Public Act 094-0543
 		





SB1876 Enrolled
LRB094 11426 RAS 42336 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Department of Professional Regulation Law of 
the
Civil Administrative Code of Illinois is amended  by 
changing Section 2105-75 as follows:
 



    (20 ILCS 2105/2105-75)  (was 20 ILCS 2105/61f)



    Sec. 2105-75. Design professionals designated

employees. 
There are
established within the Department certain design 
professionals designated

employees.  These employees shall be 
devoted
primarily to the administration and enforcement of the 
Illinois
Architecture Practice Act, the Illinois Professional 
Land Surveyor Act of
1989, the Professional Engineering 
Practice Act of 1989, and the Structural
Engineering Practice 
Act of 1989.  The design professionals designated

employees that 
the Director shall employ, in conformity with the Personnel

Code, shall include but not be limited to one full-time Design 
Licensing Manager,
one full-time Assistant Licensing Manager, 
3
4 full-time licensing clerks, one
full-time attorney, and 3
2

full-time investigators. These employees shall
work primarily 
in the licensing and enforcement of the design profession
Acts 
set forth in this Section and may be used, when available, for 
other duties in the Department subject to the authorization of 
the Department.

(Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)

 
    Section 10. The Illinois Architecture Practice Act of 1989 
is amended  by changing Sections 13, 20, 22, and 23.5 as 
follows:
 



    (225 ILCS 305/13)  (from Ch. 111, par. 1313)


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 13. Qualifications of applicants. Any person who is of 
good
moral character may take an examination for licensure if 
he
or she
is
a graduate with a first professional degree in 
architecture from a program
accredited by the National 
Architectural Accrediting Board and has
completed such 
diversified professional training, including academic

training, as is required by rules of the Department.  Until 
January 1, 2014
2010, in lieu of the
requirement of graduation 
with a first professional degree in architecture
from a program 
accredited by the National Architectural Accrediting Board,

the Department may admit an applicant who is a graduate with a

pre-professional 4 year baccalaureate degree accepted for 
direct entry into
a first professional master of architecture 
degree program, and who has
completed such additional 
diversified professional training, including
academic 
training, as is required by rules of the Department.  The

Department may adopt, as its own rules relating to diversified 
professional
training, those guidelines published from time to 
time by the National
Council of Architectural Registration 
Boards.

    Good moral character means such character as will enable a 
person to
discharge the fiduciary duties of an architect to 
that person's client and
to the public in a manner which 
protects health, safety and welfare.  Evidence
of inability to 
discharge such duties may include the commission of an
offense 
justifying discipline under Section 19.  In addition, the

Department may take into consideration whether the applicant 
has engaged in
conduct or actions that would constitute grounds 
for discipline under this
Act.

(Source: P.A. 93-1009, eff. 1-1-05.)

 



    (225 ILCS 305/20)  (from Ch. 111, par. 1320)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 20. Roster of licensees and registrants. A roster 
showing the
names and addresses of all architects, 
architectural corporations and
partnerships and professional 
design firms licensed or registered under
this Act shall be 
prepared by the Department each year.  This roster shall be

organized by discipline and available by discipline upon 
written request and payment of the required fee.

(Source: P.A. 88-428.)

 



    (225 ILCS 305/22)  (from Ch. 111, par. 1322)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 22. Refusal, suspension and revocation of licenses; 
Causes. 

    (a) The Department may, singularly or in combination, 
refuse to issue,
renew or restore, or may suspend or
revoke any 
license or registration, or may place on probation, reprimand,

or fine, with a civil penalty not to exceed $10,000 for each 
violation, any
person, corporation, or partnership, or 
professional design firm licensed or
registered under this Act 
for any of the following reasons:


        (1) material misstatement in furnishing information to 
    the Department;


        (2) negligence, incompetence or misconduct in the 
    practice of
architecture;


        (3) failure to comply with any of the provisions of 
    this Act or any of the
rules;


        (4) making any misrepresentation for the purpose of 
    obtaining licensure;


