Unlicensed practice threatens public safety by lacking ethical and legal obligations
State licensing boards and professional ethics enforcement
Hold paramount the safety, health, and welfare of the public
Performance of engineering services by unqualified individuals is detrimental to public safety
BER Case 92-2 - Engineer Intern Misrepresentation Case
In BER Case 92-2, an engineer intern (EI) observed that the firm's advertising documents listed him as a PE
Referenced as precedent for handling misrepresentation of engineering credentials
BER Case 95-10 - ENGCO Engineering Title Usage Case
BER Case 95-10 considered an engineering firm, ENGCO, that listed key personnel who did not hold engineering degrees with titles including 'Engineer' and 'Design Engineer'
Referenced for guidance on proper use of 'Engineer' title by non-licensed personnel
B reviews the documents before makes comments and directs changes
Transportation Engineer B's authority to review and approve design documents
Central to determining whether B can legally review engineering documents
neither a licensed engineer nor even a degreed engineer
Only qualified professionals should review and approve engineering work
Professional competence requirements override organizational titles
Engineer A learns that 'Transportation Engineer' B is neither a licensed engineer nor even a degreed engineer
Engineer B lacks demonstrated competence through licensure
Must demonstrate acceptable levels of competence and expertise
Licensing examinations, education requirements
ensuring members of the profession have demonstrated acceptable levels of competence and expertise
Shows Engineer B lacks proper supervision while reviewing Engineer A's work
Unqualified individuals providing these services when they are not under the direct personal supervision of a licensed professional engineer have caused harm
Competence requires either licensure or direct supervision by licensed professionals
Safety requires supervision of unlicensed individuals
Unqualified individuals providing these services when they are not under the direct personal supervision of a licensed professional engineer have caused harm to the public health, safety, and welfare
Should Engineer A continue submitting documents for review by Transportation Engineer B after discovering their lack of proper qualifications?
Engineer A's obligation to verify qualifications and respond to unlicensed practice
Report Transportation Engineer B for unlicensed practice
Continue submitting documents while seeking alternative review arrangements
Refuse to submit documents until qualified reviewer is assigned
Should the State Agency continue assigning engineering titles and responsibilities to unqualified personnel for administrative convenience?
State Agency's systematic violation of qualification and title accuracy requirements
Reassign engineering review duties to properly licensed personnel
Continue current assignment for administrative convenience
Should Transportation Engineer B continue performing engineering review functions despite lacking required licensure qualifications?
Transportation Engineer B's acceptance of engineering responsibilities without proper qualifications
Decline engineering responsibilities until properly qualified
Continue performing assigned engineering functions
Would adequate supervision by a licensed PE justify Transportation Engineer B's continued review of engineering documents?
Supervision arrangements and competence requirements for engineering oversight
Require direct licensed PE supervision for all reviews
Maintain individual qualification requirements regardless of supervision
B lacks legal authority to perform final approval of Engineer A's design documents
Cannot review, approve, or direct changes to engineering design documents without engineering license
personally reviews those documents for final approval, makes comments, and directs changes
Engineer B performing review without PE supervision
Unqualified individuals performing engineering services
Professional standards and state regulations
Must be under direct personal supervision of licensed PE
when they are not under the direct personal supervision of a licensed professional engineer have caused harm to the public
During performance of engineering services
Document Review Decision → Document Review Completion
Document Submission Decision → Qualification Discovery
Observed and reported firm's misrepresentation of his credentials as PE
Report misrepresentation of qualifications
Firm misrepresenting EI as PE in advertising documents
an engineer intern (EI) observed that the firm's advertising documents listed him as a PE
EI reported to marketing department that advertising listed him as PE when he was not
Internal firm reporting and ethics board review
Report misrepresentation of qualifications in firm's advertising
The EI reported this misrepresentation to the marketing department
Firm's duty to accurately represent employee qualifications
Example of persistent misrepresentation despite awareness
Firm's advertising documents incorrectly listing EI as PE
firm's advertising documents listed him as a PE...after six months, the documents had not been corrected
Not corrected after six months despite notification
Ability to identify and report misrepresentation of PE credentials in firm documents
EI observed firm listing him as PE when he was not licensed
