Transcription

STATE OF MICHIGANDEPARTMENT OF LICENSING AND REGULATORY AFFAIRSLANSINGGRETCHEN WHITMERGOVERNORORLENE HAWKSDIRECTORMICHIGAN BOARD OF PROFESSIONAL ENGINEERSRULES COMMITTEE WORK GROUPMEETINGMINUTESJUNE 8, 2021The Michigan Board of Professional Engineers Rules Committee Work Group met onJune 8, 2021. The meeting was held via Zoom.CALL TO ORDERWeston MacIntosh, Senior Policy Analyst, Boards and Committees Section, called themeeting to order at 2:30 p.m.ATTENDANCEMembers Present:Dima S. El-Gamal, Ph.D. PE, LEEDAPNancy M. McClain, PEDeveron Q. Sanders, PESteven Warren, PEMembers Absent:NoneStaff Present:Weston MacIntosh, Senior Policy Analyst, Boards and Committees SectionKim Moore, Department Technician, Licensing DivisionStephanie Wysack, Board Support, Boards and Committees SectionPublic Present:James C. McLaughlin – Kettering UniversityWELCOMEMacIntosh explained that the purpose of the Work Group meetings was to allow the publicto comment earlier in the process. He explained the steps in promulgating theadministrative rules.BUREAU OF PROFESSIONAL LICENSING611 W. OTTAWA P.O. BOX 30670 LANSING, MICHIGAN 48909www.michigan.gov/bpl 517-241-0199LARA is an equal opportunity employer/program

Michigan Board of Professional EngineersRules Committee Work Group Meeting MinutesJune 8, 2021Page 2 of 4RULES DISCUSSION – Professional Engineers – General Rules (A copy of the draft,pursuant to today’s discussion, is attached).R 339.16001 Definitions.Subdivision (1)(a): MacIntosh stated that “act” was removed and replaced with “code”to be consistent with other rule sets.The Rules Committee agreed with the language as presented.R 339.16021 Educational requirement.MacIntosh stated that clarifying language was added.Subdivisions (c)(i)(B)(ii) and (iii): Sanders asked if these two subdivisions overlappedas many courses could fall into either area.Moore stated that they were individual requirements, and that the language was writtento match requirements set by the National Council of Examiners for Engineering(NCEES).Discussion was held.Moore suggested adding “basic” before “science” in subdivision (ii) to be more specificand differentiate it from subrule (iii).The Rules Committee agreed with the suggested change.R 339.16022 Professional engineering experience; credit for work experience;credit for educational experience.MacIntosh stated that clarifying language was added.The Rules Committee agreed with the language as presented.R 339.16025 Relicensure requirements.MacIntosh stated that clarifying language was added.The Rules Committee agreed with the language as presented.R 339.16026 Examination requirements.MacIntosh stated that clarifying language was added.

Michigan Board of Professional EngineersRules Committee Work Group Meeting MinutesJune 8, 2021Page 3 of 4Subdivision (a)(ii): Moore asked why both components of the NCEES StructuralEngineering examination were required. This makes the examination twice as long as theNCEES Principals and Practice of Engineering examination required under subdivision(i). She questioned why each individual part would not be equivalent.MacIntosh suggested removing subdivision (ii) and only requiring the examination undersubdivision (i) for licensure.Sanders stated that requiring the NCEES Principals and Practice of Engineeringexamination only would be sufficient as licensure in Michigan is not discipline specific,showing a need for the NCEES Structural Engineering examination.Warren stated that leaving the rule as is would work, as the structural examination issimply another helpful path and option.The Rules Committee agreed to leave the rule as written.R 339.16031 Professional conduct; requirements; restrictions.MacIntosh stated that clarifying language was added.The Rules Committee agreed with the language as presented.R 339.16032 Professional engineer seal.MacIntosh stated that clarifying language was added.Subrule (1): Moore stated that the use of “full name” has been confusing to licensees asto what it required.MacIntosh stated that the statute does not use “full” so that can be removed.The Rules Committee agreed with removing “full” from before “name.”Moore suggested adding “10-digit” in front of “license number” for clarification.McClain suggested using “full” instead.The Rules Committee agreed to insert “full” in front of “license number.”R 339.16040 Continuing education required for renewal; certification ofcompliance; document retention; continuing education waiver.MacIntosh stated that clarifying language was added.The Rules Committee agreed with the language as presented.

