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Presented by : Karl E. Tonander, P.G., P.E. [email protected] Engineering Ethics Refresher 2017 NMBLPEPS November 2017

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Page 1: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Presented by:Karl E. Tonander, P.G., [email protected]

Engineering Ethics Refresher2017

NMBLPEPSNovember 2017

Page 2: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Who is the NMBLPEPS?• Augusta Meyers, Public Member• Clifford Spirock, PS• David Cooper, PS• Glen Thurow, PS• Joshua Skarsgard, Esq., Public Member• Julie Samora, PE• Karl Tonander, PE • Paul Brasher, PE• Ronald Bohannan, PE• Walter Gerstle, PhD, PE

Page 3: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

What are the Numbers?• Number of active PEs: 8,697

• In State: 2,096• Out of State: 6,090

• Number of active PSs: 493• In State: 257• Out of State: 236

• Number of active PEPSs: 18• In State: 16• Out of State: 2

*September 2017

Page 4: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Where NM PE/PS Licensure is Headed

• Adding 40-50 PEs per month (but losing almost an equal amount through retirement and/or non-renewal)

• Most through comity• NM somewhat unique in that we have no alternate path for people with

an Engineering or Engineering Technology degree• New applicants for PE need ABET-accredited or NCEES-equivalent degree

• Adding 0-2 PSs per month (also almost stable)• Most through comity• NM somewhat unique in that we require a four-year degree

• Surveying degree• “Related science” with core survey curriculum

Page 5: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Why Ethics Awareness Matters

• “Bad people do bad things, hence there is no point to ethics training”

Page 6: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Why Ethics Awareness Matters

• Help good people do the right thing• Good people can do bad things

• Difficult circumstances (financial, corporate pressures)

• Just didn’t know…

• Forget/Loss of awareness

Page 7: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Definition of Ethics• A- a set of moral principles: a theory or system of

moral values the present-day materialistic ethic an old-fashioned work ethic

• B- ethics plural in form but singular or plural in construction: the principles of conduct governing an individual or a group; professional ethics

• C- a guiding philosophy

• D- a consciousness of moral importance forge a conservation ethic

Excerpted from https://www.merriam-webster.com/dictionary/ethic

Page 8: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Ethics Philosophy

• If it’s legal, is it ethical?

• If it’s ethical, is it legal?

Page 9: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Ethics Philosophy

• Is it legal to speed?

• Is it ethical to speed?• Are there conditions where it could be ethical?

• If caught, is it ethical to not be cited?• Or maybe cited at a lesser level?

Page 10: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Ethics Philosophy• Price Gouging: Legal? Ethical?

• Competing philosophies• Market-driven price lowers demand allowing products to

go to more people

• Market-driven price helps encourage others to participate and provide more product despite challenges

• Market-driven price is the natural state of the free market

Page 11: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Ethics Philosophy

From the NCEES Model Rules of Professional Conduct:Licensees shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees’ work.

A licensee routinely charges 60% of the normal fee for services in their geographical area. While that practice is legal, is it ethical?

From Ethical Responsibilities: Don’t Forget Your Peers By Bill Beardslee, P.L.S., P.E., P.P., NCEES Annual Meeting August 2015

Page 12: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Ethics Philosophy

• Who owns your professional work?• Can you claim your concepts?

• For future work/application?

• For your resume?

• What if you were “on team”?

Page 13: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Ethics Philosophy• How about social media?

• What if someone posts an opinion on a project on which they are not the design professional?

• Does it matter if they identify themselves as a registered professional?

• Does it matter if they will benefit from their position on the issue?

Page 14: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Ethics Philosophy• How do politics play into ethics? Or do they?

• Or how about controversial projects or ideas…• Border wall

• Water diversion projects

• Climate change

Page 15: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Why Ethics Awareness Matters• According to the 1998 poll of Who's Who Among American

High School Students, 80% of the country's best students cheated to get to the top of their class. More than half the students surveyed said they don't think cheating is a big deal –and most did not get caught.

• While about 20% of college students admitted to cheating in high school during the 1940's, today (1999*) between 75 and 98 percent of college students surveyed each year report having cheated in high school.

From Cheating Fact Sheet, Educational Testing Service (ETS)Ad Council 1999

Page 16: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Why Ethics Awareness Matters• Engineering undergraduates consistently report higher levels of

cheating (a measure of unethical behavior) when compared with undergraduates in less professionally-oriented majors (Harding, Mayhew, Finelli & Carpenter, 2007; McCabe & Trevino, 1997).

