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Public Act 92-0145
SB289 Enrolled LRB9205706LBmg
AN ACT concerning the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Professional Engineering Practice Act of
1989 is amended by changing Sections 4, 5, 8, 9, 12, 14, 15,
24, and 39 as follows:
(225 ILCS 325/4) (from Ch. 111, par. 5204)
Sec. 4. Definitions. As used in this Act:
(a) "Approved engineering curriculum" means an
engineering curriculum or program of 4 academic years or more
which meets the standards established by the rules of the
Department.
(b) "Board" means the State Board of Professional
Engineers of the Department of Professional Regulation,
previously known as the Examining Committee.
(c) "Department" means the Department of Professional
Regulation.
(d) "Design professional" means an architect, structural
engineer or professional engineer practicing in conformance
with the Illinois Architecture Practice Act of 1989, the
Structural Engineering Practice Act of 1989 or the
Professional Engineering Practice Act of 1989.
(e) "Director" means the Director of Professional
Regulation.
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional
engineer or that work as to which that professional engineer
has detailed professional knowledge.
(g) "Engineering college" means a school, college,
university, department of a university or other educational
institution, reputable and in good standing in accordance
with rules prescribed by the Department, and which grants
baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or
facility whose design is based upon the application of the
principles of science for the purpose of modification of
natural states of being.
(i) "Engineer intern" means a person who is a candidate
for licensure as a professional engineer and who has been
enrolled as an engineer intern.
(j) "Enrollment" means an action by the Department to
record those individuals who have met the Board's
requirements for an engineer intern.
(k) "License" means an official document issued by the
Department to an individual, a corporation, a partnership, a
professional service corporation, a limited liability
company, or a sole proprietorship, signifying authority to
practice.
(l) "Negligence in the practice of professional
engineering" means the failure to exercise that degree of
reasonable professional skill, judgment and diligence
normally rendered by professional engineers in the practice
of professional engineering.
(m) "Professional engineer" means a person licensed
under the laws of the State of Illinois to practice
professional engineering.
(n) "Professional engineering" means the application of
science to the design of engineering systems and facilities
using the knowledge, skills, ability and professional
judgment developed through professional engineering
education, training and experience.
(o) "Professional engineering practice" means the
consultation on, conception, investigation, evaluation,
planning, and design of, and selection of materials and
methods to be used in, administration of construction
contracts for, or site observation of, an engineering system
or facility, where such consultation, conception,
investigation, evaluation, planning, design, selection,
administration, or observation requires extensive knowledge
of engineering laws, formulae, materials, practice, and
construction methods. A person shall be construed to
practice or offer to practice professional engineering,
within the meaning and intent of this Act, who practices, or
who, by verbal claim, sign, advertisement, letterhead, card,
or any other way, is represented to be a professional
engineer, or through the use of the initials "P.E." or the
title "engineer" or any of its derivations or some other
title implies licensure as a professional engineer, or holds
himself out as able to perform any service which is
recognized as professional engineering practice.
Examples of the practice of professional engineering
include, but need not be limited to, transportation
facilities and publicly owned utilities for a region or
community, railroads, railways, highways, subways, canals,
harbors, river improvements; irrigation works; aircraft,
airports and landing fields; waterworks, piping systems and
appurtenances, sewers, sewage disposal works; plants for the
generation of power; devices for the utilization of power;
boilers; refrigeration plants, air conditioning systems and
plants; heating systems and plants; plants for the
transmission or distribution of power; electrical plants
which produce, transmit, distribute, or utilize electrical
energy; works for the extraction of minerals from the earth;
plants for the refining, alloying or treating of metals;
chemical works and industrial plants involving the use of
chemicals and chemical processes; plants for the production,
conversion, or utilization of nuclear, chemical, or radiant
energy; forensic engineering, geotechnical engineering
including, subsurface investigations; soil classification,
geology and geohydrology, incidental to the practice of
professional engineering; energy analysis, environmental
design, hazardous waste mitigation and control; recognition,
measurement, evaluation and control of environmental systems
and emissions; automated building management systems; or the
provision of professional engineering site observation of the
construction of works and engineering systems. Nothing
contained in this Section imposes upon a person licensed
under this Act the responsibility for the performance of any
of the foregoing functions unless such person specifically
contracts to provide it.
