Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute | Chapter 327 Architects, Professional Engineers, Land Surveyors And Landscape

As used in this chapter, the following words and terms shall
have the meanings indicated:

(1) "Accredited degree program from a school of architecture", a degree
from any school or other institution which teaches architecture and whose
curricula for the degree in question have been, at the time in question,
certified as accredited by the National Architectural Accrediting Board;

(2) "Accredited school of landscape architecture", any school or other
institution which teaches landscape architecture and whose curricula on
the subjects in question are or have been at the times in question
certified as accredited by the Landscape Architecture Accreditation Board
of the American Society of Landscape Architects;

(3) "Accredited school of engineering", any school or other institution
which teaches engineering and whose curricula on the subjects in question
are or have been, at the time in question certified as accredited by the
engineering accreditation commission of the accreditation board for
engineering and technology or its successor organization;

(4) "Architect", any person authorized pursuant to the provisions of this
chapter to practice architecture in Missouri, as the practice of
architecture is defined in section 327.091;

(5) "Board", the Missouri board for architects, professional engineers,
professional land surveyors and landscape architects;

(6) "Corporation", any general business corporation, professional
corporation or limited liability company;

(7) "Department", the department of economic development;

(8) "Division", the division of professional registration in the
department of economic development;

(9) "Landscape architect", any person licensed pursuant to the provisions
of sections 327.600 to 327.635 who is qualified to practice landscape
architecture by reason of special knowledge and the use of biological,
physical, mathematical and social sciences and the principles and methods
of analysis and design of the land, has demonstrated knowledge and
ability in such areas, and has been duly licensed as a landscape
architect by the board on the basis of professional education,
examination and experience in landscape architecture;

(10) "Partnership", any partnership or limited liability partnership;

(11) "Person", any person, corporation, firm, partnership, association or
other entity;

(12) "Professional engineer", any person authorized pursuant to the
provisions of this chapter to practice as a professional engineer in
Missouri, as the practice of engineering is defined in section 327.181;

(13) "Professional land surveyor", any person authorized pursuant to the
provisions of this chapter to practice as a professional land surveyor in
Missouri as the practice of land surveying is defined in section 327.272.
(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1986 H.B. 1163, A.L. 1999 H.B.
343, A.L. 2001 H.B. 567)

1. The "Missouri Board for Architects, Professional Engineers,
Professional Land Surveyors and Landscape Architects" is hereby
established and shall consist of fourteen members: a chairperson, who may
be either an architect, a professional engineer or a professional land
surveyor; three architects, who shall constitute the architectural
division of the board; three professional engineers, who shall constitute
its professional engineering division; three professional land surveyors,
who shall constitute its professional land surveying division; three
landscape architects, who shall constitute its landscape architecture
division; and a voting public member.

2. After receiving his or her commission and before entering upon the
discharge of his or her official duties, each member of the board shall
take, subscribe to and file in the office of the secretary of state the
official oath required by the constitution.

3. The chairperson shall be the administrative and executive officer of
the board, and it shall be his or her duty to supervise and expedite the
work of the board and its divisions, and, at his or her election, when a
tie exists between the divisions of the board, to break the tie by
recording his or her vote for or against the action upon which the
divisions are in disagreement. Each member of the architectural division
shall have one vote when voting on an action pending before the board;
each member of the professional engineering division shall have one vote
when voting on an action pending before the board; the chairperson of the
landscape architecture division or the chairperson's designee shall have
one vote when voting on an action pending before the board; and each
member of the professional land surveying division shall have one vote
when voting on an action pending before the board. Every motion or
proposed action upon which the divisions of the board are tied shall be
deemed lost, and the chairperson shall so declare, unless the chairperson
shall elect to break the tie as provided in this section. Seven voting
members of the board and two members of each division shall constitute a
quorum, respectively, for the transaction of business.

4. Each division of the board shall, at its first meeting in each
even-numbered year, elect one of its members as division chairperson for
a term of two years. The chairpersons of the architectural division,
professional engineering division and the professional land surveying
division so elected shall be vice chairpersons of the board, and when the
chairperson of the board is an architect, the chairperson of the
architectural division shall be the ranking vice chairperson, and when
the chairperson of the board is a professional engineer, the chairperson
of the professional engineering division shall be the ranking vice
chairperson, and when the chairperson of the board is a professional land
surveyor, the chairperson of the professional land surveying division
shall be the ranking vice chairperson. The chairperson of each division
shall be the administrative and executive officer of his or her division,
and it shall be his or her duty to supervise and expedite the work of the
division, and, in case of a tie vote on any matter, the chairperson
shall, at his or her election, break the tie by his or her vote. Every
motion or question pending before the division upon which a tie exists
shall be deemed lost, and so declared by the chairperson of the division,
unless the chairperson shall elect to break such tie by his or her vote.

5. Any person appointed to the board, except a public member, shall be a
currently licensed architect, licensed professional engineer, licensed
professional land surveyor or registered or licensed landscape architect
in Missouri, as the vacancy on the board may require, who has been a
resident of Missouri for at least five years, who has been engaged in
active practice as an architect, professional engineer, professional land
surveyor or landscape architect, as the case may be, for at least ten
consecutive years immediately preceding such person's appointment and who
is and has been a citizen of the United States for at least five years
immediately preceding such person's appointment. Active service as a
faculty member while holding the rank of assistant professor or higher in
an accredited school of engineering shall be regarded as active practice
of engineering, for the purposes of this chapter. Active service as a
faculty member, after meeting the qualifications required by section
327.314, while holding the rank of assistant professor or higher in an
accredited school of engineering and teaching land surveying courses
shall be regarded an active practice of land surveying for the purposes
of this chapter. Active service as a faculty member while holding the
rank of assistant professor or higher in an accredited school of
architecture shall be regarded as active practice of architecture for the
purposes of this chapter; provided, however, that no faculty member of an
accredited school of architecture shall be eligible for appointment to
the board unless such person has had at least three years' experience in
the active practice of architecture other than in teaching. The public
member shall be, at the time of appointment, a citizen of the United
States; a resident of this state for a period of one year and a
registered voter; a person who is not and never was a member of any
profession licensed or regulated pursuant to this chapter or the spouse
of such person; and a person who does not have and never has had a
material, financial interest in either the providing of the professional
services regulated by this chapter, or an activity or organization
directly related to any profession licensed or regulated pursuant to this
chapter. All members, including public members, shall be chosen from
lists submitted by the director of the division of professional
registration. The duties of the public member shall not include the
determination of the technical requirements to be met for licensure or
whether any person meets such technical requirements or of the technical
competence or technical judgment of a licensee or a candidate for
licensure.

6. The governor shall appoint the chairperson and the other members of
the board when a vacancy occurs either by the expiration of a term or
otherwise, and each board member shall serve until such member's
successor is appointed and has qualified. The position of chairperson
shall alternate among an architect, a professional engineer and a
professional land surveyor. All appointments, except to fill an unexpired
term, shall be for terms of four years; but no person shall serve on the
board for more than two consecutive four-year terms, and each four-year
term shall be deemed to have begun on the date of the expiration of the
term of the board member who is being replaced or reappointed, as the
case may be. Any appointment to the board which is made when the senate
is not in session shall be submitted to the senate for its advice and
consent at its next session following the date of the appointment.

7. In the event that a vacancy is to occur on the board because of the
expiration of a term, then ninety days prior to the expiration, or as
soon as feasible after a vacancy otherwise occurs, the president of the
American Institute of Architects/Missouri if the vacancy to be filled
requires the appointment of an architect, the president of the Missouri
Association of Landscape Architects if the vacancy to be filled requires
the appointment of a landscape architect, the president of the Missouri
Society of Professional Engineers if the vacancy to be filled requires
the appointment of an engineer, and the president of the Missouri Society
of Professional Surveyors if the vacancy to be filled requires the
appointment of a land surveyor, shall submit to the director of the
division of professional registration a list of five architects or five
professional engineers, five landscape architects or five professional
land surveyors, as the case may require, qualified and willing to fill
the vacancy in question, with the recommendation that the governor
appoint one of the five persons so listed; and with the list of names so
submitted, the president of the appropriate organization shall include in
a letter of transmittal a description of the method by which the names
were chosen. This subsection shall not apply to public member vacancies.

8. The board may sue and be sued as the Missouri board for architects,
professional engineers, professional land surveyors and landscape
architects, and its members need not be named as parties. Members of the
board shall not be personally liable either jointly or severally for any
act or acts committed in the performance of their official duties as
board members, nor shall any board member be personally liable for any
court costs which accrue in any action by or against the board.

