10- 144 C.M.R. ch. 245, § 200

Current through 2024-51, December 18, 2024

Section 144-245-200 - Code of Ethics

Summary: Whereas the Site Evaluators' Licensing Program was established to ensure that Site Evaluators have and hold high standards in their practice, the Department has promulgated this Code of Ethics to assist in the protection of the public welfare and to safeguard life, health, property, and environment in the practices of Site Evaluation. Each Site Evaluator is expected to place these protections and safeguards first in their consideration when practicing their profession. The Code sets forth the principles and practices necessary for the ethical conduct of Site Evaluators.

A. General Principles

1.When the profession of site evaluation is practiced, it requires professional ethical conduct and professional responsibility as well as scientific knowledge on the part of the practitioner.

2.A site evaluator shall be guided by the highest standards of ethics, personal honor, and professional conduct.

B. Relations of Site Evaluator to the Public

1.A site evaluator shall avoid and discourage sensational, exaggerated and unwarranted statements regarding their work or the product of their work.

2.A site evaluator shall not knowingly permit the publication of his or her reports, maps or other documents for any unsound or illegitimate undertaking.

3.A site evaluator having or anticipating having a beneficial interest in a property on which the site evaluator is reporting shall state in the report the existence of such interest or future interest.

4.A site evaluator having a beneficial interest in a company or concern that sells or distributes proprietary devices on which the site evaluator is reporting shall state in the report the existence of such interest.

5.A site evaluator shall not give a professional opinion or submit a report without being as thoroughly informed as what might be reasonably expected, considering the purpose for which the opinion or report is requested.

6.A site evaluator shall not engage in false or deceptive advertising, or make false, misleading or deceptive representations or claims in regard to the profession of site evaluation or in regards to others in the practice of the profession of site evaluation, or which concern his or her own professional qualifications or abilities.

7.A site evaluator shall not make a false statement or issue false information even though directed to do so by an employer or client.

C. Relation of Site Evaluators to Employer and Client

1.A site evaluator shall protect, to the fullest possible extent, the interest of his or her employer or client so far as is consistent with the law and the site evaluator's professional obligations and ethics.

2.A site evaluator who finds that his or her obligations to an employer or client conflict with his or her professional standards or ethics shall have such objectionable employment conditions corrected or terminate his/her client business.

3.A site evaluator shall not use, directly or indirectly, any employer's or client's information in any way which is competitive, adverse or detrimental to the interest of that employer or client.

4.A site evaluator retained by one client shall not accept work from a second client without the written consent of both clients', if the interest of the two clients are conflicting.

5.A site evaluator who has made an investigation for an employer or client shall not seek to profit economically from the information gained, unless written permission to do so is granted, or until it is clear that there can no longer be a conflict of interest with the original employer or client.

6.A site evaluator shall not divulge information given or obtained in confidence.

7.A site evaluator shall engage, or advise an employer or client to engage and cooperate with, other experts and specialists whenever the employer's or client's interest would be best served by such service.

8.A site evaluator shall not accept referral fees from another professional person from whom she or he is referred; however, nothing herein shall prohibit a licensee from being compensated for consultation.

9.A site evaluator shall issue professional advice primarily within the site evaluator's expertise. An employer or client shall be notified if any professional advice outside the site evaluator's expertise is needed or required.

10.A site evaluator shall not affix their signatures to any document dealing with subject matter in which they lack competence and are not duly licensed.

D. Relations of Site Evaluators to Each Other

1.A site evaluator shall not falsely or maliciously attempt to injure the reputation or business of another.

2.A site evaluator shall give credit for work done by others and shall refrain from plagiarism in oral and written communications and shall not knowingly accept credit for work performed by another.

3.A site evaluator who is an employee shall not use his or her employer's resources for private gain without the prior knowledge and consent of his or her employer.

4.A site evaluator shall cooperate with others in the profession and encourage the ethical dissemination of site evaluator knowledge.

E. Duty to the Profession of Site Evaluator

1.Every site evaluator shall seek to discourage the licensure of those who have not followed these standards of ethics, or who do not have the required education and experience.

2.It shall be the duty and professional responsibility of a site evaluator not only to uphold these standards of ethics by their conduct and example but to also encourage and advise other site evaluators to adhere to the ethical standards.

10- 144 C.M.R. ch. 245, § 200