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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Professional Engineering Practice Act of | |||||||||||||||||||||||
5 | 1989 is amended by changing Sections 3, 4, and 24 as follows:
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6 | (225 ILCS 325/3) (from Ch. 111, par. 5203)
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7 | (Section scheduled to be repealed on January 1, 2010)
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8 | Sec. 3. Application of the Act; Exemptions.
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9 | (a) Nothing in this Act shall be construed to prevent the | |||||||||||||||||||||||
10 | practice of
structural engineering as defined in the Structural
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11 | Engineering Practice Act of 1989 or the practice of
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12 | architecture
as defined in the Illinois Architecture Practice | |||||||||||||||||||||||
13 | Act of 1989 or the
regular and customary practice of | |||||||||||||||||||||||
14 | construction contracting and construction
management as | |||||||||||||||||||||||
15 | performed by construction contractors.
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16 | (b) Nothing in this Act shall prevent:
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17 | (1) Employees, including project representatives, of | |||||||||||||||||||||||
18 | professional
engineers lawfully practicing as sole owners, | |||||||||||||||||||||||
19 | partnerships or
corporations under this Act, from acting | |||||||||||||||||||||||
20 | under the direct supervision of
their employers.
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21 | (2) The employment of owner's representatives by the | |||||||||||||||||||||||
22 | owner during the
constructing, adding to, or altering of a | |||||||||||||||||||||||
23 | project, or any parts thereof,
provided that such owner's | |||||||||||||||||||||||
24 | representative shall not have the authority
to deviate from | |||||||||||||||||||||||
25 | the technical submissions without the prior approval of
the | |||||||||||||||||||||||
26 | professional engineer for the project.
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27 | (3) The practice of officers and employees of the | |||||||||||||||||||||||
28 | Government of the
United States while engaged within this | |||||||||||||||||||||||
29 | State in the practice of the
profession of engineering for | |||||||||||||||||||||||
30 | the Government.
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31 | (4) Services performed by employees of a business | |||||||||||||||||||||||
32 | organization engaged
in utility, industrial or |
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1 | manufacturing operations, or by employees of
laboratory | ||||||
2 | research affiliates of such business organization which | ||||||
3 | are
rendered in connection with the fabrication or | ||||||
4 | production, sale, and
installation of products, systems, | ||||||
5 | or nonengineering services of the
business organization or | ||||||
6 | its affiliates.
| ||||||
7 | (5) Inspection, maintenance and service work done by | ||||||
8 | employees of the
State of Illinois, any political | ||||||
9 | subdivision thereof or any
municipality.
| ||||||
10 | (6) The activities performed by those ordinarily | ||||||
11 | designated as chief
engineer of plant operation, chief | ||||||
12 | operating engineer, locomotive,
stationary, marine, power | ||||||
13 | plant or hoisting and portable engineers,
electrical | ||||||
14 | maintenance or service engineers, personnel employed in
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15 | connection with construction, operation or maintenance of | ||||||
16 | street
lighting, traffic control signals, police and fire | ||||||
17 | alarm systems,
waterworks, steam, electric, and sewage | ||||||
18 | treatment and disposal plants,
or the services ordinarily | ||||||
19 | performed by any worker regularly employed as
a locomotive, | ||||||
20 | stationary, marine, power plant, or hoisting and portable
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21 | engineer or electrical maintenance or service engineer for | ||||||
22 | any
corporation, contractor or employer.
| ||||||
23 | (7) The activities performed by a person ordinarily | ||||||
24 | designated as
a supervising engineer or supervising | ||||||
25 | electrical maintenance or service
engineer who supervises | ||||||
26 | the operation of, or who operates, machinery or
equipment, | ||||||
27 | or who supervises construction or the installation of
| ||||||
28 | equipment within a plant which is under such person's | ||||||
29 | immediate
supervision.
| ||||||
30 | (8) The services, for private use, of contractors or | ||||||
31 | owners in the
construction of engineering works or the | ||||||
32 | installation of equipment.
| ||||||
33 | (c) No officer, board, commission, or other public entity | ||||||
34 | charged with
the enforcement of codes and ordinances involving | ||||||
35 | a professional
engineering project shall accept for filing or | ||||||
36 | approval any technical
submissions that do not bear the seal |
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1 | and signature of a professional
engineer licensed under this | ||||||
2 | Act.
| ||||||
3 | (d) Nothing contained in this Section imposes upon a person | ||||||
4 | licensed
under this Act the responsibility for the performance | ||||||
5 | of any of the
foregoing functions unless such person | ||||||
6 | specifically contracts to provide it.
