S.D. Admin. R. 20:38:36:01

Current through Register Vol. 51, page 67, December 16, 2024
Section 20:38:36:01 - Professional conduct

To establish and maintain a high standard of integrity, skill, and practice in the professions and to safeguard the life, health, safety, welfare, and property of the public, the following rules of professional conduct are binding upon each person holding a license and on all business entities authorized to offer or perform professional services under this article:

(1) A licensee shall maintain interest in the public welfare and be ready to apply the licensee's special knowledge, skill, and training for the use and benefit of the public;
(2) A licensee must be cognizant that the licensee's first and foremost responsibility is to the public welfare in the performance of services to clients and employers;
(3) A licensee may not associate with or allow the use of the licensee's name in connection with any enterprise, person, or firm of questionable character such as engaging in fraudulent or dishonest business or professional practices;
(4) A licensee shall carry on professional work in a spirit of fairness to all concerned, fidelity to clients and employers, and loyalty to country and must be devoted to high ideals of courtesy and personal honor;
(5) A licensee shall act with reasonable care and competence and shall apply the technical knowledge and skill that are ordinarily applied by other professionals of good standing who are practicing in this state;
(6) A licensee shall regard as confidential any information obtained about the business affairs and technical methods or processes of a client or employer;
(7) A licensee shall accurately represent to a prospective or existing client or employer the licensee's qualifications and the scope of the licensee's responsibility in connection with work for which the licensee is claiming credit;
(8) A licensee shall inform a client or employer of any business connections, interests, or affiliations that might influence the licensee's judgment or impair the disinterested quality of the licensee's services. If the client or employer objects to the business connection, interest or affiliation, the licensee must either terminate the business connection, interest or affiliation, or offer to give up the employment;
(9) A licensee shall accept financial or other compensation for a particular service from one source only unless there is full disclosure and the consent of all interested parties;
(10) A licensee shall comply with the licensure laws and rules governing the licensee's professional practice in any United States jurisdiction;
(11) A licensee shall approve and seal only those documents and submissions that conform to accepted architectural, engineering, landscape architectural, land surveying, or petroleum release standards and safeguard the life, health, safety, welfare, and property of the public;
(12) A licensee shall confine professional services to the profession and technical field in which the licensee is licensed and competently qualified;
(13) A licensee shall undertake to perform professional services only when the licensee, together with the individual whom the licensee may engage as a consultant, is qualified by education, training, and experience in the specific technical areas involved. If a question arises about the competence of a licensee to perform an assignment in a specific technical field that cannot be otherwise resolved to the board's satisfaction, the board may require the licensee to submit to an examination in the technical field as specified by the board;
(14) A licensee may not seal plans or other documents for the preparation of which the licensee is not in direct responsible charge or that deal with subject matter in which the licensee lacks competence;
(15) A licensee may not directly or indirectly use or make use of, for the licensee's benefit, any property, facility, or services of the licensee's client or employer unless prior authority is obtained;
(16) A licensee shall cooperate with architectural, engineering, landscape architecture, land surveying, and petroleum release agencies in advancing those professions;
(17) A licensee may not engage in any discriminatory practices prohibited by law in the employment of personnel and in the conduct of business;
(18) A licensee may not solicit or accept compensation from a material or equipment supplier for specifying the supplier's products;
(19) A licensee may not solicit or accept compensation, directly or indirectly, from a contractor, the contractor's agent, or other parties not under contract in connection with work for clients or employers for which the licensee is responsible;
(20) A licensee may not offer to pay, directly or indirectly, a commission, political contribution, gift, or other compensation in order to secure work, exclusive of payment made to an employment agency for the employment agency's services;
(21) A licensee shall take into account all applicable state and municipal laws, ordinances, and regulations and may not knowingly execute a project in violation of the laws, ordinances, or regulations;
(22) In the course of work on a project, if a licensee becomes aware of an action taken by the client or employer against the licensee's advice, which violates applicable state or municipal laws, ordinances, and regulations and which will, in the licensee's judgment, adversely affect the life, health, safety, welfare and property of the public, the licensee shall take the following actions:
(a) Advise the client or employer in writing of the licensee's refusal to consent to the decision and give reasons for the refusal;
(b) If the licensee's advice is ignored despite the objection, terminate the licensee's services to the project; and
(c) Provide a copy of the licensee's objection and reasoning to the public official charged with the enforcement of the applicable state or municipal laws, ordinances, and regulations;
(23) A licensee shall indicate any reservation on a reference for an applicant if the licensee has reason to believe the applicant is unqualified by education, training, or experience to become licensed. The licensee's opinion must be based on the qualifications a reasonable and prudent professional would require an applicant to possess;
(24) A licensee may accept an assignment for coordination of an entire project if each design segment is signed and sealed by the licensee responsible for preparation of that design segment;
(25) A licensee must be completely objective and truthful in all professional reports, statements, or testimony and shall include all relevant and pertinent information in those reports, statements, or testimony;
(26) A licensee may express a professional opinion publicly only if the opinion is founded upon adequate knowledge of the facts at issue, upon background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the licensee's testimony if serving as an expert or technical witness;
(27) A licensee making public statements on professional questions shall disclose if the licensee is being compensated for making such statements;
(28) A licensee shall make decisions impartially when acting as an interpreter of construction contract documents and a judge of contract performance, favoring neither party to the contract;
(29) A licensee who is aware of the violation of any of the rules of professional conduct by another licensee shall report the violation to the board for investigation;
(30) A licensee maintaining an office in South Dakota shall have a licensee regularly employed and scheduled in that office who is in direct responsible charge of the professional work;
(31) A licensee may not engage in conduct involving fraud or disregard of the rights of others;
(32) A licensee is bound by and shall comply with all provisions relating to the licensee's profession and technical field contained in SDCL chapter 36-18A and this article;
(33) A licensee must notify the board within twenty calendar days if another state has disciplined the licensee for any reason and in any manner or if the licensee has received an alternative resolution in lieu of discipline; and
(34) A licensee shall respond within thirty calendar days of an audit notification.

Noncompliance with any of the rules of professional conduct may result in disciplinary action.

S.D. Admin. R. 20:38:36:01

26 SDR 9, effective 7/29/1999; 29 SDR 95, effective 1/6/2003; 33 SDR 70, effective 6/20/2006; transferred from § 20:38:20:01, 38 SDR 121, effective 1/16/2012; 51 SDR 056, effective 11/20/2024

General Authority: SDCL 36-18A-22(8).

Law Implemented: SDCL 36-18A-56.