditor, who shall29 SB NO. 788
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audit them annually. The treasurer shall open an account in a bank designated1
by the board as its official depository in the city wherein the board is domiciled.2
All checks disbursing funds of the board must be signed by any two of the3
following persons: the executive secretary, the deputy executive secretary, the4
treasurer, or any member of the board as directed by the board. All5
disbursements of funds shall be approved by the board. All funds of the board6
shall be deposited within seventy-two hours after receipt.7
B. The board may employ such investigators, clerical, or other assistants8
as are necessary for the proper performance of its work, and may make9
expenditures from its funds for any purpose which, in the opinion of the board,10
is reasonably necessary for the proper performance of its duties under this11
Chapter, including the expenses of the board's delegates to conventions and12
meetings of, and any applicable membership dues. The board may, if it deems13
necessary, or upon advice of the attorney general, hire counsel and investigators14
and pay traveling expenses thereof for the investigation and prosecution of any15
disciplinary or enforcement proceeding under this Chapter.16
C. The board may, at its discretion, pay any witness subpoenaed to17
appear before the board an amount set by the board, but not to exceed one18
hundred dollars per diem, when actually in attendance, including time spent in19
traveling, not to exceed one day to and one day from the location of the board20
meeting, and in addition, the board may reimburse any witness for actual21
traveling expenses when furnished with proof of such expenses, including hotel22
when a witness resides in a parish other than the one in which the board is23
meeting.24
D. Under no circumstances shall the total amount of warrants issued by25
the board in payment of the expenses and compensation provided for in this26
Chapter exceed the amount of the income, funds, and fees collected by the27
board.28
E. All funds derived from fines as provided by this Chapter shall be29 SB NO. 788
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deposited in the state general fund.1
§711.10. Records and reports2
A.(1) The board shall keep a record of its proceedings and a file of all3
applications, which file shall show:4
(a) The name, age, and residence of each applicant.5
(b) The date of the application.6
(c) The place of business of such applicant.7
(d) Educational and other qualifications of the applicant.8
(e) Whether or not an examination was required.9
(f) Whether the applicant was rejected.10
(g) Whether a license or certification was granted.11
(h) The date of the action of the board.12
(i) Such other information which may be deemed necessary by the board.13
(2) The records of the board shall be prima facie evidence of the14
proceedings of the board set forth therein, and a transcript thereof, duly15
certified by the secretary of the board, under seal, shall be admissible in16
evidence with the same force and effect as if the original were produced.17
B. All records maintained by the board in connection with disciplinary18
and enforcement proceedings and actions or its administration of examinations,19
including examinations, answer sheets, solutions, and grade sheets, together20
with all the background information involving personal and employer21
references shall be deemed confidential and as such, exempt from the provisions22
of Chapter 1, Title 44 of the Louisiana Revised Statutes of 1950; however, any23
applicant shall have the right to examine other documents relating and24
pertaining to any action taken by the board with regard to such applicant, but25
only to the extent that those documents are in the actual possession of the board.26
Notwithstanding any provision of law to the contrary, the board, at its27
discretion, may publish and shall disclose any documents and information28
relating and pertaining to disciplinary and enforcement proceedings and actions29 SB NO. 788
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once the board has rendered a final decision or order.1
§711.11. Rosters and lists2
A. A roster showing the names and addresses of all professional3
geoscientists and the geoscience discipline under which each professional4
geoscientist has been listed, and the names and addresses of all geoscientists-in-5
training may be published at the discretion of the board.6
B. The board shall maintain a list of each state or foreign country in7
which the requirements and qualifications for licensure or registration are8
comparable to those established in this state and with which a reciprocity9
agreement exists.10
§711.12. License required, exemptions11
A. Unless exempted by this Chapter, a person shall not engage in the12
practice of geoscience unless the person holds a license issued under this13
Chapter.14
B. Unless the person is licensed under this Chapter, he shall not engage15
in any of the following activities:16
(1) Use the term "Licensed Professional Geoscientist", "Licensed17
Geoscientist", "Professional Geoscientist", or the initials "P.G." as part of a18
professional, business, or commercial identification or title.19
(2) Otherwise represent to the public that the person is qualified to20
practice as a geoscientist or engage in the practice of geoscience.21
C. A person shall not take responsible charge of a geoscientific report or22
