Current through Register Vol. 47, No. 6, September 18, 2024
The board has authority pursuant to Iowa Code chapters 10A, 542B,
17A and 272C to impose discipline for violations of those chapters and the rules
promulgated thereunder and may initiate disciplinary action against a licensee
holding an active, inactive or lapsed license on any of the grounds identified in
Iowa Code section 542B.21.
(1) Fraud or
deceit in procuring or attempting to procure an initial, comity, renewal, or
reinstated license includes any intentional perversion of or reckless disregard
for the truth when an application, or information in support of another's
application, is submitted to the board, including:
a. False representation of a material fact,
whether by word or by conduct, by false or misleading allegation, or by
concealment of that which should have been disclosed.
b. Attempting to file or filing with the board
any false or forged record or document, such as a college transcript, diploma or
degree, examination report, verification of licensure, or continuing education
certificate.
c. Reporting
information, such as satisfaction of continuing education, in a false manner,
through overt deceit, or with reckless disregard for the truth or accuracy of the
information asserted.
d. Otherwise
participating in any form of fraud or misrepresentation by act or
omission.
(2) Professional
incompetence includes, but is not limited to:
a. A substantial lack of knowledge or ability
to discharge professional obligations within the practice of engineering or land
surveying.
b. A substantial deviation
from the standards of learning or skill ordinarily possessed and applied by other
practitioners in the state of Iowa acting in the same or similar
circumstances.
c. A failure to
exercise the degree of care that is ordinarily exercised by the average
practitioner acting in the same or similar circumstances.
d. Failure to conform to the minimum standards
of acceptable and prevailing practice of engineering or land surveying in this
state, including the land surveying standards set forth in Iowa Code chapters 354
and 355 and 193C-Chapters 11 and 12.
e. Engaging in engineering or land surveying
practices that are outside the technical competence of the licensee without
taking reasonable steps to associate with a competent licensee or other steps to
ensure competent practice.
f. Any
other act or omission that demonstrates an inability to safely practice in a
manner protective of the public's interest, including acts or omissions described
in rule 193C-8.3 (542B).
(3)
Deceptive practices include, but are not limited to, the following:
a. Knowingly making misleading, deceptive,
untrue or fraudulent representations in the practice of engineering or land
surveying.
b. Use of untruthful or
improbable statements in advertisements. Use of untruthful or improbable
statements in advertisements includes, but is not limited to, an action by a
licensee in making information or intention known to the public that is false,
deceptive, misleading or promoted through fraud or misrepresentation.
c. Acceptance of any fee by fraud or
misrepresentation.
d. Falsification
of business or client records.
e.
Submission of false or misleading reports or information to the board, including
information supplied in an audit of continuing education or as a condition of
probation or in a reference submitted for an examination or a license applicant
or in any reports identified in this rule or rule 193C-8.3 (542B).
f. Knowingly presenting as one's own the
license, signature, or seal of another or of a fictitious licensee, or otherwise
falsely impersonating a person holding an engineering or land surveying
license.
g. Representing oneself as a
professional engineer or professional land surveyor after the license has been
suspended, revoked, surrendered, or placed on inactive status or has
lapsed.
h. Fraud in representations
as to skill or ability.
i. Any
violation of Iowa Code section 542B.16 or associated rules in 193C-Chapter 6
involving a licensee's seal or certificate.
(4) Behaviors and conduct that are unethical or
harmful or detrimental to the public include, but are not limited to, the
following actions:
a. A violation of the code
of professional conduct in 193C-Chapter 8.
b. Verbal or physical abuse, or improper sexual
contact, if such behavior occurs within the practice of engineering or land
surveying or if such behavior otherwise provides a reasonable basis for the board
to conclude that such behavior could occur within such practice and, if so, would
place the public at risk.
c. Aiding
or abetting a violation of a provision of Iowa Code section
542B.27(1).
(5) Lack of
proper qualifications, as provided in Iowa Code section
272C.3(2)
"b," includes but is not limited to:
a. Continuing to practice as an engineer or
land surveyor without satisfying the continuing education required for license
renewal.
b. Violation of Iowa Code
section 542B.21(4) that adversely affects the licensee's ability to practice in a
safe and competent manner.
(6) Professional misconduct, which includes,
but is not limited to, revocation, suspension, or other disciplinary action taken
against a licensee by a licensing authority of this state or another state,
territory, or country. "Disciplinary action" includes a voluntary surrender of a
license to resolve a pending disciplinary investigation or proceeding. A stay by
an appellate court does not negate this requirement; however, if such
disciplinary action is overturned or reversed by a court of last resort,
discipline by the board based solely on such action shall be vacated. A licensee
shall notify the board of such disciplinary action within 30 days of the
disciplinary action.
(7) Willful or
repeated violations include the willful or repeated violation or disregard of any
provision of Iowa Code chapter 272C or 542B or any administrative rule adopted by
the board in the administration or enforcement of such chapters.
(8) Conviction of felony includes the
conviction of a felony under the laws of the United States, of any state or
possession of the United States, or of any other country. The board will vacate
any discipline based solely on a conviction, if that conviction is overturned or
reversed by a court of last resort.
