State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB289 Enrolled                                 LRB9205706LBmg

 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

SB289 Enrolled              -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
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 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,
SB289 Enrolled              -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
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 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
18        the qualifications of applicants by endorsement and issue
19        a license or enrollment to those who are found to be  fit
20        and qualified.;
21             (b)  To  prescribe rules for the method, conduct and
22        grading of the examination of applicants.;
23             (c)  To    license    corporations,    partnerships,
24        professional  service  corporations,  limited   liability
25        companies,  and  sole proprietorships for the practice of
26        professional engineering and issue a license to those who
27        qualify.;
28             (d)  To   conduct   investigations   and    hearings
29        regarding violations of this Act and take disciplinary or
30        other  actions as provided in this Act as a result of the
31        proceedings.;
32             (e)  To prescribe rules as to what shall  constitute
33        an  engineering  or  related  science  curriculum  and to
SB289 Enrolled              -6-                LRB9205706LBmg
 1        determine if a  specific  engineering  curriculum  is  in
 2        compliance  with the rules, and to terminate the approval
 3        of a specific engineering curriculum  for  non-compliance
 4        with such rules.;
 5             (f)  To    promulgate   rules   required   for   the
 6        administration  of   this   Act,   including   rules   of
 7        professional conduct.;
 8             (g)  To  maintain membership in the National Council
 9        of  Examiners   for   Engineering   and   Surveying   and
10        participate  in  activities of the Council by designation
11        of  individuals  for  the  various   classifications   of
12        membership,  the  appointment of delegates for attendance
13        at zone and national meetings of  the  Council,  and  the
14        funding  of  the delegates for attendance at the meetings
15        of the Council.; and
16             (h)  To  obtain  written  recommendations  from  the
17        Board  regarding  qualifications   of   individuals   for
18        licensure   and  enrollment,  definitions  of  curriculum
19        content and approval of engineering curricula,  standards
20        of  professional conduct and formal disciplinary actions,
21        and  the  promulgation  of  the  rules  affecting   these
22        matters.
23             Prior  to  issuance  of  any final decision or order
24        that deviates from any report or recommendations  of  the
25        Board   relating  to  the  qualification  of  applicants,
26        discipline of licensees or registrants,  or  promulgation
27        of  rules, the Director shall notify the Board in writing
28        with an explanation of any such deviation and  provide  a
29        reasonable  time for the Board to submit written comments
30        to the Director regarding the proposed  action.   In  the
31        event  that  the  Board  fails or declines to submit such
32        written comments within 30 days of said notification, the
33        Director may issue a final decision or orders  consistent
34        with  the  Director's  original decision.  The Department
SB289 Enrolled              -7-                LRB9205706LBmg
 1        may at any time seek the expert advice and  knowledge  of
 2        the  Board  on  any matter relating to the enforcement of
 3        this Act.
 4             (i)  To publish and distribute or  to  post  on  the
 5        Department's   website,   at   least   semi-annually,   a
 6        newsletter  to  all persons licensed and registered under
 7        this Act.  The newsletter shall describe the most  recent
 8        changes  in this Act and the rules adopted under this Act
 9        and shall contain information of any  final  disciplinary
10        action  that  has  been  ordered under this Act since the
11        date of the last newsletter.
12        None of the functions, powers  or  duties  enumerated  in
13    this Section shall be exercised by the Department except upon
14    the action and report in writing of the Board.
15    (Source: P.A. 91-92, eff. 1-1-00.)

16        (225 ILCS 325/8) (from Ch. 111, par. 5208)
17        Sec. 8.  Applications for licensure.
18        (a)  Applications  for  licensure  shall  (1) be on forms
19    prescribed and  furnished  by  the  Department,  (2)  contain
20    statements  made under oath showing the applicant's education
21    and a detailed summary of the applicant's technical work, and
22    (3) contain references as required by the Department.
23        (b)  Applicants shall have  obtained  the  education  and
24    experience  as  required in Section 10 or Section 11 prior to
25    submittal of application for examination, except as  provided
26    in  subsection (b)  of Section 11. Allowable experience shall
27    commence at the date of the baccalaureate degree, except:
28             (1)  Credit for one  year  of  experience  shall  be
29        given  for  a  graduate  of  a  baccalaureate  curriculum
30        providing  a  cooperative  program,  which  is supervised
31        industrial or field experience of at least  one  academic
32        year  which alternates with periods of full-time academic
33        training,  when  such  program  is   certified   by   the
SB289 Enrolled              -8-                LRB9205706LBmg
 1        university, or
 2             (2)  Partial   credit   may   shall   be  given  for
 3        professional engineering experience as  defined  by  rule
 4        for employment prior to receipt of a baccalaureate degree
 5        if  the  employment  is  full-time while the applicant is
 6        takes 8 or  more  years  (16  semesters  or  24  quarters
 7        minimum)  as  a  part-time  student  taking fewer than 12
 8        hours per semester or 8 hours per  quarter  to  earn  the
 9        degree   concurrent   with   the   full-time  engineering
10        experience employment.
11             (3)  If  an  applicant  files  an  application   and
12        supporting  documents  containing a material misstatement
13        of information or a misrepresentation for the purpose  of
14        obtaining  licensure  or  enrollment  or  if an applicant
15        performs any fraud or deceit in taking any examination to
16        qualify for licensure or enrollment under this  Act,  the
17        Department  may  issue a rule of intent to deny licensure
18        or enrollment and may conduct  a  hearing  in  accordance
19        with  Sections  26  through  33 and Sections 37 and 38 of
20        this Act.
21        The Board may conduct oral interviews  of  any  applicant
22    under  Sections  10, 11, or 19 to assist in the evaluation of
23    the qualifications of the applicant.
24        It is the responsibility of the applicant  to  supplement
25    the application, when requested by the Board, by provision of
26    additional documentation of education, including transcripts,
27    course  content and credentials of the engineering college or
28    college  granting  related  science  degrees,  or   of   work
29    experience   to   permit   the   Board   to   determine   the
30    qualifications  of the applicant.  The Department may require
31    an  applicant,  at  the  applicant's  expense,  to  have   an
32    evaluation  of the applicant's education in a foreign country
33    by a nationally recognized educational body approved  by  the
34    Board in accordance with rules prescribed by the Department.
SB289 Enrolled              -9-                LRB9205706LBmg
 1        An  applicant  who  graduated from an engineering program
 2    outside the United States or its territories and whose  first
 3    language is not English shall submit certification of passage
 4    of  the Test of English as a Foreign Language (TOEFL) and the
 5    Test of Spoken English (TSE) as defined by rule.
 6    (Source: P.A. 91-92, eff. 1-1-00.)

 7        (225 ILCS 325/9) (from Ch. 111, par. 5209)
 8        Sec. 9.  Licensure qualifications; Examinations;  Failure
 9    or  refusal  to take examinations.  Examinations provided for
10    by this Act shall be conducted under rules prescribed by  the
11    Department.   Examinations  shall be held not less frequently
12    than semi-annually, at times and  places  prescribed  by  the
13    Department,  of  which  applicants  shall  be notified by the
14    Department in writing.
15        Beginning on or before January 1, 2005, a  principles  of
16    practice examination in Software Engineering shall be offered
17    to applicants.
18        Examinations  of  the  applicants  who  seek  to practice
19    professional  engineering  shall   ascertain:   (a)  if   the
20    applicant  has  an  adequate  understanding  of the basic and
21    engineering sciences, which shall embrace  subjects  required
22    of   candidates  for  an  approved  baccalaureate  degree  in
23    engineering, and (b)  if the training and experience  of  the
24    applicant  have  provided a background for the application of
25    the  basic  and  engineering  sciences  to  the  solution  of
26    engineering problems.  The Department may by  rule  prescribe
27    additional   subjects   for   examination.  If  an  applicant
28    neglects, fails without an approved  excuse,  or  refuses  to
29    take  the  next  available  examination offered for licensure
30    under this Act within 3 years after filing  the  application,
31    the  fee  paid  by  the  applicant shall be forfeited and the
32    application  denied.   If  an  applicant  fails  to  pass  an
33    examination for licensure under this Act within 3 years after
SB289 Enrolled              -10-               LRB9205706LBmg
 1    filing the application,  the  application  shall  be  denied.
 2    However, such applicant may thereafter make a new application
 3    for examination, accompanied by the required fee.
 4    (Source: P.A. 88-595, eff. 8-26-94.)

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

20        (225 ILCS 325/14) (from Ch. 111, par. 5214)
21        Sec. 14.  Seal.  Every professional engineer shall have a
22    seal or stamp, the print of which shall be  reproducible  and
23    contain   the   name   of   the  professional  engineer,  the
24    professional  engineer's  license  number,  and   the   words
25    "Licensed   Professional   Engineer   of   Illinois".     Any
26    reproducible stamp heretofore authorized under  the  laws  of
27    this  state  for  use  by  a professional engineer, including
28    those with the words  "Registered  Professional  Engineer  of
29    Illinois",  shall serve the same purpose as the seal provided
30    for by this Act.   When technical  submissions  are  prepared
31    utilizing  a computer or other electronic means, the seal may
32    be  generated  by  the  computer.   Signatures  generated  by
SB289 Enrolled              -11-               LRB9205706LBmg
 1    computer shall not be permitted.
 2        The professional engineer who has contract responsibility
 3    shall seal a cover sheet of the  technical  submissions,  and
 4    those  individual  portions  of the technical submissions for
 5    which the professional engineer is legally and professionally
 6    responsible.  The professional  engineer  practicing  as  the
 7    support  design  professional  shall  seal  those  individual
 8    portions  of technical submissions for which the professional
 9    engineer is legally and professionally responsible.
10        The use of a professional engineer's  seal  on  technical
11    submissions  constitutes a representation by the professional
12    engineer that the work has been  prepared  by  or  under  the
13    personal   supervision   of   the  professional  engineer  or
14    developed in conjunction with the use of accepted engineering
15    standards.  The use of the seal further represents  that  the
16    work  has  been  prepared and administered in accordance with
17    the standards of reasonable professional skill and diligence.
18        It  is  unlawful  to  affix  one's  seal   to   technical
19    submissions  if  it masks the true identity of the person who
20    actually exercised direction, control and supervision of  the
21    preparation  of such work.  A professional engineer who seals
22    and signs technical submissions is not responsible for damage
23    caused by subsequent changes to or uses  of  those  technical
24    submissions,  where the subsequent changes or uses, including
25    changes or uses made by State or local governmental agencies,
26    are not authorized or approved by the  professional  engineer
27    who originally sealed and signed the technical submissions.
28    (Source: P.A. 91-92, eff. 1-1-00.)

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

23        (225 ILCS 325/24) (from Ch. 111, par. 5224)
24        Sec. 24.  Rules of professional conduct; disciplinary  or
25    administrative action.
26        (a)  The  Department  shall adopt rules setting standards
27    of professional conduct and establish appropriate penalty for
28    the breach of such rules.
29        (a-1)  The Department may, singularly or in  combination,
30    refuse to issue, restore, or renew a license or registration,
31    revoke  or  suspend  a  license  or registration, or place on
32    probation, reprimand, or impose a civil penalty not to exceed
33    $10,000  upon  any  person,  corporation,   partnership,   or
SB289 Enrolled              -13-               LRB9205706LBmg
 1    professional  design  firm  licensed or registered under this
 2    Act for any one or combination of the following:
 3             (1)  Material misstatement in furnishing information
 4        to the Department.
 5             (2)  Failure to comply with any provisions  of  this
 6        Act or any of its rules.
 7             (3)  Conviction  of  any crime under the laws of the
 8        United States, or any state or territory  thereof,  which
 9        is  a  felony,  whether  related  to  practice or not, or
10        conviction of any crime, whether a  felony,  misdemeanor,
11        or otherwise, an essential element of which is dishonesty
12        or   which   is  directly  related  to  the  practice  of
13        engineering.
14             (4)  Making any misrepresentation for the purpose of
15        obtaining licensure, or in applying  for  restoration  or
16        renewal; or practice of any fraud or deceit in taking any
17        examination to qualify for licensure under this Act.
18             (5)  Purposefully making false statements or signing
19        false  statements,  certificates, or affidavits to induce
20        payment.
21             (6)  Negligence, incompetence or misconduct  in  the
22        practice   of  professional  engineering  as  a  licensed
23        professional  engineer  or  in  working  as  an  engineer
24        intern.
25             (7)  Aiding or assisting another person in violating
26        any provision of this Act or its rules.
27             (8)  Failing to provide information in response to a
28        written request made by the  Department  within  30  days
29        after receipt of such written request.
30             (9)  Engaging    in   dishonorable,   unethical   or
31        unprofessional conduct of a character likely to  deceive,
32        defraud or harm the public.
33             (10)  Habitual  intoxication or addiction to the use
34        of drugs.
SB289 Enrolled              -14-               LRB9205706LBmg
 1             (11)  Discipline by the  United  States  Government,
 2        another  state,  District of Columbia, territory, foreign
 3        nation or government agency,  if  at  least  one  of  the
 4        grounds  for  the discipline is the same or substantially
 5        equivalent to those set forth in this Act.
 6             (12)  Directly or indirectly giving to or  receiving
 7        from   any  person,  firm,  corporation,  partnership  or
 8        association any fee, commission, rebate or other form  of
 9        compensation  for  any professional services not actually
10        or personally rendered.
11             (13)  A finding by the Board that  an  applicant  or
12        registrant  has  failed  to  pay  a  fine  imposed by the
13        Department, a registrant whose license has been placed on
14        probationary status has violated the terms of  probation,
15        or  a  registrant  has practiced on an expired, inactive,
16        suspended, or revoked license.
17             (14)  Signing, affixing the professional  engineer's
18        seal or permitting the professional engineer's seal to be
19        affixed  to  any  technical  submissions  not prepared as
20        required by Section 14  or  completely  reviewed  by  the
21        professional   engineer   or   under   the   professional
22        engineer's direct supervision.
23             (15)  Physical illness, including but not limited to
24        deterioration  through the aging process or loss of motor
25        skill, which results in the  inability  to  practice  the
26        profession with reasonable judgment, skill or safety.
27             (16)  The  making  of  a  statement  pursuant to the
28        Environmental Barriers Act that a plan  for  construction
29        or alteration of a public facility or for construction of
30        a  multi-story  housing  unit  is  in compliance with the
31        Environmental Barriers Act  when  such  plan  is  not  in
32        compliance.
33             (17)  Failing  to  file a return, or to pay the tax,
34        penalty or interest shown in a filed return,  or  to  pay
SB289 Enrolled              -15-               LRB9205706LBmg
 1        any  final  assessment  of  tax,  penalty  or interest as
 2        required by  a  tax  Act  administered  by  the  Illinois
 3        Department   of   Revenue,   until   such   time  as  the
 4        requirements of any such tax Act are satisfied.
 5        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
 6    showing of a possible violation may compel a person  licensed
 7    to  practice under this Act, or who has applied for licensure
 8    or certification pursuant to this Act, to submit to a  mental
 9    or  physical  examination, or both, as required by and at the
10    expense of the Department.  The examining physicians shall be
11    those specifically designated by the Board.  The Board or the
12    Department may  order  the  examining  physician  to  present
13    testimony  concerning  this mental or physical examination of
14    the licensee  or applicant.  No information shall be excluded
15    by reason of any common law or statutory  privilege  relating
16    to  communications  between the licensee or applicant and the
17    examining physician.  The person to be examined may have,  at
18    his  or  her  own  expense,  another  physician of his or her
19    choice  present  during  all  aspects  of  the   examination.
20    Failure  of  any  person  to  submit  to a mental or physical
21    examination, when directed, shall be grounds  for  suspension
22    of  a  license until the person submits to the examination if
23    the Board finds, after notice and hearing, that  the  refusal
24    to submit to the examination was without reasonable cause.
25        If the Board finds a person unable to practice because of
26    the  reasons set forth in this Section, the Board may require
27    that person to submit to care, counseling,  or  treatment  by
28    physicians   approved   or  designated  by  the  Board  as  a
29    condition, term, or restriction for continued, reinstated, or
30    renewed  licensure  to  practice;  or,  in  lieu   of   care,
31    counseling,  or  treatment,  the  Board  may recommend to the
32    Department  to  file  a  complaint  to  immediately  suspend,
33    revoke, or otherwise discipline the license  of  the  person.
34    Any  person whose license was granted, continued, reinstated,
SB289 Enrolled              -16-               LRB9205706LBmg
 1    renewed, disciplined, or supervised subject  to  such  terms,
 2    conditions, or restrictions and who fails to comply with such
 3    terms,  conditions,  or restrictions shall be referred to the
 4    Director for a determination as to whether the  person  shall
 5    have  his  or  her  license  suspended immediately, pending a
 6    hearing by the Board.
 7        (b)  The  determination  by  a  circuit  court   that   a
 8    registrant  is  subject  to involuntary admission or judicial
 9    admission as provided in the Mental Health and  Developmental
10    Disabilities  Code,  as now or hereafter amended, operates as
11    an automatic suspension.  Such suspension will end only  upon
12    a finding by a court that the patient is no longer subject to
13    involuntary  admission or judicial admission, the issuance of
14    an order so finding and  discharging  the  patient,  and  the
15    recommendation   of  the  Board  to  the  Director  that  the
16    registrant be allowed to resume practice.
17    (Source: P.A. 91-92, eff. 1-1-00.)

18        (225 ILCS 325/39) (from Ch. 111, par. 5239)
19        Sec. 39.  Violations.
20        (a)  Using or attempting to use  an  expired  license  or
21    registration is a Class A misdemeanor.
22        (b)  Each  of the following acts is a Class A misdemeanor
23    for the first offense and a Class 4 Felony for  a  second  or
24    subsequent offense:
25             (1)  A violation of any provision of this Act or its
26        rules,  except  as noted in subsection (a) or (c) of this
27        Section;
28             (2)  The  making  of  any  wilfully  false  oath  or
29        affirmation in any matter or proceeding where an oath  or
30        affirmation is required by this Act;
31             (3)  Using   or   attempting  to  use  an  inactive,
32        suspended, or revoked license or the license or  seal  of
33        another, or impersonating another licensee, or practicing
SB289 Enrolled              -17-               LRB9205706LBmg
 1        professional engineering while one's license is inactive,
 2        suspended, or revoked;
 3             (4)  The  practice, attempt to practice, or offer to
 4        practice professional engineering without a license as  a
 5        licensed   professional   engineer,   with  each  day  of
 6        practicing professional  engineering,  or  attempting  to
 7        practice  professional  engineering, and each instance of
 8        offering to practice professional engineering  without  a
 9        license  as a licensed professional engineer constituting
10        a separate offense;
11             (5)  Advertising or displaying any sign or  card  or
12        other  device which might indicate to the public that the
13        person  or  entity  is  entitled   to   practice   as   a
14        professional  engineer,  or using the initials "P.E.", or
15        using the title "engineer" or  any  of  its  derivations,
16        unless   such   person  holds  an  active  license  as  a
17        professional engineer in the State of Illinois,  or  such
18        professional     service     corporation,    corporation,
19        partnership,  sole  proprietorship,  professional  design
20        firm, limited liability company, or other  entity  is  in
21        compliance with Section 23 of this Act; or
22             (6)  Obtaining  or attempting to obtain a license by
23        fraud.
24        (c)  A violation of  paragraphs  (3),  (6),  (10),  (11),
25    (15),  or  (17)  of subsection (a-1) (a) of Section 24 is not
26    subject to the penalty provisions of this Section.
27    (Source: P.A.  88-428;  88-595,  eff.  8-26-94;  89-61,  eff.
28    6-30-95)

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