Ill. Admin. Code tit. 68 § 1380.300

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1380.300 - Standards of Professional Conduct

To safeguard the health, safety, and welfare of the public and to maintain integrity and high standards of skill and practice of professional engineering, the following standards of professional conduct shall be binding on every licensee and on all Professional Design Firms authorized to offer or perform professional engineering services in Illinois.

a) A Licensee's Obligation to the Public

1) Licensees shall be cognizant that their first and foremost responsibility is to safeguard the health, safety and welfare of the public when performing services for clients and employers.

2) Licensees shall sign and seal only those plans, surveys, and other documents that conform to accepted professional engineering standards and that safeguard health, safety, and welfare of the public.

3) Licensees shall notify their employer or client and any other authority as may be appropriate when their professional judgment is overruled when the health, safety, or welfare of the public is endangered.

4) Licensees shall, to the best of their knowledge, include all relevant and pertinent information in an objective and truthful manner within all professional documents, statements, and testimony.

5) Licensees shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.

6) Licensees shall issue no statements, criticisms, or arguments on professional engineering matters that are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters.

7) Licensees shall not partner, practice, or offer to practice with any person or firm that they know is engaged in fraudulent or dishonest business or professional practices.

8) Licensees who have knowledge or reason to believe that any person or firm has violated any rules or laws applying to the practice of professional engineering shall report it to the Division, may report it to appropriate legal authorities, and shall cooperate with the Division and those authorities as requested.

9) Licensees shall not knowingly provide false or incomplete information regarding an applicant in obtaining licensure.

10) Licensees shall comply with the licensing laws and rules governing the professional engineering profession in each of the jurisdictions in which they practice.

b) Licensee's Obligation to Employer and Clients

1) Licensees shall undertake assignments only when qualified by education or experience in the specific technical field of professional engineering involved.

2) Licensees shall not affix their signatures or seals to any plans, specifications, or other documents dealing with subject matter in which they lack competence, nor to any such plans, specifications, or other documents not prepared under their direct supervisory control.

3) Licensees may accept assignments and assume responsibility for coordination of an assignment outside of their field of competence if each technical segment is signed and sealed by the licensee responsible for preparation of that technical segment.

4) Licensees shall not reveal facts, data, or information obtained in a professional capacity without the prior consent of the client, employer, or public body on which they serve except as authorized or required by the Act or this Part.

5) Licensees shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients.

6) Licensees shall disclose to their employers or clients all known or potential conflicts of interest or other circumstances that could influence or appear to influence their judgment or the quality of their professional service or engagement.

7) Licensees shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

8) Licensees 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. Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private entity, shall not participate in decisions with respect to professional services offered or provided by that entity concern to the governmental body that they serve.

9) Licensees shall not use confidential information received in the course of their assignments as a means of making personal profit without the consent of the party from whom the information was obtained.

c) Licensee's Obligation to Other Licensees

1) Licensees shall not falsify or permit misrepresentation of their, or their firm's professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incidental to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, subconsultants, joint ventures, or past accomplishments.

2) Licensees 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 with the intent to influence the award of a contract by public authority.

3) Licensees shall not injure or attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees' work.

4) Licensees shall make a reasonable effort to inform another licensee whose work is believed to contain a material discrepancy, error, or omission that may impact the health, safety, or welfare of the public, unless such reporting is legally prohibited.

Ill. Admin. Code tit. 68, § 1380.300

Amended at 34 Ill. Reg. 5623, effective March 30, 2010

Amended at 47 Ill. Reg. 876, effective 1/5/2023