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Exemptions to Engineering Licensure Laws:A State-by-State SummaryAugust 2016The following compilation of industrial, manufacturing, and governmental exemptions toengineering licensure laws has been developed by the National Society of Professional Engineersto provide detailed information about the breadth and scope of these exemptions nationwide.Since its founding in 1934, NSPE, as well as its state societies, members, and the professionalengineering community, has sought to address exemptions in state and territorial engineeringlicensure laws.As stated in NSPE Professional Policy 173, “all engineers who are in responsible charge of thepractice of engineering as defined in the NCEES Model Law and Rules in a manner thatpotentially impacts the public health, safety, and welfare should be required by all state statutesto be licensed professional engineers. NSPE recommends the phasing out of existing industrialexemptions in state licensing laws.”NSPE is providing this resource so that NSPE state societies and members can better understandthe engineering licensure law exemptions. This survey is intended to provide useful informationthat NSPE state societies can share with legislators and policymakers in their work to protect thepublic safety, health, and welfare.This state-by-state survey focuses solely on industrial, manufacturing, and governmentalexemptions to engineering licensure laws. Many state engineering licensure laws also containadditional exemptions for certain types of functions and activities. In addition, in some cases,state engineering licensure laws may be subject to interpretation by state attorneys general orstate courts.
StateAlabamaCitationSec. 34-1114LanguagePersons and acts exempt from chapter:3. The practice of officers and employees of the governmentof the United States while engaged within this state in thepractice of engineering or land surveying for thegovernment. This exception does not extend to any engineeror land surveyor engaged in the practice of professionalengineering or land surveying whose compensation is basedin whole or in part on a fee.4. The practice of engineering or land surveying with respectto transportation or utility facilities by any transportationcompany or public utility subject to regulation by theAlabama Public Service Commission, the Federal AviationAdministration, the Federal Communications Commission,the Federal Energy Regulatory Commission, or the NuclearRegulatory Commission, including its parents, affiliates, orsubsidiaries; or by the officers and employees of anytransportation company or public utility including its parents,affiliates, or subsidiaries. This exception shall not extend toany engineer or land surveyor engaged in the practice ofengineering or land surveying whose compensation is basedin whole or in part on a fee.AlaskaSec.08.48.3315. The practice of engineering or land surveying by anyperson who is employed by the Alabama Department ofTransportation prior to January 1, 1997, in any engineeringor engineering assistant classification series under the Stateof Alabama Personnel Board, merit system.Exemptions:3. An officer or employee of the United States governmentpracticing architecture, engineering, land surveying, orlandscape architecture as required by the person’s officialcapacity.10. An officer or employee of an individual, firm,partnership, association, utility, corporation, limited liabilitycompany, or limited liability partnership, who practicesengineering, architecture, land surveying, or landscapearchitecture involved in the operation of the employer'sbusiness only, and further provided that neither the employeenor the employer offers engineering, architecture, landsurveying, or landscape architecture services to the public;
ArizonaArkansasCalifornia32-144exclusions under this paragraph do not apply to buildings orstructures whose primary use is public occupancy.Exemptions and limitations; definition:6747C. The requirements of this chapter shall not apply to workdone by any communications common carrier or its affiliatesor any public service corporation or manufacturing industryor by full-time employees of any of them, provided suchwork is in connection with or incidental to the products,systems or nonengineering services of such communicationscommon carrier or its affiliates or public service corporationor manufacturing industry, and provided that the engineeringservice is not offered directly to the public.No industrial exemption found.Exemption for industries:a. This chapter, except for those provisions that apply to civilengineers and civil engineering, shall not apply to theperformance of engineering work by a manufacturing,mining, public utility, research and development, or otherindustrial corporation, or by employees of that corporation,provided that work is in connection with, or incidental to, theproducts, systems, or services of that corporation or itsaffiliates.Colorado12-25-103b. For purposes of this section, “employees” also includesconsultants, temporary employees, contract employees, andthose persons hired pursuant to third-party contracts.Exemptions:c. Partnerships, professional associations, joint stockcompanies, limited liability companies, or corporations, orthe employees of any such organizations, who performengineering services forthemselves or their affiliates.g. Individuals who are employed by and perform engineeringservices solely for a county, city and county, or municipality.ConnecticutSec. 20-309i. Individuals who are employed by and perform engineeringservices solely for the federal government.Exemptions:The following persons shall be exempt from the provisionsof this chapter:
2. Any corporation whose operations are under thejurisdiction of the Public Utilities Regulatory Authority andthe officers and employees of any such corporation or anycontracting corporation affiliated with any such corporation.3. Any manufacturing or scientific research and developmentcorporation and the officers and employees of any suchcorporation while engaged in the performance of theiremployment by such corporation, provided the engineeringwork performed by such corporation, officers and employeesshall be incidental to the research and development ormanufacturing activities of such corporation.DelawareDistrict ofColumbia§2803Section 472886.104. Officers and employees of the government of the UnitedStates while engaged within this state in the practice of theprofession of engineering or land surveying for saidgovernment.Definitions:25. Practice of engineering’ or ‘to practice engineering’includes any professional service performed for the generalpublic such as consultation, investigation, evaluation,planning, design, or responsible supervision of constructionor operation in connection with any public or privatebuildings, structures, utilities, machines, equipment,processes, works, or projectswherein the public welfare or the safeguarding of life, healthor property is concerned or involved when such professionalservice requires the application of engineering principles anddata, but itdoes not include the work ordinarily performed by personswho operate or maintain machinery or equipment, neitherdoes it include engineering services performed by anemployee of a firm or corporation that does not offerprofessional engineering services to the general public.Exemptions from part:7. The practice of engineering exclusively as an officer oremployee of a public utility corporation by rendering to suchcorporation such service in connection with its facilities andproperty which are subject to supervision with respect tosafety and security thereof by the Public ServiceCommission of the District of Columbia and so long as suchperson is thus actually and exclusively employed and nolonger; provided, however, that each such public utilitycorporation shall employ at least 1 registered professional
Florida471.003engineer who shall be in responsible charge of suchengineering work.Qualifications for practice; exemptions:c. Regular full-time employees of a corporation not engagedin the practice of engineering as such, whose practice ofengineering for such corporation is limited to the design orfabrication of manufactured products and servicing of suchproducts.Georgia§ 43-15-29j. Any defense, space, or aerospace company, whether a soleproprietorship, firm, limited liability company, partnership,joint venture, joint stock association, corporation, or otherbusiness entity, subsidiary, or affiliate, or any employee,contract worker, subcontractor, or independent contractor ofthe defense, space, or aerospace company who providesengineering for aircraft, space launch vehicles, launchservices, satellites, satellite services, or other defense, space,or aerospace-related product or services, or componentsthereof.Exceptions to operation of chapter:2. Officers and employees of the government of the UnitedStates while engaged within this state in the practice ofprofessional engineering or land surveying for suchgovernment.4. Officers and employees of the Department ofTransportation, except as required by Title 46, whileengaged within this state in the practice of professionalengineering or land surveying for such department.5. Any defense, aviation, space, or aerospace company. Asused in this paragraph, the term “company” shall mean anysole proprietorship, firm, limited liability company,partnership, joint venture, joint stock association,corporation, or other business entity and any subsidiary oraffiliate of such business entity.6. Any employee, contract worker, subcontractor, orindependent contractor who works for a defense, aviation,space, or aerospace company that is not required to belicensed under the provisions of this chapter pursuant toparagraph (5) of this subsection and who providesengineering for aircraft, space launch vehicles, or other
