201 KAR 31:060. Code of professional conduct.
RELATES TO: KRS 322A.010, 322A.030(6),
322A.100
STATUTORY AUTHORITY: KRS 322A.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS
322A.030(6) requires the board to promulgate by administrative regulation a
code of professional conduct. KRS 322A.030(5) authorizes the board to
promulgate administrative regulations necessary to conduct its responsibilities
and duties. KRS 322A.100 authorizes the board to discipline a registered
professional geologist or geologist-in-training. This administrative regulation
establishes a code of professional conduct, which includes a list of grounds
for disciplinary action against a registered professional geologist or geologist-in-training.
Section 1. Public Trust and Welfare. (1)
The public practice of geology requires professional ethical conduct and
professional responsibility, as well as scientific knowledge on the part of the
registered professional geologist or geologist-in-training.
(2) A registered professional geologist
or geologist-in-training shall protect, to the fullest extent possible, the
public health and welfare, and public and private property, in carrying out the
public practice of geology.
Section 2. Integrity in Professional
Practice. (1) A registered professional geologist or geologist-in-training
shall be guided by the highest standards of ethics, honesty, integrity,
personal honor, fairness, and professional conduct when engaged in the public
practice of geology.
(2) A registered professional geologist
or geologist-in-training shall provide professional service only within his or
her scope of competency as determined by education, training, or experience in
the technical areas involved.
(3) A registered professional geologist
or geologist-in-training shall:
(a) Render professional services and
shall apply appropriate technical knowledge and skills consistent with the
standards of the profession;
(b) Distinguish between fact and opinion
in all estimates, descriptions, locations, and evaluations provided;
(c) Document all assumptions applied to
estimates, descriptions, locations, and evaluations; and
(d) Base his or her professional
conclusions upon empirical knowledge and commonly recognized geological principles.
(4) A registered professional geologist
or geologist-in-training shall not use, issue, or provide false, misleading, or
deceptive information.
(5) A registered professional geologist
shall sign and seal only professional work for which he or she has direct
professional knowledge for which he or she shall be responsible.
Section 3 Relationship of Registered
Professional Geologists and Geologist-In-Training to Employer or Client. (1) A
registered professional geologist and geologist-in-training shall provide adequate
and accurate representation of his or her credentials, qualifications, and
scope of responsibilities for all previous professional and academic experience
when negotiating with prospective employers or clients.
(2) A registered professional geologist
and geologist-in-training shall protect the interest of his or her employer or
client, and the confidentiality of information obtained from an employer or
client.
(3) It shall not be a violation of subsection
(2) of this section if a registered professional geologist or a
geologist-in-training reports in good faith an immediate or potential danger to
the health, safety, or welfare of the public to the appropriate federal, state,
or local authority.
(4) A registered professional geologist
or geologist-in-training shall avoid conflict of interest with an employer or
client and shall disclose the circumstances to the employer or client if a
conflict exists. A registered professional geologist or geologist-in-training
shall disclose to all parties:
(a) Any financial interest, compensation,
or other value made to any person for the purpose of securing a contract,
assignment, or engagement;
(b) Any financial or beneficial interest
the registered professional geologist or geologist-in-training has in any
contract or entity providing goods or services, other than services for the
public practice of geology, to a project or engagement;
(c) Any financial interest, compensation,
or other value from more than one (1) employer or client on the same or
substantially similar project; or
(d) Any financial interest, compensation,
or other value which affects the registered professional geologist's or
geologist-in-training's employment or client.
(5) A registered professional geologist
or geologist-in-training in the public practice of geology shall not engage in
fraud or material deception in the delivery of professional services, including
reimbursement or compensation.
(6) A registered professional geologist
or geologist-in-training shall give reasonable notice of withdrawal of service
from an employer or client except that the registered professional geologist or
geologist-in-training may withdraw without reasonable notice if:
(a) The registered professional geologist
or geologist-in-training fails to receive adequate compensation, or has
reasonable cause to believe that compensation for services performed will not
be received;
(b) The registered professional geologist
or geologist-in-training knows, or has reasonable cause to believe, that
continued employment will result in a violation of KRS Chapter 322A, 201 KAR
Chapter 31, or otherwise be in violation of local, state, or federal law;
(c) The registered professional geologist
or geologist-in-training knows, or has reasonable cause to believe, that the
employer or client is in violation of local, state, or federal law or is
involved in fraudulent or deceptive practices, or practices dangerous to the public
health and welfare or property; or
(d) The registered professional geologist
or geologist-in-training knows, or has reasonable cause to believe, that
continued employment may result in sickness or injury to the registered
professional geologist, geologist-in-training, or third-parties who may be
affected.
Section 4. Relationship of Professional
Geologists and Geologists-in-Training to Other Related Disciplines. (1) A
registered professional geologist or geologist-in-training shall:
(a) Give credit for work done by others
to whom credit is due;
(b) Not plagiarize oral and written
communications; and
(c) Not knowingly accept credit due
another.
(2) A registered professional geologist
or geologist-in-training shall engage, or advise an employer or client to
engage, other experts or specialists if in the best interests of the employer
or client.
(3) If a registered professional
geologist or geologist-in-training has knowledge or reasonable cause to believe
another person or geologist is in violation of any provision of KRS Chapter
322A or 201 KAR Chapter 31, the registered professional geologist or geologist-in-training
shall file an initiating complaint pursuant to 201 KAR 31:090.
(4) A registered professional geologist
shall provide adequate supervision and training to other registered
professional geologists or other geologists-in-training the registered
professional geologist is supervising, and make them aware of this code of
professional conduct.
Section 5. Grounds
for Disciplinary Action. (1) A registered professional geologist or geologist-in-training
shall not:
(a) Violate any provision of KRS Chapter
322A or 201 KAR Chapter 31 including this code of professional conduct;
(b) Issue a false, misleading, or
deceptive statement or information, or make a sensational, exaggerated, or
unwarranted statement while engaged in the public practice of geology;
(c) Defraud or deceive a client or employer
while engaged in the practice of geology;
(d) Fail to comply with an order issued
by the board;
(e) Fail to cooperate with the board by:
1. Unreasonably refusing to furnish a
document or other tangible evidence requested by the board;
2. Unreasonably refusing to furnish in
writing a complete explanation covering a matter contained in a complaint
against the registered professional geologist or geologist-in-training filed
with the board;
3. Not appearing before the board at a
time and place designated by the board during the investigation of a complaint
or hearing without good cause; or
4. Not properly responding to a subpoena
issued by the board.
(f) Aide or abet an unregistered person
or uncertified in the public practice of geology when registration or
certification is required;
(g) 1. Be convicted of:
a. A felony; or
b. A misdemeanor which may impact that
person’s ability to engage in the public practice of geology with reasonable
care and skill; and
2. A conviction shall include:
a. A finding or verdict of guilt;
b. An admission of guilt;
c. A plea of Alford or nolo contendere;
or
d. The suspension or deferral of a
sentence; or
(h) Engage in the public practice of
geology if the registered professional geologist or geologist-in-training may
be impaired by a reason of a mental, physical, or other condition that impedes
his or her ability to practice competently.
(2) A registered professional geologist
shall not:
(a) Fail to provide adequate supervision
to persons for whom the registered professional geologist is professionally
responsible; and
(b) Sign, seal, or stamp professional
geological work not prepared under his or her direct professional knowledge,
control or supervision. (23 Ky.R. 213; Am. 1583; eff. 9-13-96; 32
Ky.R. 941; 1223; eff. 2-3-2006; 39 Ky.R. 2391; 40 Ky.R. 537; eff. 10-4-2013.)
