State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO SENATE BILL 289

 2        AMENDMENT NO.     .  Amend Senate Bill 289 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section 5.  The Professional Engineering Practice Act of
 6    1989  is amended by changing Sections 4, 5, 8, 9, 12, 14, 15,
 7    24, and 39 as follows:

 8        (225 ILCS 325/4) (from Ch. 111, par. 5204)
 9        Sec. 4.  Definitions.  As used in this Act:
10        (a)  "Approved   engineering   curriculum"    means    an
11    engineering curriculum or program of 4 academic years or more
12    which  meets  the  standards  established by the rules of the
13    Department.
14        (b)  "Board"  means  the  State  Board  of   Professional
15    Engineers  of  the  Department  of  Professional  Regulation,
16    previously known as the Examining Committee.
17        (c)  "Department"  means  the  Department of Professional
18    Regulation.
19        (d)  "Design professional" means an architect, structural
20    engineer or professional engineer practicing  in  conformance
21    with  the  Illinois  Architecture  Practice  Act of 1989, the
                            -2-            LRB9205706LBgcam02
 1    Structural  Engineering  Practice  Act   of   1989   or   the
 2    Professional Engineering Practice Act of 1989.
 3        (e)  "Director"   means   the  Director  of  Professional
 4    Regulation.
 5        (f)  "Direct supervision/responsible charge"  means  work
 6    prepared   under  the  control  of  a  licensed  professional
 7    engineer or that work as to which that professional  engineer
 8    has detailed professional knowledge.
 9        (g)  "Engineering   college"  means  a  school,  college,
10    university, department of a university or  other  educational
11    institution,  reputable  and  in  good standing in accordance
12    with rules prescribed by the  Department,  and  which  grants
13    baccalaureate degrees in engineering.
14        (h)  "Engineering  system  or facility" means a system or
15    facility whose design is based upon the  application  of  the
16    principles  of  science  for  the  purpose of modification of
17    natural states of being.
18        (i)  "Engineer intern" means a person who is a  candidate
19    for  licensure  as  a  professional engineer and who has been
20    enrolled as an engineer intern.
21        (j)  "Enrollment" means an action by  the  Department  to
22    record   those   individuals   who   have   met  the  Board's
23    requirements for an engineer intern.
24        (k)  "License" means an official document issued  by  the
25    Department  to an individual, a corporation, a partnership, a
26    professional  service  corporation,   a   limited   liability
27    company,  or  a  sole proprietorship, signifying authority to
28    practice.
29        (l)  "Negligence  in   the   practice   of   professional
30    engineering"  means  the  failure  to exercise that degree of
31    reasonable  professional  skill,   judgment   and   diligence
32    normally  rendered  by professional engineers in the practice
33    of professional engineering.
34        (m)  "Professional  engineer"  means  a  person  licensed
                            -3-            LRB9205706LBgcam02
 1    under  the  laws  of  the  State  of  Illinois  to   practice
 2    professional engineering.
 3        (n)  "Professional  engineering" means the application of
 4    science to the design of engineering systems  and  facilities
 5    using   the   knowledge,  skills,  ability  and  professional
 6    judgment   developed   through    professional    engineering
 7    education, training and experience.
 8        (o)  "Professional   engineering   practice"   means  the
 9    consultation  on,  conception,   investigation,   evaluation,
10    planning,  and  design  of,  and  selection  of materials and
11    methods  to  be  used  in,  administration  of   construction
12    contracts  for, or site observation of, an engineering system
13    or   facility,   where   such    consultation,    conception,
14    investigation,   evaluation,   planning,  design,  selection,
15    administration, or observation requires  extensive  knowledge
16    of  engineering  laws,  formulae,  materials,  practice,  and
17    construction   methods.   A  person  shall  be  construed  to
18    practice  or  offer  to  practice  professional  engineering,
19    within the meaning and intent of this Act, who practices,  or
20    who,  by verbal claim, sign, advertisement, letterhead, card,
21    or any  other  way,  is  represented  to  be  a  professional
22    engineer,  or  through  the use of the initials "P.E." or the
23    title "engineer" or any of  its  derivations  or  some  other
24    title  implies licensure as a professional engineer, or holds
25    himself  out  as  able  to  perform  any  service  which   is
26    recognized as professional engineering practice.
27        Examples  of  the  practice  of  professional engineering
28    include,  but  need  not  be   limited   to,   transportation
29    facilities  and  publicly  owned  utilities  for  a region or
30    community, railroads, railways,  highways,  subways,  canals,
31    harbors,  river  improvements;  irrigation  works;  aircraft,
32    airports  and  landing fields; waterworks, piping systems and
33    appurtenances, sewers, sewage disposal works; plants for  the
34    generation  of  power;  devices for the utilization of power;
                            -4-            LRB9205706LBgcam02
 1    boilers; refrigeration plants, air conditioning  systems  and
 2    plants;   heating   systems   and   plants;  plants  for  the
 3    transmission or  distribution  of  power;  electrical  plants
 4    which  produce,  transmit,  distribute, or utilize electrical
 5    energy; works for the extraction of minerals from the  earth;
 6    plants  for  the  refining,  alloying  or treating of metals;
 7    chemical works and industrial plants  involving  the  use  of
 8    chemicals  and chemical processes; plants for the production,
 9    conversion, or utilization of nuclear, chemical,  or  radiant
10    energy;   forensic   engineering,   geotechnical  engineering
11    including, subsurface  investigations;  soil  classification,
12    geology  and  geohydrology,  incidental  to  the  practice of
13    professional  engineering;  energy  analysis,   environmental
14    design,  hazardous waste mitigation and control; recognition,
15    measurement, evaluation and control of environmental  systems
16    and  emissions; automated building management systems; or the
17    provision of professional engineering site observation of the
18    construction  of  works  and  engineering  systems.   Nothing
19    contained in this Section  imposes  upon  a  person  licensed
20    under  this Act the responsibility for the performance of any
21    of the foregoing functions unless  such  person  specifically
22    contracts to provide it.
23        (p)  "Project   representative"  means  the  professional
24    engineer's representative at the project site who assists  in
25    the administration of the construction contract.
26        (q)  "Registered"   means  the  same  as  "licensed"  for
27    purposes of this Act.
28        (r)  "Related science curriculum" means a 4 year  program
29    of  study,  the satisfactory completion of which results in a
30    Bachelor of Science degree, and which contains  courses  from
31    such areas as life, earth, engineering and computer sciences,
32    including  but not limited to, physics and chemistry.  In the
33    study  of  these  sciences,  the  objective  is  to   acquire
34    fundamental  knowledge  about  the  nature  of its phenomena,
                            -5-            LRB9205706LBgcam02
 1    including quantitative expression, appropriate to  particular
 2    fields of engineering.
 3        (s)  "Rules"  means  those  rules promulgated pursuant to
 4    this Act.
 5        (t)  "Seal" means the seal in compliance with Section  14
 6    of this Act.
 7        (u)  "Site observation" is visitation of the construction
 8    site  for the purpose of reviewing, as available, the quality
 9    and conformance of the work to the technical  submissions  as
10    they relate to design.
11        (v)  "Support  design  professional" means a professional
12    engineer practicing  in  conformance  with  the  Professional
13    Engineering  Practice  Act  of 1989, who provides services to
14    the design professional who has contract responsibility.
15        (w)  "Technical submissions" means designs, drawings, and
16    specifications which establish the standard  of  quality  for
17    materials,   workmanship,  equipment,  and  the  construction
18    systems, studies, and other technical reports prepared in the
19    course of a design professional's practice.
20    (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
21    10-7-99.)

