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Regular Session, 2010 ENROLLED
SENATE BILL NO. 788
BY SENATOR HEBERT
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; to provide6
for examinations; to provide for eligibility; to provide for types of licenses; to7
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
Practice Act".18
§711.2. Definitions19
The following words and phrases when used in this Chapter shall have20
the following meanings, unless the context clearly requires otherwise:21
(1) "Applicant" means any person seeking to practice geoscience in the22
state of Louisiana who has applied to the board for authority to practice the23
respective profession and render such professional geoscience services in the24
state of Louisiana, or an individual who has applied to the board for25
certification as a geoscientist in training.26
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(2) "Board" means the Louisiana Board of Professional Geoscientists,1
provided for by this Chapter.2
(3) "Certification", "certified", or "certificate holder" means the3
recognition granted by the board and its issuance of a certificate to any4
individual seeking such recognition as a geoscientist in training, who has been5
successfully examined and is otherwise in good standing with the board.6
(4) "Engineer" or "professional engineer" means an individual who, by7
reason of his special knowledge and ability to apply the mathematical, physical,8
and engineering sciences and the principles and methods of engineering analysis9
and design, acquired by an engineering education and engineering experience,10
is qualified to practice engineering, as evidenced by his licensure as such by the11
Louisiana Professional Engineering and Land Surveying Board, as set forth in12
Chapter 8 of this Title.13
(5) "Geoscience" means the science of the earth and its origin and14
history, the investigation of the earth's environment and its constituent soils,15
rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and16
introduced agents, forces, and processes that cause changes in and on the earth.17
(6) "Geoscientist" means a person qualified to engage in the practice of18
geoscience because of the person's knowledge, acquired through education and19
practical experience, of geoscience, mathematics, and the supporting physical,20
chemical, mineralogical, morphological, and life sciences.21
(7) "Geoscientist in training" means a person registered by the board22
on the basis of education and who meets other requirements established by the23
board but who is not fully qualified to be a licensed geoscientist under this24
Chapter.25
(8) "Licensed geoscientist" or "professional geoscientist" means a26
person who holds a license issued by the board under this Chapter.27
(9) "Licensee" means any person practicing or seeking to practice28
geoscience in the state of Louisiana who has received a license from the board29
and is otherwise in good standing with the board. The term is often used30 SB NO. 788 ENROLLED
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synonymously with the term "registrant".1
(10) "Licensed" or "licensure" means the recognition granted by the2
board and its issuance of a license to any person to practice geoscience in the3
state of Louisiana. These terms are often used synonymously with the terms4
"registered" or "registration".5
(11) "Person" means any individual.6
(12) (a) "Practice of engineering" means responsible professional service7
which may include consultation, investigation, evaluation, planning, designing,8
or inspection of construction in connection with any public or private utilities,9
structures, machines, equipment, processes, works, or projects wherein the10
public welfare or the safeguarding of life, health, and property is concerned or11
involved, when such professional service requires the application of engineering12
principles and the interpretation of engineering data.13
(b) A person shall be construed to practice or offer to practice14
engineering who practices in any discipline of the profession of engineering, or15
who, by verbal claim, sign, advertisement, letterhead, card, or in any other way16
represents himself to be a professional engineer, or who represents himself as17
able to perform, or who does perform any engineering service or work or any18
other professional service designated by the practitioner or recognized by19
educational authorities as engineering. The practice of engineering shall not20
include the work ordinarily performed by a person who himself operates or21
maintains machinery or equipment.22
(13) "Practice of geoscience" means the practice for the public of23
geoscientific services or work, including consulting, investigating, evaluating,24
analyzing, planning, mapping, and inspecting geoscientific work and the25
responsible supervision of those tasks.26
(14)(a) "Practice of land surveying" includes the measuring of areas,27
land surfaces, streams, bodies of water, and swamps for correct determination28
and description, for the establishment, reestablishment, ascertainment, or29
description of land boundaries, corners, divisions, distances, and directions, the30 SB NO. 788 ENROLLED
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plotting and monumenting of lands and subdivisions thereof, and mapping and1
topographical work.2
(b) A person shall be construed to practice or offer to practice land3
surveying who engages in land surveying and who by verbal claim, sign,4
advertisement, letterhead, card, or in any other way represents himself to be a5
land surveyor, or who represents himself as able to perform or who does6
perform any land surveying service or work, or any other service designated by7
the practitioner which is recognized as land surveying.8
(15) "Responsible charge" means the independent control and direction9
of geoscientific work or the supervision of geoscientific work by the use of10
initiative, skill, and independent judgment.11
(16) "Water well driller" or "licensed water well driller" means a12
person, firm, or corporation licensed to drill a water well, as set forth in R.S.13
38:3098.14
§711.3. Application of Chapter15
A. This Chapter shall not authorize the practice of professional land16
surveying by a licensed geoscientist. This Chapter shall not apply to a qualified17
and licensed professional land surveyor who confines the professional land18
surveyor's practice to the practice of land surveying as described in Chapter 819
of this Title.20
B. This Chapter shall not authorize the practice of engineering by a21
licensed geoscientist.22
C. This Chapter shall not require a licensed professional engineer, or a23
person acting under the responsible charge of a licensed professional engineer,24
