1. Engineering Licensure
Fall 2012
Theodore G. Cleveland, Ph.D., P.E.

2. Outline History of Licensing in USA What is the purpose of licensing?
Why should I care?
What is the process (in Texas)?

3. History of Licensing in USA
1907 – Wyoming was the first to enact engineering licensure laws.
The creation of this law was generated because of many non-professionals practicing engineering and surveying created hazardous conditions (both financial hazard as well as physical hazards) with little recourse to society.

4. History of Licensing in USA
1922 – The American Association of Engineers (later NSPE) argued for
"passage of an engineers registration law in every state and the enforcement of existing registration laws."

5. History of Licensing in USA
1934 – NSPE is formed
membership requirement was being a professional, licensed engineer.
At the time, only 28 states had engineering registration laws enacted.

6. History of Licensing in USA
1940 – Between and 1940
17 additional states adopted engineering registration laws, partly through the efforts of NSPE members.

7. History of Licensing in USA
1947 – Montana was the last of the 48 states to enact a licensure program
What about Alaska and Hawaii?

8. History of Licensing in USA
By 1950, all states, plus Alaska, Hawaii, the District of Columbia, and Puerto Rico had adopted licensing laws of some kind
Today, all U.S. states and jurisdictions have laws regulating the practice of engineering and surveying.
Each state and jurisdiction has a licensing board (68 state and territorial licensing boards)
The National Council of Examiners for Engineering and Surveying (NCEES) role is to assist the licensing boards

9. What is the Purpose of Licensing?
Engineering Licenses exist to
“warrant” to society that licensed providers of engineering services meet minimal standards of education, experience, competence and character
provide a legally recognized credential to distinguish between qualified and unqualified practitioners
provide legal recourse for incompetence and negligence (of licensed engineers)

10. Warranty

11. Why should I care? Texas Engineering Practices Act Statutory “law”
Defines engineering
Providing services in Texas governed by the TEPA, without license or exemption is against the law
Civil penalties
Criminal penalties

12. Why should I care?
§ Practices of Engineering and Architecture. … (c) An engineer is responsible for the engineering plans and specifications of a building unless the work is exempt under Section or In this section, the term "engineering plans and specifications" means: (1) plans for a structural, mechanical, electrical, electronic, fire suppression, or geotechnical system in a building; (2) specifications of structural elements and connections of a building; (3) foundation design; (4) hydrologic management calculations and design of surface water control and detention necessary for compliance with ordinances and regulations; (5) design of building drain and waste system plumbing, fresh water plumbing, graywater systems, and mechanical aspects of moving water in and out of a structure, other than simple roof drainage;

13. Why should I care?
§    Practices of Engineering and Architecture.
… (c)  An engineer is responsible for the engineering plans and specifications of a building unless the work is exempt under Section or In this section, the term "engineering plans and specifications" means: (CONTINUED)
(6)  evaluation of structural framing members before the addition of roof-mounted equipment or a heavier roof covering;
(7)  design of changes in roof pitch by the addition of structural framing members;
(8)  evaluation and repair of damaged roof structural framing;
(9)  design of electrical and signal and control systems;
(10)  shop drawings by manufacturers or fabricators of materials and products to be used in the building features designed by the engineer; and
(11)  specifications listing the nature and quality of materials and products for construction of features of the building elements or systems designed by an engineer.

14. Why should I care? § 1001.053. Public Works
The following work is exempt from this chapter:
(1) a public work that involves electrical or mechanical engineering, if the contemplated expense for the completed project is $8,000 or less; or
(2) a public work that does not involve electrical or mechanical engineering, if the contemplated expense for the completed project is $20,000 or less; or
(3) road maintenance or improvement undertaken by the commissioners court of a county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, Amended by: Acts 2009, 81st Leg., R.S., Ch. 1142, Sec. 1, eff. June 19, 2009.