| ||||||
7 | (e) Nothing in this Act shall be construed to prohibit any | ||||||
8 | individual from exercising their rights pursuant to the | ||||||
9 | National Labor Relations Act, 29 U.S.C. 151, et seq., and the | ||||||
10 | Labor Management Relations Act, 29 U.S.C. 141, et seq., | ||||||
11 | including the right to self-organization, the right to form, | ||||||
12 | join, or assist labor organizations, the right to bargain | ||||||
13 | collectively through representatives of their own choosing, | ||||||
14 | and the right to engage in other concerted activities for the | ||||||
15 | purpose of collective bargaining or other mutual aid or | ||||||
16 | protection as provided in 29 U.S.C. 157, et seq. | ||||||
17 | (f) Nothing in this Act shall be construed to prohibit any | ||||||
18 | professional engineer or any professional engineering company | ||||||
19 | from lawfully obtaining work, even if such work had previously | ||||||
20 | been let to or performed by a competitor professional | ||||||
21 | engineering company. This includes accepting work previously | ||||||
22 | performed by a competitor, regardless of the reason the | ||||||
23 | competitor is no longer performing such work and regardless of | ||||||
24 | whether the existence of a labor dispute played any role in the | ||||||
25 | competitor's losing the performance of certain work.
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26 | (Source: P.A. 91-91, eff. 1-1-00.)
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27 | (225 ILCS 325/4) (from Ch. 111, par. 5204)
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28 | (Section scheduled to be repealed on January 1, 2010)
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29 | Sec. 4. Definitions. As used in this Act:
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30 | (a) "Approved engineering curriculum" means
an engineering | ||||||
31 | curriculum or program
of 4 academic years or more which meets | ||||||
32 | the standards established by the
rules of the Department.
| ||||||
33 | (b) "Board" means the State Board of Professional Engineers | ||||||
34 | of the
Department of Professional Regulation, previously known | ||||||
35 | as the Examining
Committee.
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1 | (c) "Department" means the Department of Professional | ||||||
2 | Regulation.
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3 | (d) "Design professional" means an architect, structural | ||||||
4 | engineer or
professional engineer practicing in conformance | ||||||
5 | with the Illinois
Architecture Practice Act of 1989, the | ||||||
6 | Structural
Engineering Practice Act of 1989 or the
Professional | ||||||
7 | Engineering Practice Act of 1989.
| ||||||
8 | (e) "Director" means the Director of Professional | ||||||
9 | Regulation.
| ||||||
10 | (f) "Direct supervision/responsible charge" means work
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11 | prepared under the control of a licensed professional engineer | ||||||
12 | or that
work as to which that professional engineer has | ||||||
13 | detailed professional
knowledge.
| ||||||
14 | (g) "Engineering college" means a school, college, | ||||||
15 | university,
department of a university or other educational | ||||||
16 | institution, reputable
and in good standing in accordance with | ||||||
17 | rules prescribed by the
Department, and which grants | ||||||
18 | baccalaureate degrees in engineering.
| ||||||
19 | (h) "Engineering system or facility" means a system or | ||||||
20 | facility whose
design is based upon the application of the | ||||||
21 | principles of science for
the purpose of modification of | ||||||
22 | natural states of being.
| ||||||
23 | (i) "Engineer intern" means a person who is a candidate for
| ||||||
24 | licensure as a professional engineer and who has been enrolled | ||||||
25 | as an
engineer intern.
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26 | (j) "Enrollment" means an action by the Department to | ||||||
27 | record those
individuals who have met the Board's requirements | ||||||
28 | for an engineer
intern.
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29 | (k) "License" means an official document issued by the | ||||||
30 | Department to
an individual, a corporation, a partnership, a | ||||||
31 | professional
service corporation, a limited liability company, | ||||||
32 | or a sole proprietorship,
signifying authority to
practice.
| ||||||
33 | (l) "Negligence in the practice of professional | ||||||
34 | engineering" means the
failure to exercise that degree of | ||||||
35 | reasonable professional skill, judgment
and diligence normally | ||||||
36 | rendered by professional engineers in the
practice of |
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1 | professional engineering.