• Over 96% of engineering undergraduates admitted to performing at least one academic act that the students themselves defined as either cheating or unethical (Carpenter, Harding, Finelli, Montgomery & Passow, 2006).

From Where Do We Draw The Line? A Workshop On Ethical Decision-‐making Skills by Deborah H. Long, PhD, NCEES Annual Meeting August 2016

Page 17: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Why Ethics Awareness Matters• Profile of college students more likely to cheat: Business or

Engineering majors; those whose future plans include business; men self-report cheating more than women; fraternity and sorority members; younger students; students with lower GPA's or those at the very top.

• Cheating does not end at graduation. For example, resume fraud is a serious issue for employers concerned about the level of integrity of new employees.

From Cheating Fact Sheet, Educational Testing Service (ETS)Ad Council 1999

Page 18: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Why Ethics Awareness Matters• Paradoxically:

• Millennials on average are more risk-averse and are less likely to spend money unnecessarily than previous generations. But when millennials do decide to part with their money, key patterns are beginning to emerge. Millennials prefer to do business with corporations and brands with pro-social messages, sustainable manufacturing methods and ethical business standards.

• Simply put, people — millennials most of all — want the companies they buy from to practice business sustainably and ethically.

https://www.forbes.com/sites/sarahlandrum/2017/03/17/millennials-driving-brands-to-practice-socially-responsible-marketing/#268368014990

Page 19: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Any Other Professions Come to Mind?

Page 20: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Basic Ethical Approach

• “For Low to Medium Risk Decisions• How will my conduct affect the way my children think

of me?• What would I advise my child to do?• What would I hope my child would do?• What would the kind of person I want my child to

date or marry do?”

From The Struggle for Character: If We Can't Be Good, Can We Be Better? by Deborah H. Long, PhD, NCEES Annual Meeting August 2016

Page 21: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Basic Ethical Approach

• “For Medium to High Risk Decisions• The Legal Test: Is your choice against the law?

• The Gut-Feeling Test: What does your intuition advise?

• The Front Page Test: How would you feel if your decision were headlined?

• The Role Model Test: Think of a person you respect. If this person had to make the same decision you have to make, what would he or she do?

• The Professional Standards Test: Is your choice consistent with your profession's standards of conduct? How would your colleagues react?”

From The Struggle for Character: If We Can't Be Good, Can We Be Better? by Deborah H. Long, PhD, NCEES Annual Meeting August 2016

Page 22: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Future of Licensure

Page 23: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

North Carolina State Board of Dental Examiners v. FTC

• United States Supreme Court case on the scope of immunity from US antitrust law

• A state occupational licensing board that was primarily composed of persons active in the market it regulates has immunity from antitrust law only when it is actively supervised by the state

Page 24: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Threats to ProfessionalOccupational Licensure

• Active movements in many states toward deregulation

• Primary argument is that licensure hinders business

• Secondary argument is protectionism of profession

• “That’s what the courts are for…”

• Effective 2017, AZ deregulated geology as a profession and nearly deregulated surveying

Page 25: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

New Mexico Professional Practice

Page 26: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Professional Licensing Legal Review Process

• Uniform Licensing Act (61-1 NMSA)

• Engineering and Surveying Practice Act (61-23 NMSA)

• Professional Engineering and Professional Surveying Rules (16.39 NMAC)

Page 27: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActChapter 61, Article 23 NMSA 1978

• Passed through sunset review and updates during 2017 legislative (regular) session

• Several changes proposed by the Board

• Most changes were successfully passed

Page 28: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-3 Definitions• F. "engineer ", "professional engineer", "consulting

engineer", "licensed engineer" or "registered engineer" means a person who is qualified to practice engineering by reason of the person’s intensive preparation and knowledge in the use of mathematics, chemistry, physics and engineering sciences, including the principles and methods of engineering analysis and design acquired by professional education and engineering experience and who is licensed by the board to practice the profession of engineering;

Page 29: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-3 Definitions• R. "surveyor" or, "professional surveyor“, “licensed

surveyor” or “registered surveyor” means a person who is qualified to practice surveying by reason of the person’s intensive preparation and knowledge in the use of mathematics, physical and applied sciences and surveying, including the principles and methods of surveying acquired by education and experience,and who is licensed by the board to practice surveying;

Page 30: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-3 Definitions

• B. "authorized company officer" means an employee of a business entity duly authorized by the business entity to contractually obligate the business entity;