a geoscientific portion of a report required by municipal or parish ordinance,23
state or federal law, state agency rule, or federal regulation that incorporates24
or is based on a geoscientific study or geoscientific data unless the person is25
licensed under this Chapter.26
D. The following activities do not require a license under this Chapter:27
(1) Geoscientific work performed by an employee or a subordinate of a28
license holder under this Chapter if the work does not include the responsible29 SB NO. 788
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charge of geoscientific work and is performed under the direct supervision of1
a licensed geoscientist who is responsible for the work.2
(2) Geoscientific work performed by an officer or employee of the United3
States practicing solely as such an officer or employee.4
(3) Geoscientific work performed exclusively in exploring for and5
developing oil, gas, or other energy resources, base metals, or precious or6
nonprecious minerals, including sand, gravel, or aggregate, if the work is done7
in and for the benefit of private industry.8
(4) Geoscientific research conducted through an academic institution,9
local, state, or federal governmental agency, nonprofit research institution, or10
for-profit organization, including submission of a report on the research to a11
public agency.12
(5) Teaching geoscience or a related physical or natural science.13
(6) Work customarily performed by a cartographer, technician, or14
physical or natural scientist, including a geologist, geophysicist, soil scientist,15
chemist, archaeologist, geographer, or oceanographer, if the work does not16
include the practice of geoscience.17
(7) Work performed by an archaeologist, geoscientist, or other person18
conducting a stratigraphic or historical geological investigation for19
archaeological purposes.20
(8) Testifying or preparing and presenting an exhibit or document for21
the sole purpose of being placed in evidence before an administrative or judicial22
tribunal or hearing if the testimony, exhibit, or document does not imply that23
the person is licensed under this Chapter.24
(9) The evaluation by a state agency or by a hearing examiner of an25
exhibit or document offered or placed in evidence before an administrative26
tribunal.27
§711.13. Application for licensure or certification; fees28
A.(1) Application for licensure as a professional geoscientist shall be on29 SB NO. 788
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forms prescribed and furnished by the board, shall show the applicant's1
education and a detailed summary of his technical work, and shall contain such2
references prescribed by the board.3
(2) Application for certification as a geoscientist-in-training shall be on4
forms prescribed and furnished by the board, shall show the applicant's5
education and a detailed summary of his technical work, if any, and shall6
contain such references prescribed by the board.7
(3) All applications shall include a statement affirming that the8
information contained on the application is true and correct to the best of the9
applicant's knowledge, information, and belief. Electronic signatures are10
acceptable, if properly encrypted.11
B.(1) The application fee for professional geoscientists, and geoscientists-12
in-training shall be established at the discretion of the board, but shall not13
exceed two hundred dollars, and said fee shall accompany the application. The14
board may not increase the application fee by more than thirty dollars in any15
three-year period.16
(2) If the board denies the issuance of a license or certificate to any17
applicant, the application fee shall be retained by the board. An unsuccessful18
applicant shall pay the prescribed fee for each subsequent application.19
§711.14. Examinations20
A. The board may prepare, administer, and grade oral and written21
examinations required or permitted under this Chapter.22
B. The board may adopt or recognize, in whole or in part, an23
examination prepared, administered, or graded by another organization, on a24
regional or national basis, that the board determines appropriate to measure25
the qualifications of an applicant for a license under this Chapter under the26
following circumstances:27
(1) The examination questions, the correct answers, and the applicant's28
completed examination are available to the board.29 SB NO. 788
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(2) The board retains the authority to determine a passing grade for a1
license in this state.2
§711.15. License eligibility3
A. To be eligible for a license under this Chapter, an applicant shall meet4
the following minimum qualifications.5
(1) The applicant must be of good moral and ethical character as attested6
to by letters of reference submitted on behalf of the applicant or as otherwise7
determined by the board.8
(2) The applicant shall have either:9
(a) Graduated from a course of study in a discipline of geoscience10
satisfactory to the board that consists of at least four years of study and includes11
at least thirty semester hours or forty-five quarter hours of credit in geoscience,12
of which at least twenty semester hours or thirty quarter hours of credit must13
be in upper-level college courses in that discipline.14
(b) Satisfactorily completed other equivalent educational requirements15
as determined by the board.16
(3) The applicant shall have a documented record of at least five years17
