Engineering Profession & Ethics

• Engineering is a "profession" due to special knowledge, privileges, and responsibilities.
• Professions require extensive training and a large knowledge base.
• Professional skills are vital to society's well-being.
• Professions are self-regulating, controlling training and evaluation.
• Professionals have autonomy and use independent judgment.
• Professions adhere to ethical standards.
• Technical expertise coupled with ethical guidelines is essential for engineers to serve society effectively.
• Codes of ethics embody these principles, adopted by state boards, societies, and industries.
• Engineers must understand and follow these codes.
• The Model Rules address obligations to the public, employers/clients, and other licensees.
• Applying the code can be complex, with undefined terminology or conflicting sections.
• Conceptual issues involve disputes over definitions, while factual issues arise from incomplete information.
• Tradeoffs between risk/benefit or safety/economics require careful judgment.
• Codes cannot provide immediate answers; creative problem-solving is necessary.

Rules of Professional Conduct

• The rules of professional conduct should be binding upon every licensee and on all firms authorized to offer or perform engineering or surveying services.

Licensee’s Obligation to the Public

• Licensees must prioritize public health, safety, and welfare.
• Licensees should seal documents only if they meet engineering standards and protect the public.
• Licensees must report to employers/clients and authorities if professional judgment is overruled, endangering the public.
• Licensees should provide objective and truthful information in professional documents.
• Licensees should only publicly express opinions based on adequate knowledge and competent evaluation.
• Licensees must disclose interested parties and interests when making statements on engineering matters.
• Licensees cannot partner with those engaged in fraudulent practices.
• Licensees must report violations of engineering/surveying laws to the board and cooperate with authorities.
• Licensees must avoid providing false information for licensure.
• Licensees must comply with licensing laws in all jurisdictions.

Licensee’s Obligation to Employer and Clients

• Licensees should only accept assignments they are qualified for.
• Licensees should not sign documents outside their competence or created without their oversight.
• Licensees can coordinate projects if each segment is sealed by the responsible licensee.
• Licensees need client consent to reveal facts or data, unless legally required.
• Licensees should not accept gratuities from contractors.
• Licensees must disclose conflicts of interest.
• Licensees should not accept compensation from multiple parties on the same project without written consent.
• Licensees cannot solicit contracts from government bodies they are members of, or participate in decisions where their private concern is involved.
• Licensees should not use confidential information for personal profit.

Licensee’s Obligation to Other Licensees

• Licensees must not misrepresent their qualifications or experience.
• Licensees should not offer or accept commissions to secure work, or make political contributions to influence contracts.
• Licensees should not maliciously injure the reputation or work of other licensees.
• Licensees should inform other licensees of material errors in their work that could impact public safety, unless legally prohibited.

Definitions

• Engineer: Someone qualified in engineering through education, training, and experience.
• Professional Engineer: An individual licensed by the board.
• Professional Engineer, Retired: A licensed engineer who has relinquished their license and been approved by the board to use the title.
• Engineer Intern: An individual certified as an engineer intern by the board.
• Practice of Engineering: Applying engineering principles with the potential to impact public health, safety, and welfare. Includes planning, design, teaching, and reviewing engineered works.
• Inactive Status: For licensees not actively practicing engineering requiring licensure.
• Board: The jurisdiction board of licensure for engineers and surveyors.
• Jurisdiction: A state, district, or territory that issues licenses for engineering and surveying.
• Responsible Charge: Direct control and supervision of engineering or surveying work.
• Rules of Professional Conduct: The rules promulgated by the board, if any.
• Firm: Any business entity other than a sole proprietorship operating under an individual's name.
• Managing Agent: A licensed individual designated by the firm.
• Rules: Regulations adopted by the board.
• Signature: As defined by the Rules.
• Seal: A symbol, image, or list of information.
• Licensee: A professional engineer or surveyor.
• Person: An individual or firm.
• Authoritative: Trustworthy and competent, describing products, processes, or data from surveying.
• Disciplinary Action: A final decision or settlement against an individual or firm for violating board laws.
• Positional accuracy: How well information matches true values relative to the earth’s surface.
• Georeferenced: Referenced in spatial terms relative to the earth’s surface.
• Surveying deliverables: Maps, databases, or reports showing authoritative locations with stated or implied positional accuracy.

General Requirements for Licensure

• Licensure requires education, experience, and examinations.
• To be eligible, individuals must be of good character, meet education and experience criteria, pass exams, and submit references.
• Minimum evidence to qualify for certification as an engineer intern is graduating from an EAC/ ABET accredited program.
• Initial licensure requires meeting education, examination, and experience requirements.

Education Requirements for Professional Engineers

• A degree from an EAC/ABET bachelor's program
• Or a degree from an EAC/ABET master’s program
• Or a degree from a non-EAC/ABET program that meets the NCEES Engineering Education Standard.