22        (225 ILCS 325/5) (from Ch. 111, par. 5205)
23        Sec. 5.  Powers and duties of the Department.  Subject to
24    the provisions of this Act, the Department shall exercise the
25    following functions, powers and duties:
26             (a)  To pass upon  the  qualifications  and  conduct
27        examinations  of applicants for licensure as professional
28        engineers or enrollment as engineer interns and pass upon
29        the qualifications of applicants by endorsement and issue
30        a license or enrollment to those who are found to be  fit
31        and qualified.;
32             (b)  To  prescribe rules for the method, conduct and
33        grading of the examination of applicants.;
                            -6-            LRB9205706LBgcam02
 1             (c)  To    license    corporations,    partnerships,
 2        professional  service  corporations,  limited   liability
 3        companies,  and  sole proprietorships for the practice of
 4        professional engineering and issue a license to those who
 5        qualify.;
 6             (d)  To   conduct   investigations   and    hearings
 7        regarding violations of this Act and take disciplinary or
 8        other  actions as provided in this Act as a result of the
 9        proceedings.;
10             (e)  To prescribe rules as to what shall  constitute
11        an  engineering  or  related  science  curriculum  and to
12        determine if a  specific  engineering  curriculum  is  in
13        compliance  with the rules, and to terminate the approval
14        of a specific engineering curriculum  for  non-compliance
15        with such rules.;
16             (f)  To    promulgate   rules   required   for   the
17        administration  of   this   Act,   including   rules   of
18        professional conduct.;
19             (g)  To  maintain membership in the National Council
20        of  Examiners   for   Engineering   and   Surveying   and
21        participate  in  activities of the Council by designation
22        of  individuals  for  the  various   classifications   of
23        membership,  the  appointment of delegates for attendance
24        at zone and national meetings of  the  Council,  and  the
25        funding  of  the delegates for attendance at the meetings
26        of the Council.; and
27             (h)  To  obtain  written  recommendations  from  the
28        Board  regarding  qualifications   of   individuals   for
29        licensure   and  enrollment,  definitions  of  curriculum
30        content and approval of engineering curricula,  standards
31        of  professional conduct and formal disciplinary actions,
32        and  the  promulgation  of  the  rules  affecting   these
33        matters.
34             Prior  to  issuance  of  any final decision or order
                            -7-            LRB9205706LBgcam02
 1        that deviates from any report or recommendations  of  the
 2        Board   relating  to  the  qualification  of  applicants,
 3        discipline of licensees or registrants,  or  promulgation
 4        of  rules, the Director shall notify the Board in writing
 5        with an explanation of any such deviation and  provide  a
 6        reasonable  time for the Board to submit written comments
 7        to the Director regarding the proposed  action.   In  the
 8        event  that  the  Board  fails or declines to submit such
 9        written comments within 30 days of said notification, the
10        Director may issue a final decision or orders  consistent
11        with  the  Director's  original decision.  The Department
12        may at any time seek the expert advice and  knowledge  of
13        the  Board  on  any matter relating to the enforcement of
14        this Act.
15             (i)  To publish and distribute or  to  post  on  the
16        Department's   website,   at   least   semi-annually,   a
17        newsletter  to  all persons licensed and registered under
18        this Act.  The newsletter shall describe the most  recent
19        changes  in this Act and the rules adopted under this Act
20        and shall contain information of any  final  disciplinary
21        action  that  has  been  ordered under this Act since the
22        date of the last newsletter.
23        None of the functions, powers  or  duties  enumerated  in
24    this Section shall be exercised by the Department except upon
25    the action and report in writing of the Board.
26    (Source: P.A. 91-92, eff. 1-1-00.)

27        (225 ILCS 325/8) (from Ch. 111, par. 5208)
28        Sec. 8.  Applications for licensure.
29        (a)  Applications  for  licensure  shall  (1) be on forms
30    prescribed and  furnished  by  the  Department,  (2)  contain
31    statements  made under oath showing the applicant's education
32    and a detailed summary of the applicant's technical work, and
                            -8-            LRB9205706LBgcam02
 1    (3) contain references as required by the Department.
 2        (b)  Applicants shall have  obtained  the  education  and
 3    experience  as  required in Section 10 or Section 11 prior to
 4    submittal of application for examination, except as  provided
 5    in  subsection (b)  of Section 11. Allowable experience shall
 6    commence at the date of the baccalaureate degree, except:
 7             (1)  Credit for one  year  of  experience  shall  be
 8        given  for  a  graduate  of  a  baccalaureate  curriculum
 9        providing  a  cooperative  program,  which  is supervised
10        industrial or field experience of at least  one  academic
11        year  which alternates with periods of full-time academic
12        training,  when  such  program  is   certified   by   the
13        university, or
14             (2)  Partial   credit   may   shall   be  given  for
15        professional engineering experience as  defined  by  rule
16        for employment prior to receipt of a baccalaureate degree
17        if  the  employment  is  full-time while the applicant is
18        takes 8 or  more  years  (16  semesters  or  24  quarters
19        minimum)  as  a  part-time  student  taking fewer than 12
20        hours per semester or 8 hours per  quarter  to  earn  the
21        degree   concurrent   with   the   full-time  engineering
22        experience employment.
