Considerations Regarding the Registration of Professional Engineers

The US Constitution provides for regulation by the states for protecting the public's safety, health, and welfare. Hence, in the eyes of the law of all states today, this is the sole justification for registration of professional engineers. Wyoming was the first state to register professional engineers in 1907, to correct abuses of incompetent or fraudulent practices in surveying and real estate. Public safety and health are most directly affected by civil, electrical, and mechanical engineering. Other branches of engineering have a profound effect on the public welfare, including investors, and safety and health of employees. No arguments, pro or con, are valid except in relation to the registration laws of various states. Code of Ethics Few would argue the desirability of requiring conformance with a code of ethics. A major problem lies in enforcing compliance, since protecting the public demands a high standard of competence, yet assessing competence gets confused with restraint of trade. Bidding engineering work on price competition can lead to pressure to cut corners on engineering quality, and was therefore discouraged by codes of ethics. The Supreme Court, in a suit against the National Society of Professional Engineers (NSPE), barred any engineering society from such bidding restriction. It has, however, upheld the right of states to impose codes of acceptable practice as part of registration laws. For example, Texas Canon I reads, "The engineer's paramount professional responsibility should be the safety, health, and welfare of the general public." Anything less makes the code practically meaningless, but there are potential conflicts of interest in many engineering organizations. How can conflicts be handled? Any corporation could improve its public image by adopting a policy that each employed PE should, without fear of recrimination, record in writing over his seal any problem or flaw in any design that comes to his attention. The policy should further require that his superior provide him a written reply pointing out that the "flaw" is accepted as requiring correction or as a calculated risk, or overruled as erroneous or as a difference of opinion. Errors in calculation of judgment are inevitable. Despite this, there are limits to how much time and money should be spent to eliminate them. It is difficult, however, to see any excuse for failure to conscientiously evaluate the opinion of a PE. This may be an impossible ideal, but how else can the profession or the industry have credibility? The National Council of Engineering Examiners (NCEE) has a code of ethics one presumably subscribes to by signing an application to write a Principles and Practices examination. However, NCEE has none of the power of enforcement that is available through state boards of registration. Registration Qualifications Qualifications are set by the laws of the states. In general, they require passage of an eight-hour examination in fundamentals, preferably at graduation, and, later, one in principles and practices. The examinations are compiled and distributed by NCEE. This system provides for a high degree of uniformity and reciprocity. States set the education and experience levels (typically four years after graduation) required by those desiring to write the principles and practices examination. Examinations The principles and practices examination calls for answering eight of 20 equal weight questions; one on engineering economics, 19 on engineering. Economics may enter into engineering questions, but only provided the question is not answerable by an economist without engineering training. In preparing examinations, NCEE strives to use questions that require some judgment and can be more effectively answered by someone with four years experience beyond college. The aim is to assess entry-level professional