201 KAR 31:060. Code of professional conduct

Link to law: http://www.lrc.ky.gov/kar/201/031/060.htm
Published: 2015

      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.)
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