Transcript Slide 1

APELSCIDLA Board
Virginia Board for
Architects, Professional Engineers, Land
Surveyors, Certified Interior Designers
& Landscape Architects
Overview of the Board
• History of the Board
• Board Members
• Board Staff
History of the Board
The APELS Board was created in 1920.
Landscape Architects joined in 1980
and Interior Designers joined in 1990 –
creating the acronym “APELSCIDLA”!
The APELSCIDLA Board
Thirteen
member Board
Examines,
licenses, certifies and regulates
Approximately
36,000 Architects,
Professional Engineers, Land Surveyors,
Certified Landscape Architects and
Certified Interior Designers and related
businesses in Virginia
Board Members – § 54.1-403 of the
Code of Virginia
• James R. Boyd - Arch
• Michael F. LeMay – Arch
• J. Everette “Ebo” Fauber, III, (Vice
Chair)-Arch
• Nico De Léon – PE
• Stanley C. Harris, Sr. – PE
• Wiley V. “Bif” Johnson, III – PE
Board Members – § 54.1-403 of the
Code of Virginia
• John R. McAden – LS
• Nancy E. McIntyre (Chair) – LS
• W. R. Stephenson, Jr. – LS
• Vaughn B. Rinner – LA
• Andrew M. Scherzer - LA
• Lorri Finn – CID
• Cameron C. Stiles – CID
Board Staff
• Kate Nosbisch,
Executive
Director
• Marian Brooks,
Program
Manager
• Amy Goobic,
Administrative
Assistant
LICENSING
STAFF:
• Sheree Dean,
Office Manager
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Tonia Burrell
Joan Leonard
Ramona Norris
Toni Spencer
Jennifer Wynn
Board’s Web-Site
The Board’s web-site contains the following:
• Statutes and regulations
• Contact information
• Board meeting dates, agendas, and
meeting minutes
• Pending regulatory actions
• Applications and newsletters
• Exam information
www.dpor.virginia.gov
Navigating the Website
Navigating the Website (cont.)
Navigating the Website (cont.)
Navigating the Website (cont.)
Navigating the Website (cont.)
Navigating the Website (cont.)
Overview of Licensing
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Levels of Regulation
Definitions
Exemptions
Use of Seal
Disciplinary Actions
Levels of Regulation
Levels of regulation pursuant to §§
54.1-300 and 311 of the Code of
Virginia:
• Licensure (aka Practice Act);
• Certification (aka Title Act); and
• Registration (no attestation as to
minimal competency)
Definitions
Architect:
"Architect" means a person who, by reason of his knowledge
of the mathematical and physical sciences, and the principles
of architecture and architectural design, acquired by
professional education, practical experience, or both, is
qualified to engage in the practice of architecture and whose
competence has been attested by the Board through licensure
as an architect.
Professional Engineer:
"Professional engineer" means a person who is qualified to
practice engineering by reason of his special knowledge and
use of mathematical, physical and engineering sciences and
the principles and methods of engineering analysis and design
acquired by engineering education and experience, and whose
competence has been attested by the Board through licensure
as a professional engineer.
§ 54.1-400 of the Code of Virginia
Definitions
Land Surveyor:
"Land surveyor" means a person who, by reason of his
knowledge of the several sciences and of the principles of land
surveying, and of the planning and design of land
developments acquired by practical experience and formal
education, is qualified to engage in the practice of land
surveying, and whose competence has been attested by the
Board through licensure as a land surveyor.
(See § 54.1-408 for Land Surveyor B)
Certified Interior Designer:
"Certified interior designer" means a design professional who
meets the criteria of education, experience, and testing in the
rendering of interior design services established by the Board
through certification as an interior designer.
§ 54.1-400 of the Code of Virginia
Definitions
Certified Landscape Architect:
"Certified landscape architect" means a person who, by reason
of his special knowledge of natural, physical and mathematical
sciences, and the principles and methodology of landscape
architecture and landscape architectural design acquired by
professional education, practical experience, or both, is
qualified to engage in the practice of landscape architecture
and whose competence has been attested by the Board
through certification as a landscape architect.
