Bill Amendment: IL SB0771 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SPEECH PATH PRACTICE-VARIOUS
Status: 2017-09-22 - Public Act . . . . . . . . . 100-0530 [SB0771 Detail]
Download: Illinois-2017-SB0771-Senate_Amendment_001.html
Bill Title: SPEECH PATH PRACTICE-VARIOUS
Status: 2017-09-22 - Public Act . . . . . . . . . 100-0530 [SB0771 Detail]
Download: Illinois-2017-SB0771-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 771
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2 | AMENDMENT NO. ______. Amend Senate Bill 771 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Section 4.28 and by adding Section 4.38 as follows:
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6 | (5 ILCS 80/4.28) | ||||||
7 | Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||||
8 | Acts are
repealed on January 1, 2018: | ||||||
9 | The Illinois Petroleum Education and Marketing Act.
| ||||||
10 | The Podiatric Medical Practice Act of 1987. | ||||||
11 | The Acupuncture Practice Act. | ||||||
12 | The Illinois Speech-Language Pathology and Audiology | ||||||
13 | Practice Act. | ||||||
14 | The Interpreter for the Deaf Licensure Act of 2007. | ||||||
15 | The Nurse Practice Act. | ||||||
16 | The Clinical Social Work and Social Work Practice Act. |
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| |||||||
1 | The Pharmacy Practice Act. | ||||||
2 | The Home Medical Equipment and Services Provider License | ||||||
3 | Act. | ||||||
4 | The Marriage and Family Therapy Licensing Act. | ||||||
5 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
6 | Act. | ||||||
7 | The Physician Assistant Practice Act of 1987. | ||||||
8 | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||||||
9 | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||||||
10 | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||||||
11 | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||||||
12 | 96-328, eff. 8-11-09.)
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13 | (5 ILCS 80/4.38 new) | ||||||
14 | Sec. 4.38. Act repealed on January 1, 2028. The following | ||||||
15 | Act is repealed on January 1, 2028: | ||||||
16 | The Illinois Speech-Language Pathology and Audiology | ||||||
17 | Practice Act.
| ||||||
18 | Section 10. The Illinois Speech-Language Pathology and
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19 | Audiology Practice Act is amended by changing Sections 3, 3.5, | ||||||
20 | 5, 7, 8.5, 8.8, 11, 14, 16, 17, 22, 23, 24.1, 31a, and 34 and by | ||||||
21 | adding Sections 4.5, 8.2, 13.5, and 34.1 as follows:
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22 | (225 ILCS 110/3) (from Ch. 111, par. 7903)
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23 | (Section scheduled to be repealed on January 1, 2018)
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1 | Sec. 3. Definitions. The following words and phrases shall | ||||||
2 | have the
meaning ascribed to them in this Section unless the | ||||||
3 | context clearly indicates
otherwise:
| ||||||
4 | (a) "Department" means the Department of Financial and
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5 | Professional
Regulation.
| ||||||
6 | (b) "Secretary" means the Secretary of Financial and | ||||||
7 | Professional Regulation.
| ||||||
8 | (c) "Board" means the Board of Speech-Language Pathology | ||||||
9 | and Audiology
established under Section 5 of this Act.
| ||||||
10 | (d) "Speech-Language Pathologist" means a person who has | ||||||
11 | received a
license pursuant to this Act and who engages in the | ||||||
12 | practice
of speech-language pathology.
| ||||||
13 | (e) "Audiologist" means a person who has received a license | ||||||
14 | pursuant to this
Act and who engages in the practice of | ||||||
15 | audiology.
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16 | (f) "Public member" means a person who is not a health | ||||||
17 | professional.
For purposes of board membership, any person with | ||||||
18 | a significant financial
interest in a health service or | ||||||
19 | profession is not a public member.
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20 | (g) "The practice of audiology" is the application of | ||||||
21 | nonsurgical nonmedical methods
and procedures for the | ||||||
22 | screening, identification, measurement, monitoring, testing,
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23 | appraisal, prediction, interpretation, habilitation, | ||||||
24 | rehabilitation, or instruction
related to audiologic or | ||||||
25 | vestibular disorders hearing
and disorders of hearing . These | ||||||
26 | procedures are for the
purpose of counseling, consulting and |
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1 | rendering or offering to render
services or for participating | ||||||
2 | in the planning, directing or conducting of
programs that are | ||||||
3 | designed to modify communicative disorders
involving
speech, | ||||||
4 | language , or auditory , or vestibular function related to | ||||||
5 | hearing loss .
