State of Illinois
92nd General Assembly

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]



 1        AN ACT concerning the regulation of professions.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Professional Engineering Practice Act of
 5    1989 is amended by changing Sections 4, 5, 8, 9, 12, 14,  15,
 6    24, and 39 as follows:

 7        (225 ILCS 325/4) (from Ch. 111, par. 5204)
 8        Sec. 4.  Definitions.  As used in this Act:
 9        (a)  "Approved    engineering    curriculum"   means   an
10    engineering curriculum or program of 4 academic years or more
11    which meets the standards established by  the  rules  of  the
12    Department.
13        (b)  "Board"   means  the  State  Board  of  Professional
14    Engineers  of  the  Department  of  Professional  Regulation,
15    previously known as the Examining Committee.
16        (c)  "Department" means the  Department  of  Professional
17    Regulation.
18        (d)  "Design professional" means an architect, structural
19    engineer  or  professional engineer practicing in conformance
20    with the Illinois Architecture  Practice  Act  of  1989,  the
21    Structural   Engineering   Practice   Act   of  1989  or  the
22    Professional Engineering Practice Act of 1989.
23        (e)  "Director"  means  the  Director   of   Professional
24    Regulation.
25        (f)  "Direct  supervision/responsible  charge" means work
26    prepared  under  the  control  of  a  licensed   professional
27    engineer  or that work as to which that professional engineer
28    has detailed professional knowledge.
29        (g)  "Engineering  college"  means  a  school,   college,
30    university,  department  of a university or other educational
31    institution, reputable and in  good  standing  in  accordance
                            -2-                LRB9205706LBmg
 1    with  rules  prescribed  by  the Department, and which grants
 2    baccalaureate degrees in engineering.
 3        (h)  "Engineering system or facility" means a  system  or
 4    facility  whose  design  is based upon the application of the
 5    principles of science for  the  purpose  of  modification  of
 6    natural states of being.
 7        (i)  "Engineer  intern" means a person who is a candidate
 8    for licensure as a professional engineer  and  who  has  been
 9    enrolled as an engineer intern.
10        (j)  "Enrollment"  means  an  action by the Department to
11    record  those  individuals   who   have   met   the   Board's
12    requirements for an engineer intern.
13        (k)  "License"  means  an official document issued by the
14    Department to an individual, a corporation, a partnership,  a
15    professional   service   corporation,   a  limited  liability
16    company, or a sole proprietorship,  signifying  authority  to
17    practice.
18        (l)  "Negligence   in   the   practice   of  professional
19    engineering" means the failure to  exercise  that  degree  of
20    reasonable   professional   skill,   judgment  and  diligence
21    normally rendered by professional engineers in  the  practice
22    of professional engineering.
23        (m)  "Professional  engineer"  means  a  person  licensed
24    under   the  laws  of  the  State  of  Illinois  to  practice
25    professional engineering.
26        (n)  "Professional engineering" means the application  of
27    science  to  the design of engineering systems and facilities
28    using  the  knowledge,  skills,  ability   and   professional
29    judgment    developed    through   professional   engineering
30    education, training and experience.
31        (o)  "Professional  engineering   practice"   means   the
32    consultation   on,   conception,  investigation,  evaluation,
33    planning, and design  of,  and  selection  of  materials  and
34    methods   to  be  used  in,  administration  of  construction
                            -3-                LRB9205706LBmg
 1    contracts for, or site observation of, an engineering  system
 2    or    facility,    where   such   consultation,   conception,
 3    investigation,  evaluation,  planning,   design,   selection,
 4    administration,  or  observation requires extensive knowledge
 5    of  engineering  laws,  formulae,  materials,  practice,  and
 6    construction  methods.   A  person  shall  be  construed   to
 7    practice  or  offer  to  practice  professional  engineering,
 8    within  the meaning and intent of this Act, who practices, or
 9    who, by verbal claim, sign, advertisement, letterhead,  card,
10    or  any  other  way,  is  represented  to  be  a professional
11    engineer, or through the use of the initials  "P.E."  or  the
12    title  "engineer"  or  any  of  its derivations or some other
13    title implies licensure as a professional engineer, or  holds
14    himself   out  as  able  to  perform  any  service  which  is
15    recognized as professional engineering practice.
