Introduced By: Senator Irons
Date Introduced : May 12, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-1-7, 5-1-10, 5-1-13 and 5-1-15.1 of the General Laws in Chapter 5-1 entitled "Architects" are hereby amended to read as follows:
5-1-7. Practice prohibited -- Criminal penalties -- Injunctions.
-- (a) {DEL Except as provided in sections 5-1-9 and
5-1-14, no DEL} {ADD No ADD} individual shall {ADD : (i) ADD} practice
or offer to practice architecture in this state {ADD ; ADD} or {ADD (ii) ADD}
use any title, sign, card, or device implying that {DEL that DEL}
{ADD such ADD} individual is an architect or is competent to practice
architecture {DEL , DEL} {ADD in this state; or (iii) use
in connection with his or her name or otherwise any title or description
conveying or tending to convey the impression that such individual
is an architect or is competent to practice architecture in this
state; or (iv) use or display any words, letters, figures, seals,
or advertisements indicating that such individual is an architect
or is competent to practice architecture in this state, ADD} unless
that individual holds a currently valid certificate issued pursuant
to this chapter {DEL . DEL} {ADD or is specifically exempted
therefrom under the provisions of this chapter. ADD}
(b) {DEL Except as provided in sections 5-1-9, 5-1-13, and
5-1-15, no DEL} {ADD No ADD} sole proprietorship, partnership,
or corporation {DEL , DEL} shall practice {ADD :(i) ADD} {ADD practice ADD} or
offer to practice architecture in this state {ADD ; ADD} or {ADD (ii)
ADD}use any title, sign, card, or device implying that the sole
proprietorship, partnership, or corporation {DEL , DEL}
is competent to practice architecture {ADD in this state; or (iii)
use in connection with its name or otherwise any title or description
conveying or tending to convey the impression that such entity
is an architectural firm or is competent to practice architecture
in this state; or (iv) use or display any works, letters, figures,
seals, or advertisements indicating that such entity is an architectural
firm or is competent to practice architecture in this state ADD}
unless that sole proprietorship, partnership, or corporation {DEL , DEL}
complies with the requirements of this chapter.
(c) Any individual, sole proprietorship, partnership, or corporation {DEL , DEL}
which {ADD : (i) ADD} violates subsection (a) or (b) of this section {ADD ; ADD}
{ADD or (ii) presents or attempts to use the certificate of registration/authorization
of another; or (iii) gives any false or forged evidence of any
kind to the board or to any member thereof in obtaining or attempting
to obtain a certificate of registration/authorization; or (iv)
falsely impersonates any other registrant whether of a like or
different name; or (v) uses or attempts to use an expired, revoked,
or non-existent certificate of registration/authorization; or
(vi) falsely claims to be registered under this chapter; or (vii)
otherwise violates any provision of this chapter, ADD} shall be
guilty of a misdemeanor, and upon conviction by a court of competent
jurisdiction shall be sentenced to {ADD :(i) ADD} pay a fine of not
more than one thousand dollars ($1,000) for the first offense
and a fine of not less than {ADD one thousand dollars ($1,000.00)
nor more than two thousand dollars ($2,000.00) ADD} {DEL five
hundred dollars ($500) DEL} for each subsequent offense or
imprisonment for not more than one year or both {DEL . DEL}
{ADD ; and (ii) in the court's discretion and upon good cause shown,
reimburse the board for any and all fees, expenses, and costs
incurred by the board in connection with such proceedings, including
attorneys fees (which amounts shall be deposited as general revenues);
and (iii) be subject to, in the board's discretion, public censure
or reprimand. ADD}
(d) The board shall have the power to institute injunction proceedings in superior court to prevent violations of subsection (a) or (b) of this section or violations of section5-1-12. In injunction proceedings, the board shall not be required to prove that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violations. {ADD The superior court, in its discretion and in addition to any injunctive relief granted to the board, may order that any person or entity in violation of this section shall: (i) upon good cause shown reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such proceedings, including attorneys fees (which amounts shall be deposited as general revenues); and/or (ii) be subject to public censure or reprimand. ADD}
5-1-10. Issuance and renewal of certificates. -- (a) Upon payment of the fees required by section 5-1-11, an individual who has complied with section 5-1-8 or 5-1-9 shall be entitled to a certificate of registration indicating that he or she is qualified to practice architecture in this state. Each certificate of registration shall contain the name of the individual to whom it was issued and his or her date of birth.
(b) Every certificate of registration shall {ADD be valid for a
period of two (2) years and shall ADD}expire on the last day of
December {ADD of each odd numbered year ADD} following its issuance.
An architect may renew his or her certificate of registration
by paying the renewal fee required by section 5-1-11. An architect
who fails to renew his or her certificate of registration prior
to December 31 may not thereafter renew his or her certificate
of registration except upon payment of the renewal {DEL fee DEL}
{ADD fee(s) ADD} and the additional fee required by section 5-1-11.
{ADD The board may require all applicants for renewal to provide
the board with such information, including but not limited to
a brief outline setting forth the professional activities of any
applicant during a period in which a certificate of registration
has lapsed and other evidence of the continued competence and
good character of the applicant, all as the board deems necessary. ADD}
(c) A duplicate certificate of registration to replace one which has been lost, destroyed, or mutilated may be issued by the board upon payment of the fee required by section 5-1-11.
