TITLE 864 STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS
Proposed Rule
LSA Document #15-451
DIGEST
Amends 864 IAC 1.1-1-1, 864 IAC 1.1-4.1-2, 864 IAC 1.1-4.1-3.5, 864 IAC 1.1-4.1-8, 864 IAC 1.1-5-1, 864 IAC 1.1-5-4, 864 IAC 1.1-7-3, 864 IAC 1.1-8-1, 864 IAC 1.1-9-1, 864 IAC 1.1-11-24, 864 IAC 1.1-11-25, and 864 IAC 1.1-12-1 and adds 864 IAC 1.1-2.1 to clarify accredited degree, define education and work experience and update and clarify education definitions and requirements, add Indiana Administrative Code references, comply with additional Indiana Administrative Code references, update examination schedule, clarify examination attempts timeline, update the application of seal and signature requirement, clarify renewal requirements, update "roster" to "name and address change", clarify notification of change of address requirement, update disclosure of a conviction of a crime requirement, update discipline language, and reduce the fee for registration as a professional engineer by comity. Repeals 864 IAC 1.1-2-2 and 864 IAC 1.1-2-4. Effective 30 days after filing with the Publisher.
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 1. (a) The following definitions apply throughout this title:
(1) "Act" means the Registration Act, IC 25-31, creating a board to regulate the practice of engineering in Indiana. (2) "Engineer" means professional engineer as defined in IC 25-31-1-2(b). (3) "Registrant" means an individual engineer to whom a certificate of registration has been granted under the Act.
(4) "EI" means an engineering intern as defined in IC 25-31-1-2(c). (5) "Applicant" means any individual whose application has been received by the board for consideration to be registered as an engineer or for enrollment as an EI in the state of Indiana.
(6) "EAC ABET" means the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology.
(7) "Approved engineering curriculum" means an EAC ABET accredited four (4) years or more baccalaureate, master's, or doctoral degree engineering program.
(8) "The date of registration" means the date that licensure was approved by the board.
(9) "Comity" means a principle by which the board licenses persons to practice engineering under IC 25-31-1-21 on the basis of engineering licenses issued by other states. (b) The terms defined in IC 25-31-1-2 shall have the same definitions when used in this title.
Rule 2.1. Engineers; Education and Work Experience
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 1. This rule establishes the educational and experience requirements for certification as an engineering intern and registration as a professional engineer.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-1)
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 2. The following definitions apply throughout this rule:
(1) "Basic sciences" means life sciences and physical sciences.
(2) "Engineering design" means the process by which the basic sciences, mathematics, and engineering sciences are applied to convert resources optimally to meet these stated needs. For a course to qualify as an engineering design course, the course must instruct on the decision making process in which the basic sciences and mathematics and engineering sciences are applied to convert resources optimally to meet a stated objective. Among the fundamental elements of the design process are the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation. The content of an engineering design course must include some of the following features:
(A) Development of student creativity.
(B) Use of open-ended problems.
(C) Development and use of modern design theory and methodology.
(D) Formulation of design problems statements and specifications.
(E) Consideration of alternative solutions feasibility considerations, production processes, concurrent engineering design, and detailed system descriptions.
(F) Involvement of a variety of realistic constraints, such as economic factors, safety, reliability, aesthetics, ethics, and social impact.
(3) "Engineering sciences" means sciences that carry basic science knowledge further toward creative application and include the following:
(A) Acoustics.
(B) Air pollution.
(C) Bioprocess and biochemical engineering.
(D) Digital logic.
(E) Dynamics.
(F) Efficient energy utilization.
(G) Environmental studies.
(H) Fluid mechanics.
(I) Heat transfer.
(J) Hydraulics.
(K) Hydrology.
(L) Mechanics of materials.
(M) Plant and food biotechnology.
(N) Renewable energy sources.
(O) Soil mechanics.
(P) Statics.
(Q) Thermodynamics.
(R) Water pollution.
(4) "Life sciences" means sciences that involve the scientific study of living organisms such as plants, animals, and human beings and include the following:
(A) Biology.
(B) Botany.
(C) Ecology.
(D) Genetics.
(5) "Physical sciences" means sciences that involve the study of nonliving systems and include the following:
(A) Chemistry.
(B) Earth science.
(C) Physics.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-2)
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 3. (a) This section and sections 4 and 5 of this rule establish the minimum education and experience requirements under IC 25-31-1-12 for registration as a professional engineer.
(b) The following table establishes provisions for evaluating combined education and experience to determine if it is sufficient to satisfy minimum registration requirements under IC 25-31-1-12 for professional engineer registration applicants holding the stated degrees:
| |
| Education (Qualifying Degree) | Minimum Years of Progressive Work Experience Following Baccalaureate Degree |
| Doctorate in an engineering discipline following a baccalaureate degree in an approved engineering curriculum. | 2 |
| Master of science degree in an engineering discipline following a baccalaureate degree in an approved engineering curriculum. | 3 |
| Doctorate in an engineering discipline following a baccalaureate degree that is not in an approved engineering curriculum. | 4 |
| Master of science degree in an engineering discipline following a baccalaureate degree that is not in an approved engineering curriculum. | 5 |
| Baccalaureate degree in an approved engineering curriculum. | 4 |
| Baccalaureate degree and completion of specific educational courses as required in section 4 of this rule. | 6 |
(c) No degree requirement under this section may be achieved by obtaining an honorary degree.
(d) Notwithstanding the other provisions of this section and section 4 of this rule, an applicant who holds a valid certificate as an engineering intern does not need any additional education beyond that which was required for certification as an engineering intern in Indiana, at the time of an applicant's first taking the engineering intern (fundamentals of engineering) examination so long as the applicant applies for admission to the professional engineer examination no later than the first examination deadline (as provided for in 864 IAC 1.1-3-4), which is subsequent to ten (10) years after the date the applicant took and passed the engineering intern examination.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-3)
864 IAC 1.1-2.1-4 Degree in a nonapproved education curriculum
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 4. (a) The education of all applicants, except those who have obtained a baccalaureate, master's, or doctoral degree in an approved engineering curriculum, must include the following:
(1) At least thirty (30) semester credit hours in mathematics and science including the following:
(A) A core mathematics component with at least twelve (12) semester credit hours in college level mathematics, excluding college algebra and trigonometry, which must include a minimum of six (6) semester credit hours of calculus and a minimum of six (6) semester hours of mathematics including the following:
(i) Advanced calculus.
(ii) Combinatronics.
(iii) Differential equations.
(iv) Linear algebra.
(v) Numerical analysis.
(vi) Probability.
(vii) Signal processing.
(viii) Statistics.
(ix) Stochastics.
(x) Topology.
Courses outside the core mathematics component may include others listed in this clause and can include college algebra and trigonometry.
(B) A core science component with at least twelve (12) semester credit hours in basic sciences appropriate to the discipline. At least six (6) semester credit hours of basic sciences must be in physical sciences with one (1) or more mathematics courses from the core mathematics component as a prerequisite or corequisite.
(2) At least thirty (30) semester credit hours of engineering topics appropriate to the student's field of study including the following:
(A) A core engineering science component of at least twelve (12) semester credit hours of engineering topics in engineering sciences and have one (1) or more courses from the core mathematics component or core science component as prerequisites or corequisites.
(B) At least twelve (12) semester credit hours in engineering design.
(C) Six (6) semester credit hours that include additional courses in the topics described in clauses (A) and (B) or other engineering topics courses including the following:
(i) Contracts specifications.
(ii) Cost estimating.
(iii) Engineering ethics.
(iv) Engineering leadership.
(v) Information management systems.
(vi) Legal issues.
(vii) Professional licensure.
(viii) Project management.
(ix) Workplace safety.
(b) College courses with substantial duplication of content may be counted only one (1) time toward the requirements of subsection (a).
(c) College courses that cover two (2) or more categories in subsection (a) shall be counted only in one (1) category. The appropriate category is that which is the greatest portion of the course. In determining the greatest portion of the course, the board may take into account information from the institution offering the course.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-4)
Authority: IC 25-31-1-7; IC 25-31-1-9
Sec. 5. (a) Progressive experience of sufficient quality when used relative to the requirement for experience on engineering projects as provided for in IC 25-31-1-12(a) means the applicant has demonstrated the ability to assume continuously increasing levels of responsibility for engineering projects.
(b) No experience obtained prior to a baccalaureate degree shall qualify.
(c) Part-time experience acquired while the applicant was a full-time student shall not qualify. All other part-time experience shall be converted to its full-time equivalent in evaluating the application.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-5)
864 IAC 1.1-2.1-6 Engineering intern; education and work experience
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 6. (a) This section establishes the minimum education and experience requirements under IC 25-31-1-12 for certification as an engineering intern.
(b) The education and experience requirements of sections 3 through 5 of this rule for professional engineer applicants apply for engineering intern applicants except that individuals with:
(1) a baccalaureate degree meeting the course requirements of section 4 of this rule shall only be required to obtain two (2) years of work experience;
(2) a master of science degree in an engineering discipline following a baccalaureate degree that is not in an approved engineering curriculum shall only be required to obtain one (1) year of work experience; and
(3) the other degrees listed in section 3 of this rule shall not be required to obtain any work experience.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-6)
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 7. To show compliance with the educational requirements, an applicant must meet the applicable requirements of subdivision (1) or (2) as follows:
(1) An applicant who has obtained a baccalaureate, master's, or doctoral degree in an approved engineering curriculum must include with the application the college transcripts for each degree awarded.
(2) An applicant who has not obtained a baccalaureate, master's, or doctoral degree from an approved engineering curriculum must:
(A) include in the application, or a document attached to the application, which courses meet the requirements of section 4(a) of this rule by stating the institution where the course was attended and course names and numbers and prerequisites or corequisites if required by section 4(a) of this rule; and
(B) submit all college transcripts that show that college credit was awarded for the claimed courses. If the original transcripts are not in English or the definition of credits is different from those used in an approved engineering curriculum, then an evaluation of transcripts must be provided by an agency or organization approved by the board that states that the coursework meets the requirements of section 4(a) of this rule.
(State Board of Registration for Professional Engineers; 864 IAC 1.1-2.1-7)
Authority: IC 25-31-1-7
Sec. 2. (a) The board will admit an applicant to the professional engineer examination only if the applicant otherwise qualifies for registration as a professional engineer, including meeting applicable education and experience requirements established in IC 25-31-1-12 and 864 IAC 1.1-2. 864 IAC 1.1-2.1.
(b) Except for an applicant who has not passed the fundamentals of engineering examination prior to applying for admission to the professional engineer examination, an applicant may be admitted to the fundamentals of engineering examination without obtaining approval from the board. Application is only required to the testing service. However, in order to be certified as an engineering intern, the applicant after passing the fundamentals of engineering examination must subsequently file an application with the board and to be approved, the applicant must meet all of the engineering intern certification requirements, including meeting the applicable education and experience requirements established in IC 25-31-1-12 and 864 IAC 1.1-2. 864 IAC 1.1-2.1.
Authority: IC 25-31-1-7
Sec. 3.5. (a) The fundamentals of engineering examination will be a computer based test that will be given during testing windows of approximately two (2) months length during each lasting one (1) calendar quarter. An eligible applicant may schedule for the examination at a testing center any time during a testing window as space is available. An applicant may not take the examination more than once in a testing window, or even if readmitted under section 5.5(c) or section 8(b) of this rule, more than three (3) times in a twelve (12) month period.
(b) Until it becomes available as a computer based test, a discipline of the principles and practice of engineering examination will be given twice each year, normally in April and October. Disciplines that only get limited participation may only be given once in a given year.
(c) Once it becomes available as a computer based test, a discipline of the principles and practice of engineering examination will be given in the same manner provided for the fundamentals of engineering examination in subsection (a).
(State Board of Registration for Professional Engineers; 864 IAC 1.1-4.1-3.5; filed Nov 15, 2013, 2:51 p.m.: 20131211-IR-864130333FRA, eff Jan 1, 2014; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA)
864 IAC 1.1-4.1-8 Terminated applications; reapplication for admission, qualifications
Authority: IC 25-31-1-7
Sec. 8. (a) An individual whose application has been deemed terminated under section 7(c) or 7(f) of this rule may reapply for admission to the professional engineer examination.
(b) In order for readmission to be granted, the applicant must: shall:
(1) meet the education and experience requirements in effect at the time of reapplication;
(2) certify to the board that the applicant has acquired acquire additional knowledge for the examination; and
(3) describe to the board in writing the additional knowledge that was acquired as provided for in subdivision (2).
(c) An applicant who is readmitted to an examination under this section shall be treated as if the applicant had not previously taken the examination for all purposes under sections 5 and 7 of this rule.
(d) Individuals may be deemed terminated partially or completely because of out-of-state examination attempts. Therefore, an applicant will be required to comply with subsection (b) even if the first, second, third, or all examination attempts are out-of-state.
