October 2014

ON ETHICS
Licensing Boards Approve Ethics Changes

The National Council of Examiners for Engineering and Surveying unanimously approved language to address unethical practice in the Model Rules of Professional Conduct during the council’s 2014 annual meeting in August.

The NCEES Law Enforcement Committee found that the Model Rules (240.15 B.4) bar disclosure of confidential information by professional engineers and licensed surveyors, absent the client’s consent, but didn’t specifically address a licensees’ use of the information. The committee recommended an addition to the rules to specify that a licensee is prohibited from using confidential information acquired through professional engagements or activities for personal profit without the explicit consent of the client or employer. The rule will not restrict a licensee’s use of general information that relates to engineering or surveying that is gathered through engagement with the client or employer. Examples of confidential information include proprietary business affairs or technical processes and specialized knowledge that relates to a particular situation or application.

The NSPE Code of Ethics compels engineers in the fulfillment of their professional duties to act for each employer or client as faithful agents or trustees. The Code’s Rules of Practice also call for engineers to not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve.