Citations Affected: IC 25-31.5.
Synopsis: Registration of soil scientists. Creates the Indiana board of
registration for soil scientists. Provides that the board consists of five
members: (1) a government soil scientist; (2) an academic soil
scientist; (3) two registered professional soil scientists; and (4) one
individual representing the public at large. Requires the board to enter
into a contract with the state chemist under which the state chemist
provides clerical and administrative support to the board. Sets
qualifications for the registration of professional soil scientists and
associate soil scientists. Requires the board to annually publish a roster
showing the names and places of business of all registered soil
scientists. Establishes the soil scientist registration fund. Provides a
disciplinary process for registered soil scientists. Provides that an
individual who knowingly or intentionally falsely claims to be a
registered soil scientist commits a Class B misdemeanor. Exempts
individuals in certain professions from the registration requirements.
Effective: Upon passage; July 1, 2001.
January 8, 2001, read first time and referred to Committee on Public Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
SECTION 1. IC 25-31.5 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2001]:
ARTICLE 31.5. PROFESSIONAL SOIL SCIENTISTS
Chapter 1. Applicability and Definitions
Sec. 1. This article does not apply to the following individuals:
(1) An officer or employee of:
(A) the federal government;
(B) state government; or
(C) local government;
while providing soil science services for the officer's or
employee's employer.
(2) An individual engaged solely in soil science research or the
instruction of soil science.
(3) An individual not engaged in the public practice of soil
science.
(4) A professional engineer registered under IC 25-31 who
applies soil science to the practice of engineering.
(5) A professional geologist certified under IC 25-17.6 who
applies soil science to the practice of geology.
(6) A person who is a certified professional erosion and
sediment control specialist (CPESC) or soil conservationist
who uses soil science in making land use decisions for the
conservation of soil and water resources.
(7) A professional wetlands specialist who applies soil science
to make wetland delineations or determinations.
Sec. 2. The definitions in this chapter apply throughout this
article.
Sec. 3. "Board" refers to the Indiana board of registration for
soil scientists established by
IC 25-31.5-2-1.
Sec. 4. "Public practice of soil science" means the performance
of service to the public in connection with soil science.
Sec. 5. "Registered associate soil scientist" means an individual
who is registered as an associate soil scientist under
IC 25-31.5-4.
Sec. 6. "Registered professional soil scientist" means an
individual who is registered as a professional soil scientist under
IC 25-31.5-4.
Sec. 7. "Registered soil scientist" means:
(1) a registered professional soil scientist; or
(2) a registered associate soil scientist.
Sec. 8. "Registration" means the act of registering a
professional soil scientist or an associate soil scientist under
IC 25-31.5-4.
Sec. 9. "Soil" means the unconsolidated mineral or organic
matter on the surface of the earth that has been subjected to and
influenced by genetic and environmental factors of parent
material, climate (including water and temperature effects),
microorganisms, and topography, all acting over time and
producing a product that differs from the material from which it
is derived in many physical, chemical, biological, and
morphological properties and characteristics.
Sec. 10. "Soil science" means the observation, identification,
description, classification, mapping, evaluation, experimental
investigation, and theoretical explanation of soils.
Sec. 11. "Soil scientist" means an individual who, by the
individual's knowledge of the principles of soil science acquired by
professional education and practical experience, is qualified to
practice soil science.
Sec. 12. "State chemist" refers to the state chemist appointed
under
IC 15-3-3-2.
Chapter 2. Board of Registration for Soil Scientists
Sec. 1. The Indiana board of registration for soil scientists is
established. The board shall administer this article.
Sec. 2. Each member of the board must be:
(1) a resident of Indiana; and
(2) appointed by the governor.
Sec. 3. The board consists of the following five (5) members:
(1) Four (4) soil scientists who, at the time of appointment,
include:
(A) one (1) member from federal, state, or local
government;
(B) one (1) member involved in education in a teaching,
research, or extension context; and
(C) two (2) members from industry or the private practice
of soil science who are registered professional soil scientists
in Indiana.
(2) One (1) member who represents the public at large and is
not associated with soil science other than as a consumer.
Sec. 4. (a) Each board member serves a term of four (4) years.
(b) A board member may serve until the member's successor is
appointed and qualified under this chapter.
