DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
PROFESSIONAL ENGINEERS – GENERAL RULES
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the board of professional engineers by section 308 of the occupational code, 1980 PA 299, MCL 339.308; and on the director of the department of licensing and regulatory affairs by sections 205 and 2009 of the occupational code, 1980 PA 299, MCL 339.205 and 339.2009; and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 339.16001, R 339.16021, R 339.16022, R 339.16025, R 339.16026, R 339.16031, R 339.16032, R 339.16040, and R 339.16041 of the Michigan Administrative Code are amended, as follows:
PART 1. GENERAL PROVISIONS
R 339.16001 Definitions.
Rule 1. (1) As used in these rules:
(a) “Act” means the occupational
code, 1980 PA 299, MCL 339.101 to 339.2677.
(b) (a) “Board” means the Michigan
board of professional engineers created under section 2002 of the act, code, MCL 339.2002.
(b) “Code” means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.
(c) “Continuing education” means an instructional course or activity designed to bring licensees up to date on a particular area of knowledge or skills relevant to a licensee’s area of professional practice.
(d) “Course” means any qualifying
activity with a clear purpose and objective goal that will maintain,
keep,
improve,
or expand the skills and knowledge relevant to the licensee’s area of
professional practice.
(e) “Department”
means the Michigan department of licensing and regulatory affairs.
(2) Terms A term defined in the act
have code
has the
same meanings meaning
when
used in these rules.
PART 2. LICENSURE
R 339.16021 Educational requirement.
Rule 21. An
applicant for
licensure shall
submit provide
to
the department 1 of the following to satisfy the educational requirement under
the act: code:
(a) Transcripts verifying that he
or she the
applicant received
a baccalaureate degree or higher degree in engineering from a program
accredited by the Engineering Accreditation Commission of the Accreditation
Board for Engineering and Technology, Inc. (EAC/ABET) or the Canadian
Engineering Accreditation Board (CEAB).
(b) Transcripts verifying that he
or she the
applicant received
a master’s degree or doctorate in engineering from a school and program with an
EAC/ABET-accredited or a CEAB-accredited baccalaureate degree program that is
in the same engineering discipline as his or her the applicant’s master's degree or
doctorate.
(i) The applicant for licensure received either of the following:
(A) A baccalaureate degree in engineering from a non-United States-based program.
(B) A master’s degree or doctorate in engineering from a non-EAC/ABET-accredited program.
(ii) The applicant for licensure completed not less than 32 college semester credit hours in the areas of mathematics and basic science.
(iii) The applicant for licensure completed not less than 48 college semester credit hours in engineering science or engineering design courses that satisfy the course requirements established under the NCEES Engineering Education Standard.
(d) A credentials
evaluation that verifies he or she the applicant received a
baccalaureate degree in engineering from an educational program that is
substantially equivalent to an EAC/ABET-accredited baccalaureate degree program in
engineering. The credentials evaluation must be generated by a company that is
a current member of the National Association of Credential Evaluation Services
(NACES).
R 339.16022 Professional engineering experience; credit for work experience; credit for
educational experience.
Rule 22. (1) Pursuant to Under section 2004(2)(a)
of the act, code,
MCL
339.2004(2)(a), an applicant for professional engineer licensure shall document at
least 8 years of professional experience in engineering work, including not
more than 5 years of education granted under subrule (4) of this rule. An
applicant shall satisfy the requirements of this rule to receive credit for
professional experience.
(2) An applicant for licensure shall submit
provide
either
of the following to the department to receive credit for professional
experience in engineering work:
(a) Proof acceptable to the
department verifying that he or she the applicant has obtained not
less than 4 years of experience practicing as a licensed or registered
professional engineer in another state.
(b) All of the following:
(i) The dates of performing engineering work that qualifies as professional experience under subrule (3) of this rule.
(ii) The supervising individual’s name and license or registration number and the state in which the supervising individual is licensed or registered as a professional engineer.