“Landscape Architect” is also a restricted term pursuant to §
54.1-409.
§ 54.1-400 of the Code of Virginia
Engineering
The "practice of engineering" means any service wherein the principles
and methods of engineering are applied to, but are not necessarily
limited to, the following areas: consultation, investigation, evaluation,
planning and design of public or private utilities, structures, machines,
equipment, processes, transportation systems and work systems,
including responsible administration of construction contracts. The
term “practice of engineering” shall not include the service or
maintenance of existing electrical or mechanical systems.
§ 54.1-400 of the Code of Virginia
Renewal & Reinstatement
• Renewals automatically mailed
to address of record .
• Reinstatement period is
unlimited.
• If a regulant reinstates, it is as if
they never had a gap in
licensure, certification, or
registration.
APELSCIDLA Exemptions…
There are several exemptions contained in law :
• § 54.1-401 exempts certain actions from
licensure (also includes provisions for
incidental work);
• § 54.1-402 exempts certain individuals from
licensure (however, if a regulant performs
such work, they are required to sign and seal
the work); and
• § 54.1-402.1 exempts certain state and local
government employees from licensure
requirements under certain conditions (also
see the provisions of § 54.1-406 D & E).
License Required…
§ 54.1-406 License Required
A. Unless exempted by § 54.1-401, 54.1-402, or 54.1-402.1, a
person shall hold a valid license prior to engaging in the
practice of architecture or engineering which includes design,
consultation, evaluation or analysis and involves proposed or
existing improvements to real property.
B. Unless exempted by § 54.1-402, any person, partnership,
corporation or other entity offering to practice architecture,
engineering, or land surveying without being registered or
licensed in accordance with the provisions of this chapter,
shall be subject to the provisions of § 54.1-111 of this title.
C. Any person, partnership, corporation or other entity which is
not licensed or registered to practice in accordance with this
chapter and which advertises or promotes through the use of
the words "architecture," "engineering" or "land surveying" or
any modification or derivative thereof in its name or
description of its business activity in a manner that indicates
or implies that it practices or offers to practice architecture,
engineering or land surveying as defined in this chapter shall
be subject to the provisions of § 54.1-111.
18VAC10-20-760 Use of Seal
• The application of a professional seal
indicates that the professional has
exercised direct control and personal
supervision over the work to which it is
affixed.
Use of Seal (cont.)
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If the original professional of record is no longer employed by the
regulant or unable to seal the work, that work may be sealed by
another professional, but only after a thorough review of the
work to verify it has been accomplished to the same extent that
would have been exercised if the work had been done under the
direct control and personal supervision of the professional affixing
the seal.
Disciplinary Actions
Total of 12 cases: December 2005 - June 2008
Violations Include:
• Signed/sealed letter on letterhead of unlicensed
engineering company with which he was not
employed.
• Action in Another State – 2.
• Submitted drawings that were unsealed,
unsigned and undated.
• Cheated on NCEES Engineers Exam.
Disciplinary Actions (cont.)
• Entered into an agreement; failed to
complete the jobs required in the
agreement.
• Failed to notify the Board of license
revocation in another state – 2.
• Submitted plans not marked as
“incomplete”, “advance” or “preliminary
work.”
Disciplinary Actions (cont.)
• Felony conviction resulting in revocation in
another state.
• Stamped plans prepared by unlicensed
individual not under his direct control and
personal supervision.
• Placed his seal on work of another regulant in
another state without permission (also, did not
date stamp plans, did not have direct control or
personal supervision of the calculations he
stamped and signed, implied by stamping and
sealing plans that he had a business relationship
where one did not exist).
Disciplinary Actions (cont.)
Sanctions Included:
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Fines ranging from $150 to $3,000
Required continuing education courses
Probation
Banned from PE Examination for a 4-year
period
• Revocation of license
Overview of Continuing
Education
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Who?
What?
Where?
When?
Why?
Overview of Continuing Education
WHO?
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Architects
Professional Engineers
Land Surveyors
Landscape Architects (effective July 2010)
Basically, all licensed professions under the
APELSCIDLA Board.
Overview of Continuing Education
(cont.)
WHAT?
