Texas Board of Professional Engineers

Texas Board of Professional Engineers Professional Practice Update / Ethics March, David Howell, P.E. Director of Licensing Texas Board of Professional Engineers

Agenda What s New at the Board Rule Changes/Reminders Compliance and Enforcement Stats Enforcement Examples 3/11/ Texas Board of Professional Engineers 2

Board Organization & Responsibilities 9 members appointed by the governor; 6 PEs, 3 public members Approve rules Approve issuance of licenses and firm registrations, and testing Approve compliance actions Provide direction and oversight to Board staff through the Executive Director 3/11/ Texas Board of Professional Engineers 3

What s New Chairman July, 2008 G. Kemble Bennett, Ph.D., P.E. Vice Chancellor and Dean of Engineering, Texas A&M 3/11/ Texas Board of Professional Engineers 4

Agency Organization & Responsibilities Executive Director: Ms. Dale Beebe Farrow, P.E. Review and process all licensing applications Coordinate FE and PE Exams (~6400 in 09) Investigate all enforcement cases (~750 / yr) Administer Licenses for 52,900 PE s Administer Registrations for 7,000 Firms 3/11/ Texas Board of Professional Engineers 5

Legislative update HB 2649 passed Exemptions of exemptions for windstorm certifications and slabs in high plasticity soil Required use of building code in rural areas Fire engine drivers can use the term engineer PEs don t need other certifications 3/11/ Texas Board of Professional Engineers 6

Self Directed Semi Independent (SDSI) status extended to 2013 TBPE is one of 3 state agencies in Texas We get no Legislative Appropriations We are completely self funded Contribute ~ $ 7 million thru the $200 professional fee to General Revenue Allows flexibility to focus on customer service and regulatory issues 3/11/ Texas Board of Professional Engineers 7

Adopted Board Rules Substantive Rule Packages (2009): What is a new application Delinquent CS or Student Loans CEP documentation for reactivation 3/11/ Texas Board of Professional Engineers 8

Adopted Board Rules Substantive Rule Packages (2009): PDH for K-12 or higher education outreach NCEES Council Record for inter-state licensure Revision of international licensure rules Release of case documents 3/11/ Texas Board of Professional Engineers 9

Adopted Board Rules Electronic Seal and Signature Electronic Signatures Now Allowed Waiver - Former Texas License Holder Experience Before Degree Limited to 2 years Firm number and title block to be included on design work 3/11/ Texas Board of Professional Engineers 10

Proposed Board Rules Exam duration 8 Hour exams Reference Statements Electronic Submittal Temporary License Clarifying intent of 3 year limit Firm registration surrender 3/11/ Texas Board of Professional Engineers 11

New International Licensure Agreement TBPE signs agreement with Engineers Australia on September 24, 2008 Temporary license renewable for 3 yrs Requires 7 yrs of experience - 3 of which are post licensure Must be a citizen of Australia Proposing redesign of licensure agreement with Canada to match 3/11/ Texas Board of Professional Engineers 12

New Government Advisory Committee formed Improve communication with gov t agencies / organizations and the Board Advisory in nature Examples: TxDOT TCEQ Cities / Counties School Districts 3/11/ Texas Board of Professional Engineers 13

Architects JAC formed by Texas Legislature Architect Board took Action against PEs TSPE filed suit against TBAE Lawsuits/Enforcement cases pending JAC meeting scheduled 3/11/ Texas Board of Professional Engineers 14

More Board Updates Broadcasting of Board Meetings Exam Irregularity Investigations ECHO System Online Transactions are FREE Renewals (PE / Firm) Personal Info Updates CEP Log 3/11/ Texas Board of Professional Engineers 15

Update on NCEES Southern Zone elects Govind Nadkarni, P.E. (TX) as zone Vice President Software Engineering PE exam BS + 30 / MOE debate ongoing Computer Based Testing Task Force New 16 hr Structural PE Exam 3/11/ Texas Board of Professional Engineers 16

2009 Exams FE Exam April 2313 Takers - 61.4% Pass October PE Exam April 2029 Takers - 56.7% Pass 837 Takers - 55.6% Pass October 1257 Takers - 57.5% Pass 3/11/ Texas Board of Professional Engineers 17

Software Engineering Initiative Emerging Technology New Field of Engineering ABET Programs - UTA, UTD No PE Exam Licensing Exam Consortium NSPE, IEEE, NCEES, Other States NCEES required 10 states for exam development Exam development initiated by NCEES Exam team selections 3/11/ Texas Board of Professional Engineers 18

