In North America, “engineer” doesn’t necessarily mean a software engineer with a professional certification. Software developers have taken to calling themselves engineers. Whether engineering professional bodies should start going after people for this or not is a different topic.
But it’s entirely possible for someone who calls themselves an engineer to not actually be a certified engineer. So the activity wouldn’t be regulated because the person isn’t part of a professional body that regulates members.
In that case, lack of competence would be a civil issue unless it resulted in something criminal.
"Professional Engineer" is a protected title that requires licensing to be used for a discipline. That licensing process does not exist for software in the US right now.