of qualifying work experience, as provided by this Chapter, that demonstrates18
that the applicant is qualified to assume responsible charge of geoscientific19
work.20
(4)(a) The applicant must pass an examination required by the board21
covering the fundamentals and practice of the appropriate discipline of22
geoscience.23
(b) An applicant who applies for licensure under this Chapter prior to24
January 1, 2012, shall be exempt from taking the examination described in25
Subparagraph (a) of this Paragraph if the applicant satisfies all the26
requirements of this Subsection.27
B. The board may accept qualifying work experience in lieu of the28
education required by Subsection A of this Section.29 SB NO. 788
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§711.16. Qualifying work experience1
A. The board shall apply the following standards in evaluating the work2
experience of an applicant for a license under this Chapter.3
(1) Each year of work experience acceptable to the board constitutes one4
year of qualifying work experience if the experience was acquired under the5
direct supervision of any of the following:6
(a) A geoscientist who is licensed in this state or in another state under7
requirements for licensure or registration that are comparable to those in this8
Chapter.9
(b) A geoscientist who meets the educational and work experience10
requirements for licensure but is not required to be licensed under this Chapter.11
(c) Another professional acceptable to the board.12
(2) Each year of work experience acceptable to the board and acquired13
before September 1, 2010, constitutes one year of qualifying work experience if14
the experience either:15
(a) Was acquired under the direct supervision of any of the following:16
(i) A geoscientist who meets the educational and work experience17
requirements for a license under this Chapter.18
(ii) A geoscientist who is licensed or registered under comparable19
requirements in another state.20
(iii) Another professional acceptable to the board.21
(b) Would constitute the responsible charge of professional geoscientific22
work as determined by the board.23
(3) Each year of full-time graduate study in a discipline of geoscience24
that is acceptable to the board constitutes one year of qualifying work25
experience. However, the board may not accept more than two years of full-26
time graduate study in a discipline of geoscience as qualifying work experience.27
B. The board may accept research in or the teaching of a discipline of28
geoscience at the college or university level as qualifying work experience if the29 SB NO. 788
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research or teaching, in the judgment of the board, is comparable to work1
experience obtained in the practice of geoscience.2
§711.17. Reciprocal license3
A. The board by rule, adopted in accordance with the Administrative4
Procedure Act, may authorize the licensing of a person who has not met the5
examination requirement of this Chapter, if the person is licensed or registered6
to practice a discipline of geoscience under the law of another state or a foreign7
country.8
B. The board may issue a license to an applicant who provides proof of9
licensure or registration under requirements that the board determines to be10
substantially similar to those established by this Chapter and who pays the11
required fees.12
§711.18. Temporary license13
A. The board may issue a temporary license to a person who satisfies14
either of the following:15
(1) The applicant is not a resident of this state and does not have an16
established place of business in this state but seeks to engage in the practice of17
geoscience in this state for a temporary period.18
(2) The applicant applies for a reciprocal license and seeks to engage in19
the practice of geoscience pending a determination on the application for the20
reciprocal license.21
B. An applicant for a temporary license must satisfy all of the following22
requirements:23
(1) The applicant must apply to the board for a temporary license,24
provide proof of licensure or registration in another state or a foreign country,25
and pay the required fees.26
(2) The applicant must agree to comply with the signature requirements27
of this Chapter and to affix the person's seal from the jurisdiction in which the28
person is licensed or registered on all work completed while practicing under29 SB NO. 788
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the temporary license.1
(3) The applicant must file the required information and reports and2
comply with other requirements established by the board concerning the3
person's temporary practice.4
C. (1) A temporary license issued under Paragraph (1) of Subsection (A)5
of this Section expires on the ninetieth day after the date of issuance.6
(2) A temporary license issued under Paragraph (2) of Subsection (A) of7
this Section expires on the date the reciprocal license is issued or denied.8
§711.19. Issuance of license9
A. The board shall issue a license to an applicant who meets the10
requirements of this Chapter upon payment of the applicable license fee.11
B. The license shall include all of the following:12
(1) The full name of the license holder.13
(2) A serial number.14
(3) A signature of an appropriate officer of the board under the board's15
seal.16
C. The issuance by the board of a license is prima facie evidence that17
during the term of the license the license holder is entitled to all the rights and18
