July 17, 2024

AIA New Jersey President Brian Penschow, AIA, Proposes A Strategy to Combat Unlicensed Practice

AIA New Jersey President Brian Penschow, AIA, is proposing a plan to combat one of the most frequently cited complaints of AIA NJ members, Unlicensed Practice. This is not a new problem, but one that has been a challenge for individuals and organizations for decades. President Penschow is proposing a Criminal Statute as a potential means to address the issue. 

Here are some examples of the problem as it exists today and proposed strategies to solve it…

How Unlicensed Practice Occurs

1. Misrepresentation: Individuals may falsely claim to be licensed architects. They might use misleading titles like “architectural designer” to suggest they have credentials they don’t possess.
2. Offering Complete Services: Some unlicensed practitioners offer comprehensive architectural services exceeding what is legally permissible, including design, planning, and even overseeing construction projects.
3. Illegal Partnerships: Unlicensed individuals sometimes partner with licensed professionals who “rubber stamp” their work. This practice allows unlicensed practitioners to circumvent legal requirements by having a licensed architect sign off on their designs.
4. Freelance Work: Especially with the rise of online platforms, unlicensed individuals may take on freelance work that spans different states, often without a clear understanding of each state’s licensing laws.
5. Residential Projects: Many unlicensed practitioners focus on smaller residential projects, assuming that clients are less likely to demand proof of licensure for these jobs as compared to large commercial projects.

Creating, Implementing and Enforcing the Statute

1. Legislation: The first step is to work with state legislators to draft and pass a statute that specifically criminalizes unlicensed architectural practice. This should involve input from legal experts, architects, and consumer protection advocates.
2. Education and Training: Law enforcement and regulatory bodies need training on how to enforce the new statute effectively. This includes understanding the nuances of architectural practice and recognizing signs of unlicensed work.
3. Public Campaigns: Launching public awareness campaigns to inform the community about the new law and the importance of hiring licensed professionals. This can involve media outreach, educational seminars, and online resources.
4. Reporting Mechanisms: Establishing easy-to-use reporting mechanisms for the public and professionals to report suspected unlicensed practice. This could include hotlines, online forms, and partnerships with consumer protection organizations.
5. Regular Audits: Conducting regular audits of architectural firms and construction projects to ensure compliance with licensing laws. This proactive approach can help catch violations early.

The Role of a Criminal Statute

1. Deterrence: A criminal statute with clear penalties, including fines and potential jail time, serves as a strong deterrent. The threat of significant legal consequences can dissuade individuals from engaging in unlicensed practice.
2. Clear Legal Framework: Establishing a criminal statute creates a clear legal framework for what constitutes unlicensed practice. This makes it easier for authorities to identify and prosecute offenders.
3. Empowerment of Regulatory Bodies: A criminal statute can empower state licensing boards and other regulatory bodies to take swift and decisive action against unlicensed practitioners. It provides a solid legal basis for investigation and enforcement.
4. Public Awareness: The existence of a criminal statute can raise public awareness about the importance of hiring licensed professionals. It sends a clear message that unlicensed practice is not just unethical but illegal.
5. Streamlined Investigations: Law enforcement agencies can use the statute as a basis for investigating reports of unlicensed practice. This can include undercover operations, audits of architectural firms, and collaboration with consumer protection agencies.

The Impact on the Profession

1. Upholding Standards: Strict enforcement of licensing laws helps maintain high standards within the profession. It ensures that only qualified individuals can offer architectural services, which protects the public and the integrity of the profession.
2. Fair Competition: Licensed architects invest significant time and resources into their education and licensure. Enforcing these laws ensures that they are not unfairly undercut by unlicensed practitioners who bypass these requirements.
3. Public Trust: By taking a strong stance against unlicensed practice, the profession can build greater trust with the public. People will feel more confident that their architects are qualified and that their projects are in safe hands.
4. Professional Development: Encouraging compliance with licensing laws also promotes continuous professional development. Licensed architects are required to stay current with best practices and innovations, which benefits the entire field.

Moving Forward

Given the complexities of this issue, it’s clear that a multifaceted approach is needed. By combining legal action with public education and professional support we can create a robust system that deters unlicensed practice, protects both the public and the profession and potentially serves as a model law. Look for more information on this subject in the next six months. 

By Stacey Ruhle Kliesch, AIA, AIA NJ Advocacy Consultant | Posted in Business, Legislative & Government Affairs | Tagged: #CriminalStatute, #protectthepublic, #unlicensedpractice, Architect, HSW | Comments (0)