Section Geo 501.03 - Standards of Conduct(a) The licensed professional geologist shall hold paramount the safety, health, and welfare of the public.(b) The licensed professional geologist shall:(1) Perform his or her services only in areas of his or her competence;(2) Issue statements only in an objective and truthful manner;(3) Act for each employer or client as faithful agents or trustees;(4) Not engage in deceptive acts;(5) Conduct himself or herself honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;(6) Undertake to perform geology assignments only when qualified by education or experience in the specific technical field of professional geology involved;(7) Accept an assignment requiring education or experience outside of his or her own field of competence, only to the extent that his or her services are restricted to those phases of the project in which he or she is qualified. All other phases of such project shall be performed by qualified persons;(8) Not affix his/her signature or seal to any plan or document dealing with subject matter for which he or she lacks competence by virtue of education or experience, nor to any such plan or document not prepared under his or her direct supervisory control, however he or she may affix his/her seal and signature to drawings and documents depicting the work of 2 or more professionals provided he or she designates by a note under his/her seal the specific subject matter for which he/she is responsible; and(9) Exercise direct supervisory control, responsible charge which requires a licensee or employee to carry out all client contracts, provide internal and external financial control, oversee employee training, and exercise control and supervision over all jobs requirements to include research, planning, design, field supervision, and work product review. A licensee shall not contract with a non-licensed individual to provide these professional services.(c) The licensed professional geologist shall issue public statements only in an objective and truthful manner.(d) The licensed professional geologists shall: (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 his or her testimony;(3) Issue no statements, criticisms, or arguments on geological issues connected with public policy which are influenced or paid for by an interested party, or parties, unless he or she has prefaced his or her comment by explicitly identifying himself or herself by disclosing the identities of the party or parties on whose behalf he or she is speaking, and by revealing the existence of any pecuniary interest he or she may have in the instant matters;(4) Not attempt to injure, either maliciously or falsely, or directly or indirectly, the professional reputation, prospects, practice or employment of another geologist; and(5) If he or she believes that another licensed professional geologist is guilty of misconduct or illegal practice, he shall present such information to the board.(e) The licensed professional geologist shall avoid conflicts of interest.(f) The licensed professional geologist shall: (1) Promptly inform his employer or client of any business associations, interests, or circumstances, which could influence his or her judgment, or the quality of his or her 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 financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties dealing with his or her client or employer in connection with work for which he or she is 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 him or her or his or her organization in the private practice of the profession of geology; and(6) Not solicit or accept a geological contract from a governmental body on which a principal or officer of his/her organization serves as a member.(g) The licensed professional geologist shall solicit or accept work only on the basis of his/her qualifications.(h) The licensed professional geologist shall:(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) Compete for employment on the basis of professional qualification and competence to perform the work and shall not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive or unfair statements or claims regarding the cost, quality or extent of services to be rendered;(3) Not falsify or permit misrepresentation of his or her, or his or her associates' academic or professional qualifications, or misrepresent his or her degree of responsibility in or for the subject matter of prior assignments; and(4) Not distribute brochures or other presentations incident to the solicitation of employment which shall misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or his or her or their past accomplishments with the intent and purpose of enhancing his or her qualifications and his or her work.(i) The licensed professional geologist shall perform his/her services in an ethical and lawful manner.(j) The licensed professional geologist shall:(1) Not knowingly associate with or permit the use of his/her name in a business venture by any person or firm which he or she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;(2) If he/she has knowledge or reason to believe that another licensed professional geologist may be in violation of any of these provisions or provisions of RSA 310-A, 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 § Geo 501.03
#7526, eff 7-1-01; ss #9439, eff 3-25-09
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12152, Effective 3/24/2017, Expires 3/24/2027.