§ 3065. Professional Standards and Code of Professional Conduct -- Professional Geology and Pro...
16 CA ADC § 3065Barclays Official California Code of Regulations
16 CCR § 3065
§ 3065. Professional Standards and Code of Professional Conduct -- Professional Geology and Professional Geophysics.
To protect and safeguard the health, safety, welfare, property of the public, and California's environmental quality, every person who is licensed by the Board as a professional geologist or professional geophysicist, including licensees employed in any manner by a governmental entity or in private practice, shall comply with the professional standards in this section. A violation of any of the following professional standards shall constitute unprofessional conduct and shall be sufficient grounds for disciplinary action.
A licensee shall provide all geological and geophysical services in a manner consistent with applicable laws, codes, ordinances, rules, and regulations. A licensee may obtain and rely upon the knowledge and advice of other professionals (e.g., architects, attorneys, professional engineers, other professional geologists and geophysicists, land surveyors, and other qualified persons) concerning the intent and meaning of such laws, codes, and regulations.
(1) Licensed geologists or licensed geophysicists (together with those whom the licensee may engage as consultants) shall perform, or offer to perform, only those professional services for which they are qualified by education, training, experience, and licensure as required by law, in the specific technical and scientific areas involved.
(4) A licensee shall not misrepresent to a prospective or existing client the licensee's scope of responsibility in connection with those professional services for which the licensee is receiving or will receive compensation, whether directly or indirectly. Specifically, a licensee who represents that a project was completed under his or her responsible charge (i.e., stamped and/or signed) must also have maintained responsible charge of the work.
(3) If a licensee has any business association or financial interest which is substantial enough to influence his or her judgment in connection with the performance of professional services, the licensee shall fully disclose in writing to his or her client(s) or employer(s) the nature of the business association or financial interest. If the client(s) or employer(s) object(s) to such association or financial interest, the licensee shall either terminate such association or interest or offer to give up the project or employment.
(4) A licensee shall not solicit or accept payments, rebates, refunds, commissions, or compensation, whether in the form of money or otherwise from other professionals, contractors, suppliers of materials, systems, or equipment in return for specifying their products or professional services to a client or employer of the licensee.
(5) A licensee, while engaged by a governmental agency as an officer, employee, appointee, agent, or consultant of that agency shall not engage in a professional geological or geophysical business or activity that may be subject to that licensee's direct or indirect control, inspection, review, audit, or enforcement on behalf of that agency, unless the circumstances are disclosed to and approved by that agency in writing prior to such engagement.
As used in this section, “confidential information” includes all information specifically identified as confidential by the licensee's client, employer, representative, or other related entity. Confidential information obtained by a licensee in his or her professional capacity shall not be disclosed by the licensee without prior permission, except under the following specific conditions:
Credits
Note: Authority cited: Sections 7818 and 7860(c)(3), Business and Professions Code. Reference: Section 7860(c)(3), Business and Professions Code.
History
1. New section filed 9-27-99; operative 10-27-99 (Register 99, No. 40).
2. Editorial correction of subsection (b)(2) designator and subsection (c)(4) (Register 99, No. 45).
3. Amendment of section heading, section and Note filed 3-26-2008; operative 4-25-2008 (Register 2008, No. 13).
4. Editorial correction establishing correct subsection hierarchy and correcting typographical errors in subsections (c)(8) and (d)(3) (Register 2008, No. 18).
5. Editorial correction of subsection (d)(3) (Register 2008, No. 21).
6. Change without regulatory effect amending first paragraph and subsection (d)(1) filed 7-9-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 28).
7. Change without regulatory effect amending first paragraph filed 2-23-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 8).
8. Amendment of section heading and section filed 1-17-2014; operative 4-1-2014 (Register 2014, No. 3).
This database is current through 9/27/24 Register 2024, No. 39.
Cal. Admin. Code tit. 16, § 3065, 16 CA ADC § 3065
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