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Government The Courts

Arizona Man Sues State Agency Over Right To Call Himself an Engineer (ieee.org) 210

McGruber quotes IEEE Spectrum: Greg Mills, co-owner of Southwest Engineering Concepts, is suing the state of Arizona's technical registration board to protest being fined for working without an engineering license, which Mills maintains he doesn't need because it doesn't pertain to the type of work he performs.

It's the latest case pitting engineers against state licensing agencies that by some accounts have become more aggressive in attempting to regulate who can call themselves an engineer, even as the use of that term becomes more widespread. Meanwhile, licensing proponents maintain it's necessary for the public interest and point out that Arizona statutes have clear definitions of what an engineer is...

The central issue is Mills' right to call himself an engineer despite not being a state-licensed professional engineer. Mills, an IEEE Member, has worked as an engineer for three decades, at first for aerospace and tech companies. For the last 10 years, he and his wife have co-owned a three-person engineering consulting firm that makes electronics prototypes and other equipment for startups and small and mid-sized companies that can't afford to hire in-house engineering staff...
Mills is represented by the same public interest law firm that helped an Oregon engineer win a similar suit against that stateâ(TM)s engineering licensing agency.

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Arizona Man Sues State Agency Over Right To Call Himself an Engineer

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  • Ridiculous (Score:5, Insightful)

    by Brett Buck ( 811747 ) on Sunday December 15, 2019 @04:44PM (#59522092)

    If he called himself a "civil engineer", AKA, a guy who builds bridges and highways, then, they might have a point. Otherwise, these civil engineers who come up with "licensing" scheme should try to pass a test on how to do *my* engineering job.

        BTW, anyone who does most other types of engineering can read up and pass the "certified engineer" test with minimal study - it's not that hard compared to what they are doing otherwise.

    • Re: (Score:2, Interesting)

      by Vinegar Joe ( 998110 )

      Hey.......if Bruce Jenner can call himself a woman why can't this guy call himself an engineer? Makes as much sense.

    • Used to work in the second good-sized concentration of aerospace engineers in my city. One day we got a letter from the state engineering society very much as described above...we replied "Please send 400 application forms, a copy of the sample test, and the date of your next officer election." Never heard from them again.

  • by carlhaagen ( 1021273 ) on Sunday December 15, 2019 @04:50PM (#59522110)
    ...even when at the level of being leisurely dabblers, often refer to themselves as "engineers" and "architects" these days. What does this regulation have to say about this?
    • Depends on the jurisdiction and the company.

      I know that in the past IBM worked with professional engineering organizations to allow them to call their technicians "Service Engineers". I believe they did that with some programmers as well.

    • ...even when at the level of being leisurely dabblers, often refer to themselves as "engineers" and "architects" these days. What does this regulation have to say about this?

      More to the point, the companies for whom I've worked have labeled the positions, "Software Engineer". I have a degree (BS) in CS, not in Engineering, like my co-workers did/do.

    • I've long ago stopped calling myself a "software engineer", as I realized it was meaningless ego-stroking by our profession. "Software architect" sounds even more ridiculous to me. I'm a "computer programmer" now, and happy with that term.

    • by gweihir ( 88907 )

      Computer programmers with the proper education (at least a BA in CS or Software Engineering) are engineers. Below that level, they are "technicians". (Yes, I know that a lot of people will not want to hear that. The truth hurts.)

    • The law is about advertising your services to the public using certain titles. For example, building codes require that if you want an exception to certain codes, you want to build it differently than speced by the code, your plan needs to be signed off by an engineer. When I bought my first house, I was concerned about the foundation so I hired an engineer to analyze it.

      Within a company, you and your co-workers can call yourself fire hydrants if you want, nobody cares. Maybe working with one guy is like

  • by mykepredko ( 40154 ) on Sunday December 15, 2019 @04:59PM (#59522138) Homepage

    So you want to be called an engineer without having a license - in your legal battle are you employing individuals who are not licensed lawyers but call themselves lawyers because they have worked in a legal capacity for a number of decades?

    • I've been called an engineer all my life, and sign off legal requirements. No PE involved.

      • I've been called an engineer all my life, and sign off legal requirements.

        Congratulations? That puts you in two categories: a) you're not legally required to be a PE where you work, or b) you're breaking the law. I hope it's the former, because the latter can get you blacklisted from being a PE in the future if you need to be.

        • I’d say 99%+ of engineers in manufacturing don’t ever need state licensing. Maybe to sign off on critical systems for legal reasons but that’s rare. It’s the most common among civil engineers and that’s only for designing infrastructure.
    • You know full well he isn't, because it's illegal to give tailored legal advice, portraying yourself as an expert in legal matters, without having a law licence.

      If such a person did exist, I personally would be more than happy to have them represent me over a licensed lawyer who had a far worse record of winning cases, other things equal.

      But that's not a relevant analogy to the case at hand. You seem to be implying that he isn't qualified to do the work he's doing. No one disputes that he's qualified to do

    • No, he wants to be called an electrical and electronics engineer, which he definitely is. The State licensing board didn't invent that term. It can't just co-opt it for its own industry. Plus, it's not like clients are going to accidentally seek his help to build a bridge or build a water treatment plant.

    • Lawyers are licensed because they operate only within the jurisdiction of the government's laws. For an example of legal work outside of government, you don't need to be a licensed lawyer to work on an arbitration case.

      Certain engineering fields (typically civil, structural, and sometimes mechanical) require Professional Engineer certification to get a job (it's just a test you take after you graduate, to verify that you actually learned what you were supposed to learn in engineering school). These are
  • Technically, anyone with driver's license should be able to call themselves an "engineer". They have a government license to operate an engine.

    "Electrical Engineer", "Petroleum Engineer", "Civil Engineer", "Mechanical Engineer" are registered trademarks by IEEE, SPE, ASCE, and ASME, respectively. "An engineer" should not be protected, and in fact, isn't, in most places (pretty much nowhere, outside the US). Though the professional organizations have gone Nazi on the term, especially in technical fields,
    • Except that's not how the law works, stupid.

      • by Entrope ( 68843 )

        [citation needed]

        Seriously, take a moment to explain why the other person is wrong. Your comment makes you look like the dumb one in that exchange.

        • Citation: Your state's engineering code.

          "Engineer" is a legally defined term not a trademark.

          • by AK Marc ( 707885 )
            No. It's not. I can call myself "an engineer" and not breach any law in the US. We have freedom of speech. If I sell services as an "engineer" the freedom of speech doesn't apply to commercial speech, and that word is banned by law. So a person who says they "are an engineer" but aren't saying so to get a job is legal. The lawfirm representing this guy just won a similar case where a person said in an email "I am an engineer". The court rules that was legal.

            Also note the article is on the IEEE websi
          • by Entrope ( 68843 )

            Here in Virginia, there is a statute that defines "professional engineer" -- and that definition is, again by statute, limited to people who are licensed by the relevant guild/union (called the "Board" in that statute). The same part of the statutes prescribes serious civil and criminal penalties for unauthorized commercial use of the word "engineering" or its morphological forms. Is your argument that it is even more strongly protected by law than a trademark is? Or are you quibbling over word choice ra

        • Seriously, take a moment to explain why the other person is wrong. Your comment makes you look like the dumb one in that exchange.

          He already did. The matter here is legal. It's not trademark. It's not a dictionary definition. It's legal. Anything you think is relevant outside of what is written in the law of the state isn't.

    • Technically, anyone with driver's license should be able to call themselves an "engineer".

      Sure, just show me where that definition is codified in Arizona's law and you'll have a point. Until then, a pedant who things the dictionary will help them making their case in front of a judge is a true idiot.

  • We recently had a robust internal debate about this.

    The key is "Professional Engineer" not just Engineer. It has a specific legal meaning and our state legislation limits the requirement for board registration of a PE for tasks that involve safeguarding life, health or property
    Thus you can be an engineer who writes banking code, or flashes pretty lights and not require board registration. If you design a bridge, a lift, a ventilator, you need a PE involved.
    There is also one other exception. If what you are

    • Why isnt the legal standard then, specifically about claiming to be licensed, instead of claiming to be [a word you wanted to hijack to mean licensed]
  • by NewtonsLaw ( 409638 ) on Sunday December 15, 2019 @05:51PM (#59522248)

    Yesterday I couldn't even spell injuneer and now I are one! :-)

  • OK, you 'engineers' are too close to see the forest for the trees here. Licensing is widespread and not limited to engineers.