(iii) Documentation from the supervising individual attesting to the work experience, dates of work, and supervision.
(3) Engineering work that satisfies all
of the following requirements qualifies as professional experience:
(a) The work involves the use of engineering principles and data.
(b) The work is in the form of consultation, investigation, evaluation, planning, design, or review of materials or completed phases of work in the construction, alteration, or repair in connection with a public or private utility, structure, building, machine, equipment, process, work, or project.
(c) The work is performed while under
the direction of a professional engineer licensed in Michigan this state or licensed or
registered in another state.
(4) The department shall grant not more
than 5 years of professional experience credit to an applicant holding a degree
that satisfies the requirements under R 339.16021. Credit shall be is limited to the
following amounts:
(a) Not more than 4 years of
professional experience for a baccalaureate degree in engineering. Experience shall
be is
granted
for only 1 baccalaureate degree.
(b) Not more than 1 year of
professional experience for a post-baccalaureate degree in engineering.
Experience shall be is granted for only 1 post-baccalaureate
degree.
R 339.16025 Relicensure requirements.
Rule 25. (1) An applicant whose
license has lapsed for less than 3 years after the expiration date of the last
license may be relicensed under section 411(3) of the act, code, MCL 339.411(3),
by satisfying all of the following requirements:
(a) Submitting Providing a completed
application on a form provided by the department.
(b) Paying the required fee to the department.
(c) Submitting Providing proof to the
department verifying that he or she the applicant has completed 15
hours of continuing education in activities approved under R 339.16041 during
the 12 months immediately preceding the date of filing the relicensure
application. If the department determines that the amount of continuing
education hours submitted provided with the application is deficient,
the applicant has 1 year from the date of filing the application to provide
proof of completing the deficient hours.
(2) An applicant whose license has
lapsed for 3 years or more after the expiration date of the last license may be
relicensed under section 411(4) of the act, code, MCL 339.411(4),
by satisfying all of the following requirements:
(a) Submitting Providing a completed
application on a form provided by the department.
(b) Paying the required fee to the department.
(c) Establishing that he or she
the
applicant has
met all of the requirements for initial licensure under the act code and these rules.
(d) Submitting Providing proof to the
department verifying that he or she the applicant has completed 30
hours of continuing education in activities approved under R 339.16041 during
the 24 months immediately preceding the date of filing the relicensure
application. If the department determines that the amount of continuing
education hours submitted provided with the
application is deficient, the applicant has 1 year from the date of filing the
application to provide proof of completing the deficient hours.
R 339.16026 Examination requirements.
Rule 26. An applicant for professional
engineer licensure shall
submit provide
to
the department both of the following to satisfy the examination requirements
under the act: code:
(a) Verification that he or she
the
applicant achieved
a passing score as determined by NCEES on either of the following examinations:
(i) The NCEES Principals and Practice of Engineering examination.
(ii) Both components of the NCEES Structural Engineering examination, known as SE-I and SE-II.
(b) Verification of either of the following:
(i) He or she The applicant achieved a passing
score as determined by NCEES on the NCEES Fundamentals of Engineering
examination.
(ii) He or she The applicant received a
doctorate in engineering from a school and program with an EAC/ABET-accredited
or a CEAB-accredited baccalaureate degree program that is in the same
engineering discipline as his or her the applicant’s doctorate in engineering.
PART 3. STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT
R 339.16031 Professional conduct; requirements; restrictions.
Rule 31. (1) A licensee shall comply
with follow
all
of the rules of conduct under this part.
(2) A licensee shall do all of
the following:
(a) If he or she the licensee is the person in
responsible charge, he or she the licensee shall notify his
or her the
licensee’s employer
or client, and any other appropriate authority when his or her the licensee’s judgment is
overruled under circumstances that endanger life or property.
(b) If he or she the licensee is not the person
in responsible charge, he or she the licensee shall notify the
person in responsible charge when his or her the licensee’s judgment is
overruled under circumstances that endanger life or property.
(c) Participate in phases of a
project in which he or she the licensee is competent.