privileges of a licensed geoscientist.19
D. A licensed geoscientist may engage in the practice of any discipline of20
geoscience.21
§711.20. Expiration and renewals22
A. Licensure and certification shall expire at a time specified by the23
board and shall become invalid after that date unless renewed. It shall be the24
duty of the executive secretary of the board to notify by letter to his last known25
address each licensee and certificate holder of the date of the expiration of the26
license or certificate and the amount of the fee that shall be required for its27
renewal. The notice shall be mailed at least one month in advance of the28
expiration of such license or certificate. Renewal of licensure as a professional29 SB NO. 788
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geoscientist or geoscientist-in-training may be effected at any time during the1
two months prior to expiration by the payment of a fee not to exceed one2
hundred dollars per year, at the discretion of the board.3
B. Any person who renews his license or certificate within one hundred4
twenty days of the expiration of such license or certificate shall not be deprived5
of the right of renewal.6
C. The maximum fee for late renewal shall be established by the board,7
provided that such renewal fee shall not exceed three times the normal renewal8
fee. The board shall not increase the annual renewal fee by more than twenty9
dollars in any one-year period.10
§711.21. Continuing professional development for professional geoscientists11
Professional geoscientists may, by rule of the board, adopted in12
accordance with the Administrative Procedure Act, be required to earn13
annually up to fifteen hours of board-approved continuing professional14
development.15
$711.22. Seal16
A. Upon issuance of a license, the license holder shall obtain a seal of a17
design established by the board bearing:18
(1) The license holder's name.19
(2) The license number.20
(3) The words "licensed geoscientist" or "professional geoscientist".21
B. A geoscientific report, document, or other record, as defined by the22
board, that is offered to the public and prepared or issued by or under the23
supervision of a licensed geoscientist must, in accordance with rules adopted by24
the board, include the full name, signature, and license number of the license25
holder who prepared the report, document, or other record or under whose26
supervision it was prepared and bear an impression of the license holder's seal.27
§711.23. Disciplinary proceedings against licensees and certificate holders;28
procedure29 SB NO. 788
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A. The board shall have the power to take disciplinary action against any1
licensee or certificate holder found by the board to be guilty of any of the2
following acts or offenses:3
(1) Any fraud, deceit, material misstatement, or perjury or the giving of4
any false or forged evidence in applying for a license or certificate, or in taking5
any examination, or in applying for any renewal license or certificate provided6
for in this Chapter.7
(2) Any fraud, deceit, gross negligence, material misrepresentation, gross8
incompetence, or gross misconduct in the practice of geoscience.9
(3) Conviction of a felony or of any crime of moral turpitude or entry of10
a plea of guilty or nolo contendere to a felony charge or to a crime of moral11
turpitude under the laws of the United States or any state, territory, or district12
of the United States.13
(4) Conviction of any crime or entry of a plea of guilty or nolo14
contendere to any criminal charge an element of which is fraud or which arises15
out of such person's practice of geoscience.16
(5) Conviction of any civil or criminal violation of, or entry of a plea of17
guilty or nolo contendere to any criminal charge under the Louisiana Campaign18
Finance Disclosure Act or any other campaign finance or practices laws of the19
state of Louisiana, the United States, or any state, territory, or district of the20
United States.21
(6) Violation of any provision of this Chapter of any rules or regulations22
adopted and promulgated by the board, in accordance with the Administrative23
Procedure Act.24
(7) The refusal of the licensing authority of another state, territory, or25
district of the United States to issue or renew a license, permit, or certificate to26
practice geoscience, or the revocation or suspension or other restriction imposed27
on a license, permit, or certificate issued by such licensing authority, on grounds28
other than nonpayment of a licensure fee, or a finding by such licensing29 SB NO. 788
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authority that a person has engaged in the unlicensed practice of geoscience,1
provided that the reason for the action taken by the other licensing authority2
was recognized by the Louisiana board as a ground for disciplinary action at the3
time the action was taken.4
(8) Providing false testimony before the board.5
(9) Using a seal or stamp or engaging in any other act constituting the6
practice of geoscience, or violating any order or terms of probation imposed by7
the board, at a time when his license or certificate is suspended or revoked, or8
at a time when his license or certificate has been expired for more than ninety9
days or at a time when he is retired, or when his status as a board licensee is10
inactive.11
(10) Failure to provide, within thirty calendar days of receipt of notice12