defense, aviation, space, or aerospace-related products orservices, or any components thereof.HawaiiIdahoIllinois§464-3c. This chapter shall not be construed as requiringregistration for the purpose of practicing professionalengineering or land surveying by an individual, firm, orcorporation on property owned or leased by such individual,firm, or corporation unless the same involves the publicsafety or public health or for theperformance of engineering which relates solely to thedesign or fabrication of manufactured products.Persons exempt from licensure:54-1223Persons practicing professional engineering, architecture,land surveying, or landscape architecture solely as officers oremployees of the United States shall be exempted from theprovisions of this chapter.Saving clause – Exemptions:Section 3f. The practice of engineering by employees of a businessentity as long as the services provided by them are forinternal business entity use only.Application of the Act; Exemptions:(e) Nothing in this Act shall prevent:(3) The practice of officers and employees of theGovernment of the United States while engaged within thisState in the practice of the profession of engineering for theGovernment.IndianaIC 25-31-120(4) Services performed by employees of a businessorganization engaged in utility, telecommunications,industrial, or manufacturing operations, or by employees oflaboratory research affiliates of such business organizationwhich are rendered in connection with the fabrication orproduction, sale, and installation of products, systems, ornonengineering services of the business organization or itsaffiliates.Exempt Persons:b. This chapter does not require registration for the purposeofpracticing engineering by an individual or a business:2. for the performance of engineering which relates solely to
Iowa542B.26the design or fabrication of manufactured products.Applicability of chapter:1. a. This chapter shall not apply to any full-time employeeof any corporation while doing work for that corporation,except in the case of corporations offering their services tothe public as professional engineers or professional landsurveyors.KansasKentucky74-7033322.0302. This chapter shall not apply to any professional engineeror professional land surveyor working for the United Statesgovernment, nor to any professional engineer or professionalland surveyor employed as an assistant to a professionalengineer or professional land surveyor licensed under thischapter if such assistant is not placed in responsible chargeof any work involving the practice of engineering or landsurveying work, nor to the operation or maintenance ofpower and mechanical plants or systems.Engineering; exemptions from requirements for licensure orcertification:c. Persons engaged in planning, drafting and designing ofproducts manufactured for resale to the public.Exceptions to KRS 322.020:2. The practice of engineering or land surveying by officersand employees of the United States government whileengaged in engineering or land surveying for thegovernment.4. An engineer or land surveyor engaged solely as an officeror employee of a privately owned public utility or of abusiness entity engaged in interstate commerce as defined inthe Interstate Commerce Act (24 Stat. 379) as amended.Louisiana§7016. The practice of engineering related solely to the design orfabrication of manufactured products. This exemption doesnot extend to site-specific engineering work for Kentuckylocations.Public and private work; application of provisions:C. This Chapter shall not apply to, affect, interfere with, or inany way regulate employees of firms engaged in industrialoperations, including but not limited to producing,processing,manufacturing, transmitting, distributing, or transporting,when performing services within the state of Louisiana in the
Maine§1255course and scope of the business of said firms or affiliatesthereof.Exemptions:4. Officers and employees of the Government of the UnitedStates while engaged within this State in the practice of theprofession of engineering for said government.Maryland§14–302MassachusettsSection 81RMichigan339.20125. An officer or employee of a corporation engaged ininterstate commerce as defined in the Act of Congressentitled "An Act to Regulate Commerce" approved February4, 1887, as amended, or in interstate communication asdefined in the Act of Congress entitled "CommunicationsAct of 1934" approved June 9, 1934, while working solely asan employee of such corporation. An officer or employee ofsuch corporation customarily in responsible charge of theengineering work of such corporation within this State mustbe a licensee under this chapter.(b) An officer or employee of a corporation may practiceengineering without a license if:(1) the corporation is engaged in:(i) manufacturing;(ii) industrial processes;(iii) industrial engineering; or(iv) maintenance and repair of structures or equipment usedin industrial processes or manufacturing.Nothing in said sections shall be construed to prevent or toaffect:g. the performance of engineering work or services byemployees of a corporation engaged in manufacturing,research or development operations, which work or servicesare performed in connection with the research ordevelopment activities of, or the manufacture, sale,installation, maintenance, repair or service of the products of,such corporation, or of its parents, affiliates or subsidiaries;provided, that such research or development activities whichare not related to the manufacture, sale, installation,maintenance, repair or service of the products of suchcorporation, or of its parents, affiliates or subsidiaries, arenot primarily in connection with the construction of fixedworks which are to be made available for use by the generalpublicPersons exempted:
(a) A professional engineer employed by a railroad or otherinterstate corporation, whose employment and practice isconfined to the property of the corporation.MinnesotaMississippi326.02(b) A designer of a manufactured product, if themanufacturer of the product assumes responsibility for thequality of the product.Limitation:§73-13-41Subd. 5. The provisions of sections 326.02 to 326.15 shallnot apply to the preparation of plans and specifications forthe erection, enlargement, or alteration of any building orother structure by any person, for that person's exclusiveoccupancy or use, unless such occupancy or use involves thepublic healthor safety or the health or safety of the employees of saidperson, or of the buildings listed in section 326.03,subdivision 2, nor to any detailed or shop plans required tobe furnished by a contractor to a registered engineer,landscape architect, architect, or certified interior designer,nor to any standardized manufactured product, nor to anyconstruction superintendent supervising the execution ofwork designed by an architect,landscape architect, engineer, or certified interior designerlicensed or certified in accordance with section 326.03, norto the planning for and supervision of the construction andinstallation of work by an electrical or elevator contractor ormaster plumber as defined in and licensed pursuant tochapter 326B, where suchwork is within the scope of such licensed activity and notwithin the practice of professional engineering, orarchitecture, or where the person does not claim to be acertified interior designer as defined in subdivision 2, 3, or4b.Applicability:1. Sections 73-13-1 through 73-13-45 shall not be construedto prevent or to affect:(c) The practice of officers and employees of the governmentof the United States while engaged within this state in thepractice of engineering for said government.(d) The performance of engineering services by any regularfull-time employee of a manufacturing, research anddevelopment, railroad or other industrial corporation.
Missouri327.191Montana37-67-1013. Any person engaged in engineering who is a full-time,regular employee of a person engaged in manufacturingoperations and which engineering so performed by suchperson relates to the manufacture, sale or installation of theproducts of such person, and does not affect the health,safety, and welfare of the public.Definitions:81-3453c. The term does not include the work ordinarily performedby persons who operate or maintain machinery or equipment,communication lines, signal circuits, electric powerlines, orpipelines.Practice of engineering; exempted activities:NebraskaNevada625.09511. Those services ordinarily performed by subordinatesunder direct supervision of a professional engineer or thosecommonly designated as locomotive, stationary, marineoperating engineers, power plant operating engineers, ormanufacturers who supervise the operation of or operatemachinery or equipment or who supervise constructionwithin their own plant.Applicability of chapter: Persons exempt from provisionsconcerning licensure:1. The following persons are exempt from the provisions ofthis chapter which require licensure:b. Officers and employees of the United States Governmentwho have qualified pursuant to federal regulations and havebeen authorized to do engineering for the FederalGovernment, but no such governmental officer or employeemay engage in the private practice of engineering in Nevadaunless licensed pursuant to the provisions of this chapter.2. The licensure requirements of this chapter do not apply to:NewHampshireNew Jersey310-A:27a. The employees of interstate or intrastate public utilitycompanies while they are engaged in work for thosecompanies.Exemptions:45:8-40III. The practice of officers and employees of thegovernment of the United States while engaged within thisstate in the practice of engineering for the federalgovernmentPersons Exempt:
The following shall be exempted from the provisions of thischapter:4. Officers and employees of the Government of the UnitedStates while engaged within this State in the practice ofprofessional engineering or land surveying, for saidgovernment.New MexicoNew York61-23-225. The practice of engineering or land surveying solely as anofficer or employee of a corporation engaged in interstatecommerce as defined in an act of Congress entitled "Act toregulate commerce," approved February 4, 1887, and asamended, unless the same affects public safety or health.ENGINEERING – EXEMPTIONS:§7208B. An engineer employed by a firm, association orcorporation who performs only the engineering servicesinvolved in the operation of the employer's business shall beexempt from the provisions of the Engineering andSurveying Practice Act, provided that neither the employeenor the employer offers engineering services to the public.Exempt persons:j. The practice of engineering or land surveying or having thetitle "engineer" or "surveyor" solely as an officer or anemployee of a corporation engaged in interstate commerce.k. The practice of engineering by a manufacturingcorporation or by employees of such corporation, or use ofthe title "engineer" by such employees, in connection with orincidental to goods produced by, or sold by, ornonengineering services rendered by, such corporation or itsmanufacturing affiliates.l. The practice of engineering or land surveying, or using thetitle "engineer" or "surveyor"(i) exclusively as an officer or employee of a public servicecorporation by rendering to such corporation such services inconnection with its lines and property which are subject tosupervision with respect to the safety and security thereof bythe public service commission of this state, the interstatecommerce commission or other federal regulatory body andso long as such person is thus actually and exclusivelyemployed and no longer, or
North Carolina§ 89C-25(ii) exclusively as an officer or employee of the Long Islandpower authority or its service provider, as defined undersection three-b of the public service law, by rendering tosuch authority or provider such services in connection withits lines and property which are located in such authority'sservice area and so long as such person is thus actually andexclusively employed and no longer.Limitations on application of Chapter:This Chapter shall not prevent the following activities:6. Practice by members of the Armed Forces of the UnitedStates; employees of the government of the United Stateswhile engaged in the practice of engineering or landsurveying solely for the government on government ownedworks and projects; or practice by those employees of theNatural Resources Conservation Service, county employees,or employees of theSoil and Water Conservation Districts who have federalengineering job approval authority that involves theplanning, designing, or implementation of best managementpractices on agricultural lands.8. (ii) the performance of internal engineering or surveywork by amanufacturing or communications common carrier company,or by a research and development company, or by employeesof those corporations provided that the work is in connectionwith, or incidental to products of, or nonengineering servicesrendered by those corporations or their affiliates.North Dakota43-19.1-299. The routine maintenance or servicing of machinery,equipment, facilities or structures, the work of mechanics inthe performance of their established functions, or theinspection or supervision of construction by a foreman,superintendent, or agent of the architect or professionalengineer, or servicesof an operational nature performed by an employee of alaboratory, a manufacturing plant, a public servicecorporation, or governmental operation.Exemption clause:This chapter does not prevent or affect:4. The practice of engineering or land surveying by anyindividual regularly employed to perform engineering
services solely for that individual's employer or for asubsidiary or affiliated corporation or limited liabilitycompany of that individual's employer, providing theservices performed are in connection with the property,products, or services of that individual's employer, unless theboard determines the property, products, orservices are of a unique type requiring registration to protectthe public.Ohio4733.185. The performance of work ordinarily performed by aperson that operates or maintains machinery or equipment.Temporary registration; exceptions:B. (1) The following persons are exempt from this chapter:b. Officers and employees of the government of the UnitedStates while engaged within this state in the practice ofengineering or surveying, for that government.c. An engineer engaged solely as an officer of a privatelyowned public utility.OklahomaOregon672.060(2) This chapter does not require registration for the purposeof practicing professional engineering, or professionalsurveying by an individual, firm, or corporation on propertyowned or leased by that individual, firm, or corporationunless the same involves the public welfare or thesafeguarding of life, health, or property, or for theperformance of engineering or surveying which relates solelyto the design or fabrication of manufactured products.No industrial exemption found.Exceptions to application of ORS 672.002 to 672.325:6. The performance of engineering work by a person, or byfull-time employees of the person, provided:a. The work is in connection with or incidental to theoperations of the person; andPennsylvaniaSection 5b. The engineering work is not offered directly to the public.Exemption from Licensure and Registration:c. The practice of engineering, land surveying or geology byofficers and employees of the United States Government forthesaid government.