(c) A board member may not serve more than two (2)
consecutive terms.
Sec. 5. (a) The governor may remove a board member for cause.
(b) A vacancy in the membership of the board is filled by
appointment by the governor for the unexpired term.
Sec. 6. Three (3) members of the board constitute a quorum.
Sec. 7. The affirmative vote of a majority of the total
membership of the board is required for the board to take action
on any matter.
Sec. 8. Each year the board shall elect from its members a
chairperson and a secretary.
Sec. 9. A member of the board is not entitled to the minimum
salary per diem provided by
IC 4-10-11-2.1
(b). However, the
member is entitled to reimbursement for travel expenses as
provided under
IC 4-13-1-4
and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
Chapter 3. Duties and Powers of the Board
Sec. 1. (a) The board shall meet:
fund established in section 9 of this chapter;
(C) record keeping services; and
(D) office space;
to the board; and
(2) the board pays compensation to the state chemist at a rate
and at intervals set by the contract.
(b) The contract entered into under this section may include
provisions under which the state chemist, in exchange for
compensation, fills needs of the board other than those described
in subsection (a)(1).
Sec. 7. (a) Each year the board shall publish a roster that
includes the names, addresses, and places of business of all
registered soil scientists.
(b) Copies of the roster published under subsection (a) must be:
(1) made available to each registered soil scientist; and
(2) furnished to members of the public upon request.
Sec. 8. The board may adopt rules under
IC 4-22-2
that are
consistent with this article and reasonably required for the conduct
of the board's responsibilities and duties.
Sec. 9. (a) The soil scientist registration fund is established as a
separate fund in the Purdue University treasury to carry out the
purposes of this article. The fund is administered by the board.
(b) The sources of money for the fund are the:
(1) registration fees paid under
IC 25-31.5-4-10
; and
(2) renewal fees paid under
IC 25-31.5-6-3.
(c) Expenses of administering the fund shall be paid from money
in the fund.
(d) The state chemist shall collect all money paid under this
article and deposit the money in the fund.
(e) If required by the board, the state chemist shall obtain a
surety bond conditioned upon the faithful performance of the state
chemist's duties for the board in an amount determined by the
board. The bond must be issued by a surety company authorized
to transact business in Indiana. All costs of the surety bond shall be
paid from money in the fund.
(f) The Purdue University treasurer shall invest the money in
the fund not currently needed to meet the obligations of the fund
in the same manner as other public funds may be invested. Interest
that accrues from these investments must be deposited in the fund.
(g) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
Chapter 4. Requirements for Registration as a Professional Soil
Scientist or an Associate Soil Scientist
Sec. 1. To qualify for registration as a professional soil scientist
under this chapter, an applicant must:
(1) satisfy the education requirement described in section 2 of
this chapter;
(2) pass the examinations described in section 3 of this
chapter;
(3) satisfy the work requirement described in section 4 of this
chapter; and
(4) pay the registration fee described in section 10 of this
chapter.
Sec. 2. (a) The education requirement for registration as a
professional soil scientist consists of a bachelor's degree or
advanced degree in soil science or a closely allied field in which the
curriculum includes the following:
(1) At least fifteen (15) semester hours of course work in the
soil sciences, including at least three (3) semester hours in
courses that emphasize the field study of soils, such as soil
genesis, morphology, classification, interpretation, and
mapping.
(2) At least forty-five (45) semester hours of course work in
supporting sciences, including biology, chemistry, crop
science, engineering, geology, mathematics, physics, and
statistics.
(b) The board shall determine which courses fulfill the
requirements set forth in subsection (a)(1).
(c) The board shall specify the minimum number of credits in
each type of supporting science needed to satisfy the requirement
described in subsection (a)(2).
(d) If course credits used by an applicant to qualify for
registration are in units other than semester hours, the board shall
use the most generally accepted factor to convert the units to
semester hour equivalents.
Sec. 3. The board shall require an applicant for registration as
a professional soil scientist to pass:
(1) a written examination designed to demonstrate whether
the applicant has the necessary knowledge and skill to
exercise the responsibilities of the public practice of soil
science; and
(2) an examination that evaluates field skills in soil
morphology and landscape analysis.
