Current through Register Vol. XLI, No. 40, October 4, 2024
Section 23-5-6 - Standards of Professional Conduct6.1. Licensee's Obligation to the Public.6.1.a. Licensees, in the performance of their services for clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public health, safety and welfare.6.1.b. Licensees shall approve and seal only those documents that conform to accepted surveying standards.6.1.c. Licensees shall notify their employer or client and such other authority as may be appropriate when their professional judgment is compromised under circumstances where the life, health, property, or welfare of the public is endangered.6.1.d. Licensees shall be objective and truthful in professional reports, statements, or testimony.6.1.e. Licensees shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.6.1.f. Licensees shall issue no statements, criticisms, or arguments on technical matters which are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest they have in the matters.6.1.g. Licensees may not knowingly permit the use of their name or firm name by, nor associate in the business ventures with, any person or firm, which is engaging in fraudulent or dishonest business or professional practices.6.1.h. Licensees may not intentionally make statements to the public that result in, or have the potential of resulting in, insult or injury.6.1.i. Licensees having knowledge of possible violations of any of these standards of professional conduct shall provide the Board with the information and assistance necessary to make the final determination of such violation.6.2. Licensee's Obligation to Profession, Clients and Employer. 6.2.a. Licensees shall undertake to perform assignments only when qualified by education or experience in the specific technical fields of surveying involved.6.2.b. Licensees may accept assignments for coordination of an entire project, provided that each segment is signed and sealed by the licensee responsible for preparation of that segment. A surveyor may accept an assignment requiring education or experience outside of his or her own field of competence, but 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 the project shall be performed by qualified associates, consultants or employees.6.2.c. Licensees should not reveal or disseminate facts, data, or information obtained in a professional capacity to the public, including other professionals, without the prior consent of the client or employer if it has the potential to damage or harm the client or other parties except as authorized or required by law, rule or written contract.6.2.c.1. The licensee should use discretion when disseminating any information in their professional capacity even when authorized to do so.6.2.c.2. The licensee should retain all rights of ownership to the work product and the production of survey related documents, including the original survey documents and records.6.2.c.3. The client may retain the right to preclude dissemination of the work product or survey documents if set out in writing.6.2.d. Licensees shall provide to the client, or designated representative, certified survey documents along with copies, if requested, according to the surveyor-client agreement and the standards of practice as set forth by law or rule.6.2.e. Licensees shall make full prior disclosures to their employers or clients of potential conflicts of interest or other circumstances which could influence or appear to influence their judgment or the quality of their service.6.2.f. Licensees shall not accept compensation, financial or otherwise, from more than one party for services while working on the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.6.2.g. Licensees shall not solicit gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients.6.2.h. Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member without proper disclosure and written waiver thereof. Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private concern, shall not participate in decisions with respect to professional services offered or provided by said concern to the governmental body which they serve.6.3. Licensee's Obligation to Other Licensees.6.3.a. Licensees shall not falsify or permit misrepresentation of their, or their associates', academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incident to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments.6.3.b. Licensees shall not offer, give, solicit, or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.6.3.c. Licensees shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees' work or deter third persons from associating or dealing with the licensee.