Multi-Organizational Reactions to Changes in the NCEES Model Law

Transcription

1 Multi-Organizational Reactions to Changes in the NCEES Model Law Summit Meeting: Licensing of Photogrammetrists and Other Geospatial Practitioners Washington, DC November 11, 2003 Jim Plasker ASPRS Executive Director Report and Slides:

2 NCEES What is That?! National Council of Examiners for Engineers and Surveyors! Coordinates information exchange among the jurisdictions (states and territories) on licensing issues! No statutory authority at NCEES level. Each jurisdiction is autonomous approximately 65 individual licensing Boards! NCEES Model Law is just that a model! NCEES also creates the common examinations used by most jurisdictions! Headquartered at Clemson South Carolina

3 Inter-disciplinary Relationships! Relationships Typically Symmetrical: Surveyors Engineers Engineers Architects Lawyers Surveyors Landscape Architects - Engineers! Symmetrical in that both sides of the practice area are licensed and well defined in the public s eyes! Geospatial Information Specialists Asymmetrical Profession not well defined, organized or licensed Yet extremely valuable to the public Potential for harm to public safety and welfare is low, but does exist in the gray areas between disciplines

4 Recent Licensing History! 1995 NCEES Modifies Model Law to include Photogrammetry and GIS/LIS ( Also initial North Carolina planning for licensure of photogrammetrists and GIS professionals)! 1996 Concerns raised/letters written by ASPRS, MAPPS, ASCE to NCEES. Discussion at Winter NCEES/POLC Meeting! 1997 Five National Organization Summit Meeting (ACSM, NSPS, MAPPS, ASPRS, ASCE). Agree to work together Form Multi-Organization Task Force (MOTF).! 1997 MOTF addresses Photogrammetric Issues! 1997/1998 MOTF Report delivered to NCEES (Covering non- GIS Issues Only)

5 Recent Licensing History (cont.)! 1998 NCEES modifies Model Law to include Savings Clause (Grandfather Language) per MOTF recommendation. Language modeled on North Carolina clause.! 1999 NCEES modifies Model Law to address issues related to Reciprocity/Comity and Ease of Mobility! 1999 Three GIS Organizations invited to participate in extension of MOTF to address GIS/LIS issues (URISA, NSGIC, UCGIS)! 2000 NCEES modifies policies related to broadening Examination coverage! 2000 MOTF Addendum to 1997 Report (covering GIS/LIS Issues) delivered to NCEES MAPPS Washington DC 2003

6 Recent Licensing History (cont.)! 2001 NCEES Task Force on Model Law appointed! 2001 Registration Boards Forum, Las Vegas and Workshop at NCEES Annual Meeting, Little Rock! 2002 NCEES Task Force issues Report. Generally endorses the MOTF recommendations.! 2002 NCEES Council accepts Report and begins implementation! 2003 URISA, ASPRS, NSGIC, GITA and others consider effort to encourage Jurisdictional adoption of revised Model Law and Model Rules! 2003 NCEES Council adopts revised Model Law and Model Rules

7 MOTF Organizations! American Congress on Surveying and Mapping (ACSM)! American Society of Civil Engineers - Geomatics Division (ASCE)! American Society for Photogrammetry and Remote Sensing (ASPRS)! Management Association for Private Photogrammetric Surveyors (MAPPS)! National Society of Professional Surveyors (NSPS)! National States Geographic Information Council (NSGIC)! Urban and Regional Information Systems Association (URISA)

8 MOTF Representatives ACSM John Dailey, PLS David W. Gibson, PSM ASCE Robert C. Burtch, PS, CP Steven D. Johnson, PLS ASPRS Karen Schuckman, LS, CP Doug Fuller, CP, CMS URISA Bruce Joffe, AICP MAPPS George Gross, PE G. Michael Ritchie, PLS, PE, CP NSPS Lee Hennes, PLS M. Greg Johnson, PLS, PE NSGIC Lynda Wayne Gene Trobia Facilitator James Plasker, PE MAPPS Washington DC 2003