(p) "Project representative" means the professional
engineer's representative at the project site who assists in
the administration of the construction contract.
(q) "Registered" means the same as "licensed" for
purposes of this Act.
(r) "Related science curriculum" means a 4 year program
of study, the satisfactory completion of which results in a
Bachelor of Science degree, and which contains courses from
such areas as life, earth, engineering and computer sciences,
including but not limited to, physics and chemistry. In the
study of these sciences, the objective is to acquire
fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular
fields of engineering.
(s) "Rules" means those rules promulgated pursuant to
this Act.
(t) "Seal" means the seal in compliance with Section 14
of this Act.
(u) "Site observation" is visitation of the construction
site for the purpose of reviewing, as available, the quality
and conformance of the work to the technical submissions as
they relate to design.
(v) "Support design professional" means a professional
engineer practicing in conformance with the Professional
Engineering Practice Act of 1989, who provides services to
the design professional who has contract responsibility.
(w) "Technical submissions" means designs, drawings, and
specifications which establish the standard of quality for
materials, workmanship, equipment, and the construction
systems, studies, and other technical reports prepared in the
course of a design professional's practice.
(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised
10-7-99.)
(225 ILCS 325/5) (from Ch. 111, par. 5205)
Sec. 5. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers and duties:
(a) To pass upon the qualifications and conduct
examinations of applicants for licensure as professional
engineers or enrollment as engineer interns and pass upon
the qualifications of applicants by endorsement and issue
a license or enrollment to those who are found to be fit
and qualified.;
(b) To prescribe rules for the method, conduct and
grading of the examination of applicants.;
(c) To license corporations, partnerships,
professional service corporations, limited liability
companies, and sole proprietorships for the practice of
professional engineering and issue a license to those who
qualify.;
(d) To conduct investigations and hearings
regarding violations of this Act and take disciplinary or
other actions as provided in this Act as a result of the
proceedings.;
(e) To prescribe rules as to what shall constitute
an engineering or related science curriculum and to
determine if a specific engineering curriculum is in
compliance with the rules, and to terminate the approval
of a specific engineering curriculum for non-compliance
with such rules.;
(f) To promulgate rules required for the
administration of this Act, including rules of
professional conduct.;
(g) To maintain membership in the National Council
of Examiners for Engineering and Surveying and
participate in activities of the Council by designation
of individuals for the various classifications of
membership, the appointment of delegates for attendance
at zone and national meetings of the Council, and the
funding of the delegates for attendance at the meetings
of the Council.; and
(h) To obtain written recommendations from the
Board regarding qualifications of individuals for
licensure and enrollment, definitions of curriculum
content and approval of engineering curricula, standards
of professional conduct and formal disciplinary actions,
and the promulgation of the rules affecting these
matters.
Prior to issuance of any final decision or order
that deviates from any report or recommendations of the
Board relating to the qualification of applicants,
discipline of licensees or registrants, or promulgation
of rules, the Director shall notify the Board in writing
with an explanation of any such deviation and provide a
reasonable time for the Board to submit written comments
to the Director regarding the proposed action. In the
event that the Board fails or declines to submit such
written comments within 30 days of said notification, the
Director may issue a final decision or orders consistent
with the Director's original decision. The Department
may at any time seek the expert advice and knowledge of
the Board on any matter relating to the enforcement of
this Act.
(i) To publish and distribute or to post on the
Department's website, at least semi-annually, a
newsletter to all persons licensed and registered under
this Act. The newsletter shall describe the most recent
changes in this Act and the rules adopted under this Act
and shall contain information of any final disciplinary
action that has been ordered under this Act since the
date of the last newsletter.
None of the functions, powers or duties enumerated in
this Section shall be exercised by the Department except upon
the action and report in writing of the Board.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/8) (from Ch. 111, par. 5208)
Sec. 8. Applications for licensure.
(a) Applications for licensure shall (1) be on forms
prescribed and furnished by the Department, (2) contain
statements made under oath showing the applicant's education
and a detailed summary of the applicant's technical work, and
(3) contain references as required by the Department.
(b) Applicants shall have obtained the education and
experience as required in Section 10 or Section 11 prior to
submittal of application for examination, except as provided
in subsection (b) of Section 11. Allowable experience shall
commence at the date of the baccalaureate degree, except:
(1) Credit for one year of experience shall be
given for a graduate of a baccalaureate curriculum
providing a cooperative program, which is supervised
industrial or field experience of at least one academic
year which alternates with periods of full-time academic
training, when such program is certified by the
university, or
(2) Partial credit may shall be given for
professional engineering experience as defined by rule
for employment prior to receipt of a baccalaureate degree
if the employment is full-time while the applicant is
takes 8 or more years (16 semesters or 24 quarters
minimum) as a part-time student taking fewer than 12
hours per semester or 8 hours per quarter to earn the
degree concurrent with the full-time engineering
experience employment.
(3) If an applicant files an application and
supporting documents containing a material misstatement
of information or a misrepresentation for the purpose of
obtaining licensure or enrollment or if an applicant
performs any fraud or deceit in taking any examination to
qualify for licensure or enrollment under this Act, the
Department may issue a rule of intent to deny licensure
or enrollment and may conduct a hearing in accordance
with Sections 26 through 33 and Sections 37 and 38 of
this Act.
The Board may conduct oral interviews of any applicant
under Sections 10, 11, or 19 to assist in the evaluation of
the qualifications of the applicant.
It is the responsibility of the applicant to supplement
the application, when requested by the Board, by provision of
additional documentation of education, including transcripts,
course content and credentials of the engineering college or
college granting related science degrees, or of work
experience to permit the Board to determine the
qualifications of the applicant. The Department may require
an applicant, at the applicant's expense, to have an
evaluation of the applicant's education in a foreign country
by a nationally recognized educational body approved by the
Board in accordance with rules prescribed by the Department.
An applicant who graduated from an engineering program
outside the United States or its territories and whose first
language is not English shall submit certification of passage
of the Test of English as a Foreign Language (TOEFL) and the
Test of Spoken English (TSE) as defined by rule.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/9) (from Ch. 111, par. 5209)
Sec. 9. Licensure qualifications; Examinations; Failure
or refusal to take examinations. Examinations provided for
by this Act shall be conducted under rules prescribed by the
Department. Examinations shall be held not less frequently
than semi-annually, at times and places prescribed by the
Department, of which applicants shall be notified by the
Department in writing.
Beginning on or before January 1, 2005, a principles of
practice examination in Software Engineering shall be offered
to applicants.
Examinations of the applicants who seek to practice
professional engineering shall ascertain: (a) if the
applicant has an adequate understanding of the basic and
engineering sciences, which shall embrace subjects required
of candidates for an approved baccalaureate degree in
engineering, and (b) if the training and experience of the
applicant have provided a background for the application of
the basic and engineering sciences to the solution of
engineering problems. The Department may by rule prescribe
additional subjects for examination. If an applicant
neglects, fails without an approved excuse, or refuses to
take the next available examination offered for licensure
under this Act within 3 years after filing the application,
the fee paid by the applicant shall be forfeited and the
application denied. If an applicant fails to pass an
examination for licensure under this Act within 3 years after
filing the application, the application shall be denied.
However, such applicant may thereafter make a new application
for examination, accompanied by the required fee.
(Source: P.A. 88-595, eff. 8-26-94.)
(225 ILCS 325/12) (from Ch. 111, par. 5212)
Sec. 12. Educational credits or teaching as equivalent
of experience.
