Legislation
SECTION 7208-A
Exempt persons in or related to the profession of geology
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 145
§ 7208-a. Exempt persons in or related to the profession of geology.
Nothing in this article shall be construed to affect or prevent:
1. The employment and supervision of interns and other persons
qualified by education or experience by professional geologists as
assistants in the performance of geological services, or as consultants
or employees in special fields related to but not uniquely geology,
provided that the professional geologist employing or supervising such
persons shall not be relieved of any responsibility whatsoever by
delegation to such persons.
2. The practice of professional engineering by a professional engineer
licensed pursuant to this article to practice engineering in this state
or an entity authorized pursuant to section seventy-two hundred ten of
this article to provide engineering in this state, including the
investigation, acquisition, evaluation, and interpretation of the
physical and chemical properties of the soil, rock, groundwater, earth
materials and data related thereto, and the performance of activities as
specified in section seventy-two hundred four-a of this article,
provided that no such person shall use the designation, or hold himself
or herself out as a "professional geologist," unless licensed as such in
this state, and provided further that nothing in this chapter shall
preclude a licensed professional engineer or authorized entity from
offering to provide or providing the work enumerated in this
subdivision, however categorized, on the grounds that such licensed
professional engineer or authorized entity is not licensed to practice
geology.
3. The practice of land surveying by any person that is licensed or
otherwise authorized to practice land surveying in this state, provided
that no such person shall use the designation or hold himself or herself
out as a "professional geologist" unless licensed as such in this state.
4. The execution of work by contractors or by others of work prepared
by a professional geologist, or the superintendence of such work as a
superintendent, foreman or inspector.
5. The practice of the profession of geology by officers and employees
of this state practicing solely as officers and employees; provided,
however, that this exemption shall not apply to officers and employees
of the state of New York who commence employment or the performance of
work related activities after the effective date of this section.
6. The execution of geological research and/or teaching conducted at
accredited educational institutions and not-for-profit research
institutions, conducted solely through those institutions.
7. Work customarily performed by physical or natural scientists
provided such work does not include geological investigations, being in
responsible charge of geological work, or the drawing of geological
conclusions and recommendations.
8. Work customarily performed by water well drillers who have received
a certificate of registration pursuant to section 15-1525 of the
environmental conservation law.
Nothing in this article shall be construed to affect or prevent:
1. The employment and supervision of interns and other persons
qualified by education or experience by professional geologists as
assistants in the performance of geological services, or as consultants
or employees in special fields related to but not uniquely geology,
provided that the professional geologist employing or supervising such
persons shall not be relieved of any responsibility whatsoever by
delegation to such persons.
2. The practice of professional engineering by a professional engineer
licensed pursuant to this article to practice engineering in this state
or an entity authorized pursuant to section seventy-two hundred ten of
this article to provide engineering in this state, including the
investigation, acquisition, evaluation, and interpretation of the
physical and chemical properties of the soil, rock, groundwater, earth
materials and data related thereto, and the performance of activities as
specified in section seventy-two hundred four-a of this article,
provided that no such person shall use the designation, or hold himself
or herself out as a "professional geologist," unless licensed as such in
this state, and provided further that nothing in this chapter shall
preclude a licensed professional engineer or authorized entity from
offering to provide or providing the work enumerated in this
subdivision, however categorized, on the grounds that such licensed
professional engineer or authorized entity is not licensed to practice
geology.
3. The practice of land surveying by any person that is licensed or
otherwise authorized to practice land surveying in this state, provided
that no such person shall use the designation or hold himself or herself
out as a "professional geologist" unless licensed as such in this state.
4. The execution of work by contractors or by others of work prepared
by a professional geologist, or the superintendence of such work as a
superintendent, foreman or inspector.
5. The practice of the profession of geology by officers and employees
of this state practicing solely as officers and employees; provided,
however, that this exemption shall not apply to officers and employees
of the state of New York who commence employment or the performance of
work related activities after the effective date of this section.
6. The execution of geological research and/or teaching conducted at
accredited educational institutions and not-for-profit research
institutions, conducted solely through those institutions.
7. Work customarily performed by physical or natural scientists
provided such work does not include geological investigations, being in
responsible charge of geological work, or the drawing of geological
conclusions and recommendations.
8. Work customarily performed by water well drillers who have received
a certificate of registration pursuant to section 15-1525 of the
environmental conservation law.