(a) All licensees and interns shall comply with the following standards, and failure to do so may result in discipline. In the event the referenced engineering code of ethics or surveying creed and canons conflict with the following standards, the standards in this section shall control. - (i) A licensee or intern shall not submit any materially false statements or fail to disclose any material facts requested in connection with the application for license;
- (ii) A licensee or intern shall not engage in fraud, deceit, misrepresentation, or concealment of material facts in advertising, soliciting or providing professional services to members of the public;
- (iii) A licensee or intern shall not knowingly seal, sign and date any plans, drawings, blueprints, land surveys, reports, specifications or other documents not prepared or without thorough technical review by the licensee or under the licensee's direct supervision;
- (iv) A licensee or intern shall not knowingly violate any federal or state statute concerning bribery;
- (v) A licensee or intern shall comply with all federal, state, and local building, fire, safety, real estate, and mining codes, and any other laws, codes, ordinances, or regulations pertaining to the licensee's professional practice. A licensee shall not provide any professional services in violation of any such laws, codes, ordinances, or regulations;
- (vi) A licensee or intern shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to his/her professional practice;
- (vii) A licensee shall apply the technical knowledge and skill which would be applied by other qualified licensees who practice the same profession;
- (viii) A licensee shall not accept an assignment where the duty to a client or the public would conflict with the licensee's personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;
- (ix) Licensees shall not accept compensation for services related to the same project or professional engagement from more than one private party without making full disclosure to all parties involved and obtaining the express written consent of all parties involved;
- (x) Licensees who serve governmental or quasi-governmental organizations or departments, or are board members of any organization which receives government funds, as members, advisors, or employees shall recuse themselves from any conflict of interest decision and act in the best interest of that organization;
- (xi) Except as provided in Subparagraph (xiv) below, a licensee shall not accept any professional engagement or assignment outside the licensee's professional license unless:
- (a) the licensee is qualified by education, technical knowledge or experience to perform such work and
- (b) such work is both necessary and incidental to the work of the licensee's profession on that specific engagement or assignment;
- (xii) Except as otherwise provided by law, code, ordinance, or regulation, a licensee may act as the prime professional for a given project and select collaborating professionals; however, the licensee shall perform only those professional services for which the licensee is qualified and shall seal, sign and date only the work prepared by the licensee or under the licensee's direct supervision;
- (xiii) A licensee shall make full disclosure to all parties concerning:
- (a) any transaction involving payments to any person for the purpose of securing a contract, assignment, or engagement, except for actual and substantial technical assistance in preparing the proposal; or
- (b) any monetary, financial, or beneficial interest, the licensee may hold in a contracting firm or other entity providing goods or services, other than the licensee's professional services, to a project or engagement;
- (xiv) A licensee shall not solicit, receive, or accept compensation from material, equipment, or other product or service suppliers for specifying or endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;
- (xv) If a licensee's professional judgment is overruled or not adhered to under circumstances where a serious threat to the public health, safety, or welfare results or would result, the licensee shall immediately notify the client or employer. If the client or employer does not take appropriate remedial action within a reasonable amount of time under the circumstances, the licensee shall also notify the Board of the specific nature of the public threat;
- (xvi) If called upon or employed as an arbitrator to interpret contracts or to judge contract performance, or to perform any other arbitration duties, the licensee shall render decisions impartially and without bias to any party.
(b) The Board has adopted and incorporated herein the National Society of Professional Engineers (NSPE) "Code of Ethics for Engineers" dated July 2007 and the National Society of Professional Surveyors (NSPS) "Surveyor's Creed and Cannons" copyright 1996-2012. All licensed professional engineers, engineer interns, professional land surveyors, and surveyor interns shall comply with the applicable code adopted by the Board.