who also regularly performs geoscientific services or work that is both25
engineering and geoscience, to be licensed as a geoscientist or to work under the26
supervision of a licensed geoscientist.27
D. A recommendation, design, analysis, redesign, or review and28
evaluation, the supervision, or a summary analysis of an engineered structure29
or work, the performance of which requires engineering education, training,30 SB NO. 788 ENROLLED
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and experience in the application of special knowledge of mathematical,1
physical, and engineering sciences, is the practice of engineering and is subject2
to Chapter 8 of this Title.3
E. This Chapter shall not permit a licensed geoscientist to perform an4
engineering analysis supporting an engineering design unless the action is under5
the responsible charge of a professional engineer.6
F. This Chapter shall not permit a licensed geoscientist to provide7
construction quality control and evaluation, to perform materials engineering8
and testing, or to design, develop, or perform engineering review and evaluation9
of engineering plans and engineering specifications for an engineered structure10
or work unless the action is under the responsible charge of a professional11
engineer.12
G. (1) With regard to an environmental and pollution remediation13
project, this Chapter permits the characterization, study, appraisal,14
investigation, analysis, and geoscientific review and evaluation of and the15
making of recommendations regarding the geoscientific components of the16
project by a licensed geoscientist.17
(2) This Chapter shall not permit the design, development, or18
performance of engineering review and evaluation of a component of the project19
consisting of an engineered structure, work, or process or a related constructed20
improvement by a licensed geoscientist.21
H. (1) With regard to a geoscientific investigation of geological conditions22
affecting an engineered structure, work, or process, this Chapter permits the23
characterization, study, appraisal, investigation, analysis, and geoscientific24
review and evaluation of and the making of recommendations regarding the25
geoscientific components of the engineered structure, work, or process by a26
licensed geoscientist.27
(2) This Chapter shall not permit the design, development, or28
performance of engineering review and evaluation of the engineered structure,29
work, or process or a related constructed improvement by a licensed30 SB NO. 788 ENROLLED
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geoscientist.1
I. The board and the Louisiana Professional Engineering and Land2
Surveying Board by rule, memorandum of understanding, or other appropriate3
procedure or document shall jointly resolve any conflict between this Chapter4
or a rule adopted under this Chapter and Chapter 8 of this Title or a rule5
adopted under that Chapter.6
J. This Chapter shall not authorize a licensed geoscientist to act as or7
offer to perform services as a water well driller. This Chapter shall not apply8
to a licensed water well driller who confines his activities to those described9
under R.S. 38:3098.10
§711.4. Board; appointments; terms11
A. The Louisiana Board of Professional Geoscientists is hereby created12
to administer the provisions of this Chapter. The board shall consist of nine13
members, six of whom shall be licensed geoscientists, one of whom shall be a14
licensed professional engineer with expertise in geotechnical engineering and15
geoscience, and two of whom shall be members of the public.16
B.(1) The governor shall appoint all members to the board subject to17
Senate confirmation.18
(2) The governor shall nominate at least one member from each19
congressional district.20
(3) Except for the two members of the public, the governor shall select21
the nominees from lists of names submitted by each of the following:22
(a) The Louisiana Engineering Society.23
(b) The New Orleans Geological Society.24
(c) The Baton Rouge Geological Society.25
(d) The Shreveport Geological Society.26
(e) The Lafayette Geological Society.27
C. The members shall serve at the pleasure of the governor.28
D. This board shall be financially self-sufficient. It shall receive no state29
funds through appropriation or otherwise and shall not expend any such state30 SB NO. 788 ENROLLED
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funds. No state funds shall be expended or committed to expenditure to the1
board for a group benefits program or any other health insurance or employee2
benefit program, for any retirement system, for any salary, per diem payment,3
travel or expenses, office supplies and materials, rent, purchase of any product4
or service, or for any other purpose.5
§711.5. Qualifications of board members6
Each member of the board shall be a citizen of the United States and a7
resident of this state for at least the three years preceding appointment.8
§711.6. Compensation and expenses9
Each member of the board shall receive the amount set by the board, but10
not to exceed one hundred dollars per diem when actually attending to the work11
of the board or any of its committees, and for the time spent in necessary travel;12
and, in addition thereto, shall be reimbursed for all actual traveling, incidental13
and clerical expenses necessarily incurred in carrying out the provisions of this14
Chapter.15
§711.7. Organization and meetings16
A. The board shall hold at least four regular meetings each year.17
Special meetings shall be held at such time and place as specified by a call of the18
chairman or secretary. Notice of all meetings shall be given in writing to each19
member by the secretary. The board shall elect annually from its membership20
the following officers: a chairman, a vice chairman, a secretary, and a treasurer.21
A quorum of the board shall be a majority of its members. The board may22
appoint or employ an assistant secretary, executive secretary, treasurer, or23
other officers or employees not members of the board, to whom clerical and24
administrative duties may be assigned. The board shall fix the compensation25
of such persons not under the state civil service.26
B. The board shall be domiciled and maintain its principal office in the27
city of Baton Rouge and shall maintain its records at the principal office, and28
shall hold its regular meetings there, unless, in the discretion of the chairman,29
it is necessary or convenient to meet elsewhere. A change in domicile of the30 SB NO. 788 ENROLLED
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board may be made by a two-thirds affirmative vote of the entire board1
membership at a regular meeting.2
§711.8. Powers of the board3
