AI Answers the Question We’ve All Been Asking!

Written by: Leslie Babcock, CLCS, Holmes Murphy

As Artificial Intelligence (AI) continues to evolve, it has become a large topic of conversation in the design industry. In our risk management specialist position, the Holmes Murphy AE team often receives the question: “How will AI utilization affect the Standard of Care?” Well, who better to ask about the Standard of Care than an AI Chatbot? The following question was asked of DeepAI.org:

“What is the Standard of Care for an Engineer using Artificial Intelligence in Wisconsin?”

In Wisconsin, the standard of care for an engineer using artificial intelligence (AI) is not explicitly defined in a single law or regulation. However, there are several sources that can provide guidance on the standard of care:

1. Wisconsin Statutes: The Wisconsin Statutes do not specifically mention AI or machine learning, but they do regulate the practice of engineering and the use of technology. For example, Wis. Stat. § 443.11(2) requires engineers to "exercise reasonable care and diligence" in their professional work.
2. Wisconsin Administrative Code: The Wisconsin Administrative Code, specifically Chs. Eng 8-12, outlines the rules and regulations for the practice of engineering in Wisconsin. While AI is not explicitly mentioned, these rules provide guidance on the standard of care for engineers in general.
3. Professional Engineer Licensing: In Wisconsin, professional engineers (PEs) must meet certain education, experience, and examination requirements to obtain licensure. The Wisconsin Department of Safety and Professional Services (DSPS) regulates the licensing of PEs, which includes ensuring that they meet the standard of care.
4. Engineering Ethics: The Wisconsin Society of Professional Engineers (WSPE) Code of Ethics provides guidance on the ethical principles that engineers should follow in their practice, including honesty, integrity, and fairness. While not specifically addressing AI, these principles can be applied to the use of AI in engineering.
5. Industry Standards and Best Practices: Many industry organizations, such as the National Institute of Standards and Technology (NIST), the Institute of Electrical and Electronics Engineers (IEEE), and the Association for Advancement of Artificial Intelligence (AAAI), have published guidelines and best practices for the development and use of AI systems.

Considering these sources, the standard of care for an engineer using artificial intelligence in Wisconsin can be summarized as follows:

1. Reasonable Care: Engineers must exercise reasonable care and diligence in their work, including when using AI systems.
2. Professional Judgment: Engineers must use their professional judgment to assess the reliability and accuracy of AI systems and data used in their work.
3. Testing and Validation: Engineers must test and validate AI systems to ensure they are functioning correctly and producing reliable results.
4. Transparency: Engineers must be transparent about their use of AI systems, including their limitations and potential biases.
5. Continuous Improvement: Engineers must continually update their knowledge and skills to keep pace with advancements in AI technology.
6. Collaboration: Engineers must collaborate with other professionals, including data scientists, IT experts, and other stakeholders, to ensure that AI systems are integrated effectively into their work.

By following these guidelines and best practices, engineers in Wisconsin can ensure that they are meeting the standard of care when using artificial intelligence in their work.

We asked an AI Chatbot this same question just a few months ago and were shocked at how much more helpful the response was this time. Perhaps we should begin asking “when will the use of AI become part of the standard of care?” rather than “how will AI affect the standard of care.” Are you seeking ways your firm could utilize AI? We have yet to see a claim associated with the use of AI to date, but that does not mean it cannot happen. 

CAN WE BE OF ASSISTANCE?

Holmes Murphy’s Architects/Engineers Team specializes in risk management and insurance brokerage services for Design Firms. Please contact us for assistance. We’re a member of the Professional Liability Agents Network (PLAN). We’re here to help.