BS+30 History Started with ASCE Position Statement 465 Evaluated Body of Knowledge Bachelors degree used to be 150 hours Do engineers of the future need more education beyond a bachelors degree? 2001 NCEES task force looks into it 2002 Licensing Qualifications Oversight Group makes recommendation to add more hours 2006 Member Boards agree to model law 2008 Member Boards change start date to 2020 3/11/ Texas Board of Professional Engineers 19

Other BS+ 30 updates Hours in a BS program beyond 120 hours will not count toward the 30 hours Nebraska Legislature was first to consider BS+30 and shot it down Now calling BS+30, Masters or Equivalent NCEES task force must assess why it s needed and look at implementation issues TBPE Board members are split 3/11/ Texas Board of Professional Engineers 20

Computer Based Testing Computer Based Testing Task Force Lance Kinney, P.E., Interim ED TF got proposals from testing vendors Start with the FE exam Will be making recommendations to proceed at SZ and National NCEES meetings this year 3/11/ Texas Board of Professional Engineers 21

Structural Engineering Task Force January 21, New 16 hr Structural Exam SEoT, ASCE, TSPE, TCEC Distinct S.E. designation Legislative changes would be required Grandfathering 3/11/ Texas Board of Professional Engineers 22

Reminders Continuing Education Audits Ongoing Keep Documentation Be prepared to substantiate your 15 hours Enforcement Cases Suggested Sanction: $2,500 3/11/ Texas Board of Professional Engineers 23

Reminders Criminal Convictions All New Licensees Required to Report on Renewal Board will Review Incidents Severity Recidivism Relevant to Engineering Other Factors 3/11/ Texas Board of Professional Engineers 24

Reminders Areas of Competency PE can only practice in areas where competent Branch listed on website Listing does not restrict practice Verify current listing Education / Exam / Experience 3/11/ Texas Board of Professional Engineers 25

C&E Statistics FYs 2007-2008 1519 Cases Opened 759 Opened by Staff 763 Opened at Request of Public 1522 Cases Closed 923 Voluntary Compliance 114 Disciplinary Actions 175 Dismissed / No Violation 3/11/ Texas Board of Professional Engineers 26

C&E Statistics FYs 2007-2008 Cases Opened 515 - Unlicensed Practice 313 - Corporate Name 170 - Cases against PE s (Disciplinary Cases) 54 - Illegal Use of Title 3/11/ Texas Board of Professional Engineers 27

Engineering Ethics Case Files CONFIDENTIAL 3/11/ Texas Board of Professional Engineers 28

From the Case Files Based on TBPE Enforcement Cases 2006-2008 Names and Situations Changed All in Newsletter / on Website Focus on Ethical / Practice Issues 3/11/ Texas Board of Professional Engineers 29

From the Case Files Good News: No Major Design Failures What This Means: Technical Competency Process Works 3/11/ Texas Board of Professional Engineers 30

From the Case Files Not So Good News: Ethical Violations Administrative Violations What This Means: Revisit Ethical Obligations Familiarity with Rules Monitoring Practice 3/11/ Texas Board of Professional Engineers 31

From the Case Files Scenarios Focus on Violations of the Act/Rules Emphasis on Ethical Component Case-by-Case Basis Broad View of Cases Don t Focus on Sanctions 3/11/ Texas Board of Professional Engineers 32

From the Case Files Galveston, TX Roofing / Re-Roofing Projects Windstorm Certification WPI-2 Forms Submitted to TDI Did Not Comply with Code Engineer must meet all applicable codes 3/11/ Texas Board of Professional Engineers 33

From the Case Files Related Violations: Protection of Health, Safety, Welfare Misleading (Deceitful, Fraudulent) Incompetence or Gross Negligence Contrary to Generally Accepted Eng. Standards / Procedures Honest and Ethical Professional Activities Sanction: $2,000 / 2-yr Probated Suspension / Ethics Course 3/11/ Texas Board of Professional Engineers 34

From the Case Files Houston, TX Fire Sprinkler Design Elementary School Didn t Meeting Fire Codes Missing Items on Design Blanket Reference to General Codes TBPE Used Technical Experts to Evaluate State Fire Marshall s Office Sanction: $1,590 and Formal Reprimand 3/11/ Texas Board of Professional Engineers 35

From the Case Files PE is responsible for following codes. PE is responsible for knowing which codes apply: Building Code Fire Codes Electrical Codes Local Codes / Ordinances State Codes / Regulations Federal Codes / Regulations Governmental Advisory Committee 3/11/ Texas Board of Professional Engineers 36

