Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule is being amended to reduce unnecessary
regulatory restrictions.
(1)
Definitions.
(A) Board-The Missouri Board for
Architects, Professional Engineers, Professional Land Surveyors, and
Professional Landscape Architects.
(B) Licensee-Any person licensed as an
architect, professional engineer, professional land surveyor, or professional
landscape architect under the provisions of Chapter 327,
RSMo.
(2) The Missouri
Rules of Professional Conduct for Architects, Professional Engineers,
Professional Land Surveyors, and Professional Landscape Architects Preamble
reads as follows: Pursuant to section 327.041.2, RSMo, the board adopts the
following rules, referred to as the rules of professional conduct. These rules
of professional conduct are binding for every licensee. Each person licensed
pursuant to Chapter 327, RSMo, is required to be familiar with Chapter 327,
RSMo, and the rules of the board. The rules of professional conduct will be
enforced under the powers vested in the board. Any act or practice found to be
in violation of these rules of professional conduct may be grounds for a
complaint to be filed with the Administrative Hearing Commission.
(3) In practicing architecture, professional
engineering, professional land surveying, or professional landscape
architecture, a licensee shall-
(A) Act with
reasonable care and competence and apply the technical knowledge and skill
which are ordinarily applied by architects, professional engineers,
professional land surveyors, or professional landscape architects of good
standing, practicing in Missouri. In the performance of professional services,
licensees hold their primary responsibility to the public welfare which should
not be compromised by any self-interest of the client or the
licensee.
(B) Undertake to perform architectural, professional
engineering, professional land surveying, and professional landscape
architectural services only when they are qualified by education, training, and
experience in the specific technical areas involved.
(C) In the conduct of
their practice, not knowingly violate any state or federal criminal
law.
(D) Comply with state laws and
regulations governing their practice. In the performance of architectural,
professional engineering, professional land surveying, or professional
landscape architectural services within a municipality or political subdivision
that is governed by laws, codes, and ordinances relating to the protection of
life, health, property, and welfare of the public, a licensee shall not
knowingly violate these laws, codes, and ordinances.
(E) Recognize that
their primary obligation is to protect the safety, health, property, or welfare
of the public. If the professional judgment is overruled under circumstances
where the safety, health, property, or welfare of the public are endangered,
they are to notify their employer or client and other authority as may be
appropriate.
(F) Not assist non-licensees in the unlawful practice
of architecture, professional engineering, professional land surveying, or
professional landscape architecture.
(G) Not assist in the application for
licensure of a person known by the licensee to be unqualified in respect to
education, training, experience, or other relevant factors.
(H)
Truthfully and accurately represent to others the extent of their education,
training, experience, and professional qualifications and not misrepresent or
exaggerate the scope of their responsibility in connection with prior
employment or assignments.
(I) Not accept
compensation, financial or otherwise, from more than one (1) party, for
services pertaining to the same project, unless the circumstances are fully
disclosed and agreed to by all interested parties. The disclosure and agreement
shall be in writing.
(J) Make full
disclosure, suitably documented, to their employers or clients of potential
conflicts of interest, or other circumstances which could influence or appear
to influence their judgment on significant issues or the unbiased quality of
their services.
(K) Not offer, give, solicit, or receive, either
directly or indirectly, any commission, contributions, or valuable gifts, in
order to secure employment, gain an unfair advantage over other licensees, or
influence the judgment of others in awarding contracts for either public or
private projects. This provision is not intended to restrict in any manner the
rights of licensees to participate in the political process; to provide
reasonable entertainment and hospitality; or to pay a commission, percentage,
or brokerage fee to a bona fide employee or bona fide established commercial or
marketing agency retained by the licensee.
(L) Not solicit or
accept financial or other valuable consideration, either directly or
indirectly, from contractors, suppliers, agents, or other parties in return for
endorsing, recommending, or specifying their services or products in connection
with work for employers or clients.
(M) Not attempt to,
directly or indirectly, injure the professional reputation, prospects of
practice or employment of other licensees in a malicious or false manner, or
both.
(N) Not reveal confidential, proprietary, or
privileged facts or data, or any other sensitive information obtained in a
professional capacity without the prior consent of the client or employer
except as authorized or required by law or rules of this board.
*Original authority: 327.041, RSMo 1969, amended 1981,
1986, 1989, 1993, 1995, 1999, 2001.