Sec. 4. (a) The work requirement for registration as a
professional soil scientist consists of three (3) years of professional
experience in soil science.
(b) Experience obtained while working on an advanced degree
does not qualify toward the satisfaction of the work requirement
of subsection (a). However, the board may allow up to:
(1) one (1) year of work credit for a master's degree; and
(2) two (2) years of work credit for a doctorate.
(c) The board shall:
(1) evaluate all work experience claimed by an applicant to
satisfy the work requirement under this section; and
(2) determine the amount of work credit to grant each
applicant.
Sec. 5. A registered associate soil scientist who satisfies the work
requirement of section 4 of this chapter is eligible to become a
registered professional soil scientist.
Sec. 6. (a) To qualify for registration as an associate soil scientist
under this chapter, an individual must:
(1) satisfy the education requirement described in section 2 of
this chapter;
(2) pass the examinations described in section 3 of this
chapter; and
(3) pay the registration fee described in section 10 of this
chapter.
(b) An individual is not required to satisfy the work requirement
described in section 4 of this chapter in order to qualify for
registration as an associate soil scientist.
(c) The board may establish a maximum period during which an
individual may be registered as an associate soil scientist.
Sec. 7. The board may require an applicant for registration
under this chapter to provide documentation of competency and
integrity.
Sec. 8. Upon application by the individual, the board may allow
the registration under this chapter of an individual who is
registered as a soil scientist in a state that, as determined by the
board, has standards for registration at least equal to those of this
chapter.
Sec. 9. An individual who:
(1) seeks registration under this chapter; and
(2) is aggrieved by a determination of the board under this
chapter;
may request administrative review under
IC 25-31.5-9.
Sec. 10. (a) An individual applying for registration under this
chapter must pay a nonrefundable registration fee in an amount
established by rules adopted by the board under
IC 4-22-2.
(b) All registration fees collected under this section shall be
deposited in the soil scientist registration fund established by
IC 25-31.5-3-9.
Chapter 5. Certificates; Seal or Stamp
Sec. 1. (a) Upon receipt of the registration fee required by
IC 25-31.5-4-10
, the board shall issue a registration certificate to
an applicant who, in the opinion of the board, satisfies all the
requirements for registration under
IC 25-31.5-4.
(b) Each certificate must show the full name of the board.
Sec. 2. The issuance of a registration certificate to a professional
soil scientist by the board is prima facie evidence that the
individual named on the certificate is entitled to all rights and
privileges of a registered professional soil scientist while the
certificate remains in force.
Sec. 3. A replacement certificate, subject to the rules of the
board, may be issued to replace a certificate that has been lost,
destroyed, or mutilated.
Sec. 4. Each registered professional soil scientist may obtain and
use a seal or stamp of registration. The design of the seal or stamp
must:
(1) be authorized by the board; and
(2) contain:
(A) the soil scientist's name and registration number; and
(B) the legend "Registered Professional Soil Scientist".
Sec. 5. After a soil scientist's registration is suspended or
revoked, the soil scientist may not:
(1) affix the soil scientist's signature, stamp, or seal to a soil
science report or document; or
(2) certify a soil science report or document;
unless the registration has been renewed, reissued, or reinstated.
Chapter 6. Renewal of Certificates; Continuing Education
Sec. 1. A registration certificate issued under
IC 25-31.5-5
expires three (3) years after it is issued, at a time and date
designated by the board.
Sec. 2. The board shall adopt rules under
IC 4-22-2
establishing
continuing education requirements that must be met for the
renewal of registration certificates. The requirements established
by the board must involve the description and evaluation of soils in
the field.
Sec. 3. (a) An individual applying for the renewal of a certificate
of registration under this chapter must pay a nonrefundable
renewal fee in an amount established by rules adopted by the
board under
IC 4-22-2.
(b) All renewal fees collected by the board under this section
shall be deposited in the soil scientist registration fund established
by
IC 25-31.5-3-9.
Sec. 4. The board shall notify each individual registered under
this article of:
(1) the date of expiration of the individual's certificate; and
(2) the amount of the renewal fee established by the board.
Sec. 5. If an individual fails to pay the renewal fee within ninety
(90) days after the expiration date established by the board under
this chapter, the board shall:
(1) suspend the individual's registration under this article;
and
(2) delete the individual's name from the roster published
under
IC 25-31.5-3-7
;
until the renewal fee is paid.
