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92_SB0289enr SB289 Enrolled LRB9205706LBmg 1 AN ACT concerning the regulation of professions. 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 Sections 4, 5, 8, 9, 12, 14, 15, 6 24, and 39 as follows: 7 (225 ILCS 325/4) (from Ch. 111, par. 5204) 8 Sec. 4. Definitions. As used in this Act: 9 (a) "Approved engineering curriculum" means an 10 engineering curriculum or program of 4 academic years or more 11 which meets the standards established by the rules of the 12 Department. 13 (b) "Board" means the State Board of Professional 14 Engineers of the Department of Professional Regulation, 15 previously known as the Examining Committee. 16 (c) "Department" means the Department of Professional 17 Regulation. 18 (d) "Design professional" means an architect, structural 19 engineer or professional engineer practicing in conformance 20 with the Illinois Architecture Practice Act of 1989, the 21 Structural Engineering Practice Act of 1989 or the 22 Professional Engineering Practice Act of 1989. 23 (e) "Director" means the Director of Professional 24 Regulation. 25 (f) "Direct supervision/responsible charge" means work 26 prepared under the control of a licensed professional 27 engineer or that work as to which that professional engineer 28 has detailed professional knowledge. 29 (g) "Engineering college" means a school, college, 30 university, department of a university or other educational 31 institution, reputable and in good standing in accordance SB289 Enrolled -2- LRB9205706LBmg 1 with rules prescribed by the Department, and which grants 2 baccalaureate degrees in engineering. 3 (h) "Engineering system or facility" means a system or 4 facility whose design is based upon the application of the 5 principles of science for the purpose of modification of 6 natural states of being. 7 (i) "Engineer intern" means a person who is a candidate 8 for licensure as a professional engineer and who has been 9 enrolled as an engineer intern. 10 (j) "Enrollment" means an action by the Department to 11 record those individuals who have met the Board's 12 requirements for an engineer intern. 13 (k) "License" means an official document issued by the 14 Department to an individual, a corporation, a partnership, a 15 professional service corporation, a limited liability 16 company, or a sole proprietorship, signifying authority to 17 practice. 18 (l) "Negligence in the practice of professional 19 engineering" means the failure to exercise that degree of 20 reasonable professional skill, judgment and diligence 21 normally rendered by professional engineers in the practice 22 of professional engineering. 23 (m) "Professional engineer" means a person licensed 24 under the laws of the State of Illinois to practice 25 professional engineering. 26 (n) "Professional engineering" means the application of 27 science to the design of engineering systems and facilities 28 using the knowledge, skills, ability and professional 29 judgment developed through professional engineering 30 education, training and experience. 31 (o) "Professional engineering practice" means the 32 consultation on, conception, investigation, evaluation, 33 planning, and design of, and selection of materialsand34methodsto be used in, administration of construction SB289 Enrolled -3- LRB9205706LBmg 1 contracts for, or site observation of, an engineering system 2 or facility, where such consultation, conception, 3 investigation, evaluation, planning, design, selection, 4 administration, or observation requires extensive knowledge 5 of engineering laws, formulae, materials, practice, and 6 construction methods. A person shall be construed to 7 practice or offer to practice professional engineering, 8 within the meaning and intent of this Act, who practices, or 9 who, by verbal claim, sign, advertisement, letterhead, card, 10 or any other way, is represented to be a professional 11 engineer, or through the use of the initials "P.E." or the 12 title "engineer" or any of its derivations or some other 13 title implies licensure as a professional engineer, or holds 14 himself out as able to perform any service which is 15 recognized as professional engineering practice. 16 Examples of the practice of professional engineering 17 include, but need not be limited to, transportation 18 facilities and publicly owned utilities for a region or 19 community, railroads, railways, highways, subways, canals, 20 harbors, river improvements; irrigation works; aircraft, 21 airports and landing fields; waterworks, piping systems and 22 appurtenances, sewers, sewage disposal works; plants for the 23 generation of power; devices for the utilization of power; 24 boilers; refrigeration plants, air conditioning systems and 25 plants; heating systems and plants; plants for the 26 transmission or distribution of power; electrical plants 27 which produce, transmit, distribute, or utilize electrical 28 energy; works for the extraction of minerals from the earth; 29 plants for the refining, alloying or treating of metals; 30 