Page 31: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-3 Definitions

• D. "business entity" means a corporation, professional corporation, limited liability corporation, professional limited liability corporation, general partnership, limited partnership, limited liability partnership, professional limited liability partnership, a joint stock association or any other form of business, whether or not for profit;

Page 32: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-3 Definitions

• P. "surveying", "practice of surveying "…

• (6) the depiction and transmittal by paper and digital means of any digital geospatial data for use in geographic information systems or land information systems that purports to be the authoritative location of points or features of a survey regulated by the Engineering and Surveying Practice Act, but excludes data used solely for a cadastre, such as assessment and tax mapping purposes, or general representations of surveyed or historic data used for mapping purposes, such as land parcels and built infrastructure;

Page 33: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-14.1 Licensure as a Professional Engineer

• B.(1)(a) received a bachelor’s degree in an engineering discipline recognized by the board from a program accredited by the engineering accreditation commission or a program that fulfills the required content of the engineering education standard as defined by the national council of examiners for engineering and surveying board-approved engineering curriculum and has four years of engineering experience subsequent to receiving the degree;

Page 34: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-14.1 Licensure as a Professional Engineer

• Similar edits to subsequent sections as it relates to MS and PhD degrees

Page 35: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-21 Practice of Engineering• D. In the case of practice through a business entity

offering or providing services or work involving the practice of engineering, an authorized company officer and the professional engineer who is employed by the business entity and in responsible charge shall place on file with the board a signed affidavit, as prescribed by board rule. The affidavit shall be kept current, and, if there is any change in the professional engineer or authorized company officer, the affidavit shall be promptly revised and resubmitted to the board."

Page 36: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-22 Engineering Exemptions

• B. An engineer employed by a business entity who performs only the engineering services involved in the operation of the business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the business entity offers engineering services to the public. Performance of engineering on public works projects pursuant to Section 61-23-26 NMSA 1978 constitutes engineering services to the public and is not exempt."

Page 37: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-26 Engineering Public Work

• It is unlawful for the state or any of its political subdivisions to engage in the construction of any public work involving engineering unless the plans and specifications involving engineering have been prepared by and are under the responsible charge of a licensed professional engineer. and the public work involving professional surveying has been executed under the responsible charge of a licensed professional surveyor. Nothing in this section shall be held to apply to any public work wherein the contemplated expenditure for the complete project does not exceed one hundred thousand dollars ($100,000), except for public work involving structural design, structural modifications or surveying.

• B. The Engineering and Surveying Practice Act shall not apply to construction surveys of engineering and architectural public works projects, the anticipated construction cost of which is less than one hundred thousand dollars ($100,000)."

Page 38: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActNEW Chapter 61, Article 23 NMSA 1978

• 61-23-28.2 Record of Survey• (4) not exceed a size of eighteen inches by twenty-four

inches and be at least eight and one-half inches by eleven inches or as required by the local governing authority.

Page 39: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

NM Practice ActChapter 61, Article 23 NMSA 1978 (No Changes)

• 61-23-27 Engineering-Public Officers-Licensure Required

• No person except a licensed professional engineer shall be eligible to hold any responsible office or position for the state or any political subdivision of the state that includes the performance or responsible charge of engineering work.

• Similar language under 61-23-27.14 Surveying-Public Officers-Licensure Required

Page 40: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

PE and PS Rules (16.39 NMAC)

• Changes drafted and sent through legal review• Intended to maintain compliance with Act,

update/modernize as necessary

• Impact to Sections 1, 2, 3, 5, 7 and 8

• Hearing held November 3rd in Albuquerque

• Will become active upon publication in the New Mexico Register

Page 41: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.2.7 NMAC - Continuing Professional Development

• F. Ethics/business-related course or activity - any qualifying course or activity with content areas related to:

• (1) the awareness of ethical concerns and conflicts;

• (2) an enhanced familiarity with the codes of conduct;

• (3) an understanding of standards of practice or care; or

• (4) project management and risk-assessment management.

Page 42: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.2.8.D NMAC - Continuing Professional Development

• Need 30 PDHs per biannual renewal, 2 of which must be ethics/business-related.