(d) Undertake assignments in which he
or she the
licensee is
qualified by education or experience in the specific technical field involved.
(e) Complete, sign, seal, or approve engineering documents that conform with the law and applicable professional standards.
(f) Be objective and truthful in professional reports, statements, or testimony and include all relevant and pertinent information in these reports, statements, or testimony.
(g) Disclose to an employer, client,
or public body on which he or she the licensee serves all known
or potential conflicts of interest that could influence or appear to influence his
or her the
licensee’s judgment
or the quality of his or her the licensee’s services.
(3) A licensee shall not do any of the following:
(a) Disclose confidential information obtained in a professional capacity without the prior consent of the client or employer, unless authorized or required by law or these rules.
(b) Partner, practice, or offer to
practice with any person or firm or assist any person or firm that he or she
the
licensee knows
is engaged in fraudulent or dishonest business or professional practices or the
unlawful practice of professional engineering.
(c) Falsify his or her the licensee’s qualifications or
the qualifications of his or her the licensee’s associates or
permit misrepresentations of his or her the licensee’s qualifications or
the qualifications of his or her the licensee’s associates.
(d) Misrepresent or exaggerate his
or her the
licensee’s experience
or qualifications.
(e) Knowingly make statements containing a material misrepresentation of fact or omitting a material fact or knowingly make statements that deceive the public.
(f) Attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensed professional engineers.
(g) Give or offer to give, directly or indirectly, to a client, potential client, the agent of a client, or the agent of a potential client, a commission, contribution, gift, or other valuable consideration to secure or retain engineering work. This restriction does not include payments to an employment agency for securing employment or employees for salaried positions.
(h) Solicit or accept a compensation, contribution, gift, or other valuable consideration, directly or indirectly, from more than 1 party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.
(i) Solicit or accept a commission,
contribution, gift, or other valuable consideration, directly or indirectly,
from other parties dealing with his or her the licensee’s clients or
employers, or from outside agents who have no dealings with his or her the licensee’s client or employer,
in connection with the work for which he or she the licensee is responsible,
unless the circumstances are fully disclosed and agreed to by all interested
parties.
(j) Solicit or accept a commission,
contribution, gift, or other valuable consideration, directly or indirectly, under
circumstances in which when his or her the licensee’s judgment may be
compromised.
(k) Complete, sign, seal, or approve engineering documents that do not conform with the law or applicable professional standards.
(4) Work for which the licensee is
responsible, the procedures followed, and the decisions made by persons individuals under the
licensee's supervision must be subject to sustained review and approval by the
licensee.
R 339.16032 Professional engineer seal.
Rule 32. (1) Effective 2 years after
the promulgation of this rule, the seal of a professional engineer must include
the licensee’s full name and full license number, as shown on his
or her the
licensee’s state-issued
professional engineer license, and indicate “State of Michigan” and
“Licensed Professional Engineer” in the legend surrounding the seal. The seal
must have a design substantially similar equivalent to figure 32
below.
(2) A licensee's seal shall be used by
the licensee whose name appears on the seal for as long as the license remains
is in effect. A
licensee is responsible for the security of his or her the licensee’s seal.
FIGURE 32
PART 4. LICENSE RENEWAL AND CONTINUING EDUCATION
R 339.16040 Continuing education required for renewal; certification of compliance;
document retention; continuing education waiver.
Rule 40. (1) An applicant for license renewal who has been licensed during the 2-year period immediately preceding the expiration date of the license shall obtain not less than 30 hours of continuing education in activities approved under R 339.16041 during the 2-year period immediately preceding the expiration date of the license. Of the 30 hours, at least 2 hours of continuing education must be earned in ethics, as it relates to professional engineering.
(2) Submission of an application for renewal constitutes the applicant’s certification of compliance with this rule and R 339.16041.
(3) A licensee shall retain keep documentation of
satisfying the requirements of this rule and R 339.16041 for a period of 4
years from the date of filing the application for license renewal.
