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| Public Act 096-0666 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Professional Geologist Licensing Act is | ||||
amended by changing Sections 15, 20, 35, and 50 and by adding | ||||
Section 17 as follows:
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(225 ILCS 745/15)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 15. Definitions. In this Act:
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"Board" means the Board of Licensing for Professional | ||||
Geologists.
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"Department" means the Department of Financial and | ||||
Professional Regulation.
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"Director" means the Director of Professional Regulation.
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"Geologist" means an individual who, by reason of his or | ||||
her knowledge of
geology, mathematics, and the physical and | ||||
life sciences, acquired by education
and practical experience | ||||
as defined by this Act, is capable of practicing the
science of | ||||
geology.
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"Geology" means the science that includes the treatment of | ||||
the earth and its
origin and history including, but not limited | ||||
to, (i) the investigation of the
earth's crust and
interior and | ||||
the solids and fluids, including all surface and
underground | ||||
waters, gases, and other materials that compose the earth as | ||
they
may relate to geologic processes; (ii) the study of the | ||
natural agents, forces,
and
processes that cause changes in the | ||
earth; and (iii) the utilization of this
knowledge of the earth | ||
and its solids, fluids, and gases, and their collective
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properties and processes, for the benefit of humankind.
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"Person" or "individual" means a natural person.
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"Practice of professional geology" means the performance | ||
of,
or the offer to perform, the services of a geologist, | ||
including consultation,
investigation, evaluation, planning, | ||
mapping, inspection of geologic work, and
other services that | ||
require extensive knowledge of geologic laws, formulas,
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principles, practice, and methods of data interpretation.
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A person shall be construed to practice or offer to | ||
practice professional
geology, within the meaning and intent of | ||
this Act, if that person (i) by
verbal claim, sign,
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advertisement, letterhead, card, or any other means, | ||
represents himself or
herself
to be a professional geologist or | ||
through the use of some title implies
that he or she is a | ||
professional geologist or is licensed under this
Act or (ii) | ||
holds himself or herself out as able to perform or does perform
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services or work defined in this Act as the practice of
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professional geology.
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Examples of the practice of professional geology include, | ||
but are not limited
to, the
conduct of, or responsible charge | ||
for, the following types of activities: (i)
mapping,
sampling,
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and analysis of earth materials, interpretation of data, and | ||
the preparation of
oral or written testimony regarding the | ||
probable geological causes of
events;
(ii) planning, review, | ||
and supervision of data gathering activities,
interpretation | ||
of geological data gathered by direct and indirect means,
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preparation of geological maps, cross-sections, interpretive | ||
maps and reports
for the purpose of evaluating regional or site | ||
specific geological conditions;
(iii) the planning, review, | ||
and supervision of data
gathering activities and | ||
interpretation of data on regional or site specific
geological | ||
characteristics affecting groundwater;
(iv) the interpretation | ||
of
geological conditions on the surface and at depth at a | ||
specific site on the
Earth's surface for the purpose of | ||
determining whether those conditions
correspond to a geologic | ||
map of the site; and (v) the conducting of
environmental | ||
property audits.
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"Licensed professional geologist" means an individual who | ||
is licensed under
this Act to engage in the practice of | ||
professional geology in
Illinois.
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"Responsible charge" means the independent control and | ||
direction, by use of
initiative, skill, and independent | ||
judgment, of geological work or the
supervision of that work. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
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(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/17 new)
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(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 17. References to Department or Director of | ||
Professional Regulation. References in this Act (i) to the | ||
Department of Professional Regulation are deemed, in | ||
appropriate contexts, to be references to the Department of | ||
Financial and Professional Regulation and (ii) to the Director | ||
of Professional Regulation are deemed, in appropriate | ||
contexts, to be references to the Secretary of Financial and | ||
Professional Regulation.
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(225 ILCS 745/20)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 20. Exemptions. Nothing in this Act shall be construed | ||
to restrict
the use of the title "geologist" or similar words | ||
by any person engaged in a
practice of geology exempted under | ||
this Act, provided the person does not hold
himself or herself | ||
out as being a licensed professional geologist or does not
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practice
professional geology in a manner requiring licensure | ||
under this Act.