9. Upon appointment by the governor and confirmation by the senate of the
landscape architecture division, the landscape architectural council is
hereby abolished and all of its powers, duties and responsibilities are
transferred to and imposed upon the Missouri board for architects,
professional engineers, professional land surveyors and landscape
architects established pursuant to this section. Every act performed by
or under the authority of the Missouri board for architects, professional
engineers, professional land surveyors and landscape architects shall be
deemed to have the same force and effect as if performed by the landscape
architectural council pursuant to sections 327.600 to 327.635. All rules
and regulations of the landscape architectural council shall continue in
effect and shall be deemed to be duly adopted rules and regulations of
the Missouri board of architects, professional engineers, professional
landscape architects and land surveyors until such rules and regulations
are revised, amended or repealed by the board as provided by law, such
action to be taken by the board on or before January 1, 2002.

10. Upon appointment by the governor and confirmation by the senate of
the landscape architecture division, all moneys deposited in the
landscape architectural council fund created in section 327.625 shall be
transferred to the state board for architects, professional engineers,
professional land surveyors and landscape architects fund created in
section 327.081. The landscape architectural council fund shall be
abolished upon the transfer of all moneys in it to the state board of
architects, professional engineers, land surveyors and landscape
architects. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1986 H.B. 1163,
A.L. 1988 H.B. 1573, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2001
H.B. 567)

CROSS REFERENCE: Public member, additional duties, RSMo 620.132

1. The board shall have the duty and the power to carry out the
purposes and to enforce and administer the provisions of this chapter, to
require, by summons or subpoena, with the advice of the attorney general
and upon the vote of two-thirds of the voting board members, the
attendance and testimony of witnesses, and the production of drawings,
plans, plats, specifications, books, papers or any document representing
any matter under hearing or investigation, pertaining to the issuance,
probation, suspension or revocation of certificates of registration or
certificates of authority provided for in this chapter, or pertaining to
the unlawful practice of architecture, professional engineering,
professional land surveying or landscape architecture.

2. The board shall, within the scope and purview of the provisions of
this chapter, prescribe the duties of its officers and employees and
adopt, publish and enforce the rules and regulations of professional
conduct which shall establish and maintain appropriate standards of
competence and integrity in the professions of architecture, professional
engineering, professional land surveying and landscape architecture, and
adopt, publish and enforce procedural rules and regulations as may be
considered by the board to be necessary or proper for the conduct of the
board's business and the management of its affairs, and for the effective
administration and interpretation of the provisions of this chapter. Any
rule or portion of a rule, as that term is defined in section 536.010,
RSMo, that is created under the authority delegated in this chapter shall
become effective only if it complies with and is subject to all of the
provisions of chapter 536, RSMo, and, if applicable, section 536.028,
RSMo. This section and chapter 536, RSMo, are nonseverable and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2001, shall
be invalid and void.

3. Rules promulgated by the board pursuant to sections 327.272 to 327.635
shall be consistent with and shall not supersede the rules promulgated by
the department of natural resources pursuant to chapter 60, RSMo. (L.
1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1986 H.B. 1163, A.L. 1989 H.B.
190, et al., A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B. 343,
A.L. 2001 H.B. 567)

1. The board shall meet at least twice a year at such times and
places as are fixed by the board.

2. The board may appoint and employ legal counsel and such board
personnel, as defined in subdivision (4) of subsection 15 of section
620.010, RSMo, as it deems necessary within the appropriation therefor.

3. The board shall keep records of its official acts and decisions and
certified copies of any such records attested by the executive director
with the board's seal affixed shall be received as evidence in all courts
to the same extent as the board's original records would be received.

4. Each member of the board shall receive as compensation an amount set
by the board not to exceed fifty dollars for each day devoted to the
affairs of the board, and shall be entitled to reimbursement of such
member's expenses necessarily incurred in the discharge of such member's
official duties. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1986 H.B.
1163, A.L. 1999 H.B. 343)

The board shall establish and maintain an office in Jefferson
City, Missouri. (L. 1969 S.B. 117, A.L. 1981 S.B. 16)

1. Upon application by the board, and the necessary burden
having been met, a court of general jurisdiction may grant an injunction,
restraining order or other order as may be appropriate to enjoin a person
from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required upon a showing that such acts or practices were
performed or offered to be performed without a certificate of
registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to this
chapter upon a showing that the holder presents a substantial probability
of serious danger to the health, safety or welfare of any resident of
this state or client of the licensee.

2. Any such action shall be commenced either in the county in which such
conduct occurred or in the county in which the defendant resides.

3. Any action brought pursuant to this section shall be in addition to
and not in lieu of any remedy provided by this chapter and may be brought
concurrently with other actions to enforce this chapter. (L. 1981 S.B.
16, A.L. 1999 H.B. 343)

1. All funds received pursuant to the provisions of this chapter
shall be deposited in the state treasury to the credit of the "State
Board for Architects, Professional Engineers, Land Surveyors and
Landscape Architects Fund" which is hereby established. All expenditures
authorized by this chapter shall be paid from funds appropriated to the
board by the general assembly from this fund.

2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year. (L. 1969 S.B. 117, A.L. 1981
S.B. 16, A.L. 1985 S.B. 99, A.L. 2001 H.B. 567)

Any person practices as an architect in Missouri who renders or
offers to render or represents himself or herself as willing or able to
render service or creative work which requires architectural education,
training and experience, including services and work such as
consultation, evaluation, planning, aesthetic and structural design, the
preparation of drawings, specifications and related documents, and the
coordination of services furnished by structural, civil, mechanical and
electrical engineers and other consultants as they relate to
architectural work in connection with the construction or erection of any
private or public building, building structure, building project or
integral part or parts of buildings or of any additions or alterations
thereto; or who uses the title "architect" or the terms "architect" or
"architecture" or "architectural" alone or together with any words other
than "landscape" that indicate or imply that such person is or holds
himself or herself out to be an architect. (L. 1969 S.B. 117, A.L. 1999
H.B. 343)

No person shall practice architecture in Missouri as defined in
section 327.091 unless and until there is issued to the person a license
or a certificate of authority certifying that the person has been duly
licensed as an architect or authorized to practice architecture, in
Missouri, and unless such license has been renewed as hereinafter
specified; provided, however, that nothing in this chapter shall apply to
the following persons:

(1) Any person who is an employee of a person holding a currently valid
license as an architect or who is an employee of any person holding a
currently valid certificate of authority pursuant to this chapter, and
who performs architectural work under the direction and continuing
supervision of and is checked by one holding a currently valid license as
an architect pursuant to this chapter;

(2) Any person who is a regular full-time employee who performs
architectural work for the person's employer if and only if all such work
and service so performed is in connection with a facility owned or wholly
operated by the employer and which is occupied by the employer of the
employee performing such work or service, and if and only if such work
and service so performed do not endanger the public health or safety;

(3) Any holder of a currently valid license as a professional engineer
who performs only such architectural work as is incidental and necessary
to the completion of engineering work lawfully being performed by such
licensed professional engineer;

(4) Any person who is a landscape architect, city planner or regional
planner who performs work consisting only of consultations concerning and
preparation of master plans for parks, land areas or communities, or the
preparation of plans for and the supervision of the planting and grading
or the construction of walks and paving for parks or land areas and such
other minor structural features as fences, steps, walls, small decorative
pools and other construction not involving structural design or stability
and which is usually and customarily included within the area of work of
a landscape architect or planner;

(5) Any person who renders architectural services in connection with the
construction, remodeling or repairing of any privately owned building
described in paragraphs (a), (b), (c), (d), and (e) which follow, and who
indicates on any drawings, specifications, estimates, reports or other
documents furnished in connection with such services that the person is
not a licensed architect:

(a) A dwelling house; or

(b) A multiple family dwelling house, flat or apartment containing not
more than two families; or

(c) A commercial or industrial building or structure which provides for
the employment, assembly, housing, sleeping or eating of not more than
nine persons; or

(d) Any one structure containing less than twenty thousand cubic feet,
except as provided in (b) and (c) above, and which is not a part or a
portion of a project which contains more than one structure; or

(e) A building or structure used exclusively for farm purposes;

(6) Any person who renders architectural services in connection with the
remodeling or repairing of any privately owned building described in
paragraphs (a), (c), (d) and (e) of subdivision (5) of this section or
for a multiple family dwelling house, flat or apartment containing not
more than four families, and who indicates on any drawings,
specifications, estimates, reports or other documents furnished in
connection with such services that the person is not a licensed architect;

(7) Any person or corporation who is offering, but not performing or
rendering, architectural services if the person or corporation is
licensed to practice architecture in the state or country of residence or
principal place of business. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L.
1997 S.B. 171, A.L. 1999 H.B. 343)