(a) After earning an acceptable baccalaureate degree as
required by subsection (a) or (b) of Section 10 in
engineering or related science and upon completion of a
Master's degree in engineering, the applicant may receive one
year of experience credit. Upon completion of a Ph.D. in
engineering, an applicant may receive an additional year
experience credit for a maximum of 2 years.
(b) Teaching engineering subjects in an engineering
college at a rank of instructor or above is considered
experience in engineering.
(c) (Blank).
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/14) (from Ch. 111, par. 5214)
Sec. 14. Seal. Every professional engineer shall have a
seal or stamp, the print of which shall be reproducible and
contain the name of the professional engineer, the
professional engineer's license number, and the words
"Licensed Professional Engineer of Illinois". Any
reproducible stamp heretofore authorized under the laws of
this state for use by a professional engineer, including
those with the words "Registered Professional Engineer of
Illinois", shall serve the same purpose as the seal provided
for by this Act. When technical submissions are prepared
utilizing a computer or other electronic means, the seal may
be generated by the computer. Signatures generated by
computer shall not be permitted.
The professional engineer who has contract responsibility
shall seal a cover sheet of the technical submissions, and
those individual portions of the technical submissions for
which the professional engineer is legally and professionally
responsible. The professional engineer practicing as the
support design professional shall seal those individual
portions of technical submissions for which the professional
engineer is legally and professionally responsible.
The use of a professional engineer's seal on technical
submissions constitutes a representation by the professional
engineer that the work has been prepared by or under the
personal supervision of the professional engineer or
developed in conjunction with the use of accepted engineering
standards. The use of the seal further represents that the
work has been prepared and administered in accordance with
the standards of reasonable professional skill and diligence.
It is unlawful to affix one's seal to technical
submissions if it masks the true identity of the person who
actually exercised direction, control and supervision of the
preparation of such work. A professional engineer who seals
and signs technical submissions is not responsible for damage
caused by subsequent changes to or uses of those technical
submissions, where the subsequent changes or uses, including
changes or uses made by State or local governmental agencies,
are not authorized or approved by the professional engineer
who originally sealed and signed the technical submissions.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/15) (from Ch. 111, par. 5215)
Sec. 15. Technical submissions. All technical
submissions prepared by or under the personal supervision of
a professional engineer shall bear that professional
engineer's seal, signature, and license expiration date. The
licensee's written signature and date of signing, along with
the date of license expiration, shall be placed adjacent to
the seal. Computer generated signatures are not permitted.
The professional engineer who has contract responsibility
shall seal a cover sheet of the technical submissions, and
those individual portions of the technical submissions for
which the professional engineer is legally and professionally
responsible. The professional engineer practicing as the
support design professional shall seal those individual
portions of technical submissions for which the professional
engineer is legally and professionally responsible.
All technical submissions intended for use in
construction in the State of Illinois shall be prepared and
administered in accordance with standards of reasonable
professional skill and diligence. Care shall be taken to
reflect the requirements of State statutes and, where
applicable, county and municipal ordinances in such
documents. In recognition that professional engineers are
licensed for the protection of the public health, safety and
welfare, documents shall be of such quality and scope, and be
so administered as to conform to professional standards.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/24) (from Ch. 111, par. 5224)
Sec. 24. Rules of professional conduct; disciplinary or
administrative action.
(a) The Department shall adopt rules setting standards
of professional conduct and establish appropriate penalty for
the breach of such rules.
(a-1) The Department may, singularly or in combination,
refuse to issue, restore, or renew a license or registration,
revoke or suspend a license or registration, or place on
probation, reprimand, or impose a civil penalty not to exceed
$10,000 upon any person, corporation, partnership, or
professional design firm licensed or registered under this
Act for any one or combination of the following:
(1) Material misstatement in furnishing information
to the Department.
(2) Failure to comply with any provisions of this
Act or any of its rules.
(3) Conviction of any crime under the laws of the
United States, or any state or territory thereof, which
is a felony, whether related to practice or not, or
conviction of any crime, whether a felony, misdemeanor,
or otherwise, an essential element of which is dishonesty
or which is directly related to the practice of
engineering.
