Path: utzoo!utgpu!jarvis.csri.toronto.edu!rutgers!ucsd!swrinde!cs.utexas.edu!hellgate.utah.edu!defun.utah.edu!sandra
From: sandra%defun.utah.edu@cs.utah.edu (Sandra J Loosemore)
Newsgroups: comp.software-eng
Subject: Re: Programmer Licensing?
Keywords: software safety, government regulation
Message-ID: <1989Nov13.223935.28321@hellgate.utah.edu>
Date: 14 Nov 89 05:39:35 GMT
References: <39400056@m.cs.uiuc.edu> <242@cherry5.UUCP> <4600@ae.sei.cmu.edu> <1487@redsox.bsw.com>
Organization: PASS Research Group
Lines: 60

On the subject of licensing for computer professionals, I've recently
ascertained that (independently of whether or not such licensing is
actually a good thing) it is illegal to practice software engineering
in Utah. 

First some background.  In order to become a registered Professional 
Engineer, you need to do three things:

(1) Take the EIT (Engineer-in-Training) exam.  At many schools, you are
strongly encouraged to do this around the time you graduate.

(2) Supply the registration board with affadavits to prove that you have
at least 4 years of engineering experience.  In Utah, at least three
of these have to come from other registered PE's.

(3) Take an examination in your specialty of engineering.

Anyway, the Utah state licensing board conveniently sent me a copy of
the state law concerning PE licensing. 

Section 58-22-2 says:

  "Practice of engineering" means the performance of any service or
  creative work requiring engineering education, training, and
  experience in the application of special knowledge of the
  mathematical, physical, and engineering sciences.... 

  A person is construed to practice or offer to practice engineering
  who [...] holds himself out as able to perform, or who does perform,
  any engineering service or work or any other professional service
  designated by the practitioner or recognized as engineering.

Then, in section 58-22-9, it says:

  It is a class B misdemeanor for any person to:

  (1) practice, or offer to practice, engineering or land surveying in
  this state without being licensed under this chapter;

  (2) use or employ the words "engineer", "engineering", "land surveyor",
  "land surveying", or any modification or derivation of these
  words [...] when the person has not been licensed under this chapter;

Section 58-22-10 lists exemptions, notably working as an employee or
subordinate.  As I understand it, the regulations are intended to
apply to people who offer their services to the public as consultants
or contractors.

The problem is that the Utah licensing board doesn't offer the PE exam
in Software Engineering, or any other computer-related engineering
field.  Supposing that they were to start to offer one, you would run
into a chicken-and-egg problem in finding the three other PE's in your
field to attest to your experience.  Finally, note that it doesn't
matter that the state licensing board doesn't recognize software
engineering as an engineering discipline, because the law claims it's
engineering if it's so "designated by the practitioner".  So, if you
call yourself a software engineer and offer your services as a
consultant, you're breaking the law!

-Sandra Loosemore (sandra@cs.utah.edu)