9 Vision of the Profession! Continuum of Events and Milestones! Strong Educational Foundation! Logical Progression of Professional Growth

10 Vision of the Profession (cont.)! Examination on Professional Fundamentals! Professional Responsibility Through Practical Experience! Additional Examination(s) on Principles of Specific Practice! Continuing Professional Development Throughout Career

11 Significant Licensing Issues! Identity of the Profession! Education requirements! Examinations! Grandfathering

12 Licensing Issues (cont.)! Reciprocity/Comity! Exclusion of Practice! Continuing Education/Professional Development

13 Licensing Issues (cont.) GIS Issues! Breadth of Preamble Paragraph! Licensing: Practice v. Use of Tools! Regulatory Interest: High v. Low

14 Recommendations - Identity of the Profession! Retitle Model Law! Use Generic Language! Reserve Term Professional Land Surveyor

15 Recommendations - Education Requirements! Four Year Degree! ABET Accredited Program Preferred

16 Recommendations - Examinations! NCEES Exam Inclusive of All Covered Disciplines! Three part examination 1. Fundamentals of Measurement Science 2. Principles and Practice (Discipline-based) 3. Legal and Boundary Practice (Jurisdiction-specific)

17 Recommendations - Examinations (cont.)! Part 2 Exam Provide Wide Choice of Disciplines! Common Designations 1. Surveyor and Mapper Intern 2. Geomatics Professional 3. Professional Land Surveyor

18 Recommendations - Examinations (cont.)! Transfer of Exam Credit Among Jurisdictions! Expand Practice from Part 2 to Part 3 by Additional Exam! NCEES Utilize ASPRS Exam Resources

19 Recommendations - Grandfathering! Adopt Uniform Guidelines! Accomplished During 1998 Annual Meeting

20 Recommendations - Reciprocity/Comity! Recognize Generic Professional Practice Across Jurisdictions! Simplify mobility! Responsive to NAFTA Goals

21 Recommendations - Exclusion of Practice! Promulgate Guidelines! Recognize Areas of Low Regulatory Interest

22 Recommendations - Continuing Education! Standardize Criteria! Streamline Recording of Credits CEU s PDU s

23 NCEES Model Law: GIS Community Concern - Preamble Paragraph Practice of Surveying or Land Surveying - The term Practice of Surveying or Land Surveying, within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of surveying or land surveying includes, but is not limited to, any one or more of the following:

24 Preamble Paragraph NCEES Revision (Baltimore 2003) Practice of Surveying The term Practice of Surveying, within the intent of this Act, shall mean providing, or offering to provide, professional services using such sciences as mathematics, geodesy, and photogrammetry, and involving both (1) the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on, or below the earth and (2) providing, utilizing, or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions, or projects. Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any one or more of the following:

25 NCEES Model Law: GIS Community Concern - Practice vs Tools! (d) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (c).

26 Practice vs. Tools NCEES Revision (Baltimore 2003)! (d) Creating, preparing, or modifying electronic, computerized, or other data, relative to the performance of the activities in the above described items a. through c.! (i) Creating, preparing, or modifying electronic or computerized or other data, relative to the performance of the activities in the above described items e. through h.

27 Regulatory Interest - Inclusion NCEES Model Rules (Baltimore 2003) 1. The creation of maps and georeferenced databases representing authoritative locations for boundaries, the location of fixed works, or topography. This includes maps and georeferenced databases prepared by any person, firm, or government agency where that data is provided to the public as a survey product.

28 Regulatory Interest - Inclusion NCEES Model Rules (Baltimore 2003) 2. Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes: geodetic control, orthoimagery, elevation and hydrographic, fixed works, private and public boundaries, and cadastral information. 3. Certification of positional accuracy of maps or measured survey data.

