New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 39 - ENGINEERING AND SURVEYING PRACTITIONERS › Part 3 - ENGINEERING LICENSURE, DISCIPLINES, APPLICATIONS, EXAMS, PRACTICE, SEAL OF LICENSEE AND ENDORSEMENTS › Section 16.39.3.11 - PRACTICE OF ENGINEERING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Neither a person nor a business entity shall advertise, accept work or offer to
				practice engineering work in a discipline of engineering unless the person or a
				member of the organization has been approved by the professional engineering
				committee in the appropriate discipline and who is legally able to bind that
				business entity by contract.
B.
				Neither persons nor business entities shall circumvent these rules. Licensees
				or business entities may advertise for work only in those disciplines of
				engineering in which they are approved by the professional engineering
				committee to practice. Nothing in this section is intended to prevent the
				existence of an association of professionals in different
				disciplines.
C. In the event a
				question arises as to the competence of a licensee in a specific technical
				field which cannot be otherwise resolved to the board's satisfaction, the board
				shall, either upon request of the licensee or of its own volition, require the
				licensee to pass an appropriate examination.
D. The professional engineering committee
				will consider the use of the terms, "engineer," "engineering," or any
				modification or derivative of such terms, in the title of a firm or business
				entity to constitute the offering of engineering. The board will also consider
				the use of these terms or any modification or derivative of such terms in a
				corporation's name or its articles of incorporation or in a foreign
				corporation's certificate of authority as published by the New Mexico secretary
				of state to constitute the offering of engineering services.
E. In the case of practice through a business
				entity offering or providing services or work involving the practice of
				engineering, an authorized company officer and the professional engineer who is
				employed by the business entity and in responsible charge shall place on file
				with the board within 30 days a signed affidavit, as prescribed by board rule.
				The affidavit shall be kept current, and, if there is any change in the
				professional engineer or authorized company officer, the affidavit shall be
				revised within 30 days and resubmitted to the board.
F. The board shall recognize that there may
				be occasions when engineers need to obtain supplemental survey information for
				the planning and design of an engineering project. An engineer may densify,
				augment and enhance previously performed survey work by a surveyor for a
				project as defined in Subsection U of Section
				61-23-3
				NMSA 1978 of the Engineering and Surveying Practice Act.
G. In the case of an employee of a business
				entity who performs only the engineering services involved in the operation of
				the business entity's business, the extent to which the engineering services
				can be provided without licensure is limited to only the legal boundaries of
				the property owned or leased by that business. Practice beyond this extent or
				within off-premises easements is considered within public space and is subject
				to the Engineering and Surveying Practice Act.