Illinois General Assembly - Full Text of Public Act 094-0543
Illinois General Assembly

Previous General Assemblies

Public Act 094-0543




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    (Section scheduled to be repealed on January 1, 2010)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

Effective Date: 8/10/2005