Michigan Board of Professional EngineersRules Committee Work Group Meeting MinutesJune 8, 2021Page 4 of 4McLaughlin stated that the rule, as currently written, was geared towards civil engineersand it is difficult for those in academia and non-traditional engineers to meet. He wouldlike a rule written for peer reviewed journal review and a written summary from thelicensee as to how that knowledge could be applied to the licensee’s work/profession.MacIntosh asked McLaughlin to put together wording for the options he was considering,so that the Rules Committee could review it.McLaughlin stated that he would collaborate with his colleagues on something but therewas language he sent to the Department recently that might work. MacIntosh read thelanguage.Moore suggested that the language could be added to subdivision (1)(e).MacIntosh will work on adding proposed language and have it available for review at thenext Rules Committee Work Group meeting.McLaughlin asked about lowering the required number of continuing education hours.MacIntosh provided the requirements in other states and indicated that Michigan wasright in the middle.ADJOURNMENTMacIntosh stated that another Rules Committee meeting would be scheduled to reviewwhat was gone over today.MacIntosh adjourned the meeting at 4:12 p.m.Prepared by:Stephanie Wysack, Board SupportBureau of Professional LicensingJune 16, 2021

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRSDIRECTOR’S OFFICEPROFESSIONAL ENGINEERS – GENERAL RULESFiled with the secretary of state onThese rules take effect immediately upon filing with the secretary of state unless adoptedunder section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections becomeeffective 7 days after filing with the secretary of state.(By authority conferred on the board of professional engineers by section 308 of theoccupational code, 1980 PA 299, MCL 339.308; and on the director of the department oflicensing and regulatory affairs by sections 205 and 2009 of the occupational code, 1980PA 299, MCL 339.205 and 339.2009; and Executive Reorganization Order Nos. 1991-9,1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)R 339.16001, R 339.16021, R 339.16022, R 339.16025, R 339.16026, R 339.16031, R339.16032, R 339.16040, and R 339.16041 of the Michigan Administrative Code areamended as follows:PART 1. GENERAL PROVISIONSR 339.16001 Definitions.Rule 1. (1) As used in these rules:(a) “Act” means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.(b) (a) “Board” means the Michigan board of professional engineers created undersection 2002 of the act, code, MCL 339.2002.(b) “Code” means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.(c) “Continuing education” means an instructional course or activity designed to bringlicensees up to date on a particular area of knowledge or skills relevant to a licensee’sarea of professional practice.(d) “Course” means any qualifying activity with a clear purpose and objective goalthat will maintain, keep, improve, or expand the skills and knowledge relevant to thelicensee’s area of professional practice.(e) “Department” means the Michigan department of licensing and regulatory affairs.(2) Terms A term defined in the act have code has the same meanings meaning whenused in these rules.PART 2. LICENSUREJune 8, 2021

2R 339.16021 Educational requirement.Rule 21. An applicant for licensure shall submit provide to the department 1 of thefollowing to satisfy the educational requirement under the act: code:(a) Transcripts verifying that he or she the applicant received a baccalaureate degreeor higher degree in engineering from a program accredited by the EngineeringAccreditation Commission of the Accreditation Board for Engineering and Technology,Inc. (EAC/ABET) or the Canadian Engineering Accreditation Board (CEAB).(b) Transcripts verifying that he or she the applicant received a master’s degree ordoctorate in engineering from a school and program with an EAC/ABET-accredited or aCEAB-accredited baccalaureate degree program that is in the same engineering disciplineas his or her the applicant’s master's degree or doctorate.(c) A credentials evaluation from the National Council of Examiners for Engineeringand Surveying (NCEES) that verifies all of the following:(i) The applicant for licensure received either of the following:(A) A baccalaureate degree in engineering from a non-United States-basedprogram.(B) A master’s degree or doctorate in engineering from a non-EAC/ABETaccredited program.(ii) The applicant for licensure completed not less than 32 college semester credithours in the areas of mathematics and basic science.(iii) The applicant for licensure completed not less than 48 college semester credithours in engineering science or engineering design courses that satisfy the courserequirements established under the NCEES Engineering Education Standard.(d) A credentials evaluation that verifies he or she the applicant received abaccalaureate degree in engineering from an educational program that is substantiallyequivalent to an EAC/ABET-accredited baccalaureate degree program in engineering.The credentials evaluation must be generated by a company that is a current member ofthe National Association of Credential Evaluation Services (NACES).R 339.16022 Professional engineering experience; credit for work experience; credit foreducational experience.Rule 22. (1) Pursuant to Under section 2004(2)(a) of the act, code, MCL339.2004(2)(a), an applicant for professional engineer licensure shall document at least 8years of professional experience in engineering work, including not more than 5 years ofeducation granted under subrule (4) of this rule. An applicant shall satisfy therequirements of this rule to receive credit for professional experience.(2) An applicant for licensure shall submit provide either of the following to thedepartment to receive credit for professional experience in engineering work:(a) Proof acceptable to the department verifying that he or she the applicant hasobtained not less than 4 years of experience practicing as a licensed or registeredprofessional engineer in another state.(b) All of the following:(i) The dates of performing engineering work that qualifies as professionalexperience under subrule (3) of this rule.

