"Licensed to Practice"
No ... we're not talking about physicians - or attorneys. Professionals employed in the many facets of GIScience (GIS, remote sensing, GPS) may be required to maintain a license to apply some of their skills in the future. During the Spring of 2000, the SC Legislature approved Senate Bill 398 (referred to herein as "The Surveyor Bill/Law") which places requirements on some GIS professionals who practice in South Carolina. The bill became law on May 26, 2000 and is included in the SC Code of Laws as Chapter 22 of Title 40.
History
The Surveyor Bill was introduced to SC GIS practitioners during a meeting of the GIS Standing Committee of the Governor's Information Resources Council (IRC) in May of 1999. Representatives from the SC Society of Professional Land Surveyors presented the update of SC Engineering and Surveying Licensure requirements already introduced in the legislature (Senate Bill S 398). The IRC GIS committee identified several concerns with the bill and forwarded comments to the SC Senate Labor, Commerce and Industry Committee (LCI) for consideration. After a subcommittee hearing of the SC Senate, the LCI staff was directed to work out differences in opinion so the bill could proceed to the floor for a vote. Because some practitioners continued to disagree with the legislation, formal opposition was forwarded to the Senate (ie. Mayor of Greenville, Richland County Council) and the bill was not moved out of committee. Following months of debate and some editing, the Surveyor Bill was prefiled in the following legislative session on December 7, 1999 as Senate Bill 962. S 962 was approved by the House and Senate and signed into law by the Governor on May 26, 2000.
The Intent of the Licensing Effort
The Surveyor Bill was introduced to the GIS community as an update of the SC Engineering and Surveying Licensure law to reflect changes in a national Model Law for surveying developed by the National Council of Examiners for Engineering and Surveying (NCEES) in 1995-1996. Requiring licensure was also intended to protect the health, safety, and welfare of the public with regard to the use of GIS. When S 398 was introduced, the Model Law expanded the definition of land surveying to include GIS activities and practices. By including technologies such as GIS in the definition, the NCEES wanted to make sure that professionals were licensed in surveying regardless of the data collection methods employed. Unfortunately, the original language was broad enough to be interpreted as requiring licensure for a majority of GIS activities.
The Unintended Effect?
Whether intended or not, expanding the NCEES Model Law definition of surveying to include the use of GIS has had a significant negative impact on the way people do business. In California, for example, the development and maintenance of parcels in each County must be supervised by a licensed surveyor. "Board (California Board of Registration for Professional Engineers and Land Surveyors) members believe that the public safety and welfare needs protection from ignorant or arrogant misuse of GIS data by government functionaries (Joffe & Johnson, Geo Info Systems, Jan. 1999)." Beyond county parcel data, California is taking the position that "...any and all activities having to do with spatial data are to be performed by professional surveyors (Schmidt, Professional Surveyor, Oct. 1999)." For example, in 2001 the California State Water Resources Control Board (SWRCB) adopted Emergency Regulations requiring the collection of underground storage tank (UST) data. A legal opinion issue by the State Legal Affairs office determined that locating the USTs using GPS constitutes "land surveying," as defined by the California law.
Local governments are also experiencing the consequences of similar legislation in New York. "A case recently brought to my attention involved a New York county planning department informed by the state attorney that by collecting positions and attribution on fire hydrants, the county was practicing surveying without a license. The case hadn't yet been elevated to the courts, but a successful ruling would mean that asset, infrastructure and facilities management would have to be conducted under the responsible charge of a licensed surveyor--even for municipalities and utilities (Pendleton, GeoWorld, June 2002)." The unanticipated costs of such requirements severely limit the capabilities and potential success of GIS implementations that already carry a considerable financial burden.
Beyond the increased cost of doing GIS business, the effect on technology within a larger scope is also being felt. At a time when each issue of civil engineering and public works journals contain at least one article on GIS, GPS, or remote sensing, the legal requirements necessary to use these tools are being expanded. Civil engineering firms across the country are beginning to realize the benefits of collecting, maintaining, and analyzing data in a GIS framework. Are businesses willing to add licensed GIS Mappers to the staff to supervise work that can often be handled by engineers? The answer to that question and the quantifiable impact on such businesses may only be answered after the licensing requirement goes into effect.