A. The board shall have the power to make, adopt, amend, and4
promulgate bylaws not inconsistent with the constitution and laws of this state,5
which may be reasonably necessary for the proper performance of its duties,6
and the regulation of the proceedings before it. The board shall adopt and have7
an official seal, which shall be affixed to all licenses and certificates issued.8
B.(1) Each member of the board shall have power to administer oaths,9
and the board shall have power to subpoena witnesses and compel the10
production of books and papers pertinent to any investigation, hearing, or11
disciplinary or enforcement proceeding authorized by this Chapter, and any12
employee of the board engaged in such investigation, hearing, or disciplinary13
or enforcement proceeding shall have the power to administer oaths to and take14
the depositions of persons pertaining to any investigation, hearing, or15
disciplinary or enforcement proceeding.16
(2) The board may require any law enforcement officer or any state17
agency, the sheriffs of the various parishes, or constables, marshals, or other18
law enforcement officers of any parish or municipality to serve such subpoenas19
and other process of said board. Whenever parish, municipal, or other local20
officers are required to serve such subpoenas or other process of the board, they21
shall be paid the same fees by the board as are provided by law for similar22
services under processes issued by district courts.23
(3)(a) Any person who shall fail to appear in response to a subpoena or24
to answer any question or produce any books or papers pertinent to any such25
investigations, hearings, or disciplinary or enforcement proceedings or who26
shall knowingly give false testimony therein shall be guilty of a misdemeanor27
and subject to the actions, sanctions, and penalties provided by this Chapter.28
(b) In case of contumacy or refusal to obey a subpoena issued to any29
person, any district court within the jurisdiction of which the inquiry is carried30 SB NO. 788 ENROLLED
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on, or within the jurisdiction of which said person guilty of contumacy or1
refusal to obey is found, or resides, or transacts business upon application by2
the board, shall have jurisdiction to issue to such person an order requiring3
such person to appear before the board, its member, or agent, and to produce4
evidence, if so ordered, or there to give testimony relating to the matter under5
consideration or in question; and any failure to obey such order of court may6
be punished by said court as a contempt thereof.7
C.(1) The board shall adopt, promulgate, and enforce rules and8
regulations in accordance with the Administrative Procedure Act, which may9
be reasonably necessary for the protection of the public and proper10
administration of this Chapter. These rules and regulations shall be binding11
upon all applicants, licensed geologists and geologists-in-training, including all12
geoscience firms. These rules and regulations shall be made known, in writing,13
to every applicant, licensee, and certificate holder under this Chapter. The14
board may revise and amend these rules and regulations from time to time, in15
accordance with the Administrative Procedure Act, and shall notify each16
licensee and certificate holder in writing or by notice in the official journal of17
the board of such revision or amendment.18
(2) The board may establish, adopt, promulgate, and publish rules and19
regulations in accordance with the Administrative Procedure Act, concerning20
the procurement of professional geoscientific services.21
D. The board is hereby authorized in its own name to apply for relief by22
injunction in the established manner provided in cases of civil procedure to23
enforce the provisions of this Chapter, or to restrain any violation thereof. In24
such proceedings, it shall be unnecessary to allege or prove that either an25
adequate remedy at law does not exist or that substantial or irreparable damage26
would result from the continued violation thereof.27
E. The board may subject an applicant to such examinations as it deems28
necessary to determine his qualifications. In the event a question arises as to the29
competence of a licensee or certificate holder in a specific technical field which30 SB NO. 788 ENROLLED
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cannot be otherwise resolved to the board's satisfaction, the board, either upon1
request of the licensee or certificate holder or on its own volition, may submit2
the licensee or certificate holder to appropriate examinations.3
F. The board, by rule or regulation adopted in accordance with the4
Administrative Procedure Act, may create license or renewal rules for licensees5
and former licensees, and may establish classifications of licensure including but6
not limited to active, expired, inactive, and retired classifications.7
§711.9. Receipts and disbursements8
A. The treasurer or the executive secretary of the board, or any other9
person or persons authorized by the board, shall receive, disburse, and account10
for all monies paid to or received by the board. He shall institute a system of11
books and financial records satisfactory to the legislative auditor, who shall12
audit them annually. The treasurer shall open an account in a bank designated13
by the board as its official depository in the city wherein the board is domiciled.14
All checks disbursing funds of the board must be signed by any two of the15
following persons: the executive secretary, the deputy executive secretary, the16
treasurer, or any member of the board as directed by the board. All17
disbursements of funds shall be approved by the board. All funds of the board18
shall be deposited within seventy-two hours after receipt.19
B. The board may employ such investigators, clerical, or other assistants20
as are necessary for the proper performance of its work, and may make21
expenditures from its funds for any purpose which, in the opinion of the board,22
is reasonably necessary for the proper performance of its duties under this23
Chapter, including the expenses of the board's delegates to conventions and24
meetings of, and any applicable membership dues. The board may, if it deems25
necessary, or upon advice of the attorney general, hire counsel and investigators26
and pay traveling expenses thereof for the investigation and prosecution of any27
disciplinary or enforcement proceeding under this Chapter.28
C. The board may, at its discretion, pay any witness subpoenaed to29
appear before the board an amount set by the board, but not to exceed one30 SB NO. 788 ENROLLED
