Frequently Asked Practice Questions
We are pleased to provide you with the following list of questions and answers about licensure and practice for licensed professional geologist. This information is intended to provide general guidance to those who may have questions about licensing or professional conduct. The answers to the questions have been derived from provisions of Education Law, Commissioner's Regulations and Rules of the Board of Regents and administrative decisions made by the State Education Department. While they reflect provisions of Law, Regulation and interpretations, the legal application will depend upon the facts of a particular situation. Title VIII of the New York State Education Law and Title 8 of the Codes, Rules and Regulations of the State of New York (8NYCRR) control both licensing and professional regulation. See pertinent sections of the Law, Rules and Regulations at www.op.nysed.gov/title8/. If you have questions that are not directly addressed by this section or believe special factual circumstances may distinguish your question from those addressed here, you are advised to consult private legal counsel or you may contact the Office of the Professions' State Board for Engineering, Land Surveying and Geology.
- Are state employees exempt from needing a geology license to perform their jobs?
Answer: The state employee exemption from licensure provision applies under the following conditions:
- The exemption applies to New York State employees, who were employed on November 21, 2016 in a position where they perform geologic services (as defined in the scope of practice of geology in the statute). If the employee is subsequently promoted to a position where they are expected to perform geologic services, they would retain their exemption from the licensure requirement.
- The exemption from licensure does NOT apply to those who were employed by the State of New York on November 21, 2016, if at that time, they were in a position that performed work that was outside of the scope of practice of geology.
- The exemption from licensure does NOT apply to those who were employed by the State of New York on November 21, 2016 at that time and they were in a position that was NOT in the scope of practice of geology. The exemption from licensure does NOT apply to such individuals if they are subsequently promoted to a position with job duties that are within the scope of practice for geology, because the position requires them to provide geologic services. Such individuals would need to obtain a professional geology license in NYS, since they were not exempt at the time the statute went into effect.
- The state employee exemption does NOT apply to employees of New York City or any other municipality.
- If an exempt New York State employee leaves state service and is employed in their new job to provide geological services, the former state employee would need to obtain a professional geology license to perform those services in New York State.