Kan. Admin. Regs. § 66-6-4 - Professional conduct
(a) For the
purposes of this regulation, "licensee" shall mean an architect, a landscape
architect, a professional engineer, a professional geologist, or a professional
surveyor.
(b) If any licensee's
professional judgment has been disregarded under circumstances in which the
safety, health, or welfare of the public is endangered, the licensee shall
inform the employer or client of the possible consequences, and the licensee
shall notify the authority who issued the building permit or otherwise has
jurisdiction.
(c) The licensee
shall not advertise to perform or undertake to perform any assignment involving
a specific technical profession unless the licensee is licensed and qualified
by education and experience in that technical profession, as defined in
K.S.A.
74-7003, and amendments thereto.
(d) A licensee in any technical profession
shall not affix a personal or digital signature, seal, or both to any plan or
document dealing with subject matter that is outside the licensee's field of
practice as defined by
K.S.A.
74-7003, and amendments thereto.
(e) If the competence of any licensee to
perform an assignment in a specific technical field is at issue, the licensee
may be required by the board to pass an appropriate examination.
(f) In all professional reports, statements,
and testimony, each licensee shall meet the following requirements:
(1) Be completely objective and truthful;
and
(2) include all relevant and
pertinent information.
(g) When serving as an expert or technical
witness before any court, commission, or other tribunal, each licensee shall
express only opinions founded on the following:
(1) An adequate knowledge of the facts at
issue;
(2) a background of
technical competence in the subject matter; and
(3) an actual, good-faith belief in the
accuracy and propriety of the licensee's testimony.
(h) If a licensee issues any statements,
criticisms, or arguments on public policy matters that are inspired or paid for
by any interested party or parties, those comments shall be prefaced by and
include disclosure of the following:
(1) The
identity of each party on whose behalf the licensee is speaking; and
(2) the existence of any pecuniary interest
of the licensee.
(i)
Each licensee shall disclose all known or potential conflicts of interest to
employers or clients by promptly informing them of any business association,
interest, or any other circumstances that could influence that licensee's
judgment or the quality of the licensee's services.
(j) A licensee shall not accept compensation,
financial or otherwise, from more than one party for services on the same
project or for services pertaining to the same project, unless the
circumstances are fully disclosed and agreed to by all interested
parties.
(k) A licensee shall not
solicit or accept financial or other valuable consideration, directly or
indirectly, from either of the following:
(1)
Material or equipment suppliers for specifying their products; or
(2) contractors, their agents, or other
parties in connection with work for employers or clients for which the licensee
is responsible.
(l) A
licensee shall not solicit a contract from a governmental body on which a
principal or officer of the licensee's organization serves as a member, except
upon public disclosure of all pertinent facts and circumstances and consent of
the appropriate public authority.
(m) A licensee shall not offer, directly or
indirectly, to pay a commission or other consideration or to make a political
contribution or other gift in order to secure work, except for payment made to
an employment agency for its services.
(n) In all contacts with prospective or
existing clients or employers, each licensee shall accurately represent the
licensee's qualifications and the scope of the licensee's responsibility in
connection with work for which the licensee is claiming credit.
(o) A licensee shall not be associated with,
or permit the use of the licensee's personal name or firm name in, a business
venture being performed by any person or firm that the licensee knows, or has
reason to believe, is engaging in either of the following:
(1) Business or professional practice of a
fraudulent or dishonest nature; or
(2) a violation of
K.S.A.
74-7001 et seq., and amendments thereto, or
the regulations promulgated and adopted by the board, or both.
(p) Each licensee with knowledge
of any alleged violation of
K.S.A.
74-7001 et seq., and amendments thereto, or
the regulations promulgated and adopted by the board, or both, shall report the
alleged violation to the board.
(q)
Each licensee shall cooperate with the board in its investigation of complaints
or possible violations of
K.S.A.
74-7001 et seq., and amendments thereto, and
the regulations of the board. This cooperation shall include responding timely
to written communications from the board, providing any information or
documents requested within 30 days of the date on which the communication was
mailed, and appearing before the board or its designee upon request.
(r) A licensee shall not assist any person in
applying for licensure if the licensee knows that person to be unqualified with
respect to education, training, experience, or character.
(s) Conviction of a felony or the revocation
or suspension of a professional license by another jurisdiction, if for a cause
that in Kansas would constitute a violation of Kansas law or of these
regulations, or both, shall constitute unprofessional conduct.
(t) A licensee shall not violate any order of
the board.
(u) Each professional
surveyor shall comply with the minimum standards for the practice of
professional surveying adopted by reference in K.A.R. 66-12-1.
(v) Each licensee shall take appropriate
measures to ensure that the licensee's drawings and specifications meet the
following requirements:
(1) Remain the
property of the licensee regardless of whether the project contemplated was
executed;
(2) are not utilized for
projects that were not contemplated at the time of the completion of the
drawings and specifications; and
(3) are not used by the client on any other
projects, including additions to the contemplated project, unless the licensee
defaults or agrees in writing to this use.
Notes
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