5-1-13. Revocation or suspension of certificates of registration
or of authorization. -- After notice and hearing as provided
in section5-1-13.1, the board may {ADD in its discretion: ADD} (a)
suspend {DEL for a period not exceeding two (2) years, or DEL}
revoke {ADD or refuse to renew ADD} any certificate of registration;
{ADD and/or ADD} (b) revoke or suspend {ADD or refuse to renew ADD}
any certificate of authorization {DEL issued under the provisions
of section5-1-10; DEL} and {ADD /or ADD}(c) publicly censure,
or reprimand or censure in writing, {ADD and/or (d) ADD} limit the
scope of practice of {DEL , DEL} {ADD ;and/or (e) ADD} impose
an administrative fine upon (not to exceed one thousand dollars
($1,000) for each violation) {DEL , DEL} {ADD ; and or (f) ADD}
{DEL or DEL} place on probation {DEL , DEL} {ADD ;
and/or (g) for good cause shown, order a reimbursement of the
board for all fees, expenses, costs, and attorneys fees in connection
with such proceedings (which amounts shall be deposited as general
revenues), ADD} with or without terms, conditions or limitations,
holders of a certificate of registration or a certificate of authorization,
(hereafter referred to as licensee(s), for any or more of the
following causes:
(1) Bribery, fraud {ADD , deceit ADD}or misrepresentation in obtaining a certificate of registration or certificate of authorization;
(2) Practicing architecture in another state {DEL or country DEL}
{ADD country/jurisdiction ADD} in violation of the laws of that state
or country {ADD /jurisdiction ADD};
(3) Practicing architecture in this state in violation of the standards of professional conduct established by the board;
(4) Fraud, deceit, recklessness, gross negligence, {ADD misconduct, ADD} or incompetence in the practice of architecture;
(5) Use of an architect's stamp in violation of section 5-1-12;
(6) Violation of any of the provisions of this chapter;
(7) Suspension or revocation of the right to practice architecture before any state or before any other country/jurisdiction;
(8) Conviction of or pleading guilty or nolo contendere to {ADD any
felony or to any ADD} {DEL a DEL} crime {ADD of ADD} or an act constituting
a crime of{ADD , ADD} forgery, embezzlement, obtaining money under false
pretenses, bribery, larceny, extortion, conspiracy to defraud,
or any other similar offense or offenses involving moral turpitude,
in a court of competent jurisdiction of this state or any other
state or of the federal government;
(9) Failure to furnish to the board or any person acting on behalf thereof {ADD in a reasonable time ADD} such information as may be legally requested by the board;
(10) {DEL Any DEL} {ADD In conjunction with any violation
of subsections (1) through (9) above, any ADD} conduct reflecting
adversely upon the licensee's fitness to engage in the practice
of architecture; and
(11) {DEL Any DEL} {ADD In conjunction with any violation
of subsections (1) through (9) above, any ADD} other conduct discreditable
to the architectural profession.
5-1-15.1. Certificate of authorization for sole proprietorships, partnerships, or corporations. -- (a) A partnership, or corporation, shall be admitted to practice architecture in this state if (1) two-thirds (2/3) of the partners (if a partnership) or two-thirds (2/3) of the directors (if a corporation) are registered under the laws of any state or any reciprocal jurisdiction as defined by the National Council of Architectural Registration Boards to practice architecture or engineering; (2) one-third (1/3) of the partners (if a partnership) or one-third (1/3) of the directors (if a corporation), are registered under the laws of any state or reciprocal jurisdiction as defined by the National Council of Architectural Registration Boards to practice architecture; and (3) the person having the practice of architecture in his or her charge is himself or herself a partner (if a partnership) or a director (if a corporation) and registered to practice architecture in this state.
(b) The board is empowered to require any sole proprietorship, partnership, or corporation practicing architecture in this state to file information concerning its officers, directors, and other aspects of its business organization, upon such forms as the board prescribes.
(c) The practice or offer to practice architecture as defined by this chapter by a sole proprietorship, partnership, or corporation, hereinafter referred to as the "firm", through one or more architects registered under the provisions of this chapter, is permitted provided that said registered architect(s) are in direct control of such practice or exercise personal supervision of all personnel who act in behalf of the firm in professional and technical matters; and provided further that said firm has been issued a certificate of authorization by this board.
(d) Within one year after enactment of this chapter, every firm must obtain a certificate of authorization from this board and those individuals in direct control of such practice or who exercise personal supervision of all personnel who act in behalf of the firm in professional and technical matters must be registered with the board. The certificate of authorization shall be issued by the board upon satisfaction of the provisions of this chapter and the payment of a fee as determined by the board in accordance with section 5-1-11. This fee shall be waived if the firm consists of only one person who is the registered architect. Every firm must file with the board an application for a certificate of authorization on a form provided by the board.
{DEL (1) Every firm must renew its certificate of authorization
annually. DEL} {ADD (e) Every certificate of authorization
shall be valid for a period of two (2) years and shall expire
on the last day of December of each even numbered year following
its issuance. ADD} A separate form provided by the board is to
be filed with each renewal of the certificate of authorization.
The firm shall complete a renewal form within thirty (30) days
of the time any information previously filed with the board has
changed, is no longer true or valid, or has been revised for any
reason. If, in its judgment, the information contained on the
application and/or renewal form is satisfactory and complete,
the board will issue a certificate of authorization for the firm
to practice architecture in this state. {ADD The board may require
all applicants for renewal to provide the board with such information,
including but not limited to a brief outline setting forth the
professional activities of any applicant during a period in which
a certificate of authorization has lapsed and other evidence of
the continued competence and good character of the applicant,
all as the board deems necessary. ADD}
SECTION 2. This act shall take effect upon passage.
