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RE: Direct Supervision in Texas

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Rand:

Section 18(b) states:  

"This section does not prohibit a licensed engineer from performing engineering services on a part-time basis."

The last sentence of Section 131.18(9) states:

"Engineers providing direct supervision of engineering under the Texas Engineering Practice Act, 18(b), shall be personally present during such work."

Taken together, it seems to me that the intent is pretty clear:  

[Stan's Opinion]  Engineers performing services on a part-time basis must be present to supervise the work.  

Over the past two or three years, a large percentage (30-40%) of all enforcement actions have involved firms which practiced or offered to practice engineering without the firm being properly registered with TBPE.  In each of these cases, the summary paragraphs explicitly point to this violation.  The Perge case summary does not cite this issue. 

Sidebar:  Can we all agree that the firm registration requirements that now apply in most states are an unfortunate provincial tax?

Stan

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Rand Holtham wrote:

I think that the ruling may have (my opinion I don't know anything about the
particulars) been more related to the firm registration criteria. The section ref'd in Stan's post, the last line has to do with firm registration. Its on page 9 of the following link:

http://www.tbpe.state.tx.us/downloads/laws2001.pdf

The critical watching etc. I interpret as I stated before. So I don't think (with the context of section 18 (b) in mind) that the commentary means continuous supervision, it (as the reprimand stated) means "adequate direct supervision ".


HTH,
Rand

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