Examination Requirements for Professional Engineers

• Pass the NCEES Fundamentals of Engineering (FE) and Principles and Practice of Engineering (PE) exams.
• The FE can be taken by college seniors or graduates of EAC/ABET programs or programs that meet the NCEES Engineering Education Standard.
• The PE exam may be taken by an engineer intern.

Experience Requirements for Professional Engineers

• Four years of progressive experience after receiving a qualifying degree.
• A master’s degree can substitute for one year of experience, while a doctoral degree can substitute for two years (if FE exam is passed) or no years if the FE exam wasn't taken.
• Graduate degrees must be relevant to the practice area and cannot be used for concurrent experience credit.

Licensure by Comity (Reciprocity) for Professional Engineers

• Holding a license from another jurisdiction with equivalent standards may allow licensure without further examination, except for knowledge of local statutes and rules.
• An active Council Record with NCEES may also qualify for licensure without further examination, except for knowledge of local statutes and rules.

Grounds for Disciplinary Action – Licensees and Interns

• The board can suspend, revoke, fine, or reprimand a licensee or intern for:
  • Fraud in obtaining licensure
  • Negligence or misconduct
  • Conviction of a felony or a crime involving dishonesty
  • Failure to comply with the Act or board rules
  • Discipline by another jurisdiction for similar grounds
  • Failure to provide information to the board
  • False statements
  • Aiding others in violating the Act
  • Violating board orders or practicing with an inactive license
  • Affixing a seal to documents not prepared under their responsible charge
  • Dishonorable conduct
  • False testimony
  • Substance abuse
  • Practicing outside their competence
• A fine may be assessed for each offense, with consideration of deterrence, circumstances, severity, economic benefits, public interest, and consistency with past fines.

Grounds for Disciplinary Action – Unlicensed Individuals

• The board can fine unlicensed individuals for:
  • Practicing engineering or surveying without a license
  • Using the titles "engineer" or "surveyor" without a license
  • Using a licensee's certificate or seal
  • Fraud in obtaining licensure
  • Impersonating a licensee
  • Using an expired or revoked license
• Each day of violation is a separate offense.
• The fine amount depends on deterrence, circumstances, severity, economic benefits, public interest, and consistency with past fines.

General Requirements for Certificates of Authorization

• Firms practicing engineering or surveying must obtain a certificate of authorization.
• This isn't required for firms doing work for themselves or a parent/subsidiary.
• The secretary of state cannot authorize firms with "engineer" or "surveyor" in their name without board approval.
• Similar restrictions apply to trade names and trademarks.

Grounds for Disciplinary Action – Firms Holding a Certificate of Authorization

• The board can discipline firms holding a certificate of authorization for:
  • Fraud
  • Negligence
  • Criminal conviction
  • Failure to comply with the Act
  • Discipline by other jurisdictions
  • Failure to provide information
  • False statements
  • Aiding others in violations
  • Violating board orders
  • Dishonorable conduct
  • False testimony
• Fines may be assessed, considering deterrence, circumstances, severity, economic benefits, public interest, and consistency.
• The board can also sanction a firm if its managing agents, officers, or managers violate the Act.

Exemption Clause

• The Act does not prevent:
  • Other legally recognized professions
  • Contingent licenses for comity applicants
  • Work of employees or subordinates under responsible charge.

Intellectual Property

• This is the creative product of the intellect, including inventions, symbols, literary works, patents, and designs.

Patents

• Provides a property right to the inventor, granted by the United States Patent and Trademark Office.
• Generally lasts 20 years from the filing date, with maintenance fees.
• Effective only within the United States.
• Utility patents cover new and useful processes, machines, articles, or compositions.
• Design patents cover new, original, and ornamental designs for articles of manufacture.
• Plant patents cover asexually reproduced new plant varieties.

Trademarks

• Protects words, names, symbols, or devices used to identify and distinguish goods.
• Prevents others from using confusingly similar marks.

Copyrights

• Protects "original works of authorship," including literary, dramatic, musical, and artistic works.
• Grants exclusive rights to reproduce, prepare derivative works, distribute, perform, or display the copyrighted work.

Trade Secrets

• Protects formulas, patterns, compilations, programs, devices, methods, techniques, or processes that provide a business advantage.
• Requires a written agreement for effective protection.

Societal Considerations

• Engineers are to deliver solutions that are technically viable, economically feasible, and environmentally and socially sustainable.
• Sustainable approaches include safety, public health, quality of life, and resource allocation.
• Life-cycle analysis assesses environmental consequences from design to disposal.
• Engineers address landscape aesthetics, ecosystem protection, resource conservation, pollution, emissions, and waste management.