Sep 14, 2018

Reviewing Engineering Licensure Issues

In response to questions our clients often ask us here at Deutsch Kerrigan, we reviewed the licensure requirements for Louisiana general contractors in a previous post. In this post we focus on the licensure requirements for Louisiana engineers.

Per state law, you must be licensed by the Louisiana Professional Engineering & Land Surveying Board (the “Board”) if you wish to practice or offer to practice engineering in the state.  The practice of engineering includes consultation, investigation, evaluation, planning, designing or inspection of construction in connection with any public or private utilities, structures, machines, equipment, processes, works, or projects wherein the public welfare is concerned and when such professional service requires the application of engineering principles and the interpretation of engineering data.  

In order to become a licensed professional engineer, most candidates follow a two-step process, i.e. achieve certification as an engineering intern and then perform the tasks necessary to become licensed.  Alternatively, a licensed professional engineer in another state could seek reciprocity with the Board. 

Engineer Intern Requirements

To become an engineer intern, you must be of good character and reputation and have done one of the following:

  • Graduated from a Board-approved accredited four-year engineering curriculum and passed the Board’s written or electronic examinations
  • Graduated from a Board-approved non-accredited four-year engineering or related science or technology curriculum, obtained a graduate degree from a Board-approved university with an accredited undergraduate engineering curriculum in the same discipline, and passed the Board’s written or electronic examinations
  • Graduated from a Board-approved non-accredited four-year engineering curriculum, met the Board requirements for progressive engineering experience, and passed the Board’s written or electronic examinations

Professional Engineer Requirements

To become a professional engineer, you likewise must be of good character and reputation and and have done one of the following:

  • An engineer intern or someone who meets the qualifications to become one and who has met the Board’s requirements for progressive engineering experience and passed the Board’s written or electronic examinations
  • Someone who holds a valid engineering license from another state whose requirements do not conflict with those of Louisiana and whose licensing standards were not lower than those of Louisiana at the time such license was received and which state accepts reciprocal engineering licenses from Louisiana

Both of our neighboring states of Mississippi and Texas have such reciprocity agreements with Louisiana.

Engineering Firm Licensure

If you are a principal with, or work for a company that provides or offers to provide professional engineering services in Louisiana, your firm itself must be licensed by the Board. Be aware that just creating a Louisiana business entity or registering a foreign business entity with the Louisiana Secretary of State’s office does not authorize that company to offer professional engineering services without first obtaining a firm license from the Board.  If you are an out-of-state engineering firm, you must qualify as a foreign entity with the Louisiana Secretary of State’s office before you apply to the Board for your firm licensure.When you establish a new engineering firm in Louisiana, you must complete and submit an Application for Firm Licensure to the Board within 30 days after the Secretary of State issues your registration certificate. You must include a copy of the certificate with your application.

If your company is an unincorporated sole proprietorship and operates in the full name of the owner who is a licensed professional engineer, you need not obtain a firm registration certificate. If not, you must complete and submit an Application for Firm Licensure to the Board.

Joint ventures that provide or offer to provide professional engineering services in Louisiana are not required to acquire a license as a separate entity as long as each of the joint venture partners is properly licensed with the Board.

In order to receive a firm license from the Board, the firm must designate one or more supervising professionals holding a valid professional engineering license from the Board.  A supervising professional is defined as a person whose primary employment is with the firm on a full time basis; or whose secondary employment is with the firm, provided the supervising professional is an owner of the firm.  A supervising professional is responsible for renewal of the firm’s license; adherence to policies of the firm that are in accordance with the licensure law and the rules of the Board; and, ensuring that all of professional engineering services performed by the firm fall under the responsible charge of a licensed professional.  Failure to comply subjects both the firm and the supervising professional to disciplinary action by the Board.

Whenever you need help resolving an engineering licensure issue or engineering contract dispute, contact the construction team at Deutsch Kerrigan. Our attorneys have architectural and engineering training and experience, and are ready to help you achieve your goals.
 

Contributed by:
Keith J. Bergeron
Partner
Keith J. Bergeron