The Debate
From a national perspective, implications of the expanded definition of surveying caused great concern in the GIS community. To address those concerns, the NCEES gathered a Task Force that included seven organizations representing GIS practitioners in the U.S. The Task Force completed a consensus report on the issue in October of 2000 recommending significant changes in the Model Law.
Copies of the Task Force Report are maintained on several professional society sites and may be downloaded for review:
| www.asprs.org/asprs/news/GIS_LIS_report_final.doc | ||||||||
| www.asprs.org/asprs/news/GIS_LIS_report_final.pdf | ||||||||
Many of the concerns identified in the Task Force report echoed those of the SC GIS community. Such items included the interpretation of Model Law language that over-reached the legitimate professional jurisdiction of the practice of surveying, the licensure of GIS and GPS as a tool or method (as opposed to licensure of the professional practice of surveying), and impediments in the utilization of new and evolving remote sensing technologies (ex. lidar).
Because the original bill introduced in SC included GIS, GPS, and remote sensing, the debate was focused on the philosophical differences between licensing a professional practice and licensing tools that many practitioners use for various applications. The technology of remote sensing was removed from the bill during the consensus-building process. That process also included the development of a laundry list of practices exempt from licensure (Section 40-22-290).
A comparison has been drawn between the licensure of using GIS to using a calculator for engineering purposes. Both are tools used by professionals. However, a license is not required to use a calculator. Will engineers be required to maintain a GIS Mapper license to enter data into GIS? Would an engineer, not licensed as a GIS Mapper, be deemed practicing outside of his licensed profession if calculation for surface models were done using GIS? Furthermore, a narrow view of GIS does not consider the complexity and appropriateness of use for disparate spatial data models, interpolation methods, database functions, projections, or other similarly important elements of a GIS. Remarkably, projecting data and measuring on the real (not flat) earth is actually dismissed by many surveyors. The concepts required for measuring and mapping a curved surface are given the educational equivalent to a "...ten-minute token nod to geodetic surveying..." ending with "...the tongue-in-cheek remark, 'Therefore, for this class, we will respect the time-honored principle handed down through the ages - that the earth is flat (McGray, Point of Beginning, Jan. 2001)."
Lets Rise Above the Rhetoric
Influencing the result of this debate has been especially difficult for GIS professionals. As a technology that crosses many disciplines and is utilized by technicians and managers, GIS does not have a coordinated base of negotiating power. Unlike the surveying community, GIS practitioners do not have decades of experience lobbying legislators, a recognized network of political and business contacts, or legal authority to manage their profession. More troubling than the lack of power to direct their own practices, GIS users do not understand why some in the surveying community promote such a bitterly protectionist reasoning for licensing the use of GIS. A fear of professional extinction and opinions of rightful ownership of GIS have blanketed surveying publications for several years. Published quotes include:
| "With all this sophisticated technology on the near horizon, what is the surveyor and mapper to do? I can offer two choices-become a lawyer or become a consultant." - Fred W. Henstridge commenting on GPS and remote sensing technologies (Professional Surveyor, May/June 1997). | ||||||||
| "Who Will Control the GIS?" - Fred W. Henstridge reviewing the debate and laws of licensure for GIS use (Professional Surveyor, Nov. 1999). | ||||||||
| "It is true: land surveyors should be the unquestionable head honchos when it comes to designing GIS, specifying the level of accuracy needed for each layer and ensuring the base control...The point of this column is that we have been involved in GIS for years, mostly without knowing it and could capitalize on that experience to sell ourselves as 'data information' experts without being able to spell 'GIS'...We think more like GIS programmers and GIS data users than they themselves do." - Wendy Lathrop establishing rightful ownership of GIS by surveyors (Professional Surveyor, Oct. 1999). | ||||||||
| "4. Essay. GIS. As much time as you want. Enjoy. Have a field day with this one. Remember, you are preaching to the choir. Outline a proposal for a state law; tell 'GIS accuracy' horror stories." - Gavin Schrock in a parody of a surveyors licensing exam (Professional Surveyor, Jan. 2001). | ||||||||
| "But, I personally don't like the idea of relinquishing my 'expert measurer' job to just any skateboarder with an a Acme GPS Decoder, do you? OK, so how do we play defense with that issue?" - Jerry McGray commenting on technologies he observed while attending his first ESRI User Conference (Point of Beginning, Sept, 2001). | ||||||||
| "There is an inherent synergy between surveying and geomatics. Their discrete functions play into each other...This synergy is far from a synthesis, but it's as good as the relationship between surveying and geomatics is likely to get." - Wilhelm A. Schmidt call for mutual respect and management of professions between surveying and GIS (Professional Surveyor, Oct. 1999). | ||||||||
| "Finally, I do not think that licensure for the protection of the public will be desirable in geomatics. 'Blasphemy!' I hear many of you say, 'Licensure is sacred!' But is it really? Are we actually protecting the public or ourselves?" - James P. Weidener observing that licensure of GIS activities in surveying is actually undesirable and may be exclusive, not inclusive (Civil Engineering News, May 2002). | ||||||||
| "Whatever your side, and regardless of who is right or wrong, it's in the best interest of all parties to settle these issues so we can move on with the work at hand." - Greg Pendleton highlighting the positive results of the NCEES Model Law Task Force (GeoWorld, June 02). | ||||||||
The SC Law
Section 40-22-20(23) - Definition of surveying: "'Practice of TIER A land surveying' means providing professional services including, but not limited to, 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, the space above the earth, or part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, site plan, report, description, or project. The practice of TIER A land surveying consists of three separate disciplines: land boundary surveying, photogrammetry, and geographic information systems/land information systems (GIS/LIS). A land surveyor may be licensed in one or more of the disciplines and practice is restricted to only the discipline or disciplines for which the land surveyor is licensed. The practice of TIER A land surveying does not include the use of the GIS or LIS to create maps pursuant to Section 40-22-290, analyze data, or create reports.
The scope of the individual disciplines are identified as follows:
| (a) Land Boundary Surveyor: | ||||
| (1) locates, relocates, establishes, re-establishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any fixed works embraced within the practice of land surveying, or makes any survey for the subdivision of land; | ||||||||||||
| (2) determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces such monument or reference; determines the topographic configuration or contour of the earth's surface with terrestrial measurements; conducts hydrographic surveys; | ||||||||||||
| (3) conducts geodetic surveying which includes surveying for determination of geographic position in an international three-dimensional coordinate system, where the curvature of the earth must be taken into account when determining directions and distances; geodetic surveying includes the use of terrestrial measurements of angles and distances, as well as measured ranges to artificial satellites. | ||||||||||||
| (b) A photogrammetric surveyor determines the configuration or contour of the earth's surface or the position of fixed objects thereon by applying the principles of mathematics on remotely sensed data, such as photogrammetry. | ||||
| (c) A geographic information systems/land information systems mapper creates, prepares, or modifies electronic or computerized data including land information systems and geographic information systems relative to the performance of the activities described in subitems (a) and (b) above." | ||||
Section 40-22-225 - Identifies the minimum academic and experience requirements for licensure. Of note to geography graduates, the degree requirement is that of a Bachelor of Science approved by the licensing board. The section also describes the process by which individuals currently practicing GIS can be issued a license via a "grand-father" clause.
Section 40-22-290 - Lists several practices that do not require licensure.
As defined above, there are three separate disciplines requiring licensure as a land surveyor in SC.
| (1) A Land Boundary Surveyor License is required for traditional boundary surveying, setting survey monuments, calculating surfaces and contours from survey data, and using GPS. | ||||||||
| (2) A Photogrammetric Surveyor License is required for calculating surfaces and contours using remote sensing data and aerial photography. (Note: Photogrammetry is not a data source as described in the law. It is the science and technologies required to extract information from photography.) | ||||||||
| (3) A GIS Mapper License is required to record or maintain boundary, monument, contour, or GPS data. | ||||||||
What is the difference between Tier A and Tier B Land Surveying?
A second designation of land surveying (Tier B) is defined for those individuals who also practice some civil engineering design associated with land development. A Tier B surveyor is licensed to design and map open (requiring no manmade engineering structures) stormwater systems and erosion control elements of land developments. Such plans are often based on land drainage calculations. The Tier B Surveyor license is not intended for the majority of GIS professionals in that they do not design engineering plans.
Do I Have to Apply for a License to use GIS?