by certified mail, information requested by the board relating to charges13
preferred by the board alleging a violation of this Chapter.14
(11) The use of any advertising or solicitation which is false or15
misleading.16
(12) Aiding or assisting another person in violating any provision of this17
Chapter or any rule or regulation adopted and promulgated by the board, in18
accordance with the Administrative Procedure Act.19
(13) Knowingly making or signing false statements, certificates, or20
affidavits in connection with the practice of geoscience.21
(14) Declaration of insanity or incompetence by a court of competent22
jurisdiction.23
(15) Presenting or attempting to use as one's own the license, certificate,24
seal, or stamp of another person.25
(16) Using or attempting to use an expired, inactive, retired, or revoked26
license or certificate.27
(17) Falsely impersonating any other licensee or certificate holder of like28
or different name.29 SB NO. 788
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(18) Practicing or offering to practice geoscience when not qualified.1
(19) Violation of or noncompliance with any order, ruling, or decision of2
the board.3
B. For purposes of this Chapter, the term "disciplinary action" shall4
include but not be limited to reprimand, probation, suspension, revocation of5
license or certificate, refusal to renew license or certificate, or fine in an amount6
not to exceed five thousand dollars per violation.7
C. Charges may be preferred against any licensee or certificate holder8
in the following manner:9
(1) The board, on its own initiative and by a majority vote of its entire10
membership authorized to participate in a proceeding, may prefer charges11
against any licensee or certificate holder who commits or engages in any of the12
acts or offenses listed in Subsection A of this Section.13
(2) The board, on receipt of a complaint from any person and by14
majority vote of the board's entire membership authorized to participate in a15
proceeding, may prefer charges against any licensee or certificate holder who16
commits or engages in any of the acts or offenses listed in Subsection A of this17
Section. Such complaint shall be in writing, shall be sworn to by the person or18
persons making the complaint, and shall be filed with the board.19
D. Within twenty days of the board's preferral of charges, the board20
shall mail a copy of the charges to the last known address of the licensee or21
certificate holder so charged.22
E. In the event the board determines after investigation that charges so23
preferred are completely unfounded, more appropriately resolved outside the24
formal disciplinary proceedings, or not within the jurisdiction of the board, the25
board shall so advise the charged party, in writing, of its determination.26
Otherwise, all charges shall be heard by the board or a hearing committee27
designated by the board within twelve months after the date on which they shall28
have been preferred. This twelve-month period may be extended with the29 SB NO. 788
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consent of both the board and the charged party.1
F. The date, time, and place for said hearing shall be fixed by the board2
or the hearing committee and a copy of the charges, together with a notice of the3
date, time, and place of the hearing, shall be personally served on or mailed to4
the last known address of the charged party, at least thirty days before the date5
fixed for hearing. At any hearing, the charged party shall have the right to6
appear in person, or by counsel, or both, to cross-examine witnesses in his7
defense, and to produce evidence, and witnesses in his defense. If the charged8
party fails or refuses to appear at the hearing, the board or the hearing9
committee may proceed to hear and determine the validity of the charges.10
G. If, after such hearing, a majority of the entire board membership11
authorized to participate in the proceeding vote in favor of sustaining the12
charges, the board may take disciplinary action against the charged party. Any13
charges found by the board after a hearing to be unfounded shall be published14
in the official journal of the board, if requested in writing by the charged party.15
H. A charged party aggrieved by any disciplinary action taken by the16
board may appeal therefrom, pursuant to the provisions of the Administrative17
Procedure Act.18
I. In addition to any other action, the board may assess all reasonable19
costs incurred in connection with a disciplinary proceeding, including20
investigators', stenographers', and attorney fees in conjunction with any other21
disciplinary action taken. The assessment of costs may be considered22
disciplinary action.23
J. All disciplinary actions taken shall be published in the official journal24
of the board and may be released to other professional organizations relating25
to geoscience, or to the news media.26
K. The board may make informal disposition by consent order,27
agreement, settlement, or default of any disciplinary proceeding pending before28
it. Each such informal disposition shall have no force or effect unless ratified by29 SB NO. 788
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the board at its next regular meeting. Consent orders may be considered1
disciplinary actions.2
L. The board may establish a complaint review committee to investigate,3
mediate, or initiate disciplinary or legal proceedings on behalf of the board with4
