Chapter 41 - Geologists
CHAPTER 41 - GEOLOGISTS
33-41-101. Short title.
Thisact shall be known and may be cited as the "Wyoming Geologists PracticeAct".
33-41-102. Definitions.
(a) As used in this act:
(i) "Board" means the Wyoming board of professionalgeologists within the department of administration and information;
(ii) Repealed By Laws 1997, ch. 170, 2.
(iii) Repealed By Laws 1997, ch. 170, 2.
(iv) "Geologist" means a person who is a graduate ofan institution of higher education that is accredited by a regional or nationalaccrediting agency, with a minimum of thirty (30) semester or forty-five (45)quarter hours of course work in geology;
(v) "Geologist-in-training" means a geologist who isa candidate for licensure who meets all other requirements for licensure asstated in this act except length of experience;
(vi) "Geology" means the science which treats of theearth in general, the earth's processes and its history, investigation of theearth's crust and the rocks and other materials which compose it, and theapplied science of utilizing knowledge of the earth's history, processes,constituent rocks, minerals, liquids, gases and other materials for the use ofmankind;
(vii) "Practice of geology" means the performance ofgeological services or work such as consultation, investigation, evaluation,planning, preparation of geologic reports and maps and inspection of geologicalwork;
(viii) "Practice of geology before the public" means theperformance of geological services or work including consultation,investigation, evaluation, planning, preparation of geologic reports and maps,the inspection of geological work and the responsible supervision of geologicalservices or work, the performance of which is relevant to public welfare or thesafeguard of life, health, property and the environment, unless exempt underthis act. "Practice of geology before the public" does not includecutting descriptions for water wells, descriptive logs for drill holes formineral exploration, lithologic descriptions and stratigraphic picks for oiland gas well logs, geologic information contained within notices and otherroutine forms required by state and federal agencies, geologic reports andother documents not available for dissemination outside of the entity preparingthe reports or documents, nor any technical papers or reports preparedspecifically for publication by the state or federal geological survey or byother geological, scientific or trade organizations;
(ix) "Professional geologist" means a geologist whohas met the academic and experience qualifications established by the board andhas been licensed by the board;
(x) "Qualified geologist" means an individual who isnot licensed under this act but who possesses all the qualifications forlicensure specified in this act;
(xi) "Responsible charge" means the independentcontrol and direction by use of initiative, skill and independent judgment ofgeological work or the supervision of the work;
(xii) "Subdiscipline of geology" means the recognizedpractice of geology, including but not limited to environmental geology,petroleum geology, engineering geology, geophysics, geochemistry andhydrogeology;
(xiii) "Subordinate" means any individual who practicesgeology or assists a professional geologist in the practice of geology withoutassuming the responsible charge for the work;
(xiv) "This act" means W.S. 33-41-101 through33-41-121.
33-41-103. Professional identification.
(a) Only individuals licensed by the board to engage in thepractice of geology shall use the designation of "professionalgeologist" or "P.G."
(b) Only professional geologists registered in a subdisciplineof geology shall use the term professional in conjunction with the title oftheir subdiscipline.
33-41-104. Prohibited acts and conduct.
(a) Unless duly licensed in accordance with the provisions ofthis act, no person in this state shall:
(i) Employ, use, cause to be used as a professional, businessor commercial identification title, name, representation, claim or means ofadvantage or benefit, the title "professional geologist" or anyvariation or abbreviation thereof;
(ii) Employ, use, cause to be used to make use of any letter,card, abbreviation, word, symbol, slogan, sign or any combination or variationthereof, which in any manner tends or is likely to create any impression withthe public or any member thereof, that any individual is a professional geologistor that any individual is qualified or authorized to practice geology beforethe public unless the individual is duly licensed under this act and ispracticing in accordance with the provisions of this act; or
(iii) Practice, continue to practice, offer or attempt topractice geology or any subdiscipline or part thereof before the public asdefined by this act.
(b) For purposes of this act, any person who performs or offersor attempts to perform any of the acts specified under subsection (a) of thissection is presumed to be engaged in the practice of geology before the public.
33-41-105. Creation of the board.
TheWyoming board of professional geologists is created within the department ofadministration and information to administer the provisions of this act.
33-41-106. Powers and duties; actions and proceedings.
(a) The board shall, pursuant to the Wyoming AdministrativeProcedure Act, promulgate and enforce all rules and regulations.
(b) The board shall not be required to give any appeal bond inany cause arising under this act. The attorney general shall represent theboard in all actions and proceedings to enforce the provisions of this act.
(c) Consistent with the provisions of the Wyoming GovernmentalClaims Act, each present and former member of the board, its agents, employees,and members of committees duly appointed by the board under this act to assistthe board in carrying out its duties and responsibilities, shall be exempt fromcivil liability for any act or omission occurring while acting in an officialcapacity.
(d) The board may employ or contract with individuals itdetermines necessary to administer its affairs and shall furnish necessarysupport and clerical services. Costs related to these services shall be paid fromthe funds of the board.
(e) The board shall prepare and promulgate a "code ofprofessional conduct" which shall be published and shall be acknowledgedand subscribed to by all professional geologists. The board may revise andamend the "code of professional conduct" from time to time and shallimmediately notify each licensee in writing of the revisions or amendments.
(f) The board may administer continuing education programs forindividuals regulated by the board under this act.
(g) The board shall have the authority to enter into interstateand intrastate agreements and associations with other licensing boards orboards of registration for the purpose of establishing reciprocity or comity,developing regional or national geologist examinations, evaluating applicantsor other activities to enhance the services of the board to the state, thelicensee and the public.
(h) The boardshall certify applicants that have met all requirements for ageologist-in-training, shall license qualified geologists that have met allrequirements for licensure as a professional geologist and may recognize andestablish subdisciplines of geologic practice, establish qualifications andexaminations and issue licenses in each subdiscipline to applicants that havemet all requirements established by the board.
33-41-107. Members of the board; appointment; terms of office.
(a) The board shall have six (6) members, to be appointed bythe governor, with the advice and consent of the senate. The state geologistshall be the seventh and a permanent member of the board. Insofar as possible,the board shall proportionally represent the various geologic subdisciplinespracticing in the state.
(b) Except for the state geologist, members of the board shallhold office for staggered terms of four (4) years. Each appointed member shallbe limited to serving on the board for eight (8) consecutive years. A membermay be reappointed after a four (4) year absence. Each member shall hold officeuntil his successor is appointed and has been qualified.
33-41-108. Qualifications of members of the board.
(a) All appointed members of the board shall be professionalgeologists. Minimum qualifications for these board members shall be:
(i) Residency of the state;
(ii) Seven (7) years practicing professional experience;
(iii) Five (5) years as a professional geologist but thisqualification shall be waived for the first six (6) years the board is inexistence; and
(iv) Two (2) years in a professional decision-making capacity.
33-41-109. Compensation and expenses.
Eachmember of the board not otherwise in full-time employment with the state shallreceive the same per diem and travel expenses as other state employees whileengaged in official business or actual duties of the board. The fees andexpenses shall be paid from the funds of the board.
33-41-110. Removal of members of the board; vacancies.
(a) Vacancies in the membership of the board shall be filledfor the unexpired term by the governor as provided by W.S. 33-41-107.
(b) The governor may remove any board member as provided byW.S. 9-1-202.
33-41-111. General requirements for registration.
(a) The following shall be considered as minimum evidencesatisfactory to the board that the applicant is qualified to be a professionalgeologist:
(i) A bachelors degree in geology granted through an accreditedinstitution of higher education approved by the board or graduation from anaccredited institution of higher education in a four (4) year academic degreeprogram other than geology, but with the required number of course hours toqualify as a geologist;
(ii) Certification as a geologist-in-training;
(iii) Successful completion of the board's examinations;
(iv) A specific record of four (4) years of active professionalpractice in geologic work of a character satisfactory to the board, indicatingthe applicant is competent to be placed in responsible charge of the work; and
(v) Submission of written endorsements from peers attesting tothe applicant's professional competency, the number and form of which shall bedetermined by rule and regulation of the board.
(b) Notwithstanding subsection (a) of this section, andeffective until July 1, 1998, the board may waive the requirements of paragraph(a)(iii) of this section for licensure as a professional geologist.
(c) Repealed By Laws 1997, ch. 170, 2.
(d) Any individual having the necessary qualificationsprescribed in this act is entitled to licensure even though the individual isnot practicing geology at the time of making the application.
33-41-112. Certification of geologist-in-training.
(a) The following shall be considered as minimum evidence thatthe applicant is qualified for certification as a geologist-in-training:
(i) A bachelors degree in geology granted through an accreditedinstitution of higher education approved by the board or graduation from anaccredited institution of higher education in a four (4) year academic degreeprogram other than geology, but with the required number of course hours toqualify as a geologist; and
(ii) A passing score on the board's examination in thefundamentals of geology.
(b) Notwithstanding subsection (a) of this section, andeffective until July 1, 1998, the board may waive the requirements of paragraph(a)(ii) of this section for certification as a geologist-in-training.
33-41-113. Applications; registration fees.
(a) Applications for licensure as a professional geologist orcertification as a geologist-in-training shall be on forms prescribed by theboard.
(b) The board shall not maintain unnecessary fund balances. The board shall establish reasonable and necessary fees pursuant to W.S.33-1-201 for the administration of this act for the following:
(i) Each examination or reexamination;
(ii) Each license or certificate and each renewal thereafter;
(iii) Each duplicate license or certificate where the original islost or destroyed and affidavit is made thereof.
33-41-114. Examinations.
Uponpayment of the examination fee, an examination shall be administered at a timeand place determined by the board. The scope of the examinations and themethods of procedure shall be prescribed by the board. The board may permitreexamination of an applicant on payment of an appropriate fee.
33-41-115. Licenses; seals.
(a) The board shall issue a license under a seal approved bythe board, to any applicant who has satisfactorily met all the requirements forlicensure as a professional geologist. The license shall show the full name ofthe licensee, a license number and shall be signed by the chairman of the boardunder the seal of the board.
(b) Upon notice of licensure, each licensee shall obtain a sealof design established by the board bearing the licensee's full name, licensenumber and the words "professional geologist".
(c) All documents offered to the public and prepared or issuedby or under the supervision of a professional geologist, shall include the fullname, signature, date, license number and seal of the licensee.
(d) It shall be unlawful for any individual to affix a seal onany document if the license of the licensee named thereon has expired or hasbeen suspended or revoked unless the license has been renewed or reissued.
33-41-116. Practice by firms, partnerships, corporations and jointstock associations.
(a) No firm, partnership, corporation or joint stockassociation collectively called "organizations" for the purpose ofthis section shall engage in the practice of geology before the public or use thetitle "professional geologist" except as follows:
(i) The geological work of the organization shall be performedby or under the supervision of one (1) or more professional geologists whoshall sign and seal all documents;
(ii) If the principal business of the organization, asdetermined by the board, is the practice of geology before the public, aprincipal, officer or director of the organization shall be a professionalgeologist and shall have overall supervision and control of the geological workperformed by the organization in this state;
(iii) The organization shall identify the principals, officers,and directors responsible for the geologic work, their license numbers, adescription of the geologic work or services offered to the public, and anyother information the board may require.
33-41-117. Exemptions.
(a) The following are exempt from the licensing provisions ofthis act if they do not use the title of professional geologist or are notdirectly represented or held out to the public to be legally qualified toengage in the practice of geology before the public:
(i) Any individual not a resident of and having no establishedplace of business in this state is exempt from the licensing provisions of thisact if the individual:
(A) Is legally qualified to practice geology in anotherjurisdiction whose requirements for practice have been deemed by the board tobe comparable to those required by this state;
(B) Has notified the board, in writing, of his intent topractice geology for a period not to exceed six (6) months in this state;
(C) Has provided proof of current registration or licensure inanother state recognized by the board; and
(D) Affixes the individual's seal from the jurisdiction state.
(ii) An individual who has recently become a resident of thisstate shall be exempt, at the board's discretion, from the licensing provisionsof this act if that individual:
(A) Has filed an application for licensure as a geologist withthe board and the application is pending board action;
(B) Is legally qualified to practice geology in anotherjurisdiction whose requirements for practice are similar to those required bythis state; and
(C) Affixes the individual's seal from the jurisdiction inwhich the individual is legally qualified to practice on all work completedwhile the application for a license to practice in this state is pending.
(iii) An employee or subordinate of an individual holding alicense under this act, or any employee of an individual exempted fromlicensure by paragraphs (i) and (ii) of this subsection is exempt fromlicensure under this act provided that the employee's practice does not includeresponsible charge;
(iv) Qualified engineers and land surveyors, registered by theboard of registration for professional engineers and professional landsurveyors pursuant to W.S. 33-29-114 through 33-29-139 are exempt from theregistration provisions of this act, providing, that no name, title, or wordsare used which tend to convey the impression that a nonregistered individual isoffering to perform services as a professional geologist;
(v) Any individual, individual practitioner or regularfull-time employee of a firm, partnership, association, corporation or otherbusiness entity engaged in the exploration for and development of coal,uranium, oil, natural gas, geothermal and other energy minerals, precious andnonprecious metals and minerals, industrial and other minerals, including sand,gravel and aggregate;
(vi) Individuals engaged in teaching or research in the physicalor natural sciences;
(vii) Individuals providing mineral abstracting services, leasebrokering services or prospect generation to other persons engaged in theexploration or development of fossil fuels or other mineral resources;
(viii) Individuals engaged in the practice of well drillingincluding drilling for water and for the exploration or development of fossilfuels or other mineral resources;
(ix) Individuals engaged in the practice of subsurface sewagedisposal;
(x) Individuals providing soils engineering, sampling, testingor other activities in or related to the agricultural application of soilssciences;
(xi) Individuals engaged in drafting, sampling, samplepreparation and routine laboratory work in which the elements of initiative,scientific judgment and decision making are either lacking or not required,including other activities which do not use scientific methods to process andinterpret geologic data;
(xii) Individuals practicing any profession or trade for which alicense is required by law, if the name, title or words are not used to conveythe impression an individual is offering to perform services as a professionalgeologist.