Notwithstanding any provisions of this chapter to the contrary,
any applicant for a license to practice architecture who holds a valid
license to practice architecture in Canada shall be licensed to practice
architecture in this state, if such applicant holds certification
pursuant to the terms of the Inter-Recognition Agreement between the
National Council of Architectural Registration Boards (NCARB) and the
Canadian Architectural Councils and provided the applicant meets all
other qualifications for licensure as an architect as provided in this
chapter. (L. 1998 H.B. 996)

Any person who practices architecture in Missouri as defined in
section 327.091, who is not exempt pursuant to the provisions of section
327.101, or who is not the holder of a currently valid license or
certificate of authority to practice architecture in Missouri, or who
pretends or attempts to use as such person's own the license or
certificate of authority or the seal of another architect or who affixes
his or her or another's architect's seal on any plans, specifications,
drawings, or reports which have not been prepared by such person or under
such person's immediate personal supervision, is guilty of a class A
misdemeanor. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)

1. Any person may apply to the board for examination and license
as an architect who is over the age of twenty-one, is of good moral
character, and is a graduate of and holds an accredited degree from an
accredited degree program from a school of architecture and has acquired
at least three years of satisfactory architectural experience. Prior to
January 1, 2012, any applicant who possesses the age and character
qualifications as provided in this subsection and who has acquired a
combined total of twelve years of education, above the high school level,
and satisfactory architectural experience may apply to the board for
examination and licensure* as an architect. Beginning January 1, 2012,
all new applicants shall hold an accredited degree from an accredited
degree program from a school of architecture.

2. The board shall provide by rule what shall constitute satisfactory
architectural experience, based upon recognized education and training
equivalents.

3. Beginning January 1, 2002, each applicant who has graduated with an
accredited degree from an accredited degree program from a school of
architecture shall complete the intern development program (IDP) as
defined in the IDP Guidelines: Intern Development Program, 1994, as
published by the National Council of Architectural Registration Boards,
as amended. Completion of the intern development program shall be deemed
to be satisfactory architectural experience. (L. 1969 S.B. 117, A.L. 1981
S.B. 16, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)

*Word "license" appears in original rolls.

Applications for examination and license as an architect shall
be typewritten on prescribed forms furnished to the applicant. The
application shall contain the applicant's statements showing the
applicant's education, experience, results of previous architectural
licensing examinations, if any, and such other pertinent information as
the board may require. Each application shall contain a statement that it
is made under oath or affirmation and that its representations are true
and correct to the best knowledge and belief of the person signing the
application, subject to the penalties of making a false affidavit or
declaration and shall be accompanied by the required fee. (L. 1969 S.B.
117, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)

1. After the board has determined upon such inquiry and by such
methods as it may consider proper that such applicant possesses the
qualifications entitling such applicant to be examined, each applicant
for examination and license as an architect shall appear before the board
or its representatives for examination at the time and place specified by
the board in a written notice to each such applicant, provided that an
examination shall be given at least once in each calendar year.

2. The written examination or examinations shall be of such form, content
and duration as determined by the architectural division of the board to
thoroughly test the qualifications of each applicant to practice
architecture in Missouri.

3. An applicant to be eligible for license shall make a passing grade on
each examination. The "passing grade" shall be fixed by the board but it
shall never be higher than the current "passing grade" determined by the
National Council of Architectural Registration Boards.

4. Any person who passes the examination or examinations prescribed by
the board shall be entitled to be licensed as an architect in Missouri,
subject to the other provisions of this chapter. (L. 1969 S.B. 117, A.L.
1981 S.B. 16, A.L. 1999 H.B. 343)

If an applicant fails to make the grade specified in section
327.151, the applicant may apply for reexamination, by section, on a form
furnished to the applicant. If the application is approved, the applicant
may take another examination, no sooner than six months after the date of
the failed examination. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1999
H.B. 343)

1. The professional license, issued to every architect in
Missouri, including certificates of authority issued to corporations as
provided in section 327.401, shall be renewed on or before the
certificate renewal date, provided that the required fee is paid. The
board may establish, by rule, continuing education requirements as a
condition to renewing the license of an architect, provided that the
board shall not require more professional development hours than that
which is recommended by the American Institute of Architects or its
successor organization, but not to exceed thirty such hours. The license
of any architect or the certificate of authority issued to any
corporation which is not renewed within three months of the certificate
renewal date shall be suspended automatically, subject to the right of
the holder of such suspended certificate to have the certificate
reinstated within nine months of the date of suspension, if the
reinstatement fee is paid. Any license or certificate of authority
suspended and not reinstated within nine months of the suspension date,
as provided in this section, shall expire and be void and the holder of
such expired certificate shall have no rights or privileges under such
license or certificate; but any person or corporation whose certificate
has expired as provided in this section may within the discretion of the
board, upon payment of the required fee, be relicensed or reauthorized
under such person's or such corporation's original license number.

2. Each application for the renewal of a license or of a certificate of
authority shall be on a form furnished to the applicant and shall be
accompanied by the required fee, but no renewal fee need be paid by any
architect over the age of seventy-five. (L. 1969 S.B. 117, A.L. 1981 S.B.
16, A.L. 1989 H.B. 190, et al., A.L. 1999 H.B. 343)

1. An architect licensed in this state may apply to the board
for inactive license status on a form furnished by the board. Upon
receipt of the completed inactive status application form and the board's
determination that the licensee meets the requirements established by
rule, the board shall declare the licensee inactive and shall place the
licensee on an inactive status list. A person whose license is inactive
shall not offer or practice architecture within this state, but may
continue to use the title "architect".

2. If a licensee is granted inactive status, the licensee may return to
active status by notifying the board in advance of such intention, by
paying appropriate fees as determined by the board, and by meeting all
established requirements of the board including the demonstration of
current knowledge, competency, and skill in the practice of architecture
as a condition of reinstatement.

3. In the event an inactive licensee does not maintain a current license
in any state for a five-year period immediately prior to requesting
reinstatement, that person may be required to take an examination as the
board deems necessary to determine such person's qualifications. Such
examination shall cover areas designed to demonstrate the proficiency in
current methods of architecture. (L. 2003 S.B. 478)

Any person practices in Missouri as a professional engineer who
renders or offers to render or holds himself or herself out as willing or
able to render any service or creative work, the adequate performance of
which requires engineering education, training, and experience in the
application of special knowledge of the mathematical, physical, and
engineering sciences to such services or creative work as consultation,
investigation, evaluation, planning and design of engineering works and
systems, engineering teaching of advanced engineering subjects or courses
related thereto, engineering surveys, the coordination of services
furnished by structural, civil, mechanical and electrical engineers and
other consultants as they relate to engineering work and the inspection
of construction for the purpose of compliance with drawings and
specifications, any of which embraces such service or work either public
or private, in connection with any utilities, structures, buildings,
machines, equipment, processes, work systems or projects and including
such architectural work as is incidental to the practice of engineering;
or who uses the title "professional engineer" or "consulting engineer" or
the word "engineer" alone or preceded by any word indicating or implying
that such person is or holds himself or herself out to be a professional
engineer, or who shall use any word or words, letters, figures, degrees,
titles or other description indicating or implying that such person is a
professional engineer or is willing or able to practice engineering. (L.
1969 S.B. 117, A.L. 1999 H.B. 343)

No person shall practice as a professional engineer in Missouri,
as defined in section 327.181 unless and until there is issued to such
person a professional license or a certificate of authority certifying
that such person has been duly licensed as a professional engineer or
authorized to practice engineering in Missouri, and unless such license
or certificate has been renewed as provided in section 327.261; provided
that section 327.181 shall not be construed to prevent the practice of
engineering by the following persons:

(1) Any person who is an employee of a person holding a currently valid
license as a professional engineer or who is an employee of a person
holding a currently valid certificate of authority pursuant to this
chapter, and who performs professional engineering work under the
direction and continuing supervision of and is checked by one holding a
currently valid license as a professional engineer pursuant to this
chapter;

(2) Any person who is a regular full-time employee of a person or any
former employee under contract to a person, who performs professional
engineering work for such employer if and only if all such work and
service so performed is done solely in connection with a facility owned
or wholly operated by the employer and occupied or maintained by the
employer of the employee performing such work or service;

(3) Any person engaged in engineering who is a full-time, regular
employee of a person engaged in manufacturing operations and which
engineering so performed by such person relates to the manufacture, sale
or installation of the products of such person;

(4) Any holder of a currently valid license or certificate of authority
as an architect who performs only such engineering work as is incidental
and necessary to the completion of architectural work lawfully being
performed by such architect;