(4) A licensee is subject to audit
under this part and may be required have to submit provide documentation as
described by R 339.16041 upon request of the department.
(5) A request for a continuing
education waiver pursuant to under section 204(2) of the act, code, MCL 339.204(2),
must be received by the department before the expiration date of the license.
R 339.16041 Acceptable continuing education; limitations.
Rule 41. (1) The department shall grant credit for in-person or online continuing education hours that satisfy the requirements in the following chart:
Activity Code |
Activity and Proof Required |
Number of Continuing Education Hours Granted for Activity |
(a) |
Completing a continuing education program or activity related to professional engineering that is approved or offered for continuing education credit by any of the following:
· Another state’s board of engineers. · A professional engineering association, organization, or society. · NCEES. · ABET.
If audited, a licensee shall |
The number of continuing education hours approved by the approving entity are granted for this activity. |
(b) |
Passing an academic course related to professional engineering offered by a college or university that offers a baccalaureate degree or higher degree in an engineering program that is accredited by EAC/ABET or CEAB.
If audited, a licensee shall |
Fifteen continuing education hours are granted for each semester credit or 10 continuing education hours are granted for each quarter credit.
|
(c) |
Attending a seminar, in-house course, workshop, or professional or technical presentation related to professional engineering.
If audited, the licensee shall |
One continuing education hour is granted for every 50 minutes attending the activity. |
(d) |
Teaching, instructing, or presenting a subject related to professional engineering.
If audited, a license shall |
Two continuing education hours are granted for every 50 minutes of teaching, instruction or presenting.
A maximum of 12 continuing education hours are granted for this activity during each renewal period. |
(e) |
Publication of a peer-reviewed paper, article, or book related to professional engineering.
If audited, the licensee shall |
Six continuing education hours are granted for this activity.
Credit is not granted for multiple publications of the same peer-review paper, article, or book.
A maximum of 18 continuing education hours are granted for this activity during each renewal period. |
(f) |
Serving as a voting member on a state or
national committee, board, council, or association related to professional
engineering. To receive credit, a licensee must
If audited, a licensee shall |
Three continuing education hours are granted for the year in which the licensee serves as a member.
A maximum of 6 continuing education hours are granted for this activity during each renewal period. |
(g) |
Attending a Michigan board of professional engineers meeting. To receive credit, the licensee shall obtain a form provided by the department from a department employee present at the meeting and have that employee complete, sign, and date the form. The licensee shall present a valid government-issued photo identification to the department employee for verification.
If audited, the licensee shall |
One continuing education hour is granted for each meeting attended.
A maximum of 6 continuing education |
(h) |
Serving as a school-sponsored mentor to an engineering student in a school-sponsored program. To receive credit, this activity must not be part of the licensee’s regular job description.
If audited, the licensee shall |
Four continuing education hours are granted for this activity.
A maximum of 8 continuing education hours are granted for this activity during each renewal period. |
(i) |
Participating in a company-sponsored or hosted seminar or training that is designed to enhance professional development in the licensee’s area of professional practice.
If audited, a licensee shall |
One continuing education hour is granted for every 50 minutes of the seminar or training.
|
(j) |
Studying an article related to professional engineering published in a peer-reviewed journal or professional or scientific journal that expands the licensee’s knowledge of the professional engineering field.
If audited, a licensee shall provide the title and author of the article, publication name of the peer-reviewed journal or professional or scientific journal, and date, volume, and issue of publication, as applicable, as well as date read. |
Two continuing education hours are granted for each article studied.
A maximum of 4 continuing education hours are granted for this activity during each renewal period. |
(k) |
Obtaining a patent related to professional engineering.
If audited, a licensee shall provide a copy of the patent grant letters showing the licensee as the author of the patent and the date in which the patent was issued. |
Ten continuing education hours are granted for each patent.
A maximum of 20 continuing education hours are granted for this activity during each renewal period. |
(3) Not more than 12 continuing
education hours shall may be earned during a 24-hour period.