(e) Individuals shall be deemed terminated under section 7(c) of this rule on the basis of all fundamentals of engineering examination attempts. Therefore, applicants will be required to comply with subsection (b) once the applicant has had three (3) fundamentals of engineering examination attempts regardless of whether the examination attempts were as:
(1) an engineering intern applicant; or
(2) a professional engineer applicant.
(f) For purposes of this section and section 7 of this rule, an examination attempt:
(1) means the actual taking of the examination; and
(2) does not include a failure to appear to take the examination.
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 1. (a) This rule addresses the requirements for registration of professional engineers who are registered in another state, territory, or possession of the United States. These applicants are also known as comity applicants.
(b) Under IC 25-31-1-21, one (1) requirement for an individual described in subsection (a) to become registered in Indiana is that the requirements under which the individual's registration was issued do not conflict with IC 25-31-1. (c) In determining whether there is conflict under IC 25-31-1-21 and subsection (b), the board will evaluate whether the applicant meets the educational, experience, and examination requirements found in IC 25-31-1 and this title. This includes the educational and experience requirements found in 864 IAC 1.1-2-2 864 IAC 1.1-2.1-3 through 864 IAC 1.1-2.1-5 and the passing of the fundamentals of engineering examination and the principles and practice of engineering examination as required by IC 25-31-1-14 and 864 IAC 1.1-4.1-3. (d) Unless the applicant does not qualify for registration for some other appropriate reason, if the educational, experience, and examination requirements described in subsection (c) are met at the time the applicant files the applicant's application with the board, the applicant will qualify for registration.
(State Board of Registration for Professional Engineers; Rule 5, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 630; filed Sep 24, 1992, 9:00 a.m.: 16 IR 729; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2109; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; filed Jun 10, 2008, 9:47 a.m.: 20080709-IR-864070663FRA; readopted filed Dec 1, 2014, 8:34 a.m.: 20141231-IR-864140393RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA)
864 IAC 1.1-5-4 Professional engineer examination; comity applicants
Authority: IC 25-31-1-7
Sec. 4. (a) Comity applicants shall be required to take and pass Part III of the professional engineer examination as described in 864 IAC 1.1-4.1-3. Notwithstanding 864 IAC 1.1-4.1-3(e), This examination shall be submitted with the comity applicant's application. (b) An applicant who does not pass Part III of the engineering examination on the first attempt shall be entitled to take it two (2) additional times within six (6) months from the filing date of the applicant's application.
(c) The application shall be deemed terminated upon the failure of the examination in the attempts allowed in subsection (b), the application shall be deemed terminated. The applicant shall be ineligible to reapply for a period of two (2) years from the date of the third failure. or six (6) months from the date of the applicant's application, whichever occurs earlier. An individual whose application has been deemed terminated under this rule may reapply for admission to the examination.
(d) In order for readmission to be granted, the applicant shall:
(1) meet the education and experience requirements in effect at the time of reapplication;
(2) acquire additional knowledge for the examination; and
(3) describe to the board in writing the additional knowledge that was acquired as provided for in subdivision (2).
(State Board of Registration for Professional Engineers; 864 IAC 1.1-5-4; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2109; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; filed Jun 10, 2008, 9:47 a.m.: 20080709-IR-864070663FRA; readopted filed Dec 1, 2014, 8:34 a.m.: 20141231-IR-864140393RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA)
864 IAC 1.1-7-3 Application of seal; signature
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 3. (a) The seal shall be affixed to documents and instruments only during the time the certificate of registration is current and has not been suspended or revoked and then only on such documents and instruments which that have been prepared by the registrant or by the regularly employed and directly supervised subordinates of the registrant. The registrant shall be responsible for seeing that the seal, however affixed, and the signature shall be legible on the document.
(b) Whenever a registrant affixes the seal, it shall have:
(1) the registrant's original handwritten, electronic, or other signature recognized under Indiana law; and
(2) the date the seal is being affixed;
directly adjacent to the seal, but not across the seal. As used in this subsection, "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.
(c) When a registrant is in responsible charge of engineering work for which one (1) or more:
(1) specifications;
(2) plans; and
(3) drawings;
are required to be submitted for review by the state building commissioner or other governmental body, the registrant shall apply the seal in the full manner required by this section on each page of all drawings or plans and on the title page of all specifications.