Reporting misrepresentation to marketing department
Maintaining professional integrity and accurate representation
When reviewing firm's advertising documents
EI reports misrepresentation before six months period of inaction
Engineering firm that improperly used engineer titles for unqualified personnel
Ensure accurate representation of employee qualifications
Listed non-degreed personnel with Engineer and Design Engineer titles
key personnel without engineering degrees
engineering firm, ENGCO, that listed key personnel who did not hold engineering degrees with titles including "Engineer"
ENGCO listed key personnel without engineering degrees as 'Engineer' and 'Design Engineer'
State licensing acts and professional standards
Not list non-degreed personnel with 'Engineer' titles
ENGCO, that listed key personnel who did not hold engineering degrees with titles including 'Engineer' and 'Design Engineer'
Duty to protect integrity of engineering profession
Precedent case showing improper use of protected titles
Listing non-degreed personnel with 'Engineer' and 'Design Engineer' titles
Ability to recognize unlawful engineering practice by unlicensed individuals
Engineer A must respond to unlicensed Engineer B reviewing sealed work
Recognition that non-Engineer B should not review sealed documents
Not aiding unlawful practice and reporting violations
Engineer A has been directed to revise his 'signed and sealed contract documents' based on [non] Engineer B's review
When directed to revise sealed documents
Identify and verify the licensing status of individuals reviewing engineering work
Engineer A demonstrates capability by discovering B's lack of qualifications
Discovery that Transportation Engineer B lacks proper credentials
Enables identification of unauthorized practice of engineering
Engineer A learns that "Transportation Engineer" B is neither a licensed engineer nor even a degreed engineer
Prepare signed and sealed engineering design contract documents
Engineer A exercises technical capability by preparing official design documents
Professional engineering license and consulting practice
Fulfills obligation to provide professionally certified engineering designs
Engineer A, a consulting engineer, presents signed and sealed design contract documents to the State Agency manager
Signed and sealed design contract documents
Engineer A, a consulting engineer, presents signed and sealed design contract documents
Submitted for State Agency review and approval
Engineer A being directed to revise sealed documents based on unlicensed Engineer B's review
State licensing laws and professional ethics enforcement
Not aid or abet the unlawful practice of engineering by Engineer B
Per Section II.1.e, Engineer A 'shall not aid or abet the unlawful practice of engineering'
Engineer A must report non-licensed Engineer B's review of sealed documents
Professional ethics board review and state licensing board
Report Engineer B's unlawful practice of engineering to appropriate professional bodies
is obligated to report Engineer B's violation to appropriate professional bodies (Section II.1.f)
Creates specific duty for Engineer A to report violation
When Engineer A became aware of Engineer B's lack of PE license
Discovery that Engineer B is unlicensed but performing engineering review
Will be terminated when Engineer A reports to appropriate bodies
Engineer A discovered B is practicing engineering without license while reviewing sealed documents
State engineering practice laws and NSPE Code
Report unlicensed practice of engineering by Transportation Engineer B to appropriate authorities
Ability to report violations to appropriate professional bodies
Must report Engineer B's unauthorized practice
Obligation under NSPE Code Section II.1.f
Protecting public safety and professional integrity
obligated to report Engineer B's violation to appropriate professional bodies (Section II.1.f)
A's sealed documents being reviewed and changed by unlicensed person
Maintain responsible charge over signed and sealed design documents
presents signed and sealed design contract documents
Duty not to aid unlawful practice per Section II.1.e
Creates ethical dilemma requiring Engineer A to refuse or report
When Engineer A received direction to revise based on B's review
Being directed to revise sealed documents based on unlicensed Engineer B's review
Not specified - Engineer A must decide whether to comply
Ensure proper review of design documents
Protect public from unqualified practice
Report violations of engineering practice laws
Creates ethical dilemma about whether to report unlicensed practice by government official
During document review process with Transportation Engineer B
Learning that Transportation Engineer B lacks engineering license and degree
Engineer B's obligation to accurately represent qualifications
Public's right to qualified engineering services
Central ethical violation creating obligations for Engineer A
When Engineer B began reviewing Engineer A's work
Use of 'Engineer' title while performing engineering review without PE license
Engineer B uses 'Engineer' title despite not being licensed
Not use 'Engineer' title without proper licensing
Use of the title, 'engineer,' conveys substantial education, examination, and experience, and, in many states, a license
Presents design documents to State Agency, discovers reviewer lacks engineering qualifications