The practice of audiology may include, but shall | ||||||
6 | not be limited to, the
following:
| ||||||
7 | (1) any task, procedure, act, or practice that is | ||||||
8 | necessary for the
evaluation and management of audiologic | ||||||
9 | hearing or
vestibular function , including, but not limited | ||||||
10 | to, neurophysiologic intraoperative monitoring of the | ||||||
11 | seventh or eighth cranial nerve function ;
| ||||||
12 | (2) training in the use of amplification devices;
| ||||||
13 | (3) the evaluation, fitting, dispensing, or servicing | ||||||
14 | of hearing instruments and auditory prosthetic devices and | ||||||
15 | cerumen removal ; and
| ||||||
16 | (4) performing basic speech and language screening | ||||||
17 | tests and procedures
consistent with audiology training.
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18 | "The practice of audiology" does not include testing and | ||||||
19 | interpretation of test results using electrodiagnostic | ||||||
20 | modalities to monitor the spinal cord, peripheral nerves (other | ||||||
21 | than the seventh and eighth cranial nerve), cerebral | ||||||
22 | hemispheres, or brainstem. | ||||||
23 | (h) "The practice of speech-language pathology" is the | ||||||
24 | application of
nonmedical methods and procedures for the | ||||||
25 | identification,
measurement, testing, appraisal, prediction, | ||||||
26 | habilitation, rehabilitation,
and modification related to |
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1 | communication development, and disorders or
disabilities of | ||||||
2 | speech, language, voice, swallowing, and other speech,
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3 | language and voice related disorders. These procedures are for | ||||||
4 | the
purpose of counseling, consulting and rendering or offering | ||||||
5 | to render
services, or for participating in the planning, | ||||||
6 | directing or conducting of
programs that are designed to modify | ||||||
7 | communicative disorders and
conditions in individuals or | ||||||
8 | groups of individuals involving speech,
language, voice and | ||||||
9 | swallowing function.
| ||||||
10 | "The practice of speech-language pathology" shall include, | ||||||
11 | but
shall not be
limited to, the following:
| ||||||
12 | (1) hearing screening tests and aural rehabilitation | ||||||
13 | procedures
consistent with speech-language pathology | ||||||
14 | training;
| ||||||
15 | (2) tasks, procedures, acts or practices that are | ||||||
16 | necessary for the
evaluation of, and training in the use | ||||||
17 | of, augmentative communication
systems, communication | ||||||
18 | variation, cognitive rehabilitation, non-spoken
language | ||||||
19 | production and comprehension; and
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20 | (3) the use of rigid or flexible laryngoscopes for the | ||||||
21 | sole purpose of observing and obtaining images of the | ||||||
22 | pharynx and larynx in accordance with Section 9.3 of this | ||||||
23 | Act. | ||||||
24 | (i) "Speech-language pathology assistant" means a person | ||||||
25 | who has received
a license pursuant to this Act to assist a | ||||||
26 | speech-language
pathologist in the manner provided in this Act.
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1 | (j) "Physician" means a physician licensed to practice | ||||||
2 | medicine in all its branches under the Medical Practice Act of | ||||||
3 | 1987. | ||||||
4 | (k) "Email address of record" means the designated email | ||||||
5 | address recorded by the Department in the applicant's | ||||||
6 | application file or the licensee's license file, as maintained | ||||||
7 | by the Department's licensure maintenance unit. | ||||||
8 | (l) "Address of record" means the designated address | ||||||
9 | recorded by the Department in the applicant's or licensee's | ||||||
10 | application file or license file as maintained by the | ||||||
11 | Department's licensure maintenance unit. | ||||||
12 | (m) "Neurophysiologic intraoperative monitoring" means the | ||||||
13 | process of continual testing and interpretation of test results | ||||||
14 | using electrodiagnostic modalities to monitor the seventh and | ||||||
15 | eighth cranial nerve function during a surgical procedure. | ||||||
16 | Neurophysiologic intraoperative monitoring may be performed by | ||||||
17 | an audiologist only if authorized by the physician performing | ||||||
18 | the surgical procedure. | ||||||
19 | (Source: P.A. 95-465, eff. 8-27-07; 96-719, eff. 8-25-09.)
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20 | (225 ILCS 110/3.5)
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21 | (Section scheduled to be repealed on January 1, 2018)
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22 | Sec. 3.5. Exemptions. This Act does not prohibit:
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23 | (a) The practice of speech-language pathology or | ||||||
24 | audiology by students in
their course of study in programs | ||||||
25 | approved by the Department when acting under
the direction |
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| |||||||
1 | and supervision of licensed speech-language pathologists | ||||||
2 | or
audiologists.
| ||||||
3 | (b) The performance of any speech-language pathology
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4 | service
by a speech-language pathology assistant or a | ||||||
5 | speech-language pathology
paraprofessional if such service | ||||||
6 | is performed under the
supervision and full responsibility | ||||||
7 | of a licensed speech-language pathologist.