Performance of the following activities does | ||
not require licensure as a
licensed professional geologist | ||
under this Act:
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(a) The practice of professional geology by an employee or | ||
a subordinate of
a licensee under this Act, provided the work | ||
does not include responsible
charge of geological work and is | ||
performed under the direct
supervision of a licensed | ||
professional geologist who is responsible for
the work.
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(b) The practice of professional geology by officers and | ||
employees of the
United States government within the scope of | ||
their employment.
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(c) The practice of professional geology as geologic | ||
research to advance
basic knowledge for the purpose of offering | ||
scientific papers, publications, or
other presentations (i) | ||
before meetings of scientific societies, (ii) internal
to a
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partnership, corporation, proprietorship, or government | ||
agency, or (iii) for
publication
in scientific journals, or in | ||
books.
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(d) The teaching of geology in schools, colleges, or | ||
universities, as
defined by rule.
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(e) The practice of professional geology exclusively in the | ||
exploration for
or development of energy resources or base, | ||
precious and nonprecious minerals,
including sand, gravel, and | ||
aggregate, that does not require, by law, rule,
or ordinance, | ||
the submission of reports, documents, or oral or written
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testimony
to public agencies. Public agencies may, by law or by | ||
rule, allow required
oral
or written testimony, reports, permit | ||
applications, or other documents based on
the science of | ||
geology to be submitted to them by persons not licensed under
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this Act. Unless otherwise required by State or federal law, | ||
public agencies
may not require that the geology-based aspects | ||
of testimony, reports, permits,
or other documents so exempted | ||
be reviewed by,
approved, or otherwise certified by any person | ||
who is not a licensed
professional geologist. Licensure is not | ||
required for the
submission and review of reports or documents | ||
or the provision of oral or
written
testimony made under the | ||
Well Abandonment Act, the Illinois
Oil and Gas Act, the Surface | ||
Coal Mining Land Conservation and Reclamation Act,
or the | ||
Surface-Mined Land Conservation and Reclamation Act.
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(f) The practice of professional engineering as defined in | ||
the Professional
Engineering Practice Act of 1989.
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(g) The practice of structural engineering as defined in | ||
the Structural
Engineering
Practice Act of 1989.
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(h) The practice of architecture as defined in the Illinois | ||
Architecture
Practice Act of 1989.
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(i) The practice of land surveying as defined in the | ||
Illinois Professional
Land Surveyor
Act of 1989.
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(j) The practice of landscape architecture as defined in | ||
the Illinois
Landscape Architecture Act of 1989.
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(k) The practice of professional geology for a period not | ||
to exceed 9 months by any person pursuing a course of study | ||
leading to a degree in geology from an accredited college or | ||
university, as set forth in this Act and as established by | ||
rule, provided that (i) such practice constitutes a part of a | ||
supervised course of study, (ii) the person is under the | ||
supervision of a geologist licensed under this Act, and (iii) | ||
the person is designated by a title that clearly indicates his | ||
or her status as a student or trainee. | ||
(Source: P.A. 91-91, eff. 1-1-00.)
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(225 ILCS 745/35)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 35. Board of Licensing for Professional Geologists; | ||
members;
qualifications; duties.
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(a) The Director shall appoint a Board of Licensing
for
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Professional Geologists which shall serve in an advisory | ||
capacity to the
Director. The Board shall be composed of 8 | ||
persons, 7 of whom shall be voting
members appointed by the | ||
Director, who shall give due consideration to
recommendations | ||
by members of the profession of geology and of geology
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organizations within the State. In addition, the State | ||
Geologist or his
or her
designated representative, shall be an | ||
advisory, non-voting member of the
Board.
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(b) Insofar as possible, the geologists appointed to serve
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on the Board shall be generally representative of the | ||
occupational and
geographical distribution
of geologists | ||
within this State.
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(c) Of the 7 appointed voting members of the Board, 6 shall | ||
be geologists
and one shall be a member of the general public | ||
with no family or business
connection with the practice of | ||
geology.