respect to charges preferred or information received by the board alleging that5
a licensee or certificate holder committed or engaged in any of the acts or6
offenses listed in Subsection A of this Section. The complaint review committee7
shall consist of at least one member of the board.8
M. The board, for reasons it may deem sufficient, may reissue or9
reinstate a license or certificate to any person whose license or certificate has10
been revoked, if a majority of the entire board membership authorized to11
participate in the proceeding vote in favor of such reissuance or reinstatement.12
§711.24. Enforcement proceedings against other persons; procedure13
A. The board shall have the power to take enforcement action against14
any nonlicensee or noncertificate holder found by the board to have committed15
any of the following acts or offenses:16
(1) Practicing or offering to practice geoscience in the state of Louisiana17
without being licensed in accordance with the provisions of this Chapter.18
(2) Presenting or attempting to use as one's own, the license, certificate,19
seal, or stamp of another person.20
(3) Any fraud, deceit, material misstatement, or perjury or the giving of21
any false or forged evidence in applying for a license or certificate, or in taking22
any examination.23
(4) Falsely impersonating any licensee or certificate holder of like or24
different name.25
(5) Using or attempting to use an expired, inactive, retired, or revoked26
license or certificate.27
(6) Using or attempting to use a seal or stamp which is deceptively28
similar to the seals or stamps authorized by the board for use by its licensees.29 SB NO. 788
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(7) Falsely claiming that a person is licensed under this Chapter.1
(8) Violation of any provisions of this Chapter or any rules or regulations2
adopted and promulgated by the board.3
(9) Violation of or noncompliance with any order, ruling, or decision of4
the board.5
B. For purposes of this Chapter, the term "enforcement action" shall6
include but not be limited to a fine in an amount not to exceed five thousand7
dollars per violation.8
C. Charges may be preferred against any nonlicensee or noncertificate9
holder in the following manner:10
(1) The board, on its own initiative and by a majority vote of its entire11
membership authorized to participate in a proceeding, may prefer charges12
against any nonlicensee or noncertificate holder who commits or engages in any13
of the acts or offenses listed in Subsection A of this Section.14
(2) The board, on receipt of a complaint from any person and by15
majority vote of the board's entire membership authorized to participate in a16
proceeding, may prefer charges against any nonlicensee or noncertificate holder17
who commits or engages in any of the acts or offenses listed in Subsection A of18
this Section. Such complaint shall be in writing, shall be sworn to by the person19
or persons making the complaint, and shall be filed with the board.20
D. Within twenty days of the board's preferral of charges, the board21
shall mail a copy of said charges to the last known address of the nonlicensee or22
noncertificate holder so charged.23
E. In the event the board determines after investigation that the charges24
so preferred are completely unfounded, more appropriately resolved outside the25
formal enforcement proceedings, or not within the jurisdiction of the board, the26
board shall so advise the charged party, in writing, of its determination.27
Otherwise, all charges shall be heard by the board or a hearing committee28
designated by the board within twelve months after the date on which they shall29 SB NO. 788
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have been preferred. This twelve-month period may be extended with the1
consent of both the board and the charged party.2
F. The date, time, and place for said hearing shall be fixed by the board3
or the hearing committee and a copy of the charges, together with a notice of the4
date, time, and place of the hearing, shall be personally served on or mailed to5
the last known address of the charged party, at least thirty days before the date6
fixed for hearing. At any hearing, the charged party shall have the right to7
appear in person, or by counsel, or both, to cross-examine witnesses in his8
defense, and to produce evidence and witnesses in his defense. If the charged9
party fails or refuses to appear at the hearing, the board or the hearing10
committee may proceed to hear and determine the validity of the charges.11
G. If, after such hearing, a majority of the entire board membership12
authorized to participate in the proceeding vote in favor of sustaining the13
charges, the board may take enforcement action against the charged party. Any14
charges found by the board after a hearing to be unfounded shall be published15
in the official journal of the board, if requested in writing by the charged party.16
H. A charged party aggrieved by any enforcement action taken by the17
board may appeal therefrom, pursuant to the provisions of the Administrative18
Procedure Act.19
I. In addition to any other action, the board may assess all reasonable20
costs incurred in connection with an enforcement proceeding, including21
investigators', stenographers', and attorney fees in conjunction with any other22
enforcement action taken. The assessment of costs may be considered23
enforcement action.24