• (1) successful completion of college courses relevant to engineering and surveying;• (2) successful completion of short courses, tutorials, webinar or distance-education

courses offered for self-study, independent study or group study through synchronous or asynchronous delivery method such as live, correspondence, archival or the internet;

• (3) presenting or attending qualifying seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, conferences or educational institutions;

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Proposed Rules Changes Highlights16.39.2.8.D NMAC - Continuing Professional Development

• (4) teaching or instructing in Paragraphs (1) through (3) of Subsection D of 16.39.2.8 NMAC;

• (5) authoring published papers, articles, books or accepted licensing examination items;

• (6) active participation in professional or technical societies;• (7) patents;• (8) active participation in educational outreach activities pertaining to

professional licensure or the surveying/engineering professions as a speaker, instructor, presenter or panelist;

*Outreach limited to 6 PDH per biennium

Page 44: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.3.8 NMAC –Engineering Disciplines

• G. Subdiscipline of on-site wastewater engineering (ET fields, leach fields, septic systems, etc.) was eliminated. No list was available and neither the PEC or NMED (named in the Rules) had a current list.

Page 45: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.3.9 NMAC – Application – Engineering Intern and

Professional Engineer

• E. Applicants for the principles and practices of engineering examination [with] must have certification as an engineer intern and have successfully completed an ABET accredited engineering curriculum of four [(4)] years or more [or equivalent] from a program that fulfills the required content of the engineering education standard as [determined]defined by [the board] NCEES and shall have a minimum of two [(2)] years of post-baccalaureate experience acceptable to the professional engineering committee at the date of application and shall have passed the fundamentals of engineering examination. Applicants with an ABET accredited engineering technology degree shall have a minimum or four [(4)] years of post-baccalaureate experience acceptable to the board at the date of application and shall have passed the fundamentals of engineering examination.

Page 46: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.3.9 NMAC – Application – Engineering Intern and

Professional Engineer

• K. All applicants for PE licensure shall also show proficiency in the English language and shall have a minimum of four [(4)] - years experience working in the United States or for a United States corporation under the direction of [an] a professional engineer who will attest to the applicant’s ability and knowledge as a competent engineer.

Page 47: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.3.10 NMAC – Examinations – Engineering Intern and

Professional Engineer

• C. An applicant that has not achieved a passing score on [an]the principles and practice of engineering examination after three unsuccessful attempts, shall only be eligible to take the next scheduled examination after waiting a period of twelve months. The applicant shall provide documentation to the board of further study in preparation of the exam. If an applicant has not achieved a passing score on the principles and practice of engineering examination within the [three (3)] two year application period, the applicant shall only be eligible to take the next scheduled examination after re-submitting a new application and providing detailed documentation to the board of further study in preparation of the exam.

Page 48: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.3.11 NMAC – Practice of Engineering

• E. In the case of practice through a business entity offering or providing services or work involving the practice of engineering, an authorized company officer and the professional engineer who is employed by the business entity and in responsible charge shall place on file with the board within 30 days a signed affidavit, as prescribed by board rule. The affidavit shall be kept current, and, if there is any change in the professional engineer or authorized company officer, the affidavit shall be revised within 30 days and resubmitted to the board.

Page 49: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.3.12 NMAC – Seal of Licensee

• C. The design of the seal/stamp shall consist of either:• (1) three concentric circles, the outermost circle being one

and one-half inches in diameter, the middle circle being one inch in diameter, and the innermost circle being one-half inch in diameter. The outer ring shall contain the words, "professional engineer" and the licensee's name. The inner ring shall contain the words "New Mexico". The center circle shall contain the license number issued by the board. Any border pattern used by the manufacturer is acceptable; or

• (2) a design approved by the board which contains the words "professional engineer", the licensee's name, "New Mexico", and the license number issued by the board each in text no less than 0.2 inches in height.

Page 50: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.5.7 NMAC – Definitions

• C. “Authoritative location” is defined as an accurately and precisely established location of a feature, object or boundary sufficient for use in establishing property rights, legal proceedings, or to protect the welfare and safety of the public.

• F. “Four year”, as it relates to a minimum course of academic study in this part, means a program of study normally associated with a university, college or other accredited academic course of study that includes a minimum 120 semester hours.

• G. “Geomatics”, as it relates to curriculum as discussed in these rules, will be considered synonymous with surveying.

Page 51: Engineering Ethics Refresher 2017 - sblpes.state.nm.us · Engineering Ethics Refresher. 2017. NMBLPEPS. November 2017. Who is the NMBLPEPS? ... NM somewhat unique in that we have

Proposed Rules Changes Highlights16.39.5.8 NMAC – Application – Surveyor Intern and

Professional Surveyor

• K. All applicants for professional surveyor license shall show proficiency in the English language and shall have a minimum of four [(4)] years of experience if a graduate of a board approved, four [(4)] year surveying curriculum or eight [(8)] years if a graduate of a board approved related science curriculum, working in the United States, or for a United States corporation, under the direction of a licensed professional surveyor who can attest to the applicant’s ability and knowledge as a competent surveyor.

