“There are three categories of Professional Engineer licensure available in California: (1) practice act, (2) title act, and (3) title authority. The practice acts are Civil, Electrical, and Mechanical Engineering. Practice act means that only a person appropriately licensed with the Board may practice or offer to practice these branches of engineering. The title acts are Agricultural, Chemical, Control Systems, Fire Protection, Industrial, Metallurgical, Nuclear, Petroleum, and Traffic Engineering. Title act means that only a person licensed by the Board in that branch of engineering may use the title in any manner. The title authorities exist for two sub-branches of Civil Engineering: Structural Engineering and Geotechnical Engineering. A title authority indicates a proficiency in that field greater than what is required for Civil Engineering licensure. Applicants who meet all licensure requirements, including passing the required exam(s), will be issued a license in the branch of engineering for which they applied.”
However, it appears that California does not restrict categorization or titles of architects and landscape architects, except that they must be licensed and registered within the state.
Licensing boards typically issue both licenses and registrations to individual professional engineers, registered architects, and others. What is meant by “license” and “registration” may vary by the jurisdiction issuing the documents, although both are necessary for an individual to practice in that jurisdiction. For example, in New York State, an individual’s license is a diploma-like document issued upon obtaining the status of a registered architect, professional engineer, or other similar status. In contrast, in New York State, an individual’s registration is a document indicating the individual is allowed to practice for the current three-year period and must be renewed every three years. A valid license and current registration are both necessary to practice the subject design profession. In Pennsylvania, the terminology is reversed: a registration is the initial, diploma-like document issued upon the individual’s achieving the status of professional engineer, registered architect, or other, similar status, whereas a license must be renewed every two years. Typically, the appearance of whichever document is to be renewed on a periodic basis is relatively mundane and utilitarian, compared to the initial, diploma-like document.
State laws and regulations governing the design professions typically require that the individual licensee display both their license and registration in a prominent location at their principal place of business. This is to indicate to current and prospective clients, as well as members of the public, that the individual is properly licensed and registered to practice in the subject jurisdiction. This parallels the practice of physicians typically displaying their medical school diploma and medical license prominently in their office in a location visible to their patients and regulatory personnel.
Individual licensure or registration, as applicable, must be periodically renewed, often at intervals of one, two, or three years, depending on the jurisdiction. Such renewals typically require that the individual complete a form, furnished by the licensing board, on which the individual attests, among other things, that they have not been convicted of a felony by a court of competent jurisdiction, and charged with or convicted of professional misconduct by a licensing board in another jurisdiction during the period since their prior renewal, and they have properly completed required continuing education necessary for the renewal. Payment of a renewal fee, which varies by jurisdiction, is also necessary before the individual’s license or registration is renewed. Failure to properly renew one’s license or registration while continuing to practice in that jurisdiction is a serious violation of the associated licensing board’s laws and regulations and subjects the violating individual to substantial risk, as discussed in Part 4 of this series of articles.
Continuing Education
Virtually all state licensing boards governing the design professions require continuing education as a condition of renewal. While the requirements may vary somewhat by jurisdiction, perhaps the most common requirement is for 12 hours of appropriate continuing education per year. Thus, when the renewal period is three years, such as in New York, a total of 36 hours of continuing education must be completed and documented. In Pennsylvania, where the renewal period is two years, a total of 24 hours of continuing education must be completed and documented for renewal of an individual’s license. Requirements for continuing education became relatively common in the early- and mid-2000s. Continuing education requirements are appropriate since the public expects licensed design professionals’ knowledge to be reasonably current, safeguarding the public’s health, safety, and welfare.
Accredited continuing education is available from a variety of sources. Often, presentations at meetings of local societies of design professionals are accredited for continuing education purposes, as are presentations at conferences and seminars attended by significant numbers of design professionals. Online webinars for design professionals, whether presented live or pre-recorded, may be accredited for continuing education appropriate for renewal. In addition, private businesses and governmental entities may be empowered by an accrediting organization such as the American Institute of Architects (AIA) or the International Accreditors for Continuing Education and Training (IACET) to accredit educational programs for a specific extent of continuing education.
IACET is an organization establishing standards for continuing education and training for a variety of professions and purposes, including professional engineering. IACET generally accredits organizations, such as businesses and governmental entities, which demonstrate to IACET compliance with IACET principles and standards. IACET accreditation empowers such organizations to accredit individual educational programs as continuing education suitable for licensure renewal. Thus, for example, a consulting engineering firm that is IACET accredited and complies with IACET’s standards, has the authority to accredit individual educational programs for professional engineering (PE) professional development hours (PDH).
Relative to continuing education for registered architects, AIA’s Continuing Education Service (CES) serves in a capacity similar to IACET. AIA may accredit organizations, businesses, governmental entities, and individuals, who comply with AIA CES standards and practices relative to continuing education, to accredit individual educational programs. In addition, AIA CES also maintains a database of educational programs previously accredited for AIA learning units (LU) and, unlike IACET, offers its own, accredited educational programs. AIA LUs are typically accepted as appropriate continuing education for renewal of an architect’s license or registration, as applicable. While AIA LUs are typically accepted by state architecture licensing boards as continuing education credit, entities other than AIA CES-accredited organizations or individuals may also offer continuing education programs appropriate for renewing an architecture license or registration.
