New Mexico HB 411: ENGINEER & SURVEYOR LICENSURE

Bill Text

HB 411/a
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AN ACT
RELATING TO PROFESSIONAL LICENSURE; AMENDING THE ENGINEERING
AND SURVEYING PRACTICE ACT; REVISING REQUIREMENTS FOR
CERTIFICATION AS AN ENGINEER INTERN; REVISING LICENSURE
REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL
SURVEYORS; PROVIDING FOR APPLICATION DENIAL; ALLOWING FOR
NOTIFICATION OF ENGINEERING AND SURVEYING LICENSURE AND
RENEWAL FEES BY MAIL OR OTHER MEANS; REVISING THE EXEMPTIONS
FOR THE INCIDENTAL PRACTICE OF ENGINEERING AND SURVEYING;
EXTENDING THE TERMINATION DATE OF THE STATE BOARD OF
LICENSURE FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL
SURVEYORS; RAISING THE ANNUAL FUNDING AMOUNT FOR THE
ENGINEERING AND SURVEYING SUPPORT PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-23-3 NMSA 1978 (being Laws 1987,
Chapter 336, Section 3, as amended) is amended to read:
"61-23-3. DEFINITIONS.--As used in the Engineering and
Surveying Practice Act:
A. "approved" means acceptable to the board;
B. "authorized company officer" means an employee
of a business entity duly authorized by the business entity
to contractually obligate the business entity;
C. "board" means the state board of licensure for
professional engineers and professional surveyors;

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D. "business entity" means a corporation,
professional corporation, limited liability corporation,
professional limited liability corporation, general
partnership, limited partnership, limited liability
partnership, professional limited liability partnership, a
joint stock association or any other form of business,
whether or not for profit;
E. "conviction" means a final adjudication of
guilt, whether pursuant to a plea of nolo contendere or
otherwise and whether or not the sentence is deferred or
suspended;
F. "engineer" means a person who has completed
engineering education and has training and experience in the
application of engineering principles and the interpretation
of engineering data;
G. "engineering accreditation commission" means
the engineering accreditation commission of the accreditation
board for engineering and technology, incorporated, or any
successor commission or organization;
H. "engineering" or "practice of engineering"
means any creative or engineering work that requires
engineering education, training and experience in the
application of engineering principles and the interpretation
of engineering data to such creative work as consultation,
investigation, forensic investigation, evaluation, planning

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and design of engineering works and systems, expert technical
testimony, engineering studies and the review of construction
for the purpose of ensuring substantial compliance with
drawings and specifications; any of which embrace such
creative work, either public or private, in connection with
any utilities, structures, buildings, machines, equipment,
processes, work systems, projects and industrial or consumer
products or equipment of a mechanical, electrical, hydraulic,
chemical, pneumatic, environmental or thermal nature, insofar
as they involve safeguarding life, health or property, and
including such other professional services as may be
necessary to the planning, progress and completion of
engineering work. The "practice of engineering" may include
the use of photogrammetric methods to derive topographical
and other data. The "practice of engineering" does not
include responsibility for the supervision of construction,
site conditions, operations, equipment, personnel or the
maintenance of safety in the workplace;
I. "engineering committee" means a committee of
the board entrusted to implement all business of the
Engineering and Surveying Practice Act as it pertains to the
practice of engineering, including the promulgation and
adoption of rules of professional responsibility for
professional engineers exclusive to the practice of
engineering;

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J. "engineer intern" means a person who has
qualified for, taken and passed an examination in fundamental
engineering subjects;
K. "fund" means the professional engineers' and
surveyors' fund;
L. "incidental practice" means the performance of
other professional services that are related to a licensee's
work as an engineer;
M. "person" means an individual or business
entity;
N. "professional development" means education by a
licensee in order to maintain, improve or expand skills and
knowledge obtained prior to initial licensure or to develop
new and relevant skills and knowledge to maintain licensure;
O. "professional engineer", "consulting engineer",
"licensed engineer" or "registered engineer" means a person
who has been licensed as a professional engineer by the
board;
P. "responsible charge" means responsibility