Obligations to the Employer or Client

PURPOSE: This rule defines the expectations and requirements for practicing geology as a registered geologist or geologist-registrant in-training. (1) Registrants shall not use their professional skills or licensed status in furtherance of or participation in any unlawful activity. Registrants, in the conduct of their practice, shall not knowingly violate any criminal laws. (2) The registrant shall be accurate, truthful, and candid in all communications and shall not issue a false statement or false information which the registrant knows to be false or misleading, even though directed to do so by an employer, client or colleague. (3) A registrant shall not knowingly engage in false or deceptive advertising, make false, misleading, or deceptive representations or claims in regard to the profession of geology or which concerns their professional qualifications or abilities or those of others or the client. (4) A registrant shall disclose to a perspective employer or client the existence of any owned or controlled mineral or other interest which may, whether directly or indirectly, have a pertinent bearing on such employment. A registrant having or expecting to have a beneficial interest in a property on which the registrant reports shall state in the report the fact of the existence of such interest or expected interest. (5) A registrant shall protect, to the fullest possible extent, the interest of an employer or client so far as is consistent with the public health, safety and welfare and shall not use the resources of an employer or client for private gain, without prior knowledge and consent of the employer or client. (6) A registrant employed or retained by one (1) employer or client shall not accept, without that employer’s or client’s written consent, an engagement by another if the interests of the two (2) are in any manner conflicting. (7) A registrant shall not accept referral fees from any person to whom an employer or client is referred; however nothing herein shall prohibit a registrant from being compensated by the employer or client for consultation, or for other services actually performed. (8) A registrant shall not offer payment referral fees to any person who refers an employer or client to the registrant, however nothing herein shall prohibit a registrant from compensating the person giving the referral for consultation, or other services actually performed. (9) A registrant shall not use, directly or indirectly, any confidential information obtained from or in the course of performing services for an employer or client in any way which is adverse or detrimental to the interests of the employer or client, except with the prior consent of the employer or client or when disclosure is required by law. (10) A registrant who has made an investigation for an employer or client shall not seek to profit economically from the information gained without written permission of employer or client, unless it is clear that there can no longer be a conflict of interest with the original employer or client. (11) A registrant shall engage, or advise an employer or client to engage, and cooperate with other experts and specialists whenever it is in the best interest of the employer or client. (12) A registrant shall provide services to an employer or client in a diligent and timely manner. AUTHORITY: section 256.462.6, RSMo 2000.* This rule originally filed as 4 CSR 145-4.030. Emergency rule filed June 29, 1995, effective July 9, 1995, expired Nov. 5, 1995. Original rule filed Sept. 28, 1995, effective May 30, 1996. Moved to 20 CSR 2145-4.030, effective Aug. 28, 2006. Amended: Filed Nov. 7, 2007, effective May 30, 2008. *Original authority: 256.462, RSMo 1994.