Independent "Engineers" Must be Licensed

Submitted by johnlogic on Fri, 07/03/2009 - 6:25am.
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Yesterday, I received a call from a friend seeking help with computers.

With her was someone she had hired to help, who claimed to be a Microsoft Certified Systems Engineer, or MCSE. I quickly learned that this person was apparently completely unaware that it is possible to create a peer-to-peer ("ad hoc") network connection using wireless Ethernet (IEEE 801.11) interfaces.

This reminded me of two things:

  1. Many professionals I know (myself included) hold the MCSE in low regard, joking that it stands for "must consult someone experienced". (In this case, "educated" might be a better fit.)
  2. Independent contractors in Texas may not represent themselves as any form of engineer unless they are licensed professional engineers.

As for the second: only a person licensed under the Texas Engineering Practice Act (Texas Occupations Code, Title 6, Subtitle A, Chapter 1001) may "offer to the public to perform engineering services" and engage in the practice of engineering, be represented in any way as any kind of "engineer", or make any professional use of the term "engineer".

As more people are displaced by layoffs and some "hang out their shingles", it's important to keep this in mind.

- John

Submitted by matt on Fri, 07/03/2009 - 7:57am.

Good thought, John. When I was at Motorola early on, we weren't allowed to list "Engineer" on our business cards unless we were licensed professional engineers. Personally I think the TEPA is wrong to stipulate this because of the nature of the engineering profession.

Our way around TEPA was to use the word "Engineering" as part of our title, versus "Engineer". Not sure how that lines up with the law, but that was the only way I could get business cards at Moto.

Submitted by johnlogic on Fri, 07/03/2009 - 12:03pm.

TEPA has likely changed a bit over the years. As it stands now, it appears to me (and remember that I'm not an attorney) that it applies to:

  1. all usage of the word "engineer", in any form (see Subchapter A), and
  2. only those that "offer to the public to perform engineering services" (see exemptions, Subchapter B), specifically excluding employees of business entities (in Sec. 1001.057) with regard to products manufactured by the entity

So, as an employee of Motorola/Freescale working on its products, you would be allowed to represent yourself as an engineer, but would not be allowed to do so in offering your services to the public (moonlighting) unless you were a licensed professional engineer.

I am not a licensed professional engineer (and don't foresee becoming one any time soon), so I try to avoid liability (that might arise from representation or confusion) by marketing myself only as an independent research and development contractor, not an engineer. For projects likely to be regulated, I would subcontract to at least one licensed professional engineer, unless the client already would have one supervising the project.

- John

Submitted by matt on Fri, 07/03/2009 - 1:27pm.

Yes, later on (I forget exactly when), I was able to order business cards that presented my title as "Engineer".

To get around potential lawsuits, engineers may consider using "artist". After all, much of engineering is truly an art.

Matt Genovese
Functional Verification Artist

Submitted by threew on Fri, 07/03/2009 - 3:07pm.

While with Siemens, one of my job titles was "Senior Software Management Engineer" which seems just as strange now as it did then. What's a "management engineer" anyway?

Of course everyone in the business unit was an "engineer" of some sort if in title only.

Never attempted to use the term on my own; there were better options ;~)

expat IEEE member,

William W. (Woody) Williams
Project Management Consultant
| Blog | Twitter |
w3src Consulting

Submitted by softwarejanitor on Fri, 07/03/2009 - 4:38pm.

I prefer not to use the term "Engineer" since I am not a licensed Professional Engineer. However, my employer, like most others does use the term in titles such as Senior Software Engineer. And unfortunately, since its basically the industry standard, most people are stuck using it for their work titles even though it could be a source of confusion. I don't use the word in any (rare these days) outside work I do however.

Submitted by threew on Fri, 07/03/2009 - 5:07pm.

Yep: It's on my resume as a job title but never used in any other context or even casual conversation.

Still can't explain the "management engineer" deal ;~)

William W. (Woody) Williams
Project Management Consultant
| Blog | Twitter |
w3src Consulting

Submitted by softwarejanitor on Fri, 07/03/2009 - 5:48pm.

Sometimes there is no explaining PHB speak...

Submitted by NY2TX on Fri, 07/03/2009 - 6:32pm.

I'm not an engineer so I get to call myself anything I want (ask my wife).

Submitted by matt on Sat, 07/04/2009 - 8:00pm.

Consistently my rant has been that too many people are denoted as engineers. "Customer Service Engineer"? When I hear that on the phone, I'm perturbed; unless that person holds an engineering degree, they're watering down the status of being an engineer.

Beyond what the State of Texas defines as an "engineer", across the nation the title is commonly (man-on-the-street) understood as someone who has at least graduated with a science/engineering degree in a technical field.

Submitted by threew on Sun, 07/05/2009 - 5:29am.

I agree. "Engineer" as an obligatory part of a job title regardless of qualifications has always astounded me. Especially when it was me. My degree is in Graphic Design... a long way from any engineering field ;~)

I wonder what outrage would surface if organizations began using the term "physician, " "doctor," or "lawyer" in the same manner?

"Good morning. This is Joe Bob. I'll be your Customer Service Physician today. How can I help you?"

William W. (Woody) Williams
Project Management Consultant
| Blog | Twitter |
w3src Consulting

Submitted by matt on Sun, 07/05/2009 - 7:04am.

Agreed. "What is your ailment?"

Submitted by jdunham on Mon, 07/06/2009 - 9:09am.

I'm sick ... of this economy.

--
Jerry Dunham
"I'm a doctor, Jim, not an engineer."

Submitted by softwarejanitor on Mon, 07/06/2009 - 10:09am.

I think it is contagious... achoo...

Submitted by sspiars on Mon, 07/06/2009 - 2:57pm.

I had a nice conversation with the "Sanitation Engineer" that picked up my garbage the other morning. :)

Submitted by dhart1951 on Wed, 07/08/2009 - 9:45pm.

Just a question:
If you are a licensed professional engineer, and you find yourself looking for a new employer, do you NEED to tell that prospective employer you are a professional engineer. My understanding is that because of potential liability issues (the license essentially elevates your credibility in any court proceedings you might be involved with while employed with your new employer) you MUST tell your new employer.

Also, once identified as a professional engineer (i.e., "PE" after your name) it is very difficult to become detached from this association. This is why, when many years ago the State was offering software engineers the PE license simply for filling out the forms and paying the fee, I opted to NOT get the PE license. It limited which companies I could work for, and limited job mobility.

Did I understand this incorrectly, or have things changed?

Submitted by MikeToolin on Mon, 07/13/2009 - 8:38am.

I've heard of this before and in some cases it makes sense. You don't want claiming to be a Civil Engineer building your bridge, but he is not licensed a certified to do Civil Engineering. But what about people like me? I have a degree in Computer Engineering, it says so right on my degree. I worked hard for an engineering degree, why can't I call myself a Computer Engineer?

Submitted by matt on Mon, 07/13/2009 - 9:06am.

Yes, that was my dilemma, Mike. I received my Computer Engineering degree, and couldn't claim I was an engineer. However, it seems the circumstances have changed in our favor.