Code of Professional Conduct

PURPOSE: This rule establishes a professional code of conduct for architects, professional engineers, professional land surveyors, and professional landscape architects. (1) Definitions. (A) Board—The Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects. (B) Licensee—Any person licensed as an architect, professional engineer, professional land surveyor, or professional landscape architect under the provisions of Chapter 327, RSMo. (2) The Missouri Rules of Professional Conduct for Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects Preamble reads as follows: Pursuant to section 327.041.2, RSMo, the board adopts the following rules, referred to as the rules of professional conduct. These rules of professional conduct are binding for every licensee. Each person licensed pursuant to Chapter 327, RSMo, is required to be familiar with Chapter 327, RSMo, and the rules of the board. The rules of professional conduct will be enforced under the powers vested in the board. Any act or practice found to be in violation of these rules of professional conduct may be grounds for a complaint to be filed with the Administrative Hearing Commission. (3) In practicing architecture, professional engineering, professional land surveying, or professional landscape architecture, a licensee shall— (A) Act with reasonable care and competence and apply the technical knowledge and skill which are ordinarily applied by architects, professional engineers, professional land surveyors, or professional landscape architects of good standing, practicing in Missouri. In the performance of professional services, licensees hold their primary responsibility to the public welfare which should not be compromised by any self-interest of the client or the licensee. (B) Undertake to perform architectural, professional engineering, professional land surveying, and professional landscape architectural services only when they are qualified by education, training, and experience in the specific technical areas involved. (C) In the conduct of their practice, not knowingly violate any state or federal criminal law. (D) Comply with state laws and regulations governing their practice. In the performance of architectural, professional engineering, professional land surveying, or professional landscape architectural services within a municipality or political subdivision that is governed by laws, codes, and ordinances relating to the protection of life, health, property, and welfare of the public, a licensee shall not knowingly violate these laws, codes, and ordinances. (E) Recognize that their primary obligation is to protect the safety, health, property, or welfare of the public. If the professional judgment is overruled under circumstances where the safety, health, property, or welfare of the public are endangered, they are to notify their employer or client and other authority as may be appropriate. (F) Not assist non-licensees in the unlawful practice of architecture, professional engineering, professional land surveying, or professional landscape architecture. (G) Not assist in the application for licensure of a person known by the licensee to be unqualified in respect to education, training, experience, or other relevant factors. (H) Truthfully and accurately represent to others the extent of their education, training, experience, and professional qualifications and not misrepresent or exaggerate the scope of their responsibility in connection with prior employment or assignments. (I) Not accept compensation, financial or otherwise, from more than one (1) party, for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties. The disclosure and agreement shall be in writing. (J) Make full disclosure, suitably documented, to their employers or clients of potential conflicts of interest, or other circumstances which could influence or appear to influence their judgment on significant issues or the unbiased quality of their services. (K) Not offer, give, solicit, or receive, either directly or indirectly, any commission, contributions, or valuable gifts, in order to secure employment, gain an unfair advantage over other licensees, or influence the judgment of others in awarding contracts for either public or private projects. This provision is not intended to restrict in any manner the rights of licensees to participate in the political process; to provide reasonable entertainment and hospitality; or to pay a commission, percentage, or brokerage fee to a bona fide employee or bona fide established commercial or marketing agency retained by the licensee. (L) Not solicit or accept financial or other valuable consideration, either directly or indirectly, from contractors, suppliers, agents, or other parties in return for endorsing, recommending, or specifying their services or products in connection with work for employers or clients. (M) Not attempt to, directly or indirectly, injure the professional reputation, prospects of practice or employment of other licensees in a malicious or false manner, or both. (N) Not reveal confidential, proprietary, or privileged facts or data, or any other sensitive information obtained in a professional capacity without the prior consent of the client or employer except as authorized or required by law or rules of this board. (4) Licensees having knowledge of any alleged violation of this Code shall cooperate with the proper authorities in furnishing information or assistance as may be required. AUTHORITY: section 327.041, RSMo 2016.* This rule originally filed as 4 CSR 30-2.010. Original rule filed Dec. 10, 1975, effective Jan. 10, 1976. Rescinded: Filed May 23, 1978, effective Sept. 11, 1978. Readopted: Filed Nov. 1, 1990, effective April 29, 1991. Amended: Filed Feb. 26, 1992, effective Aug. 6, 1992. Amended: Filed Dec. 1, 2005, effective June 30, 2006. Moved to 20 CSR 20302.010, effective Aug. 28, 2006. Amended: Filed April 8, 2009, effective Sept. 30, 2009. Non-substantive change filed Oct. 21, 2015, published Dec. 31, 2015. Amended: Filed Sept. 29, 2015, effective March 30, 2016. Amended: Filed March 30, 2018, effective Sept. 30, 2018 *Original authority: 327.041, RSMo 1969, amended 1981, 1986, 1989, 1993, 1995, 1999, 2001, 2010, 2014.