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hundred dollars per diem, when actually in attendance, including time spent in1
traveling, not to exceed one day to and one day from the location of the board2
meeting, and in addition, the board may reimburse any witness for actual3
traveling expenses when furnished with proof of such expenses, including hotel4
when a witness resides in a parish other than the one in which the board is5
meeting.6
D. Under no circumstances shall the total amount of warrants issued by7
the board in payment of the expenses and compensation provided for in this8
Chapter exceed the amount of the income and funds of the board.9
§711.10. Records and reports10
A.(1) The board shall keep a record of its proceedings and a file of all11
applications, which file shall show:12
(a) The name, age, and residence of each applicant.13
(b) The date of the application.14
(c) The place of business of such applicant.15
(d) Educational and other qualifications of the applicant.16
(e) Whether or not an examination was required.17
(f) Whether the applicant was rejected.18
(g) Whether a license or certification was granted.19
(h) The date of the action of the board.20
(i) Such other information which may be deemed necessary by the board.21
(2) The records of the board shall be prima facie evidence of the22
proceedings of the board set forth therein, and a transcript thereof, duly23
certified by the secretary of the board, under seal, shall be admissible in24
evidence with the same force and effect as if the original were produced.25
B. All records maintained by the board in connection with disciplinary26
and enforcement proceedings and actions or its administration of examinations,27
including examinations, answer sheets, solutions, and grade sheets, together28
with all the background information involving personal and employer29
references shall be deemed confidential and as such, exempt from the provisions30 SB NO. 788 ENROLLED
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of Chapter 1, Title 44 of the Louisiana Revised Statutes of 1950; however, any1
applicant shall have the right to examine other documents relating and2
pertaining to any action taken by the board with regard to such applicant, but3
only to the extent that those documents are in the actual possession of the board.4
Notwithstanding any provision of law to the contrary, the board, at its5
discretion, may publish and shall disclose any documents and information6
relating and pertaining to disciplinary and enforcement proceedings and actions7
once the board has rendered a final decision or order.8
§711.11. Rosters and lists9
A. A roster showing the names and addresses of all professional10
geoscientists and the geoscience discipline under which each professional11
geoscientist has been listed, and the names and addresses of all geoscientists-in-12
training may be published at the discretion of the board.13
B. The board shall maintain a list of each state or foreign country in14
which the requirements and qualifications for licensure or registration are15
comparable to those established in this state and with which a reciprocity16
agreement exists.17
§711.12. License required, exemptions18
A. Unless exempted by this Chapter, a person shall not engage in the19
practice of geoscience unless the person holds a license issued under this20
Chapter.21
B. Unless the person is licensed under this Chapter, he shall not engage22
in any of the following activities:23
(1) Use the term "Licensed Professional Geoscientist", "Licensed24
Geoscientist", "Professional Geoscientist", or the initials "P.G." as part of a25
professional, business, or commercial identification or title.26
(2) Otherwise represent to the public that the person is qualified to27
practice as a geoscientist or engage in the practice of geoscience.28
C. A person shall not take responsible charge of a geoscientific report or29
a geoscientific portion of a report required by municipal or parish ordinance,30 SB NO. 788 ENROLLED
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state or federal law, state agency rule, or federal regulation that incorporates1
or is based on a geoscientific study or geoscientific data unless the person is2
licensed under this Chapter.3
D. The following activities do not require a license under this Chapter:4
(1) Geoscientific work performed by an employee or a subordinate of a5
license holder under this Chapter if the work does not include the responsible6
charge of geoscientific work and is performed under the direct supervision of7
a licensed geoscientist who is responsible for the work.8
(2) Geoscientific work performed by an officer or employee of the United9
States practicing solely as such an officer or employee.10
(3) Geoscientific work performed exclusively in exploring for and11
developing oil, gas, or other energy resources, base metals, or precious or12
nonprecious minerals, including sand, gravel, or aggregate, if the work is done13
in and for the benefit of private industry.14
(4) Geoscientific research conducted through an academic institution,15
local, state, or federal governmental agency, nonprofit research institution, or16
for-profit organization, including submission of a report on the research to a17
public agency.18
(5) Teaching geoscience or a related physical or natural science.19
(6) Work customarily performed by a cartographer, technician, or20
physical or natural scientist, including a geologist, geophysicist, soil scientist,21
chemist, archaeologist, geographer, or oceanographer, if the work does not22
include the practice of geoscience.23
(7) Work performed by an archaeologist, geoscientist, or other person24
conducting a stratigraphic or historical geological investigation for25
archaeological purposes.26
(8) Testifying or preparing and presenting an exhibit or document for27
the sole purpose of being placed in evidence before an administrative or judicial28
tribunal or hearing if the testimony, exhibit, or document does not imply that29
the person is licensed under this Chapter.30 SB NO. 788 ENROLLED
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(9) The evaluation by a state agency or by a hearing examiner of an1
exhibit or document offered or placed in evidence before an administrative2
tribunal.3
§711.13. Application for licensure or certification4
A. Application for licensure as a professional geoscientist shall be on5
forms prescribed and furnished by the board, shall show the applicant's6
education and a detailed summary of his technical work, and shall contain such7
references prescribed by the board.8
B. Application for certification as a geoscientist-in-training shall be on9
forms prescribed and furnished by the board, shall show the applicant's10
education and a detailed summary of his technical work, if any, and shall11