• L. When considering surveying applicants who are graduates of educational programs from a school, college or university outside of the United States and its jurisdictions, or considering applicants from related science programs, the Board will evaluate and approve the degrees on an individual basis. The Board may require an independent evaluation of the education and such evaluation shall be done through an organization approved by the board and at the expense of the applicant.

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Proposed Rules Changes Highlights16.39.5.9 NMAC – Examinations – Surveyor Intern and

Professional Surveyor

• C. An applicant that has not achieved a passing score on [an]the principles and practice of surveying examination after three unsuccessful attempts, shall only be eligible to take the next scheduled examination after waiting a period of 12 months. The applicant shall provide documentation to the board of further study in preparation of the exam. If an applicant has not achieved a passing score on the principles and practice of surveying examination within the three (3) two year application period shall only be eligible to take the next scheduled examination after re-submitting a new application and providing detailed documentation to the board of further study in preparation of the exam.

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Proposed Rules Changes Highlights16.39.5.10 NMAC – Practice of Surveying

• F. Inclusions and exclusions to the practice of surveying.• Land surveying does not encompass work products which

represent only a generalized location of a feature, object, or boundary upon which the public would not reasonably rely as the precise location of that feature, object, or boundary.

• (1) Activities included within the practice of surveying activities that must be accomplished by or under the responsible charge of a professional surveyor (unless specifically exempted in Subsection B of this Section) include, but are not limited to, the following:

• (a) The creation of maps and georeferenced databases representing authoritative locations for boundaries, the location of fixed works, or topography. This includes maps and georeferenced databases prepared by any person or government agency where that data is provided to the public as a survey product.

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Proposed Rules Changes Highlights16.39.5.10 NMAC – Practice of Surveying

• (b) Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes: geodetic control, orthoimagery, elevation and hydrographic, fixed works, private and public boundaries, and cadastral information.

• (c) Certification of positional accuracy of maps or measured survey data.

• (d) Adjustment or authoritative interpretation of raw survey data.

• (e) Geographic information system (GIS)-based parcel or cadastral mapping used for authoritative boundary definition purposes wherein land title or development rights for individual parcels are, or may be, affected.

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Proposed Rules Changes Highlights16.39.5.10 NMAC – Practice of Surveying

• (f) Authoritative interpretation of maps, deeds, and other land title documents to resolve conflicting data elements.

• (g) Acquisition of field data required to authoritatively position fixed works or cadastral data relative to geodetic control.

• (h) Analysis, adjustment or transformation of cadastral data of the parcel layers with respect to the geodetic control layer within a geographic information system (GIS) resulting in the affirmation of positional accuracy.

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Proposed Rules Changes Highlights16.39.5.10 NMAC – Practice of Surveying

• (2) Activities excluded from the practice of surveying. A distinction must be made in the use of electronic systems between making or documenting original measurements in the creation of survey products, versus the copying, interpretation, or representation of those measurements in such systems. Further, a distinction must be made according to the intent, use, or purpose of measurement products in electronic systems to determine a definitive location versus the use of those products as a locational reference for planning, infrastructure management, and general information. The following items are not to be included as activities within the definition of the practice of surveying:

• (a) The creation of general maps:• (1) Prepared by private firms or government agencies for use as guides to motorists,

boaters, aviators, or pedestrians.• (2) Prepared for publication in a gazetteer or atlas as an educational tool or reference

publication.• (3) Prepared for or by education institutions for use in the curriculum of any course of

study.• (4) Produced by any electronic or print media firm as an illustrative guide to the

geographic location of any event.• (5) Prepared by laypersons for conversational or illustrative purposes. This includes

advertising material and user guides.

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Proposed Rules Changes Highlights16.39.5.10 NMAC – Practice of Surveying

• (b) The transcription of previously georeferenced data into a geographic information system (GIS) or land information systems (LIS) by manual or electronic means, and the maintenance thereof, provided the data are clearly not intended to indicate the authoritative location of property boundaries, the precise definition of the shape or contour of the earth, and/or the precise location of fixed works of humans.

• (c) The transcription of public record data, without modification except for graphical purposes, into a GIS- or LIS-based cadastre(tax maps and associated records) by manual or electronicmeans, and the maintenance of that cadastre, provided the data are clearly not intended to authoritatively represent property boundaries. This includes tax maps and zoning maps.