(b) Repealed By Laws 1997, ch. 170, 2.
33-41-118. Reciprocity or comity.
(a) The board may issue a license to any individual who hasmade application, has provided proof of certification, registration orlicensure under requirements which the board determines to be substantiallysimilar to those established pursuant to this act, and has paid any applicablefees.
(b) The board may also issue a license to any geologist who hasmade application and paid the applicable fees, has provided proof ofcertification, registration or licensure in another jurisdiction and hasprovided proof of experience in the practice of geology. The acceptable numberof years of experience and licensure shall be determined by the board.
33-41-119. Revocation, suspension, probation, reprimand, reissuance andrefusal of certificate.
(a) The board may take the following disciplinary actions,singly or in combination against a licensee, certificated geologist-in-trainingor organization as identified in W.S. 33-41-116, for any violation of this actor based upon professional disciplinary action taken in another jurisdiction:
(i) Deny issuance or renewal of a license or certificate;
(ii) Suspend or revoke a license or certificate in accordancewith the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115;
(iii) Censure, reprimand or issue public or private admonishment;
(iv) Impose limitations, conditions or restrictions;
(v) Require participation in a peer review program;
(vi) Require remedial education or training as prescribed by theboard;
(vii) Impose probation requiring regular reporting to the board;
(viii) Require restitution of compensation or fees.
(b) Any individual aggrieved by a decision of the board, shallhave the right to appeal the order of the board to the district court of thecounty of his residence in Wyoming, or of the county in which the allegedoffense relied upon as grounds for revocation took place.
(c) If the board proposes to suspend or revoke an individual'slicense or certificate, the person is entitled to a hearing before the board.
(d) The board may reissue a license or certificate to anyindividual whose license or certificate has been revoked, provided five (5) ormore members of the board vote in favor of the reissuance. A new license orcertificate, to replace any license or certificate revoked, lost, destroyed ormutilated, may be issued, subject to the rules of the board.
(e) Notwithstanding subsections (a) through (d) of thissection, upon receipt from the department of family services of a certifiedcopy of an order from a court to withhold, suspend or otherwise restrict alicense issued by the board, the board shall notify the party named in thecourt order of the withholding, suspension or restriction of the license inaccordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-41-120. Violations; grounds for discipline.
(a) Any individual who holds himself out to the public as aprofessional geologist in this state without being licensed or exempted inaccordance with the provisions of this act, or any individual presenting orattempting to use as his own the license or the seal or another, or any personwho shall knowingly give any false or forged evidence of any kind to the boardor to any member thereof in obtaining a license or certificate, or anyindividual who shall violate any of the provisions of this act is guilty of amisdemeanor and upon conviction may be fined not to exceed seven hundred fiftydollars ($750.00), imprisoned up to six (6) months, or both. A conviction in acourt of law for any of these offenses shall be grounds for the revocation ofthe license or certificate.
(b) Any professional geologist licensed under this act whoholds himself out to the public to practice a subdiscipline of geology in whichthe individual is not qualified or cannot demonstrate to the board that he isqualified to practice that subdiscipline violates the provisions of this act. A violation under this subsection shall be considered fraudulent practice andmay result in board action under W.S. 33-41-119.
(c) The board is charged with aiding in the enforcement of thisact, and the board may present to a district attorney complaints relating toviolations of any of the provisions of this act. The board through itsmembers, officers, counsel and agents may assist in the trial of any casesinvolving alleged violation of this act, under the direction of the districtattorney.
(d) The attorney general shall act as legal advisor to theboard and shall render legal assistance as may be necessary in enforcing andmaking effective the provisions of this act.
33-41-121. Applicability.
Thisact shall not be construed as repealing or amending any law affecting orregulating licensed professional engineers and professional land surveyorspursuant to the provisions of W.S. 33-29-114 through 33-29-139, nor shall thisact be construed to affect or prevent the practice of any other legallyrecognized profession by the members of the profession licensed by the state orunder its authority.