Presentation on theme: "Kate Nosbisch, Executive Director Virginia APELSCIDLA Board May 24, 2012."— Presentation transcript:
Kate Nosbisch, Executive Director Virginia APELSCIDLA Board May 24, 2012
APELSCIDLA Board Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers & Landscape Architects
Learning Objectives Brief overview of Board structure & function Brief overview of Board structure & function Staying in compliance (overview of recent violations & sanctions) Staying in compliance (overview of recent violations & sanctions) Address of record requirements Address of record requirements Continuing Education Requirements Continuing Education Requirements Importance of licensure Importance of licensure
Thirteen-member Board Examines, licenses, certifies and regulates Examines, licenses, certifies and regulates Approximately 36,000 Architects, Approximately 36,000 Architects, Professional Engineers, Land Surveyors, Professional Engineers, Land Surveyors, Landscape Architects, Certified Interior Landscape Architects, Certified Interior Designers and related businesses in Designers and related businesses in Virginia Virginia The APELSCIDLA Board
Board Members (§ 54.1- 403 of the Code of Virginia) Architects James R. Boyd Clint Good Michael F. LeMay Professional Engineers John L. Combs Nico De Léon Wiley V. “Bif” Johnson, III (Vice Chair)
Land Surveyors Paul deC. Holt Patrick D. Leary Nancy E. McIntyre Landscape Architects A. Cabell Crowther Andrew M. Scherzer (Chair) Certified Interior Designers Lorri Finn Cameron C. Stiles Board Members (§ 54.1- 403 of the Code of Virginia)
Board Staff Kate Nosbisch, Executive Director Marian Brooks, Board Administrator Justin Garofalo, Board Administrator Amy Goobic, Administrative Assistant LICENSING STAFF : Tonia Burrell Caly Emerson Joan Leonard Ramona Norris Toni Spencer
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
APELSCIDLA Exemptions… There are several exemptions contained in law : § 54.1-401 exempts certain actions from licensure (also includes provisions for incidental work); § 54.1-401 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 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). § 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. 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.54.1-40154.1-40254.1-402.1 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.54.1-40254.1-111 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 § 54.1-111.54.1-111
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.) 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.
Total of 18 cases: Fall 2005 – Spring 2012 Violations Include: Seal with no signature & inaccurate advertising. Seal that did not conform to regulation drawings and did not specify who performed the work. Failure to inform client of association with a business. Failure to notify Board of action in another state – 6. Specs not Architect’s own without written permission. Sketches not marked “incomplete,” “advance” or “preliminary.” – 2 Failure to notify Board of change in address.
Failure to sign, seal or identify plans as “incomplete,” “advance” or “preliminary.” Charged client for time spent obtaining bid from contractor who was not licensed to perform proposed construction. Presented calculations to County official that Architect did not have permission to submit, knowing that they did not have permission. Project SSI submitted seal affixed and signed. Another SSI was submitted by another consultant on project. Architect then made changes to the 2nd SSI without the review of the 2nd preparer. Architect then submitted a 3rd SSI. Signatures, seals were replaced and dates changed without consent. All pages of drawings not sealed, signed and dated. Drawings failed to bear the name of the licensee, firm name and address.
Sanctions Included: Fines ranging from $150 to $1,500 Required continuing education courses License suspension Surrender of license Revocation of license
Overview of Continuing Education 18VAC10-20-683 Architects Professional Engineers Land Surveyors Landscape Architects (effective July 2010)
Overview of Continuing Education 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 regulants 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 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) 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) 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.) Regulant 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) Additional credit for subsequent offerings of the course or activity with the same content will not be permitted. Regulants 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) Regulants 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) 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) 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) 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) The Board may conduct a random audit of regulants to determine CE compliance. Regulants 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) 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) 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) 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. regulants located not only in Virginia but worldwide have the flexibility to meet CE requirements in a variety of settings.
Overview of Continuing Education (cont) Continuing Education Regulation 18VAC10- 20-683 went into effect April 1, 2009; there was a 12 month delayed enactment clause. Therefore CE was required for all regulants renewing or reinstating on or after April 1, 2010.
Overview of Continuing Education (cont) Example: If your license expires April 30, 2012, you must attest to 16 hours of CE earned between May 1, 2010 and April 30, 2012. NOTE: You cannot attest to completion of CE requirements prior to actual completion.
APELSCIDLA CE Audit The first CE Audit is underway - Initial letter was mailed March 27, 2012 to a random sampling of approximately 400 licensees. 70 Architects 270 Engineers 10 Landscape architects 30 Land Surveyors 3 Land Surveyor B 3 Surevyor Photogrammetrists APELSCIDLA CE Audit The first CE Audit is underway - Initial letter was mailed March 27, 2012 to a random sampling of approximately 400 licensees. 70 Architects 270 Engineers 10 Landscape architects 30 Land Surveyors 3 Land Surveyor B 3 Surevyor Photogrammetrists
39 Of the 46 jurisdictions requiring continuing education, 34 require an average of 12 units per year. 12 CEUs 16 CEUs 5 CEUs 8 CEUs 30 CEUs 36 CEUs 20 CEUs 24 CEUs 50 CEUs The Current Requirements
40 Iowa 30 June: A-K even years; L-Z odd years Kansas 30 June: A-L even years; M-Z odd years Nevada 31 December Puerto Rico Every 5 years from date of license New York By birth month New Hampshire Month license was issued The Current Requirements
APELSCIDLA Board Department of Professional & Occupational Regulation 9960 Mayland Dr., Suite 400 Richmond, VA 23233 (804) 367-8506/8512 http://www.dpor.virginia.gov firstname.lastname@example.org