contain such references prescribed by the board.12
C. All applications shall include a statement affirming that the13
information contained on the application is true and correct to the best of the14
applicant's knowledge, information, and belief. Electronic signatures are15
acceptable, if properly encrypted.16
§711.14. Examinations17
A. The board may prepare, administer, and grade oral and written18
examinations required or permitted under this Chapter.19
B. The board may adopt or recognize, in whole or in part, an20
examination prepared, administered, or graded by another organization, on a21
regional or national basis, that the board determines appropriate to measure22
the qualifications of an applicant for a license under this Chapter under the23
following circumstances:24
(1) The examination questions, the correct answers, and the applicant's25
completed examination are available to the board.26
(2) The board retains the authority to determine a passing grade for a27
license in this state.28
§711.15. License eligibility29
A. To be eligible for a license under this Chapter, an applicant shall meet30 SB NO. 788 ENROLLED
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the following minimum qualifications.1
(1) The applicant must be of good moral and ethical character as attested2
to by letters of reference submitted on behalf of the applicant or as otherwise3
determined by the board.4
(2) The applicant shall have either:5
(a) Graduated from a course of study in a discipline of geoscience6
satisfactory to the board that consists of at least four years of study and includes7
at least thirty semester hours or forty-five quarter hours of credit in geoscience,8
of which at least twenty semester hours or thirty quarter hours of credit must9
be in upper-level college courses in that discipline.10
(b) Satisfactorily completed other equivalent educational requirements11
as determined by the board.12
(3) The applicant shall have a documented record of at least five years13
of qualifying work experience, as provided by this Chapter, that demonstrates14
that the applicant is qualified to assume responsible charge of geoscientific15
work.16
(4)(a) The applicant must pass an examination required by the board17
covering the fundamentals and practice of the appropriate discipline of18
geoscience.19
(b) An applicant who applies for licensure under this Chapter prior to20
January 1, 2012, shall be exempt from taking the examination described in21
Subparagraph (a) of this Paragraph if the applicant satisfies all the22
requirements of this Subsection.23
B. The board may accept qualifying work experience in lieu of the24
education required by Subsection A of this Section.25
§711.16. Qualifying work experience26
A. The board shall apply the following standards in evaluating the work27
experience of an applicant for a license under this Chapter.28
(1) Each year of work experience acceptable to the board constitutes one29
year of qualifying work experience if the experience was acquired under the30 SB NO. 788 ENROLLED
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direct supervision of any of the following:1
(a) A geoscientist who is licensed in this state or in another state under2
requirements for licensure or registration that are comparable to those in this3
Chapter.4
(b) A geoscientist who meets the educational and work experience5
requirements for licensure but is not required to be licensed under this Chapter.6
(c) Another professional acceptable to the board.7
(2) Each year of work experience acceptable to the board and acquired8
before September 1, 2010, constitutes one year of qualifying work experience if9
the experience either:10
(a) Was acquired under the direct supervision of any of the following:11
(i) A geoscientist who meets the educational and work experience12
requirements for a license under this Chapter.13
(ii) A geoscientist who is licensed or registered under comparable14
requirements in another state.15
(iii) Another professional acceptable to the board.16
(b) Would constitute the responsible charge of professional geoscientific17
work as determined by the board.18
(3) Each year of full-time graduate study in a discipline of geoscience19
that is acceptable to the board constitutes one year of qualifying work20
experience. However, the board may not accept more than two years of full-21
time graduate study in a discipline of geoscience as qualifying work experience.22
B. The board may accept research in or the teaching of a discipline of23
geoscience at the college or university level as qualifying work experience if the24
research or teaching, in the judgment of the board, is comparable to work25
experience obtained in the practice of geoscience.26
§711.17. Reciprocal license27
A. The board by rule, adopted in accordance with the Administrative28
Procedure Act, may authorize the licensing of a person who has not met the29
examination requirement of this Chapter, if the person is licensed or registered30 SB NO. 788 ENROLLED
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to practice a discipline of geoscience under the law of another state or a foreign1
country.2
B. The board may issue a license to an applicant who provides proof of3
licensure or registration under requirements that the board determines to be4
substantially similar to those established by this Chapter.5
§711.18. Temporary license6
A. The board may issue a temporary license to a person who satisfies7
either of the following:8
(1) The applicant is not a resident of this state and does not have an9
established place of business in this state but seeks to engage in the practice of10
geoscience in this state for a temporary period.11
(2) The applicant applies for a reciprocal license and seeks to engage in12
the practice of geoscience pending a determination on the application for the13
reciprocal license.14
B. An applicant for a temporary license must satisfy all of the following15
requirements:16
(1) The applicant must apply to the board for a temporary license and17
provide proof of licensure or registration in another state or a foreign country.18
(2) The applicant must agree to comply with the signature requirements19
of this Chapter and to affix the person's seal from the jurisdiction in which the20
person is licensed or registered on all work completed while practicing under21
the temporary license.22
(3) The applicant must file the required information and reports and23
comply with other requirements established by the board concerning the24
person's temporary practice.25
C. (1) A temporary license issued under Paragraph (1) of Subsection (A)26
of this Section expires on the ninetieth day after the date of issuance.27