3(ii) The supervising individual’s name and license or registration number and thestate in which the supervising individual is licensed or registered as a professionalengineer.(iii) Documentation from the supervising individual attesting to the work experience,dates of work, and supervision.(3) Engineering work that satisfies all of the following requirements qualifies asprofessional experience:(a) The work involves the use of engineering principles and data.(b) The work is in the form of consultation, investigation, evaluation, planning,design, or review of materials or completed phases of work in the construction, alteration,or repair in connection with a public or private utility, structure, building, machine,equipment, process, work, or project.(c) The work is performed while under the direction of a professional engineerlicensed in Michigan or licensed or registered in another state.(4) The department shall grant not more than 5 years of professional experience creditto an applicant holding a degree that satisfies the requirements under R 339.16021. Creditshall be limited to the following amounts:(a) Not more than 4 years of professional experience for a baccalaureate degree inengineering. Experience shall be granted for only 1 baccalaureate degree.(b) Not more than 1 year of professional experience for a post-baccalaureate degree inengineering. Experience shall be granted for only 1 post-baccalaureate degree.R 339.16025 Relicensure requirements.Rule 25. (1) An applicant whose license has lapsed for less than 3 years after theexpiration date of the last license may be relicensed under section 411(3) of the act, code,MCL 339.411(3), by satisfying all of the following requirements:(a) Submitting Providing a completed application on a form provided by thedepartment.(b) Paying the required fee to the department.(c) Submitting Providing proof to the department verifying that he or she theapplicant has completed 15 hours of continuing education in activities approved under R339.16041 during the 12 months immediately preceding the date of filing the relicensureapplication. If the department determines that the amount of continuing education hourssubmitted provided with the application is deficient, the applicant has 1 year from thedate of filing the application to provide proof of completing the deficient hours.(2) An applicant whose license has lapsed for 3 years or more after the expiration dateof the last license may be relicensed under section 411(4) of the act, code, MCL339.411(4), by satisfying all of the following requirements:(a) Submitting Providing a completed application on a form provided by thedepartment.(b) Paying the required fee to the department.(c) Establishing that he or she the applicant has met all of the requirements for initiallicensure under the act code and these rules.(d) Submitting Providing proof to the department verifying that he or she theapplicant has completed 30 hours of continuing education in activities approved under R

4339.16041 during the 24 months immediately preceding the date of filing the relicensureapplication. If the department determines that the amount of continuing education hourssubmitted provided with the application is deficient, the applicant has 1 year from thedate of filing the application to provide proof of completing the deficient hours.R 339.16026 Examination requirements.Rule 26. An applicant for professional engineer licensure shall submit provide to thedepartment both of the following to satisfy the examination requirements under the act:code:(a) Verification that he or she the applicant achieved a passing score as determinedby NCEES on either of the following examinations:(i) The NCEES Principals and Practice of Engineering examination.(ii) Both components of the NCEES Structural Engineering examination, known asSE-I and SE-II.(b) Verification of either of the following:(i) He or she The applicant achieved a passing score as determined by NCEES onthe NCEES Fundamentals of Engineering examination.(ii) He or she The applicant received a doctorate in engineering from a school andprogram with an EAC/ABET-accredited or a CEAB-accredited baccalaureate degreeprogram that is in the same engineering discipline as his or her the applicant’s doctoratein engineering.PART 3. STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCTR 339.16031 Professional conduct; requirements; restrictions.Rule 31. (1) A licensee shall comply with follow all of the rules of conduct under thispart.(2) A licensee shall do all of the following:(a) If he or she the licensee is the person in responsible charge, he or she the licenseeshall notify his or her the licensee’s employer or client, and any other appropriateauthority when his or her the licensee’s judgment is overruled under circumstances thatendanger life or property.(b) If he or she the licensee is not the person in responsible charge, he or she thelicensee shall notify the person in responsible charge when his or her the licensee’sjudgment is overruled under circumstances that endanger life or property.(c) Participate in phases of a project in which he or she the licensee is competent.(d) Undertake assignments in which he or she the licensee is qualified by education orexperience in the specific technical field involved.(e) Complete, sign, seal, or approve engineering documents that conform with the lawand applicable professional standards.(f) Be objective and truthful in professional reports, statements, or testimony andinclude all relevant and pertinent information in these reports, statements, or testimony.