A speech | ||||||
8 | language pathology assistant may perform only those duties
| ||||||
9 | authorized by Section 8.7 under the supervision of a | ||||||
10 | speech-language
pathologist as
provided in Section 8.8.
| ||||||
11 | (b-5) The performance of an audiology service by an | ||||||
12 | appropriately
trained person if that service is performed | ||||||
13 | under the supervision and full
responsibility of a licensed | ||||||
14 | audiologist.
| ||||||
15 | (c) The performance of audiometric testing for the | ||||||
16 | purpose of industrial
hearing conservation by an | ||||||
17 | audiometric technician certified by the Council of
| ||||||
18 | Accreditation for Occupational Hearing Conservation | ||||||
19 | (CAOHC).
| ||||||
20 | (d) The performance of an audiometric screening by an | ||||||
21 | audiometric
screenings
technician certified by the | ||||||
22 | Department of Public Health.
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23 | (e) The selling or practice of fitting, dispensing, or | ||||||
24 | servicing hearing
instruments by a hearing instrument | ||||||
25 | dispenser licensed under the
Hearing Instrument
Consumer | ||||||
26 | Protection Act.
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1 | (f) A person licensed in this State under any
other Act | ||||||
2 | from engaging in the practice for which he or she is | ||||||
3 | licensed.
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4 | (g) The performance of vestibular function testing by | ||||||
5 | an appropriately
trained person under the supervision of a | ||||||
6 | physician licensed to practice
medicine in all its | ||||||
7 | branches.
| ||||||
8 | (Source: P.A. 92-510, eff. 6-1-02 .)
| ||||||
9 | (225 ILCS 110/4.5 new) | ||||||
10 | Sec. 4.5. Address of record; email address of record. All | ||||||
11 | applicants and licensees shall: | ||||||
12 | (1) provide a valid address and email address to the | ||||||
13 | Department, which shall serve as the address of record and | ||||||
14 | email address of record, respectively, at the time of | ||||||
15 | application for licensure or renewal of a license; and | ||||||
16 | (2) inform the Department of any change of address of | ||||||
17 | record or email address of record within 14 days after such | ||||||
18 | change either through the Department's website or by | ||||||
19 | contacting the Department's licensure maintenance unit.
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20 | (225 ILCS 110/5) (from Ch. 111, par. 7905)
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21 | (Section scheduled to be repealed on January 1, 2018)
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22 | Sec. 5. Board of Speech-Language Pathology and Audiology. | ||||||
23 | There is created a Board of Speech-Language Pathology and | ||||||
24 | Audiology to be
composed of persons designated from time to |
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1 | time by the Secretary, as follows:
| ||||||
2 | (a) Five persons, 2 of whom have been licensed | ||||||
3 | speech-language
pathologists for
a period of 5 years or | ||||||
4 | more, 2 of whom have been licensed audiologists for
a | ||||||
5 | period of
5 years or more, and one public member. The board | ||||||
6 | shall annually elect a
chairperson and a vice-chairperson.
| ||||||
7 | (b) Terms for all members shall be for 3 years. A | ||||||
8 | member shall serve until his or her successor is appointed | ||||||
9 | and qualified. Partial terms over 2
years in length shall | ||||||
10 | be considered as full terms. A member may be
reappointed | ||||||
11 | for a successive term, but no member shall serve more than | ||||||
12 | 2 full
terms.
| ||||||
13 | (c) The membership of the Board should reasonably | ||||||
14 | reflect representation
from the various geographic areas | ||||||
15 | of the State.
| ||||||
16 | (d) In making appointments to the Board, the Secretary | ||||||
17 | shall give due
consideration to recommendations by | ||||||
18 | organizations of the speech-language
pathology and | ||||||
19 | audiology professions in Illinois, including the Illinois
| ||||||
20 | Speech-Language-Hearing Association and the Illinois | ||||||
21 | Academy of Audiology, and shall promptly give due notice to
| ||||||
22 | such organizations of any vacancy in the membership of the | ||||||
23 | Board. The Secretary may terminate the appointment of any | ||||||
24 | member for any cause, which
in the opinion of the | ||||||
25 | Secretary, reasonably justifies such termination.
| ||||||
26 | (e) A majority of the Board members currently appointed |
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1 | shall constitute
a
quorum. A vacancy in the membership of | ||||||
2 | the Board shall not impair the right
of a quorum to | ||||||
3 | exercise all the rights and perform all the duties of the | ||||||
4 | Board.