From the Case Files Galveston, TX Similar to 1 st Case (TDI Windstorm) Not Registered Firm TDI request for documentation Didn t Respond TDI Revoked Qualified Inspector Reported to TBPE Didn t Respond to TBPE TBPE Added Charge Failure to Answer Inquiries and Cooperate with Investigation 3/11/ Texas Board of Professional Engineers 37

From the Case Files Original Consent Order: $3,750 Didn t Respond to Board Sent to State Office of Administrative Hearings (SOAH) Did Not Appear Default Order: 2 yr Suspension / $8,100 Didn t Pay Sent to AG Office Lien Put on Property / House 3/11/ Texas Board of Professional Engineers 38

From the Case Files Big Spring, TX Design for Shopping Center PE Seals Structural, Electrical, Plumbing Design Sheets Licensed in Mechanical Engineering TBPE Inquired about Competency Experience as Aerospace Engineer Learned building design from books and acquaintances. 3/11/ Texas Board of Professional Engineers 39

From the Case Files TBPE Requested Other Designs Used Technical Experts to Evaluate Determined Not Competent to Practice in Structural, Electrical, or Plumbing Sanctions: $5,720 4 yr Probated Suspension 9 Credit Hours of College Courses in Concrete and Foundation Design Cease and Desist from Electrical and Plumbing Design 3/11/ Texas Board of Professional Engineers 40

From the Case Files Practice Only in Area of Competency PE License does not allow you to do whatever you want. Competency is Demonstrated by: Additional Formal Education Additional Engineering Practice Under PE / NCEES Examination Competency is NOT Demonstrated by: Reading it on the Internet Staying in a Holiday Inn Express Reading about something in a book Asking a friend 3/11/ Texas Board of Professional Engineers 41

From the Case Files Grand Prairie, TX Design for a Medical Clinic PE Sealed Mechanical, Electrical, and Structural Design Sheets Title Block: ABC Architectural Services IBC Violations in Construction PE Didn t Work for Architectural Firm PE Didn t Include Firm Name/Number TBPE Investigated: Codes & Firm Reg. 3/11/ Texas Board of Professional Engineers 42

From the Case Files TBPE Contacted PE PE Story #1: Did Designs and Sent to Architect Didn t Sign / Seal Designs PE Story #2: Did NOT Do Design Work Signed / Sealed Designs as a favor to get them permitted 3/11/ Texas Board of Professional Engineers 43

From the Case Files Plan Stamping Signing / Sealing Work Not Performed by PE or Under Direct Supervision Sanction: $3,995 2 yr Probated Suspension 40 hr Ethics Course 3/11/ Texas Board of Professional Engineers 44

From the Case Files Austin, TX Two Landfill Permits Filled Out Incorrectly Text Copied from Other Permit Applications For Different Sites By Different Engineers Plagiarism 3/11/ Texas Board of Professional Engineers 45

From the Case Files Misleading / Fraudulent Not Supported by Modeling / Calculations Failed to Meet Codes Did Not Consider Environmental Impact Endangered Public Health & Safety Sanction: $8,500 3 yr Probated Suspension Corrective Action Plan Engineering Ethics Course 3/11/ Texas Board of Professional Engineers 46

From the Case Files Everywhere, TX PE Doesn t Renew On Time PE Continues to Sign & Seal Designs Violation: Practicing on an Expired License 1 yr Probated Suspension / $500.00 Pay attention to Renewals Look Up PE s on Website Your Own Staff Subcontractors Other PE s 3/11/ Texas Board of Professional Engineers 47

From the Case Files Everywhere, TX Design Submitted to City for Review Problems w/design, PE Contacted PE Didn t Perform Design Seal Was Fraudulently Applied Failure to Protect Your Seal External Theft Internal Usage Blanket Authorization Network Files 3/11/ Texas Board of Professional Engineers 48

From the Case Files Houston, TX Report Prepared, Signed & Sealed by PE Another Report Prepared, Signed & Sealed by Same PE PE Numbers Don t Match Certificate on Wall Doesn t Match Seal #1 or #2 In Fact, PE isn t a PE at all!!! Unlicensed Practice Sanction Cease & Desist / $4,950 3/11/ Texas Board of Professional Engineers 49

Contact TBPE 1917 IH-35 South Austin, TX 78741 Phone: 512-440-3054 FAX: 512-440-0417 Web: http://www.tbpe.state.tx.us email: David.Howell@tbpe.state.tx.us 3/11/ Texas Board of Professional Engineers 50