Professional Practice Update / Ethics - ITS Texasitstexas.org/sites/itstexas.org/files/presentations/ITS...Professional Practice Update / Ethics November, 2009 David Howell, P.E. Director

Texas Board of Professional Engineers2008-2009

Texas Board of Professional Engineers

Professional Practice Update / EthicsNovember, 2009

David Howell, P.E.Director of Licensing


11/18/2009 2

Agenda

• What’s New at the Board

• Rule Changes/Reminders

• Compliance and Enforcement Stats


11/18/2009 3

What’s New

New Chairman

July, 2008

G. Kemble Bennett,

Ph.D., P.E.Vice Chancellor and Dean of

Engineering, Texas A&M


11/18/2009 4

What’s New

New Board Members

Gary Raba, D.Eng., P.E.July, 2008

Vice-Chairman

Raba-Kistner

San Antonio


11/18/2009 5

What’s New

New Board Members

Elvira ReynaJune, 2008

Ex-Member of Texas House of Representatives

Little Elm, TX


11/18/2009 6

Reappointments

• Govind Nadkarni, P.E.

Corpus Christi• Daniel Wong, P.E., PhD.

Sugarland


11/18/2009 7

Agency Organization & Responsibilities

• Executive Director:

– Ms. Dale Beebe Farrow, P.E.

• Review and process all licensing applications

• Coordinate FE and PE Exams (~6000 in 08)

• Investigate all enforcement cases (~750 / yr)

• Administer Licenses for 52,000 PE’s

• Administer Registrations for 7,000 Firms


11/18/2009 8

Legislative update• HB 2649 passed

– Exemptions of exemptions for windstorm certifications and slabs in high plasticity soil

– Fire engine drivers can use the term “engineer”

– PEs don’t need other certifications


11/18/2009 9

Self Directed Semi Independent(SDSI) status extended to 2013• TBPE is one of 3 state agencies in Texas

• We get no Legislative Appropriations

• We are completely self funded

• Contribute ~ $ 7 million thru the $200 professional fee to General Revenue

• Allows flexibility to focus on customer service and regulatory issues


11/18/2009 10

New Government Advisory Committee formed

• Improve communication with gov’t agencies / organizations and the Board

• Advisory in nature• Examples:

– TxDOT– TCEQ– Cities / Counties– School Districts


11/18/2009 11

Software Engineering Initiative

• “Emerging Technology” – New Field of Engineering

• ABET Programs / Recognized Body of Knowledge

• Needs PE Exam • Licensing Exam Consortium– NSPE, IEEE,

NCEES, Other States• Working on 10 states for exam development• NSPE, IEEE endorsed


11/18/2009 12

New International Licensure Agreement

• TBPE signs agreement with Engineers Australia on September 24, 2008

• Temporary license renewable for 3 yrs

• Requires 7 yrs of experience - 3 of which are post licensure

• Must be a citizen of Australia

• Proposing redesign of licensure

agreement with Canada to match


11/18/2009 13

More Board Updates

• Broadcasting of Board Meetings

• Exam Irregularity Investigations

• ECHO System – Online Transactions are FREE

– Renewals (PE / Firm)

– Personal Info Updates

– CEP Log


11/18/2009 14

Update on NCEES

• Southern Zone elects Govind Nadkarni, P.E. (TX) as zone Vice President

• BS + 30 debate ongoing

• Computer Based Testing Task Force


11/18/2009 15

BS+30History• Started with ASCE Position Statement 465

– Evaluated Body of Knowledge– Bachelors degree used to be 150 hours– Do engineers of the future need more education beyond a

bachelors degree?• 2001 NCEES task force looks into it• 2002 Licensing Qualifications Oversight Group

makes recommendation to add more hours• 2006 Member Boards agree to model law• 2008 Member Boards change start date to 2020


11/18/2009 16

Other BS+ 30 updates• Hours in a BS program beyond 120 hours will

not count toward the 30 hours

• Nebraska Legislature was first to consider BS+30 and shot it down

• Now calling BS+30, Masters or Equivalent

• NCEES task force must assess why it’s needed and look at implementation issues

• TBPE Board members are split


11/18/2009 17

Four Year Rule Review

• Required review of all Board rules• 63 Rules with Changes• Most are Minor / Administrative• Proposed August 2008• Adopted November 2008• Published in Texas Register• Posted on Website


