|
|
Use Your Geologist's Seal!
It's The Right Thing to Do
and
It's The Law!
The Pennsylvania Department of
Environmental Protection (PA DEP) has published its
Policy on the use of the Geologists' Seal. Policy No.
012-2000-001, Policy on Meeting the Requirements of the 1996
Amendments to Engineer, Land Surveyor and Geologist Registration
Law, was published on the PA DEP Web Site with an effective date of June
1, 1998. You can check it out right
below here, by clicking on PA
DEP Guidelines and reading a synopsis of the new Policy.
Introduction
Geologists gained the right
and responsibility in 1992 to obtain a Professional License to
practice Geology. Since then, you would think that you would see
many reports and documents bearing the seals of Professional
Geologists. However, the PCPG Director currently sitting on the
State Registration Board for Professional Engineers, Land
Surveyors and Geologists, Dr. Richard E. Wright, P.G., has
reported that the use of the Geologist's Seal is all but
non-existent in Pennsylvania. Further, since Geologists are now
required to be licensed and to seal their Professional work, you
would think that there would have been at least some complaints
filed against Geologists either for poor practice or for
practicing without a license. However, Dr. Wright reports that as
of December 16, 1997, not one single complaint has ever been
filed against a Geologist in the Commonwealth of Pennsylvania.
Many Geologists apparently
are ignorant of the legal requirements for use of the
Professional Geologist's Seal. Or, if not actually ignorant of
the requirements, then they either have not yet developed the
habit of using their Professional Seals on work that they have
been doing, or for some inexplicable reason they are resisting
using their Professional Seals. You should know, as a
Professional Geologist, that obtaining, maintaining and using a
Professional Seal is a requirement of the
Geologist registration law.
The purpose of this page is
to provide the Professional Geologist, as well as public
consumers of the work of Professional Geologists, with
information concerning the practice of Geology. Information such
as obtaining a Professional Seal, the legal requirements for
using it, and the circumstances within the Commonwealth of
Pennsylvania when the Department of Environmental Protection (PA
DEP) will expect to see the Seal of a Professional Geologist in
order to judge submissions to be complete, how to get advice and
how to contact the Board, and, finally, the mechanism by which
you can file a complaint against a Geologist.
In a nutshell, the
responsibilities of Pennsylvania Professional Geologists are the
following six items:
This Information on this page
comes from a variety of sources: the Law; the implementing
Regulations; feedback from the State Registration Board: and
guidelines from the Pennsylvania Department of Environmental
Protection. You can skip around by following the handy link-list
items provided below:
The Law
The Professional Practice of Geology in the
Commonwealth of Pennsylvania is governed by law. The Relevant Law
is Public Law 913, established by passage of Act 367, dated May 23, 1945.
Act 367 --
Title
|
| "An act relating to and
regulating the practice of the profession of engineering,
including civil engineering, mechanical engineering,
electrical engineering, mining engineering and chemical
engineering, and the profession of land surveying and
constituent parts and combinations thereof as herein
defined; providing for the licensing and registration of
persons practicing said profession, and the certification
of engineers-in-training and surveyors-in-training, and
the suspension and revocation of said licenses,
registrations and certifications for violation of this
act; prescribing the powers and duties of the State
Registration Board for Professional Engineers and
Professional Land Surveyors, the Department of State and
the courts; prescribing penalties; and repealing existing
laws." |
Act 367 was, in turn, amended by
passage of Act 151 of 1992, providing for a number of amendments
to Act 367. The principal amendment in Act 151 was to add the
practice of geology to the professions covered under Act 367. The
Pennsylvania Counsel of Professional Geologists was the principal
driving force behind Act 151. Drafting the proposed legislation,
lobbying for its support with legislators and other
Professionals, and testifying before Legislative Committees by
PCPG Member Companies were all instrumental in the passage of Act
151. You can review PCPG's role in passing Act 151.
You can also Review Act 151 in its entirety
on this PCPG Web Page.