(d) A registrant who is not in responsible charge of the entire work, but assumes responsibility for portions of the work included on any page of:
(1) specifications;
(2) plans; or
(3) drawings;
shall affix the seal in the manner required by this section on all title pages and on all pages of plans or drawings on which the registrant's work appears and on the title pages of specifications in which the registrant's work appears.
(e) When affixing the seal, the registrant shall denote the registrant's part of the work by inserting below the registrant's signature and date, language similar to the following:
COVERING _____________________ DESIGN.
864 IAC 1.1-8-1 Renewal of registration; fees; notice
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 1. The board has adopted the following to clarify and implement the payment of renewal fees on a biennial basis:
(1) For purposes of biennial renewal, the postmark on the envelope containing the remittance will be considered the date of payment.
(2) When the renewal fee is not paid on time:
(A) the certificate of registration becomes invalid; and
(B) the individual cannot lawfully practice or offer to practice engineering and
(C) the individual's name will be deleted from future rosters;
until the renewal fee and required delinquent fee is paid and all other requirements for reinstatement of the certificate of registration have been met.
Rule 9. Name and Address Change
864 IAC 1.1-9-1 Notification of name and address change
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 1. In order to establish the time of publication of rosters in conjunction with the biennial collection of renewal fees, the board adopts the following:
(1) As soon as practicable after the completion of the biennial renewals in each even-numbered year, the board will publish a roster showing the names and addresses of engineers who are valid registrants until the date shown in the roster.
(2) (a) It shall be the responsibility of each registrant to keep the board advised of the registrant's latest address and such supplementary roster information, if any, which is to be included in the roster. within thirty (30) days of the address change.
(b) It shall be the responsibility of each registrant to keep the board advised of the registrant's full name within thirty (30) days of the name change.
(State Board of Registration for Professional Engineers; Rule 9, Sec 1; filed Feb 29, 1980, 3:40 p.m.: 3 IR 634; filed Oct 17, 1986, 2:20 p.m.: 10 IR 442; filed Sep 24, 1992, 9:00 a.m.: 16 IR 731; readopted filed Jun 21, 2001, 9:01 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:56 p.m.: 20070808-IR-864070063RFA; readopted filed Jul 29, 2013, 1:25 p.m.: 20130828-IR-864130228RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-864160321RFA)
Authority: IC 25-1-1.1; IC 25-31-1-7; IC 25-31-1-8
Sec. 24. Conviction of a crime shall be deemed incompetent practice if the acts which resulted in the conviction have a direct bearing on whether the applicant should be entrusted to serve the public as a registered professional engineer. may be a basis for disciplinary action under IC 25-1-11-5 or other applicable statute.
864 IAC 1.1-11-25 Discipline of license in another jurisdiction; effect
Authority: IC 25-31-1-7; IC 25-31-1-8
Sec. 25. The revocation or suspension Discipline of a professional engineer's license by another jurisdiction if for a cause which in the state of Indiana would constitute a violation of IC 25-31-1 or this title, shall may be grounds for a charge of violation of IC 25-31-1-22.1. disciplinary action under IC 25-1-11-5(a)(7).
Authority: IC 25-1-8-2; IC 25-31-1-7; IC 25-31-1-8
Sec. 1. The board shall charge and collect the following fees, which shall all be nonrefundable and nontransferable:
(1) For review of an application for certification as an engineering intern, ten dollars ($10).
(2) For review of an application for examination for registration as a professional engineer, three hundred dollars ($300).
(3) For the processing and review of qualifications for registration as a professional engineer by comity, five three hundred dollars ($500). ($300).
(4) For issuance of the original certificate to practice as a professional engineer following passage of the examination or approval for registration on the basis of comity, when the certificate is dated between August 1 of an:
(A) odd-numbered year and July 31 of the following even-numbered year, inclusive, fifty dollars ($50); and
(B) even-numbered year and July 31 of the following odd-numbered year, inclusive, one hundred dollars ($100).
(5) For biennial renewal of the certificate to practice as a professional engineer, one hundred dollars ($100) payable prior to July 31 of each even-numbered year.
(6) For reinstatement of an expired certificate to practice as a professional engineer, the fees as provided for in IC 25-1-8-6.
Posted: 08/16/2017 by Legislative Services Agency
DIN: 20170816-IR-864150451PRA
Composed: May 03,2024 6:48:56AM EDT
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