Section 327.011

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 327

Effective - 28 Aug 2021, 4 histories   

  327.011.  Definitions. — 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 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;

  (3)  "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;

  (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 professional landscape architects;

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

  (7)  "Design coordination", the review and coordination of technical submissions prepared by others including, as appropriate and without limitation, architects, professional engineers, professional land surveyors, professional landscape architects, and other consultants;

  (8)  "Design survey", a survey which includes all activities required to gather information to support the sound conception, planning, design, construction, maintenance, and operation of design projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system;

  (9)  "Incidental practice", the performance of other professional services licensed under this chapter that are related to a licensee's professional service, but are secondary and substantially less in scope and magnitude when compared to the professional services usually and normally performed by the licensee practicing in their licensed profession.  This incidental professional service shall be safely and competently performed by the licensee without jeopardizing the health, safety, and welfare of the public.  The licensee shall be qualified by education, training, and experience as determined by the board and in sections 327.091, 327.181, 327.272, and 327.600 and applicable board rules to perform such incidental professional service;

  (10)  "Licensee", a person licensed to practice any profession regulated under this chapter or a corporation authorized to practice any such profession;

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

  (12)  "Person", any individual, corporation, firm, partnership, association or other entity authorized to do business;

  (13)  "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;

  (14)  "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;

  (15)  "Professional landscape architect", any person authorized pursuant to the provisions of this chapter to practice as a professional landscape architect in Missouri as the practice of landscape architecture is defined in section 327.600;

  (16)  "Responsible charge", the independent direct control of a licensee's work and personal supervision of such work pertaining to the practice of architecture, engineering, land surveying, or landscape architecture.

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(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, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2014 S.B. 809, A.L. 2021 H.B. 273 merged with H.B. 476)

(1991)  Where community center terminated a contract with a Nebraska manufacturer of prefabricated modular housing for the design and construction of a new drug and alcohol facility, the contract was unenforceable under Missouri law because manufacturer's duties under contract involved practice of architecture and professional engineering and manufacturer lacked licensing as required by Missouri law.  Kansas City Community Center v. Heritage Industries, Inc. 773 F.Supp. 181 (W.D. Mo.).