Reference:
Code of Massachusetts Regulations: 250CMR3.05
Board of Registration of Professional Engineers and Professional Land Surveyors Advisory Rulings:Advisory Ruling Pursuant To 250 CMR 2.09 -
Direct Charge and Supervision - last revised on: June 22, 2000
And
Advisory Ruling Pursuant To 250 CMR 2.09 RE:
Unlicensed Practice - last revised on: June 22, 2000
A licensee working for an unlicensed individual or business entity either as full time or part time employee, or as an independent contractor on a regular or casual basis, shall be presumed to be the licensee in direct charge of all engineering or land survey services offered or provided by such unlicensed individual or entity, and shall further be presumed to be the licensee responsible for the performance of, or direct supervision of, all such engineering or land survey services.
When two or more licensees work for the same unlicensed individual or entity during the same time period, or on the same project, each licensee shall be held accountable as provided herein unless written documentation can be provided which clearly documents each licensee's responsibilities vis-à-vis the "direct charge" and "direct supervision" requirements, and each licensees awareness of these responsibilities.
It follows therefore that each licensee must be able to provide acceptable written documentation that supervision was in-fact performed by a licensee with hands-on access to project data and documents throughout the duration of the project. (It shall be each licensee's responsibility to document and provide proof of compliance with these requirements if requested by the Board at any time).
In such instances, the Board shall consider each licensee to be accountable to the client and members of the public to the same extent as if he or she were working directly for the client without the intervention of the unlicensed individual or entity. Any complaint by a client or member of the public shall be taken as filed directly against the licensee notwithstanding any action that may be taken by the Board against the unlicensed individual or entity.