(Return
to the Link-List Menu)
The
Regulations
The Regulations governing
professional practice in Pennsylvania are contained in
Pennsylvania Code, Title 49 -- Professional and Vocational
Standards. Regulations for the Professional Practice of
Engineering, Land Surveying and Geology are in Chapter 37 of
Title 49, State Registration Board for Professional Engineers,
Land Surveyors and Geologists. Coming soon, you will be able to Review Chapter 37
Regulations in their entirety on this
PCPG Web Page. The following items summarize key provisions of
the Chapter 37 Regulations.
(Return
to the Link-List Menu)
Section
7: Obtaining and Maintaining a Professional Seal
| A registrants shall obtain,
at the registrant's own expense, a seal in the design
authorized by the Board, which shall bear the registrant
name, the registrant's registration number, and the
legend "Registered Professional Geologist." The
official seal must be 1¾-inches in diameter, although a
pocket seal may be reduced to 1½-inches if proportional
dimensions of the contents are preserved. Seal (or
facsimile imprint) shall be stamped
on all plans, specifications,
plats, and reports issued by a Professional Geologist. |
| A registrant may use a rubber stamp or computer image
which is a facsimile of the seal, if the registrant first
obtains a seal in accordance with this Section. |
| It shall be unlawful to use such seal during the
period the license or registration of the registrant has
been suspended or revoked; or to use a seal of any design
not approved by the Board. |
(Return
to the Link-List Menu)
Section
37.59 Use of the Seal
| A registrant may use his seal and signature only when
the work being sealed and signed was prepared by the
registrant or under the registrant's complete direction
and control. |
| When a registrant issues final or complete documents
to a client for the client's records, or when a
registrant submits final or complete documents to public
or governmental agencies for final review, the seal and
signature of the registrant who prepared or who directed
and controlled the preparation of the documents, along
with the date of issuance, shall be
prominently displayed on the first page of
all documents. Facsimile seals shall appear
on all subsequent pages of plans or plats. |
| When multiple registrants prepare or direct and
control the preparation of documents, each registrant's
seal and signature shall appear on the first page of the
documents, or on the first page of the identifiable
portion or section of the documents, which were prepared
or directed and controlled by that registrant, if the
respective registrants' direction and control can be
reasonably segregated. |
| When a registrant's signature is applied, it shall be
applied near or across the seal, but not in a location
that obliterates the registration number. |
| A registrant may not affix or permit a seal and
signature to be affixed to a document after the
expiration of the registrant's license status, or for the
purpose of aiding or abetting another person to evade or
attempt to evade a provision of the act or this chapter. |
| In the case of a temporary permit issued to a
registrant of another state, the registrant shall use the
seal of the regisgtrant's home state and shall affix his
signature and a copy of the temporary permit to work
performed in this Commonwealth. |
(Return
to the Link-List Menu)
Section
4(g): The Professional Geologist's Code of Ethics
| It is our responsibility to act for our clients or
employers in professional matters only as faithful agents
or trustees, and accept only the stated remuneration. |
| It is our responsibility never to injure falsely or
maliciously, directly or indirectly, the professional
reputation, prospects or business of anyone. |
| It is our responsibility never to attempt to supplant
another Geologist after definite steps have been taken
towards that other Geologist's employment. |
| It is our responsibility never to attempt to compete
with another Geologist for employment by the use of
unethical practices. |
| It is our responsibility never to review the work of
another Geologist for the same client without their
knowledge, unless their connection with the work has
terminated. |
| It is our responsibility never to attempt to obtain
or render technical services or assistance without fair
and just compensation; donation of services to a civic,
charitable, religious, or eleemosynary organization is
permitted. |
| It is our responsibility never to advertise in
self-laudatory language, or in any other manner,
derogatory to the dignity of the profession. |
| It is our responsibility never to attempt to practice
in any field of geology in which we are not proficient. |
| It is our responsibility never to use or permit the
use of your professional seal on work over which you have
not been in responsible charge. |
| It is our responsibility never to aid or abet any
person in the practice of geology not in accordance with
the provisions of the Act or prior laws. |
(Return
to the Link-List Menu)
Section
37.81: Misconduct
| A Professional Geologist found
guilty by the Board of gross negligence, incompetency, or
misconduct in the practice of Geology or of the
Professional Code of Ethics is subject to disciplinary
action under Section 4(g) of the Act. Misconduct in the
practice of Geology includes the following: |
| |
Conviction of a criminal offense such as extortion,
bribery, fraud, or entry of a plea of nolo contendere
to a charge thereof relating to the practice of Geology. |
| |
Inability to practice Geology with reasonable skill
and safety by reason of drunkenness, use of controlled
substances, chemicals, or other inhibiting materials, or
as a result of mental or physical incapacity. |
| |
Failing to exercise supervision over a person
authorized by an employer to practice Geology under the
supervision of a Professional Geologist. |
| |
Delegating responsible charge to a PG you know or
have reason to know is not qualified by training or
experience to engage in and be entrusted with the work
involved in the practice of Geology. |
| |
Being convicted of a felony in a state or Federal
court, or conviction of a misdemeanor in the practice of
Geology. |
| |
Making misleading or fraudulent representation in the
practice of Geology. |
| |
Practicing fraud or deceit in obtaining a license to
practice Geology. |
| |
Submitting a false or deceptive biennial registration
to the Board. |
| |
Reviewing on behalf of a public entity or an agency
of government, plans on which the individual performing
the review, or a member or employee of the participant's
firm, has participated in any manner, including an
advisory capacity (this is a violation of the Public
Official and Employee Ethics Law). |
| |
Violating a provision of the Act or Chapter 37
Regulations. |
| |
Having a license to practice geology suspended or
revoked, or having other disciplinary action taken for
conduct relating to the practice of Geology by the proper
licensing authority of another state, territory, or
country. |
(Return to the
Link-List Menu)
Penalties
for Conviction
Offense
|
First Conviction
|
Second Conviction
|
| Practicing without a license |
Summary Offense: $1,000 fine and / or three months
imprisonment |
Felony: $2,000-5,000 fine and / or 1-2 years
imprisonment |
| Using another's license |
Summary Offense: $1,000 fine and / or three months
imprisonment |
Felony: $2,000-5,000 fine and / or 1-2 years
imprisonment |
| Falsely acquiring a license |
Summary Offense: $1,000 fine and / or three months
imprisonment |
Felony: $2,000-5,000 fine and / or 1-2 years
imprisonment |
| Using an expired license |
Summary Offense: $1,000 fine and / or three months
imprisonment |
Felony: $2,000-5,000 fine and / or 1-2 years
imprisonment |
| Violation of any provision of Act 367 |
Civil Penalty: $1,000 fine plus any other penalty |
Civil Penalty: $1,000 fine plus any other penalty |
| Immediate and clear danger to public health and
safety |
Temporary suspension of license up to 180 days |
Temporary suspension of license up to 180 days |
| Board discretion |
License revocation |
License revocation |
(Return
to the Link-List Menu)
PA
DEP Guidelines
On June 1, 1998, the PA DEP formally adopted it's
"Policy on Meeting the Requirements of the 1996 Amendments
to Engineer, Land Surveyor and Geologist Registration Law."
The new Policy is virtually the same document briefed to
Geologists at a Western Regional Meeting of the PCPG, hosted in
Export, PA, by PCPG Director Scott Blauvelt, P.G. (Earth Sciences
Consultants, Inc.), in early 1998. At that Meeting, the PA DEP
Southwest Regional Direcor Charles Duritsa, working in concert
with Mr. Eric Conrad of the PA DEP Office of field Operations,
announced DEP's intention to publish this Policy. The Policy
effective on June 1, 1998, defines PA DEP expectations for the
implementation of provisions of the Professional Engineers, Land
Surveyors and Geologists Registration Act regarding the use of
geologist and engineer seals with regard to submissions to the
Department. The Policy includes a matrix outlining permits,
programs, practices and functions which the Department feels
would require the respective or alternative use of PG and PE
seals. The practice and program matrix is very similar to the
Matrix published by the Department in the Pennsylvania Bulletin,
Volume 26, No. 15, April 13, 1996, pages 1751-1761, and listed on
this page since mid-1996.
Publication of this Policy formalizes the results
of many, many months of hard work by Mr. Conrad and his Staff,
and negotiations in which the PCPG and the Pennsylvania Society
of Professional Engineers (PSPE) and the DEP have worked to
develop a DEP policy relative to the appropriate use of
professional seals on DEP permits, forms and reports. You should
remember that this guideline will be only that -- a guideline of
PA DEP expectations. It does not, and can not, establish
regulations governing the use of the Professional Geologist's
Seal, because only the Registration Board is authorized by law to
promulgate such regulations.
You can view the new PA DEP Policy in it's
entirety, or download a copy of your very own (four pages plus
the practice and program area Appendix Tables) by clicking here
to jump to the PA
DEP Web Site then look for Policy No. 012-2000-001 with
Appendices. Or, stick with PCPG, and you can read the synopsis of
salient points shown below:
| Synopsis of PA
DEP Policy No. 012-2000-001 |
| Procedure: |
| The Pennsylvania Department of Environmental
Protection (DEP) will require that documents pertaining
to the practice of geology submitted as part of permit
applications or reports will be sealed by a registered
professional geologist in accordance with provisions of
Act 151.63 P.S. Section 148-158.2, the Pennsylvania
Engineer, Land surveyor and Geologist Registration Law. |
| Determinations on whether submittals will require the
seal of a registered professional geologist will be made
on a cawe-by-case basis by staff responsible for
reviewing the submittals and if sealed by a professional
other than geologist whether the geologic work is
incidental or not. |
| It is important to note that determinations by
Departmental staff as to whether geologic work is
incidental or not is limited to their determination as to
whether the submittal is technically complete. Such
determinations do not speak to the issue as to whether
the work is actually incidental. [Because Act 151 did not
define the term "incidental," such
determinations can only be made by precedence established
by actions of The State Registration Board for
Profewssional Engineers, Land surveyors, and Geologists
(Board).] |
| The Department's permit modules are required for many
Department submittals. These modules will be modified to
incorporate a statement certifying that the professional
submitting the document is working within their area of
expertise and meets the requirements of the professional
registration law. |
| The language to be added to the permit modules will
read: "By affixing my seal to this
application (document), I am certifying that the
information is true and correct. I further certify I am
licensed to practice in the Commonwealth of Pennsylvania
and that it is within my professional expertise to verify
the correctness of the information."
| (Name of
Professional) |
| (signed and sealed this day
(insert date)) |
|
| Likewise, reports or documents that contain
information needing sealing should also include this
language and be sealed by the professional conducting the
work. |
| |
| Departmental Reviews |
| If the professional is not qualified and repeatedly
submits information to the Department, then the
Department may forward the name of the individual to the
Board for appropriate action. Action may then be taken
against them through the Board to suspend or revoke the
license and registration of any professional engineer,
professional land surveyor or professional geologist
found guilty by the Board of incompetency or of a
violation of the code of Ethics. Item (7) of the Code of
Ethics states that it shall be considered unprofessional
and inconsistent with honorable and dignified bearing for
any professional engineer, professional land surveyor and
professional geologist "to attempt to practice
in any field of engineering, land surveying or geology in
which the registrant is not proficient. . . ." |
| By relying on the unwritten, self-policing
responsibilities of practicing professionals and the
public at large to report infractions of these
requirements to the Board, DEP staff will not have to
worry about whether or not the professional has the
ability to practice geology or if the geology is
incidental to the project. The professional sealing the
document is ascertaining that they are qualified to do
so. Failure to express sound judgement will be a
violation of the Code of Ethics, which may result in the
loss of their license. This approach allows us to
accommodate incidental geology associated with the
project. |
| Further, all geologic submittals to the Department
will be reviewed by agency staff who are professional
geologists or who are under the "responsible
charge" of a professional geologist. |
| The Department, as it has always done, will retain
the right to return submittals to the applicants when it
has been determined that the submittal does not
adequately meet our needs for issuance of a permit or
approval of a report. This return request may require,
direct or suggest the use and retainment of a
professional geologist on the resubmittal. Provisions of
other registration requirements, such as required by
surveyors and landscape architects, will not be affected
by this proposal; ie., surveying work that requires the
seal of a professional land surveyor will still be
required on all submittals. |
| The matrix developed during the initial phase of this
effort will be used as a guideline to indicate which
types of submittals sahould be sealed by a registered
professional geologist. |
| |
| APPENDICES: |
| A matrix summarizing the types of geologic submittals
that may require a professional geologist's seal was
attached to the final policy. The matrix will only be
used as a guide by DEP staff to help identify which
submittals to the Department may require a professional
geologist's seal. The matrix is virtually unchanged from
the one published in the Pennsylvania Bulletin,
Volume 26, No. 15, April 143, 1996, pages 1751-1761. A
copy of the new matrix is on the PA
DEP Web Site, and can be downloaded by selecting
Policy No. 012-2000-001 with its appendices, once you get
to the PA DEP Web Site. |
Contacting
the Board
The State Board of Registration for Professional
Engineers, Land Surveyors and Geologists is organized within the
the Department of State of the Commonwealth of Pennsylvania, and
under the Bureau of Professional and Occupational Affairs. You
can contact the Board for routine business and inquiries through
the Board Administrator, Ms. Shirley Klinger. The address and
telephone number are as follow:
Ms. Shirley Klinger
Board Administrator
State Licensing Board for Engineers, Land Surveyors and
Geologists
P.O. Box 2649
Harrisburg, PA 17105-2649 |
| Telephone Number: 717-783-7049 |
(Return
to the Link-List Menu)
Obtaining
Advice
If you need an answer to a
question concerning the practice of Geology, or some advice on
how to proceed with obtaining a license, you can contact one of
several sources of information. First, you can try to get in
touch with the WebMaster by E-Mail. If he cannot answer your
question, then you can try to reach either of the Geologist
Members of the State Registration Board for Engineers, Land
Surveyors and Geologists. You can reach them in writing c/o the
Registration Board at the address shown above, or at their
business addresses as follows:
|
Thomas
Gillespie, P.G.
Environmental
Liability Management, Inc.
PO
Box 1411
Bethlehem,
PA 18016
Phone
(610) 216-9485 |
Ted
Tesler, P.G.
Gannett
Fleming
4602
Abbington Road
Harrisburg,
PA 17109
Phone
(609) 439-8053 |
When we consider how to rid the Professional
Practice of Geology of unlicensed or illegally licensed or
incompetent or unethical practitioners, it is important to
remember the role of the Board. The State Registration Board for
Professional Engineers, Land Surveyors and Geologists is not a
policing body. It is a judicial body. That means that it cannot
police the practice of Geology by direct action. It must rely
upon complaints being filed against practitioners by others. Once
a complaint is filed, the Board maintains a professional
investigator to investigate the substance of complaints.
Anyone may file a complaint with the State
Registration Board for Professional Engineers, Land Surveyors and
Geologists, against any professional practitioner covered by that
Board. Reports of acts of gross negligence, incompetency, or
misconduct in the practice of Geology, or in violation of the
Act, should be reported either by telephone to:
Complaints Office at
800-822-2113
or in writing to:
Complaints Officer
Bureau of Professional and Occupational Affairs
P. O. Box 2649
Harrisburg, PA 17105-2649 |
Complainants should identify the charge or
charges against the Professional Geologist with a violation of
the Act, and should specify the grounds upon which the complaint
is based. The Board appreciates the sensitive nature of
complaints against professional practitioners. While the
Regulations allow the State Registration Board for Professional
Engineers, Land Surveyors, and Geologists to release the
complainant's name, the Board's policy in this matter is to
preserve the anonymity of complainants. The Board is also seeking
a means of protecting complainant anonymity even further, through
a third-party "complaint-filing conduit" such as might
be represented by a professional association (along the lines of
the A.M.A. or Bar Associations).
|
