225 ILCS 52/ Industrial Hygienists Licensure Act.

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225 ILCS 52/1

(225 ILCS 52/1)

Sec. 1.

Short title.

This Act may be cited as the Industrial Hygienists Licensure Act.

(Source: P.A. 88‑414.)

225 ILCS 52/5

(225 ILCS 52/5)

Sec. 5.

Public policy.

Due to the increasing problems relating to
chemical exposure, toxic substances, air pollution, hazardous waste, radon,
lead poisoning, radiation, and related health and environmental problems, it is
hereby declared necessary to protect the public health and safety from harm by
regulating the profession of industrial hygiene.

(Source: P.A. 88‑414.)

225 ILCS 52/10

(225 ILCS 52/10)

Sec. 10.

Definitions.

For purposes of this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Industrial Hygiene Examining Board.

"Certified industrial hygienist" means on individual who has been granted a
certificate as a Certified Industrial Hygienist by the American Board of
Industrial Hygiene.

"Director" means the Director of the Environmental Protection Agency.

"Industrial hygiene" means providing services in which the
sciences are applied with the aid of quantitative measurement techniques in the
control of physical, chemical, and biological factors that cause illness,
injury, impaired health, or inefficiency among employees and the public.

"Industrial hygiene profession" means the providing of services by a licensed
industrial hygienist in which the mathematical and natural sciences are applied
with quantitative measurement techniques in the anticipation, recognition,
evaluation, and control of physical, chemical, and biological stresses that
cause or may cause illness, injury, impaired health and well‑being, or
significant discomfort and inefficiency among workers and the public.

"Industrial hygienist‑in‑training" means an individual who has been granted a
certificate as an Industrial hygienist‑in‑training by the American Board of
Industrial Hygiene.

(Source: P.A. 88‑414.)

225 ILCS 52/15

(225 ILCS 52/15)

Sec. 15.

License; renewal.

To safeguard the welfare, health,
and safety of the people of Illinois, no person may represent
herself or himself as a licensed industrial hygienist, unless the
person is licensed as an industrial hygienist under this Act.  The
industrial hygienist license shall be valid for 2 years.  The
Agency shall establish, by rule, standards and procedures for
license renewal.

(Source: P.A. 88‑414.)

225 ILCS 52/20

(225 ILCS 52/20)

Sec. 20.

Exemptions.

This Act does not prohibit:

(1) Any persons legally regulated in this State under any other Act
from engaging in the practice for which they are authorized, provided that
they do not represent themselves by any title as being engaged in industrial
hygiene as defined in this Act, nor does it prohibit the practice of
nonregulated professions whose practitioners are engaged in the delivery of
industrial hygiene services as long as these practitioners do not represent
themselves as or use the title of "licensed industrial hygienist".

(2) The profession of industrial hygiene by a person employed by the
United States government or by the State of Illinois, a unit of local
government, or any bureau, division, or agency thereof while in the
discharge of the employee's duties.

(3) A student pursuing a course of professional education under the terms of
this Act, if these activities and services constitute a part of the student's
supervised course of study.

(4) The practice of industrial hygiene by a person licensed under the
Professional Engineering Practice Act of 1989 or a person licensed under the
Architecture Practice Act of 1989.

(5) Industrial hygiene services performed by an individual who is an
industrial hygienist‑in‑training.

(Source: P.A. 88‑414.)

225 ILCS 52/25

(225 ILCS 52/25)

Sec. 25.

Qualifications for license as a licensed industrial hygienist.

A person shall be qualified to be licensed as a licensed industrial hygienist
and the Agency shall issue a license authorizing the profession of industrial
hygiene to an applicant who meets all of the following:

(1) Has applied in writing on the prescribed form.

(2) Is of good moral character. Any felony

conviction of the applicant shall be considered in a determination of moral character, but such a conviction shall not operate as a bar to registration for examinations.

(3) Demonstrates to the satisfaction of the Agency

that the candidate:

(a) has a bachelor's degree in the physical or

biological sciences or industrial hygiene from an undergraduate program approved by the Agency and has completed at least 5 years of professional experience as established by rule; or

(b) has a master's degree in industrial hygiene

from a graduate program approved by the Agency and has successfully completed at least 4 years of professional experience as established by rule; or

(c) has a doctorate degree in industrial hygiene

from a graduate program approved by the Agency and has successfully completed at least 3 years of professional experience as established by rule.

(4) Has passed the examination authorized by the

Agency for the practice of industrial hygiene as a licensed industrial hygienist.  The Agency may recognize a certified industrial hygienist certificate granted by the American Board of Industrial Hygiene in lieu of the examination.

(5) Has paid the required fees.

(6) Has met the requirements under Section 50.

(Source: P.A. 88‑414.)

225 ILCS 52/30

(225 ILCS 52/30)

Sec. 30.

Fees.

All fees established under this Act are nonrefundable.

(1) The fee for an application for a license is $100.

(2) All applicants for an examination shall pay either to the Agency or to
the designated testing service a fee covering the cost of providing the
examination.

(3) The fee for the renewal of a license is $25 per year.