(5) Any person or corporation who is offering, but not performing or
rendering, professional engineering services if the person or corporation
is licensed to practice professional engineering in the state or country
of residence or principal place of business. (L. 1969 S.B. 117, A.L. 1981
S.B. 16, A.L. 1999 H.B. 343)

Any person who practices professional engineering in Missouri as
defined in section 327.181, who is not exempt pursuant to the provisions
of section 327.191 and who is not the holder of a currently valid license
or certificate of authority to practice professional engineering in
Missouri, or who pretends or attempts to use as such person's own the
license or certificate of authority or the seal of another professional
engineer, or who affixes such person's or another professional engineer's
seal on any plans, specifications, drawings or reports which have not
been prepared by such person or under such person's immediate personal
supervision is guilty of a class A misdemeanor. (L. 1969 S.B. 117, A.L.
1981 S.B. 16, A.L. 1999 H.B. 343)

Any person may apply to the board for examination and license as
a professional engineer who is over the age of twenty-one, who is of good
moral character, and who is a graduate of and holds a degree in
engineering from an accredited school of engineering, or who possesses an
education which includes at the minimum a baccalaureate degree in
engineering, and which in the opinion of the board, equals or exceeds the
education received by a graduate of an accredited school, and has
acquired at least four years of satisfactory engineering experience,
after such person has graduated and has received a degree or education as
provided in this section; provided that the board shall by rule provide
what shall constitute satisfactory engineering experience based upon
recognized education and training equivalents, but in any event such rule
shall provide that no more than one year of satisfactory postgraduate
work in engineering subjects and that each year of satisfactory teaching
of engineering subjects accomplished after a person has graduated from
and has received a degree from an accredited school of engineering or
after receiving an education as provided in this section shall count as
equivalent years of satisfactory engineering experience. (L. 1969 S.B.
117, A.L. 1981 S.B. 16, A.L. 1983 S.B. 324, A.L. 1999 H.B. 343)

Applications for examination and license as a professional
engineer shall be typewritten on prescribed forms furnished to the
applicant. The application shall contain the applicant's statements
showing the applicant's education, experience, results of previous
engineering examinations, if any, and such other pertinent information as
the board may require. Each application shall contain a statement that it
is made under oath or affirmation and that its representations are true
and correct to the best knowledge and belief of the person signing such
application, subject to the penalties of making a false affidavit or
declaration and shall be accompanied by the required fee. (L. 1969 S.B.
117, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)

1. After the board has determined upon such inquiry and by such
methods as it may consider proper that an applicant possesses the
qualifications entitling such applicant to be examined, each applicant
for examination and licensure as a professional engineer in Missouri
shall appear before the board or its representatives for examination at
the time and place specified by the board in a written notice to each
such applicant, provided that an examination shall be given at least once
in each calendar year.

2. The written examination or examinations shall be of such form, content
and duration as shall be determined by the board, to thoroughly test the
qualifications of each applicant to practice as a professional engineer
in Missouri.

3. Any applicant to be eligible for a license must make a grade on each
examination of at least seventy percent.

4. The engineering examination shall consist of two parts; the first part
may be taken by any person after such person has satisfied the
educational requirements of section 327.221, or who is in his or her
final year of study in an accredited school of engineering; and upon
passing part one of the examination and providing proof that such person
has satisfied the educational requirements of section 327.221 and upon
payment of the required fee, such person shall be an engineer-intern,
subject to the other provisions of this chapter.

5. Any engineer-intern, as defined in subsection 4 of this section, who
has acquired at least four years of satisfactory engineering experience,
may take part two of the engineering examination and upon passing it
shall be entitled to receive a license, subject, however, to the other
provisions of this chapter.

6. Notwithstanding the provisions of subsections 4 and 5 of this section,
the board may, in its discretion, provide by rule that any person who has
graduated from and holds an engineering degree from an accredited school
of engineering may thereupon be eligible to take both parts of the
engineering examination and that upon passing said examination and
acquiring four years of satisfactory engineering experience, after
graduating and receiving a degree as aforesaid, shall be entitled to
receive a license to practice as a professional engineer, subject,
however, to the other provisions of this chapter.

7. Any person who has graduated from and has received a degree in
engineering from an accredited school of engineering may then acquire
four years of satisfactory engineering experience and thereafter take
both parts of the examination and upon passing shall be entitled to
receive a license to practice as a professional engineer, subject,
however, to the other provisions of this chapter.

8. Any person entitled to be licensed as a professional engineer as
provided in subsection 5, 6, or 7 of this section must be so licensed
within four years after the date on which he or she was so entitled, and
if one is not licensed within the time he or she is so entitled, the
engineering division of the board may require him to take and
satisfactorily pass such further examination as provided by rule before
issuing to him a license. (L. 1969 S.B. 117, A.L. 1977 S.B. 439, A.L.
1981 S.B. 16, A.L. 1983 S.B. 324, A.L. 1999 H.B. 343)

If an applicant fails to make the grade specified in section
327.241, such applicant may apply for reexamination on a form to be
furnished by the board, and if the application is approved, the applicant
may take another examination or examinations at any regularly scheduled
examination upon payment of the required fee. (L. 1969 S.B. 117, A.L.
1981 S.B. 16, A.L. 1999 H.B. 343)

1. The professional license issued to every professional
engineer in Missouri, including certificates of authority issued to
corporations as hereinafter provided, shall be renewed on or before the
license renewal date, provided that the required fee is paid. The board
may establish, by rule, continuing education requirements as a condition
to renewing the license of a professional engineer, provided that the
board shall not require more professional development hours than that
which is recommended by the National Council of Examiners for Engineering
and Surveying or its successor organization, but not to exceed thirty
such hours. The license of any professional engineer or the certificate
of authority of any such corporation which is not renewed within three
months of the certificate renewal date shall be suspended automatically,
subject to the right of the holder of such suspended certificate to have
the certificate reinstated within nine months of the date of suspension
if the reinstatement fee is paid. Any license or certificate of authority
suspended and not reinstated within nine months of the suspension date,
as above provided, shall expire and be void and the holder of the expired
license or certificate shall have no rights or privileges under such
license or certificate; but any person or corporation whose license or
certificate has expired as aforesaid may within the discretion of the
board, upon payment of the required fee, be relicensed or reauthorized
under such person's or such corporation's original license number.

2. Each application for the renewal of a license or of a certificate of
authority shall be on a form furnished to the applicant and shall be
accompanied by the required fee; but no renewal fee need be paid by any
professional engineer over the age of seventy-five. (L. 1969 S.B. 117,
A.L. 1981 S.B. 16, A.L. 1989 H.B. 190, et al., A.L. 1999 H.B. 343)

1. A professional engineer licensed in this state may apply to
the board for inactive license status on a form furnished by the board.
Upon receipt of the completed inactive status application form and the
board's determination that the license meets the requirements established
by rule, the board shall declare the licensee inactive and shall place
the licensee on an inactive status list. A person whose license is
inactive shall not offer or practice professional engineering within this
state, but may continue to use the title "professional engineer" or the
initials "P.E." after such person's name.

2. If a licensee is granted inactive status, the licensee may return to
active status by notifying the board in advance of such intention, by
paying appropriate fees as determined by the board, and by meeting all
established requirements of the board including the demonstration of
current knowledge, competency and skill in the practice of professional
engineering as a condition of reinstatement.

3. In the event an inactive licensee does not maintain a current license
in any state for a five-year period immediately prior to requesting
reinstatement, that person may be required to take the principles and
practice of engineering examination. (L. 1999 H.B. 343)

1. Any person who practices in Missouri as a professional land
surveyor who uses the title of "surveyor" alone or in combination with
any other word or words including, but not limited to "registered",
"professional" or "land" indicating or implying that the person is, or
holds himself or herself out to be a professional land surveyor who by
word or words, letters, figures, degrees, titles or other descriptions
indicates or implies that the person is a professional land surveyor or
is willing or able to practice professional land surveying or who renders
or offers to render, or holds himself or herself out as willing or able
to render, or perform any service or work, the adequate performance of
which involves the special knowledge and application of the principles of
mathematics, the related physical and applied sciences, and the relevant
requirements of law, all of which are acquired by education, training,
experience and examination, that affect real property rights on, under or
above the land and which service or work involves:

(1) The location of land boundaries;

(2) Monumentation of land boundaries, land boundary corners and corners
of the United States Public Land Survey System;

(3) The subdivision of land into smaller tracts;

(4) Consultation, investigation, evaluation, planning, design and
execution of surveys;

(5) The preparation of any drawings showing the shape, location,
dimensions or area of tracts of land;

(6) Monumentation of geodetic control and the determination of their
horizontal and vertical positions;

(7) Establishment of state plane coordinates;

(8) Topographic surveys and the determination of the horizontal and
vertical location of any physical features on, under or above the land;

(9) The preparation of plats, maps or other drawings showing elevations
and the locations of improvements and the measurement and preparation of
drawings showing existing improvements after construction;

(10) Layout of proposed improvements;

(11) The determination of azimuths by astronomic observations.