23             (3)  If  an  applicant  files  an  application   and
24        supporting  documents  containing a material misstatement
25        of information or a misrepresentation for the purpose  of
26        obtaining  licensure  or  enrollment  or  if an applicant
27        performs any fraud or deceit in taking any examination to
28        qualify for licensure or enrollment under this  Act,  the
29        Department  may  issue a rule of intent to deny licensure
30        or enrollment and may conduct  a  hearing  in  accordance
31        with  Sections  26  through  33 and Sections 37 and 38 of
32        this Act.
33        The Board may conduct oral interviews  of  any  applicant
34    under  Sections  10, 11, or 19 to assist in the evaluation of
                            -9-            LRB9205706LBgcam02
 1    the qualifications of the applicant.
 2        It is the responsibility of the applicant  to  supplement
 3    the application, when requested by the Board, by provision of
 4    additional documentation of education, including transcripts,
 5    course  content and credentials of the engineering college or
 6    college  granting  related  science  degrees,  or   of   work
 7    experience   to   permit   the   Board   to   determine   the
 8    qualifications  of the applicant.  The Department may require
 9    an  applicant,  at  the  applicant's  expense,  to  have   an
10    evaluation  of the applicant's education in a foreign country
11    by a nationally recognized educational body approved  by  the
12    Board in accordance with rules prescribed by the Department.
13        An  applicant  who  graduated from an engineering program
14    outside the United States or its territories and whose  first
15    language is not English shall submit certification of passage
16    of  the Test of English as a Foreign Language (TOEFL) and the
17    Test of Spoken English (TSE) as defined by rule.
18    (Source: P.A. 91-92, eff. 1-1-00.)

19        (225 ILCS 325/9) (from Ch. 111, par. 5209)
20        Sec. 9.  Licensure qualifications; Examinations;  Failure
21    or  refusal  to take examinations.  Examinations provided for
22    by this Act shall be conducted under rules prescribed by  the
23    Department.   Examinations  shall be held not less frequently
24    than semi-annually, at times and  places  prescribed  by  the
25    Department,  of  which  applicants  shall  be notified by the
26    Department in writing.
27        Beginning on or before January 1, 2005, a  principles  of
28    practice examination in Software Engineering shall be offered
29    to applicants.
30        Examinations  of  the  applicants  who  seek  to practice
31    professional  engineering  shall   ascertain:   (a)  if   the
32    applicant  has  an  adequate  understanding  of the basic and
33    engineering sciences, which shall embrace  subjects  required
                            -10-           LRB9205706LBgcam02
 1    of   candidates  for  an  approved  baccalaureate  degree  in
 2    engineering, and (b)  if the training and experience  of  the
 3    applicant  have  provided a background for the application of
 4    the  basic  and  engineering  sciences  to  the  solution  of
 5    engineering problems.  The Department may by  rule  prescribe
 6    additional   subjects   for   examination.  If  an  applicant
 7    neglects, fails without an approved  excuse,  or  refuses  to
 8    take  the  next  available  examination offered for licensure
 9    under this Act within 3 years after filing  the  application,
10    the  fee  paid  by  the  applicant shall be forfeited and the
11    application  denied.   If  an  applicant  fails  to  pass  an
12    examination for licensure under this Act within 3 years after
13    filing the application,  the  application  shall  be  denied.
14    However, such applicant may thereafter make a new application
15    for examination, accompanied by the required fee.
16    (Source: P.A. 88-595, eff. 8-26-94.)

17        (225 ILCS 325/12) (from Ch. 111, par. 5212)
18        Sec.  12.   Educational credits or teaching as equivalent
19    of experience.
20        (a)  After earning an acceptable baccalaureate degree  as
21    required   by   subsection  (a)  or  (b)  of  Section  10  in
22    engineering or related  science  and  upon  completion  of  a
23    Master's degree in engineering, the applicant may receive one
24    year  of  experience  credit.   Upon completion of a Ph.D. in
25    engineering, an applicant  may  receive  an  additional  year
26    experience credit for a maximum of 2 years.
27        (b)  Teaching  engineering  subjects  in  an  engineering
28    college  at  a  rank  of  instructor  or  above is considered
29    experience in engineering.
30        (c)  (Blank).
31    (Source: P.A. 91-92, eff. 1-1-00.)

