Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2030 - Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects › Chapter 13 - Supervision › Section 20 CSR 2030-13.010 - Immediate Personal Supervision

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended primarily to
				  provide more clarity regarding the licensee's contact with the
				  client.
(1) Immediate personal
				supervision is a combination of activities by which a licensee maintains
				control over those decisions that are the basis for the findings, conclusions,
				analysis, rationale, details, and judgments that are embodied in the
				development and preparation of the technical submissions. Immediate personal
				supervision requires providing personal direction, oversight, inspection,
				observation, and supervision of work being performed.
(2) Communications between the licensee and
				those persons who are performing the work include, but are not limited to, use
				of any of the following ways: direct face-to-face communications; written
				communications; U.S. mail; private express package delivery; electronic mail;
				facsimiles; telecommunications; or other current technology; provided that the
				licensee retains, maintains, and asserts continuing control and
				judgment.
(3) The licensee who
				signs and seals technical submissions in accordance with the provisions of
				section
				327.411,
				RSMo, must be knowledgeable of decisions made during preparation of the
				technical submissions in sufficient detail as to be able to personally answer
				any questions regarding substantive decisions as to the design.
(4) Specifications, drawings, reports, design
				surveys, or other technical submissions will be deemed to have been prepared
				under the immediate personal supervision of a licensee when the following
				circumstances exist:
(A) The licensee, or an
				employee of the licensee's corporation, firm, partnership, association, or
				other entity authorized to do business, shall be in direct contact with the
				client requesting preparation of specifications, drawings, reports, design
				surveys, or other technical submissions;
(B) The licensee provides initial direction
				in development of the design and supervises each step of the preparation of the
				specifications, drawings, reports, design surveys, or other technical
				submissions and has input into their preparation prior to their
				completion;
(C) The licensee is not
				employed by the client solely for the purpose of reviewing and approving
				specifications, drawings, reports, design surveys, or other technical
				submissions prepared by an unlicensed person, employee, or contractor of the
				client;
(D) The licensee reviews
				the final specifications, drawings, reports, design surveys, or other technical
				submissions and is able to, and does make, necessary and appropriate changes to
				them; and
(E) In circumstances
				where a licensee in responsible charge of the work is unavailable to complete
				the work, or the work is a site adaptation of a standard design drawing, or the
				work is a design drawing signed and sealed by an out-of-jurisdiction licensee,
				a successor licensee may take responsible charge by performing all professional
				services to include developing a complete design file with work or design
				criteria, calculations, code research, and any necessary and appropriate
				changes to the work. The non-professional services, such as drafting, need not
				be redone by the successor licensee but must clearly and accurately reflect the
				successor licensee's work. The burden is on the successor licensee to show such
				compliance. The successor licensee shall have control of and responsibility for
				the work product and the signed and sealed originals of all technical
				submissions.