(2) A temporary license issued under Paragraph (2) of Subsection (A) of28
this Section expires on the date the reciprocal license is issued or denied.29
§711.19. Issuance of license30 SB NO. 788 ENROLLED
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A. The board shall issue a license to an applicant who meets the1
requirements of this Chapter.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) A signature of an appropriate officer of the board under the board's6
seal.7
C. The issuance by the board of a license is prima facie evidence that8
during the term of the license the license holder is entitled to all the rights and9
privileges of a licensed geoscientist.10
D. A licensed geoscientist may engage in the practice of any discipline of11
geoscience.12
§711.20. Expiration and renewals13
A. Licensure and certification shall expire at a time specified by the14
board and shall become invalid after that date unless renewed. It shall be the15
duty of the executive secretary of the board to notify by letter to his last known16
address each licensee and certificate holder of the date of the expiration of the17
license or certificate and the requirements for its renewal. The notice shall be18
mailed at least one month in advance of the expiration of such license or19
certificate. Renewal of licensure as a professional geoscientist or geoscientist-in-20
training may be effected at any time during the two months prior to expiration21
at the discretion of the board.22
B. Any person who renews his license or certificate within one hundred23
twenty days of the expiration of such license or certificate shall not be deprived24
of the right of renewal.25
§711.21. Continuing professional development for professional geoscientists26
Professional geoscientists may, by rule of the board, adopted in27
accordance with the Administrative Procedure Act, be required to earn28
annually up to fifteen hours of board-approved continuing professional29
development.30 SB NO. 788 ENROLLED
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§711.22. Seal1
A. Upon issuance of a license, the license holder shall obtain a seal of a2
design established by the board bearing:3
(1) The license holder's name.4
(2) The license number.5
(3) The words "licensed geoscientist" or "professional geoscientist".6
B. A geoscientific report, document, or other record, as defined by the7
board, that is offered to the public and prepared or issued by or under the8
supervision of a licensed geoscientist must, in accordance with rules adopted by9
the board, include the full name, signature, and license number of the license10
holder who prepared the report, document, or other record or under whose11
supervision it was prepared and bear an impression of the license holder's seal.12
§711.23. Disciplinary proceedings against licensees and certificate holders;13
procedure14
A. The board shall have the power to take disciplinary action against any15
licensee or certificate holder found by the board to be guilty of any of the16
following acts or offenses:17
(1) Any fraud, deceit, material misstatement, or perjury or the giving of18
any false or forged evidence in applying for a license or certificate, or in taking19
any examination, or in applying for any renewal license or certificate provided20
for in this Chapter.21
(2) Any fraud, deceit, gross negligence, material misrepresentation, gross22
incompetence, or gross misconduct in the practice of geoscience.23
(3) Conviction of a felony or of any crime of moral turpitude or entry of24
a plea of guilty or nolo contendere to a felony charge or to a crime of moral25
turpitude under the laws of the United States or any state, territory, or district26
of the United States.27
(4) Conviction of any crime or entry of a plea of guilty or nolo28
contendere to any criminal charge an element of which is fraud or which arises29
out of such person's practice of geoscience.30 SB NO. 788 ENROLLED
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(5) Conviction of any civil or criminal violation of, or entry of a plea of1
guilty or nolo contendere to any criminal charge under the Louisiana Campaign2
Finance Disclosure Act or any other campaign finance or practices laws of the3
state of Louisiana, the United States, or any state, territory, or district of the4
United States.5
(6) Violation of any provision of this Chapter of any rules or regulations6
adopted and promulgated by the board, in accordance with the Administrative7
Procedure Act.8
(7) The refusal of the licensing authority of another state, territory, or9
district of the United States to issue or renew a license, permit, or certificate to10
practice geoscience, or the revocation or suspension or other restriction imposed11
on a license, permit, or certificate issued by such licensing authority, on grounds12
other than nonpayment of a licensure fee, or a finding by such licensing13
authority that a person has engaged in the unlicensed practice of geoscience,14
provided that the reason for the action taken by the other licensing authority15
was recognized by the Louisiana board as a ground for disciplinary action at the16
time the action was taken.17
(8) Providing false testimony before the board.18
(9) Using a seal or stamp or engaging in any other act constituting the19
practice of geoscience, or violating any order or terms of probation imposed by20
the board, at a time when his license or certificate is suspended or revoked, or21
at a time when his license or certificate has been expired for more than ninety22
days or at a time when he is retired, or when his status as a board licensee is23
inactive.24
(10) Failure to provide, within thirty calendar days of receipt of notice25
by certified mail, information requested by the board relating to charges26
preferred by the board alleging a violation of this Chapter.27
(11) The use of any advertising or solicitation which is false or28
misleading.29
(12) Aiding or assisting another person in violating any provision of this30 SB NO. 788 ENROLLED
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Chapter or any rule or regulation adopted and promulgated by the board, in1
accordance with the Administrative Procedure Act.2
(13) Knowingly making or signing false statements, certificates, or3
affidavits in connection with the practice of geoscience.4
(14) Declaration of insanity or incompetence by a court of competent5
jurisdiction.6
(15) Presenting or attempting to use as one's own the license, certificate,7
seal, or stamp of another person.8
(16) Using or attempting to use an expired, inactive, retired, or revoked9
license or certificate.10
(17) Falsely impersonating any other licensee or certificate holder of like11
or different name.12