32        (225 ILCS 325/14) (from Ch. 111, par. 5214)
                            -11-           LRB9205706LBgcam02
 1        Sec. 14.  Seal.  Every professional engineer shall have a
 2    seal or stamp, the print of which shall be  reproducible  and
 3    contain   the   name   of   the  professional  engineer,  the
 4    professional  engineer's  license  number,  and   the   words
 5    "Licensed   Professional   Engineer   of   Illinois".     Any
 6    reproducible stamp heretofore authorized under  the  laws  of
 7    this  state  for  use  by  a professional engineer, including
 8    those with the words  "Registered  Professional  Engineer  of
 9    Illinois",  shall serve the same purpose as the seal provided
10    for by this Act.   When technical  submissions  are  prepared
11    utilizing  a computer or other electronic means, the seal may
12    be  generated  by  the  computer.   Signatures  generated  by
13    computer shall not be permitted.
14        The professional engineer who has contract responsibility
15    shall seal a cover sheet of the  technical  submissions,  and
16    those  individual  portions  of the technical submissions for
17    which the professional engineer is legally and professionally
18    responsible.  The professional  engineer  practicing  as  the
19    support  design  professional  shall  seal  those  individual
20    portions  of technical submissions for which the professional
21    engineer is legally and professionally responsible.
22        The use of a professional engineer's  seal  on  technical
23    submissions  constitutes a representation by the professional
24    engineer that the work has been  prepared  by  or  under  the
25    personal   supervision   of   the  professional  engineer  or
26    developed in conjunction with the use of accepted engineering
27    standards.  The use of the seal further represents  that  the
28    work  has  been  prepared and administered in accordance with
29    the standards of reasonable professional skill and diligence.
30        It  is  unlawful  to  affix  one's  seal   to   technical
31    submissions  if  it masks the true identity of the person who
32    actually exercised direction, control and supervision of  the
33    preparation  of such work.  A professional engineer who seals
34    and signs technical submissions is not responsible for damage
                            -12-           LRB9205706LBgcam02
 1    caused by subsequent changes to or uses  of  those  technical
 2    submissions,  where the subsequent changes or uses, including
 3    changes or uses made by State or local governmental agencies,
 4    are not authorized or approved by the  professional  engineer
 5    who originally sealed and signed the technical submissions.
 6    (Source: P.A. 91-92, eff. 1-1-00.)

 7        (225 ILCS 325/15) (from Ch. 111, par. 5215)
 8        Sec.   15.    Technical   submissions.    All   technical
 9    submissions  prepared by or under the personal supervision of
10    a  professional  engineer  shall   bear   that   professional
11    engineer's seal, signature, and license expiration date.  The
12    licensee's  written signature and date of signing, along with
13    the date of license expiration, shall be placed  adjacent  to
14    the  seal.   Computer generated signatures are not permitted.
15        The professional engineer who has contract responsibility
16    shall seal a cover sheet of the  technical  submissions,  and
17    those  individual  portions  of the technical submissions for
18    which the professional engineer is legally and professionally
19    responsible.  The professional  engineer  practicing  as  the
20    support  design  professional  shall  seal  those  individual
21    portions  of technical submissions for which the professional
22    engineer is legally and professionally responsible.
23        All   technical   submissions   intended   for   use   in
24    construction in the State of Illinois shall be  prepared  and
25    administered  in  accordance  with  standards  of  reasonable
26    professional  skill  and  diligence.   Care shall be taken to
27    reflect  the  requirements  of  State  statutes  and,   where
28    applicable,   county   and   municipal   ordinances  in  such
29    documents. In recognition  that  professional  engineers  are
30    licensed  for the protection of the public health, safety and
31    welfare, documents shall be of such quality and scope, and be
32    so administered as to conform to professional standards.
33    (Source: P.A. 91-92, eff. 1-1-00.)
                            -13-           LRB9205706LBgcam02
 1        (225 ILCS 325/24) (from Ch. 111, par. 5224)
 2        Sec. 24.  Rules of professional conduct; disciplinary  or
 3    administrative action.
 4        (a)  The  Department  shall adopt rules setting standards
 5    of professional conduct and establish appropriate penalty for
 6    the breach of such rules.
 7        (a-1)  The Department may, singularly or in  combination,
 8    refuse to issue, restore, or renew a license or registration,
 9    revoke  or  suspend  a  license  or registration, or place on
10    probation, reprimand, or impose a civil penalty not to exceed
11    $10,000  upon  any  person,  corporation,   partnership,   or
12    professional  design  firm  licensed or registered under this
13    Act for any one or combination of the following:
14             (1)  Material misstatement in furnishing information
15        to the Department.