That is the number one question at this time. Some practices are clearly within the scope of licensure as defined in Section 40-22-20(23). Unless specifically exempt in Section 40-22-290, you will need to be licensed as a GIS Mapper (Surveyor) to:
Every individual using GIS does not have to maintain a license if they are supervised by a licensed surveyor.
Do I need a license to collect GPS data?
GPS activities are identified in Section 40-22-20(23)(a)(3) above. As written in the law, a Land Boundary Surveyor license is required to collect GPS data that is not exempt from licensure in Section 40-22-290.
Will City/County GIS Require Surveyor Supervision?
Most GIS activities conducted at a SC city or county are exempt. Section 40-22-290 specifically exempts the conversion of all existing documents and land records (e.g. tax maps and deeds) to digital parcel layers. With respect to local government GIS, Section 40-22-290(9) exempts:
| "the work of any official or employee of a political subdivision of this State while in the performance of their official duties involving Emergency 911 mapping, land use mapping, property tax mapping, remote sensing and implementation, maintenance, creation, and distribution of mapping grade GIS data as part of a political subdivision's geographic information system not to include TIER A land surveying activities as enumerated in Section 40-22-20(23) involving the creation of other than mapping grade GIS data." | ||||||||
A couple of notes on this legal language and sentence structure may prove insightful. In consulting with government attorneys, the following are noted (only as information from meetings with attorneys and not intended to be a legal opinion constituting practicing law):
If you are orthorectifying photos collected from aircraft, Section 40-22-20(23) states that such calculations require supervision by a photogrammetric surveyor. If the work is being completed by a SC government (state/local) employee as part of an official mapping grade GIS data collection mission, a case for exemption may be made from the language in Section 40-22-290. Because all satellite remote sensing is specifically exempt, orthorectifying the latest high-resolution satellite imagery (61cm panchromatic) does not require a surveyor license.
When does the Law go into effect?
The grand-father clause in Section 40-22-225 identifies experience requirements for currently practicing GIS professionals beginning June 30, 2001. That means that the 'clock' is already ticking on counting practical experience toward licensure requirements. As for obtaining a license, if an individual requires a license to practice GIS under the law, the application must be received before July 1, 2004. The window of opportunity for grand-fathering closes June 30, 2004. Thus, the effective date that a license is required to practice GIS in SC is July 1, 2004.
How can I be 'Grand-fathered'?
Anyone currently using GIS software may apply for a surveyor license between July 1, 2001 and June 30, 2004 without having to take a surveying exam. The only exam required during this 'grand-fathering' period is one on the Board Rules and Regulations for Land Surveyors. During this period, there are also minimum educational and experience requirements. Although a bachelor's degree is necessary for licensure after July 1, 2004, only a two-year degree (from a Board approved school) is required for grand-fathering. A report describing a GIS project is also required with the application. Details of the grand-fathering application are located in the SC Code of Regulations (Chapter 49).
What is licensing going to cost me?
The Tier A Land Surveyor (GIS) application fee is $65. The license must be renewed every-other year and costs $100. In addition, there are fees for the required examinations. During the grand-father period (until June 30, 2004), the examination of Board Rules and Regulations for Land Surveyors costs $15.
After July 1, 2004, licensure in GIS will require passing a national exam on the Fundamentals of Land Surveying ($60), an exam on Principles and Practices of Geographic Information Systems (price unknown at this time), and the exam on the Board Rules and Regulations for Land Surveyors ($15).
Fees for licensure are located at:
| www.llr.state.sc.us/POL/Engineers/PDF_Files/Fee%20Schedule.pdf | ||||||||
Who is in charge here?
The SC Board of Registration for Professional Engineers and Land Surveyors (The Board) is one of many licensure programs administered by the SC Department of Labor, Licensing and Regulation (LLR). The Board manages the engineering and surveying license, investigates complaints, charges the fees, and makes the rules for being licensed to practice GIS in SC as defined above. If you have questions or complaints regarding the law and its regulations, you are encouraged to contact the Board at:
| PO Box 11597 | ||||||||
| Columbia, SC 29211-1597 | ||||||||
| Phone 803.896.4422 | ||||||||
| FAX 803.896.4427 | ||||||||
How can I determine if I need a license or want to voice my opinion on this subject?
