Texas Board of Professional Engineers Professional Practice Update / Ethics

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1 Texas Board of Professional Engineers Professional Practice Update / Ethics David Howell, P.E. Deputy Executive Director November

2 Agenda Visibility of Professional Engineering Protection of the Public Laws, Rules and Scenarios Legislative News TBPE Initiatives

3 Website and Social Media Facebook: Texas Board of Professional Engineers Twitter: TBPE_Exec LinkedIn: Texas Board of Professional Engineers RSS Feed available on our website: engineers.texas.gov

4 Visibility of Professional Engineering What is a P.E.? / What do they do? Public Perception Communication about Professional Engineering The Value of Licensure How does the TBPE fit in? Approved strategic communication plan

5 History of TBPE Created by Texas Legislature (45R) in 1937 New London School Explosion 300 students and teachers killed Result of improperly designed mechanical and electrical devices Established a Board to regulate the practice of engineering through licensing and rules of practice

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8 Protect the Public Licensing Engineers Enforcement of Engineering Practice Act Requiring Continuing Education Educate PEs, Officials, Potential PEs, Public

9 Protect the Public Licensing Engineers The 3 E s of licensure Education Experience Exams The 4 th E ETHICS!

10 Engineering Competence Protection of Public Health, Safety, Welfare Texas does not license by discipline, but Professional Engineers must not practice outside of their competence. Competence gained by Education and Experience; Measured by FE and PE examinations Competence is an expectation of the public

11 Protect the Public Compliance and Enforcement 750 cases opened per year Technical and Ethical cases Reactive - Opened by External complaints Proactive Opened by staff based on available information Licensed and Unlicensed individuals

12 The Fourth E - Ethics Ethical behavior / Professionalism Not just what PEs do, but how they are expected to treat clients/employers/public/other engineers Contracts, communication, etc. Most TBPE enforcement is related to ethics rather than technical incompetence Laws and Rules Chapter 137

13 Engineering Ethics Engineers choose to be ethical 59,000 licensed PEs ~750 Cases opened 70% resolved with Voluntary Compliance 12% Dismissed Board action includes range of action up to revocation Responsibility to Protect the Public Membership societies (technical and professional) all include ethical tenets.

14 Public Visibility What does the general public think? What is Engineering? Why is it important? What is a Professional Engineer? Who can be one?

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17 Public Perception National Academy of Engineering (NAE) The Engineer of 2020: Visions of Engineering in the New Century What will or should engineering be like in the year 2020? Can a future be created where engineering has a broadly recognized image that celebrates the exciting roles that engineering and engineers play in addressing societal and technical challenges? This study suggests that if the engineering profession is to take the initiative in defining its own future, it must build a clear image of the new roles for engineers

18 Public Perception - Action NAE Report - June, 2013 Messaging For Engineering: From Research to Action NAE President Charles M. Vest Highlighting the importance that engineers play in shaping our society s future is critical to making progress toward the goal of greater public understanding of engineering. This requires greater effort from engineering programs, professional societies, industry, and others in the engineering community who want to promote a more dynamic image of the profession.

19 Public Perception - Action (a) Engineers shall attempt to enhance society s awareness of engineers responsibilities to the public and encourage the communication of these principles of ethical conduct among engineers (f) PDH units may be earned as follows: (10) Active participation in educational outreach activities involving K-12 or higher education students. (up to 3 hours) Examples: E-Week, DiscoverE, Classroom Presentations, Science Fairs, MathCounts, Robotic Competitions, FutureCities, etc.

20 Public Perception Did you know??? Only about 20% of US engineers are licensed. Bureau of Labor Statistics (2013) 178,000 engineers in Texas (20% w/ Active licenses) Civil 23,500 in Texas (70% w/ Active licenses) Petroleum - 20,000 in Texas (11% w/ Active licenses) Industrial - 15,000 in Texas (2% w/ Active licenses)

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23 Public Perception Texas Industry / Utility Exemptions Private Entities Privately owned Public Utilities Engineering work on company (or utility) property or products with no Seal required

24 Working with Government Government Advisory Group State agencies, Cities, Counties, School Districts TBPE Outreach Building Officials Texas Municipal League, etc. What we can do for them When PE is required on projects / public works Better understanding of State Laws The role of a Professional Engineer

25 Non-Public Perception

26 Local Government Visibility Professional Services Procurement Act (PSPA) Qualifications Based Selection (QBS) for engineering on public projects Responsibilities of Professional Engineers Responsibilities of Public Officials in RFQ / RFP process

27 Law and Rules Board is authorized by the Texas Engineering Practice Act Board interprets and implements the statute to create Rules Other statutes and rules also apply to engineering (PSPA, Windstorm, Architectural Barriers/ADA, etc.) Texas Professional Engineers are expected to know the Act, Board Rules, applicable state laws and local codes.