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2 | (m) "Professional engineer" means a person licensed under | ||||||
3 | the laws
of the State of Illinois to practice professional | ||||||
4 | engineering.
| ||||||
5 | (n) "Professional engineering" means the application of | ||||||
6 | science to the
design of engineering systems and facilities | ||||||
7 | using the knowledge,
skills, ability and professional judgment | ||||||
8 | developed through professional
engineering education, training | ||||||
9 | and experience.
| ||||||
10 | (o) "Professional engineering practice" means the | ||||||
11 | consultation on,
conception, investigation, evaluation, | ||||||
12 | planning, and design of, and
selection of materials to be used | ||||||
13 | in, administration of
construction contracts for, or site | ||||||
14 | observation of,
an engineering system
or facility, where such | ||||||
15 | consultation, conception, investigation,
evaluation, planning, | ||||||
16 | design, selection, administration, or observation
requires | ||||||
17 | extensive knowledge of engineering laws, formulae, materials,
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18 | practice, and construction methods. A person shall be construed | ||||||
19 | to
practice or offer to practice professional engineering, | ||||||
20 | within the
meaning and intent of this Act, who practices, or | ||||||
21 | who, by verbal claim,
sign, advertisement, letterhead, card, or | ||||||
22 | any other way, is represented
to be a professional engineer, or | ||||||
23 | through the use of the initials "P.E."
or the title "engineer" | ||||||
24 | or any of its derivations or some other title
implies licensure | ||||||
25 | as a professional engineer, or holds himself out as able to
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26 | perform any service which is recognized as professional | ||||||
27 | engineering
practice.
| ||||||
28 | Examples of the practice of professional engineering | ||||||
29 | include, but need
not be limited to, transportation facilities | ||||||
30 | and publicly owned
utilities for a region or community,
| ||||||
31 | railroads, railways, highways, subways, canals, harbors, river
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32 | improvements; irrigation works; aircraft, airports and landing | ||||||
33 | fields;
waterworks, piping systems and appurtenances, sewers, | ||||||
34 | sewage disposal
works; plants for the generation of
power; | ||||||
35 | devices for the utilization of power; boilers; refrigeration
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36 | plants, air conditioning systems and plants; heating systems |
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1 | and plants;
plants for the transmission or distribution of | ||||||
2 | power; electrical plants
which produce, transmit, distribute, | ||||||
3 | or utilize electrical energy; works
for the extraction of | ||||||
4 | minerals from the earth; plants for the refining,
alloying or | ||||||
5 | treating of metals; chemical works and industrial plants
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6 | involving the use of chemicals and chemical processes; plants | ||||||
7 | for the
production, conversion, or utilization of nuclear, | ||||||
8 | chemical, or radiant
energy; forensic engineering, | ||||||
9 | geotechnical engineering including,
subsurface investigations; | ||||||
10 | soil classification, geology and geohydrology,
incidental to | ||||||
11 | the practice of professional engineering; energy
analysis, | ||||||
12 | environmental design, hazardous waste mitigation and control;
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13 | recognition, measurement, evaluation and control of | ||||||
14 | environmental systems and
emissions; automated building | ||||||
15 | management systems;
or the provision of professional | ||||||
16 | engineering site observation of the
construction of works and | ||||||
17 | engineering systems. Nothing contained in
this Section imposes | ||||||
18 | upon a person licensed under this Act the
responsibility for | ||||||
19 | the performance of any of the foregoing functions
unless such | ||||||
20 | person specifically contracts to provide it.
| ||||||
21 | (p) "Project representative" means the professional | ||||||
22 | engineer's
representative at the project site who assists in | ||||||
23 | the administration of
the construction contract.
| ||||||
24 | (q) "Registered" means the same as "licensed" for purposes | ||||||
25 | of this Act.
| ||||||
26 | (r) "Related science curriculum" means a 4 year program of | ||||||
27 | study, the
satisfactory completion of which results in a | ||||||
28 | Bachelor of Science
degree, and which contains courses from | ||||||
29 | such areas as life, earth,
engineering and computer sciences, | ||||||
30 | including but not limited to, physics
and chemistry. In the | ||||||
31 | study of these sciences, the objective is to
acquire | ||||||
32 | fundamental knowledge about the nature of its phenomena,
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33 | including quantitative expression, appropriate to particular | ||||||
34 | fields of
engineering.
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35 | (s) "Rules" means those rules promulgated pursuant to this | ||||||
36 | Act.
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1 | (t) "Seal" means the seal in compliance with Section 14 of | ||||||
2 | this Act.
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3 | (u) "Site observation" is visitation of the construction | ||||||
4 | site for the
purpose of reviewing, as available, the quality | ||||||
5 | and conformance of the
work to the technical submissions as | ||||||
6 | they relate to design.
| ||||||
7 | (v) "Support design professional" means a professional | ||||||
8 | engineer
practicing in conformance with the Professional | ||||||
9 | Engineering Practice Act
of 1989, who provides services to the | ||||||
10 | design professional who has
contract responsibility.