11/18/2009 18

Four Year Rule Review

• Substantive Rule Packages:– PDH for K-12 or higher education outreach

– NCEES Council Record for inter-state licensure

– Revision of international licensure rules

– Release of case documents


11/18/2009 19

Adopted Board Rules

• Electronic Seal and Signature– Electronic Signatures Now Allowed

• Waiver - Former Texas License Holder

• Experience Before Degree– Limited to 2 years

• Firm number and title block to be included on design work


11/18/2009 20

Reminders

• Continuing Education– Audits Ongoing

– Keep Documentation

– Be prepared to substantiate your 15 hours

– Enforcement Cases

– Suggested Sanction: $2,500


11/18/2009 21

Reminders

• Criminal Convictions– All New Licensees

– Required to Report on Renewal

– Board will Review Incidents• Severity

• Recidivism

• Relevant to Engineering

• Other Factors


11/18/2009 22

Reminders

• Areas of Competency– PE can only practice in areas where

competent

– Branch listed on website

– Listing does not restrict practice

– Verify current listing

– Education / Exam / Experience


11/18/2009 23

C&E Statistics

• FYs 2007-2008–1519 Cases Opened

• 759 Opened by Staff• 763 Opened at Request of Public

–1522 Cases Closed• 923 Voluntary Compliance• 114 Disciplinary Actions• 175 Dismissed / No Violation


11/18/2009 24

C&E Statistics

• FYs 2007-2008–Cases Opened

• 515 - Unlicensed Practice

• 313 - Corporate Name

• 170 - Cases against PE’s (Disciplinary Cases)

• 54 - Illegal Use of Title


11/18/2009 25

Contracts

• Many cases related to contract disputes–Lack of clear and concise contract

–No signed contract

–Difference in expectations between client and PE


11/18/2009 26

Engineering Ethics

Case Files


11/18/2009 27

From the Case Files• Based on TBPE Enforcement

Cases 2006-2008

• Names and Situations Changed

• All in Newsletter / on Website

• Focus on Ethical / Practice Issues


11/18/2009 28

From the Case Files• Good News:

– No Major Design Failures

• What This Means:– Technical Competency

– Process Works


11/18/2009 29

From the Case Files• Not So Good News:

– Ethical Violations

– Administrative Violations

• What This Means:– Revisit Ethical Obligations

– Familiarity with Rules

– Monitoring Practice


11/18/2009 30

From the Case Files• Scenarios

– Focus on Violations of the Act/Rules

– Emphasis on Ethical Component

– Case-by-Case Basis• Broad View of Cases

• Don’t Focus on Sanctions


11/18/2009 31

From the Case FilesGalveston, TX• Roofing / Re-Roofing Projects

• Windstorm Certification

• WPI-2 Forms Submitted to TDI

• Did Not Comply with Code

• Engineer must meet all applicable codes


11/18/2009 32

From the Case FilesRelated Violations:

• Protection of Health, Safety, Welfare

• Misleading (Deceitful, Fraudulent)

• Incompetence or Gross Negligence

• Contrary to Generally Accepted Eng. Standards / Procedures

• Honest and Ethical Professional Activities

Sanction: $2,000 / 2-yr Probated Suspension / Ethics Course


11/18/2009 33

From the Case FilesHouston, TX• Fire Sprinkler Design

• Elementary School

• Didn’t Meeting Fire Codes– Missing Items on Design

– Blanket Reference to General Codes

• TBPE Used Technical Experts to Evaluate– State Fire Marshall’s Office

• Sanction: $1,590 and Formal Reprimand


11/18/2009 34

From the Case Files• PE is responsible for following codes.

• PE is responsible for knowing which codes apply:– Building Code

– Fire Codes

– Electrical Codes

– Local Codes / Ordinances

– State Codes / Regulations

– Federal Codes / Regulations

• Governmental Advisory Committee


11/18/2009 35

From the Case FilesGalveston, TX• Similar to 1st Case (TDI Windstorm)

• Not Registered Firm

• TDI request for documentation

• Didn’t Respond• TDI Revoked – Qualified Inspector

• Reported to TBPE

• Didn’t Respond to TBPE• TBPE Added Charge – Failure to Answer Inquiries and

Cooperate with Investigation


11/18/2009 36

From the Case Files• Original Consent Order: $3,750

• Didn’t Respond to Board– Sent to State Office of Administrative Hearings

(SOAH)

• Did Not Appear– Default Order: 2 yr Suspension / $8,100

• Didn’t Pay– Sent to AG Office

• Lien Put on Property / House


11/18/2009 37

From the Case FilesBig Spring, TX• Design for Shopping Center

• PE Seals Structural, Electrical, Plumbing Design Sheets

• Licensed in Mechanical Engineering

• TBPE Inquired about Competency

• Experience as Aerospace Engineer

• “Learned building design from books and acquaintances.”