28 Filing A Complaint Online, , phone, facsimile, mail all are acceptable for initial contact Anonymous complaints are accepted A complaint form or detailed letter/ is needed to cover all the bases Provide specific instances of violation Provide evidence to show probable cause

29 Enforcement Sanctions Reprimands (Formal and Informal) Suspension (possible probation) Refuse to Renew Revocation $5,000 per violation per day Cease and Desist Orders Emergency Suspension

30 Violations are Published By law, all violations, except informal reprimands, must be published On website by Board Meeting Date Added to NCEES Enforcement Exchange (national database) Published in the paper newsletter which is mailed at least annually and quarterly E-newsletter s

31 Preventing Complaints CLEAR: Communication (between all parties) Contract (expectations and responsibilities) Calculations and designs (be prepared to support) Most importantly know the law, and contact us if you have a question!

32 Policy Advisory Opinions Provision Added to TEPA in 2003 Allows Board to develop formal written interpretations of law and rules Specific or hypothetical situations Interpretations Gray Areas Over 30 interpretations for a variety of subjects Water Quality Planning, Power Poles, Use of PE Title, Fire Alarm / Sprinklers, PSPA Contractors, Building Commissioning, etc.

33 Policy Advisory Opinions Information All Policy Advisories at: How to submit PAO Request / Forms at:

34 New Policy Advisory Opinions Industrial Exemption / Licensure (May 2014) Licensure requirements for Internal Engineers vs External Engineers Consultants providing engineering services to exempt industries Consultants providing engineers to exempt industries Primarily Oil & Gas, but includes Manufacturing

35 New Policy Advisory Opinions Construction Management (May 2014) Certified Construction Managers are not all engineers. What parts of Construction Management are engineering? Who can legally perform which tasks?

36 - PE Requirement - Criminal History - Sealing Rules - PE References - Industry Exemption - PE Responsibility Scenarios

37 PE Required Existing strip mall building totaling 20,000 sq ft. Multiple tenant spaces are intended. Each space is under 5,000 sq ft. You have been asked to provide design work for one of the tenant spaces.

38 What is Required? A. Since the overall building was designed by a PE, the size of the tenant spaces are not relevant and a PE would not be needed. B. A Texas PE may be required to design MEP or structural even if the individual space is under 5,000 sq ft. C. PEs are never required for finish-out. D. None of the above.

39 And the best answer is? B Since the building is over 5,000 sq ft total, the exemption in the Texas Engineering Practice Act ( ) does not apply. The original building design required a PE since the building was over the exemption threshold. If the tenant space require changes to engineered system in the original design, a PE would be required.

40 A Twist Is the PE doing the design for the tenant space required to notify the original PE who designed the building? Yes! If there are design modifications regarding any of the engineered systems (HVAC, Electrical, Plumbing, Structural, etc), the PE must notify the original design engineer in writing.

41 Criminal History A PE has an arrest from last year in another state. The court heard the case two weeks ago and it resulted in a misdemeanor conviction with short probation that he will complete before his renewal. He has had background checks run for employment recently and he was not asked about the issue. He has already completed fingerprinting for the new Criminal History Records Check.

42 Criminal History True or False? This conviction does not need to be reported. If the terms were completed before the renewal, the Board doesn t need to know. False. Rule requires reporting of convictions within 30 days. However, since it happened in another state, reporting it to the Texas Board is not required. False. Rule requires reporting of all convictions.

43 Criminal History True or False? If the judgment had been deferred by the court and ultimately dismissed, no notification is required. True. Only convictions must be reported. If the conviction was expunged by the court, notification is not required. True. Expunged incidents should not be reported.

44 Criminal History All misdemeanor and felony convictions must be reported within 30 days. The CHRC includes all incidents in all states. They don t go away. Future incidents after the one-time CHRC will be reported to the Board by the DPS.

45 Seals Your company has been hired to do some remediation/upgrade on an existing historical Court House building. The existing building was built 100 years ago and plans are not available. Local ordinance requires sealed As-Built (record) drawings in addition to your new design.

46 What are a PE s Responsibilities? A. Provide a sealed drawing for your work only. Board Policy Advisory Opinion states that sealing record drawings is not required. B. Seal the As-built drawings and your designs with a very clear caveat describing the scope of the work. C. Do not seal the As-built drawing. Designated Historical buildings do not require an engineer s seal. D. Since the existing building pre-dates the Engineering Practice Act, renovations do not require a Texas PE.

47 Best Answers B Seal the work with clear delineation (a) The purpose of the engineer s seal is to assure the user of the engineering product that the work has been performed or directly supervised by the professional engineer named and to delineate the scope of the engineer s work. Local govt or clients can require more.