2. None of the specific duties listed in subdivisions (4) to (11) of
subsection 1 of this section are exclusive to professional land surveyors
unless they affect real property rights. For the purposes of this
section, the term "real property rights" means a recordable interest in
real estate as it affects the location of land boundary lines.

3. Nothing in this section shall be construed to preclude the practice of
architecture or professional engineering as provided in sections 327.091
and 327.181.

4. Nothing in this section shall be construed to prohibit the subdivision
of land pursuant to section 137.185, RSMo. (L. 1969 S.B. 117, A.L. 1981
S.B. 16, A.L. 1999 H.B. 343)

No person, including any duly elected county surveyor, shall
practice as a professional land surveyor in Missouri as defined in
section 327.272 unless and until there is issued to such person a license
or a certificate of authority certifying that such person has been duly
licensed as a professional land surveyor in Missouri, and unless such
license or certificate has been renewed as provided in section 327.351.
(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)

Any person who practices as a professional land surveyor in
Missouri as defined in section 327.272, who is not a holder of a
currently valid license or certificate of authority to practice
professional land surveying in Missouri, or who pretends or attempts to
use as such person's own the license or certificate of authority or the
seal of another professional land surveyor or who affixes such person's
or another professional land surveyor's seal on any map, plat, survey or
other document which has not been prepared by such person or under such
person's immediate personal supervision is guilty of a class A
misdemeanor. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)

1. Any person may apply to the board for examination and
enrollment as a land surveyor-in-training who is over the age of
twenty-one, who is of good moral character, who is a high school
graduate, or who holds a Missouri certificate of high school equivalence
(GED), and either:

(1) Has graduated and received a baccalaureate degree in an approved
curriculum as defined by board regulation which shall include at least
twelve semester hours of approved surveying course work as defined by
board regulation of which at least two semester hours shall be in the
legal aspects of boundary surveying; or

(2) Has passed at least sixty hours of college credit which shall include
credit for at least twenty semester hours of approved surveying course
work as defined by board regulation of which at least two semester hours
shall be in legal aspects of boundary surveying and present evidence
satisfactory to the board that in addition thereto such person has at
least one year of combined professional office and field experience in
land surveying projects under the immediate personal supervision of a
professional land surveyor; or

(3) Has passed at least twelve semester hours of approved surveying
course work as defined by board regulation of which at least two semester
hours shall be in legal aspects of land surveying and in addition thereto
has at least two years of combined professional office and field
experience in land surveying projects under the immediate personal
supervision of a professional land surveyor. Pursuant to this provision,
not more than one year of satisfactory postsecondary education work shall
count as equivalent years of satisfactory land surveying work as
aforementioned.

2. The board shall issue a certificate of completion to each applicant
who satisfies the requirements of the aforementioned land
surveyor-in-training program and passes such examination or examinations
as shall be required by the board. (L. 1983 H.B. 319, A.L. 1999 H.B. 343)

Applications for examination and enrollment as a land
surveyor-in-training shall be printed on prescribed forms furnished to
the applicant. The application shall contain applicant's statements
showing the applicant's education, experience and such other pertinent
information as the board may require, including but not limited to three
letters of reference, one of which shall be from a professional land
surveyor who has personal knowledge of the applicant's land surveying
education or experience. Each application shall contain a statement that
it is made under oath or affirmation and that the representations are
true and correct to the best knowledge and belief of the applicant,
subject to the penalties of making a false affidavit or declaration and
shall be accompanied by the required fee. (L. 1983 H.B. 319, A.L. 1999
H.B. 343)

1. Any person may apply to the board for examination and
licensure as a professional land surveyor who has been enrolled as a land
surveyor-in-training and has presented evidence to the satisfaction of
the board that said person has acquired at least four years of
satisfactory professional field and office experience in land surveying
from the date of enrollment as a land surveyor-in-training. This
experience shall have been under the immediate personal supervision of a
professional land surveyor.

2. At any time prior to January 1, 2006, any applicant enrolled as a land
surveyor-in-training under the provisions of subsection (1) or (2) of
section 327.312 must have acquired at least two years of satisfactory
professional field and office experience in land surveying under the
immediate supervision of a professional land surveyor. Any person who
applied for enrollment as a land surveyor-in-training under the
provisions of subsection (3) of section 327.312 must have acquired at
least one year of satisfactory professional field and office experience
in land surveying under the immediate supervision of a professional land
surveyor. (L. 1983 H.B. 319, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)

Applications for examination and licensure as a professional
land surveyor shall be typewritten on prescribed forms furnished to the
applicant. The application shall contain the applicant's statements
showing the applicant's education, experience, results of prior land
surveying examinations, if any, and such other pertinent information as
the board may require, including but not limited to three letters of
reference from professional land surveyors with personal knowledge of the
experience of the applicant's land surveying education or experience.
Each application shall contain a statement that it is made under oath or
affirmation and that its representations are true and correct to the best
knowledge and belief of the person signing same, subject to the penalties
of making a false affidavit or declaration and shall be accompanied by
the required fee. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1983 H.B.
319, A.L. 1999 H.B. 343)

1. After the board has determined upon such inquiry and by such
methods as it may consider proper that an applicant possesses the
qualifications entitling such applicant to be examined, each applicant
for examination and enrollment as a land surveyor-in-training and for
examination and license as a professional land surveyor in Missouri shall
appear before the board or its representatives for examination at the
time and place specified by the board in a written notice to each such
applicant, provided that an examination shall be given at least once in
each calendar year.

2. The written examination or examinations shall be of such form, content
and duration as shall be determined by the board to thoroughly test the
qualifications of each applicant to become enrolled as a land
surveyor-in-training or to be become licensed as a professional land
surveyor in Missouri.

3. Any applicant to be eligible for enrollment or for license must make a
grade on the applicable examination of at least seventy percent.

4. Any person who passes the examination hereinabove specified shall be
entitled to be enrolled as a land surveyor-in-training or licensed as a
professional land surveyor, as the case may be, in Missouri and shall
receive a certificate of enrollment or a license, as the case may be. (L.
1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1983 H.B. 319, A.L. 1999 H.B. 343)

If an applicant fails to make the required grade specified in
section 327.331, such applicant may apply for reexamination on a form to
be furnished by the board, and if such application is approved, the
applicant may take another examination or examinations at such time and
place as is specified by the board. The reexamination shall be governed
by the provisions of section 327.331. (L. 1969 S.B. 117, A.L. 1999 H.B.
343)

1. The professional license issued to every professional land
surveyor in Missouri, including certificates of authority issued to
corporations as provided in section 327.401, shall be renewed on or
before the license or certificate renewal date provided that the required
fee is paid. The license of any professional land surveyor or the
certificate of authority of any such corporation which is not renewed
within three months of the renewal date shall be suspended automatically,
subject to the right of the holder of such suspended license or
certificate to have it reinstated within nine months of the date of
suspension, if the reinstatement fee is paid. Any license or certificate
of authority suspended and not reinstated within nine months of the
suspension date shall expire and be void and the holder of such expired
license or certificate shall have no rights or privileges thereunder, but
any person or corporation whose license or certificate has expired may,
within the discretion of the board and upon payment of the required fee,
be reregistered or relicensed under such person's or corporation's
original license number.

2. Each application for the renewal of a license or of a certificate of
authority shall be on a form furnished to the applicant and shall be
accompanied by the required fee; but no renewal fee need be paid by any
professional land surveyor over the age of seventy-five.

3. Beginning January 1, 1996, as a condition for renewal of a license
issued pursuant to section 327.314, a license holder shall be required to
successfully complete twenty units of professional development that meet
the standards established by the board regulations within the preceding
two calendar years. Any license holder who completes more than twenty
units of professional development within the preceding two calendar years
may have the excess, not to exceed ten units, applied to the requirement
for the next two-year period.

4. The board shall not renew the license of any license holder who has
failed to complete the professional development requirements pursuant to
subsection 3 of this section, unless such license holder can show good
cause why he or she was unable to comply with such requirements. If the
board determines that good cause was shown, the board shall permit the
license holder to make up all outstanding required units of professional
development.

