|
________________
BY DAVE TODD, P.ENG.
Director, Compliance
__________________ |
 |
A professional geologist, licensed with APEGGA,
noticed the following commentary in a U.S. publication. The
geologist is a member who has taken an interest in this department's
goal of achieving 100 per cent compliance in the registration
of geoscientists in Alberta.
The article singles out geologists, identifying the reasons
for licensure and supporting licensure. Similar reasoning
can be applied to geophysics and engineering. Of particular
significance is that the article was published by a non-regulatory
body - not a regulatory one, such as APEGGA or a state board
- and therefore represents support from outside the regulatory
function.
BY JANET S. ROEMMEL
REPORTER Editor
The intention of state licensure laws is generally to protect
the public welfare, safety, and the environment, by regulating
the practice of geology. Because geologic hazards, environmental
contamination, and permitting often directly affect the public
safety and welfare, states are increasingly driven to regulate
the practice of geology. In addition, costs for remediation
of contaminated sites, hazard studies, water supply studies,
and environmental impact studies are not cheap. The public
or their resources can be harmed by unqualified practitioners
practicing geology. A lot is at stake when something goes
wrong.
Persons engaging in the practice of geology are required
by state laws to register with the state(s) in which they
practice in order to be accountable for their work products
before the public. The registration or licensure process typically
includes documenting education, relevant professional work
experience, and competence in the field by successfully passing
an examination.
Numerous environmental geologists working on cleanups of
petroleum contaminated sites are affected by these laws. Texas
and Utah illustrate recent examples of new licensure programs
that will affect environmental and engineering geologists,
in particular. Often for states like these to be successful
in passing licensure laws, legislators include an exemption
for geologists practicing in the extractive minerals and oil
and gas industries. Furthermore, petroleum and minerals geologists
often work in proprietary settings, and may not directly affect
the public through their practice.
Carrots and Sticks
Licensure programs can be effective for the public in two
ways. First, the gate-keeping function intends to limit licensed
geologists to only qualified people, who the public can readily
identify. Second, programs allow that the unlawful or unprofessional
practitioner can be disciplined. Although the motivation for
state legislatures may be to protect public safety, welfare,
and the environment, a secondary effect of licensure is the
tendency to raise the bar of professionalism. Licensed or
registered practitioners recognize that their reputation and
livelihood are at stake for any project they work on.
Practitioners can display a credential to potential clients
or employers showing that they have achieved a minimum set
of standards. It is one benchmark that the public can use
to ascertain if a geologist is qualified to be in charge of
the work.
Even with an "industry exemption" for petroleum
and minerals, many petroleum geologists and AAPG members,
as well as the environmental geologists, are opting to become
licensed or registered -- whether or not it is required for
the specific tasks they perform. Independent consultants may
find the extra credential beneficial in setting themselves
apart from others.
On a practical note, a petroleum geologist may not be employed
as a petroleum geologist forever. Job or position changes
within and between companies may require re-tooling to a different
discipline, such as environmental geology. The license then
becomes an asset when marketing or job hunting.
Of course a license does not preclude unlawful practice of
geology. Some practitioners may not find the credibility and
credentials garnered from registration enough incentive to
always perform in a way that minimizes their liability.
The stick is the answer for them. Unprofessional or unlawful
conduct is met with a disciplinary system that follows due
process. In contrast, the public has no recourse to rectify
unlawful or unprofessional geologic work, except through the
courts, when no licensure law exists.
Most registration laws prohibit professional geologists from
practicing outside their areas of expertise. If a professional
geologist is found to be practicing outside their qualifications,
the public has a mechanism to file a complaint for the state
to investigate and discipline the practitioner, if warranted.
Recent Laws
Two states with new licensure laws and a lot of AAPG members
are Texas and Utah. Both states are in the process of setting
policies and rules and creating an opportunity for qualified
practitioners to be licensed. Texas will allow applicants
to qualify without an examination until Sept. 1, 2003, and
Utah will allow applicants to qualify without an examination
until Dec. 31, 2003.
The above article is republished with permission from the
American Association of Petroleum Geologists Explore. It appeared
in August 2002 on the REPORTER page.
Background on the AAPG
The American Association of Petroleum Geologists, an international
organization and the world's largest single geological professional
society, supports the professional practice of geology in
its environmental, ground water and engineering applications,
as well as in oil and gas exploration and development. AAPG
is concerned that properly qualified individuals with the
highest professional and ethical standards should practice
geology.
To that end, the association instituted its Division of Professional
Affairs in 1965. That was followed by the Division of Environmental
Geosciences in 1992.
The divisions and the membership affirm that the public practice
of geology should be conducted by individuals who have satisfactorily
demonstrated that they possess the necessary educational qualifications
and practical experience to do so in a professional and ethical
manner.
|
