714             1997 Session Laws of Kansas             Ch. 128

An Act concerning the practice of geology; providing for licensure and regulation as a
technical profession; amending K.S.A. 74-7005 and 74-7006 and K.S.A. 1996 Supp.
74-7003 and 74-7013 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 74-7003 is hereby amended to read as
follows: 74-7003. As used in this act:

(a) ``Technical professions'' includes the professions of engineering,
land surveying, architecture and, landscape architecture and geology as
the practice of such professions are defined in this act.

(b) ``Board'' means the state board of technical professions.

(c) ``License'' means a license to practice the technical professions
granted under this act.

(d) ``Architect'' means a person whose practice consists of:

(1) Rendering services or performing creative work which requires
architectural education, training and experience, including services and
work such as consultation, evaluation, planning, providing preliminary

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studies and designs, overall interior and exterior building design, the
preparation of drawings, specifications and related documents, all in con-
nection with the construction or erection of any private or public building,
building project or integral part or parts of buildings or of any additions
or alterations thereto, or other services and instruments of services related
to architecture;

(2) representation in connection with contracts entered into between
clients and others; and

(3) observing the construction, alteration and erection of buildings.

(e) ``Practice of architecture'' means the rendering of or offering to
render certain services, as described in subsection (d), in connection with
the design and construction or alterations and additions of a building or
buildings; the design and construction of items relating to building code
requirements, as they pertain to architecture, and other building related
features affecting the public's health, safety and welfare; the preparation
and certification of any architectural design features that are required on
plats; and the teaching of architecture by a licensed architect in a college
or university offering an approved architecture curriculum of four years
or more.

(f) ``Landscape architect'' means a person who is professionally qual-
ified as provided in this act to engage in the practice of landscape archi-
tecture, who practices landscape architecture and who is licensed by the
board.

(g) ``Practice of landscape architecture'' means the performing of pro-
fessional services such as consultation, planning, designing or responsible
supervision in connection with the development of land areas for pres-
ervation and enhancement; the designing of land forms and nonhabitable
structures for aesthetic and functional purposes such as pools, walls and
structures for outdoor living spaces for public and private use; the prep-
aration and certification of any landscape architectural design features
that are required on plats; and the teaching of landscape architecture by
a licensed landscape architect in a college or university offering an ap-
proved landscape architecture curriculum of four years or more. It en-
compasses the determination of proper land use as it pertains to: Natural
features; ground cover, use, nomenclature and arrangement of plant ma-
terial adapted to soils and climate; naturalistic and aesthetic values; set-
tings and approaches to structures and other improvements; soil conser-
vation erosion control; drainage and grading; and the development of
outdoor space in accordance with ideals of human use and enjoyment.

(h) ``Professional engineer'' means a person who is qualified to prac-
tice engineering by reason of special knowledge and use of the mathe-
matical, physical and engineering sciences and the principles and methods
of engineering analysis and design, acquired by engineering education
and engineering experience, who is qualified as provided in this act to
engage in the practice of engineering and who is licensed by the board.

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(i) ``Practice of engineering'' means any service or creative work, the
adequate performance of which requires engineering education, training
and experience in the application of special knowledge of the mathemat-
ical, physical and engineering sciences to such services or creative work
as consultation, investigation, evaluation, planning and design of engi-
neering works and systems, the teaching of engineering by a licensed
professional engineer in a college or university offering an approved en-
gineering curriculum of four years or more, engineering surveys and stud-
ies, the observation of construction for the purpose of assuring compli-
ance with drawings and specifications, representation in connection with
contracts entered into between clients and others and the preparation
and certification of any engineering design features that are required on
plats; any of which embraces such service or work, either public or private,
for any utilities, structures, buildings, machines, equipment, processes,
work systems, projects and industrial or consumer products or equipment
of a mechanical, electrical, hydraulic, pneumatic or thermal nature, in-
sofar as they involve safeguarding life, health or property. As used in this
subsection, ``engineering surveys'' includes all survey activities required
to support the sound conception, planning, design, construction, main-
tenance and operation of engineered projects, but excludes the surveying
of real property for the establishment of land boundaries, rights-of-way,
easements and the dependent or independent surveys or resurveys of the
public land survey system.

(j) ``Land surveyor'' means any person who is engaged in the practice
of land surveying as provided in this act and who is licensed by the board.

