DonLeffingwellPE
Mechanical
- Apr 18, 2000
- 73
The following is from a newsletter from the State Registration<br>Board for PE's, LS's and Geologists:<br><br>The Term "Engineer"<br>and the Law<br>by Edward P. Becker, P.E., P.L.S.<br><br><br>The term "engineer" is very specific<br>within the context of Pennsylvania's<br>registration law. (Note: the board does<br>not write the law - the legislature<br>passes the law, and the board's func-<br>tion is to administer it.) The Registra-<br>tion Act states that it is illegal for any-<br>one who is not registered and licensed<br>in Pennsylvania as a professional engi-<br>neer to practice engineering or to repre-<br>sent him/herself to the public by his/<br>her advertisement, letterhead, business<br>card or by verbal claim as an "engineer".<br>For example, one who is selling a prod-<br>uct cannot use the title "sales engineer"<br>on a business card, or sign letters with<br>the title unless he/she is duly licensed<br>as described above. Further, one cannot<br>testify in court in Pennsylvania as an<br>"engineer" unless he/she is duly li-<br>censed. The Act makes provisions for<br>what is not considered the "practice of<br>engineering" such as teaching, indus-<br>try exemption, construction, research<br>etc. Nevertheless, in any of these excep-<br>tions an individual cannot represent<br>him/herself to the public as an "engi-<br>neer" unless he/she is also duly<br>licensed.<br>One notable question that the board is<br>often asked is whether an unlicensed<br>staff engineer of a consulting engineer-<br>ing firm can sign letters with a title such<br>as "project engineer" or "staff engineer"<br>- the answer is NO. One cannot por-<br>tray him/herself to the public with a job<br>title containing the word "engineer",<br>except for the title "Engineer-in-Train-<br>ing" provided the individual has an EIT<br>certificate. Likewise, if an unlicensed<br>person represents the firm as a liaison<br>at a public meeting, he/she is obligated<br>to inform those present that he/she is<br>not a licensed engineer and cannot an-<br>swer any questions of design or engi-<br>neering that may come up during the<br>course of the meeting. Both situations<br>have an unlicensed engineer as a liai-<br>son between the client and the respon-<br>sible licensed professional engineer in<br>charge of the work- the one required<br>by law to sign the letters, seal the plans<br>and respond to questions whose an-<br>swers require engineering judgment.<br>The law is equally interpreted in regard<br>to the terminology as it relates to land<br>surveyors and geologists in represent-<br>ing oneself to the public.<br>At its July meeting, the board voted to em-<br>brace Act 48 of the legislature (see article<br>on page 6) which will allow the Bureau of<br>Enforcement and Investigation (BEI) of-<br>fice of the Department of State to imple-<br>ment routine screenings statewide for<br>violations of this provision in Act 367. By<br>this action the board is not relinquishing<br>its responsibility to administer the law,<br>but rather delegating to BEI the handling<br>of routine complaints of unlicensed prac-<br>tice, thus freeing up the prosecuting<br>attorney's office to deal more efficiently<br>with the complex cases that come before<br>the board. It should streamline the inves-<br>tigative/adjudicative process, provide a<br>better vehicle for policing unlicensed prac-<br>tice, expedite citations and provide greater<br>protection to the public.