chemical works and industrial plants involving the use of 31 chemicals and chemical processes; plants for the production, 32 conversion, or utilization of nuclear, chemical, or radiant 33 energy; forensic engineering, geotechnical engineering 34 including, subsurface investigations; soil classification, SB289 Enrolled -4- LRB9205706LBmg 1 geology and geohydrology, incidental to the practice of 2 professional engineering; energy analysis, environmental 3 design, hazardous waste mitigation and control; recognition, 4 measurement, evaluation and control of environmental systems 5 and emissions; automated building management systems; or the 6 provision of professional engineering site observation of the 7 construction of works and engineering systems. Nothing 8 contained in this Section imposes upon a person licensed 9 under this Act the responsibility for the performance of any 10 of the foregoing functions unless such person specifically 11 contracts to provide it. 12 (p) "Project representative" means the professional 13 engineer's representative at the project site who assists in 14 the administration of the construction contract. 15 (q) "Registered" means the same as "licensed" for 16 purposes of this Act. 17 (r) "Related science curriculum" means a 4 year program 18 of study, the satisfactory completion of which results in a 19 Bachelor of Science degree, and which contains courses from 20 such areas as life, earth, engineering and computer sciences, 21 including but not limited to, physics and chemistry. In the 22 study of these sciences, the objective is to acquire 23 fundamental knowledge about the nature of its phenomena, 24 including quantitative expression, appropriate to particular 25 fields of engineering. 26 (s) "Rules" means those rules promulgated pursuant to 27 this Act. 28 (t) "Seal" means the seal in compliance with Section 14 29 of this Act. 30 (u) "Site observation" is visitation of the construction 31 site for the purpose of reviewing, as available, the quality 32 and conformance of the work to the technical submissions as 33 they relate to design. 34 (v) "Support design professional" means a professional SB289 Enrolled -5- LRB9205706LBmg 1 engineer practicing in conformance with the Professional 2 Engineering Practice Act of 1989, who provides services to 3 the design professional who has contract responsibility. 4 (w) "Technical submissions" means designs, drawings, and 5 specifications which establish the standard of quality for 6 materials, workmanship, equipment, and the construction 7 systems, studies, and other technical reports prepared in the 8 course of a design professional's practice. 9 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised 10 10-7-99.) 11 (225 ILCS 325/5) (from Ch. 111, par. 5205) 12 Sec. 5. Powers and duties of the Department. Subject to 13 the provisions of this Act, the Department shall exercise the 14 following functions, powers and duties: 15 (a) To pass upon the qualifications and conduct 16 examinations of applicants for licensure as professional 17 engineers or enrollment as engineer interns and pass upon 18 the qualifications of applicants by endorsement and issue 19 a license or enrollment to those who are found to be fit 20 and qualified.;21 (b) To prescribe rules for the method, conduct and 22 grading of the examination of applicants.;23 (c) To license corporations, partnerships, 24 professional service corporations, limited liability 25 companies, and sole proprietorships for the practice of 26 professional engineering and issue a license to those who 27 qualify.;28 (d) To conduct investigations and hearings 29 regarding violations of this Act and take disciplinary or 30 other actions as provided in this Act as a result of the 31 proceedings.;32 (e) To prescribe rules as to what shall constitute 33 an engineering or related science curriculum and to SB289 Enrolled -6- LRB9205706LBmg 1 determine if a specific engineering curriculum is in 2 compliance with the rules, and to terminate the approval 3 of a specific engineering curriculum for non-compliance 4 with such rules.;5 (f) To promulgate rules required for the 6 administration of this Act, including rules of 7 professional conduct.;8 (g) To maintain membership in the National Council 9 of Examiners for Engineering and Surveying and 10 participate in activities of the Council by designation 11 of individuals for the various classifications of 12 membership, the appointment of delegates for attendance 13 at zone and national meetings of the Council, and the 14 funding of the delegates for attendance at the meetings 15 of the Council.; and16 (h) To obtain written recommendations from the 17 Board regarding qualifications of individuals for 18 licensure and enrollment, definitions of curriculum 19 content and approval of engineering curricula, standards 20 of professional conduct and formal disciplinary actions, 21 and the promulgation of the rules affecting these 22 matters. 