(4) The fee for the issuance of a duplicate license, for the issuance of a
replacement license that has been lost or destroyed, or for issuance of a
license with a change of name and address, other than during the renewal period
is $25.

(5) The fee for a roster of persons licensed as industrial hygienists is the
actual cost of producing the roster.

(6) The fee for a wall certificate of licensure is the actual cost of
producing the certificate.  The Agency is empowered, by rule, to adjust the
fees set forth in this Section to cover the actual costs of administration and
enforcement.  All moneys collected shall be placed in a special fund created in
the State Treasury known as the Industrial Hygiene Regulatory and Enforcement
Fund which is hereby created.  All expenses for the administration and
enforcement of these provisions shall be made from this Fund.

(Source: P.A. 88‑414.)

225 ILCS 52/35

(225 ILCS 52/35)

Sec. 35.

Industrial Hygiene Examining Board.

(1) The Director shall appoint an Industrial Hygiene Examining  Board
consisting of 5 persons who shall serve in an advisory capacity to the
Director.  The Board shall be composed of 4 certified or licensed industrial
hygienists, one of whom shall serve as the chairperson, and one member of the
public who is not regulated under this Act or a similar Act and who clearly
represent consumer interests.

(2) Members shall serve for a term of 4 years and until their successors
are appointed and qualified, except for the initial appointments. Of the
initial appointments one member shall be appointed for one year, one shall be
appointed to serve 2 years, one shall be appointed to serve 3 years, and 2
shall be appointed to serve for 4 years, and until their successors are
appointed and qualified.  No member shall be reappointed if that reappointment
would cause that person's service on the Board to be longer than 8 successive
years. Appointments to fill vacancies for the unexpired portion of a vacated
term shall be made in the same manner as original appointments. Initial terms
shall begin 30 days after the effective date of this Act.

(3) The Director may terminate the appointment of any member for cause
set forth in writing which, in the opinion of the Director, justifies
termination.

(4) The Director shall consider the recommendation of the Board on all
matters and questions relating to this Act.

(5) The Board is charged with the duties and responsibilities of
recommending to the Director the adoption of all policies, procedures, and
rules which may be required or deemed advisable in order to perform the
duties and functions conferred on the Board, the Director, and the
Department to carry out the provisions of this Act.

(Source: P.A. 88‑414.)

225 ILCS 52/40

(225 ILCS 52/40)

Sec. 40.

Penalties.

The Agency is authorized to establish, by rule,
procedures and conditions when a license may be suspended or revoked and that
would authorize the Agency to impose reasonable fines on industrial hygienists
who have proven to have endangered the safety of any employee or the public.
All fines collected shall be deposited into the Industrial Hygiene Regulatory
and Enforcement Fund.  After one year following the effective date of this
Act, persons identifying themselves as licensed industrial hygienists who are
not licensed under this Act are guilty of a Class A misdemeanor.

(Source: P.A. 88‑414.)

225 ILCS 52/45

(225 ILCS 52/45)

Sec. 45.

Administrative review.

(a) Before suspending, revoking, or refusing to issue a license which has
been issued under this Act, the Agency shall provide the license holder or
applicant an opportunity for hearing.

(b)(1) All final administrative decisions of the Agency hereunder shall be
subject to judicial review pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant thereto.  The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.

(2) Such proceedings for judicial review shall be commenced in the
circuit court for Sangamon County.  The venue shall be in Sangamon County.

(3) The Agency shall not be required to certify any record to the
court or file any answer in court or otherwise appear in any court in a
judicial review proceeding, unless there is filed in the court with the
complaint a receipt from the Agency acknowledging payment of the costs of
furnishing and certifying the record which costs shall be computed at the
rate of 20 cents per page of such record.  Exhibits shall be certified
without cost.  Failure on the part of the Plaintiff to file such receipt in
court shall be grounds for dismissal of actions.

(Source: P.A. 88‑414.)

225 ILCS 52/50

(225 ILCS 52/50)

(Section scheduled to be repealed in accordance with P.A. 88‑414)

Sec. 50.

Implementation; transitional period; temporary status; fees.

Within 90 days from the date this Section takes effect, all individuals
required to be licensed under this Act shall register with the Agency.  A
nonrefundable registration fee of $100 is required at the time of
registration.  All fees shall be deposited into the Industrial Hygiene
Regulatory and Enforcement Fund and shall be appropriated to the Agency for the
implementation of this Act.  The registration fee is in addition to all other
fees that may be required under this Act.

This Section is repealed 6 months after the effective date of this Act.

(Source: P.A. 88‑414.)

225 ILCS 52/95

(225 ILCS 52/95)

Sec. 95.

(Amendatory provisions; text omitted).

(Source: P.A. 88‑414; text omitted.)

225 ILCS 52/100

(225 ILCS 52/100)

Sec. 100.

(Amendatory provisions; text omitted.)

(Source: P.A. 88‑414; text omitted.)

225 ILCS 52/199

(225 ILCS 52/199)

Sec. 199.

This Act takes effect January 1, 1994, except Sections 50 and 100
take effect upon this Act becoming law.

(Source: P.A. 88‑414.)