of Ethics Online Collection: None
NCEE MODEL RULES OF PROFESSIONAL CONDUCT
Preamble
In order to safeguard, life, health and property, to promote the public welfare, and to establish and maintain a high standard of integrity and practice, the following Rules of Professional Conduct shall be binding on every person holding a certificate of registration and on all partnerships or corporations or other legal entities authorized to offer or perform engineering or land surveying services in this state.
The Rules of Professional Conduct as promulgated herein are an exercise the police power vested in the Board by virtue of the acts of the legislature.
All persons registered under (identify State Registration Law) are charged with having knowledge of the existence of these Rules of Professional Conduct, and shall be deemed to be familiar with their provisions and to understand them. Such knowledge shall encompass the understanding that the practice of engineering and land surveying is a privilege, as opposed to a right.
In these Rules of Professional Conduct, the word "registrant" person holding a license or certificate issued by this Board.
FUNDAMENTALCANONS
Registrants, in the fulfillment of their professional duties, shall:
I. Hold paramount the safety, health and welfare of the public in the
performance of their professional duties.
II.Perform services only in the areas of their competence.
III. Issue public statements only in an objective and truthful manner.
IV. Act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
V. Avoid improper solicitation of professional employment.
I. Registrants shall hold paramount the safety, health and welfare of the public in the performance of their professional duties.
a. Registrants shall at all times recognize that their primary obligation is to protect the safety, health, property and welfare of the public. if their professional judgment is overruled under circumstances where the safety, health, property or welfare of the public are endangered, they shall notify their employer or client and such other authority as may be appropriate.
b. Registrants shall approve and seal only those design documents and surveys which are safe for public health, property and welfare in conformity with accepted engineering and land surveying standards.
Registrants shall not reveal facts, data or information obtained in a professional capacity without the prior consent of the client, or employer except as authorized or required by law.
d. Registrants shall not permit the use of their name or firm name nor associate in business ventures with any person or firm which they have reason to believe is engaging in fraudulent or dishonest business or professional practices.
Registrants having knowledge of any alleged violation of any of these rules of professional conduct, shall cooperate with the Board in furnishing such information or assistance as may be required.
II. Registrants shall perform services only in the areas of their competence.
a. Registrants shall undertake assignments only when qualified by education or experience in the specific technical fields of engineering or land surveying involved.
b. Registrants shall not affix their signatures or seals to any plans or documents dealing with subject matter in which they lack competence, nor to any such plan or document not prepared under their direction and control.
c. Registrants may accept an assignment outside of their fields of competence to the extent that their services are restricted to those phases of the project in which they are qualified, and to the extent that they are satisfied that all other phases of such project will be performed by registered or otherwise qualified associates, consultants, or employees, in which case they may then sign and seal the documents for the total project.
d. In the event a question arises as to the competence of a registrant in a specific technical field which cannot be otherwise resolved to the State Board's satisfaction; the State Board, either upon request of the registrant or on its own volition, shall admit the registrant to an appropriate examination.
III. Registrants shall issue public statements only in an objective and truthful manner.
a. Registrants shall be objective and truthful in professional reports, statements or testimony. They shall include all relevant and pertinent information in such reports, statements or testimony.
b. Registrants may express publicly a professional opinion on technical subjects only when that opinion is founded upon adequate knowledge of the facts and competence in the subject matter.
c. Registrants shall issue no statements, criticisms or arguments on technical matters which are inspired or paid for by interested parties, unless the registrants have prefaced their comments by explicitly identifying the interested parties on whose behalf they are speaking, and by revealing the existence of any interest the registrants may have in the matters.
IV. Registrants shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
a. Registrants shall disclose all known or potential conflicts of interest to their employers or clients by promptly informing them of any business association, interest, or other circumstances which could influence their judgement or the quality of their services.
b. Registrants shall I not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties.
Registrants shall not solicit or accept financial or other valuable consideration, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients for which the registrant is responsible.
d. Registrants in public service as members, advisors or employees of a governmental body or department shall not participate in decisions with respect to professional services solicited or provided by them or their organizations.
e. Registrants shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member, except upon public disclosure of all pertinent facts and circumstances and consent of appropriate public authority.
V. Registrants shall avoid improper solicitation of professional employment.
a. Registrants shall not falsify or permit misrepresentation of their, or their associates', academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments with the intent and purpose of enhancing their qualifications and their work.
b. Registrants shall not offer, give, solicit or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution in an amount intended to influence the award of a contract by public authority, but which may be reasonably construed by the public of having the effect or intent to influence the award of a contract.