Because GIS use is so dynamic and is spread across a diverse range of disciplines, circumstances requiring licensure can be quite specific to individual applications. It is clear that a majority of GIS use in the private sector (consulting, engineering, surveying, etc.) will require licensure. Government employee activities must be evaluated by the specific task being performed as to the requirement for or exemption from licensure. The only way to be sure that you do/do not have to be licensed is to contact the Board at the above address. Any additional questions and/or comments regarding the Surveyor Law should also be addressed to the Board.
Confused?
Most GIS professionals remain confused as to the intent and impact of the SC Surveyor Law. If a license is intended to protect the health, safety, and welfare of the community, why is licensure not required for local government employees collecting street centerlines, addresses, and fire hydrants for E-911 purposes? However, if a consultant collects the same data for a local government, the consultant must use licensed surveyors. How does such an inconsistency achieve the objectives of the updated Surveyor Law?
There remains great concern over which GIS activities require licensure in SC. In addition to the questions listed below, more than a dozen activity-specific questions were asked of Board member Sid Miller during his presentation at the 2002 State Mapping Advisory Committee (SMAC) Conference but did not receive definitive answers. In fact, Mr. Miller stated to the crowded room that (because of the NCEES GIS Task Force on the Model Law) passage of the same law would not happen now in SC. However, because the law already passed, Mr. Miller said, "we are stuck with it." The attitude of having to live with something that has proven to be wrong (NCEES Task Force Report) is a strong indicator that attention must be appropriately focused on this issue. Informal discussions have included the organization of efforts to introduce new legislation changing the Surveyor Law to reflect the recommendations of the NCEES Task Force. Information is also being collected for potential legal challenges to the law and its inconsistencies. Whatever the outcome of such efforts, GIS users in SC must evaluate whether or not they will require a surveyor license. It is the responsibility of each user to obtain sufficient information on the licensure issue to ensure they are practicing within the law.
Questions we don't have answers for...
(Many of the questions listed below were received by the Board (August 14, 2001) in a formal written document but have not been answered.)
What are the requirements for a remote sensing surveyor?
What is the proper title for a GIS user? GIS Mapper or GIS Surveyor?
If the law (SC Code of Laws Title 40, Chapter 22) created a title for Land Boundary Surveyor, Photogrammetric Surveyor, and GIS Mapper, how is it possible that the regulations also have a fourth title, Geodetic Surveyor?
If the majority of undergraduate degrees are granted in geography as Bachelor of Arts (1. consult Association for American Geographers for latest figures; 2. many institutions do not grant Bachelor of Sciences for geography), how will the Board address the educational qualifications of those applicants with a B.A. in geography?
Does a list of board-approved bachelor of science degrees (geography) exist? If so, does the list identify specific educational institutions?
Must a licensed Land Boundary Surveyor also be licensed as a GIS mapper (surveyor) to enter and store boundary data in a GIS format?
Why does a GIS user have to take a survey fundamentals exam (if not grand-fathered)?
Can a licensed civil engineer enter data into a GIS and perform analyses without being supervised by a licensed GIS Mapper?
Can a county government employee, holding no professional license, establish a reference or survey monument for the exclusive use of local government employees in the maintenance of a GIS?
Can a licensed civil engineer calculate surface contours from horizontal and vertical points acquired by commercial aircraft-borne lidar equipment?
Can a licensed Land Boundary Surveyor calculate surface contours from horizontal and vertical points acquired by commercial aircraft-borne lidar equipment?
Can a county government employee, holding no professional license, calculate surface contours from horizontal and vertical points acquired by commercial aircraft-borne lidar equipment?
Can a county government employee, holding no professional license, calculate surface contours using both elevation data submitted by a licensed engineer or surveyor and point data acquired by commercial aircraft-borne lidar equipment?
What does the Board mean by a practical example of a 'method' and a 'procedure' as required in a submitted report for licensure?
Can a private or public utility or cooperative share GIS-based customer/citizen property boundary layers with a local government?
Can a county government employee, holding no professional license, utilize remotely sensed imagery and/or data acquired from an aircraft platform for digital mapping and analysis?
Can a county government employee, holding no professional license, distribute survey monumentation data to the public?
Can a county government employee, holding no professional license, distribute surface contours that he/she has calculated from horizontal and vertical points acquired by commercial aircraftborne lidar equipment?
Topic for Later Discussion:
Licensing (SC Code of Laws) v. Certification (ASPRS and URISA)