Presentation on theme: "Rules of Professional Responsibility. Scope w To establish and maintain a high standard of integrity, skills and practice in the profession. w To safeguard."— Presentation transcript:
Scope w To establish and maintain a high standard of integrity, skills and practice in the profession. w To safeguard the life, health, property and welfare of the public. w The Rules are binding on all persons and business entities to whom the Board has issued a license or certificate.
Scope w All registrants and certificate holders are obligated to become familiar with the Rules. w Biennially, when you renew your license or certificate you sign a certification that you have read and agree to abide by the Rules. w Failure to obey the Rules may result in disciplinary action by the Board.
Responsibility to the Public w Your primary obligation is to the public. w You are obligated to exercise such care, skill and diligence as others in like circumstances ordinarily exercise.
Responsibility to the Public w If your professional judgement is overruled under circumstances where the public safety, health or welfare might be endangered, you are obligated to inform your client or employer of the possible consequences and notify the Board or such other authority of the situation, where appropriate.
Responsibility to the Public w If you discover a material discrepancy, error or omission on the part of another registrant or certificate holder, you are obligated to make a reasonable attempt to contact them in writing and obtain a response from them. The other registrant or certificate holder has 60 days in which to respond in writing. You are further obligated to contact the Board if you do not receive a satisfactory response.
Competency for Assignments w Registrants may only undertake assignments for which they are competent as evidenced by their education and experience. Qualified associates, consultants or employees of the registrant may be in responsible charge of portions of assignments not within the Registrants expertise.
Competency for Assignments w Registrants shall avoid actions and procedures which amount to aiding and abetting an unregistered person to practice. w Registrants shall affix their seal and signature only to documents prepared under their responsible charge.
Idaho Code 54-1202(h) w “Responsible Charge” means the control and direction of the investigation, studies, design, construction or operation of engineering work requiring initiative, professional skill and independent judgement.
Public Statements w Registrants shall be complete, objective and truthful in all professional reports, statements or testimony and shall include all relevant and pertinent information in such reports, statements or testimony.
Public Statements w A Registrant shall express an opinion before a court, commission or other tribunal 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 testimony.
Public Statements w On matters connected with establishing public policy a Registrant or Certificate Holder shall issue no statements, criticisms or arguments which are paid for by an interested party, unless he has prefaced his comment by explicitly identifying himself, by disclosing the identities of the party, on whose behalf he is speaking, and by revealing the existence of any pecuniary interest he may have in the matters.
Public Statements w A Registrant shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of another Registrant or Certificate Holder, nor shall he indiscriminately criticize another’s work in public. If he believes that another Registrant or Certificate Holder is guilty of fraud, deceit, negligence, incompetence, misconduct or a violation of these Rules he should present such information to the Board for action.
Conflict of Interest w Conflict of interest with an employer or client shall be conscientiously avoided, but when unavoidable, the Registrant or Certificate holder shall disclose the circumstances to the employer or client in writing. Registrants and Certificate Holders shall also inform the employer or client in writing of any business association, interests, or circumstances which might influence the Registrant’s or Certificate Holder’s judgement or quality of service, or jeopardize the clients’ interests.
Conflict of Interest w Compensation from more than one party for services on the same project may only be accepted if the circumstances are fully disclosed, in writing, in advance and agreed to by all interested parties. w Registrants or Certificate Holders cannot solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying or recommending the products of said suppliers without full disclosure as required above.
Conflict of Interest w Registrants or Certificate Holders cannot solicit or accept gratuities, gifts, travel, lodging, loans, entertainment or other favors directly or indirectly, from any third party dealing with a client or employer in connection with work for which the Registrant or Certificate Holder is responsible which could be construed to be an effort to improperly influence the Registrant’s or Certificate Holder’s professional judgement. Nor shall Registrants or Certificate Holders make any such improper offer.
Conflict of Interest w Registrants and Certificate Holders cannot solicit or accept a contract from a government agency on which an existing principal or officer of his organization serves as a member of the elected policy and governing body or serves as a member of an entity of such governmental authority having the right to contract for the services of the Registrant or Certificate Holder.
Conflict of Interest w If a Registrant or Certificate Holder serves as a member, advisor or consultant to a governmental board, commission or department, he shall not participate in decisions with respect to professional services that have been offered to or performed for the government agency or any other client by his associates, firm or employer.
Conflict of Interest w A Registrant or Certificate Holder may not use the advantages of his position as a full- time employee to compete unfairly with other professionals. w A Registrant or Certificate Holder may not accept professional employment outside his regular work or interest without the written permission of that person’s employer.
Solicitation of Work w A Registrant or Certificate Holder shall not pay a commission in an effort to secure work, except to a bona fide employee or bona fide established business enterprises retained by the Registrant or Certificate Holder for the purpose of securing business or employment.
Solicitation of Work w A Registrant or Certificate Holder shall be truthful in representing his and his associate’s academic and professional qualifications, and shall not misrepresent or exaggerate the degree of responsibility in or for the subject matter of prior assignments. Brochures incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint-ventures or his or their past accomplishments with the intent and purpose of enhancing qualification for the work. The Registrant or Certificate Holder shall not indulge in publicity that is misleading.
Solicitation of Work w A Registrant or Certificate Holder shall not knowingly seek or accept employment for professional services for an assignment which another Registrant or Certificate Holder is employed or contracted to perform without the currently employed or contracted entity being informed in writing.
Solicitation of Work w A Registrant or Certificate Holder shall not accept an agreement, contract or commission for professional services on a contingency basis which may compromise his professional judgement and shall not accept a contract with provisions wherein the payment of fee involved is contingent on a favorable conclusion, recommendation or judgement.
Solicitation of Work w Registrants and Certificate Holders should seek professional employment and professional service work on the basis of qualifications and competence.
Improper Conduct w A Registrant or Certificate Holder shall not knowingly associate with or permit the use of his name or the firm name in a business venture by any person or firm which it is known, or there is reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature.
Improper Conduct w Registrants or Certificate Holders shall not reveal confidential facts, data or information obtained in a professional capacity without prior written consent of the client or employer except as authorized or required by law.
Improper Conduct w After a hearing, the Board can take action against a Registrant if another jurisdiction took action for a reason that would have been a violation of a statute or rule in Idaho.
Rule Infractions w Any person may file a written affidavit with the Executive Director of the Board alleging a statute or rule violation. The Board has six (6) months in which to either hold an administrative hearing or dismiss the charges as unfounded or trivial. w The Board may, at its own discretion, initiate an investigation of alleged or possible rule infractions that have come to its attention.