Continuing education providers offering programs accredited for AIA LUs, or PE PDHs, or other appropriate accreditation, typically furnish certification to participants who complete an educational program. However, design professionals should avoid placing excessive faith in such certifications. Simply because an organization issues a certificate for PE PDHs or AIA LUs does not necessarily mean that the continuing education credit claimed will withstand scrutiny by a licensing board’s auditor. Licensing boards can, and do, randomly audit design professionals’ continuing education status. The individual design professional must maintain their own records of the continuing education claimed, as may be necessary in the event of an audit. This writer has occasionally observed continuing education programs, accredited for PE PDHs or AIA LUs, which did not appear appropriate for such accreditation. In such cases, it is up to the individual licensee to determine whether such programs, do, in fact, comply with continuing education requirements of the associated licensing board. While some licensees may desire to seek ironclad assurances from continuing education providers that their AIA LUs and PE PDHs are appropriate, the onus is on the individual licensee to determine whether a given program may be properly claimed as continuing education credit.
Similarly, whether educational programs accredited for AIA LUs can, or should be, claimed as credit for renewing a professional engineering license, and whether programs accredited for PE PDHs should be claimed as continuing education toward renewal of an architecture license, should be carefully considered by the individual licensee. In some jurisdictions, statutes may expressly address this, but in many locations they will not. Therefore, the individual licensee must consider whether a program accredited for another design profession will be defensible in the event of a licensing board audit.
Reciprocity, Deactivation, and Emeritus Status
An individual licensed and registered in one jurisdiction is often able to obtain licensure in another jurisdiction by a process known as "comity" or “reciprocity”. Under this concept, an applicant for licensure is typically not required to take and pass the licensing exam in the new jurisdiction, although completion of application forms documenting appropriate experience are usually necessary. Jurisdictions that are seismically active, such as California, may require applicants for licensure via comity take and pass an examination relative to elements of seismic design. Applications for licensure by reciprocity can be made directly through the associated licensing board. Alternatively, an applicant may create a file of their professional experience through either NCARB or NCEES, which may facilitate licensure, especially when an individual desires to become licensed in multiple jurisdictions.
A licensee may allow their renewable license or registration, as applicable, to become inactive, especially when they will not practice in that jurisdiction for an extended period. Deactivating a license or registration typically requires appropriate notice with the governing licensing board. In addition, some licensing boards may be empowered to grant the honorary status of “Emeritus” to a licensee in good standing who has retired from the active practice of the subject design profession. Some jurisdictions may allow for temporary licensure of an individual for a single assignment or project of specific duration within the jurisdiction, although such authorization requires the completion of appropriate forms and approval by the licensing board.
Licensing of Design Firms
In some states, licensing boards governing the design professions also license consulting firms engaged in the practice of architecture, professional engineering, and other design disciplines. These licenses, which may be called Certificates of Authorization or Certificates of Authority, are separate and distinct from other authorizations and requirements for a business entity to operate in a given jurisdiction. Design firm licenses must be renewed periodically, typically every one or two years. In some jurisdictions, it may be necessary to license each office of the design firm within that jurisdiction. Licensing of both the firm and the individuals serving in responsible charge are necessary regardless of whether or not the firm maintains a physical office in a certain jurisdiction where it practices. Firm and office licensure statutes often require designation of the specific, appropriately licensed individuals responsible for managing the firm’s practice of the subject design profession. This may include the individuals empowered to authorize others to serve in responsible charge.
Some jurisdictions, including New York, Michigan, the District of Columbia, North Carolina, and Puerto Rico, have statutes governing design firm names in that jurisdiction, where the firm’s name must be separate and distinct from the firm’s operating name in other jurisdictions, such as, “XYZ Architects & Engineers of North Carolina, LLC”.
Many other statutory considerations apply to a design firm’s ability to practice in a given jurisdiction which are not addressed in this article. Proprietors of design firms should be familiar with the laws and regulations governing the practice of their business and profession and should consult with qualified legal counsel when necessary.
Conclusions
Design professionals require both registration and licensure in each jurisdiction where they practice. Although the terminology may differ by jurisdiction, “licensure” needs to be renewed every one, two, or three years for individuals and, typically, every one or two years for design firms. Licensing boards issue licenses and registrations and have sole authority for their renewal. Continuing education of an appropriate nature, together with necessary documentation, is required for licensure renewal. The onus is on the licensee to claim as continuing education only appropriate, accredited programs. Boards issue licenses to both individuals and design firms, and each is necessary for practicing in a jurisdiction, regardless of whether the individual or firm is physically located in the same jurisdiction as the project. Practicing without a current, valid license and registration is a serious matter with significant consequences.
The forthcoming final installment in this series will be: Part 4 - Enforcement.
Acknowledgments: The author gratefully acknowledges the assistance of the following, who kindly reviewed and commented on drafts of this article: Jerry Cavaluzzi, Esq, of Westchester County, NY, who is Chief Risk Officer and General Counsel for Kennedy/Jenks Consultants, Inc.; and James K. Lowe, Jr., Esq., P.E. (VA, emeritus), who has more than 45 years’ experience in the A/E industry. The author is solely responsible for the content of this article.
Original text Copyright 2024 by Kevin O’Beirne
The content of this blog post is by the author alone and should not be attributed to any other individual or entity.
The author of this blog post is not an attorney and nothing in this blog post constitutes legal advice. Readers in need of legal advice should consult with a qualified, experienced attorney.
Kevin O’Beirne, PE, FCSI, CCS, CCCA is a professional engineer licensed in NY and PA with over 35 years of experience designing and constructing water and wastewater infrastructure for public and private clients. He is the engineering specifications manager for a global engineering and architecture design firm. He has been a member of various CSI national committees and is the certification chair of CSI’s Buffalo-Western New York Chapter. He is an ACEC voting delegate in the Engineers Joint Contract Documents Committee (EJCDC) and lives and works in the Buffalo, NY, area. Kevin O’Beirne’s LinkedIn page.