29 Regulatory Interest - Inclusion NCEES Model Rules (Baltimore 2003) 4. Adjustment or authoritative interpretation of raw survey data. 5. Geographic Information System (GIS) based parcel or cadastral mapping used for authoritative boundary definition purposes wherein land title or development rights for individual parcels are, or may be, affected.

30 Regulatory Interest - Inclusion NCEES Model Rules (Baltimore 2003) 6. Authoritative interpretation of maps, deeds, or other land title documents to resolve conflicting data elements. 7. Acquisition of field data required to authoritatively position fixed works or cadastral data relative to geodetic control.

31 Regulatory Interest - Inclusion NCEES Model Rules (Baltimore 2003) 8. Analysis, adjustment or transformation of cadastral data of the parcel layer(s) with respect to the geodetic control layer within a GIS resulting in the affirmation of positional accuracy.

32 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) A distinction must be made in the use of electronic systems between making or documenting original measurements in the creation of survey products, versus the copying, interpretation, or representation of those measurements in such systems. Further, a distinction must be made according to the intent, use, or purpose of measurement products in electronic systems to determine a definitive location versus the use of those products as a locational reference for planning, infrastructure management, and general information. The following items are not to be included as activities within the definition of surveying: MAPPS Washington DC 2003

33 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) 1. Creation of general maps: a. Prepared by private firms or government agencies for use as guides to motorists, boaters, aviators or pedestrians; b. Prepared for publication in a gazetteer or atlas as an educational tool or reference publication; c. Prepared for or by education institutions for use in the curriculum of any course of study; d. Produced by any electronic or print media firm as an illustrative guide to the geographic location of any event; e. Prepared by laypersons for conversational or illustrative purposes. This includes advertising material and users guides. MAPPS Washington DC 2003

34 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) 2. The transcription of previously georeferenced data into a GIS or LIS by manual or electronic means, and the maintenance thereof, provided the data are clearly not intended to indicate the authoritative location of property boundaries, the precise definition of the shape or contour of the earth, and/or the precise location of fixed works of humans.

35 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) 3. The transcription of public record data, without modification except for graphical purposes, into a GISor LIS-based cadastre (tax maps and associated records) by manual or electronic means, and the maintenance of that cadastre, provided the data are clearly not intended to authoritatively represent property boundaries. This includes tax maps and zoning maps.

36 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) 4. The preparation of any document by any federal government agency that does not define real property boundaries. This includes civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other such documents.

37 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) 5. The incorporation or use of documents or databases prepared by any federal agency into a GIS/LIS, including but not limited to, federal census and demographic data, quadrangle topographic maps, and military maps.

38 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) 6. Inventory maps and databases created by any organization, in either hard-copy or electronic form, of physical features, facilities, or infrastructure that are wholly contained within properties to which they have rights or for which they have management responsibility. The distribution of these maps and/or databases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, data source(s) and date(s), and disclaimers of use clearly indicating that the data are not intended to be used as a survey product.

39 Regulatory Interest - Exclusion NCEES Model Rules (Baltimore 2003) 7. Maps and databases depicting the distribution of natural resources or phenomena prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to document such data. 8. Maps and georeferenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute. This includes georeferenced data generated by law enforcement agencies involving crime statistics and criminal activities.

40 Disclaimer Important to distinguish purpose/intended use Sample (from Oregon): This product is for informational purposes and may not have been prepared for, or be suitable for: legal; engineering; or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. MAPPS Washington DC 2003

41 Remaining Issues! Examination Strategy(ies)! Promulgation/adoption of Model Law! Avoiding the Gap The Florida Problem (Debacle?) The Carolina Alternative The Oregon Process

42 Final Thoughts! MOTF sought comment and input throughout the process, including public presentations, articles and web postings of materials! Recommendations were developed through a consensus process! comments to: jplasker@asprs asprs.org! All comments will be shared with the MOTF

43 Multi-Organizational Reactions to Changes in the NCEES Model Law Summit Meeting November 11, 2003 Report and Slides: