- 4.01: Preamble
- 4.02: Responsibility
- 4.03: Competency
- 4.04: Public Statements
- 4.05: Conflict of Interest
- 4.06: Solicitation
4.01: Preamble
In order to safeguard, life, health and property, to promote the public welfare, and to establish and maintain a high standard of integrity and practice, the following Rules of Professional Responsibility shall be binding on every person holding a certificate of registration and on all partnerships or corporations or other legal entities authorized to offer or perform engineering or land surveying services in the Commonwealth of Massachusetts.
The Rules of Professional Responsibility as promulgated herein are an exercise of the police power vested in the Board by virtue of the following General Laws: M.G.L. c. 13, §§ 45 and 46; c. 112, §§ 81D through 81T; c. 143, § 54A, St. 1970 c. 707, §§ 1 through 12; c. 282; c. 707, §§ 13 through 15, St. 1971 c. 1099; St. 1972 c. 684; St. 1975 chs. 545 and 588; St. 1979 c. 897 with particular reference to M.G.L. c. 112, § 81E.
All persons registered under the above stated Massachusetts General Laws are charged with having knowledge of the existence of 250 CMR 4.00: Professional Responsibility and shall be deemed to be familiar with their provisions and to understand them.
In these Rules of Professional Responsibility, the word "registrant" shall mean any person holding a license issued by this Board.
4.02: Responsibility
(1) Registrants shall hold paramount the safety, health and welfare of the public in the performance of their professional duties.
(2) (a) Registrants shall at all times recognize that their primary obligation is to protect the safety, health, property and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property or welfare of the public may be endangered, they shall notify their employer or client and such other authority as may be appropriate.
(b) Registrants shall approve and seal only those design documents and surveys, reviewed or prepared by them, which are safe for public health, property and welfare in conformity with accepted engineering and land surveying standards.
(c) Registrants shall not reveal facts, data or information obtained in a professional capacity without the prior consent of the client, or employer except as authorized or required by law.
(d) Registrants shall not permit the use of their name or firm name nor associate in business ventures with any person or firm which they may have reason to believe is engaging in fraudulent or dishonest business or professional practices.
(e) Registrants having knowledge of any alleged violation of 250 CMR 4.00 shall cooperate with the Board in furnishing such information or assistance as may be required.
4.03: Competency
Registrants shall perform services only in the areas of their competence.
(1) Registrants shall undertake assignments only when qualified by education or experience in the specific technical field of engineering or land surveying involved.
(2) Registrants shall not affix their signatures or seals to any plans or documents dealing with subject matter in which they lack competence, nor to any such plan or document not prepared or reviewed under their direct supervisory control.
(3) Registrants may accept an assignment outside of their fields of competence to the extent that their services are restricted to those phases of the project in which they are qualified, and to the extent that they are satisfied that all other phases of such project will be performed by qualified associates, consultants or employees.
(4) In the event a question arises as the competence of a registrant in a specific technical field which cannot be otherwise resolved to the Board's satisfaction, the Board either upon request by the registrant or on its own volition, shall admit the registrant to an appropriate examination.
4.04: Public Statements
Registrants shall issue public statements only in an objective and truthful manner.
(1) Registrants shall be objective and truthful in professional reports, statements or testimony.
(2) Registrants may express publicly a professional opinion on technical subjects only when that opinion is founded upon adequate knowledge of the facts and competence in the subject matter.
(3) Registrants shall issue no statements, criticisms or arguments on technical matters which are inspired or paid for by interested parties unless the registrants have prefaced their comments by explicitly identifying the interested parties on whose behalf they are speaking and by revealing the existence of any interest the registrants may have in the matters.
4.05: Conflict of Interest
Registrants shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.
(1) Registrants shall disclose all known or potential conflicts of interest to their employers or clients by promptly informing them of any business association, interest, or other circumstances which could influence or give an impression of influencing their judgment or the quality of their services.
(2) Registrants shall not accept compensation, financial or otherwise, from more than one party for concurrent services on the same project, or for concurrent services pertaining to the same project, unless the circumstances are fully disclosed to all interested parties.
(3) Registrants shall not solicit or accept financial or other valuable consideration, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients for which the registrant is responsible.
(4) Registrants in public services as members, advisors, or employees of a governmental body or department shall not participate in decisions with respect to professional services solicited or provided by them or their organizations.
(5) Registrants shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves a member, except upon public disclosure of all pertinent facts and circumstances and consent of appropriate public authority.
4.06: Solicitation
Registrants shall avoid improper solicitation of professional employment.
(1) Registrants shall not falsify or permit misrepresentation of their own or their associates' academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments.
(2) Registrants shall not offer, give, solicit or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution intended to influence the award of a contract.
REGULATORY AUTHORITY
250 CMR 4.00: M.G.L. c. 112, §§ 81D through 81T.