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11 | (w) "Technical submissions" means designs, drawings, and | ||||||
12 | specifications
which establish the standard of quality for | ||||||
13 | materials, workmanship,
equipment, and the construction | ||||||
14 | systems, studies, and other technical
reports prepared in the | ||||||
15 | course of a design professional's practice.
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16 | (x) "Labor organization" means a labor organization as | ||||||
17 | defined by the National Labor Relations Act, 29 U.S.C. 151, et | ||||||
18 | seq.
| ||||||
19 | (y) "Labor dispute" means any dispute between a labor | ||||||
20 | organization and any employer, as further described by the | ||||||
21 | National Labor Relations Act, 29 U.S.C. 151, et seq., or any | ||||||
22 | National Labor Relations Board or other precedent interpreting | ||||||
23 | the National Labor Relations Act
| ||||||
24 | (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | ||||||
25 | eff. 6-28-01;
92-145, eff. 1-1-02.)
| ||||||
26 | (225 ILCS 325/24) (from Ch. 111, par. 5224)
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27 | (Section scheduled to be repealed on January 1, 2010)
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28 | Sec. 24. Rules of professional conduct; disciplinary or
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29 | administrative
action.
| ||||||
30 | (a) The Department shall adopt rules setting standards of | ||||||
31 | professional
conduct and establish appropriate
penalty for the | ||||||
32 | breach of such rules.
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33 | (a-1) The Department may, singularly or in combination,
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34 | refuse to issue, restore, or renew a license or registration, | ||||||
35 | revoke or
suspend a license or registration, or place on |
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1 | probation,
reprimand,
or
impose a civil penalty not to exceed | ||||||
2 | $10,000 upon any person, corporation,
partnership, or | ||||||
3 | professional design firm licensed or registered under
this Act | ||||||
4 | for any one or combination of the following:
| ||||||
5 | (1) Material misstatement in furnishing information to | ||||||
6 | the
Department.
| ||||||
7 | (2) Failure to comply with any provisions of this Act | ||||||
8 | or any of its
rules.
| ||||||
9 | (3) Conviction of any crime under the laws of the | ||||||
10 | United States, or
any state or territory thereof, which is | ||||||
11 | a felony, whether related to
practice or not, or conviction | ||||||
12 | of any crime, whether a felony,
misdemeanor, or otherwise, | ||||||
13 | an essential element of which is dishonesty
or which is | ||||||
14 | directly related to the practice of engineering.
| ||||||
15 | (4) Making any misrepresentation for the purpose of | ||||||
16 | obtaining
licensure, or in applying for restoration or | ||||||
17 | renewal; or practice of any
fraud or deceit in taking any | ||||||
18 | examination to qualify for licensure under
this Act.
| ||||||
19 | (5) Purposefully making false statements or signing | ||||||
20 | false statements,
certificates, or affidavits to induce | ||||||
21 | payment.
| ||||||
22 | (6) Negligence, incompetence or misconduct in the | ||||||
23 | practice of professional
engineering as a licensed | ||||||
24 | professional engineer or in working as an engineer
intern.
| ||||||
25 | (7) Aiding or assisting another person in violating any | ||||||
26 | 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 after | ||||||
29 | 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. This item (9) shall not | ||||||
33 | prohibit a professional engineering company from obtaining | ||||||
34 | work, even where such work may have been previously bid to | ||||||
35 | or performed by a competitor professional engineering | ||||||
36 | company. This includes, but is not limited to, obtaining |
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1 | work previously performed by a competitor where any labor | ||||||
2 | dispute played any role in the competitor's losing of such | ||||||
3 | business.
| ||||||
4 | (10) Habitual intoxication or addiction to the use of | ||||||
5 | drugs.
| ||||||
6 | (11) Discipline by the United States Government, | ||||||
7 | another state,
District of Columbia, territory, foreign | ||||||
8 | nation or government agency, if
at least one of the grounds | ||||||
9 | for the discipline is the same or
substantially equivalent | ||||||
10 | to those set forth in this Act.
| ||||||
11 | (12) Directly or indirectly giving to or receiving from | ||||||
12 | any person,
firm, corporation, partnership or association | ||||||
13 | any fee, commission,
rebate or other form of compensation | ||||||
14 | for any professional services not
actually or personally | ||||||
15 | rendered.
| ||||||
16 | (13) A finding by the Board that
an applicant or | ||||||
17 | registrant has failed to pay a fine imposed
by the | ||||||
18 | Department, a registrant
whose license has been
placed on | ||||||
19 | probationary status has violated the terms of probation, or | ||||||
20 | a
registrant has practiced on an expired, inactive, | ||||||
21 | suspended, or
revoked license.
