Comment:  The issue of self-determination of competency as the regulations have been written and are currently proposed places an undue burden on a review authority.  It seems regulants sometimes use a review authority to determine whether he or she is competent to practice a profession.  In other cases, it has been observed regulants use a review authority’s comments as a learning process to help educate him- or her-self on the requirements because he or she is not readily competent in the work submitted for review. 

As a result and all too often a regulant assumes because his or her plan was reviewed, commented on and/or approved by a review authority that it absolves him or her from any responsibility associated with the work not meeting the applicable technical regulations and standard of care.  Many time the phrase used by a regulant is “You (or you all) approved it.”   This mentality by regulants only serves to undermine the importance of licensure and perpetuate inappropriate perceptions of our professions by the public and review agencies.

It should be clear within the regulations that the review authority is not obligated or expected to determine whether a regulant is competent to practice a profession, a discipline within a profession, or work incidental to another profession.

A. The professional regulant shall undertake to perform professional assignments only when qualified by education or, experience, or both, and licensed or certified in the profession involved. Licensed professionals Regulants may perform assignments related to interior design provided they do not hold themselves out as certified in this profession unless they are so certified by this board. The professional regulant may accept an assignment requiring education or experience outside of the field of the professional's regulant's competence, but only to the extent that services are restricted to those phases of the project in which the professional regulant is qualified. All other phases of such project shall be the responsibility of licensed or certified associates, consultants or employees.

Recommendation – add “sentence that compliments section 18VAC10-20-760”.  A. The professional regulant shall undertake to perform professional assignments only when qualified by education or, experience, or both, and licensed or certified in the profession involved.  Regardless of acceptance, reviews, comments, recordations or approvals from a review authority, the regulant continues to assume full responsibilities for the work on which his or her seal and signature are affixed and possessing the competency required for such work.   Licensed professionals Regulants may perform assignments related to interior design provided they do not hold themselves out as certified in this profession unless they are so certified by this board. The professional regulant may accept an assignment requiring education or experience outside of the field of the professional's regulant's competence, but only to the extent that services are restricted to those phases of the project in which the professional regulant is qualified. All other phases of such project shall be the responsibility of licensed or certified associates, consultants or employees.