HLS 23RS-840 ORIGINAL 2023 Regular Session HOUSE BILL NO. 546 BY REPRESENTATIVE PRESSLY Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ENGINEERS: Provides relative to professional engineers 1 AN ACT 2To amends and reenact R.S. 37:681, 682(13)(b), and 700(A)(7), relative to professional 3 engineers; to provide for the use of certain terms relating to the practice of 4 engineering; to provide for general provisions; to provide for definitions; to provide 5 for enforcement proceedings; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 37:681, 682(13)(b), and 700(A)(7) are hereby amended and 8 reenacted to read as follows: 9 §681. General provisions 10 In order to safeguard life, health, and property and to promote the public 11 welfare, any individual in either public or private capacity, or foreign or domestic 12 firm, practicing or offering to practice professional engineering or professional land 13 surveying, shall be required to submit evidence that he is qualified to so practice and 14 shall be licensed as hereinafter provided. It shall be unlawful for any person to 15 practice or to offer to practice in this state engineering or land surveying, as defined 16 in this Chapter, or to use in connection with his name or otherwise assume, use, or 17 advertise any title or description tending to convey the impression that he is a 18 professional engineer or a professional land surveyor, unless such person has been 19 duly licensed under the provisions of this Chapter. A person shall not be in violation 20 of this Section solely by the use of the word "engineer" or "engineering" in a name, Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-840 ORIGINAL HB NO. 546 1 job title, personnel classification, business title, verbal claim, sign, advertisement, 2 letterhead, card, or any other similar description or use. 3 §682. Definitions 4 The following words and phrases when used in this Chapter shall have the 5 following meaning, unless the context clearly requires otherwise: 6 * * * 7 (13) 8 * * * 9 (b) A person shall be construed to practice or offer to practice engineering: 10 who practices in any discipline of the profession of engineering; or who, by verbal 11 claim, sign, advertisement, letterhead, card, or in any other way represents himself 12 to be a professional engineer; or who represents himself as able to perform; or who 13 does perform any engineering service or work or any other professional service 14 designated by the practitioner or recognized by educational authorities as 15 engineering. A person shall not be construed to be practicing or offering to practice 16 engineering or otherwise fall under the definition of "practice of engineering" as 17 defined in this Chapter solely by the use of the word "engineer" or "engineering" in 18 a name, job title, personnel classification, business title, verbal claim, sign, 19 advertisement, letterhead, card, or any other similar use. The practice of engineering 20 shall not include the work ordinarily performed by a person who himself operates or 21 maintains machinery or equipment. 22 * * * 23 §700. Enforcement proceedings against other persons; procedure 24 A. The board shall have the power to take enforcement action against any 25 non-licensee or non-certificate holder found by the board to be guilty of any of the 26 following acts or offenses: 27 * * * 28 (7) The use by any person of the words "engineer" or "engineering" or "land 29 surveyor" or "land surveying" or any modification or derivative thereof in its name Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-840 ORIGINAL HB NO. 546 1 or form of business or activity except as licensed under this Chapter or in the pursuit 2 of activities exempted by this Chapter. However, the board shall not have the power 3 to take any enforcement action against any nonlicensee or noncertificate holder 4 solely for using the words "engineer" or "engineering" in a name, job title, personnel 5 classification, business title, verbal claim, sign, advertisement, letterhead, card, or 6 any other similar description or use, so long as nonlicense holder or noncertificate 7 holder does not practice or offer to practice engineering as defined in this Chapter. 8 * * * DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 546 Original 2023 Regular Session Pressly Abstract: Clarifies whether a person may use the term of engineer, engineering, or practice of engineering. Present law requires that any individual practicing or offering to practice professional engineering or professional land surveying, shall be required to submit evidence that he is qualified to do so. No person shall practice or offer to practice in this state engineering or land surveying or to use in connection with his name or otherwise assume, use, or advertise any title or description that conveys the impression that he is a professional engineer or a professional land surveyor, unless they has been licensed. Proposed law retains present law and requires that a person shall not be in violation of present law solely by the use of the word "engineer" or "engineering" in a name, job title, personnel classification, business title, verbal claim, sign, advertisement, letterhead, card, or any other similar description or use. Present law provides that a person shall be construed to practice or offer to practice engineering: who practices in any discipline of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer; or who represents himself as able to perform; or who does perform any engineering service or work or any other professional service designated by the practitioner or recognized by educational authorities as engineering. The practice of engineering shall not include the work ordinarily performed by a person who himself operates or maintains machinery or equipment. Proposed law retains present law and includes that a person shall not be construed to be practicing or offering to practice engineering or otherwise fall under the definition of "practice of engineering" as defined in present law solely by the use of the word "engineer" or "engineering" in a name, job title, personnel classification, business title, verbal claim, sign, advertisement, letterhead, card, or any other similar use. Present law states that the board shall have the power to take enforcement action against a person for the use of the words "engineer" or "engineering" or "land surveyor" or "land Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-840 ORIGINAL HB NO. 546 surveying" or any modification or derivative thereof in its name or form of business or activity except as licensed. Proposed law retains present law and includes that the board shall not have the power to take any enforcement action against any nonlicensee or noncertificate holder solely for using the words "engineer" or "engineering" in a name, job title, personnel classification, business title, verbal claim, sign, advertisement, letterhead, card, or any other similar description or use, so long as nonlicense holder or noncertificate holder does not practice or offer to practice engineering. (Amends R.S. 37:681, 682(13)(b), and 700(A)(7)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.