23 Prior to issuance of any final decision or order 24 that deviates from any report or recommendations of the 25 Board relating to the qualification of applicants, 26 discipline of licensees or registrants, or promulgation 27 of rules, the Director shall notify the Board in writing 28 with an explanation of any such deviation and provide a 29 reasonable time for the Board to submit written comments 30 to the Director regarding the proposed action. In the 31 event that the Board fails or declines to submit such 32 written comments within 30 days of said notification, the 33 Director may issue a final decision or orders consistent 34 with the Director's original decision. The Department SB289 Enrolled -7- LRB9205706LBmg 1 may at any time seek the expert advice and knowledge of 2 the Board on any matter relating to the enforcement of 3 this Act. 4 (i) To publish and distribute or to post on the 5 Department's website, at least semi-annually, a 6 newsletter to all persons licensed and registered under 7 this Act. The newsletter shall describe the most recent 8 changes in this Act and the rules adopted under this Act 9 and shall contain information of any final disciplinary 10 action that has been ordered under this Act since the 11 date of the last newsletter. 12 None of the functions, powers or duties enumerated in 13 this Section shall be exercised by the Department except upon 14 the action and report in writing of the Board. 15 (Source: P.A. 91-92, eff. 1-1-00.) 16 (225 ILCS 325/8) (from Ch. 111, par. 5208) 17 Sec. 8. Applications for licensure. 18 (a) Applications for licensure shall (1) be on forms 19 prescribed and furnished by the Department, (2) contain 20 statements made under oath showing the applicant's education 21 and a detailed summary of the applicant's technical work, and 22 (3) contain references as required by the Department. 23 (b) Applicants shall have obtained the education and 24 experience as required in Section 10 or Section 11 prior to 25 submittal of application for examination, except as provided 26 in subsection (b) of Section 11. Allowable experience shall 27 commence at the date of the baccalaureate degree, except: 28 (1) Credit for one year of experience shall be 29 given for a graduate of a baccalaureate curriculum 30 providing a cooperative program, which is supervised 31 industrial or field experience of at least one academic 32 year which alternates with periods of full-time academic 33 training, when such program is certified by the SB289 Enrolled -8- LRB9205706LBmg 1 university, or 2 (2) Partial credit mayshallbe given for 3 professional engineering experience as defined by rule 4 for employment prior to receipt of a baccalaureate degree 5 if the employment is full-time while the applicant is 6takes 8 or more years (16 semesters or 24 quarters7minimum) asa part-time student taking fewer than 12 8 hours per semester or 8 hours per quarter to earn the 9 degree concurrent with the full-time engineering 10 experienceemployment. 11 (3) If an applicant files an application and 12 supporting documents containing a material misstatement 13 of information or a misrepresentation for the purpose of 14 obtaining licensure or enrollment or if an applicant 15 performs any fraud or deceit in taking any examination to 16 qualify for licensure or enrollment under this Act, the 17 Department may issue a rule of intent to deny licensure 18 or enrollment and may conduct a hearing in accordance 19 with Sections 26 through 33 and Sections 37 and 38 of 20 this Act. 21 The Board may conduct oral interviews of any applicant 22 under Sections 10, 11, or 19 to assist in the evaluation of 23 the qualifications of the applicant. 24 It is the responsibility of the applicant to supplement 25 the application, when requested by the Board, by provision of 26 additional documentation of education, including transcripts, 27 course content and credentials of the engineering college or 28 college granting related science degrees, or of work 29 experience to permit the Board to determine the 30 qualifications of the applicant. The Department may require 31 an applicant, at the applicant's expense, to have an 32 evaluation of the applicant's education in a foreign country 33 by a nationally recognized educational body approved by the 34 Board in accordance with rules prescribed by the Department. SB289 Enrolled -9- LRB9205706LBmg 1 An applicant who graduated from an engineering program 2 outside the United States or its territories and whose first 3 language is not English shall submit certification of passage 4 of the Test of English as a Foreign Language (TOEFL) and the 5 Test of Spoken English (TSE) as defined by rule. 6 (Source: P.A. 91-92, eff. 1-1-00.) 7 (225 ILCS 325/9) (from Ch. 111, par. 5209) 8 Sec. 9. Licensure qualifications; Examinations; Failure 9 or refusal to take examinations. Examinations provided for 10 by this Act shall be conducted under rules prescribed by the 11 Department. Examinations shall be held not less frequently 12 than semi-annually, at times and places prescribed by the 13 Department, of which applicants shall be notified by the 14 Department in writing. 