IDAHO BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS
Bureau of Occupational Licenses
1109 Main Street, Suite 220
Boise, ID 83702-5642
Board Meeting Minutes of 4/4/2008
BOARD MEMBERS PRESENT: Paul Spillers - Chair
Paul K Link, Ph.D.
BOARD MEMBERS ABSENT: James Spalding
BUREAU STAFF: Tana Cory, Bureau Chief
Roger Hales, Administrative Attorney
Cherie Simpson, Management Assistant
Dave Hotchkiss, Investigations Coordinator
Deborah Sexton, Records Specialist
OTHERS PRESENT: Jerry Peterson, Representing ACEC -
American Council of Engineering Companies
Tim Haener, Chair of Government Affairs Committee of ACEC of Idaho
Meeting was called to order at 2:00 p.m. MST by Chairman Paul Spillers.
Mr. Jerry Peterson presented the Board with a memorandum regarding proposed changes to HB 337 which the Board voted to hold in the 2008 Legislative session. Mr. Peterson noted the following recommendations:
1) That the proposed changes to Idaho Code Section 54-2802 for definitions should be dropped and that the current definitions should remain unchanged.
2) That the proposed changes to Idaho Code Section 54-2808 allowing the Board to seek injunctive relief should be dropped or significantly clarified to remove any ambiguity and possible concerns regarding practice overlap with engineers, geophysicists, and other professions.
The Board discussed the proposed changes and noted the language came from the National Association of State Boards of Geology (ASBOG) model licensure document. The Board’s intent in establishing new definitions was not to encroach on the engineer’s territory but it was an attempt to align Idaho’s definitions with the national standards.
Mr. Peterson said that it was not just in Idaho but nationally that engineers have issues with the ASBOG model law.
Attorney Roger Hales asked whether geophysicists were licensed or not. Mr. Peterson answered they are not licensed in Idaho and he understands there to be only a few states where they are licensed.
Dr. Paul Link inquired as to how many other states have adopted the ASBOG model law.
It was noted that approximately 30 states are members of ASBOG. There are states that use the ASBOG model law; however, the exact number is unknown.
APPROVAL OF MINUTES
The Board reviewed the minutes of January 18, 2008. Dr. Link moved to approve the minutes as written. Seconded by Mr. Mork, motion carried.
The Board reviewed the minutes of January 25, 2008. Mr. Mork moved to approve the minutes as written. Seconded by Dr. Link, motion carried.
Ms. Cory presented the financial report which is available to the public on the Board’s website at www.ibol.idaho.gov.
Mr. Hales presented the legislative report. The bill formalizing the Bureau’s support to the Board was passed. The bill allows the Bureau to collect fees on behalf of the Board. Additionally, it establishes that licenses will renew on their birth date. A notice will go out approximately six weeks before the expiration date.
The proposed rules were also approved.
Mr. Hales discussed with the Board how the Bureau handles investigations. The Bureau has a full staff of investigators and a clear policy on how the investigation takes place. The Board always has to be the judge when it comes to disciplinary actions against licensees.
Mr. Hales noted the Board does not have jurisdiction over unlicensed individuals. There is a huge distinction between having civil authority over unlicensed individuals and having fining authority over registered geologists.
The Board discussed the law change in regard to the ASBOG model law. Mr. Spillers suggested coming up with another version to take back to the engineers for review. The Board noted there were a lot of things included in HB337 that were dropped and it would be worth reviewing. Mr. Mork and Mr. Hales will coordinate to come up with a first draft. A conference call will be set up some time in May to go over the draft.
The Board discussed the ASBOG model law and would do some research on how many other states have been able to get the ASBOG model law passed.
Mr. Hales discussed the Board’s code of ethics noting it is adopted in the rules.
Mr. Hales discussed with the Board possibly changing from “registration” to “license.” Mr. Hales noted that traditionally licensure has meant that someone has to establish they are qualified through education, testing, and experience. Registration typically concerns individuals having some objective qualifications but it is not necessarily competency based. Mr. Hales will look at that in context to legislation to see how big of a change it would be.
The Board discussed the change in the expiration date of renewals. As of July 1st, 2008 pursuant to Idaho Code 67-2614, registered geologist, will be required to renew their registration prior to their birthday.
The Board reviewed correspondence from the Texas Board. Mr. Hales discussed endorsement and reciprocity. Reciprocity is based upon an agreement between states. Endorsement is for those individuals who have been practicing in another jurisdiction for at least five years with no disciplinary action and who may need to meet other requirements as set by the Board. These are not the same requirements as for a new licensee.
Dr. Link moved to direct Mr. Hales to follow up with the correspondence from the Texas Board to review whether or not the Board has legal authority to enter into a reciprocity agreement. Seconded by Mr. Spillers, motion carried.
Mr. Mork moved to revisit RS 17340C1 (HB-337) to propose new language for submittal on a 2009 bill. Seconded by Dr. Link, motion carried.
Mr. Mork moved to direct the Bureau to draft a letter regarding pro-ration and online renewal to go out to registrants. Seconded by Dr. Link, motion carried.
The Board discussed upcoming board appointments and the process of becoming a Board member.
Mr. Mork moved to direct the Bureau to add the link on becoming a Board member to their website. Seconded by Dr. Link, motion carried.
Mr. Mork moved that Mr. Paul Spillers be appointed liaison for the Registered Professional Geologist Board to the professional engineers in Idaho. Seconded by Dr. Link, motion carried.
Mr. Mork moved to enter into executive session under Idaho Code 67-2345 (1) (d), to consider records that are exempt from disclosure. Seconded by Dr. Link, motion carried. Individual vote for this motion was: Mr. Mork, aye; Dr. Link, aye; and Mr. Spillers, aye.
Mr. Mork moved to enter into regular session. Seconded by Dr. Link, motion carried. Individual vote for this motion was: Mr. Mork, aye; Dr. Link, aye; and Mr. Spillers, aye.
Mr. Mork moved to approve Ross William PGL-1303 as a registered professional geologist in Idaho based upon meeting all the requirements. Seconded by Dr. Link, motion carried.
Mr. Mork moved to approve Jordan Nielsen PGL-1311 as a registered professional geologist in Idaho based upon meeting all the requirements. Seconded by Dr. Link, motion carried.
Mr. Mork moved to adjourn the meeting. Seconded by Dr. Link, motion carried.
Meeting adjourned at 4:10 p.m. MST.