Cheatsheet: Licensure Laws in the U.S.

1. Purpose and Scope of Licensure

1.1 Rationale for Professional Licensing

• Protection of public health, safety, and welfare
• Ensures minimum competency standards for engineering practitioners
• Establishes legal accountability and professional responsibility
• Distinguishes qualified professionals from unqualified individuals

1.2 Police Power

1.3 Practice vs. Title Acts

2. State Licensing Boards

2.1 Board Structure and Authority

• Each state has independent licensing board (nomenclature varies: Board of Professional Engineers, Board of Licensure, etc.)
• Board members appointed by governor or elected; must include licensed engineers
• Autonomous agencies with regulatory and disciplinary authority
• Funded through licensing fees, not general tax revenue

2.2 Board Functions

2.3 NCEES (National Council of Examiners for Engineering and Surveying)

• National nonprofit organization of state licensing boards founded in 1920
• Develops and administers FE (Fundamentals of Engineering) and PE (Principles and Practice of Engineering) exams
• Promotes uniformity in licensing requirements across states
• Maintains Model Law and Model Rules as templates for state legislation
• Administers Records Program for license portability
• Does not grant licenses; boards retain sole licensing authority

3. Licensing Requirements

3.1 Two-Stage Licensing Process

3.2 Education Requirements

• ABET-accredited bachelor's degree in engineering (standard requirement)
• Non-ABET degrees may require additional coursework or experience
• Some states allow experience to substitute for education deficiencies
• NCEES Model Law requires degree from EAC/ABET-accredited program

3.3 Experience Requirements

3.4 Examination Requirements

3.4.1 FE Exam (Fundamentals of Engineering)

• Computer-based exam administered year-round at Pearson VUE centers
• 110 questions, 6 hours, closed-book (electronic reference provided)
• Seven discipline-specific exams available (Chemical, Civil, Electrical, etc.) plus "Other Disciplines"
• Passing determined by NCEES using psychometric analysis

3.4.2 PE Exam (Principles and Practice of Engineering)

• Discipline-specific exam in applicant's area of practice
• Computer-based for most disciplines; 80 questions, 8 hours
• Civil PE available in five depth areas (breadth + depth format)
• Passing score determined independently for each exam

3.5 Character and Fitness

• Good moral character and ethical fitness requirements
• Disclosure of criminal convictions, disciplinary actions, or license revocations
• Board reviews on case-by-case basis

4. License Renewal and Continuing Education

4.1 Renewal Requirements

4.2 Continuing Professional Competency (CPC)

• Mandatory in most states (over 40 states require PDH/CEU)
• 15-30 Professional Development Hours (PDH) per year standard
• 1 PDH = 1 contact hour of instruction or presentation
• Acceptable activities: courses, seminars, college teaching, publications, self-study
• Documentation must be retained (3-5 years)
• Ethics training required in some states (1-2 hours)

5. Comity and Reciprocity

5.1 License Mobility Concepts

5.2 NCEES Records Program

• Maintains verified, confidential records of qualifications
• Transmits credentials to state boards for comity applications
• Streamlines multi-state licensing process
• One-time verification of education, experience, exams, and licenses

5.3 Multi-State Practice

• No automatic recognition across states; each requires separate license
• Occasional practice provisions allow temporary work (limited duration/scope)
• Must hold license in state where services are offered or work performed
• Physical location of engineer vs. project location determines jurisdiction

6. Exemptions and Industrial Exemptions

6.1 Common Exemptions

6.2 Industrial Exemption Details

• Exempts employees performing engineering for their employer's internal operations
• Does not apply to services offered to public or consulting work
• Varies significantly by state in scope and interpretation
• Does not exempt from ethical obligations or liability
• Public safety structures (buildings, infrastructure) often excluded from exemption

6.3 Limits of Exemptions

• Cannot use "Professional Engineer" or "PE" title without license
• Cannot seal or sign engineering documents
• Cannot offer services directly to public
• Must work under direct supervision of licensed PE where required

7. Discipline and Enforcement

7.1 Grounds for Disciplinary Action

• Negligence, incompetence, or misconduct in practice
• Fraud or misrepresentation in obtaining license
• Violation of state engineering laws or board rules
• Conviction of felony or crime involving moral turpitude
• Aiding unlicensed practice
• Practicing while license is suspended, revoked, or inactive
• Violation of professional ethics rules

7.2 Disciplinary Procedures

7.3 Disciplinary Sanctions

7.4 Unlicensed Practice

• Practicing engineering without license is criminal offense in most states
• Penalties include fines, injunctions, and potential imprisonment
• Board may issue cease-and-desist orders
• Civil liability for damages caused by unlicensed practice

8. Corporate Practice and Business Entities

8.1 Certificates of Authorization

• Corporations and partnerships offering engineering services must obtain Certificate of Authorization (CA)
• Requirements: designated licensed PE as officer or principal, professional liability insurance (in some states)
• Ensures professional control over business decisions affecting engineering
• Protects against purely commercial interests overriding professional judgment

8.2 Firm Name Requirements

• Firm name cannot be misleading or imply services not offered
• Use of "Engineers" or "Engineering" requires CA
• Some states restrict use of individual names to actual licensees in firm

8.3 Professional Control Doctrine

• Licensed PE must have responsible charge of engineering work
• Business decisions must not override professional engineering judgment
• PE retains ethical obligations regardless of employment relationship

9. Seals and Signing Documents

9.1 Seal Requirements

9.2 Responsible Charge

• PE must have direct control and personal supervision of engineering work
• Sufficient knowledge to evaluate design decisions and methods
• Cannot seal work not prepared under PE's supervision or review
• Detailed review required; cannot "rubber stamp" subordinate work

9.3 Document Retention

• Many states require retention of sealed documents for specified period (5-10 years common)
• Supports potential investigation or litigation
• Demonstrates compliance with responsible charge obligations

10. Special Licensing Situations

10.1 Retired or Emeritus Status

• Some states offer retired/emeritus designation for PEs no longer practicing
• Reduced or waived renewal fees
• Cannot practice or seal documents
• May use "PE Retired" or similar title

10.2 International Credentials

• Foreign education evaluated for U.S. equivalency (NCEES Credentials Evaluations or equivalent)
• Must meet same exam and experience requirements as U.S. graduates
• Washington Accord provides framework for recognizing engineering degrees internationally

10.3 Military Experience

• Many states provide expedited licensing for military engineers
• Military engineering experience may count toward experience requirement
• Fee waivers or reductions for active duty or veterans

10.4 Temporary Licenses

• Issued for specific projects or limited duration
• Allows out-of-state PE to practice on particular project
• Must still meet qualification standards
• Expire upon project completion or time limit

11. Relationship to Professional Ethics

11.1 Ethics Codes and Licensing

• State licensing boards enforce ethics rules as part of licensure laws
• Most states adopt NCEES Model Rules of Professional Conduct or similar codes
• Violations of ethics rules constitute grounds for discipline
• Ethics transcend legal minimum; represent professional obligations

11.2 Key Ethical Principles in Licensure Context

12. Key Legal Principles

12.1 Statutory vs. Administrative Law

12.2 Due Process Rights

• Licensees entitled to notice of charges and opportunity to be heard
• Right to present evidence and cross-examine witnesses at disciplinary hearings
• Decisions must be based on evidence in record
• Right to appeal adverse decisions to courts

12.3 Interstate Compacts

• Some states participate in agreements for streamlined multi-state licensing
• Not universal; each state retains sovereignty over licensing
• NCEES promotes uniformity but cannot mandate state adoption