5. A license holder may at any time prior to the termination of his or
her license request to be classified as inactive. Inactive licenses may
be maintained by payment of an annual fee determined by the board.
Holders of inactive licenses shall not be required to complete
professional development as required in subsection 3 of this section.
Holders of inactive licenses shall not practice as professional land
surveyors. If the board determines that good cause was shown, the board
shall permit the professional land surveyor to make up all outstanding
required units of professional development.

6. A holder of an inactive license may return such license to an active
license to practice professional land surveying by paying the required
fee, and either:

(1) Completing one-half of the two-year requirement for professional
development multiplied by the number of years of lapsed or inactive
status. The maximum requirement for professional development units shall
be two and one-half times the two-year requirement. The minimum
requirement for professional development units shall be no less than the
two-year requirement. Such requirement shall be satisfied within the two
years prior to the date of reinstatement; or

(2) Taking such examination as the board deems necessary to determine
such person's qualifications. Such examination shall cover areas designed
to demonstrate the applicant's proficiency in current methods of land
surveying practice.

7. Exemption to the required professional development units shall be
granted to registrants during periods of serving honorably on full-time
active duty in the military service.

8. At the time of application for license renewal, each licensee shall
report, on a form provided by the board, the professional development
activities undertaken during the preceding renewal period to satisfy the
requirements pursuant to subsection 3 of this section. The licensee shall
maintain a file in which records of activities are kept, including dates,
subjects, duration of program, and any other appropriate documentation,
for a period of four years after the program date. (L. 1969 S.B. 117,
A.L. 1981 S.B. 16, A.L. 1983 H.B. 319, A.L. 1989 H.B. 190, et al., A.L.
1993 S.B. 27,, A.L. 1999 H.B. 343)

1. It shall be unlawful for the recorder of deeds of any county,
or the clerk of any city or town, or the clerk or other proper officer of
any school, road, drainage, or levee district or other political
subdivision of this state, to file or record any map, plat or survey
which has been prepared by a person other than a professional land
surveyor and which does not have impressed thereon, and affixed thereto,
the personal seal and signature of the professional land surveyor by whom
or under whose authority and supervision the map, plat or survey was
prepared.

2. Any person who violates the provisions of this section is guilty of a
class C misdemeanor. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1999 H.B.
343)

A professional land surveyor licensed pursuant to the provisions
of this chapter, together with such professional land surveyor's survey
party, who in the course of a land survey finds it necessary to go upon
the land of a party or parties other than the one for whom such
professional land surveyor is making the survey shall not be guilty of
trespass but shall be liable for any damage done to such lands or
property. (L. 1969 S.B. 117, A.L. 1999 H.B. 343)

The board shall issue a license to any architect, professional
engineer, professional land surveyor or landscape architect who has been
licensed in another state, territory or possession of the United States,
or in another country, provided that the board is satisfied by proof
adduced by such applicant that the applicant's qualifications meet or
exceed the requirements for initial licensure in Missouri at the time of
the applicant's initial license, and provided further that the board may
establish by rule the conditions under which it shall require any such
applicant to take any examination it considers necessary, and provided
further that the board is satisfied by proof adduced by such applicant
that the applicant is of good moral character, and provided further that
any such application is accompanied by the required fee which shall be
equal to the examination fee. (L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L.
1999 H.B. 343, A.L. 2001 H.B. 567)

(1971) Board of Registration for Architects is not required to issue a
certificate on the basis of reciprocity. Bloom v. Missouri Board of
Architects, P.E. & L.S. (A.), 474 S.W.2d 861.

The board shall upon application issue a license to any engineer
or professional land surveyor who is at least fifty years of age, who has
at least twenty years of satisfactory experience, and who passes a
written examination or holds a degree at the bachelor's level or higher
in engineering or science and passes an oral examination, provided that
any such application is accompanied by the required fee. (L. 1969 S.B.
117, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)

1. The right to practice as an architect or to practice as a
professional engineer or to practice as a professional land surveyor or
to practice as a landscape architect shall be deemed a personal right,
based upon the qualifications of the individual, evidenced by such
individual's professional license and shall not be transferable; but any
architect or any professional engineer or any professional land surveyor
or any landscape architect may practice his or her profession through the
medium of, or as a member or as an employee of, a partnership or
corporation if the plans, specifications, estimates, plats, reports,
surveys or other like documents or instruments of the partnership or
corporation are signed and stamped with the personal seal of the
architect, professional engineer, professional land surveyor, or
landscape architect by whom or under whose immediate personal supervision
the same were prepared and provided that the architect or professional
engineer or professional land surveyor or landscape architect who affixes
his or her signature and personal seal to any such plans, specifications,
estimates, plats, reports or other documents or instruments shall be
personally and professionally responsible therefor.

2. Any domestic corporation formed under the corporation law of this
state, or any foreign corporation, now or hereafter organized and having
as one of its purposes the practicing of architecture or professional
engineering or professional land surveying or landscape architecture and
any existing corporation which amends its charter to propose to practice
architecture or professional engineering or professional land surveying
or landscape architecture shall obtain a certificate of authority for
each profession named in the articles of incorporation or articles of
organization from the board which shall be renewed in accordance with the
provisions of section 327.171 or 327.261 or 327.351, as the case may be,
and from and after the date of such certificate of authority and while
the authority or a renewal thereof is in effect, may offer and render
architectural or professional engineering or professional land surveying
or landscape architectural services in this state if:

(1) At all times during the authorization or any renewal thereof the
directors of the corporation shall have assigned responsibility for the
proper conduct of all its architectural or professional engineering or
professional land surveying or landscape architectural activities in this
state to an architect licensed and authorized to practice architecture in
this state or to a professional engineer licensed and authorized to
practice engineering in this state or to a professional land surveyor
licensed and authorized to practice professional land surveying in this
state, or to a landscape architect licensed and authorized to practice
landscape architecture in this state, as the case may be; and

(2) The person or persons who is or are personally in charge and
supervises or supervise the architectural or professional engineering or
professional land surveying or landscape architectural activities, as the
case may be, of any such corporation in this state shall be licensed and
authorized to practice architecture or professional engineering or
professional land surveying or landscape architecture, as the case may
be, as provided in this chapter; and

(3) The corporation pays such fees for the certificate of authority,
renewals or reinstatements thereof as are required. (L. 1969 S.B. 117,
A.L. 1981 S.B. 16, A.L. 1996 H.B. 1368, A.L. 1999 H.B. 343, A.L. 2003
S.B. 478)

(1993) Although individual engineers providing defendant with designs
were registered under Missouri law, contracts were unenforceable, because
chapter 327, RSMo clearly requires that a corporation which practices
engineering obtain a certificate of authority from the board for
architects, professional engineers, and land surveyors, in addition to
the registration of individual engineers. Ellers, Oakley, et al. v. St.
Louis Air Cargo, 984 F.2d 1108 (10th Cir.).

1. Each architect and each professional engineer and each
professional land surveyor and each landscape architect shall have a
personal seal in a form prescribed by the board, and he or she shall
affix the seal to all final documents including, but not limited to,
plans, specifications, estimates, plats, reports, surveys, proposals and
other documents or instruments prepared by the licensee, or under such
licensee's immediate personal supervision, and such licensee shall be
held personally responsible for the contents of all such documents sealed
by such licensee.

2. The personal seal of an architect or professional engineer or
professional land surveyor or landscape architect shall be the legal
equivalent of the licensee's signature whenever and wherever used, and
the owner of the seal shall be responsible for the architectural,
engineering, surveying, or landscape architectural documents, as the case
may be, when the licensee places his or her personal seal on such plans,
specifications, estimates, plats, reports, surveys or other documents or
instruments for, or to be used in connection with, any architectural or
engineering project, survey, or landscape architectural project.

3. Any architect, professional engineer, professional land surveyor, or
landscape architect may, but is not required to, attach a statement over
his or her signature, authenticated by his or her personal seal,
specifying the particular plans, specifications, plats, reports, surveys
or other documents or instruments, or portions thereof, intended to be
authenticated by the seal, and disclaiming any responsibility for all
other plans, specifications, estimates, reports, or other documents or
instruments relating to or intended to be used for any part or parts of
the architectural or engineering project or survey or landscape
architectural project.

