Engineers, land surveyors, and geologists and geophysicists: nondisclosure agreements: reporting.

The Professional Engineers Act and the Professional Land Surveyors' Act provide for the licensure and regulation of professional engineers and land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Both acts require a licensee to report to the board in writing the occurrence of specified events in relation to the licensee within 90 days of the date the licensee has knowledge of the event. Under both acts, the failure of a licensee to report to the board in the time and manner required is grounds for disciplinary action. Both acts specify that a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a required report to the board. The Professional Engineers Act requires the executive officer of the board to aid in the enforcement of the act. The Professional Land Surveyors' Act requires the board to enforce all of the provisions of the act and cause the prosecution of all violations coming to its notice. This bill would specify that if a licensee under the Professional Engineers Act or under the Professional Land Surveyors' Act who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act, or of the Professional Land Surveyors' Act, as applicable to the licensee, to the board. The bill would also specify that those provisions in each of the acts would not be construed to be, or act as, a waiver of any applicable attorney-client or attorney work product privileges. The Geologist and Geophysicist Act provides for the licensure and regulation of geologists and geophysicists by the Board for Professional Engineers, Land Surveyors, and Geologists. The act requires the executive officer of the board to aid in the enforcement of the act. The act also specifies that whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an offense against the act, upon application of the board, the superior court of the county in which the offense has occurred or is about to occur, is authorized to issue an injunction or other appropriate order restraining that act or practice. This bill would specify that if a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the act to the board. The bill would also specify that this provision would not be construed to be, or act as, a waiver of any applicable attorney-client or attorney work product privileges.