(18) Practicing or offering to practice geoscience when not qualified.13
(19) Violation of or noncompliance with any order, ruling, or decision of14
the board.15
B. For purposes of this Chapter, the term "disciplinary action" shall16
include but not be limited to reprimand, probation, suspension, revocation of17
license or certificate, or refusal to renew license or certificate.18
C. Charges may be preferred against any licensee or certificate holder19
in the following manner:20
(1) The board, on its own initiative and by a majority vote of its entire21
membership authorized to participate in a proceeding, may prefer charges22
against any licensee or certificate holder who commits or engages in any of the23
acts or offenses listed in Subsection A of this Section.24
(2) The board, on receipt of a complaint from any person and by25
majority vote of the board's entire membership authorized to participate in a26
proceeding, may prefer charges against any licensee or certificate holder who27
commits or engages in any of the acts or offenses listed in Subsection A of this28
Section. Such complaint shall be in writing, shall be sworn to by the person or29
persons making the complaint, and shall be filed with the board.30 SB NO. 788 ENROLLED
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D. Within twenty days of the board's preferral of charges, the board1
shall mail a copy of the charges to the last known address of the licensee or2
certificate holder so charged.3
E. In the event the board determines after investigation that charges so4
preferred are completely unfounded, more appropriately resolved outside the5
formal disciplinary proceedings, or not within the jurisdiction of the board, the6
board shall so advise the charged party, in writing, of its determination.7
Otherwise, all charges shall be heard by the board or a hearing committee8
designated by the board within twelve months after the date on which they shall9
have been preferred. This twelve-month period may be extended with the10
consent of both the board and the charged party.11
F. The date, time, and place for said hearing shall be fixed by the board12
or the hearing committee and a copy of the charges, together with a notice of the13
date, time, and place of the hearing, shall be personally served on or mailed to14
the last known address of the charged party, at least thirty days before the date15
fixed for hearing. At any hearing, the charged party shall have the right to16
appear in person, or by counsel, or both, to cross-examine witnesses in his17
defense, and to produce evidence, and witnesses in his defense. If the charged18
party fails or refuses to appear at the hearing, the board or the hearing19
committee may proceed to hear and determine the validity of the charges.20
G. If, after such hearing, a majority of the entire board membership21
authorized to participate in the proceeding vote in favor of sustaining the22
charges, the board may take disciplinary action against the charged party. Any23
charges found by the board after a hearing to be unfounded shall be published24
in the official journal of the board, if requested in writing by the charged party.25
H. A charged party aggrieved by any disciplinary action taken by the26
board may appeal therefrom, pursuant to the provisions of the Administrative27
Procedure Act.28
I. In addition to any other action, the board may assess all reasonable29
costs incurred in connection with a disciplinary proceeding, including30 SB NO. 788 ENROLLED
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investigators', stenographers', and attorney fees in conjunction with any other1
disciplinary action taken. The assessment of costs may be considered2
disciplinary action.3
J. All disciplinary actions taken shall be published in the official journal4
of the board and may be released to other professional organizations relating5
to geoscience, or to the news media.6
K. The board may make informal disposition by consent order,7
agreement, settlement, or default of any disciplinary proceeding pending before8
it. Each such informal disposition shall have no force or effect unless ratified by9
the board at its next regular meeting. Consent orders may be considered10
disciplinary actions.11
L. The board may establish a complaint review committee to investigate,12
mediate, or initiate disciplinary or legal proceedings on behalf of the board with13
respect to charges preferred or information received by the board alleging that14
a licensee or certificate holder committed or engaged in any of the acts or15
offenses listed in Subsection A of this Section. The complaint review committee16
shall consist of at least one member of the board.17
M. The board, for reasons it may deem sufficient, may reissue or18
reinstate a license or certificate to any person whose license or certificate has19
been revoked, if a majority of the entire board membership authorized to20
participate in the proceeding vote in favor of such reissuance or reinstatement.21
§711.24. Enforcement proceedings against other persons; procedure22
A. The board shall have the power to take enforcement action against23
any nonlicensee or noncertificate holder found by the board to have committed24
any of the following acts or offenses:25
(1) Practicing or offering to practice geoscience in the state of Louisiana26
without being licensed in accordance with the provisions of this Chapter.27
(2) Presenting or attempting to use as one's own, the license, certificate,28
seal, or stamp of another person.29
(3) Any fraud, deceit, material misstatement, or perjury or the giving of30 SB NO. 788 ENROLLED
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any false or forged evidence in applying for a license or certificate, or in taking1
any examination.2
(4) Falsely impersonating any licensee or certificate holder of like or3
different name.4
(5) Using or attempting to use an expired, inactive, retired, or revoked5
license or certificate.6
(6) Using or attempting to use a seal or stamp which is deceptively7
similar to the seals or stamps authorized by the board for use by its licensees.8
(7) Falsely claiming that a person is licensed under this Chapter.9
(8) Violation of any provisions of this Chapter or any rules or regulations10
adopted and promulgated by the board.11
(9) Violation of or noncompliance with any order, ruling, or decision of12
the board.13
B. For purposes of this Chapter, the term "enforcement action" shall14
include but not be limited to a fine in an amount not to exceed five thousand15
dollars per violation.16
C. Charges may be preferred against any nonlicensee or noncertificate17
holder in the following manner:18
(1) The board, on its own initiative and by a majority vote of its entire19
