N.H. Admin. Code § Eng 501.03

Current through Register No. 50, December 12, 2024

Section Eng 501.03 - Standards of Conduct

(a) The professional engineer shall hold paramount the safety, health, and welfare of the public as follows:

(1) Perform their services only in areas of their competence;

(2) Issue statements only in an objective and truthful manner;

(3) Act for each employer or client as faithful agents or trustees;

(4) Avoid deceptive acts;

(5) Conduct themselves ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

(6) Undertake to perform engineering assignments only when qualified by education or experience in the specific technical field of professional engineering involved;

(7) Accept an assignment requiring education or experience outside of their own field of competence, but only to the extent that the services are restricted to those phases of the project in which the licensee is qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees;

(8) Not affix their signature or seal to any engineering plan or document dealing with subject matter for which they lack competence by virtue of education or experience, nor to any such plan or document not prepared under their direct supervisory control;

(9) Exercise direct supervisory control, which requires a licensee to maintain responsible charge which includes:

a. Providing all client contracts;

b. Internal and external financial control; and

c. Overseeing employee training;

(10) Exercise control and supervision over all jobs requirements which includes:

a. Research;

b. Planning;

c. Design;

d. Field supervision; and

e. Work product review;

(11) Not delegate responsible charge or direct supervisory control to a non-licensed individual to provide professional services as specified in Eng 501.03 (a) (9); and

(12) May affix their seal and signature to drawings and documents depicting the work of 2 or more professionals provided they designate by a note under their seal the specific subject matter for which they are responsible.

(b) The professional engineer shall issue public statements only in an objective and truthful manner; as follows:

(1) Be objective and truthful in all professional reports, statements, or testimony and include all relevant and pertinent information in such reports, statements, or testimony;

(2) When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of their testimony;

(3) Issue no statements, criticisms, or arguments on engineering issues connected with public policy which are influenced or paid for by an interested party, or parties, unless they have prefaced their comment by explicitly identifying themselves by disclosing the identities of the party or parties on whose behalf they are speaking, and by revealing the existence of any pecuniary interest they may have in the instant matters;

(4) Not attempt to injure, maliciously or falsely, directly, or indirectly, the professional reputation, prospects, practice, or employment of another engineer nor shall they indiscriminately criticize another engineer in public; and

(5) If they believe that another engineer is guilty of misconduct or illegal practice, they shall present such information to the board.

(c) The professional engineer shall avoid conflicts of interest as follows:

(1) Promptly inform their employer or client of any business associations, interests, or circumstances, which could influence their judgment, or the quality of their services;

(2) Not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

(3) Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

(4) Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with their client or employer in connection with work for which they are responsible;

(5) When in public service as a member, advisor, or employee of a governmental body or department, not participate in considerations or actions with respect to services provided by them or their organization in private engineering practices; and

(6) Not solicit or accept an engineering contract from a governmental body on which a principal or officer of their organization serves as a member.

(d) The professional engineer shall solicit or accept work only on the basis of their qualifications as follows:

(1) Not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies;

(2) Shall compete for employment on the basis of professional qualification and competence to perform the work;

(3) Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive, or unfair statement or claim regarding the cost, quality, or extent of services to be rendered;

(4) Not falsify or permit misrepresentation of their, or their employees or co-worker's, academic or professional qualifications;

(5) Not misrepresent their degree of responsibility in or for the subject matter of prior assignments; and

(6) Not distribute brochures or other presentations incident to the solicitation of employment which shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or their past accomplishments with the intent and purpose of enhancing their qualifications and their work.

(e) The professional engineer shall provide their services in an ethical and lawful manner as follows:

(1) Not knowingly associate with or permit the use of their name or firm name in a business venture by any person or firm which they know, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(2) If they have knowledge or reason to believe that another person or firm may be in violation of any of these provision or provisions of RSA 310-A:2 through RSA 310-A:27, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

(3) Cooperate with investigations and requests for information from the board and the board's representatives.

N.H. Admin. Code § Eng 501.03

#6911, eff 12-15-98; ss by #8190, eff 10-19-04; ss by #10045, eff 1-1-12

Amended by Number 45, Filed November 9, 2023, Proposed by #13787, Effective 12/19/2023, Expires 12/19/2033.