15 Beginning on or before January 1, 2005, a principles of 16 practice examination in Software Engineering shall be offered 17 to applicants. 18 Examinations of the applicants who seek to practice 19 professional engineering shall ascertain: (a) if the 20 applicant has an adequate understanding of the basic and 21 engineering sciences, which shall embrace subjects required 22 of candidates for an approved baccalaureate degree in 23 engineering, and (b) if the training and experience of the 24 applicant have provided a background for the application of 25 the basic and engineering sciences to the solution of 26 engineering problems. The Department may by rule prescribe 27 additional subjects for examination. If an applicant 28 neglects, fails without an approved excuse, or refuses to 29 take the next available examination offered for licensure 30 under this Act within 3 years after filing the application, 31 the fee paid by the applicant shall be forfeited and the 32 application denied. If an applicant fails to pass an 33 examination for licensure under this Act within 3 years after SB289 Enrolled -10- LRB9205706LBmg 1 filing the application, the application shall be denied. 2 However, such applicant may thereafter make a new application 3 for examination, accompanied by the required fee. 4 (Source: P.A. 88-595, eff. 8-26-94.) 5 (225 ILCS 325/12) (from Ch. 111, par. 5212) 6 Sec. 12. Educational credits or teaching as equivalent 7 of experience. 8 (a) After earning an acceptable baccalaureate degree as 9 required by subsection (a) or (b) of Section 10 in 10 engineering or related science and upon completion of a 11 Master's degree in engineering, the applicant may receive one 12 year of experience credit. Upon completion of a Ph.D. in 13 engineering, an applicant may receive an additional year 14 experience credit for a maximum of 2 years. 15 (b) Teaching engineering subjects in an engineering 16 college at a rank of instructor or above is considered 17 experience in engineering. 18 (c) (Blank). 19 (Source: P.A. 91-92, eff. 1-1-00.) 20 (225 ILCS 325/14) (from Ch. 111, par. 5214) 21 Sec. 14. Seal. Every professional engineer shall have a 22 seal or stamp, the print of which shall be reproducible and 23 contain the name of the professional engineer, the 24 professional engineer's license number, and the words 25 "Licensed Professional Engineer of Illinois". Any 26 reproducible stamp heretofore authorized under the laws of 27 this state for use by a professional engineer, including 28 those with the words "Registered Professional Engineer of 29 Illinois", shall serve the same purpose as the seal provided 30 for by this Act. When technical submissions are prepared 31 utilizing a computer or other electronic means, the seal may 32 be generated by the computer. Signatures generated by SB289 Enrolled -11- LRB9205706LBmg 1 computer shall not be permitted. 2The professional engineer who has contract responsibility3shall seal a cover sheet of the technical submissions, and4those individual portions of the technical submissions for5which the professional engineer is legally and professionally6responsible. The professional engineer practicing as the7support design professional shall seal those individual8portions of technical submissions for which the professional9engineer is legally and professionally responsible.10 The use of a professional engineer's seal on technical 11 submissions constitutes a representation by the professional 12 engineer that the work has been prepared by or under the 13 personal supervision of the professional engineer or 14 developed in conjunction with the use of accepted engineering 15 standards. The use of the seal further represents that the 16 work has been prepared and administered in accordance with 17 the standards of reasonable professional skill and diligence. 18 It is unlawful to affix one's seal to technical 19 submissions if it masks the true identity of the person who 20 actually exercised direction, control and supervision of the 21 preparation of such work. A professional engineer who seals 22 and signs technical submissions is not responsible for damage 23 caused by subsequent changes to or uses of those technical 24 submissions, where the subsequent changes or uses, including 25 changes or uses made by State or local governmental agencies, 26 are not authorized or approved by the professional engineer 27 who originally sealed and signed the technical submissions. 28 (Source: P.A. 91-92, eff. 1-1-00.) 29 (225 ILCS 325/15) (from Ch. 111, par. 5215) 30 Sec. 15. Technical submissions. All technical 31 submissions prepared by or under the personal supervision of 32 a professional engineer shall bear that professional 33 engineer's seal, signature, and license expiration date. The SB289 Enrolled -12- LRB9205706LBmg 1 licensee's written signature and date of signing, along with 2 the date of license expiration, shall be placed adjacent to 3 the seal. Computer generated signatures are not permitted. 