Maintain professional engineering standards
Present signed and sealed design contract documents
Concern about unqualified person reviewing and approving engineering documents
licensed engineer (implied by 'signed and sealed')
Engineer A prepares, signs, and seals design documents before presents them to Transportation Engineer B
Engineer A's obligation to verify qualifications of unlicensed engineers performing professional eng
Reviews Engineer A's signed and sealed contract documents despite not being licensed
Using engineer title without license, reviewing licensed engineer's sealed documents
based on [non] Engineer B's review, Engineer A is working in association with B
Engineer B using 'Engineer' title without PE license
Engineer B and similar non-licensed individuals
Cannot use 'Engineer' title without meeting state licensing requirements
Use of the title, "engineer," conveys substantial education, examination, and experience, and, in many states, a license to practice
State Agency improperly designated B as 'Transportation Engineer' without qualifications
Professional engineering standards and state law
Cannot assign 'Engineer' title to unlicensed, non-degreed staff
"Transportation Engineer" B is neither a licensed engineer nor even a degreed engineer
State Agency's use of professional titles
Misuse of professional titles undermines public trust and professional standards
given staff in management positions the title of 'Engineer'
Professional titles should accurately reflect qualifications
Professional integrity requires accurate representation of credentials
the State Agency has given staff in management positions the title of 'Engineer' when they are not qualified
Explains why Engineer B's review authority is ethically problematic
Performance of engineering services by unqualified individuals is detrimental to public safety and to the integrity of the engineering profession at large
Professional integrity requires maintaining standards that exclude unqualified practitioners
Both principles align in requiring qualified practitioners
Maintaining active engagement and supervisory control of engineering work
Licensed PEs must maintain supervision over unlicensed personnel
Professional license and adherence to code of ethics
Personal and legal responsibility for engineering services
Professional engineers are personally and legally responsible for their services
National Society of Professional Engineers
Referenced to establish obligation not to aid unlawful practice
NSPE Code of Ethics Section II.5.a. is very clear: 'Engineers shall not falsify their qualifications or permit misrepresentation of their or their associates' qualifications'
Applied to determine ethical obligations regarding qualification misrepresentation
Engineer A revising sealed documents based on unlicensed Engineer B's review
Cannot aid or abet unlawful practice of engineering
Per Section II.1.e, Engineer A "shall not aid or abet the unlawful practice of engineering"
Engineer A must not allow Engineer B's misrepresentation
Cannot falsify or permit misrepresentation of qualifications
Engineers shall not falsify their qualifications or permit misrepresentation of their or their associates' qualifications
Engineer B reviewing and directing changes without PE license
Cannot practice engineering without proper licensure
Licensing requirements are imposed upon highly skilled professional occupations such as medicine, law, and engineering
Ensuring compliance with state licensing acts and regulations
Understanding when 'engineer' title can be legally used
Education, examination, and licensure process
Meeting minimum standards and technical competence requirements
most states have in their state licensing act how and when the word 'engineer' can be used in a title
Continuous throughout professional practice
Professional responsibility versus employment security when reporting violations
Establishes foundation for why Engineer B's lack of license is problematic
protect the public interest by ensuring members of the profession have demonstrated acceptable levels of competence
Public safety requires verification of professional competence through formal licensing
Public protection takes precedence over unrestricted practice
These requirements protect the public interest by ensuring members of the profession have demonstrated acceptable levels of competence and expertise
State Agency's review process for engineering designs
Unqualified review could compromise public safety through inadequate oversight
review and approve consulting engineers' design documents
Public safety requires qualified review of engineering designs
Public welfare requires proper qualifications despite organizational convenience
not qualified to review and approve consulting engineers' design documents
Core argument against Engineer B's position and authority
Allowing unlicensed individuals to hold themselves out as 'Engineers' with none of the associated ethical or legal obligations diminishes the profession and endangers the public
Public welfare is endangered when unqualified individuals practice without ethical obligations
Public safety overrides employment flexibility
Allowing unlicensed individuals to hold themselves out as 'Engineers' with none of the associated ethical or legal obligations diminishes the profession and endangers the public by posing a significant threat to public health and safety
