Current through 2024-38, September 18, 2024
Preamble
To comply with the purpose of the Act, which is "to safeguard
life, health and property," and to maintain a high standard of integrity and
practice, the Maine Board of Licensure for Professional Engineers has developed
this Code of Ethical Conduct.
This Code of Ethical Conduct shall be binding on every person
holding a certificate of licensure to offer or perform engineering services in
Maine. To the extent applicable, it shall also be binding on every person who
holds a certificate as an Engineer-Intern in Maine. Persons holding either a
certificate or a temporary permit to practice are referred to hereinafter as
licensees.
Licensees are required to be familiar with the Act and rules
of the Board of Licensure and this Code of Ethical Conduct. This Code of
Ethical Conduct delineates specific obligations the licensee must meet. In
addition, each licensee is charged with the responsibility of adhering to
standards of highest ethical and moral conduct in all aspects of practice of
Professional Engineering or preparation for such practice as an
Engineer-Intern.
Practice under the Maine Engineering Licensure Statute is a
privilege, as opposed to a right. All licensees shall exercise their privilege
of practicing by performing services only in the areas of their competence
according to current standards of technical competence.
Licensees shall recognize their responsibility to the public
and shall represent themselves before the public only in an objective and
truthful manner.
Licensees shall avoid conflicts of interest and faithfully
serve the legitimate interests of their employers, clients, and customers
within the limits defined by these rules. Their professional reputation shall
be built on the merit of their services, and they shall not compete unfairly
with others.
I.
OBLIGATION TO
SOCIETY
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
welfare.
b. Licensees shall approve
and seal only those design documents that conform to accepted engineering
standards and safeguard the life, health, property and welfare of the
public.
c. Licensees shall notify
their employer or client and such other authority as may be appropriate, when
their professional judgement is overruled under circumstances where the life,
health, property, or welfare of the public is endangered.
d. Licensees shall be objective and truthful
in professional reports, statements or testimony. They shall include all
relevant pertinent information in such reports, statements or
testimony.
e. Licensees shall
express a professional opinion publicly when it is founded upon an adequate
knowledge of the facts and a competent evaluation of the subject
matter.
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.
g. Licensees shall not
permit the use of their name by, nor associate in business ventures with, any
person or firm which is engaged in fraudulent or dishonest business or
professional practices.
h.
Licensees having knowledge of possible violations of any part of the provisions
of the Act or rules thereunder including this Code of Ethical Conduct shall
provide the State Board information and assistance necessary to the final
determination of such violation.
i.
Licensees shall cooperate fully with the Complaint Committee and the Board, and
shall promptly supply requested information to the Committee and the
Board.
j. Licensees shall follow a
program of continuing education as may be necessary to maintain their currency
and competence.
II.
OBLIGATION TO EMPLOYER AND CLIENTS
a. Licensees shall undertake assignments only
when qualified by education or experience to perform the engineering
involved.
b. Licensees may affix
their signature and seal to any plan or document dealing with subject matter
only in which they are competent or to any plan or document prepared or
reviewed under their direct control and personal supervision for which they
take full responsibility.
c.
Licensees may accept assignments for coordination of an entire project,
provided that each design segment is signed and sealed by the registrant
responsible for preparation of that design segment.
d. Licensees shall not reveal confidential,
proprietary, or otherwise protected information obtained in a professional
capacity without the prior consent of the client or employer, except as
authorized or required by law.
e.
Licensees shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from contractors, their agents or other
parties in connection with their work for other employers or clients.
f. Licensees shall make full prior
disclosures to their employers or clients of potential conflicts of interest or
other circumstances, which would influence or appear to influence their
judgment or the quality of their service.
g. Licensees shall not accept compensation,
financial or otherwise, from more than one party for services pertaining to the
same project, unless the circumstances are fully disclosed and agreed to by all
interested parties.
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.
Conversely, licensees who are principals or employees of a private concern and
serve as members, advisors, or employees of a governmental body or department,
shall not participate in decisions with respect to professional services
offered or provided by said concern to the governmental body which they
serve.
III.
OBLIGATION TO OTHER LICENSEES
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 and past
accomplishments.
b. Licensees shall
not offer, give, solicit, receive, either directly or indirectly, any
commission, 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.
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.
