Biomedical Engineering Reference
In-Depth Information
It is further noted that as made clear in the Supreme Court decision:
1. Engineers and firms may individually refuse to bid for engineering services.
2. Clients are not required to seek bids for engineering services.
3. Federal, state, and local laws governing procedures to procure engineering services are not
affected, and remain in full force and effect.
4. State societies and local chapters are free to actively and aggressively seek legislation for
professional selection and negotiation procedures by public agencies.
5. State registration board rules of professional conduct, including rules prohibiting competitive
bidding for engineering services, are not affected and remain in full force and effect. State
registration boards with authority to adopt rules of professional conduct may adopt rules
governing procedures to obtain engineering services.
6. As noted by the Supreme Court, “nothing in the judgment prevents NSPE and its members
from attempting to influence governmental action .”
NOTE: In regard to the question of the application of the Code to corporations vis-à-vis real persons,
business form or type should not negate nor influence conformance of individuals to the Code. The
Code deals with professional services, which services must be performed by real persons. Real persons
in turn establish and implement policies within business structures. The Code is clearly written to apply
to the Engineer and items incumbent on members of NSPE to endeavor to live up to its provisions. This
applies to all pertinent sections of the Code.