4 The professional engineer who has contract responsibility 5 shall seal a cover sheet of the technical submissions, and 6 those individual portions of the technical submissions for 7 which the professional engineer is legally and professionally 8 responsible. The professional engineer practicing as the 9 support design professional shall seal those individual 10 portions of technical submissions for which the professional 11 engineer is legally and professionally responsible. 12 All technical submissions intended for use in 13 construction in the State of Illinois shall be prepared and 14 administered in accordance with standards of reasonable 15 professional skill and diligence. Care shall be taken to 16 reflect the requirements of State statutes and, where 17 applicable, county and municipal ordinances in such 18 documents. In recognition that professional engineers are 19 licensed for the protection of the public health, safety and 20 welfare, documents shall be of such quality and scope, and be 21 so administered as to conform to professional standards. 22 (Source: P.A. 91-92, eff. 1-1-00.) 23 (225 ILCS 325/24) (from Ch. 111, par. 5224) 24 Sec. 24. Rules of professional conduct; disciplinary or 25 administrative action. 26 (a) The Department shall adopt rules setting standards 27 of professional conduct and establish appropriate penalty for 28 the breach of such rules. 29 (a-1) The Department may, singularly or in combination, 30 refuse to issue, restore, or renew a license or registration, 31 revoke or suspend a license or registration, or place on 32 probation, reprimand, or impose a civil penalty not to exceed 33 $10,000 upon any person, corporation, partnership, or SB289 Enrolled -13- LRB9205706LBmg 1 professional design firm licensed or registered under this 2 Act for any one or combination of the following: 3 (1) Material misstatement in furnishing information 4 to the Department. 5 (2) Failure to comply with any provisions of this 6 Act or any of its rules. 7 (3) Conviction of any crime under the laws of the 8 United States, or any state or territory thereof, which 9 is a felony, whether related to practice or not, or 10 conviction of any crime, whether a felony, misdemeanor, 11 or otherwise, an essential element of which is dishonesty 12 or which is directly related to the practice of 13 engineering. 14 (4) Making any misrepresentation for the purpose of 15 obtaining licensure, or in applying for restoration or 16 renewal; or practice of any fraud or deceit in taking any 17 examination to qualify for licensure under this Act. 18 (5) Purposefully making false statements or signing 19 false statements, certificates, or affidavits to induce 20 payment. 21 (6) Negligence, incompetence or misconduct in the 22 practice of professional engineering as a licensed 23 professional engineer or in working as an engineer 24 intern. 25 (7) Aiding or assisting another person in violating 26 any 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 29 after 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. 33 (10) Habitual intoxication or addiction to the use 34 of drugs. SB289 Enrolled -14- LRB9205706LBmg 1 (11) Discipline by the United States Government, 2 another state, District of Columbia, territory, foreign 3 nation or government agency, if at least one of the 4 grounds for the discipline is the same or substantially 5 equivalent to those set forth in this Act. 6 (12) Directly or indirectly giving to or receiving 7 from any person, firm, corporation, partnership or 8 association any fee, commission, rebate or other form of 9 compensation for any professional services not actually 10 or personally rendered. 11 (13) A finding by the Board that an applicant or 12 registrant has failed to pay a fine imposed by the 13 Department, a registrant whose license has been placed on 14 probationary status has violated the terms of probation, 15 or a registrant has practiced on an expired, inactive, 16 suspended, or revoked license. 17 (14) Signing, affixing the professional engineer's 18 seal or permitting the professional engineer's seal to be 19 affixed to any technical submissions not prepared as 20 required by Section 14 or completely reviewed by the 21 professional engineer or under the professional 22 engineer's direct supervision. 23 (15) Physical illness, including but not limited to 24 deterioration through the aging process or loss of motor 25 skill, which results in the inability to practice the 26 profession with reasonable judgment, skill or safety. 27 (16) The making of a statement pursuant to the 28 Environmental Barriers Act that a plan for construction 29 or alteration of a public facility or for construction of 30 a multi-story housing unit is in compliance with the 31 Environmental Barriers Act when such plan is not in 32 compliance. 33 (17) Failing to file a return, or to pay the tax, 34 penalty or interest shown in a filed return, or to pay SB289 Enrolled -15- LRB9205706LBmg 1 any final assessment of tax, penalty or interest as 2 required by a tax Act administered by the Illinois 3 Department of Revenue, until such time as the 4 requirements of any such tax Act are satisfied. 