2005 Idaho Code - 54-1202 — DEFINITIONS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 12
                           ENGINEERS AND SURVEYORS
    54-1202.  DEFINITIONS. As used in this chapter, unless the context or
subject matter requires otherwise:
    (a)  Engineer. The term "engineer" means a person who is qualified to
practice engineering by reason of his special knowledge and use of
mathematical, physical and engineering sciences, and the principles and
methods of engineering analysis and design, acquired by professional education
and engineering experience.
    (b)  Professional Engineer. The term "professional engineer" means a
person who has been duly registered or licensed as a professional engineer by
the board under this chapter.
    (c)  Professional Engineering and Practice of Professional Engineering.
The terms "professional engineering" and "practice of professional
engineering" mean any service or creative work offered to or performed for the
public for any project physically located in this state, such as consultation,
investigation, evaluation, planning, designing, teaching upper division
engineering design subjects, and responsible charge of observation of
construction in connection with any public or private utilities, structures,
buildings, machines, equipment, processes, works, or projects, wherein the
public welfare or the safeguarding of life, health, or property is concerned
or involved, when such service requires the application of engineering
principles and data. A person shall be construed to practice or offer to
practice professional engineering within the meaning and intent of this
chapter who practices or offers to practice any of the branches of the
profession of engineering for the public for any project physically located in
this state or who, by verbal claim, sign, advertisement, letterhead, card, or
in any other way represents himself to be a professional engineer or through
the use of some other title implies that he is a professional engineer or that
he is registered under this chapter, or holds himself out as able to perform
or who does perform for the public for any project physically located in this
state any engineering service or work or any other service designated by the
practitioner which is the practice of professional engineering.
    (d)  Consulting Engineer. The term "consulting engineer" means a
professional engineer whose principal occupation is the independent practice
of professional engineering; whose livelihood is obtained by offering
engineering services to the public; who is devoid of public, commercial and
product affiliation that might tend to infer a conflict of interest; and who
is cognizant of his public and legal responsibilities, and is capable of
discharging them.
    (e)  Professional Land Surveyor. The term "professional land surveyor"
means a person who is qualified by reason of his knowledge of the principles
of land surveying acquired by education and practical experience to engage in
the practice of professional  land surveying and who has been duly registered
or licensed as a professional land surveyor by the board under this chapter.
    (f)  Professional Land Surveying and Practice of Professional Land
Surveying. The terms "land surveying" and "professional land surveying" mean
responsible charge of surveying of land to determine the correct boundary
description, to convey, to establish or reestablish land boundaries, or to
plat lands and subdivisions thereof. Any person shall be construed to practice
or offer to practice professional land surveying who engages in professional
land surveying, or who, by verbal claim, sign, advertisement, letterhead,
card, or in any other way represents himself to be a professional land
surveyor, or who represents himself as able to perform or who does perform any
professional land surveying service or work or any other service designated by
the practitioner which is professional land surveying.
    (g)  Board. The term "board" means the Idaho board of registration of
professional engineers and professional land surveyors, hereinafter provided
by this chapter.
    (h)  Responsible Charge. The term "responsible charge" means the control
and direction of the investigation, studies, design, construction or operation
of engineering work, or the control and direction of record research, field
retracement, office calculations, boundary determination and mapping of land
surveying work, requiring initiative, professional skill and independent
judgment.
    (i)  Engineer-in-Training. The term "engineer-in-training" means a person
who has qualified for, taken and passed an examination in the fundamentals of
engineering subjects as provided in this chapter.
    (j)  Land Surveyor-in-Training. The term "land surveyor-in-training" means
a person who has qualified for, taken and passed an examination in the
fundamentals of land surveying subjects as provided in this chapter.
    (k)  Rules of Professional Responsibility. The term "rules of professional
responsibility" means those rules, if any, promulgated by the board, as
authorized by the Idaho Code.
    (l)  Public. The term "public" means any person, firm, corporation,
partnership, company, government agency, institution or any other entity
recognized by law.
    (m)  Business Entity. The term "business entity" means a corporation,
professional corporation, limited liability company, professional limited
liability company, general partnership, limited partnership, limited liability
partnership, professional limited liability partnership or any other form of
business except a sole proprietorship.
    (n)  Signature. The term "signature" shall mean either: an original
handwritten message identification containing the name of the person who
applied it; or a digital signature which is an electronic authentication
process attached to or logically associated with an electronic document. The
digital signature must be unique to the person using it; must be capable of
verification; must be under the sole control of the person using it; and must
be linked to a document in such a manner that the digital signature is
invalidated if any data in the document is changed.