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(d) Each of the first appointed geologist members of the | ||
Board shall have at
least 10 years of active geological | ||
experience and shall possess the education
and experience | ||
required for licensure. Each subsequently appointed
geologist | ||
member of the Board shall be a professional geologist licensed
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under this Act.
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(e) Of the initial appointments, the Director shall appoint | ||
3 voting members
for a term of
4 years, 2 voting members for a | ||
term of 3 years, and 2 voting members for a
term of 2 years. | ||
Thereafter, voting members shall be appointed for 4-year
terms. | ||
Terms shall commence on the 3rd Monday in January.
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(f) Members shall hold office until the expiration of their | ||
terms or until
their successors have been appointed and have | ||
qualified.
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(g) No voting member of the Board shall serve more than 2 | ||
consecutive full
terms.
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(h) Vacancies in the membership of the Board shall be | ||
filled by appointment
for the unexpired term.
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(i) The Director may remove or suspend any member of the | ||
Board for cause at
any time before the expiration of his or her | ||
term.
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(j) The Board shall annually elect one of its members as | ||
chairperson.
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(k) The members of the Board shall be reimbursed for all | ||
legitimate
and necessary expenses authorized by the Department | ||
incurred in attending the
meetings of the
Board.
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(l) The Board may make recommendations to the Director to | ||
establish the
examinations and their method of grading.
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(m) The Board may submit written recommendations to the | ||
Director
concerning
formulation of rules and a Code of | ||
Professional Conduct and Ethics. The Board
may recommend or | ||
endorse revisions and amendments to the Code and to the
rules | ||
from time to time.
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(n) The Board may make recommendations on matters relating | ||
to continuing
education of licensed professional geologists, | ||
including the number of hours
necessary for license renewal, | ||
waivers for those unable to meet that
requirement, and | ||
acceptable course content. These recommendations shall not
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impose an undue burden on the Department or an unreasonable | ||
restriction on
those seeking a license renewal. | ||
(o) Four voting Board members constitutes a quorum. A | ||
quorum is required for all Board decisions.
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(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/50)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 50. Qualifications for licensure.
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(a) The Department may issue a license to practice as a | ||
licensed
professional geologist to any applicant who meets the | ||
following qualifications:
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(1) The applicant has completed an application form and | ||
paid submitted the
required fees.
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(2) The applicant is of good ethical character, | ||
including compliance with
the Code of Professional Conduct | ||
and Ethics under this Act, and
has not
committed any act or | ||
offense in any jurisdiction that would constitute the
basis | ||
for disciplining a professional geologist licensed under | ||
this Act.
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(3) The applicant has earned a degree in geology from | ||
an accredited
college or university, as established by | ||
rule, with a minimum of 30 semester or
45 quarter hours of
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course credits in geology, of which 24 semester or 36 | ||
quarter hours are in
upper level courses. The Department | ||
may, upon the recommendation of the
Board, allow the | ||
substitution of
appropriate experience as a geologist for | ||
prescribed educational requirements
as established by | ||
rule.
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(4) The applicant has a documented record of a minimum | ||
of 4 years of
professional experience, obtained after | ||
completion of the education
requirements specified in this | ||
Section, in geologic or directly related work,
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demonstrating that the applicant is qualified to assume | ||
responsible charge of
such work upon licensure as a | ||
professional geologist or such specialty of
professional | ||
geology that the
Board may recommend and the Department may | ||
recognize. The Department may
require evidence acceptable | ||
to it that up to 2 years of professional experience
have | ||
been gained under the supervision of a person licensed | ||
under this Act or
similar Acts in any other state, or under | ||
the supervision of others who, in the
opinion of the | ||
Department, are qualified to have responsible charge of
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geological work under this Act.
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(5) The applicant has passed an examination authorized | ||
by the Department
for the practice of
professional geology.
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(6) The applicant has complied with all other | ||
requirements of this Act and
rules established for the | ||
implementation of this Act.
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(b) A license to practice professional geology shall not be | ||
denied any
applicant because of the applicant's race, religion, | ||
creed, national origin,
political beliefs or activities, age, | ||
sex, sexual orientation, or physical
impairment.
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(Source: P.A. 89-366, eff. 7-1-96.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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