d. Except as otherwise provided in subsection (g) of thissection,the practice of engineering or land surveying by a regularemployee of a public utility company, as defined by thePublicUtility Code (66 Pa.C.S. § 101 et seq.) in connection withthefacilities of such public utility, which are subject toregulation bythe Pennsylvania Public Utility Commission: Provided, Thatsuchpublic utility shall employ at least one professional engineer,as defined in this act, who shall be in responsible charge ofsuch utility’s engineering work and shall employ at least oneprofessional land surveyor, as defined in this act, who shallbe inresponsible charge of such utility’s land surveying.Rhode Island§ 5-8-21g. The practice of engineering, land surveying or geologyworkby a manufacturing, mining, communications commoncarrier,research and development or other industrial corporation orby employees of such corporation, provided such work is inconnection with or incidental to products of, or nonengineeringservices rendered by, such corporation or its affiliates.Exemptions:4. Federal employees. The practice by officers andemployees of the government of the United States whileengaged within this state in the practice of engineering forthat government; provided, that no right to practiceengineering accrues to those persons as to any otherengineering work. The rights to registration after leavinggovernment employment shall not be granted except underthe provisions established under § 5-8-11.5. Railroad, telephone, telegraph, and other public utilitycompanies. The practice of engineering, as prescribed in thischapter, by railroad, telephone, telegraph, and other publicutility companies, and their officers and employees whileengaged in the work of those companies in this state;provided, that the practice is carried on under the responsiblecharge of an engineer or engineers in this state, or in any
other state under requirements equivalent to those prescribedin this chapter; and provided, that no right to practiceengineering accrues to any unregistered person as to anyother engineering work.6. Manufacturing corporations. The practice of engineering,as prescribed in this chapter, by manufacturing corporations,and their officers and employees while engaged inmanufacturing, research and development activities for thosecorporations.South Carolina40-22-2807. Research and development corporations. The practice ofengineering, as prescribed in this chapter, by research anddevelopment corporations, and their officers and employeeswhile engaged in research and development activities for thatcorporation.Exceptions from application of chapter:3. the engineering work of regular employees of thegovernment of the United States officially performing theirduties for their employer on federal lands within this State, inthe practice of engineering for the government, and wherespecified by federal statute.5. the work or practice of a regular employee of a publicutility, a telephone utility, or an electrical utility by renderingto the employing company engineering service in connectionwith its facilities which are subject to regulation,supervision, and control in order to safeguard life, health,and property by the Public Service Commission of this State,so long as the person is actually and exclusively employed.Engineering work not related to the exemption in this itemwhere the safety of the public is directly involved must beaccomplished by or under the responsible charge of aprofessional engineer.6. the work or practice of a regular employee of an electriccooperative, when rendering to the employing cooperativeengineering service in connection with its facilities which aresubject to regulations and inspections of the Rural ElectricAdministration, if the person is actually and exclusivelyemployed. Engineering work not related to the exemption inthis item where the safety of the public is directly involvedmust be accomplished by or under the responsible charge ofa professional engineer.
7. the work or practice of a regular employee of a stateauthority which is licensed by and subject to the safetyregulations of the Federal Energy Regulatory Commissionand which sells and distributes electric power to consumers,so long as the person is actually and exclusively employed.Engineering work not related to the exemption in this itemwhere the safety of the public is directly involved must beaccomplished by or under the responsible ch
the public as professional engineers or professional land surveyors. 2. This chapter shall not apply to any professional engineer or professional land surveyor working for the United States government, nor to any professional engineer or professional land surveyor em