(k) ``Practice of land surveying'' includes:

(1) The performance of any professional service, the adequate per-
formance of which involves the application of special knowledge and ex-
perience in the principles of mathematics, the related physical and ap-
plied sciences, the relevant requirements of law and the methods of
surveying measurements in measuring and locating of lines, angles, ele-
vation of natural and man-made features in the air, on the surface of the
earth, within underground workings and on the bed of bodies of water
for the purpose of determining areas, volumes and monumentation of
property boundaries;

(2) the preparation of plats of land and subdivisions thereof, including
the topography, rights-of-way, easements and any other boundaries that
affect rights to or interests in land, but excluding features requiring en-
gineering or architectural design;

(3) the preparation of the original descriptions of real property for
the conveyance of or recording thereof and the preparation of maps, plats
and field note records that represent these surveys;

(4) the reestablishing of missing government section corners in ac-
cordance with government surveys; and

(5) the teaching of land surveying by a licensed land surveyor in a

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college or university offering an approved land surveying curriculum of
four years or more.

(l) ``Person'' means a natural person, firm, corporation or partnership.

(m) ``Plat'' means a diagram drawn to scale showing all essential data
pertaining to the boundaries and subdivisions of a tract of land, as deter-
mined by survey or protraction. A plat should show all data required for
a complete and accurate description of the land which it delineates, in-
cluding the bearings (or azimuths) and lengths of the boundaries of each
subdivision.

(n) ``Geologist'' means a person who is qualified to engage in the prac-
tice of geology by reason of knowledge of geology, mathematics and the
supporting physical and life sciences, acquired by education and practical
experience, who is qualified as provided in this act to engage in the prac-
tice of geology and who is licensed by the board.

(o) ``Practice of geology'' means:

(1) The performing of professional services such as consultation, in-
vestigation, evaluation, planning or mapping, or inspection, or the re-
sponsible supervision thereof, in connection with the treatment of the
earth and its origin and history, in general; the investigation of the earth's
constituent rocks, minerals, solids, fluids including surface and under-
ground waters, gases and other materials; and the study of the natural
agents, forces and processes which cause changes in the earth;

(2) the teaching of geology by a licensed professional geologist in a
college or university offering an approved geology curriculum of four
years or more by a person who meets the qualifications for education and
experience prescribed by section 5 and amendments thereto; or

(3) representation in connection with contracts entered into between
clients and others and the preparation and certification of geological in-
formation in reports and on maps insofar as it involves safeguarding life,
health or property.

Sec. 2. K.S.A. 74-7005 is hereby amended to read as follows: 74-
7005. (a) Membership of the board shall be as follows:

(1) Four members shall have been engaged in the practice of engi-
neering for at least eight years and shall be licensed engineers. At least
one of such members shall be engaged in private practice as an engineer.
At least one of such members shall also be licensed as a land surveyor, as
well as a licensed engineer.

(2) Two members shall have been engaged in the practice of land
surveying for at least eight years and shall be licensed land surveyors.

(3) Three members shall be licensed architects of recognized stand-
ing and shall have been engaged in the practice of the profession of ar-
chitecture for at least eight years, which practice shall include responsible
charge of architectural work as principal.

(4) One member shall be a licensed landscape architect and shall have

718             1997 Session Laws of Kansas             Ch. 128

been engaged in the practice of landscape architecture for at least eight
years, which practice shall include responsible charge of landscape ar-
chitectural work as principal.

(5) One member shall be engaged in the practice of geology, shall have
been engaged in the practice of geology for at least eight years and, on
and after July 1, 2000, shall be a licensed geologist.

(6) Three Two members shall be from the general public of this state.

(b) Each member of the board shall be a citizen of the United States
and a resident of this state.

(c) The amendments to this section shall not be applicable to any
member of the board who was appointed to the board and qualified for
such appointment under this section prior to the effective date of this act.

Sec. 3. K.S.A. 74-7006 is hereby amended to read as follows: 74-
7006. (a) Whenever a vacancy shall occur occurs in the membership of
the board by reason of the expiration of a term of office, the governor
shall appoint a successor of like qualifications. All appointments shall be
for a term terms of four years, but no member shall be appointed for
more than three successive four-year terms. The term of each member
first appointed after January 1, 1993, for the purpose of computing the
length of the term of such member, shall commence on the first calendar
day subsequent to the day of expiration of the preceding term, regardless
of when the appointment is made, and shall end on June 30 of the fourth
year of the member's term for those members whose terms commence
on July 1, or on June 30 following the third full year of the member's
term for those members whose terms commence on January 1. There-
after, for the purpose of computing the length of term of a member of
the board,

(b) The terms of members appointed to the board shall commence
on the July 1 immediately following the day of expiration of the preceding
term, regardless of when the appointment is made, and shall expire on
June 30 of the fourth year of the member's term.

(c) Each member shall serve until a successor is appointed and qual-
ified. Whenever a vacancy shall occur in the membership of the board
for any reason other than the expiration of a member's term of office, the
governor shall appoint a successor of like qualifications to fill the unex-
pired term.