4. Nothing in this section, or any rule or regulation of the board shall
require any professional to seal preliminary or incomplete documents. (L.
1969 S.B. 117, A.L. 1999 H.B. 343, A.L. 2003 S.B. 478)

This state and its political subdivisions including counties,
cities and towns, or legally constituted boards, agencies, districts,
commissions and authorities of this state shall not engage in the
construction of public works involving the practice of architecture,
engineering or land surveying, unless the architectural and engineering
drawings, specifications and estimates and the plats and surveys have
been prepared by an architect, professional engineer or professional land
surveyor whose license is current and in good standing, as the case may
require. (L. 1969 S.B. 117, A.L. 1999 H.B. 343)

The board shall set the amount of the fees which this chapter
authorizes and requires by rules and regulations promulgated pursuant to
section 536.021, RSMo. The fees shall be set at a level to produce
revenue which shall not substantially exceed the cost and expense of
administering this chapter. (L. 1969 S.B. 117, A.L. 1981 S.B. 16)

1. The board may refuse to issue any license or certificate of*
authority required pursuant to this chapter for one or any combination of
causes stated in subsection 2 of this section. The board shall notify the
applicant in writing of the reasons for the refusal and shall advise the
applicant of the applicant's right to file a complaint with the
administrative hearing commission as provided by chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any license or certificate of authority required by this chapter or
any person who has failed to renew or has surrendered such person's
license or certificate of authority, for any one or any combination of
the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by this
chapter;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions or duties of any profession
licensed or regulated under this chapter, for any offense an essential
element of which is fraud, dishonesty or an act of violence, or for any
offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
license or certificate of authority issued pursuant to this chapter or in
obtaining permission to take any examination given or required pursuant
to this chapter;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by this chapter;

(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or of any lawful rule or regulation adopted
pursuant to this chapter;

(7) Impersonation of any person holding a license or certificate of
authority, or allowing any person to use his or her license or
certificate of authority, or diploma from any school;

(8) Disciplinary action against the holder of a license or a certificate
of authority, or other right to practice any profession regulated by this
chapter granted by another state, territory, federal agency or country
upon grounds for which revocation or suspension is authorized in this
state;

(9) A person is finally adjudged incapacitated or disabled by a court of
competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not licensed
and currently eligible to practice pursuant to this chapter;

(11) Issuance of a professional license or a certificate of authority
based upon a material mistake of fact;

(12) Failure to display a valid license or certificate of authority if so
required by this chapter or any rule promulgated pursuant to this chapter;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the board
may, singly or in combination, censure or place the person named in the
complaint on probation on such terms and conditions as the board deems
appropriate for a period not to exceed five years, or may suspend, for a
period not to exceed three years, or revoke the license or certificate of
authority of the person named in the complaint. (L. 1969 S.B. 117, A.L.
1981 S.B. 16, A.L. 1983 S.B. 44 & 45, A.L. 1999 H.B. 343)

*Word "or" appears in original rolls.

1. Any person who believes that an architect or a professional
engineer or a professional land surveyor has acted or failed to act so
that his or her license or certificate of authority should, pursuant to
the provisions of this chapter, be suspended or revoked, or who believes
that any applicant for a license or certificate of authority pursuant to
the provisions of this chapter is not entitled to a license or a
certificate of authority, may file a written affidavit with the executive
director of the board which the affiant shall sign and swear to and in
which the affiant shall clearly set forth the reasons for the affiant's
charge or charges that the license or certificate of an architect or
professional engineer or professional land surveyor should be suspended
or revoked or not renewed or that a license or certificate should not be
issued to an applicant.

2. If the affidavit so filed does not contain statements of fact which if
true would authorize, pursuant to the provisions of this chapter,
suspension or revocation of the accused's license or certificate, or does
not contain statements of fact which if true would authorize, pursuant to
the provisions of this chapter, the refusal of the renewal of an existing
license or certificate or the refusal of a license or certificate to an
applicant, the board shall either dismiss the charge or charges or,
within its discretion, cause an investigation to be made of the charges
contained in the affidavit, after which investigation the board shall
either dismiss the charge or charges or proceed against the accused by
written complaint as provided in subsection 3 of this section.

3. If the affidavit contains statements of fact which if true would
authorize pursuant to the provisions of this chapter the revocation or
suspension of an accused's license or certificate, the board shall cause
an investigation to be made of the charge or charges contained in the
affidavit and unless the investigation discloses the falsity of the facts
upon which the charge or charges in the affidavit are based, the board
shall file with and in the administrative hearing commission a written
complaint against the accused setting forth the cause or causes for which
the accused's license or certificate of authority should be suspended or
revoked. Thereafter, the board shall be governed by and shall proceed in
accordance with the provisions of chapter 621, RSMo.

4. If the charges contained in the affidavit filed with the board would
constitute a cause or causes for which pursuant to the provisions of this
chapter an accused's license or certificate of authority should not be
renewed or a cause or causes for which pursuant to the provisions of this
chapter a certificate should not be issued, the board shall cause an
investigation to be made of the charge or charges and unless the
investigation discloses the falsity of the facts upon which the charge or
charges contained in the affidavit are based, the board shall refuse to
permit an applicant to be examined upon the applicant's qualifications
for licensure or shall refuse to issue or renew a license or certificate
of authority, as the case may require.

5. The provisions of this section shall not be so construed as to prevent
the board on its own initiative from instituting and conducting
investigations and based thereon to make written complaints in and to the
administrative hearing commission.

6. If for any reason the provisions of chapter 621, RSMo, become
inapplicable to the board, then, and in that event, the board shall
proceed to charge, adjudicate and otherwise act in accordance with the
provisions of chapter 536, RSMo. (L. 1969 S.B. 117, A.L. 1986 H.B. 1163,
A.L. 1999 H.B. 343)

Every contract for architectural or engineering or land
surveying services entered into by any person who is not an architect or
professional engineer or professional land surveyor, as the case may be,
and who is not exempt from the provisions of this chapter, shall be
unenforceable by the unlicensed or unauthorized person, whether in
contract, quantum meruit or other legal theory, regardless of whether a
benefit has been conferred. (L. 1969 S.B. 117, A.L. 1999 H.B. 343)

1. As used in this section, the following terms shall mean:

(1) "Design-build", a project for which the design and construction
services are furnished under one contract;

(2) "Design-build contract", a contract between the owner, owner's agent,
tenant, or other party and a design-build contractor to furnish the
architecture, engineering, and related design services, and the labor,
materials, and other construction services required for a specific public
or private construction project;

(3) "Design-build contractor", any individual, partnership, joint
venture, corporation, or other legal entity that furnishes architecture
or engineering services and construction services either directly or
through subcontracts.

2. Any design-build contractor that enters into a design-build contract
for public or private construction shall be exempt from the requirement
that such person or entity hold a certificate of registration or such
corporation hold a certificate of authority if the architectural,
engineering, or land surveying services to be performed under the
contract are performed through subcontracts with:

(1) Persons who hold a certificate of registration for the appropriate
profession; or

(2) Corporations that hold current certificates of authority from the
board for the appropriate profession.

3. Nothing in this chapter shall prohibit the enforcement of a
design-build contract by a design-build contractor who only furnishes,
but does not directly or through its employees perform the architectural,
engineering, or surveying required by the contract and who does not hold
itself out as able to perform such services.

(L. 2002 S.B. 786)

The attorney general of Missouri shall, when requested by the
board, render legal assistance in carrying out the provisions of this
chapter. (L. 1969 S.B. 117)

Insofar as the provisions of this chapter are in conflict with
or inconsistent with the provisions of any other law of this state, the
provisions of this chapter shall be controlling. (L. 1969 S.B. 117)

As used in sections 327.600 to 327.635, the following terms mean:

(1) "Landscape architecture", the performance of professional services,
including but not limited to consultations, research, planning, design or
responsible supervision in connection with the development of land, in
which the dominant purpose of such professional services is the
preservation, enhancement or determination of land uses, natural land
features, ground cover and planting, naturalistic and esthetic value,
settings and approaches to structures or other improvements, natural
drainage and the consideration and determination of inherent problems of
the land relating to erosion, wear and tear, blight or other hazard;

(2) "Practice of landscape architecture", the location and arrangement of
such tangible objects and features as are incidental and necessary to the
purposes specified in the definition of landscape architecture, but shall
not include the design of structures or facilities with separate and
self-contained purposes such as are ordinarily included in the practice
of engineering or architecture, and shall not include the making of final
land plats for official approval or recording. (L. 1989 H.B. 190, et al.
§ 1, A.L. 2001 H.B. 567)

1. One year from the appointment of the landscape architecture
division, no person shall practice or offer to practice, or hold himself
or herself out as a landscape architect or as being able to practice
landscape architecture in this state or to use in connection with his or
her name or otherwise assume, or advertise unless he or she is licensed
as required by this chapter. Nothing in sections 327.600 to 327.635 shall
be construed to require licensing of employees of the state of Missouri
or its political subdivisions while performing duties for the state of
Missouri or a political subdivision, provided the project does not
jeopardize the public health, safety and welfare. Sections 327.600 to
327.635 shall not be construed to prohibit those persons engaged in
nursery occupations, gardeners, landscape contractors, home builders or
residential developers from preparing planting plans and items incidental
thereto, provided the project scope does not jeopardize the public
health, safety and welfare; nor shall sections 327.600 to 327.635 be
construed to prevent the practice of any other legally recognized
profession as governed by applicable law. Nothing contained in this
section shall under any circumstances be construed as in anyway affecting
the laws relating to the practice, licensing, certification or
registration of architects, engineers and land surveyors. An architect,
engineer or land surveyor licensed, certified or registered to practice
his or her profession or occupation pursuant to the provisions of any law
to regulate the practice of such profession or occupation is exempt from
licensing as a landscape architect, and nothing contained in this section
shall under any circumstances be construed as in anyway precluding an
architect or engineer from performing any of the services included within
the definition of the term landscape architecture in section 327.600.