membership authorized to participate in a proceeding, may prefer charges20
against any nonlicensee or noncertificate holder who commits or engages in any21
of the acts or offenses listed in Subsection A of this Section.22
(2) The board, on receipt of a complaint from any person and by23
majority vote of the board's entire membership authorized to participate in a24
proceeding, may prefer charges against any nonlicensee or noncertificate holder25
who commits or engages in any of the acts or offenses listed in Subsection A of26
this Section. Such complaint shall be in writing, shall be sworn to by the person27
or persons making the complaint, and shall be filed with the board.28
D. Within twenty days of the board's preferral of charges, the board29
shall mail a copy of said charges to the last known address of the nonlicensee or30 SB NO. 788 ENROLLED
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noncertificate holder so charged.1
E. In the event the board determines after investigation that the charges2
so preferred are completely unfounded, more appropriately resolved outside the3
formal enforcement proceedings, or not within the jurisdiction of the board, the4
board shall so advise the charged party, in writing, of its determination.5
Otherwise, all charges shall be heard by the board or a hearing committee6
designated by the board within twelve months after the date on which they shall7
have been preferred. This twelve-month period may be extended with the8
consent of both the board and the charged party.9
F. The date, time, and place for said hearing shall be fixed by the board10
or the hearing committee and a copy of the charges, together with a notice of the11
date, time, and place of the hearing, shall be personally served on or mailed to12
the last known address of the charged party, at least thirty days before the date13
fixed for hearing. At any hearing, the charged party shall have the right to14
appear in person, or by counsel, or both, to cross-examine witnesses in his15
defense, and to produce evidence and witnesses in his defense. If the charged16
party fails or refuses to appear at the hearing, the board or the hearing17
committee may proceed to hear and determine the validity of the charges.18
G. If, after such hearing, a majority of the entire board membership19
authorized to participate in the proceeding vote in favor of sustaining the20
charges, the board may take enforcement action against the charged party. Any21
charges found by the board after a hearing to be unfounded shall be published22
in the official journal of the board, if requested in writing by the charged party.23
H. A charged party aggrieved by any enforcement action taken by the24
board may appeal therefrom, pursuant to the provisions of the Administrative25
Procedure Act.26
I. In addition to any other action, the board may assess all reasonable27
costs incurred in connection with an enforcement proceeding, including28
investigators', stenographers', and attorney fees in conjunction with any other29
enforcement action taken. The assessment of costs may be considered30 SB NO. 788 ENROLLED
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enforcement action.1
J. All enforcement actions taken shall be published in the official journal2
of the board and may be released to other professional organizations relating3
to professional geoscience or to the news media.4
K. The board may make informal disposition by consent order,5
agreement, settlement, or default of any enforcement proceeding pending before6
it. Each such informal disposition shall have no force or effect unless ratified by7
the board at its next regular meeting. Consent orders may be considered8
enforcement actions.9
L. The board may establish a complaint review committee to investigate,10
mediate, or initiate enforcement or legal proceedings on behalf of the board11
with respect to charges preferred or information received by the board alleging12
that a nonlicensee or noncertificate holder committed or engaged in any of the13
acts or offenses listed in Subsection A of this Section. The complaint review14
committee shall consist of at least one member of the board.15
M. Any individual nonlicensee or noncertificate holder found by a16
district court to have committed any of the acts or offenses listed in Subsection17
A of this Section shall be guilty of a misdemeanor and shall, upon conviction,18
suffer imprisonment for a period not exceeding three months. This penalty shall19
be in addition to any other enforcement action taken by the board.20
N. It shall be the duty of the attorney general, all district attorneys, and21
all duly constituted officers of the law of this state, or any political subdivision22
thereof, to enforce the provisions of this Chapter and to prosecute any persons23
violating same. The attorney general of this state, or his assistant, shall act as24
legal advisor to the board if the board so requests and render such legal25
assistance as may be deemed necessary by the board in carrying out the26
provisions of this Chapter, provided that this shall not relieve the local27
prosecuting officers of any of their duties under the law as such.28
O. Alternatively, following an investigation of any charges preferred or29
information received by the board alleging that a nonlicensee or noncertificate30 SB NO. 788 ENROLLED
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holder committed or engaged in any of the acts or offenses listed in Subsection1
A of this Section, and dependent upon the result of such investigation, the board2
may present its findings to the district attorney in whose district such act or3
offense has occurred, and shall aid in the prosecution of the violator; or the4
board may, if it deems necessary, prosecute any violator directly and in its own5
name, in any district court of this state for such act or offense. Such action may6
be instituted by any member, attorney, employee, or agent of the board.7
Section 2. R.S. 44:4.1(B)(21) is hereby amended and reenacted to read as follows:8
§4.1. Exceptions9
* * *10
B. The legislature further recognizes that there exist exceptions, exemptions,11
and limitations to the laws pertaining to public records throughout the revised12
statutes and codes of this state. Therefore, the following exceptions, exemptions, and13
limitations are hereby continued in effect by incorporation into this Chapter by14
citation:15
* * *16
(21) R.S. 37:74, 86, 90, 147, 691, 711.10, 763, 763.1, 781, 920.1, 969.1,17
1277, 1278, 1285, 1326, 1518, 1745.15, 1747, 1806, 2156.1, 2406, 2505.1, 3481,18
3507.119
* * *20
Section 3. This Act shall become effective on January 1, 2011.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: