The following information specifies the status of states with ongoing or the potential for legislative activity related to geologic registration/licensing activity current to mid-March, 2011. Included in this report are updates related to the modification of existing legislation regarding geologic licensure, registration and similar issues. If you know of any additional registration/licensure activity please contact me at 601/354-6370 or e-mail to .
Currently 30 states and one (1) U.S. territory have true practice regulation laws, two (2) states have title regulation acts, four (4) states have statutory definition, and nine (9) states have some form of certification (these include some states with registration, statutory definition, or title regulation). Note that the state of Virginia has a practice regulation act that is voluntary.
It appears that there are now two (2) states that are actively pursuing geologic licensure efforts — New York and New Jersey. Other legislation includes Louisiana that is scheduled to introduce legislation to amend its licensure law that became effective on January 1, 2011 to institute fees and fines (see update section for further information).
Also of importance to note are proposed legislative actions that have been ongoing in both Texas and Florida. Please see the following detailed updates for the noted states.
New York
The licensure effort in New York has been ongoing now for the past 16 or so years. During the past year, legislation was passed in the New York Senate 61-0. It was then sent to the Assemblyon June 22, 2010, where it was again referred to the Assembly's Committee on Higher Education on June 23, 2010. The committee did not act on the bill and it subsequently died in committee.
Legislation was again re-introduced (S2406-2011) and was referred to the Senate's Committee on Higher Education on January 20, 2011. A companion bill was introduced in the New York Assembly and it too was referred to its Higher Education Committee on February 3, 2011. As of this date, there have been no further actions from either house.
As noted in past reports, none of these proposed bills provides for the exemption of petroleum geoscientists and was formally opposed by the DPA in the past. We will continue to monitor New York's legislative efforts.
Louisiana
To reiterate from this committee's October, 2010 report, Louisiana's legislative efforts, spearheaded by Michael Simms (Baton Rouge), were met with the passage of geologic licensure by the state's legislature that was signed by Governor Jindal and made effective January 1, 2011. However, in order to ensure passage, some components of the legislation were removed including the key items of funding and disciplinary authorities (i.e. fines). It is anticipated that those key items will be reintroduced to amend the existing law during Louisiana's 2011 upcoming legislative session that is scheduled to begin on April 25, 2011. The resulting legislation, minus the items noted above, is nearly identical to the Texas licensure law that exempts those in the petroleum sector provided that one works for industry. We will continue to monitor Louisiana and its progress towards implementing fines and fees.
New Jersey
NewJersey introduced legislation (only 8 pages in length) in its legislature. The legislation appears to be very sketchy and is silent on most of the commonly included legislative language related to professional licensure legislation. The legislation does not exempt any sector of practice either directly or indirectly related to the geosciences including petroleum geology. This committee has not had any contact with any of the proponents of this legislation. We will monitor this new development and try to make contact with the proponents of same in the future.
Florida
Prior to the convening of the Florida Legislature, Representative Gaetz (Shalamar, FL) pre-filed legislation that singled out the PG Board and eliminated them. Before the session began, and as a result of many phone calls and e-mails to Representative Gaetz, he withdrew his bill. However, the story does not end there.
Most recently, Representative Bovo proposed sweeping legislation (HB5005) eliminating 30 boards of professional licensure including the Board of Geologists and the Surveying Board, as well as auctioneers, hairbraiders, bodywrappers, etc. There were concerns that HB 5005 would then join up with a companion Senate bill and would be voted on and approved by both the House and the Senate before many of those most affected by this legislation would have been made aware of what was occurring in Florida's capital.
This legislation was sent to several committees within only a few days for hearings and several organizations including the FAPG/AIPG, ASBOG, and the DPA/AAPG responded with letters against the proposed deregulation of the Florida Board of Professional Geologists. The DPA's President Dan Tearpock and Executive Committee responded with great speed and presented the chair of the Economic Affairs Committee with its letter of opposition the day before the hearing. This chair contacted the lobbyist employed by the FAPG/AIPG and transmitted a pdf of the DPA's letter to him in case it was needed during the Economic Affairs Committee hearing on the evening preceding the legislative hearing date. At that time it was learned that because of the large amount of opposition to the inclusion of the deregulation of the Board of Professional Geologists and the Surveyors, that the Representative Bovo had represented that he was going to introduce a strike all that removed both from the proposed deregulation. HB 5005 came off its "fast track" and left the Economic Affairs Committee of Florida's House of Representatives as a 63 page piece of legislation (as compared to the original 280 plus pages of legislation) minus the deregulation of both the geologists and surveyors. So in the short run, the Board of Professional Geologists was spared elimination. In the long run, however, it is felt that this is likely only one of several attempts that may occur in the near term. The committee will continue to monitor Florida as well as other states for similar proposed legislative actions.
Texas
There has been a flurry of activity in Texas that began with Governor Perry's proposed budget suspending the future operations of the Texas Board of Professional Geoscientists. However, with the final passage of the House and Senate budget, it appears the TBPG is funded. Now we await the Governor's decision. That should be around June 15th or so.
Continuing Education Requirements: All States and DPA Board Certified
Eight states and the DPA's Board Certified designation now all require continuing education and one state (Mississippi) has a voluntary continuing education program. The states with continuing education requirements include the following: Alabama, Delaware, Kansas, Minnesota, New Hampshire, Pennsylvania, South Carolina, and Texas.
States with Registration-Licensure (Year)
- Alabama (1995)
- Arizona (1956)
- Arkansas (1988)
- California (1968)
- North Carolina (1983)
- South Carolina (1986)
- Delaware (1972)
- Florida (1988)
- Georgia (1975)
- Idaho (1971)
- Illinois (1995)
- Indiana (1998)
- Kansas (1997)
- Kentucky (1992)
- Maine (1973)
- Minnesota (1995)
- Mississippi (1997)
- Missouri (1994)
- Nebraska (1998)
- New Hampshire (2000)
- Oregon (1977)
- Pennsylvania (1993)
- Texas (2001)
- Utah (2002)
- Virginia (Voluntary) (1980)
- Washington (2000)
- Wisconsin (1994)
- Wyoming (1997)
- Puerto Rico (US Territory) (1997)
- Tennessee (2008)
- Louisiana (2010)
States with Statutory Definition (Year)
- Colorado (1973)
- Michigan (1988)3)
- Nevada (1997)
- Oklahoma (1993
States with Title Regulation (Year)
- Alaska (1980)
- Virginia (1981)
States with Certification Requirements
- Alaska
- Connecticut
- Iowa
- Massachusetts
- Missouri
- Nevada
- New Jersey
- Texas
- Virginia (voluntary registration)
A one-page summary of requirements/guidelines for each state that has licensure/registration laws in effect is maintained on the ASBOG website. Simply follow the "Matrix" link.