Draft bill 413.

Summary.

The draft bill proposes to regulate the practice of engineering, architecture and related disciplines in Panama, addressing professional qualifications, ethics, safety, transparency and the protection of public and private property. It would apply to professionals and technicians performing those functions and to companies providing those services. The Engineering and Architecture Technical Board (JTIA) would recognize specialties and regulate the functions of building technicians and related disciplines, without allowing their scope of practice to exceed that of qualified professionals. Qualified electronic signatures would be recognized for signing plans, reports and technical documents. Legal entities would need valid JTIA registration and at least one qualified professional in charge.

The JTIA could adopt international standards compatible with Panamanian law, including ISO, NFPA and the National Electrical Code (NEC), without changing professional scopes of practice. Existing technical resolutions would continue to apply insofar as they do not conflict with the reform. Professionals and companies would have 12 months from its enactment to meet the new requirements.

On professional ethics, the bill regulates the conduct of everyone registered with the JTIA. It requires honesty, confidentiality, professional cooperation and technical updating, and prohibits commissions, bribes, unlawful incentives, and misleading or unfair advertising. Qualified professionals could sign only documents they prepared or supervised. They would have to work within their authorized field, address environmental and heritage sustainability, and report serious irregularities. Ethical breaches could lead to a reprimand, fine, temporary suspension or permanent revocation of professional authorization through a procedure providing due process, an impartial investigation and a public record of sanctions. The Code of Ethics would be reviewed every 5 years in light of SPIA principles and international standards. Mandatory continuing education would cover professional ethics; failure to comply could result in temporary suspension.

The draft bill provides for the same categories of administrative sanctions for breaches of the law or the Code of Ethics. It establishes civil compensation for harm caused by negligence, omission, error or failure to comply with technical standards, as well as professional insurance when required. It sets distinct fines and prison terms for unlawful practice, falsification of qualifications or professional authorization, and gross or reckless negligence. Professional fraud and corruption are addressed by reference to the Criminal Code (Código Penal). Criminal penalties could be imposed alongside civil and administrative sanctions. The JTIA would serve as a technical advisory body to judicial authorities and keep a public record of sanctioned cases.

Continuing education would be required to maintain professional authorization. An updated digital register would cover professionals, companies, specialties and sanctions. For construction permits, the JTIA would verify professional qualifications, while municipalities would check signed plans and documents, respecting municipal powers and construction, urban planning and public safety rules. The bill links qualified electronic signatures to Law 51 of 2008 (Ley 51 de 2008) and JTIA resolutions. The reform would take effect 90 days after publication. Its provisions concern the JTIA, municipalities and judicial authorities, as well as professionals, technicians, engineering and architecture service companies, and the construction sector.