use of PE in sig if Licensed in another state

[benbo]

I guess I don't understand. Are both Roy T. and IlPadrino saying that a person licensed in any state can legally practice engineering in any other state without applying for comity? Or are they saying that is what could happen if the feds decided to take jurisdiction?

I have no idea, actually. I just always assumed that if you wanted to practice engineering in another state you needed a license from that state. If not, a lot of companies and people are wasting a lot of money.

I'm not planning on entering this debate, I just want clarification on what the debate i am watching is about.

opcorn:

 

[IlPadrino]

I guess I don't understand. Are both Roy T. and IlPadrino saying that a person licensed in any state can legally practice engineering in any other state without applying for comity? Or are they saying that is what could happen if the feds decided to take jurisdiction?

All I'm saying is I could imagine the argument for a federally-regulated professional engineering license process... though I'm usually on the fence about whether it would be a good idea. Implementation could happen either with a federally issued license or through a reciprocity agreement like used for driver licenses. But, to answer specifically, I certainly agree a person licensed in one state cannot practice engineering in another state without receiving a license in the other state (by comity).

In case anyone forgot this is an "old topic", take a read:

http://engineerboards.com/index.php?showtopic=7999

http://engineerboards.com/index.php?showtopic=6121

 

[Tark62]

The Federal Government has been dictating to the states the minutia of governance for 200 years - well outside of what the constitution allows for. Everything from clean air to labor laws to minimum wage to minimum drinking age to education - my GOD the list is endless. There is no such thing as "states rights" any more.

OK, so after 200 years, how many Federally-licensed professions can you name? Is this list "endless"?

Doesn't seem that way. Granted, there are a few such professions, as acknowledged above, in areas of exclusively federal jurisdiction. Examples could include patent attorneys (licensed by USPTO), airline pilots (FAA), seamen (USCG), enrolled agents (IRS).

But that doesn't seem like much to show for 200 years of Federal interference.

I'd think it easy for the federal government to require federal funds to be spent under the supervision of a federally-licensed engineer. Or they could go the speed limit route and pass a law.

Yes, they could probably do that. But that wouldn't make state licensing obsolete -- it would simply add yet another jurisdiction for licensing. You would need a special Federal license to work on Federal projects -- just as attorneys need a special Federal license to work on patent law issues. But you would still need a state license to address non-Federal issues -- just as patent attorneys are typically members of the State Bar as well as the Patent Bar.

 

[kevo_55]

opcorn:

 

[IlPadrino]

Yes, they could probably do that. But that wouldn't make state licensing obsolete -- it would simply add yet another jurisdiction for licensing. You would need a special Federal license to work on Federal projects -- just as attorneys need a special Federal license to work on patent law issues. But you would still need a state license to address non-Federal issues -- just as patent attorneys are typically members of the State Bar as well as the Patent Bar.

Sure... and once there's a federal standard, reciprocity (vice application by comity) becomes much more likely. Consider the Commercial Driver's License... while the federal government didn't create it's own license, it DID institute minimum standards (read http://www.fmcsa.dot.gov/registration-licensing/cdl/cdl.htm for some details).

What do you think about the article here?

With the NCEES Model Law and NCEES records, perhaps the only significant "value added" by state boards is disciplinary oversight?

It would seem the AMA has thought about reciprocity, too... this contains the following

The AMA opposes national legislation which would mandate licensing reciprocity by all state licensing authorities. (Res. 42, A-88; Reaffirmed: Sunset Report, I-98)

 

[mudpuppy]

Interesting thoughts. As it stands right now I believe there is a de facto, if not explicit (in some states) exemption from licensure for engineers in industry under the interstate commerce clause of the U.S. Constitution--i.e. Michigan cannot say all cars made in MI (not that we make cars any more) have to be designed by PEs, because those cars may be sold in other states and in doing so MI would be restricting interstate commerce. IMO, this limits the state's power to regulate engineering to activities that can be specifically tied wholly to that state, such as consulting services and infrastructure/structural projects.

The biggest impetus I see for a federal-level license is to capture the (huge) industrial/manufacturing segment of the engineering field. But I'm sure the manufacturers would fight tooth and nail against it, so I doubt it will ever happen.