(4) Making any misrepresentation for the purpose of
obtaining licensure, or in applying for restoration or
renewal; or practice of any fraud or deceit in taking any
examination to qualify for licensure under this Act.
(5) Purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment.
(6) Negligence, incompetence or misconduct in the
practice of professional engineering as a licensed
professional engineer or in working as an engineer
intern.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing to provide information in response to a
written request made by the Department within 30 days
after receipt of such written request.
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(10) Habitual intoxication or addiction to the use
of drugs.
(11) Discipline by the United States Government,
another state, District of Columbia, territory, foreign
nation or government agency, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate or other form of
compensation for any professional services not actually
or personally rendered.
(13) A finding by the Board that an applicant or
registrant has failed to pay a fine imposed by the
Department, a registrant whose license has been placed on
probationary status has violated the terms of probation,
or a registrant has practiced on an expired, inactive,
suspended, or revoked license.
(14) Signing, affixing the professional engineer's
seal or permitting the professional engineer's seal to be
affixed to any technical submissions not prepared as
required by Section 14 or completely reviewed by the
professional engineer or under the professional
engineer's direct supervision.
(15) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, which results in the inability to practice the
profession with reasonable judgment, skill or safety.
(16) The making of a statement pursuant to the
Environmental Barriers Act that a plan for construction
or alteration of a public facility or for construction of
a multi-story housing unit is in compliance with the
Environmental Barriers Act when such plan is not in
compliance.
(17) Failing to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest as
required by a tax Act administered by the Illinois
Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(a-5) In enforcing this Section, the Board upon a
showing of a possible violation may compel a person licensed
to practice under this Act, or who has applied for licensure
or certification pursuant to this Act, to submit to a mental
or physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. The person to be examined may have, at
his or her own expense, another physician of his or her
choice present during all aspects of the examination.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of a license until the person submits to the examination if
the Board finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,
counseling, or treatment, the Board may recommend to the
Department to file a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person.
Any person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
(b) The determination by a circuit court that a
registrant is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as
an automatic suspension. Such suspension will end only upon
a finding by a court that the patient is no longer subject to
involuntary admission or judicial admission, the issuance of
an order so finding and discharging the patient, and the
recommendation of the Board to the Director that the
registrant be allowed to resume practice.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/39) (from Ch. 111, par. 5239)
Sec. 39. Violations.
(a) Using or attempting to use an expired license or
registration is a Class A misdemeanor.
(b) Each of the following acts is a Class A misdemeanor
for the first offense and a Class 4 Felony for a second or
subsequent offense:
(1) A violation of any provision of this Act or its
rules, except as noted in subsection (a) or (c) of this
Section;
(2) The making of any wilfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act;
(3) Using or attempting to use an inactive,
suspended, or revoked license or the license or seal of
another, or impersonating another licensee, or practicing
professional engineering while one's license is inactive,
suspended, or revoked;
(4) The practice, attempt to practice, or offer to
practice professional engineering without a license as a
licensed professional engineer, with each day of
practicing professional engineering, or attempting to
practice professional engineering, and each instance of
offering to practice professional engineering without a
license as a licensed professional engineer constituting
a separate offense;
(5) Advertising or displaying any sign or card or
other device which might indicate to the public that the
person or entity is entitled to practice as a
professional engineer, or using the initials "P.E.", or
using the title "engineer" or any of its derivations,
unless such person holds an active license as a
professional engineer in the State of Illinois, or such
professional service corporation, corporation,
partnership, sole proprietorship, professional design
firm, limited liability company, or other entity is in
compliance with Section 23 of this Act; or
(6) Obtaining or attempting to obtain a license by
fraud.
(c) A violation of paragraphs (3), (6), (10), (11),
(15), or (17) of subsection (a-1) (a) of Section 24 is not
subject to the penalty provisions of this Section.
(Source: P.A. 88-428; 88-595, eff. 8-26-94; 89-61, eff.
6-30-95)
Passed in the General Assembly May 08, 2001.
Approved July 24, 2001.
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