Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 31 - Board of Registration for Professional Geologists
Section 201 KAR 31:060 - Code of professional conduct
Universal Citation: 201 KY Admin Regs Service 31:060
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 322A.010, 322A.030(6), 322A.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 322A.030(6) requires the board to promulgate by administrative regulation a code of professional conduct. KRS 322A.030(5) authorizes the board to promulgate administrative regulations necessary to conduct its responsibilities and duties. KRS 322A.100 authorizes the board to discipline a registered professional geologist or geologist-in-training. This administrative regulation establishes a code of professional conduct, which includes a list of grounds for disciplinary action against a registered professional geologist or geologist-in-training.
Section 1. Public Trust and Welfare.
(1) The public
practice of geology requires professional ethical conduct and professional
responsibility, as well as scientific knowledge on the part of the registered
professional geologist or geologist-in-training.
(2) A registered professional geologist or
geologist-in-training shall protect, to the fullest extent possible, the public
health and welfare, and public and private property, in carrying out the public
practice of geology.
Section 2. Integrity in Professional Practice.
(1) A registered professional geologist or
geologist-in-training shall be guided by the highest standards of ethics,
honesty, integrity, personal honor, fairness, and professional conduct when
engaged in the public practice of geology.
(2) A registered professional geologist or
geologist-in-training shall provide professional service only within his or her
scope of competency as determined by education, training, or experience in the
technical areas involved.
(3) A
registered professional geologist or geologist-in-training shall:
(a) Render professional services and shall
apply appropriate technical knowledge and skills consistent with the standards
of the profession;
(b) Distinguish
between fact and opinion in all estimates, descriptions, locations, and
evaluations provided;
(c) Document
all assumptions applied to estimates, descriptions, locations, and evaluations;
and
(d) Base his or her
professional conclusions upon empirical knowledge and commonly recognized
geological principles.
(4) A registered professional geologist or
geologist-in-training shall not use, issue, or provide false, misleading, or
deceptive information.
(5) A
registered professional geologist shall sign and seal only professional work
for which he or she has direct professional knowledge for which he or she shall
be responsible.
Section 3. Relationship of Registered Professional Geologists and Geologist-In-Training to Employer or Client.
(1) A registered professional geologist and
geologist-in-training shall provide adequate and accurate representation of his
or her credentials, qualifications, and scope of responsibilities for all
previous professional and academic experience when negotiating with prospective
employers or clients.
(2) A
registered professional geologist and geologist-in-training shall protect the
interest of his or her employer or client, and the confidentiality of
information obtained from an employer or client.
(3) It shall not be a violation of subsection
(2) of this section if a registered professional geologist or a
geologist-in-training reports in good faith an immediate or potential danger to
the health, safety, or welfare of the public to the appropriate federal, state,
or local authority.
(4) A
registered professional geologist or geologist-in-training shall avoid conflict
of interest with an employer or client and shall disclose the circumstances to
the employer or client if a conflict exists. A registered professional
geologist or geologist-in-training shall disclose to all parties:
(a) Any financial interest, compensation, or
other value made to any person for the purpose of securing a contract,
assignment, or engagement;
(b) Any
financial or beneficial interest the registered professional geologist or
geologist-in-training has in any contract or entity providing goods or
services, other than services for the public practice of geology, to a project
or engagement;
(c) Any financial
interest, compensation, or other value from more than one (1) employer or
client on the same or substantially similar project; or
(d) Any financial interest, compensation, or
other value which affects the registered professional geologist's or
geologist-in-training's employment or client.
(5) A registered professional geologist or
geologist-in-training in the public practice of geology shall not engage in
fraud or material deception in the delivery of professional services, including
reimbursement or compensation.
(6)
A registered professional geologist or geologist-in-training shall give
reasonable notice of withdrawal of service from an employer or client except
that the registered professional geologist or geologist-in-training may
withdraw without reasonable notice if:
(a) The
registered professional geologist or geologist-in-training fails to receive
adequate compensation, or has reasonable cause to believe that compensation for
services performed will not be received;
(b) The registered professional geologist or
geologist-in-training knows, or has reasonable cause to believe, that continued
employment will result in a violation of KRS Chapter 322A, 201 KAR Chapter 31,
or otherwise be in violation of local, state, or federal law;
(c) The registered professional geologist or
geologist-in-training knows, or has reasonable cause to believe, that the
employer or client is in violation of local, state, or federal law or is
involved in fraudulent or deceptive practices, or practices dangerous to the
public health and welfare or property; or
(d) The registered professional geologist or
geologist-in-training knows, or has reasonable cause to believe, that continued
employment may result in sickness or injury to the registered professional
geologist, geologist-in-training, or third-parties who may be
affected.
Section 4. Relationship of Professional Geologists and Geologists-in-Training to Other Related Disciplines.
(1) A registered professional geologist or
geologist-in-training shall:
(a) Give credit
for work done by others to whom credit is due;
(b) Not plagiarize oral and written
communications; and
(c) Not
knowingly accept credit due another.
(2) A registered professional geologist or
geologist-in-training shall engage, or advise an employer or client to engage,
other experts or specialists if in the best interests of the employer or
client.
(3) If a registered
professional geologist or geologist-in-training has knowledge or reasonable
cause to believe another person or geologist is in violation of any provision
of KRS Chapter 322A or 201 KAR Chapter 31, the registered professional
geologist or geologist-in-training shall file an initiating complaint pursuant
to
201 KAR
31:090.
(4) A registered professional geologist shall
provide adequate supervision and training to other registered professional
geologists or other geologists-in-training the registered professional
geologist is supervising, and make them aware of this code of professional
conduct.
Section 5. Grounds for Disciplinary Action.
(1) A
registered professional geologist or geologist-in-training shall not:
(a) Violate any provision of KRS Chapter 322A
or 201 KAR Chapter 31 including this code of professional conduct;
(b) Issue a false, misleading, or deceptive
statement or information, or make a sensational, exaggerated, or unwarranted
statement while engaged in the public practice of geology;
(c) Defraud or deceive a client or employer
while engaged in the practice of geology;
(d) Fail to comply with an order issued by
the board;
(e) Fail to cooperate
with the board by:
1. Unreasonably refusing to
furnish a document or other tangible evidence requested by the board;
2. Unreasonably refusing to furnish in
writing a complete explanation covering a matter contained in a complaint
against the registered professional geologist or geologist-in-training filed
with the board;
3. Not appearing
before the board at a time and place designated by the board during the
investigation of a complaint or hearing without good cause; or
4. Not properly responding to a subpoena
issued by the board.
(f)
Aide or abet an unregistered person or uncertified in the public practice of
geology when registration or certification is required;
(g)
1. Be
convicted of:
a. A felony; or
b. A misdemeanor which may impact that
person's ability to engage in the public practice of geology with reasonable
care and skill; and
2. A
conviction shall include:
a. A finding or
verdict of guilt;
b. An admission
of guilt;
c. A plea of Alford or
nolo contendere; or
d. The
suspension or deferral of a sentence; or
(h) Engage in the public practice of geology
if the registered professional geologist or geologist-in-training may be
impaired by a reason of a mental, physical, or other condition that impedes his
or her ability to practice competently.
(2) A registered professional geologist shall
not:
(a) Fail to provide adequate supervision
to persons for whom the registered professional geologist is professionally
responsible; and
(b) Sign, seal, or
stamp professional geological work not prepared under his or her direct
professional knowledge, control or supervision.
STATUTORY AUTHORITY: KRS 322A.030
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