A professional engineer, professional land surveyor or
professional geologist who is found guilty by the Board of gross negligence,
incompetency or misconduct in the practice of engineering, land surveying or
geology or of a violation of the Code of Ethics of the profession of
engineering or land surveying is subject to disciplinary action under section
4(g) of the act (63 P. S. §
151(g)). Misconduct in the
practice of engineering, land surveying or geology includes the
following:
(1) Being convicted of a
criminal offense such as extortion, bribery or fraud or entry of a plea of nolo
contendere to a charge thereof for conduct relating to the practice of
engineering, land surveying or geology.
(2) Being unable to practice engineering,
land surveying or geology with reasonable skill and safety by reason of
drunkenness, use of controlled substances, chemicals or other types of
inhibiting materials, or as a result of a mental or physical incapacity which
prevents the practice of engineering, land surveying or geology.
(3) Failing to exercise supervision over a
person who is authorized by the employer to practice engineering, land
surveying or geology only under the supervision of a professional engineer,
professional land surveyor or professional geologist.
(4) Delegating responsible charge to an
individual who the professional engineer, professional land surveyor or
professional geologist knows or has reason to know is not qualified by training
or experience to personally and independently engage in and be entrusted with
the work involved in the practice of engineering, land surveying or
geology.
(5) Being convicted of a
felony in a state or Federal court or being convicted of a misdemeanor in the
practice of engineering, land surveying or geology. As used in this paragraph,
the term "convicted" includes a finding or verdict of guilt, an admission of
guilt or a plea of nolo contendere.
(6) Making misleading, deceptive, untrue or
fraudulent representations in the practice of engineering, land surveying or
geology.
(7) Practicing fraud or
deceit in obtaining a license to practice engineering, land surveying or
geology.
(8) Submitting a false or
deceptive biennial registration to the Board.
(9) Reviewing on behalf of a public entity or
an agency of government plans on which the individual performing the review, or
a member or employe of the individual's firm, has participated in any manner,
including an advisory capacity. A violation of the act of October 4, 1978 (P. L
883, No. 170) (65 P. S. §§
401-413), known as the Public
Official and Employee Ethics Law, as the violation relates to the practice of
engineering, land surveying or geology, is a violation of this section and
chapter.
(10) Violating a provision
of the act or this chapter.
(11)
Having a license to practice engineering, land surveying or geology suspended
or revoked or having other disciplinary action taken for conduct relating to
the practice of engineering, land surveying or geology, by the proper licensing
authority of another state, territory or country.