11/18/2009 38

From the Case Files• TBPE Requested Other Designs• Used Technical Experts to Evaluate• Determined Not Competent to Practice in

Structural, Electrical, or Plumbing• Sanctions:

– $5,720 – 4 yr Probated Suspension – 9 Credit Hours of College Courses in Concrete

and Foundation Design – Cease and Desist from Electrical and Plumbing

Design


11/18/2009 39

From the Case Files• Practice Only in Area of Competency

• PE License does not allow you to do whatever you want.

• Competency is Demonstrated by:– Additional Formal Education

– Additional Engineering Practice Under PE /

– NCEES Examination

• Competency is NOT Demonstrated by:– Reading it on the Internet

– Staying in a Holiday Inn Express ™

– Reading about something in a book

– Asking a friend…


11/18/2009 40

From the Case FilesGrand Prairie, TX• Design for a Medical Clinic

• PE Sealed Mechanical, Electrical, and Structural Design Sheets

• Title Block: “ABC Architectural Services”

• IBC Violations in Construction

• PE Didn’t Work for Architectural Firm

• PE Didn’t Include Firm Name/Number

• TBPE Investigated: Codes & Firm Reg.


11/18/2009 41

From the Case Files• TBPE Contacted PE

• PE Story #1:– Did Designs and Sent to Architect

– Didn’t Sign / Seal Designs

• PE Story #2:– Did NOT Do Design Work

– Signed / Sealed Designs “as a favor to get them permitted”


11/18/2009 42

From the Case Files• “Plan Stamping”

– Signing / Sealing Work Not Performed by PE or Under Direct Supervision

• Sanction:– $3,995

– 2 yr Probated Suspension

– 40 hr Ethics Course


11/18/2009 43

From the Case FilesAustin, TX• Two Landfill Permits

• Filled Out Incorrectly…

• Text Copied from Other Permit Applications– For Different Sites

– By Different Engineers

• Plagiarism


11/18/2009 44

From the Case Files• Misleading / Fraudulent

• Not Supported by Modeling / Calculations

• Failed to Meet Codes

• Did Not Consider Environmental Impact

• Endangered Public Health & Safety

• Sanction:– $8,500

– 3 yr Probated Suspension

– Corrective Action Plan

– Engineering Ethics Course


11/18/2009 45

From the Case FilesEverywhere, TX• PE Doesn’t Renew On Time

• PE Continues to Sign & Seal Designs

• Violation: Practicing on an Expired License– 1 yr Probated Suspension / $500.00

• Pay attention to Renewals

• Look Up PE’s on Website – Your Own Staff

– Subcontractors

– Other PE’s


11/18/2009 46

From the Case Files

Everywhere, TX• Design Submitted to City for Review

• Problems w/Design, PE Contacted

• PE Didn’t Perform Design

• Seal Was Fraudulently Applied

• Failure to Protect Your SealExternal Theft Internal Usage

Blanket Authorization Network Files


11/18/2009 47

From the Case Files

Houston, TX• Report Prepared, Signed & Sealed by PE

• Another Report Prepared, Signed & Sealed by Same PE

• PE Numbers Don’t Match

• Certificate on Wall Doesn’t Match Seal #1 or #2

• In Fact, PE isn’t a PE at all!!!

• Unlicensed Practice

• Sanction – Cease & Desist / $4,950


11/18/2009 48

Contact TBPE

• 1917 IH-35 South

• Austin, TX 78741

• Phone: 512-440-3054

• FAX: 512-440-0417

• Web: http://www.tbpe.state.tx.us

• email: [email protected]

mailto:[email protected]

Documents

Professional Practice Update / Ethics - ITS Texasitstexas.org/sites/itstexas.org/files/presentations/ITS...Professional Practice Update / Ethics November, 2009 David Howell, P.E. Director