        (5) purposefully making false statements or signing 
    false statements,
certificates or affidavits to induce 
    payment;


        (6) conviction of any crime under the laws of the 
    United States, or any
state or territory thereof, which is 
    a felony, whether related to the
practice of architecture 
    or not; or conviction of any crime, whether a
felony, 
    misdemeanor, or otherwise, an essential element of which is

    dishonesty, wanton disregard for the rights of others, or 
    which is directly
related to the practice of architecture;


        (7) aiding or assisting another person in violating any 
    provision of
this Act or its rules;


        (8) signing, affixing the licensed architect's seal or 
    permitting the
architect's seal to be affixed to any 
    construction documents not prepared
by the architect or 
    under that architect's direct supervision and control;


        (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) making a statement of compliance pursuant to the 
    Environmental
Barriers Act that construction documents 
    prepared by the Licensed Architect or
prepared under the 
    licensed architect's direct supervision and control for

    construction or alteration of an occupancy required to be 
    in compliance with
the Environmental Barriers Act are in 
    compliance with the Environmental
Barriers Act when such 
    construction documents are not in compliance;


        (12) a finding by the Board that an applicant or 
    registrant
has failed to pay a fine imposed by the 
    Department or a
registrant, whose license has been
placed 
    on probationary status, has violated the terms of 
    probation;


        (13) discipline by another state, territory, foreign 
    country, the
District of Columbia, the United States 
    government, or any other
governmental agency, if at least 
    one of the grounds for discipline is the
same or 
    substantially equivalent to those set forth herein;


        (14) failure to provide information in response to a 
    written request
made by the Department within 30 days after 
    the receipt of such written
request;


        (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.

    (a-5) In enforcing this Section, the Board upon a showing 
of a possible
violation may request that the Department 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 
Department
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
Department
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 recommend 
that the Department require that person to submit to care,

counseling, or treatment by physicians approved or designated 
by the Department
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 licensee is 
subject to
involuntary admission or judicial admission, as 
provided in the Mental
Health and Developmental Disabilities 
Code, 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 licensee be
allowed to resume practice.

    The Department may refuse to issue or may suspend the 
license of any
person who fails 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 
any tax Act administered by the Illinois
Department of Revenue, 
until such time as the requirements of any such tax
Act are 
satisfied.

    Persons who assist the Department as consultants or expert 
witnesses in
the investigation or prosecution of alleged 
violations of the Act,
licensure matters, restoration 
proceedings, or criminal prosecutions, shall
not be liable for 
damages in any civil action or proceeding as a result of
such 
assistance, except upon proof of actual malice.  The attorney 
general
shall defend such persons in any such action or 
proceeding.

(Source: P.A. 91-133, eff. 1-1-00.)

 



    (225 ILCS 305/23.5)


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 23.5. Unlicensed practice; violation; civil penalty. 

    (a) Any person who practices, offers to practice, attempts 
to practice, or
holds oneself out to practice as an architect 
without being licensed under this
Act shall, in
addition to any 
other penalty provided by law, pay a civil penalty to the

Department in an amount not to exceed $5,000 for each offense 
as determined by
the Department. The civil penalty shall be 
assessed by the Department after a
hearing is held in 
accordance with the provisions set forth in this Act
regarding 
the provision of a hearing for the discipline of a licensee.

    (a-5) Any entity that advertises architecture services in a 
telecommunications directory must include its architecture 
firm registration number or, in the case of a sole proprietor, 
his or her individual license number. Nothing in this 
subsection (a-5) requires the publisher of a 
telecommunications directory to investigate or verify the 
accuracy of the registration or license number provided by the 
advertiser of architecture services.

    (b) The Department has the authority and power to 
investigate any and all
unlicensed activity.

    (c) The civil penalty shall be paid within 60 days after 
the effective date
of the order imposing the civil penalty. The 
order shall constitute a judgment
and may be filed and 
execution had thereon in the same manner as any judgment
from 
any court of record.

(Source: P.A. 89-474, eff. 6-18-96.)


 

    Section 99. Effective date. This Act takes effect July 1, 
2005.