| ||||||
22 | (14) Signing, affixing the professional engineer's | ||||||
23 | seal or permitting
the professional engineer's seal to be | ||||||
24 | affixed to any technical
submissions not prepared as | ||||||
25 | required by Section 14 or completely reviewed by
the | ||||||
26 | professional engineer or under the professional engineer's | ||||||
27 | direct
supervision.
| ||||||
28 | (15) Physical illness, including but not limited to | ||||||
29 | deterioration
through the aging process or loss of motor | ||||||
30 | skill, which results in the
inability to practice the | ||||||
31 | profession with reasonable judgment, skill or
safety.
| ||||||
32 | (16) The making of a statement pursuant to the | ||||||
33 | Environmental Barriers
Act that a plan for construction or | ||||||
34 | alteration of a public facility or
for construction of a | ||||||
35 | multi-story housing unit is in compliance with the
| ||||||
36 | Environmental Barriers Act when such plan is not in |
| |||||||
|
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1 | compliance.
| ||||||
2 | (17) Failing to file a return, or to pay the tax, | ||||||
3 | penalty or interest
shown in a filed return, or to pay any | ||||||
4 | final assessment of tax, penalty
or interest as required by | ||||||
5 | a tax Act administered by the Illinois
Department of | ||||||
6 | Revenue, until such time as the requirements of any such
| ||||||
7 | tax Act are satisfied.
| ||||||
8 | (18) Abusing this Act, or attempting to use this Act | ||||||
9 | for purposes outside those central to the practice of | ||||||
10 | professional engineering as defined by this Act. This | ||||||
11 | includes but is not limited to, attempting to use this Act | ||||||
12 | in an effort to interfere with union organizing, employees' | ||||||
13 | choice of a labor organization as their representative, or | ||||||
14 | the pursuit of business opportunities of any competitor | ||||||
15 | company also licensed under this Act.
| ||||||
16 | (a-5) In enforcing this Section, the Board upon a showing | ||||||
17 | of a possible
violation may compel a person licensed to | ||||||
18 | practice under this Act, or who has
applied for licensure or | ||||||
19 | certification pursuant to this Act, to submit to a
mental or | ||||||
20 | 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 the | ||||||
25 | licensee or applicant. No information shall be excluded by | ||||||
26 | reason of
any common law or statutory privilege relating to | ||||||
27 | communications between the
licensee or applicant and the | ||||||
28 | examining physician. The person to be examined
may have, at his | ||||||
29 | or her own expense, another physician of his or her choice
| ||||||
30 | present during all aspects of the examination. Failure of any | ||||||
31 | person to submit
to a mental or physical examination, when | ||||||
32 | directed, shall be grounds for
suspension of a license until | ||||||
33 | the person submits to the examination if the
Board
finds, after | ||||||
34 | notice and hearing, that the refusal to submit to the | ||||||
35 | examination
was
without reasonable cause.
| ||||||
36 | If the Board finds a person unable to practice because of |
| |||||||
|
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1 | the reasons set
forth in this Section, the Board may require | ||||||
2 | that person to submit to care,
counseling, or treatment by | ||||||
3 | physicians approved or designated by the Board as
a condition, | ||||||
4 | term, or restriction for continued, reinstated, or renewed
| ||||||
5 | licensure to practice; or, in lieu of care, counseling, or | ||||||
6 | treatment, the Board
may recommend to the Department to file a | ||||||
7 | complaint to immediately suspend,
revoke, or otherwise | ||||||
8 | discipline the license of the person. Any person whose
license | ||||||
9 | was granted, continued, reinstated, renewed, disciplined, or | ||||||
10 | supervised
subject to such terms, conditions, or restrictions | ||||||
11 | and who fails to comply
with such terms, conditions, or | ||||||
12 | restrictions shall be referred to the Director
for a | ||||||
13 | determination as to whether the person shall have his or her | ||||||
14 | license
suspended immediately, pending a hearing by the Board.
| ||||||
15 | (b) The determination by a circuit court that a registrant | ||||||
16 | is subject
to involuntary admission or judicial admission as | ||||||
17 | provided in the Mental
Health and Developmental Disabilities | ||||||
18 | Code, as now or hereafter amended,
operates as an automatic | ||||||
19 | suspension. Such suspension will end only upon
a finding by a | ||||||
20 | court that the patient is no longer subject to
involuntary | ||||||
21 | admission or judicial admission, the issuance of an order
so | ||||||
22 | finding and discharging the patient, and the recommendation of | ||||||
23 | the Board to
the Director that the registrant be allowed to | ||||||
24 | resume practice.
| ||||||
25 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon | ||||||
27 | becoming law.
|