2. The licensure requirement shall be waived for those persons who hold a
current registration by the division as a landscape architect on or
before August 28, 2001, provided that application is made on a form
prescribed by the board on or before December 31, 2002. The licensure
requirement shall be waived for those persons whose certificates of
registration have expired on or before August 28, 2002, by being approved
by the board for reinstatement of expired registration and then making
application for licensure on a form prescribed by the board on or before
December 31, 2002. (L. 1989 H.B. 190, et al. § 2, A.L. 2001 H.B. 567)

The board shall conduct all examinations, determine which
applicants have successfully passed the examinations and recommend each
such applicant to the division for licensure as a landscape architect.
The board may obtain the services of specially trained and qualified
persons or organizations to assist in conducting examinations of
applicants for licensure. Certification of an applicant's technical
qualifications by the council of landscape architectural registration
boards may be accepted by this state's board as establishing such
qualifications and the applicant shall not be required to pass any
further examination. (L. 1989 H.B. 190, et al. § 4, A.L. 2001 H.B. 567)

Any person who is of good moral character, has attained the age
of twenty-one years, and has a degree in landscape architecture from an
accredited school of landscape architecture and has acquired at least
three years satisfactory landscape architectural experience after
acquiring such a degree may apply to the board for examination and
licensure as a landscape architect. (L. 1989 H.B. 190, et al. § 6, A.L.
2001 H.B. 567)

Applications for examinations and licensure as a landscape
architect shall be typewritten on forms approved by the board. The
application shall contain the applicant's statements showing the
applicant's education, experience, results of previous landscape
architectural licensing examinations, if any, and such other pertinent
information as the board may require. Each application shall contain a
statement that it is made under oath or affirmation and that its
representations are true and correct to the best knowledge and belief of
the person signing the application subject to the penalties of making a
false affidavit or declaration, and shall be accompanied by the required
fee. (L. 1989 H.B. 190, et al. § 7, A.L. 2001 H.B. 567)

1. After the board has determined upon such inquiry and by such
methods as it may consider proper that an applicant possesses the
qualifications entitling the applicant to be examined, each applicant for
examination and licensure as a landscape architect shall appear before
the board or its representatives for examination at the time and place
specified by the board in a written notice to each such applicant,
provided that an examination shall be given at least once in each
calendar year.

2. The written examination shall be of such form, content and duration as
determined by the board to thoroughly test the qualifications of each
applicant.

3. Any person who passes the examination prescribed by the board shall be
entitled to be licensed as a landscape architect in Missouri, subject to
the other provisions of sections 327.600 to 327.635. (L. 1989 H.B. 190,
et al. § 8, A.L. 2001 H.B. 567)

If an applicant fails to pass the examination, he may make
application for reexamination on a form furnished to the applicant, and
may take another examination at the next scheduled examination. (L. 1989
H.B. 190, et al. § 9)

1. The license issued to every landscape architect in Missouri
shall be renewed on or before the license renewal date, provided that the
required fee is paid. The license of a landscape architect which is not
renewed within three months of the renewal date shall be suspended
automatically, subject to the right of the holder thereof to have such
suspended license reinstated within nine months of the date of
suspension, if the reinstatement fee is paid. Any license suspended and
not reinstated within nine months of the suspension date shall expire and
be void and the holder thereof shall have no rights or privileges
thereunder; provided, however, any person whose license has expired may
within the discretion of the board, upon payment of the fee provided
pursuant to section 327.625, be relicensed or reauthorized under his or
its original license number.

2. Each application for the renewal of a licensure shall be on a form
furnished to the applicant and shall be accompanied by the required fee.
(L. 1989 H.B. 190, et al. § 10, A.L. 2001 H.B. 567)

The board may license, in its discretion and without
examination, any landscape architect certified, licensed or registered in
another state or territory of the United States when such applicant has
qualifications which are at least equivalent to the requirements for
licensure as a landscape architect in this state. (L. 1989 H.B. 190, et
al. § 11, A.L. 2001 H.B. 567)

No person shall practice as a landscape architect in Missouri as
defined in section 327.600 unless and until the board has issued to him
or her a license certifying that he or she has been duly licensed as a
landscape architect in Missouri, and unless such licensure has been
renewed as provided in section 327.621; provided, however, that nothing
in sections 327.600 to 327.635 shall be construed as authorizing a
landscape architect to engage in the practice of architecture,
engineering, land surveying or to affect or prevent the practice of
architecture by an architect licensed pursuant to the laws of this state,
or to affect or prevent the practice of engineering by a professional
engineer licensed pursuant to the laws of this state, or to affect or
prevent the practice of land surveying by a land surveyor licensed
pursuant to the laws of this state; or to apply to any person licensed as
an architect, professional engineer or land surveyor in this state except
that no person shall hold themselves out to be a landscape architect
unless licensed pursuant to the provisions of sections 327.600 to
327.635. (L. 1989 H.B. 190, et al. § 14, A.L. 2001 H.B. 567)

The right to practice as a landscape architect shall be deemed a
personal right, based upon the qualifications of the individual,
evidenced by his or her license and shall not be transferable; provided,
however, that any licensed landscape architect may practice his or her
profession through the medium of, or as a member or as an employee of, a
partnership or corporation. (L. 1989 H.B. 190, et al. § 15, A.L. 2001
H.B. 567)

1. The board may refuse to issue any license required pursuant
to section 327.629, or renewal or reinstatement thereof, for one or any
combination of causes stated in subsection 2 of this section. The board
shall notify the applicant in writing of the reasons for the refusal and
shall advise the applicant of his or her right to file a complaint with
the administrative hearing commission as provided by chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any license required by section 327.629 or any person who has failed
to renew or has surrendered his or her license for any one or any
combination of the following causes:

(1) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of the
profession regulated pursuant to sections 327.600 to 327.635, for any
offense an essential element of which is fraud, dishonesty or an act of
violence, or for any offense involving moral turpitude, whether or not
sentence is imposed;

(2) Use of fraud, deception, misrepresentation or bribery in securing any
license or authority, permit or license issued pursuant to sections
327.600 to 327.635 or in obtaining permission to take any examination
given or required pursuant to sections 327.600 to 327.635;

(3) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(4) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of the
profession regulated by sections 327.600 to 327.635;

(5) Violation of, or assisting or enabling any person to violate, any
provision of sections 327.600 to 327.635, or of any lawful rule or
regulation adopted pursuant to such sections;

(6) Impersonation of any person holding a license or authority, permit or
license allowing any person to use his or her certificate or diploma from
any school;

(7) Disciplinary action against the holder of a license or other right to
practice the profession regulated by sections 327.600 to 327.635 granted
by another state, territory, federal agency, or country upon grounds for
which revocation or suspension is authorized in this state;

(8) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(9) Issuance of a license based upon a material mistake of fact;

(10) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapters 536 and 621, RSMo. Upon a
finding by the administrative hearing commission that the grounds,
provided in subsection 2 of this section, for disciplinary action are
met, the board may censure or place the person named in the complaint on
probation on such terms and conditions as the board deems appropriate for
a period not to exceed five years, or may suspend, for a period not to
exceed three years, or revoke the license. (L. 1989 H.B. 190, et al. §
16, A.L. 2001 H.B. 567)

Any person violating any of the provisions of sections 327.600
to 327.635 is deemed guilty of a class A misdemeanor. (L. 1989 H.B. 190,
et al. § 17)

Nothing contained in sections 327.600 to 327.635 shall be
considered as a directive to any state department of administration or
any political subdivision thereof to employ a landscape architect. (L.
1989 H.B. 190, et al. § 18)

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