16        Examples of  the  practice  of  professional  engineering
17    include,   but   need   not  be  limited  to,  transportation
18    facilities and publicly  owned  utilities  for  a  region  or
19    community,  railroads,  railways,  highways, subways, canals,
20    harbors,  river  improvements;  irrigation  works;  aircraft,
21    airports and landing fields; waterworks, piping  systems  and
22    appurtenances,  sewers, sewage disposal works; plants for the
23    generation of power; devices for the  utilization  of  power;
24    boilers;  refrigeration  plants, air conditioning systems and
25    plants;  heating  systems  and   plants;   plants   for   the
26    transmission  or  distribution  of  power;  electrical plants
27    which produce, transmit, distribute,  or  utilize  electrical
28    energy;  works for the extraction of minerals from the earth;
29    plants for the refining,  alloying  or  treating  of  metals;
30    chemical  works  and  industrial  plants involving the use of
31    chemicals and chemical processes; plants for the  production,
32    conversion,  or  utilization of nuclear, chemical, or radiant
33    energy;  forensic   engineering,   geotechnical   engineering
34    including,  subsurface  investigations;  soil classification,
                            -4-                LRB9205706LBmg
 1    geology and  geohydrology,  incidental  to  the  practice  of
 2    professional   engineering;  energy  analysis,  environmental
 3    design, hazardous waste mitigation and control;  recognition,
 4    measurement,  evaluation and control of environmental systems
 5    and emissions; automated building management systems; or  the
 6    provision of professional engineering site observation of the
 7    construction  of  works  and  engineering  systems.   Nothing
 8    contained  in  this  Section  imposes  upon a person licensed
 9    under this Act the responsibility for the performance of  any
10    of  the  foregoing  functions unless such person specifically
11    contracts to provide it.
12        (p)  "Project  representative"  means  the   professional
13    engineer's  representative at the project site who assists in
14    the administration of the construction contract.
15        (q)  "Registered"  means  the  same  as  "licensed"   for
16    purposes of this Act.
17        (r)  "Related  science curriculum" means a 4 year program
18    of study, the satisfactory completion of which results  in  a
19    Bachelor  of  Science degree, and which contains courses from
20    such areas as life, earth, engineering and computer sciences,
21    including but not limited to, physics and chemistry.  In  the
22    study   of  these  sciences,  the  objective  is  to  acquire
23    fundamental knowledge about  the  nature  of  its  phenomena,
24    including  quantitative expression, appropriate to particular
25    fields of engineering.
26        (s)  "Rules" means those rules  promulgated  pursuant  to
27    this Act.
28        (t)  "Seal"  means the seal in compliance with Section 14
29    of this Act.
30        (u)  "Site observation" is visitation of the construction
31    site for the purpose of reviewing, as available, the  quality
32    and  conformance  of the work to the technical submissions as
33    they relate to design.
34        (v)  "Support design professional" means  a  professional
                            -5-                LRB9205706LBmg
 1    engineer  practicing  in  conformance  with  the Professional
 2    Engineering Practice Act of 1989, who  provides  services  to
 3    the design professional who has contract responsibility.
 4        (w)  "Technical submissions" means designs, drawings, and
 5    specifications  which  establish  the standard of quality for
 6    materials,  workmanship,  equipment,  and  the   construction
 7    systems, studies, and other technical reports prepared in the
 8    course of a design professional's practice.
 9    (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
10    10-7-99.)

11        (225 ILCS 325/5) (from Ch. 111, par. 5205)
12        Sec. 5.  Powers and duties of the Department.  Subject to
13    the provisions of this Act, the Department shall exercise the
14    following functions, powers and duties:
15        (a)  To   pass   upon   the  qualifications  and  conduct
16    examinations of  applicants  for  licensure  as  professional
17    engineers or enrollment as engineer interns and pass upon the
18    qualifications  of  applicants  by  endorsement  and  issue a
19    license or enrollment to those who are found to  be  fit  and
20    qualified;
21        (b)  To  prescribe  rules  for  the  method,  conduct and
22    grading of the examination of applicants;
23        (c)  To license corporations, partnerships,  professional
24    service  corporations,  limited liability companies, and sole
25    proprietorships for the practice of professional  engineering
26    and issue a license to those who qualify;
27        (d)  To  conduct  investigations  and  hearings regarding
28    violations of this Act and take disciplinary or other actions
29    as provided in this Act as a result of the proceedings;
30        (e)  To prescribe rules as to what  shall  constitute  an
31    engineering or related science curriculum and to determine if
32    a  specific  engineering curriculum is in compliance with the
33    rules,  and  to  terminate  the  approval   of   a   specific
                            -6-                LRB9205706LBmg
 1    engineering curriculum for non-compliance with such rules;
 2        (f)  To  promulgate rules required for the administration
 3    of this Act, including rules of professional conduct;
 4        (g)  To maintain membership in the  National  Council  of
 5    Examiners  for  Engineering  and Surveying and participate in
 6    activities of the Council by designation of  individuals  for
 7    the various classifications of membership, the appointment of
 8    delegates for attendance at zone and national meetings of the
 9    Council,  and  the funding of the delegates for attendance at
10    the meetings of the Council; and
11        (h)  To obtain written  recommendations  from  the  Board
12    regarding  qualifications  of  individuals  for licensure and
13    enrollment, definitions of curriculum content and approval of
14    engineering curricula, standards of professional conduct  and
15    formal  disciplinary  actions,  and  the  promulgation of the
16    rules affecting these matters;.
17        (i)  To publish and distribute, at least semi-annually, a
18    newsletter to all persons licensed and registered under  this
19    Act.
20        Prior  to  issuance  of  any final decision or order that
21    deviates from any report  or  recommendations  of  the  Board
22    relating  to  the  qualification of applicants, discipline of
23    licensees or  registrants,  or  promulgation  of  rules,  the
24    Director   shall   notify   the  Board  in  writing  with  an
25    explanation of any such deviation and  provide  a  reasonable
26    time for the Board to submit written comments to the Director
27    regarding  the  proposed action.  In the event that the Board
28    fails or declines to submit such written comments  within  30
29    days  of  said  notification,  the Director may issue a final
30    decision or orders consistent with  the  Director's  original
31    decision.   The  Department  may  at any time seek the expert
32    advice and knowledge of the Board on any matter  relating  to
33    the enforcement of this Act.
34        None  of  the  functions,  powers or duties enumerated in
                            -7-                LRB9205706LBmg
 1    this Section shall be exercised by the Department except upon
 2    the action and report in writing of the Board.
 3    (Source: P.A. 91-92, eff. 1-1-00.)

 4        (225 ILCS 325/8) (from Ch. 111, par. 5208)
 5        Sec. 8.  Applications for licensure.
 6        (a)  Applications for licensure shall  (1)  be  on  forms
 7    prescribed  and  furnished  by  the  Department,  (2) contain
 8    statements made under oath showing the applicant's  education
 9    and a detailed summary of the applicant's technical work, and
10    (3) contain references as required by the Department.
11        (b)  Applicants  shall  have  obtained  the education and
12    experience as required in Section 10 or Section 11  prior  to
13    submittal  of application for examination, except as provided
14    in subsection (b)  of Section 11. Allowable experience  shall
15    commence at the date of the baccalaureate degree, except:
16             (1)  Credit  for  one  year  of  experience shall be
17        given  for  a  graduate  of  a  baccalaureate  curriculum
18        providing a  cooperative  program,  which  is  supervised
19        industrial  or  field experience of at least one academic
20        year which alternates with periods of full-time  academic
21        training,   when   such   program  is  certified  by  the
22        university, or
23             (2)  Partial  credit  may   shall   be   given   for
24        professional  engineering  experience  as defined by rule
25        for employment prior to receipt of a baccalaureate degree
26        if the employment is full-time  while  the  applicant  is
27        takes  8  or  more  years  (16  semesters  or 24 quarters
28        minimum) as a part-time  student  taking  fewer  than  12
29        hours  per  semester  or  8 hours per quarter to earn the
30        degree  concurrent   with   the   full-time   engineering
31        experience employment.
32             (3)  If   an  applicant  files  an  application  and
                            -8-                LRB9205706LBmg
 1        supporting documents containing a  material  misstatement
 2        of  information or a misrepresentation for the purpose of
 3        obtaining licensure or  enrollment  or  if  an  applicant
 4        performs any fraud or deceit in taking any examination to
 5        qualify  for  licensure or enrollment under this Act, the
 6        Department may issue a rule of intent to  deny  licensure
 7        or  enrollment  and  may  conduct a hearing in accordance
 8        with Sections 26 through 33 and Sections  37  and  38  of
 9        this Act.
10        The  Board  may  conduct oral interviews of any applicant
11    under Sections 10, 11, or 19 to assist in the  evaluation  of
12    the qualifications of the applicant.
13        It  is  the responsibility of the applicant to supplement
14    the application, when requested by the Board, by provision of
15    additional documentation of education, including transcripts,
16    course content and credentials of the engineering college  or
17    college   granting   related  science  degrees,  or  of  work
18    experience   to   permit   the   Board   to   determine   the
19    qualifications of the applicant.  The Department may  require
20    an   applicant,  at  the  applicant's  expense,  to  have  an
21    evaluation of the applicant's education in a foreign  country
22    by  a  nationally recognized educational body approved by the
23    Board in accordance with rules prescribed by the Department.
24        An applicant who graduated from  an  engineering  program
25    outside  the United States or its territories and whose first
26    language is not English shall submit certification of passage
27    of the Test of English as a Foreign Language (TOEFL) and  the
28    Test of Spoken English (TSE) as defined by rule.
29    (Source: P.A. 91-92, eff. 1-1-00.)

30        (225 ILCS 325/9) (from Ch. 111, par. 5209)
31        Sec.  9.  Licensure qualifications; Examinations; Failure
32    or refusal to take examinations.  Examinations  provided  for
33    by  this Act shall be conducted under rules prescribed by the
                            -9-                LRB9205706LBmg
 1    Department.  Examinations shall be held not  less  frequently
 2    than  semi-annually,  at  times  and places prescribed by the
 3    Department, of which applicants  shall  be  notified  by  the
 4    Department in writing.
 5        Beginning  on  or before January 1, 2005, a principles of
 6    practice examination in Software Engineering shall be offered
 7    to applicants.
 8        Examinations of  the  applicants  who  seek  to  practice
 9    professional   engineering   shall   ascertain:  (a)  if  the
10    applicant has an adequate  understanding  of  the  basic  and
11    engineering  sciences,  which shall embrace subjects required
12    of  candidates  for  an  approved  baccalaureate  degree   in
13    engineering,  and  (b)  if the training and experience of the
14    applicant have provided a background for the  application  of
15    the  basic  and  engineering  sciences  to  the  solution  of
16    engineering  problems.   The Department may by rule prescribe
17    additional  subjects  for  examination.   If   an   applicant
18    neglects,  fails  without  an  approved excuse, or refuses to
19    take the next available  examination  offered  for  licensure
20    under  this  Act within 3 years after filing the application,
21    the fee paid by the applicant  shall  be  forfeited  and  the
22    application  denied.   If  an  applicant  fails  to  pass  an
23    examination for licensure under this Act within 3 years after
24    filing  the  application,  the  application  shall be denied.
25    However, such applicant may thereafter make a new application
26    for examination, accompanied by the required fee.
27    (Source: P.A. 88-595, eff. 8-26-94.)

28        (225 ILCS 325/12) (from Ch. 111, par. 5212)
29        Sec. 12.  Educational credits or teaching  as  equivalent
30    of experience.
31        (a)  After  earning an acceptable baccalaureate degree as
32    required  by  subsection  (a)  or  (b)  of  Section   10   in
33    engineering  or  related  science  and  upon  completion of a
                            -10-               LRB9205706LBmg
 1    Master's degree in engineering, the applicant may receive one
 2    year of experience credit.  Upon completion  of  a  Ph.D.  in
 3    engineering,  an  applicant  may  receive  an additional year
 4    experience credit for a maximum of 2 years.
 5        (b)  Teaching  engineering  subjects  in  an  engineering
 6    college at a  rank  of  instructor  or  above  is  considered
 7    experience in engineering.
 8        (c)  (Blank).
 9    (Source: P.A. 91-92, eff. 1-1-00.)

10        (225 ILCS 325/14) (from Ch. 111, par. 5214)
11        Sec. 14.  Seal.  Every professional engineer shall have a
12    seal  or  stamp, the print of which shall be reproducible and
13    contain  the  name  of   the   professional   engineer,   the
14    professional   engineer's   license  number,  and  the  words
15    "Licensed  Professional   Engineer   of   Illinois".      Any
16    reproducible  stamp  heretofore  authorized under the laws of
17    this state for use  by  a  professional  engineer,  including
18    those  with  the  words  "Registered Professional Engineer of
19    Illinois", shall serve the same purpose as the seal  provided
20    for  by  this  Act.   When technical submissions are prepared
21    utilizing a computer or other electronic means, the seal  may
22    be  generated  by  the  computer.   Signatures  generated  by
23    computer shall not be permitted.
24        The professional engineer who has contract responsibility
25    shall  seal  a  cover sheet of the technical submissions, and
26    those individual portions of the  technical  submissions  for
27    which the professional engineer is legally and professionally
28    responsible.   The  professional  engineer  practicing as the
29    support  design  professional  shall  seal  those  individual
30    portions of technical submissions for which the  professional
31    engineer is legally and professionally responsible.
32        The  use  of  a professional engineer's seal on technical
33    submissions constitutes a representation by the  professional
                            -11-               LRB9205706LBmg
 1    engineer  that  the  work  has  been prepared by or under the
 2    personal  supervision  of  the   professional   engineer   or
 3    developed in conjunction with the use of accepted engineering
 4    standards.   The  use of the seal further represents that the
 5    work has been prepared and administered  in  accordance  with
 6    the standards of reasonable professional skill and diligence.
 7        It   is   unlawful  to  affix  one's  seal  to  technical
 8    submissions if it masks the true identity of the  person  who
 9    actually  exercised direction, control and supervision of the
10    preparation of such work.  A professional engineer who  seals
11    and signs technical submissions is not responsible for damage
12    caused  by  subsequent  changes to or uses of those technical
13    submissions, where the subsequent changes or uses,  including
14    changes or uses made by State or local governmental agencies,
15    are  not  authorized or approved by the professional engineer
16    who originally sealed and signed the technical submissions.
17    (Source: P.A. 91-92, eff. 1-1-00.)

18        (225 ILCS 325/15) (from Ch. 111, par. 5215)
19        Sec.   15.    Technical   submissions.    All   technical
20    submissions prepared by or under the personal supervision  of
21    a   professional   engineer   shall  bear  that  professional
22    engineer's seal, signature, and license expiration date.  The
23    licensee's written signature and date of signing, along  with
24    the  date  of license expiration, shall be placed adjacent to
25    the seal.   Computer generated signatures are not  permitted.
26        The professional engineer who has contract responsibility
27    shall  seal  a  cover sheet of the technical submissions, and
28    those individual portions of the  technical  submissions  for
29    which the professional engineer is legally and professionally
30    responsible.   The  professional  engineer  practicing as the
31    support  design  professional  shall  seal  those  individual
32    portions of technical submissions for which the  professional
33    engineer is legally and professionally responsible.
                            -12-               LRB9205706LBmg
 1        All   technical   submissions   intended   for   use   in
 2    construction  in  the State of Illinois shall be prepared and
 3    administered  in  accordance  with  standards  of  reasonable
 4    professional skill and diligence.  Care  shall  be  taken  to
 5    reflect   the  requirements  of  State  statutes  and,  where
 6    applicable,  county  and   municipal   ordinances   in   such
 7    documents.  In  recognition  that  professional engineers are
 8    licensed for the protection of the public health, safety  and
 9    welfare, documents shall be of such quality and scope, and be
10    so administered as to conform to professional standards.
11    (Source: P.A. 91-92, eff. 1-1-00.)

12        (225 ILCS 325/24) (from Ch. 111, par. 5224)
13        Sec.  24.  Rules of professional conduct; disciplinary or
14    administrative action.
15        (a)  The Department shall adopt rules  setting  standards
16    of professional conduct and establish appropriate penalty for
17    the breach of such rules.
18        (a-1)  The  Department may, singularly or in combination,
19    refuse to issue, restore, or renew a license or registration,
20    revoke or suspend a license  or  registration,  or  place  on
21    probation, reprimand, or impose a civil penalty not to exceed
22    $10,000   upon   any  person,  corporation,  partnership,  or
23    professional design firm licensed or  registered  under  this
24    Act for any one or combination of the following:
25             (1)  Material misstatement in furnishing information
26        to the Department.
27             (2)  Failure  to  comply with any provisions of this
28        Act or any of its rules.
29             (3)  Conviction of any crime under the laws  of  the
30        United  States,  or any state or territory thereof, which
31        is a felony, whether  related  to  practice  or  not,  or
32        conviction  of  any crime, whether a felony, misdemeanor,
33        or otherwise, an essential element of which is dishonesty
                            -13-               LRB9205706LBmg
 1        or  which  is  directly  related  to  the   practice   of
 2        engineering.
 3             (4)  Making any misrepresentation for the purpose of
 4        obtaining  licensure,  or  in applying for restoration or
 5        renewal; or practice of any fraud or deceit in taking any
 6        examination to qualify for licensure under this Act.
 7             (5)  Purposefully making false statements or signing
 8        false statements, certificates, or affidavits  to  induce
 9        payment.
10             (6)  Negligence,  incompetence  or misconduct in the
11        practice  of  professional  engineering  as  a   licensed
12        professional  engineer  or  in  working  as  an  engineer
13        intern.
14             (7)  Aiding or assisting another person in violating
15        any provision of this Act or its rules.
16             (8)  Failing to provide information in response to a
17        written  request  made  by  the Department within 30 days
18        after receipt of such written request.
19             (9)  Engaging   in   dishonorable,   unethical    or
20        unprofessional  conduct of a character likely to deceive,
21        defraud or harm the public.
22             (10)  Habitual intoxication or addiction to the  use
23        of drugs.
24             (11)  Discipline  by  the  United States Government,
25        another state, District of Columbia,  territory,  foreign
26        nation  or  government  agency,  if  at  least one of the
27        grounds for the discipline is the same  or  substantially
28        equivalent to those set forth in this Act.
29             (12)  Directly  or indirectly giving to or receiving
30        from  any  person,  firm,  corporation,  partnership   or
31        association  any fee, commission, rebate or other form of
32        compensation for any professional services  not  actually
33        or personally rendered.
34             (13)  A  finding  by  the Board that an applicant or
                            -14-               LRB9205706LBmg
 1        registrant has failed  to  pay  a  fine  imposed  by  the
 2        Department, a registrant whose license has been placed on
 3        probationary  status has violated the terms of probation,
 4        or a registrant has practiced on  an  expired,  inactive,
 5        suspended, or revoked license.
 6             (14)  Signing,  affixing the professional engineer's
 7        seal or permitting the professional engineer's seal to be
 8        affixed to any  technical  submissions  not  prepared  as
 9        required  by  Section  14  or  completely reviewed by the
10        professional   engineer   or   under   the   professional
11        engineer's direct supervision.
12             (15)  Physical illness, including but not limited to
13        deterioration through the aging process or loss of  motor
14        skill,  which  results  in  the inability to practice the
15        profession with reasonable judgment, skill or safety.
16             (16)  The making of  a  statement  pursuant  to  the
17        Environmental  Barriers  Act that a plan for construction
18        or alteration of a public facility or for construction of
19        a multi-story housing unit  is  in  compliance  with  the
20        Environmental  Barriers  Act  when  such  plan  is not in
21        compliance.
22             (17)  Failing to file a return, or to pay  the  tax,
23        penalty  or  interest  shown in a filed return, or to pay
24        any final assessment  of  tax,  penalty  or  interest  as
25        required  by  a  tax  Act  administered  by  the Illinois
26        Department  of  Revenue,   until   such   time   as   the
27        requirements of any such tax Act are satisfied.
28        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
29    showing  of a possible violation may compel a person licensed
30    to practice under this Act, or who has applied for  licensure
31    or  certification pursuant to this Act, to submit to a mental
32    or physical examination, or both, as required by and  at  the
33    expense of the Department.  The examining physicians shall be
34    those specifically designated by the Board.  The Board or the
                            -15-               LRB9205706LBmg
 1    Department  may  order  the  examining  physician  to present
 2    testimony concerning this mental or physical  examination  of
 3    the licensee  or applicant.  No information shall be excluded
 4    by  reason  of any common law or statutory privilege relating
 5    to communications between the licensee or applicant  and  the
 6    examining  physician.  The person to be examined may have, at
 7    his or her own expense,  another  physician  of  his  or  her
 8    choice   present  during  all  aspects  of  the  examination.
 9    Failure of any person to  submit  to  a  mental  or  physical
10    examination,  when  directed, shall be grounds for suspension
11    of a license until the person submits to the  examination  if
12    the  Board  finds, after notice and hearing, that the refusal
13    to submit to the examination was without reasonable cause.
14        If the Board finds a person unable to practice because of
15    the reasons set forth in this Section, the Board may  require
16    that  person  to  submit to care, counseling, or treatment by
17    physicians  approved  or  designated  by  the  Board   as   a
18    condition, term, or restriction for continued, reinstated, or
19    renewed   licensure   to  practice;  or,  in  lieu  of  care,
20    counseling, or treatment, the  Board  may  recommend  to  the
21    Department  to  file  a  complaint  to  immediately  suspend,
22    revoke,  or  otherwise  discipline the license of the person.
23    Any person whose license was granted, continued,  reinstated,
24    renewed,  disciplined,  or  supervised subject to such terms,
25    conditions, or restrictions and who fails to comply with such
26    terms, conditions, or restrictions shall be referred  to  the
27    Director  for  a determination as to whether the person shall
28    have his or her  license  suspended  immediately,  pending  a
29    hearing by the Board.
30        (b)  The   determination   by  a  circuit  court  that  a
31    registrant is subject to involuntary  admission  or  judicial
32    admission  as provided in the Mental Health and Developmental
33    Disabilities Code, as now or hereafter amended,  operates  as
34    an  automatic suspension.  Such suspension will end only upon
                            -16-               LRB9205706LBmg
 1    a finding by a court that the patient is no longer subject to
 2    involuntary admission or judicial admission, the issuance  of
 3    an  order  so  finding  and  discharging the patient, and the
 4    recommendation  of  the  Board  to  the  Director  that   the
 5    registrant be allowed to resume practice.
 6    (Source: P.A. 91-92, eff. 1-1-00.)

 7        (225 ILCS 325/39) (from Ch. 111, par. 5239)
 8        Sec. 39.  Violations.
 9        (a)  Using  or  attempting  to  use an expired license or
10    registration is a Class A misdemeanor.
11        (b)  Each of the following acts is a Class A  misdemeanor
12    for  the  first  offense and a Class 4 Felony for a second or
13    subsequent offense:
14             (1)  A violation of any provision of this Act or its
15        rules, except as noted in subsection (a) or (c)  of  this
16        Section;
17             (2)  The  making  of  any  wilfully  false  oath  or
18        affirmation  in any matter or proceeding where an oath or
19        affirmation is required by this Act;
20             (3)  Using  or  attempting  to  use   an   inactive,
21        suspended,  or  revoked license or the license or seal of
22        another, or impersonating another licensee, or practicing
23        professional engineering while one's license is inactive,
24        suspended, or revoked;
25             (4)  The practice, attempt to practice, or offer  to
26        practice  professional engineering without a license as a
27        licensed  professional  engineer,  with   each   day   of
28        practicing  professional  engineering,  or  attempting to
29        practice professional engineering, and each  instance  of
30        offering  to  practice professional engineering without a
31        license as a licensed professional engineer  constituting
32        a separate offense;
33             (5)  Advertising  or  displaying any sign or card or
                            -17-               LRB9205706LBmg
 1        other device which might indicate to the public that  the
 2        person   or   entity   is   entitled  to  practice  as  a
 3        professional engineer, or using the initials  "P.E.",  or
 4        using  the  title  "engineer"  or any of its derivations,
 5        unless  such  person  holds  an  active  license   as   a
 6        professional  engineer  in the State of Illinois, or such
 7        professional    service     corporation,     corporation,
 8        partnership,  sole  proprietorship,  professional  design
 9        firm,  limited  liability  company, or other entity is in
10        compliance with Section 23 of this Act; or
11             (6)  Obtaining or attempting to obtain a license  by
12        fraud.
13        (c)  A  violation  of  paragraphs  (3),  (6), (10), (11),
14    (15), or (17) of subsection (a-1) (a) of Section  24  is  not
15    subject to the penalty provisions of this Section.
16    (Source:  P.A.  88-428;  88-595,  eff.  8-26-94;  89-61, eff.
17    6-30-95)

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