Section 0780-05-07-.10 - CODE OF PROFESSIONAL CONDUCT(1) Licensees shall uphold the public health, safety, and welfare in the performance of professional services.(2) Licensees shall observe and comply with all federal, state and local building, fire, safety, real estate, or mining codes, as well as other laws, codes, ordinances, or regulations pertaining to the practice of geology.(3) Licensees shall not undertake any type of work that he or she is not competent to undertake unless the licensee discloses his or her lack of training, experience, or education in writing to all appropriate parties prior to undertaking the work.(4) Licensees shall not affix their signatures and/or seal any plans, plats, drawings, reports, or other geologic papers or documents with subject matter in which they lack competence acquired through education or experience, nor shall licensees affix their signatures and/or seal plans, plats, drawings, reports, or other geologic papers or documents that were not prepared or reviewed by the licensee or the licensee's subordinate and approved by the licensee.(5) Opinions expressed by licensees shall only be based on their education, experience, and honest convictions.(6) Licensees shall not disclose any information about the lawful business affairs or technical processes of a client or employer without the approval of the client or employer, or the client's/employer's designated representative, unless required by subpoena or in response to a complaint filed with the commissioner.(7) Licensees shall not knowingly participate in any illegal activities, or knowingly permit the publication of his or her plans, plats, drawings, reports, or other geologic papers or documents for illegal purpose.(8) Licensees shall not issue false or misleading information or statements to a client.(9) No licensee shall accept compensation or any other consideration from more than one (1) interested party for the same service without the consent of all interested parties.(10) No licensee shall accept or offer commissions or allowances, directly or indirectly, from other parties dealing with the client or employer in connection with work for which the licensee is responsible.(11) Before the execution of a contract to perform geology services, a licensee shall disclose to the client or employer any actual or potential conflicts of interest, which may affect the licensee's ability to serve the client or employer.(12) Licensees shall not engage in false or misleading advertising or otherwise misrepresent any matters to the public.Tenn. Comp. R. & Regs. 0780-05-07-.10
Public necessity rule filed November 21, 2007; effective through May 10, 2008. Rule expired May 11, 2008; reverted back to its prior status. Original rule filed March 26, 2008; effective June 9, 2008.Authority: Chapter 495 of the Public Acts of 2007, §§ 15 and 18 and T. C. A. §§ 62-36-114 and 62-36117 [effective January 1, 2008].