16             (2)  Failure to comply with any provisions  of  this
17        Act or any of its rules.
18             (3)  Conviction  of  any crime under the laws of the
19        United States, or any state or territory  thereof,  which
20        is  a  felony,  whether  related  to  practice or not, or
21        conviction of any crime, whether a  felony,  misdemeanor,
22        or otherwise, an essential element of which is dishonesty
23        or   which   is  directly  related  to  the  practice  of
24        engineering.
25             (4)  Making any misrepresentation for the purpose of
26        obtaining licensure, or in applying  for  restoration  or
27        renewal; or practice of any fraud or deceit in taking any
28        examination to qualify for licensure under this Act.
29             (5)  Purposefully making false statements or signing
30        false  statements,  certificates, or affidavits to induce
31        payment.
32             (6)  Negligence, incompetence or misconduct  in  the
33        practice   of  professional  engineering  as  a  licensed
34        professional  engineer  or  in  working  as  an  engineer
                            -14-           LRB9205706LBgcam02
 1        intern.
 2             (7)  Aiding or assisting another person in violating
 3        any provision of this Act or its rules.
 4             (8)  Failing to provide information in response to a
 5        written request made by the  Department  within  30  days
 6        after receipt of such written request.
 7             (9)  Engaging    in   dishonorable,   unethical   or
 8        unprofessional conduct of a character likely to  deceive,
 9        defraud or harm the public.
10             (10)  Habitual  intoxication or addiction to the use
11        of drugs.
12             (11)  Discipline by the  United  States  Government,
13        another  state,  District of Columbia, territory, foreign
14        nation or government agency,  if  at  least  one  of  the
15        grounds  for  the discipline is the same or substantially
16        equivalent to those set forth in this Act.
17             (12)  Directly or indirectly giving to or  receiving
18        from   any  person,  firm,  corporation,  partnership  or
19        association any fee, commission, rebate or other form  of
20        compensation  for  any professional services not actually
21        or personally rendered.
22             (13)  A finding by the Board that  an  applicant  or
23        registrant  has  failed  to  pay  a  fine  imposed by the
24        Department, a registrant whose license has been placed on
25        probationary status has violated the terms of  probation,
26        or  a  registrant  has practiced on an expired, inactive,
27        suspended, or revoked license.
28             (14)  Signing, affixing the professional  engineer's
29        seal or permitting the professional engineer's seal to be
30        affixed  to  any  technical  submissions  not prepared as
31        required by Section 14  or  completely  reviewed  by  the
32        professional   engineer   or   under   the   professional
33        engineer's direct supervision.
34             (15)  Physical illness, including but not limited to
                            -15-           LRB9205706LBgcam02
 1        deterioration  through the aging process or loss of motor
 2        skill, which results in the  inability  to  practice  the
 3        profession with reasonable judgment, skill or safety.
 4             (16)  The  making  of  a  statement  pursuant to the
 5        Environmental Barriers Act that a plan  for  construction
 6        or alteration of a public facility or for construction of
 7        a  multi-story  housing  unit  is  in compliance with the
 8        Environmental Barriers Act  when  such  plan  is  not  in
 9        compliance.
10             (17)  Failing  to  file a return, or to pay the tax,
11        penalty or interest shown in a filed return,  or  to  pay
12        any  final  assessment  of  tax,  penalty  or interest as
13        required by  a  tax  Act  administered  by  the  Illinois
14        Department   of   Revenue,   until   such   time  as  the
15        requirements of any such tax Act are satisfied.
16        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
17    showing of a possible violation may compel a person  licensed
18    to  practice under this Act, or who has applied for licensure
19    or certification pursuant to this Act, to submit to a  mental
20    or  physical  examination, or both, as required by and at the
21    expense of the Department.  The examining physicians shall be
22    those specifically designated by the Board.  The Board or the
23    Department may  order  the  examining  physician  to  present
24    testimony  concerning  this mental or physical examination of
25    the licensee  or applicant.  No information shall be excluded
26    by reason of any common law or statutory  privilege  relating
27    to  communications  between the licensee or applicant and the
28    examining physician.  The person to be examined may have,  at
29    his  or  her  own  expense,  another  physician of his or her
30    choice  present  during  all  aspects  of  the   examination.