Sec. 6. (a) If an individual fails to pay the renewal fee for two (2)
consecutive years, the board shall revoke the individual's
certificate of registration.
(b) If an individual whose certificate has been revoked under
subsection (a) desires to be reregistered, the individual:
(1) must submit an application to the board; and
(2) shall be considered as a new applicant.
Chapter 7. Activities Prohibited to Individuals Who Are Not
Registered Professional Soil Scientists
Sec. 1. Except for:
(1) an individual described in
IC 25-31.5-1-1
; and
(2) an individual who is not a registered professional soil
scientist but is authorized by statute or administrative rule to
prepare a soil science report or document;
it is unlawful for an individual other than a registered professional
soil scientist or a subordinate under the direction of a registered
professional soil scientist to prepare a soil science report or
document that is required to be prepared by a registered
professional soil scientist under a statute, an administrative rule,
or a client's request.
Sec. 2. An individual who is not a registered professional soil
scientist may not:
(1) use; or
(2) assume or advertise in any way;
a title or description tending to convey the impression that the
individual is a registered professional soil scientist.
Chapter 8. Proceedings Against a Registered Soil Scientist
Sec. 1. The board may investigate:
(1) a suspected violation by a registered soil scientist of:
(A) a code of professional conduct adopted under
IC 25-31.5-3-4
; or
(B) other rules of the board concerning professional
competency and integrity; or
(2) other grounds for action against a registered soil scientist
under this chapter.
Sec. 2. (a) The board may file a complaint to impose conditions
on, suspend, or revoke the registration of a soil scientist.
(b) The soil scientist to whom a complaint is addressed may:
(1) agree to the terms of the complaint; or
(2) within twenty (20) days after receiving the complaint,
request an informal review of the complaint before the board.
(c) The failure of a registered soil scientist to request an
informal review under subsection (b)(2) constitutes an agreement
to the terms of the complaint.
Sec. 3. (a) An individual or organization may bring a complaint
of fraud, deceit, gross negligence, or misconduct against a
registered soil scientist.
(b) A complaint brought under subsection (a) must be:
(1) in writing;
(2) sworn to by:
(A) the individual; or
(B) an officer of the organization;
making the complaint; and
(3) filed with the board within two (2) years after the incident
alleged in the complaint.
Sec. 4. (a) The board shall consider:
(1) a request for an informal review of a complaint brought
under section 2 of this chapter; or
(2) a complaint brought under section 3 of this chapter;
during a meeting of the board.
(b) The board may adopt rules under
IC 4-22-2
to compel a
registered soil scientist to respond to matters that relate to a
complaint under section 2 of this chapter or a complaint brought
under section 3 of this chapter.
(c) The board may adopt rules under
IC 4-22-2
establishing
procedures for the conduct of a meeting under this section,
including the subpoena of witnesses and documents.
(d) A meeting held under this section shall be conducted in an
informal manner. However, the board shall keep a written record
of the proceeding.
(e) As soon as possible following a meeting under this section,
the board shall:
(1) terminate its proceedings on the complaint under section
2 of this chapter or the complaint brought under section 3 of
this chapter; or
(2) provide notice under
IC 4-21.5-3-6
of a determination to
impose conditions on, suspend, or revoke the registration of
the professional soil scientist.
Sec. 5. A registered soil scientist who receives a determination
under section 4 of this chapter shall:
(1) comply with the terms of the determination; or
(2) request administrative review under
IC 25-31.5-9.
Sec. 6. (a) The board may:
(1) suspend the registration of;
(2) refuse to renew the registration of;
(3) revoke the registration of;
(4) reprimand; or
(5) place on probation;
a registered soil scientist for any grounds set forth in subsection
(b).
(b) The board may take action under subsection (a) against a
registered soil scientist who is found to have:
(1) committed fraud or deceit in obtaining registration under
this article;
(2) committed gross negligence, incompetence, or misconduct
in the public practice of soil science;
(3) been convicted by a court of law of:
(A) a felony; or
(B) a crime involving moral turpitude;
(4) committed a violation of a code of professional conduct
adopted by the board under
IC 25-31.5-3-4
; or
(5) committed an unlawful act set forth in section 7 of this
chapter.