• Section 54.1-404.2 of the Code of Virginia
requires completion of the equivalent of 16
hours per biennium of Board approved
continuing education activities.
• The regulations are drafted broadly to allow
licensees the flexibility to meet continuing
education requirements through a variety of
methods as long as the coursework falls within
the regulation 18VAC10-20-683.C.
Overview of Continuing Education
(cont.)
WHAT?
Reg 18VAC10-20-683.C.1 – CE activities must:
• Be related to the practice of the profession of the license
being renewed.
• Have a clear purpose and objective that will maintain,
improve, or expand the skills and knowledge relevant to
practice.
NOTE: The regulations do not preclude
acceptance of CE from other states or federal
agencies, or for profit or non-profit sponsors, as long as the
requirements of 18VAC10-20-683 are met.
Overview of Continuing Education
(cont.)
WHAT?
• May be in areas related to business practices
such as:
- project management
- risk management
- ethics
NOTE: CE credit hours are valid only during the two year
period prior to license expiration date. There is no
allowance for carry-over of CE credit hours.
Overview of Continuing Education
(cont.)
WHAT?
• Curriculum must be consistent with the
purpose and objective of the CE activity.
• Sponsors must have sufficient resources
to provide the CE activity and provide
documentation of completion to those who
successfully complete the CE activity.
Overview of Continuing Education
(cont.)
WHAT?
• Instructors must be competent in the subject
being taught, either by education or experience.
• Fifty contact minutes shall equal one CE credit
hour.
• For segments less than fifty minutes, the sum of
the segments may be totaled for computation of
CE credit hours for that one CE course or
activity.
Overview of Continuing Education
(cont.)
WHAT?
• One semester credit hour of approved
college credit equals 15 CE credit hours.
• One quarter credit hour of approved
college credit equals 10 CE credit hours.
Overview of Continuing Education
(cont.)
WHAT?
• Self-directed activity must have an assessment by the
sponsor at the conclusion to verify the individual has
achieved the purpose and objective of the activity; credit
will not be awarded if the individual has not passed the
assessment.
• CE credit will not be granted for serving as an officer in
an association or serving on a committee.
• CE credit will not be granted for community service,
“Career Day”, or other lay presentations.
• CE credit will not be granted for authoring papers or
articles for magazines or journals.
Overview of Continuing Education
(cont.)
WHAT?
• Licensee may be granted credit for the
initial development or substantial updating
of a CE activity.
• Credit may be received for the initial
teaching of a course that otherwise meets
the requirements at twice the amount of
credit that students of the course would
receive.
Overview of Continuing Education
(cont.)
WHAT?
• Additional credit for subsequent offerings
of the course or activity with the same
content will not be permitted.
• Licensees will not receive credit for
completing the same CE activity with the
same content more than once during the
license period immediately prior to the
expiration date of the license for renewal.
Overview of Continuing Education
(cont.)
WHAT?
• Licensees will not receive credit for completing the same
CE activity with the same content during the two years
immediately prior to the date of receipt by the Board of a
reinstatement application.
• Only CE activities completed during the license period
immediately prior to the expiration date of the license
shall be acceptable in order to renew.
NOTE: Submission of CE documentation is NOT required for
renewal.
Overview of Continuing Education
(cont.)
WHAT?
• CE activities utilized to satisfy the CE
requirements to renew a license shall be valid
only for that renewal.
• Individuals shall maintain records of completion
of CE activities that comply with the
requirements for three years from the date of
expiration of the license.
• Individuals shall provide documentation of CE to
the Board or its agents upon request.
Overview of Continuing Education
(cont.)
WHAT?
• CE activities used to renew for a
preceding license cycle shall not be
accepted for subsequent renewal or
reinstatement.
• When applying for reinstatement,
evidence of compliance with CE
requirements shall be included with the
reinstatement application package.
Overview of Continuing Education
(cont.)
WHAT?
• CE activities submitted in support of
reinstatement shall not be more than two years
old as of the date a complete reinstatement
application is received by the Board.
• CE activities submitted for reinstatement shall
only be valid for that reinstatement and shall not
be applied towards subsequent renewals or
reinstatements.
Overview of Continuing Education
(cont.)