31    Failure  of  any  person  to  submit  to a mental or physical
32    examination, when directed, shall be grounds  for  suspension
33    of  a  license until the person submits to the examination if
34    the Board finds, after notice and hearing, that  the  refusal
                            -16-           LRB9205706LBgcam02
 1    to submit to the examination was without reasonable cause.
 2        If the Board finds a person unable to practice because of
 3    the  reasons set forth in this Section, the Board may require
 4    that person to submit to care, counseling,  or  treatment  by
 5    physicians   approved   or  designated  by  the  Board  as  a
 6    condition, term, or restriction for continued, reinstated, or
 7    renewed  licensure  to  practice;  or,  in  lieu   of   care,
 8    counseling,  or  treatment,  the  Board  may recommend to the
 9    Department  to  file  a  complaint  to  immediately  suspend,
10    revoke, or otherwise discipline the license  of  the  person.
11    Any  person whose license was granted, continued, reinstated,
12    renewed, disciplined, or supervised subject  to  such  terms,
13    conditions, or restrictions and who fails to comply with such
14    terms,  conditions,  or restrictions shall be referred to the
15    Director for a determination as to whether the  person  shall
16    have  his  or  her  license  suspended immediately, pending a
17    hearing by the Board.
18        (b)  The  determination  by  a  circuit  court   that   a
19    registrant  is  subject  to involuntary admission or judicial
20    admission as provided in the Mental Health and  Developmental
21    Disabilities  Code,  as now or hereafter amended, operates as
22    an automatic suspension.  Such suspension will end only  upon
23    a finding by a court that the patient is no longer subject to
24    involuntary  admission or judicial admission, the issuance of
25    an order so finding and  discharging  the  patient,  and  the
26    recommendation   of  the  Board  to  the  Director  that  the
27    registrant be allowed to resume practice.
28    (Source: P.A. 91-92, eff. 1-1-00.)

29        (225 ILCS 325/39) (from Ch. 111, par. 5239)
30        Sec. 39.  Violations.
31        (a)  Using or attempting to use  an  expired  license  or
32    registration is a Class A misdemeanor.
33        (b)  Each  of the following acts is a Class A misdemeanor
                            -17-           LRB9205706LBgcam02
 1    for the first offense and a Class 4 Felony for  a  second  or
 2    subsequent offense:
 3             (1)  A violation of any provision of this Act or its
 4        rules,  except  as noted in subsection (a) or (c) of this
 5        Section;
 6             (2)  The  making  of  any  wilfully  false  oath  or
 7        affirmation in any matter or proceeding where an oath  or
 8        affirmation is required by this Act;
 9             (3)  Using   or   attempting  to  use  an  inactive,
10        suspended, or revoked license or the license or  seal  of
11        another, or impersonating another licensee, or practicing
12        professional engineering while one's license is inactive,
13        suspended, or revoked;
14             (4)  The  practice, attempt to practice, or offer to
15        practice professional engineering without a license as  a
16        licensed   professional   engineer,   with  each  day  of
17        practicing professional  engineering,  or  attempting  to
18        practice  professional  engineering, and each instance of
19        offering to practice professional engineering  without  a
20        license  as a licensed professional engineer constituting
21        a separate offense;
22             (5)  Advertising or displaying any sign or  card  or
23        other  device which might indicate to the public that the
24        person  or  entity  is  entitled   to   practice   as   a
25        professional  engineer,  or using the initials "P.E.", or
26        using the title "engineer" or  any  of  its  derivations,
27        unless   such   person  holds  an  active  license  as  a
28        professional engineer in the State of Illinois,  or  such
29        professional     service     corporation,    corporation,
30        partnership,  sole  proprietorship,  professional  design
31        firm, limited liability company, or other  entity  is  in
32        compliance with Section 23 of this Act; or
33             (6)  Obtaining  or attempting to obtain a license by
34        fraud.
                            -18-           LRB9205706LBgcam02
 1        (c)  A violation of  paragraphs  (3),  (6),  (10),  (11),
 2    (15),  or  (17)  of subsection (a-1) (a) of Section 24 is not
 3    subject to the penalty provisions of this Section.
 4    (Source: P.A.  88-428;  88-595,  eff.  8-26-94;  89-61,  eff.
 5    6-30-95)".

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