J. All enforcement actions taken shall be published in the official journal25
of the board and may be released to other professional organizations relating26
to professional geoscience or to the news media.27
K. The board may make informal disposition by consent order,28
agreement, settlement, or default of any enforcement proceeding pending before29 SB NO. 788
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it. Each such informal disposition shall have no force or effect unless ratified by1
the board at its next regular meeting. Consent orders may be considered2
enforcement actions.3
L. The board may establish a complaint review committee to investigate,4
mediate, or initiate enforcement or legal proceedings on behalf of the board5
with respect to charges preferred or information received by the board alleging6
that a nonlicensee or noncertificate holder committed or engaged in any of the7
acts or offenses listed in Subsection A of this Section. The complaint review8
committee shall consist of at least one member of the board.9
M. Any individual nonlicensee or noncertificate holder found by a10
district court to have committed any of the acts or offenses listed in Subsection11
A of this Section shall be guilty of a misdemeanor and shall, upon conviction,12
suffer imprisonment for a period not exceeding three months. This penalty shall13
be in addition to any other enforcement action taken by the board.14
N. It shall be the duty of the attorney general, all district attorneys, and15
all duly constituted officers of the law of this state, or any political subdivision16
thereof, to enforce the provisions of this Chapter and to prosecute any persons17
violating same. The attorney general of this state, or his assistant, shall act as18
legal advisor to the board if the board so requests and render such legal19
assistance as may be deemed necessary by the board in carrying out the20
provisions of this Chapter, provided that this shall not relieve the local21
prosecuting officers of any of their duties under the law as such.22
O. Alternatively, following an investigation of any charges preferred or23
information received by the board alleging that a nonlicensee or noncertificate24
holder committed or engaged in any of the acts or offenses listed in Subsection25
A of this Section, and dependent upon the result of such investigation, the board26
may present its findings to the district attorney in whose district such act or27
offense has occurred, and shall aid in the prosecution of the violator; or the28
board may, if it deems necessary, prosecute any violator directly and in its own29 SB NO. 788
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name, in any district court of this state for such act or offense. Such action may1
be instituted by any member, attorney, employee, or agent of the board.2
Section 2. R.S. 44:4.1(B)(21) is hereby amended and reenacted to read as follows:3
§4.1. Exceptions4
* * *5
B. The legislature further recognizes that there exist exceptions, exemptions,6
and limitations to the laws pertaining to public records throughout the revised7
statutes and codes of this state. Therefore, the following exceptions, exemptions, and8
limitations are hereby continued in effect by incorporation into this Chapter by9
citation:10
* * *11
(21) R.S. 37:74, 86, 90, 147, 691, 711.10, 763, 763.1, 781, 920.1, 969.1,12
1277, 1278, 1285, 1326, 1518, 1745.15, 1747, 1806, 2156.1, 2406, 2505.1, 3481,13
3507.114
* * *15
Section 3. This Act shall become effective on January 1, 2011.16
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Nancy Vicknair.
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 that
at least one member be nominated from each congressional district.
Proposed law provides that, with the exception of the two board members from the public,
the governor shall select the board nominees from names submitted by each of the following:
(1)The Louisiana Engineering Society.
(2)The New Orleans Geological Society. SB NO. 788
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(3)The Baton Rouge Geological Society.
(4)The Shreveport Geological Society.
(5)The Lafayette Geological Society.
Proposed law further 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. Requires that the funds derived from fines 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
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 and 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. Provides that 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 nonlicensee and noncertificate
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, provides that the board may
prosecute any violator directly and in its own name in any district court.
Effective January 1, 2011. SB NO. 788
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(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.
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.
Senate Floor Amendments to engrossed bill.
1. Makes technical changes.
2. Requires the governor to nominate at least one board member from each
congressional district.
3. Except for the two members from the public, requires the governor to select
board nominees from names submitted by the following:
(a)The Louisiana Engineering Society.
(b)The New Orleans Geological Society.
(c)The Baton Rouge Geological Society.
(d)The Shreveport Geological Society.
(e)The Lafayette Geological Society.
4. Removes from the license and seal design requirements, the license holder's
discipline of geoscience.