A
“practice” act regulates a group of actions or “practices” that
can only be carried out by persons licensed to carry out those
particular practices. For example: Only a licensed engineer can
design a bridge. So a practice act regulates a group of
practices, and then defines (through proof of education,
experience and testing) and subsequently “licenses” the group of
individuals that are qualified to carry out those practices.
So, if I try to design a bridge, I am breaking the law because I
am not a licensed engineer.
A
“title” act regulates a group of people that use a certain
“title,” with no regard or reference to, or regulations
about, a particular practice. But in order to be allowed
to use that title, the state requires that those people prove
that they have a certain level of experience and education
relevant to the particular title being regulated. For example,
in this proposed RCW, a person using the title of “soil
scientist” should have a degree in soil science and 5 years of
professional experience carrying out soil science work.
So a
title act regulates only a title, and provides a list to the
public of the “certified” (not licensed) individuals that meet
the required qualifications to use that title. Under that
circumstance and current related title act law in WA state, if a
forester identifies him/herself as a “landscape architect” when
writing a report, they are breaking the law because they have
not provided information to the state showing that they qualify
to use that title. But if the forester designs a landscaping
plan, or takes a soil sample, or develops erosion control plans,
or delineates a wetland…. they are not in violation of this or
any other current or future title act. In our case, they would
be in violation ONLY if they use the title “soil scientist” or
“wetland scientist” (or in current law, the titles “landscape
architect” or “notary public” …. any other currently regulated
title) when preparing their report for public use.