Draft legislation concerning unlicensed practice and continuing education was shown to architects serving on the regulatory board at their May meeting.  The architects and board staff had no official comments, but offered some suggestions.

The first of the two proposed measures aims to add flexibility to the continuing education requirements that, if passed, would put Virginia in a good position to accommodate changes being discussed at the national level by the National Council of Architectural Registration Boards.  The second aims to strengthen the laws identifying unlicensed practice.

Architects serving on the committee are J. Everette “Ebo” Fauber, AIA-E, James Boyd, AIA, and Michael LeMay, AIA.  Boyd was elected as section chairman for the 2011–2012 year.

In discussing continuing education, Fauber explained that the nation’s registration boards are all over the map with their requirements.  For example, Virginia requires 16 hours per biennium.  Fauber said 34 jurisdictions require 12 per year.  Most jurisdictions specifically require hours in health, safety, and welfare.  Virginia does not.  The more critical element to standardizing criteria nationally, he and Boyd agreed, was the reporting period end date. 

NCARB’s model law is being reviewed in an attempt to establish common criteria throughout the country including a single reporting date.  Currently in Virginia, the month an architect received his license is the reporting — or re-registration — date every other year.  In allowing the board to slide architects’ re-registration dates to a single date, those architects licensed in multiple jurisdictions would find it easier to manage their records.  

Delegates to NCARB’s national meeting in June will discuss and vote on the package of resolutions that includes revising its model law.

The proposals concerning unlicensed practice initially have been inserted into the list of unlawful acts that apply to any occupation requiring a license.  To the existing list of nine acts, the VSAIA is suggesting three.  These are:

  1. Entering into a contract to provide a professional or occupational regulated service or offering to provide a regulated service without holding a valid license to provide the regulated service.
  2. Advertising to provide services regulated by the Department of Professional and Occupational Regulation when the individual or business entity is not certified or licensed to practice the regulated occupation including, but not limited to, telephone directory listings, Internet websites, and radio and television advertisements. 
  3. Including unlicensed persons or business entities in published rosters or lists of persons who offer a regulated service where the person or business entity is not certified or licensed to offer the regulated service, including telephone directories, Internet sites, newspapers and periodicals.   

Both of these proposals were viewed earlier by the Joint Legislative Committee (JLC), which will determine how to refine the drafts prior to the 2012 legislative session.  Along with the VSAIA, the JLC comprises the two statewide engineering societies:  the American Council of Engineering Companies and the Virginia Society of Professional Engineers.