• (d) The preparation of any document by any federal government agency that does not define real property boundaries. This includes civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other such documents.

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Proposed Rules Changes Highlights16.39.5.10 NMAC – Practice of Surveying

• (e) The incorporation or use of documents or databases prepared by any federal agency into a Geographic information system (GIS)/ land information systems (LIS), including but not limited to federal census and demographic data, quadrangle topographic maps, and military maps.

• (f) Inventory maps and databases created by any organization, in either hard-copy or electronic form, of physical features, facilities, or infrastructure that are wholly contained within properties to which they have rights or for which they have management responsibility. The distribution of these maps and/or databases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, data sources and dates, and disclaimers of use clearly indicating that the data are not intended to be used as a survey product.

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Proposed Rules Changes Highlights16.39.5.10 NMAC – Practice of Surveying

• (g) Maps and databases depicting the distribution of natural resources or phenomena prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to document such data.

• (h) Maps and georeferenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute. This includes georeferenced data generated by law enforcement agencies involving crime statistics and criminal activities.

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PE Advisory: Use of Seal on Certain Federal Plans/Certifications

• Several federal programs and regulations (e.g. 40 CFR 112, 40 CFR 60.5360, 40 CFR 60.5360a) require the seal of a registered professional engineer for certain plans and/or certifications. In some cases, these regulations specify that the engineer needs to be registered in the state where the subject facility is located, while other regulations are less clear, or even state that the federal government does not have a position. Regardless of the federal regulation, if the practice of engineering is completed on a facility located within the geographic jurisdictional limits of the New Mexico Board of Licensure for Professional Engineers and Professional Surveyors, this document shall be sealed by a professional engineer duly licensed in the State of New Mexico. In addition, if a seal is not required on such a document, but the choice is made by the preparer to either seal the document or represent themselves as an engineer, that preparer must be a professional engineer duly licensed in the State of New Mexico, notwithstanding the allowances provided by NMSA 61-23-22.B.

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Questions from prior Ethics Roundtables

• What can NMBLPEPS do regarding registration/enforcement on sovereign Native American lands within New Mexico?

• NMBLPEPS has met with a surveying representative of the Navajo Nation. There is some interest by the Nation in NMBLPEPS involvement, but such an agreement would involve an intergovernmental cooperation agreement.

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Questions from prior Ethics Roundtables

• Does the Act regulate engineering being completed by unlicensed individuals on government labs when they connect to external publics works systems (e.g. wastewater). Similarly, where does the Act stand on public/private partnerships (where the labs essentially act as consultants)?

• Enforcement is not perfected where internal and external resources meet. Further consultation with the facilities will be required to determine where responsibilities can be managed. However, if a PPP is working in an area outside the lab boundary, the PPP is subject to the Act.

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Questions from prior Ethics Roundtables

• State employees have provided testimony at rules hearings as engineers although they were unlicensed.

• The Rule Hearing is a public meeting for anyone to attend and provide testimony, but presenting themselves as engineers without being licensed is a violation of the Act.

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INDUSTRIAL EXEMPTION

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61-23-22. ENGINEERING --EXEMPTIONS.

• B. An engineer employed by a business entity who performs only the engineering services involved in the operation of the business entity’s business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the business entity offers engineering services to the public. Performance of engineering on public works projects pursuant to Section 61-23-26 NMSA 1978 constitutes engineering services to the public and is not exempt.

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61-23-22. ENGINEERING --EXEMPTIONS.

• This exemption fails when:• Using a consulting firm for engineering or surveying, even

if only addressing issues within the business (e.g. “behind the fence”)

• Using a subcontractor for construction/alteration (CID)

• Required by other state agency• Water system improvements require review/approval by

NMED Drinking Water Bureau

• Utility permits require review/approval by NMDOT

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61-23-22. ENGINEERING --EXEMPTIONS.

• This exemption may fail when:• Offering implicit design services outside of the business

while interacting with the public

• Meter sizing, infrastructure improvements

• Extending far off site

• Pipeline within an easement on private property

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NCEES Topics on Ethics

"The great liability of the engineer compared to men of other professions is that his works are out in the open where all can see them.His acts, step by step, are in hard substance. He cannot bury his mistakes in the grave like the doctors.He cannot argue them into thin air or blame the judge like the lawyers.He cannot, like the architects, cover his failures with trees and vines.He cannot, like the politicians, screen his shortcomings by blaming his opponents and hope that the people will forget.The engineer simply cannot deny that he did it."

Herbert Hoover as quoted in Henry Petroski's To Engineer is Human