Public's right to protection from unlicensed professional engineering practice
Transportation Engineer B's review activities
Establishes that B's activities legally require engineering licensure
under the laws of the state constitutes the practice of engineering
State law defines what activities require engineering licensure
Legal requirements supersede organizational arrangements
reviews those documents for final approval, makes comments, and directs changes – all of which under the laws of the state constitutes the practice of engineering
Engineer A's sealed documents being reviewed by unqualified B
Signed and sealed engineering documents can only be reviewed and approved by licensed engineers
Professional liability and state regulations
presents signed and sealed design contract documents to the State Agency manager
Staff Title Assignment → Document Review Decision
Ensure qualified personnel review technical work
Organizational practice that enables unlicensed engineering practice
Other potentially unqualified 'Engineers'
Prior to case events (ongoing organizational practice)
Policy or practice of assigning 'Engineer' titles to unqualified staff
the State Agency has given staff in management positions the title of 'Engineer' when they are not qualified to review and approve consulting engineers' design documents
Agency allowed unqualified person to review and approve engineering designs
Must verify engineering qualifications before assigning staff to review engineering documents
Transportation Engineer" B, who personally reviews those documents for final approval
Before assignment of engineering review duties
Agency gave engineering titles to unqualified management staff
Must not assign 'Engineer' title to unlicensed personnel
State Agency has given staff in management positions the title of "Engineer" when they are not qualified
State Agency's responsibility for proper qualification verification and licensing enforcement
Transportation Engineer B's review and approval activities constitute illegal practice of engineering
All individuals performing engineering functions
Cannot practice engineering (including review and approval of engineering documents) without proper licensure
State laws defining the practice of engineering
all of which under the laws of the state constitutes the practice of engineering
Referenced to determine that B's review activities constitute engineering practice
State Licensing Act for Professional Engineers
most states have in their state licensing act how and when the word 'engineer' can be used in a title, usually requiring a college degree and/or meeting licensing requirements
Referenced to determine legal requirements for using 'Engineer' title
Establishes why Engineer B's title is misleading
Use of the title, 'engineer,' conveys substantial education, examination, and experience, and, in many states, a license to practice
Transparency requires that professional titles accurately reflect actual qualifications
Accurate representation overrides informal usage
Lacks legal capability to review and approve engineering documents
B performs engineering review functions without required capability
Absence of engineering license and degree
Cannot fulfill obligations requiring licensed engineering judgment
Throughout employment as Transportation Engineer
B reviews and directs changes to engineering documents without license
Must not practice engineering without proper license
reviews those documents for final approval, makes comments, and directs changes – all of which under the laws of the state constitutes the practice
Legal requirement for engineering licensure
B's unlicensed practice of engineering creates the central ethical issue
All consulting engineers submitting documents
When appointed to position (prior to case events)
Accepting position and performing engineering review without license
personally reviews those documents for final approval, makes comments, and directs changes – all of which under the laws of the state constitutes the practice of engineering
Reviews and approves Engineer A's design documents despite lacking engineering qualifications
Directs changes to engineering documents
Practicing engineering without proper qualifications or license
"Transportation Engineer" B, who personally reviews those documents for final approval, makes comments, and directs changes
document presentation and review process before Engineer A learns about B's lack of qualifications
This argument supports public safety by promoting professional responsibility.
Data: case-56#EngineerA_Report_UnlawfulPractice_Engineer
Entity validation failed: 1 missing references
This argument identifies potential risks to public safety for evaluation.
Entity validation failed: 0 missing references
Warrant: http://proethica.org/ontology/case/56#TransportationEngineerB_LegalCompliance
Rebuttal: http://proethica.org/ontology/case/56#TransportationEngineerB_LegalCompliance
Data: case-56#EngineerA_Not_Aid_UnlawfulPractice_Engineer
Data: case-56#StateAgency_QualificationVerification_Agency
Engineer A should maintain individual qualification requirements regardless of supervision
This action supports public safety by fulfilling the Supervision Obligation
Engineer A should NOT maintain individual qualification requirements regardless of supervision
This action may compromise public safety by violating the Human Oversight