MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Business and Financial Institutions

By: Senator(s) Carter

AN ACT TO AMEND SECTION 73-63-7, MISSISSIPPI CODE OF 1972, TO REVISE THE REGISTRATION REQUIREMENTS FOR PROFESSIONAL GEOLOGISTS IN REGARD TO ENGINEERING ACTIVITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-63-7, Mississippi Code of 1972, is amended as follows:

73-63-7. (1) A person shall not use the term "Registered Professional Geologist" unless that person is registered under this chapter. Unless exempted under subsection (5) of this section, any individual practicing, offering or attempting to practice geology or claiming any specialty in geology, as a professional, business or commercial identification, title, name, representation or claim, or otherwise holding themselves out to the public, as being qualified to practice geology or any of its specialties shall be registered under this chapter.

(2) Unless exempted under subsection (5) of this section, no person other than an individual shall engage in the practice of geology unless the geological work is performed by or under the supervision of one or more registered professional geologists, who is in responsible charge of the work and signs and seals all documents. If the principal business of the person, as determined by the board, is the practice of geology, then a principal, officer or director must be a registered professional geologist and have overall supervision and control of the geological work performed in this state.

(3) Except as exempted under subsection (5) of this section, a person shall be construed to engage in the practice of geology or offer to practice geology under this chapter if that person:

(a) Practices any branch of geology;

(b) Represents by verbal claim, sign, advertisement, letterhead, card or any other way or implies through the use of the title "geologist" that the person is registered under this chapter;

(c) Holds himself or herself out as able to perform or does perform any geologic services or work recognized by the board as the practice of geology; or

(d) Makes geologic determinations and evaluations which may affect the public welfare including, but not limited to, the following activities: protection of groundwater to ensure adequate quality and quantity for present and future generations; prevention and remediation of contamination of the earth, earth materials and water from improper disposal or accidental spills; determination of the suitability and risks in containment and disposal of wastes and hazardous materials including but not limited to landfills, storage tanks, and injection wells; siting of boreholes, depth of wells to be drilled, depth of casing and grouting requirements for the construction of monitoring wells or other borings into the earth that may affect one or more aquifers; the suitability for construction projects including excavations, buildings, dams, highways, and other structures which may be affected by floods, landslides, earthquakes, sinkholes, erosion, expansive/contractive earth and earth materials, etc. These geologic determinations and evaluations do not include the design of structures as defined by Title 73, Chapter 13 and other engineering-related activities as clearly defined and mutually agreed upon between the Board of Registered Professional Geologists and the Board of Registration for Professional Engineers and Land Surveyors in the memorandum of understanding authorized under Section 73-63-53. In the absence of the memorandum of understanding, qualified geologists and engineers shall not be restricted from engaging in activities of either profession where those activities are incidental to the duties of his profession and are in compliance with the registration laws, codes of ethics/professional conduct associated with his professional affiliation.

(4) Any geologic report or geologic portion of a report, which incorporates or is based on a geologic study or on geologic data and is required by or supporting compliance with any federal, state or local governmental law, ordinance, rule or regulation shall be prepared by or under the supervision of a registered professional geologist as evidenced by the geologist's signature and seal.

(5) The following activities shall not require registration under this chapter:

(a) Geological work performed by an employee or a subordinate of a registered professional geologist, if that work does not include responsible charge of geological work, and if the work is performed under the direct supervision of a registered professional geologist, who is responsible for that work;

(b) Geological work performed exclusively in the exploration for and development (proving out) of petroleum resources, including the giving of testimony, or preparation and presentation of exhibits or documents regarding petroleum resources for the sole purpose of consideration by, or being placed into evidence before, any administrative agency, judicial tribunal or public hearing, if the testimony, exhibits or documents do not imply that the person is registered under this chapter;

(c) The practice of engineering, including the acquisition of engineering data and the utilization of these data in analysis, design, and construction by professional engineers appropriately registered in this state;

(d) Work customarily performed by physical or natural scientists such as chemists, archaeologists, geographers, oceanographers, pedologists and soil scientists, if that work does not include the planning and execution of geologic investigations, being in responsible charge of geologic work or the drawing of geologic conclusions and making recommendations involving the practice of geology; and

(e) Geologic work which does not affect the public welfare as specified under subsection (3)(d) of this section.

(6) Nothing in this chapter shall be construed to permit the practice of engineering by a geologist.

SECTION 2. This act shall take effect and be in force from and after its passage.