(d) The governor may remove any member of the board for miscon-
duct, incompetency, neglect of duty, or for any other sufficient cause.

Sec. 4. K.S.A. 1996 Supp. 74-7013 is hereby amended to read as
follows: 74-7013. (a) The board may adopt all bylaws and rules and reg-
ulations, including rules of professional conduct, which are necessary for
performance of its powers, duties and functions in the administration of
this act.

(b) The board may, through rules and regulations, may adopt, en-

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force, and audit mandatory continuing education as a condition for license
renewal or reinstatement for each of the technical professions as deter-
mined by the board.

(c) it shall be It is the responsibility of the member or members of
the board who hold a license to practice the profession for which an
applicant seeks to be licensed, to provide and have graded any examina-
tion required by this act to be taken by such applicant.

New Sec. 5. Minimum qualifications of applicants seeking licensure
as geologists are the following:

(a) Graduation from a course of study in geology, or from a program
which is of four or more years' duration and which includes at least 30
semester or 45 quarter hours of credit with a major in geology or a geology
specialty, that is adequate in its preparation of students for the practice
of geology;

(b) proof of at least four years of experience in geology of a character
satisfactory to the board, as defined by rules and regulations of the board;
and

(c) the satisfactory passage of such examinations in the fundamentals
of geology and in geologic practice as utilized by the board.

New Sec. 6. The provisions of this act requiring licensure or the is-
suance of a certificate of authorization under K.S.A. 74-7036 and amend-
ments thereto to engage in the practice of geology shall not be construed
to prevent or to affect:

(a) The practice of geology by any person before July 1, 2000.

(b) The practice of geology which is exclusively in the exploration for
and development of energy resources and economic minerals and which
does not affect the public health, safety and welfare, as determined by
the board.

(c) The acquisition of engineering data, geologic data for engineering
purposes and the utilization of such data by licensed professional engi-
neers.

(d) Performance of work customarily performed by graduate physical
or natural scientists.

(e) The teaching of geology in a college or university offering an ap-
proved geology curriculum.

New Sec. 7. (a) Subject to the provisions of subsection (b), a person
who applies for licensure as a geologist before July 1, 2000, shall be con-
sidered to be qualified for licensure, without further written examination,
if the person has:

(1) Experience consisting of a minimum of four years of professional
practice in geology in Kansas or a specialty thereof, of a character ac-
ceptable to the board; and

(2) (A) graduated from an accredited institution of higher education

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with a bachelor of science or bachelor of arts or higher degree, with a
major in geology; or

(B) graduated from an accredited institution of higher education in
a four-year academic degree program other than geology, but with 30
semester hours or 45 quarter hours of credit in geology.

(b) A person who meets the qualifications of subsection (a), in the
discretion of the board, may be required to take and pass an examination
as required by this act if the person is not engaged in the practice of
geology on July 1, 1999, and has not engaged in the practice of geology
for at least four of the eight years immediately preceding July 1, 1999.

New Sec. 8. (a) On or before September 30, 1997, the chairperson
of the board shall appoint a geologist licensure committee. The commit-
tee shall be composed of: (1) Two members of the board, one of which
shall be designated as the chairperson of the committee; and (2) three
geologists recognized by the state geological society, the Kansas chapter
of the American association of petroleum geologists or the American in-
stitute of professional geologists.

(b) The committee shall develop policies and procedures, review con-
tinuing education requirements, establish recommendations relative to
NAFTA, establish and review recommended examinations, recommend
fees, establish experience criteria and any other recommendations con-
cerning the licensure of geologists. Such report shall include recommen-
dations for legislation, if necessary, and proposed rules and regulations.

(c) On or before July 1, 1998, the committee shall prepare and pres-
ent to the executive committee of the board a preliminary draft of rec-
ommendations developed pursuant to subsection (b). The executive com-
mittee shall review and comment on the preliminary draft of
recommendations.

(d) On or before October 1, 1998, the geologist licensure committee
shall present to the board a final report of its recommendations developed
pursuant to subsection (b).

New Sec. 9. (a) On or before July 1, 1999, the board shall begin to
accept applications for licensure as a geologist.

(b) On or before July 1, 2000, the board shall begin to issue licenses
to engage in the practice of geology to applicants therefor if such appli-
cants comply with the requirements of the provisions of this act and any
rules and regulations adopted pursuant thereto by the board.

Sec. 10. K.S.A. 74-7005 and 74-7006 and K.S.A. 1996 Supp. 74-7003
and 74-7013 are hereby repealed.

Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 24, 1997.