§59-475.22. Exceptions.
652 words·~3 min read·
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This act shall not be construed to prevent:
1. Other professions. The practice of any other legally recognized profession;
2. Temporary license:
a. Professional engineer. The practice or offer to
practice engineering by a person not a resident of or
having no established place of business in this state
is allowed; provided, such person is legally qualified
by licensure to practice engineering, as defined in
Section 475.2 of this title, in the applicant's
resident state or jurisdiction and who has made
application for licensure to the Board. Such person
shall make application for temporary licensure to the
Board, in a manner prescribed by the Board. After
payment of a temporary license fee, a temporary
license may be granted to perform a particular job for
a definite period of time, to expire at the earliest
issuance of a professional engineering license by the
Board. Further, such person shall submit a complete
permanent professional engineer application to the
Board within thirty
(30)days of the date of issuance
of the temporary license, with all required properly
completed forms and fees. Failure to submit a
permanent professional engineer application for Board
consideration within the designated thirty-day time
period may be considered a violation of this act and
Board rules. No right to practice engineering shall
accrue to such applicant by reason of a temporary
license for any works not set forth in the license,
and
b. Professional surveyor. The practice of surveying
under a temporary permit by a person licensed as a
professional surveyor in another state is not
considered to be in the best interest of the public
and therefore shall not be granted unless the person
is applying pursuant to the Military Service
Occupation, Education and Credentialing Act;
3. Employees and subordinates. The work of an employee or a subordinate of a person holding a license under this act, or an employee of a person practicing lawfully under paragraph 2 of this section is allowed; provided, such work does not include final engineering or surveying designs or decisions and is done under the direct supervision of and verified by a person holding a license under this act or a person practicing lawfully under paragraph 2 of this section;
4. Material takeoff. Providing a list of material derived from measuring and interpreting a set of blueprints or plans, otherwise known as a "material takeoff" or advising a person on such a "material takeoff" shall not constitute the practice of engineering; and
5. A person shall not be construed to practice or offer to practice surveying, within the meaning and intent of this act, who merely acts as an agent of a purchaser of surveying services. Agents of a purchaser of surveying services include, but are not limited to, real estate agents and brokers, title companies, attorneys providing title examination services, and persons who or firms that coordinate the acquisition and use of surveying services. The coordination of surveying services includes, but is not limited to, sales and marketing of services, discussion of requirements of surveys, contracting to furnish surveys, review of surveys, the requesting of revisions of surveys, and making any and all modifications to surveys with the written consent of the professional surveyor, and furnishing final revised copies to the professional surveyor showing all revisions, the distribution of surveys and receiving payment for such services.
These actions do not constitute the practice of surveying, and do not violate any part of this act or the bylaws and rules of the Board. Added by Laws 1968, c. 245, § 22, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 22; Laws 1992, c. 165, § 19, eff. July 1, 1992; Laws 2005, c. 115, § 21, eff. Nov. 1, 2005; Laws 2010, c. 337, § 2, emerg. eff. June 6, 2010; Laws 2017, c. 259, § 20, eff. Nov. 1, 2017; Laws 2024, c. 147, § 31, eff. Nov. 1, 2024.