Sec. 7. An individual who knowingly or intentionally does any
of the following commits a Class B misdemeanor:
(1) Falsely professes to be a registered professional soil
scientist in violation of
IC 25-31.5-7.
(2) Presents or attempts to use as one's own the registration
or seal of another.
(3) Gives false or forged evidence to:
(A) the board; or
(B) a member of the board;
to obtain registration.
(4) Falsely impersonates another soil scientist.
(5) Uses or attempts to use a certificate of registration that is
suspended, revoked, or expired.
Chapter 9. Administrative Review and Judicial Review
Sec. 1. If requested, an administrative review of a determination
made by the board under
IC 25-31.5-3
,
IC 25-31.5-4
, or
IC 25-31.5-8
shall be conducted before an administrative law judge
appointed by the natural resources commission under
IC 14-10-2-2.
Sec. 2. The parties to the proceeding include:
(1) the individual seeking administrative review of the
determination by the board; and
(2) the board.
Sec. 3. An administrative law judge appointed under section 1
of this chapter is the ultimate authority for the board for purposes
of
IC 4-21.5-3-27
, and the order of the administrative law judge
disposing of a proceeding is final.
Sec. 4. A party who is dissatisfied with a final order rendered by
an administrative law judge in a proceeding under this chapter
may obtain judicial review of the final order under
IC 4-21.5-5.
SECTION 2. [EFFECTIVE JULY 1, 2001] (a) An individual who
practices soil science does not violate
IC 25-31.5-7
, as added by this
act, and may not be disciplined for failure to register as a
professional soil scientist or an associate soil scientist, if the
individual registers before January 1, 2003.
(b) This SECTION expires January 1, 2003.
SECTION 3. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding
IC 25-31.5-2-4
, as added by this act, the terms of
members appointed initially to the Indiana board of registration
for soil scientists established by
IC 25-31.5-2-1
, as added by this
act, are as follows:
(1) One (1) member is appointed for a term of one (1) year.
(2) One (1) member is appointed for a term of two (2) years.
(3) One (1) member is appointed for a term of three (3) years.
(4) Two (2) members are appointed for a term of four (4)
years.
(b) The governor shall make the initial appointments to the
board before July 1, 2001.
(c) An individual may be appointed to the board under
IC 25-31.5-2-3
(1)(C), as added by this act, if the individual meets
the requirements of subsection (e) or (f).
(d) An individual appointed to the board in accordance with
subsection (c) who does not obtain the requisite registration in
accordance with
IC 25-31.5-4
, as added by this act, before January
1, 2003, shall be considered to have resigned from the board on
that date, and the governor shall fill the vacancy in accordance
with
IC 25-31.5-2-5
, as added by this act.
(e) The board shall waive education and examination
requirements for registration under
IC 25-31.5-4
, as added by this
act, for an individual who, on July 1, 2001, is:
(1) certified as a soil classifier or soil scientist by:
(A) the American Registry of Certified Professionals in
Agronomy, Crops, and Soils (ARCPACS); or
(B) the Indiana Association of Professional Soil Classifiers
(IAPSC); and
(2) in good standing as a professional soil scientist.
(f) The board shall waive the education and examination
requirements for registration under
IC 25-31.5-4
, as added by this
act, for an individual who is practicing as a soil scientist similarly
to those who qualify under subsection (e), but who is not certified
by the American Registry of Certified Professionals in Agronomy,
Crops, and Soils (ARCPACS) and the Indiana Association of
Professional Soil Classifiers (IAPSC), if the individual:
(1) has at least five (5) years of experience in evaluating soil
morphology and soil landscapes and has submitted reports
dealing with environmental aspects of soil science that were
acceptable to:
(A) a county board of health;
(B) the state department of health;
(C) the Indiana department of environmental
management; or
(D) a similar agency; and
(2) provides to the satisfaction of the board:
(A) examples of the individual's professional work; and
(B) names of people who can evaluate the individual's
professional competence and adherence to ethical
standards.
(g) Not later than January 1, 2002, the board shall adopt rules
in accordance with
IC 4-22-2
to implement this act.
(h) This SECTION expires January 1, 2003.
SECTION 4. An emergency is declared for this act.