48 Seals Which of These is Correct? A B C

49 And the best answer is? B or C (with the date added) (f) License holders shall affix their seal and original signature or electronic seal and signature with the date on the final version of their engineering work before such work is released from their control. (1) The signature and date shall not obscure the engineer's name or license number in the seal. MYTH: The signature MUST touch the seal. Not true.

50 PE References You have an EIT working for your firm who wants to pursue licensure. He doesn t work for you directly and you know his work by reputation only. His supervisor has complained about his work ethic. Based on client feedback, his work is ok, but he s still learning. Your company would benefit from his licensure. He has asked you to provide a reference for his application.

51 PE Responsibility A. Give a reference. You are obligated to do so if asked. B. Let his supervisor write the reference and you can sign it as the responsible PE. C. Provide the reference, skip the character questions, and only address his work. D. Don t provide the reference since you don t want to be the reason the application is denied. E. None of the above.

52 And the best answer is? E In all cases, the reference must address: Character and readiness for independent practice Technical competence PEs are not obligated to give a reference References are confidential forever. PE references are taken at face-value and given significant weight in the application review process. If the Board needs to know something, make sure they do.

53 Industry Exemption A petrochemical company wants to make significant modifications to existing plant. Process engineers on staff are not licensed. The company decides to bring in outside engineering expertise for design. Proposed modifications to the facility will require TCEQ permitting.

54 Industrial Exemption True or False? An engineering consulting company hired by the client would be required to be a registered firm and have PEs on staff. True. The exemption in the TEPA pertains to the manufacturing, oil and gas, etc. companies, their employees or others under their direct control. Consulting engineering for these industries still requires a licensed engineer and a registered firm. However, there are exceptions. If an employee of an external firm is under the exclusive control of the private entity, he or she would be exempt.

55 Industrial Exemption True or False? An engineer on staff for the company is not required to have a license to do any type of engineering work on company property. False - Not True for every type of engineering. For example, some TCEQ environmental permitting or local officials require a PE seal. Other authorities can require a PE even if the Engineering Practice Act otherwise exempts them.

56 PE Responsibility Your company has been selected to provide electrical design related to a larger building project. The Project Lead works for the Engineer/Architect firm that is also responsible for structural design. When they send you a courtesy copy of preliminary documents, one of your engineers, who is also a licensed structural engineer, notices a significant design issue.

57 What should a Texas PE do? A. Do nothing. These plans are preliminary. It s not an issue at this point. B. Have the engineer on your staff contact the design engineer responsible and let them know. C. Notify the Project Lead office in writing as soon as possible. D. Notify the PE board.

58 Best Answer B and possibly C and/or D Notify the engineer directly. If that does not result in appropriate resolution, contact the Project Lead. If there is still no resolution and the error presents a danger to health, safety, and welfare or a violation of the Engineering Practice Act, then contact TBPE and/or appropriate authorities.

59 A Twist How does the answer change if the error was noticed on a final sealed document? What if the error appears to be an imminent threat to the public? A PE has an ethical responsibility to protect the public. The answer is ultimately the same, but the urgency may be enhanced if warranted.

60 Legislative News

61 Legislation / Rule Changes 2013 Legislative Session - SB 204 Agency Sunset Bill Enforcement Cease and Desist for Unlicensed Practice Emergency Suspension Orders Increase maximum penalty from $3k to $5k Criminal History Record Checks

62 Legislation / Rule Changes Criminal History Record Checks Required starting January 1, 2014 All Active license 1 st renewal and new applicants Texas Department of Public Safety Administered through state vendor: MorphoTrust USA $41.45 Fee

63 Legislation / Rule Changes Criminal History Record Checks FAQ and Instructions on website: Detailed written procedures FAST form for applicant/licensee from TBPE website Unique code for TBPE Schedule and pay through MorphoTrust Electronic submission in Texas Ink card submission outside of Texas

64 Legislation / Rule Changes Most Asked Question: I ve already been fingerprinted before for: Concealed Handgun Job Security Clearance Other License / Permit / Requirement Yes, you have to do it again for this requirement. DPS / FBI requires separate checks

65 Update on NCEES August BS+30/Masters Or Equivalent moved from NCEES model law to a position statement CBT Computer Based Testing FE 2014 Exams began January 1, Months / year 6 Hour Exam Registration Open NOW!

66 TBPE Initiatives

67 Journey to Excellence Quality Texas continuous improvement program Implementing Malcolm Baldrige Quality Principles TBPE has received recognition in 3 of the last 4 years.

68 Journey to Excellence Strategic Planning Customer Communications Visibility Communication Plan / External / Customer Service Organizational Resource Development Staff / Workplace / Internal Communication Innovation / Tools / Performance Measures

69 Outreach continuing excellence Fiscal Year Attendees Presentations , , , , Quarterly Webinars Includes K-12 / E-Week

70 Thank You 1917 S Interstate 35 Austin, TX Phone: Presentation Feedback

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