5 (a-5) In enforcing this Section, the Board upon a 6 showing of a possible violation may compel a person licensed 7 to practice under this Act, or who has applied for licensure 8 or certification pursuant to this Act, to submit to a mental 9 or physical examination, or both, as required by and at the 10 expense of the Department. The examining physicians shall be 11 those specifically designated by the Board. The Board or the 12 Department may order the examining physician to present 13 testimony concerning this mental or physical examination of 14 the licensee or applicant. No information shall be excluded 15 by reason of any common law or statutory privilege relating 16 to communications between the licensee or applicant and the 17 examining physician. The person to be examined may have, at 18 his or her own expense, another physician of his or her 19 choice present during all aspects of the examination. 20 Failure of any person to submit to a mental or physical 21 examination, when directed, shall be grounds for suspension 22 of a license until the person submits to the examination if 23 the Board finds, after notice and hearing, that the refusal 24 to submit to the examination was without reasonable cause. 25 If the Board finds a person unable to practice because of 26 the reasons set forth in this Section, the Board may require 27 that person to submit to care, counseling, or treatment by 28 physicians approved or designated by the Board as a 29 condition, term, or restriction for continued, reinstated, or 30 renewed licensure to practice; or, in lieu of care, 31 counseling, or treatment, the Board may recommend to the 32 Department to file a complaint to immediately suspend, 33 revoke, or otherwise discipline the license of the person. 34 Any person whose license was granted, continued, reinstated, SB289 Enrolled -16- LRB9205706LBmg 1 renewed, disciplined, or supervised subject to such terms, 2 conditions, or restrictions and who fails to comply with such 3 terms, conditions, or restrictions shall be referred to the 4 Director for a determination as to whether the person shall 5 have his or her license suspended immediately, pending a 6 hearing by the Board. 7 (b) The determination by a circuit court that a 8 registrant is subject to involuntary admission or judicial 9 admission as provided in the Mental Health and Developmental 10 Disabilities Code, as now or hereafter amended, operates as 11 an automatic suspension. Such suspension will end only upon 12 a finding by a court that the patient is no longer subject to 13 involuntary admission or judicial admission, the issuance of 14 an order so finding and discharging the patient, and the 15 recommendation of the Board to the Director that the 16 registrant be allowed to resume practice. 17 (Source: P.A. 91-92, eff. 1-1-00.) 18 (225 ILCS 325/39) (from Ch. 111, par. 5239) 19 Sec. 39. Violations. 20 (a) Using or attempting to use an expired license or 21 registration is a Class A misdemeanor. 22 (b) Each of the following acts is a Class A misdemeanor 23 for the first offense and a Class 4 Felony for a second or 24 subsequent offense: 25 (1) A violation of any provision of this Act or its 26 rules, except as noted in subsection (a) or (c) of this 27 Section; 28 (2) The making of any wilfully false oath or 29 affirmation in any matter or proceeding where an oath or 30 affirmation is required by this Act; 31 (3) Using or attempting to use an inactive, 32 suspended, or revoked license or the license or seal of 33 another, or impersonating another licensee, or practicing SB289 Enrolled -17- LRB9205706LBmg 1 professional engineering while one's license is inactive, 2 suspended, or revoked; 3 (4) The practice, attempt to practice, or offer to 4 practice professional engineering without a license as a 5 licensed professional engineer, with each day of 6 practicing professional engineering, or attempting to 7 practice professional engineering, and each instance of 8 offering to practice professional engineering without a 9 license as a licensed professional engineer constituting 10 a separate offense; 11 (5) Advertising or displaying any sign or card or 12 other device which might indicate to the public that the 13 person or entity is entitled to practice as a 14 professional engineer, or using the initials "P.E.", or 15 using the title "engineer" or any of its derivations, 16 unless such person holds an active license as a 17 professional engineer in the State of Illinois, or such 18 professional service corporation, corporation, 19 partnership, sole proprietorship, professional design 20 firm, limited liability company, or other entity is in 21 compliance with Section 23 of this Act; or 22 (6) Obtaining or attempting to obtain a license by 23 fraud. 24 (c) A violation of paragraphs (3), (6), (10), (11), 25 (15), or (17) of subsection (a-1)(a)of Section 24 is not 26 subject to the penalty provisions of this Section. 27 (Source: P.A. 88-428; 88-595, eff. 8-26-94; 89-61, eff. 28 6-30-95)