MGL C112, §81D states that:
"A person shall be construed to practice or to offer to practice engineering who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer, or through the use of some other title implies that he is a professional engineer; or who holds himself out as able to perform, or who does perform any engineering service or work or any other professional service designated by the practitioner or recognized by educational authorities as engineering."
"A person shall be construed to practice or to offer to practice land surveying who engages in land surveying, or who by verbal claim, sign, letterhead, card or in any other way represents himself to be a land surveyor, or through the use of some other title implies that he is a land surveyor, or who represents himself as able to perform, or who does perform any land surveying service or work, or any other service designated by the practitioner which is recognized as land surveying."
Therefore, it is the opinion of the Board that: For a firm, co-partnership, corporation, or joint stock association to be in compliance with the relevant provisions of MGL and the specific provisions of 250 CMR addressing Direct Supervision* and responsible-charge**, either its sole proprietor, principal or responsible-charge employee*** must hold a valid certificate of registration in the event that said firm, co-partnership, corporation, or joint stock association is:
- Practicing Engineering or Land Surveying as defined MGL;
- Representing by it's letterhead, yellow page listing or other form of advertising that it is providing Engineering or Land Surveying services;
- Employing people who are engaged in the preparation of work products that require the supervision, review and approval of a registered Professional Engineer or Professional Land Surveyor per MGL and 250 CMR.
The Board shall discipline any registrant**** who is found guilty of aiding or abetting the unlawful practice***** of any firm, co-partnership, corporation, or joint stock association falling into one of these three categories. Additionally, the Board may refer any unlicensed sole proprietor, principal or responsible-charge employee of a firm, co-partnership, corporation, or joint stock association doing business in any of the aforementioned three categories to the Attorney General for violation of the Commonwealth's Registration Law.
This Advisory Ruling is issued pursuant to a determination made by a majority of members present at the duly called meeting of the Board of Registration of Professional Engineers and of Professional Land Surveyors on December 16, 1999 and June 22, 2000.
* See Standards For Professional Practice, Supervision of and Responsibility for Practice, 250 CMR, 5.02
** See Application And Examination, Professional Practice, 250 CMR 3.05 (11)
*** Employees, in the context of MGL C112, §81D-T, refers to those individuals who are issued W2 forms, versus the independent contractor who is issued a 1099 (see IRS requirements).
**** Certified to practice under the provisions of MGL C112, §81D-T
***** See provisions of MGL C112, §81P (c), 250 CMR 4.02 (2) (d)