    In my state you need a license to give a haircut. Or a manicure. Or shave a bush or insert nipple studs. You have to undergo millions of hours of really tedious training and then pass tests that would drive you insane.

    Why?

    Obviously, when you perform such an intensely personal service, sanitation and health are a concern. (That's what they'll tell you) In reality, it's the industry, no

    • by sjames ( 1099 )

      Nobody here is contesting that some tasks that fall under the umbrella of engineering requires a license. But many other things do not (the law agrees on that). the correct term for an engineer that carries such a license is Licensed Professional Engineer or PE.

  • Lawyers very aggressively police who can call themselves lawyers. So much so that even it is patently obvious we add disclaimers. Similar thing is happening for financial advice, stock advice too.

    Beauticians, barbers, manicurists, hair stylists also want to be licensed and regulated.

    AMA maintains a strict scarcity of doctors. And it is not easy to fake your credentials. Of course if you are really a big shot, like son of a congressman, married to a heiress, your father-in-law might create a board to cer

  • ... isn't required to have an engineering license? People who do in-house engineering work on a company's products. Like Boeing.

    If you want more MCAS, this is how you get it.

    • Bullshit - by the same token, every *successful* product is also built by "non-licensed" engineers.

      • by PPH ( 736903 )

        But nobody is going to complain if their XBox dies. It isn't going to take 150 people with it.

        • I meant life-critical systems - like defense applications, most power plant equipment, and every airplane you have ever flown in.

    • Because having State-issued licenses is a guarantee against failures, like bridges collapsing. Oh wait [usatoday.com]...
  • These terms are too non-specific. Being an "engineer" is not sufficiently specified to be allow to design a bridge, or a commercial airplane, etc. Just like "scientist" or "accountant" or even "doctor" (MD? PhD? OD? PsyD? DSc? etc"). Therefore a licensing jurisdiction/agency, which of course is necessary, should not be hingeing certification on the title "engineer". Go certify "electric engineers', "mechanical engineers", "chemical engineers", just like there are CPA's.

  • by Dunbal ( 464142 ) * on Sunday December 15, 2019 @07:29PM (#59522454)
    If he has a degree in engineering he's an engineer. He may be unlicensed and not allowed to work in that state, but he is still an engineer. Likewise I am a doctor. No one can take my doctorate away. I'm not licensed to work in the US but my title remains valid there or here. I just can't see patients and charge them money in the US.
    • No one can take my doctorate away.

      Say the N word on Twitter and @mention the university which conferred the degree upon you.

    • by gTsiros ( 205624 )

      yes they can.

      when you retire you turn in your degree, from what i understand.

      i know that's not exactly what you are talking about, but *technically*, they can.

  • We've been fighting this battle for well over 40 years. The first one I recall, had we lost it, would mean any computer programmer who had the necessary certifications to practice the trade for money, would have to be an expert in Cobol and JCL.

    Think where the industry would be if Kernighan, Ritchie, Thompson,

    1. Professional level computer programming (aka "software engineering") IS an engineering discipline.

    2. But the tools and techniques change so quickly that a government operated professional certifi

    • would mean any computer programmer who had the necessary certifications to practice the trade for money, would have to be an expert in Cobol and JCL.

      Eh, better that then Java.

  • I would bet that the State of Arizona has official job descriptions where the word engineer appears that are not related to a Engineer with P.E..
  • an IEEE Member

    So the guy pays dues to get the "Spectrum" magazine mailed to him and dumped in the trash? That should be justification enough to make sure he doesn't do any work on anything important.

  • If only there were similarly strict requirements for calling oneself a "public servant" or "elected representative". Like "Who the F you serving or representing?"
  • engineer - check
    doctor?
    instructor?
    teacher?
    preacher?
    scientist?
    secretary?
    farmer?
    ranger?
    cashier?

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