Standard of Professional Conduct

PURPOSE: This rule establishes a professional standard of conduct for licensed lead abatement workers, licensed lead abatement supervisors, licensed project designers, licensed lead inspectors, licensed risk assessors, licensed lead abatement contractors and training instructors and training managers of accredited lead training providers. (1) In performing lead-bearing substance activities, licensees shall act with reasonable care and competence in applying the technical knowledge and skill as required by sections 701.300 through 701.338, RSMo, and 19 CSR 30-70.600 through 19 CSR 3070.630 for the conduct of lead-bearing substance activities. (2) In performing lead-bearing substance activities and training, licensees and accredited entities shall be cognizant that their primary responsibility is to conduct these activities safely, reliably, and effectively to protect human health and the environment. This shall not be compromised by any self-interest of the client, licensee or accredited entity. (3) In performing lead-bearing substance activities and training, licensees and accredited entities shall not knowingly violate any local, state or federal laws. Licensees and accredited entities shall comply with state laws and regulations governing their practice. (4) In instances where a licensee’s or an accredited entity’s professional judgment is overruled to the extent that it may endanger the health or welfare of the public or the environment, they shall notify their employer or client, the Office of Lead Licensing and Accreditation (OLLA), and/or other authority, as may be appropriate. (5) Licensees and accredited entities shall not misrepresent or exaggerate the scope or the purpose for which they are licensed or accredited. (6) Professional Responsibility. (A) The licensee or accredited training provider shall, upon request or demand, produce to OLLA, or any of its representatives, any plan, document, book, record or copy thereof concerning a transaction covered by these regulations, and shall cooperate in the investigation of a complaint filed with OLLA. (B) A licensee shall not use the design, plans or work of another person without that person’s knowledge and consent. After consent, the licensee shall conduct a thorough review to the extent that he or she assumes full responsibility for the use of such design, plan or work of the other person. (7) Good Standing in Other Jurisdictions. (A) Persons licensed to design lead abatement projects, supervise lead abatement projects, conduct lead inspections and/or lead risk assessments, perform lead abatement work and training providers accredited to provide lead training in other jurisdictions shall be in good standing in every jurisdiction where licensed, certified, or accredited and shall not have had a license, certification or accreditation suspended, revoked or surrendered in connection with a disciplinary action. (B) Licensees and accredited lead training providers shall notify OLLA in writing no later than ten (10) days after the final disciplinary action taken by another jurisdiction against their license or certification to conduct lead-bearing substance activities or against their accreditation to provide lead training. AUTHORITY: sections 701.301, 701.312 and 701.314, RSMo Supp. 1998.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000. *Original authority: 701.301, RSMo 1998; 701.312, RSMo 1993, amended 1998; and 701.314, RSMo 1993, amended 1998.