093_HB2274

 
                                     LRB093 09756 AMC 09998 b

 1        AN ACT concerning professional regulation.

 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 Section 24 as follows:

 6        (225 ILCS 325/24) (from Ch. 111, par. 5224)
 7        (Section scheduled to be repealed on January 1, 2010)
 8        Sec.  24.  Rules of professional conduct; disciplinary or
 9    administrative action.
10        (a)  The Department shall adopt rules  setting  standards
11    of professional conduct and establish appropriate penalty for
12    the breach of such rules.
13        (a-1)  The  Department may, singularly or in combination,
14    refuse to issue, restore, or renew a license or registration,
15    revoke or suspend a license  or  registration,  or  place  on
16    probation, reprimand, or impose a civil penalty not to exceed
17    $10,000   upon   any  person,  corporation,  partnership,  or
18    professional design firm licensed or  registered  under  this
19    Act for any one or combination of the following:
20             (1)  Material misstatement in furnishing information
21        to the Department.
22             (2)  Failure  to  comply with any provisions of this
23        Act or any of its rules.
24             (3)  Conviction of any crime under the laws  of  the
25        United  States,  or any state or territory thereof, which
26        is a felony, whether  related  to  practice  or  not,  or
27        conviction  of  any crime, whether a felony, misdemeanor,
28        or otherwise, an essential element of which is dishonesty
29        or  which  is  directly  related  to  the   practice   of
30        engineering.
31             (4)  Making any misrepresentation for the purpose of
 
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 1        obtaining  licensure,  or  in applying for restoration or
 2        renewal; or practice of any fraud or deceit in taking any
 3        examination to qualify for licensure under this Act.
 4             (5)  Purposefully making false statements or signing
 5        false statements, certificates, or affidavits  to  induce
 6        payment.
 7             (6)  Negligence,  incompetence  or misconduct in the
 8        practice  of  professional  engineering  as  a   licensed
 9        professional  engineer  or  in  working  as  an  engineer
10        intern.
11             (7)  Aiding or assisting another person in violating
12        any provision of this Act or its rules.
13             (8)  Failing to provide information in response to a
14        written  request  made  by  the Department within 30 days
15        after receipt of such written request.
16             (9)  Engaging   in   dishonorable,   unethical    or
17        unprofessional  conduct of a character likely to deceive,
18        defraud or harm the public.
19             (10)  Habitual intoxication or addiction to the  use
20        of drugs.
21             (11)  Discipline  by  the  United States Government,
22        another state, District of Columbia,  territory,  foreign
23        nation  or  government  agency,  if  at  least one of the
24        grounds for the discipline is the same  or  substantially
25        equivalent to those set forth in this Act.
26             (12)  Directly  or indirectly giving to or receiving
27        from  any  person,  firm,  corporation,  partnership   or
28        association  any fee, commission, rebate or other form of
29        compensation for any professional services  not  actually
30        or personally rendered.
31             (13)  A  finding  by  the Board that an applicant or
32        registrant has failed  to  pay  a  fine  imposed  by  the
33        Department, a registrant whose license has been placed on
34        probationary  status has violated the terms of probation,
 
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 1        or a registrant has practiced on  an  expired,  inactive,
 2        suspended, or revoked license.
 3             (14)  Signing,  affixing the professional engineer's
 4        seal or permitting the professional engineer's seal to be
 5        affixed to any  technical  submissions  not  prepared  as
 6        required  by  Section  14  or  completely reviewed by the
 7        professional   engineer   or   under   the   professional
 8        engineer's direct supervision.
 9             (15)  Physical illness, including but not limited to
10        deterioration through the aging process or loss of  motor
11        skill,  which  results  in  the inability to practice the
12        profession with reasonable judgment, skill or safety.
13             (16)  The making of  a  statement  pursuant  to  the
14        Environmental  Barriers  Act that a plan for construction
15        or alteration of a public facility or for construction of
16        a multi-story housing unit  is  in  compliance  with  the
17        Environmental  Barriers  Act  when  such  plan  is not in
18        compliance.
19             (17)  Failing to file a return, or to pay  the  tax,
20        penalty  or  interest  shown in a filed return, or to pay
21        any final assessment  of  tax,  penalty  or  interest  as
22        required  by  a  tax  Act  administered  by  the Illinois
23        Department  of  Revenue,   until   such   time   as   the
24        requirements of any such tax Act are satisfied.
25        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
26    showing  of a possible violation may compel a person licensed
27    to practice under this Act, or who has applied for  licensure
28    or  certification pursuant to this Act, to submit to a mental
29    or physical examination, or both, as required by and  at  the
30    expense of the Department.  The examining physicians shall be
31    those specifically designated by the Board.  The Board or the
32    Department  may  order  the  examining  physician  to present
33    testimony concerning this mental or physical  examination  of
34    the licensee  or applicant.  No information shall be excluded
 
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 1    by  reason  of any common law or statutory privilege relating
 2    to communications between the licensee or applicant  and  the
 3    examining  physician.  The person to be examined may have, at
 4    his or her own expense,  another  physician  of  his  or  her
 5    choice   present  during  all  aspects  of  the  examination.
 6    Failure of any person to  submit  to  a  mental  or  physical
 7    examination,  when  directed, shall be grounds for suspension
 8    of a license until the person submits to the  examination  if
 9    the  Board  finds, after notice and hearing, that the refusal
10    to submit to the examination was without reasonable cause.
11        If the Board finds a person unable to practice because of
12    the reasons set forth in this Section, the Board may  require
13    that  person  to  submit to care, counseling, or treatment by
14    physicians  approved  or  designated  by  the  Board   as   a
15    condition, term, or restriction for continued, reinstated, or
16    renewed   licensure   to  practice;  or,  in  lieu  of  care,
17    counseling, or treatment, the  Board  may  recommend  to  the
18    Department  to  file  a  complaint  to  immediately  suspend,
19    revoke,  or  otherwise  discipline the license of the person.
20    Any person whose license was granted, continued,  reinstated,
21    renewed,  disciplined,  or  supervised subject to such terms,
22    conditions, or restrictions and who fails to comply with such
23    terms, conditions, or restrictions shall be referred  to  the
24    Director  for  a determination as to whether the person shall
25    have his or her  license  suspended  immediately,  pending  a
26    hearing by the Board.
27        (a-10)  Nothing  in this Act shall prevent a person, sole
28    proprietorship,     professional     service     corporation,
29    corporation, limited liability company, partnership, or other
30    entity from performing their duties.   Nothing  in  this  Act
31    shall be deemed unethical or unprofessional because a person,
32    sole   proprietorship,   professional   service  corporation,
33    corporation, limited liability company, partnership, or other
34    entity licensed under this Act  is  a  member  of  or  has  a
 
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 1    collective  bargaining  agreement  with  a  labor union whose
 2    members are performing work on the same site.
 3        (b)  The  determination  by  a  circuit  court   that   a
 4    registrant  is  subject  to involuntary admission or judicial
 5    admission as provided in the Mental Health and  Developmental
 6    Disabilities  Code,  as now or hereafter amended, operates as
 7    an automatic suspension.  Such suspension will end only  upon
 8    a finding by a court that the patient is no longer subject to
 9    involuntary  admission or judicial admission, the issuance of
10    an order so finding and  discharging  the  patient,  and  the
11    recommendation   of  the  Board  to  the  Director  that  the
12    registrant be allowed to resume practice.
13    (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.