5(g) Disclose to an employer, client, or public body on which he or she the licenseeserves all known or potential conflicts of interest that could influence or appear toinfluence his or her the licensee’s judgment or the quality of his or her the licensee’sservices.(3) A licensee shall not do any of the following:(a) Disclose confidential information obtained in a professional capacity without theprior consent of the client or employer, unless authorized or required by law or theserules.(b) Partner, practice, or offer to practice with any person or firm or assist any personor firm that he or she the licensee knows is engaged in fraudulent or dishonest businessor professional practices or the unlawful practice of professional engineering.(c) Falsify his or her the licensee’s qualifications or the qualifications of his or her thelicensee’s associates or permit misrepresentations of his or her the licensee’squalifications or the qualifications of his or her the licensee’s associates.(d) Misrepresent or exaggerate his or her the licensee’s experience or qualifications.(e) Knowingly make statements containing a material misrepresentation of fact oromitting a material fact or knowingly make statements that deceive the public.(f) Attempt to injure, maliciously or falsely, directly or indirectly, the professionalreputation, prospects, practice, or employment of other licensed professional engineers.(g) Give or offer to give, directly or indirectly, to a client, potential client, the agent ofa client, or the agent of a potential client, a commission, contribution, gift, or othervaluable consideration to secure or retain engineering work. This restriction does notinclude payments to an employment agency for securing employment or employees forsalaried positions.(h) Solicit or accept a compensation, contribution, gift, or other valuableconsideration, directly or indirectly, from more than 1 party for services on the sameproject, or for services pertaining to the same project, unless the circumstances are fullydisclosed and agreed to by all interested parties.(i) Solicit or accept a commission, contribution, gift, or other valuable consideration,directly or indirectly, from other parties dealing with his or her the licensee’s clients oremployers, or from outside agents who have no dealings with his or her the licensee’sclient or employer, in connection with the work for which he or she the licensee isresponsible, unless the circumstances are fully disclosed and agreed to by all interestedparties.(j) Solicit or accept a commission, contribution, gift, or other valuable consideration,directly or indirectly, under circumstances in which when his or her the licensee’sjudgment may be compromised.(k) Complete, sign, seal, or approve engineering documents that do not conform withthe law or applicable professional standards.(4) Work for which the licensee is responsible, the procedures followed, and thedecisions made by persons under the licensee's supervision must be subject to sustainedreview and approval by the licensee.R 339.16032 Professional engineer seal.

6Rule 32. (1) Effective 2 years after the promulgation of this rule, the seal of aprofessional engineer must include the licensee’s full name and full license number, asshown on his or her the licensee’s state-issued professional engineer license, and indicate“State of Michigan” and “Licensed Professional Engineer” in the legend surrounding theseal. The seal must have a design substantially similar equivalent to figure 32 below.(2) A licensee's seal shall be used by the licensee whose name appears on the seal for aslong as the license remains still is in effect. A licensee is responsible for the security ofhis or her the licensee’s seal.FIGURE 32PART 4. LICENSE RENEWAL AND CONTINUING EDUCATIONR 339.16040 Continuing education required for renewal; certification of compliance;document retention; continuing education waiver.Rule 40. (1) An applicant for license renewal who has been licensed during the 2-yearperiod immediately preceding the expiration date of the license shall obtain not less than30 hours of continuing education in activities approved under R 339.16041 during the 2year period immediately preceding the expiration date of the license.(2) Submission of an application for renewal constitutes the applicant’s certification ofcompliance with this rule and R 339.16041.(3) A licensee shall retain keep documentation of satisfying the requirements of thisrule and R 339.16041 for a period of 4 years from the date of filing the application forlicense renewal.(4) A licensee is subject to audit under this part and may be required have to submitprovide documentation as described by R 339.16041 upon request of the department.(5) A request for a continuing education waiver pursuant to under section 204(2) of theact, code, MCL 339.204(2), must be received by the department before the expirationdate of the license.R 339.16041 Acceptable continuing education; limitations.Rule 41. (1) The department shall grant credit for in-person or online continuingeducation hours that satisfy the requirements in the following chart:

7ActivityCode(a)Activity and Proof RequiredCompleting a continuing education programor activity related to professional engineeringthat is approved or offered for continuingeducation credit by any of the following: (b)(c)(d)Number of ContinuingEducation Hours Grantedfor ActivityThe number of continuingeducation hours approvedby the approving entity aregranted for this activity.Another state’s board of engineers.A professional engineeringassociation, organization, orsociety.NCEES.ABET.If audited, a licensee shall submit providedocumentation or certificate of completionshowing the licensee’s name, total continuingeducation credits earned, sponsor name andcontact information, program title, and thedate the program was held or completed.Passing an academic course related toprofessional engineering offered by a collegeor university that offers a baccalaureate degreeor higher degree in an engineering programthat is accredited by EAC/ABET or CEAB.If audited, a licensee shall submit provide acopy of the transcript showing the number ofcredit hours of the academic courses related toprofessional engineering.Attending a seminar, in-house course,workshop, or professional or technicalpresentation related to professionalengineering.If audited, the licensee shall submit provide acopy of the presentation notice oradvertisement showing the date of thepresentation, the licensee’s name listed as apresenter or attendee, and the name of theorganization that approved or offered thepresentation.Teaching, instructing, or presenting a subjectrelated to professional engineering.Fifteen continuingeducation hours are grantedfor each semester credit or10 continuing educationhours are granted for eachquarter credit.One continuing educationhour is granted for every50 minutes attending theactivity.Two continuing educationhours are granted for every

8If audited, a license shall submit providedocumentation by the college or universityconfirming the licensee as the teacher,instructor, or presenter of the academic course,the dates of the course or presentation, thenumber of classroom hours spent teaching,instructing, or presenting, and the course title.(e)Publication of a peer-reviewed paper, article,or book related to professional engineering.If audited, the licensee shall submit provide acopy of the publication that identifies thelicensee as the author or a publicationacceptance letter.(f)(g)Serving as a voting member on a state ornational committee, board, council, orassociation related to professionalengineering. To receive credit, a licenseemust participate take part in at least 50% ofthe regularly scheduled meetings of thecommittee, board, council, or association.If audited, a licensee shall submit providedocumentation satisfactory to the departmentverifying the licensee’s participation in at least50% of the regularly scheduled meetings ofthe committee, board, council, or associationand provide verification of the licensee’sstatus as a voting member on the committee,board, council, or association.Attending a Michigan board of professionalengineers meeting. To receive credit, thelicensee shall obtain a form provided by thedepartment from a department employeepresent at the meeting and have that employeecomplete, sign, and date the form. Thelicensee shall present a valid government-50 minutes of teaching,instruction or presenting.A maximum of 12continuing education hoursare granted for this activityduring each renewalperiod.Six continuing educationhours are granted for thisactivity.Credit is not granted formultiple publications of thesame peer-review paper,article, or book.A maximum of 18continuing education hoursare granted for this activityduring each renewalperiod.Three continuing educationhours are granted for theyear in which the licenseeserves as a member.A maximum of 6continuing education hoursare granted for this activityduring each renewalperiod.One continuing educationhour is granted for eachmeeting attended.A maximum of 6continuing education hourare granted for this activity

9issued photo identification to the departmentemployee for verification.(h)(i)(j)If audited, the licensee shall submit provide acopy of the form completed, signed, and datedby the department employee who was presentat the meeting.Serving as a school-sponsored mentor to anengineering student in a school-sponsoredprogram. To receive credit, this activity mustnot be part of the licensee’s regular jobdescription.If audited, the licensee shall submit provide aletter from an authorized official from theschool verifying the licensee’s role and thenumber of mentoring hours the licenseeprovided.Participating in a company-sponsored orhosted seminar or training that is designed toenhance professional development in thelicensee’s area of professional practice.If audited, a licensee shall submit providedocumentation or a certificate of completionissued by the company presenting the seminaror training showing the licensee’s name,company name, subject of seminar or training,and the date on which the seminar or trainingwas held.Reading an article related to professionalengineering published in a peer reviewjournal or professional or scientific journalthat expands the licensee’s knowledge of theprofessional engineering field.during each renewalperiod.Four continuing educationhours are granted for thisactivity.A maximum of 8continuing education hoursare granted for this activityduring each renewalperiod.One continuing educationhour is granted for every50 minutes of the seminaror training.Two continuingeducation hours aregranted for each articleread.A maximum of 4If audited, a licensee shall provide the titlecontinuing educationof the article, author, publication name ofhours are granted for thisthe peer review journal or professional oractivity during eachscientific journal, and date, volume, andrenewal period.issue of publication, as applicable, as well asdate read.(2) Continuing education hours are not granted for a program or activity that hassubstantially the same content of a program or activity for which the applicant hasalready earned continuing education hours during the renewal period.

10(3) Not more than 12 continuing education hours shall be earned during a 24-hourperiod.

Jun 08, 2021 · The credentials evaluation must be generated by a company that is a current member of the National Association of Credential Evaluation Services (NACES). R 339.16022 Professional engin