WHAT?
• The Board may conduct a random audit of
licensees to determine CE compliance.
• Licensees selected for audit shall provide
documentation of all CE utilized to renew
the license within 21 calendar days of
receiving notification of audit.
Overview of Continuing Education
(cont.)
WHAT?
18VAC10-20-687 Exemptions and Waivers
• Board may grant exemptions or waive or reduce
the number of CE activities required in cases of
certified illness or undue hardship.
• Such exemptions, waivers, or reductions shall
not relieve the individual of their obligation to
comply with other requirements of this chapter.
Overview of Continuing Education
(cont.)
WHAT?
18VAC10-20-790 Sanctions
• Board may discipline or sanction, or both,
any license holder who fails to comply or
misrepresents any information pertaining
to CE requirements.
Overview of Continuing Education
(cont.)
WHERE?
• There is no requirement that CE activities must take
place in Virginia.
• There is no requirement that CE activities be in a formal
classroom setting.
• There is no requirement specifically addressing what
types of CE courses or activities must be completed.
Licensees located not only in Virginia but
worldwide have the flexibility to meet CE
requirements in a variety of settings.
Overview of Continuing Education
(cont.)
WHEN?
Continuing Education Regulation 18VAC1020-683 went into effect April 1, 2009;
there is a 12 month delayed enactment
clause. Therefore CE will be required for all
licensees renewing or reinstating on or after
April 1, 2010.
Overview of Continuing Education
(cont.)
WHEN?
• Licensees were notified by the Board in Vol. 25
of its Spring 2006 Newsletter, Dimensions.
• Licensees were again notified by the Board via
postcard mailed US Mail, March 2008.
• Licensees were again notified by the Board in
Vol. 26 of its Fall 2008 Newsletter, Dimensions.
• Licensees were notified by the Board via
postcard mailed US Mail, March 27, 2009.
Overview of Continuing Education
(cont.)
WHEN?
Example: If your license expires April 30, 2010, you must
attest to 16 hours of CE earned between May 1, 2008 and
April 30, 2010.
NOTE: You can not attest to completion of
CE requirements prior to actual completion.
Overview of Continuing Education
(cont.)
WHY?
HB 1054 From the 2006 Session
Will lead to better educated practitioners
thereby increasing the protection of the
health, safety, and welfare of the public.
Did You Know…
• The Board does not have a “retired” or “inactive”
status for licensees.
• Section 54.1-405 of the COV provides regulants
with the ability to use their professional title while
retired.
• You cannot practice with an expired license.
• A license is valid during the life of the holder
unless revoked or suspended by the Board.
• A license holder must register with the Board to
practice in the Commonwealth.
Did You Know…
• If you hold more than one license, you need 16 hours of CE per
license.
• If you hold more than one license and find a CE activity that would
meet the requirements for both licenses, you could count it for both.
However, be mindful the CE activity has to have occurred within the
2 year window for each license.
• CE requirements vary from state to state.
• The Board has no control over what CE activities may be accepted
by other states.
• The Board is not pre-approving or providing CE activities due to the
different professions and specialties within the professions.
• Development, administration, and updating coursework as well as
providing training opportunities would require a significant increase
in fees as the Board is self-funded.
Did You Know…
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There is no CE exemption for licensees living outside of Virginia.
There is no CE exemption for “expert witnesses”.
There is no CE exemption for advanced degrees.
There is no CE exemption for small firms with nominal number of
licensed individuals.
• There is no CE exemption for age or years of practice.
• There is no CE exemption specifically for active military service.
However, the licensee may request Board consideration of an
exemption under “undue hardship” or “certified illness”.
Contacting the Board
APELSCIDLA Board
Department of Professional &
Occupational Regulation
9960 Mayland Dr., Suite 400
Richmond, VA 23233
(804) 367-8506/8512
http://www.dpor.virginia.gov
[email protected]
In Conclusion
The Board recognizes there are different
professions and career paths affected by
this regulation. This is why the Board does
not propose a “one size fits all” solution and
why the regulations are drafted broadly to
allow for flexibility in meeting the
requirements.
Questions, Comments, Thoughts…