§ 1191. Unprofessional conduct

(a) Unprofessional conduct is the conduct prohibited by this section, by 3 V.S.A. § 129a, or by other statutes relating to engineering.

(b) [Repealed.]

(c) Unprofessional conduct includes any of the following actions by a licensee:

(1) failing to make available, upon the timely request of a person using engineering services, copies of instruments of service in the possession or under the control of the licensee, when those instruments of service have been prepared for and paid for by the user of services;

(2) signing or sealing instruments of service for which the engineer is not in responsible charge, or negligently allowing use of the engineer's professional stamp on such an instrument;

(3) [Repealed.]

(4) accepting and performing engineering responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;

(5) making any material misrepresentation in the practice of engineering, whether by commission or omission;

(6) agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board;

(7) failing to supervise adequately employees and subordinates under the licensee's responsible charge who are engaged in the practice of professional engineering;

(8) accepting and performing engineering responsibilities that are outside the scope of engineering specialties held by the licensee;

(9) failing to protect the trust of engineering clients;

(10) failing to hold public health and safety above all other considerations in the practice of professional engineering;

(11) engaging in dishonorable or unethical conduct in the practice of professional engineering of a character likely to deceive, defraud, or harm the public; or

(12) failing to report to the Board knowledge of a perceived violation of this statute or the Board's rule by another professional engineer licensed in this State. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 34; 1997, No. 145 (Adj. Sess.), § 37; 2013, No. 27, § 15.)