15. Why should I care?
§ Legislative Purpose and Intent; … (a) The legislature recognizes the vital impact that the rapid advance of knowledge of the mathematical, physical, and engineering sciences as applied in the practice of engineering has on the lives, property, economy, and security of state residents and the national defense. (b) The purpose of this chapter is to: (1) protect the public health, safety, and welfare; (2) enable the state and the public to identify persons authorized to practice engineering in this state; and (3) fix responsibility for work done or services or acts performed in the practice of engineering.

16. Other Considerations
Licensed engineers get to read the definitions of gross negligence and incompetence, unlicensed persons have no clue (to the meaning or the potential consequences)

17. Other Considerations
Gross negligence - Any willful or knowing conduct, or pattern of conduct, which includes but is not limited to conduct that demonstrates a disregard or indifference to the rights, health, safety, welfare, and property of the public or clients.
Gross negligence may result in financial loss, injury or damage to life or property, but such results need not occur for the establishment of such conduct.

18. Negligence

19. Other Considerations
Incompetence - An act or omission of malpractice which may include but is not limited to recklessness or excessive errors, omissions or failures in the license holder's record of professional practice; or an act or omission in connection with a disability which includes but is not limited to mental or physical disability or addiction to alcohol or drugs as to endanger health, safety and interest of the public by impairing skill and care in the provision of professional services.

20. Other Considerations
Incompetence - An act or omission of malpractice which may include but is not limited to recklessness or excessive errors, omissions or failures in the license holder's record of professional practice; or an act or omission in connection with a disability which includes but is not limited to mental or physical disability or addiction to alcohol or drugs as to endanger health, safety and interest of the public by impairing skill and care in the provision of professional services.

21. Competence

22. Other Considerations
§ Engineers’ Actions Shall Be Competent (a) Engineers shall practice only in their areas of competence. (b) The engineer shall not perform any engineering assignment for which the engineer is not qualified by education or experience to perform adequately and competently. However, an engineer may accept an assignment which includes phases outside of the engineer's area of competence if those other phases are performed by qualified licensed professionals, consultants, associates, or employees.

23. Competence

24. What is the Process?
Bachelor’s degree in engineering from an ABET approved engineering program
Passing the Fundamentals of Engineering (FE) exam – Engineer-In-Training
4 years work experience under the direct supervision of a licensed P.E.
Apply to the state to take the PE Exam
Passing the Principles and Practice of Engineering (PE) Exam

25. What is the Process?
Graphic from: cset.sp.utoledo.edu/engt2000/overviewPEcountrywide.ppt

26. Will My License Work Elsewhere?
Sort of …
Look up the meanings of COMITY and RECIPROCITY.
All states have “COMITY” principles in their engineering acts, some have “RECIPROCITY”
A few even have “RECIPROCITY” with CANADA
Some are “special” (California being a notable “special” in licensing – Seismic competence by examination)

27. Some Closing Thoughts Licensure versus certification:
Many businesses and professional organizations offer voluntary certification programs that attest to an individual’s expertise in certain knowledge areas
Some certifications are vendor specific - Cisco (CCNA), Microsoft (MCSE), etc.
Others are vendor neutral – ASQ (Quality Engineer), IEEE Computer Society (CSDP), etc.

28. Some Closing Thoughts
Similarities and differences between licensure and certification:
Both require education, experience and testing
Each results in the award of a credential attesting to an individual’s knowledge, skills and abilities
Both provide procedures for disciplining credential holders for illegal, unprofessional or unethical practices

29. Some Closing Thoughts
Certification is generally voluntary, but sometimes required
Look at “help wanted” in IT, usually state something like “MSCE required” or “CCNA required”
Licensure is a privilege granted by state and territorial legislatures

30. Why Should I Earn a License?
Protects public safety and welfare, and …
Sets standards for the engineering profession
Provides a mechanism for measuring individual accomplishment – career growth
Establishes areas of competency
Continuing education requirement allows for growth and adaptation as market evolves
Allows a basis for transportability