| ||||||
5 | (f) The members of the Board may each receive as | ||||||
6 | compensation a
reasonable sum as determined by the | ||||||
7 | Secretary for each day actually engaged
in the duties of | ||||||
8 | the office, and all legitimate and necessary expenses
| ||||||
9 | incurred in attending the meetings of the Board.
| ||||||
10 | (g) Members of the Board shall have no liability be | ||||||
11 | immune from suit in any action based
upon any disciplinary | ||||||
12 | proceedings or other activity activities performed in good
| ||||||
13 | faith as members of the Board.
| ||||||
14 | (h) The Secretary may consider the recommendations of | ||||||
15 | the Board in
establishing guidelines for professional | ||||||
16 | conduct, the conduct of formal
disciplinary proceedings | ||||||
17 | brought under this Act, and
qualifications of applicants. | ||||||
18 | Notice of proposed rulemaking
shall be transmitted to the | ||||||
19 | Board and the Department shall review the response
of the | ||||||
20 | Board and any recommendations made in the response. The | ||||||
21 | Department, at
any time, may seek the expert advice and | ||||||
22 | knowledge of the Board on any matter
relating to the | ||||||
23 | administration or enforcement of this Act.
| ||||||
24 | (i) Whenever the Secretary is satisfied that | ||||||
25 | substantial justice has not
been done either in an | ||||||
26 | examination or in the revocation, suspension, or refusal
of |
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1 | a license, or other disciplinary action relating to a | ||||||
2 | license, the Secretary
may order a
reexamination or | ||||||
3 | rehearing.
| ||||||
4 | (Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
| ||||||
5 | (225 ILCS 110/7) (from Ch. 111, par. 7907)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2018)
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7 | Sec. 7. Licensure requirement.
| ||||||
8 | (a) Except as provided in subsection (b), on or after June | ||||||
9 | 1, 1989, no
person shall practice speech-language pathology or | ||||||
10 | audiology without first
applying for and obtaining a license | ||||||
11 | for such purpose from the Department.
Except as provided in | ||||||
12 | this Section, on or after January 1, 2002, no person
shall | ||||||
13 | perform the functions and duties of a speech-language pathology | ||||||
14 | assistant
without first applying for and obtaining a license | ||||||
15 | for that purpose from the
Department.
| ||||||
16 | (b) A person holding a regular license to practice | ||||||
17 | speech-language
pathology or audiology under the laws of | ||||||
18 | another state, a territory of the
United States, or the | ||||||
19 | District of Columbia who has made application to the
Department | ||||||
20 | for a license to practice speech-language pathology or | ||||||
21 | audiology may
practice speech-language pathology or audiology | ||||||
22 | without a license for 90 days
from the date of application or | ||||||
23 | until disposition of the license application by
the Department, | ||||||
24 | whichever is sooner, if the person (i) in the case of a | ||||||
25 | speech-language pathologist, holds a Certificate of
Clinical |
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1 | Competence from the American Speech-Language-Hearing | ||||||
2 | Association in
speech-language pathology or audiology or, in | ||||||
3 | the case of an audiologist, a
certificate from the American | ||||||
4 | Board of Audiology and (ii) has not been
disciplined and has no | ||||||
5 | disciplinary matters pending in a state, a territory, or
the | ||||||
6 | District of Columbia.
| ||||||
7 | A person applying for an initial license to practice | ||||||
8 | audiology who is a recent graduate of a Department-approved | ||||||
9 | audiology program may practice as an audiologist for a period | ||||||
10 | of 60 days after the date of application or until disposition | ||||||
11 | of the license application by the Department, whichever is | ||||||
12 | sooner, provided that he or she meets the applicable | ||||||
13 | requirements of Section 8 of this Act.
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14 | (Source: P.A. 95-465, eff. 8-27-07.)
| ||||||
15 | (225 ILCS 110/8.2 new) | ||||||
16 | Sec. 8.2. Remote practice of audiology and speech-language | ||||||
17 | pathology. | ||||||
18 | (a) An audiologist licensed under this Act may conduct the | ||||||
19 | practice of audiology remotely subject to the following | ||||||
20 | conditions: | ||||||
21 | (1) the practice of audiology may be conducted remotely | ||||||
22 | using video conferencing; | ||||||
23 | (2) the use of telephone, email, instant messaging, | ||||||
24 | store and forward technology, or facsimile must be in | ||||||
25 | conjunction with or supplementary to the use of video |
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1 | conferencing; | ||||||
2 | (3) an audiologist who practices audiology remotely | ||||||
3 | must follow all applicable Health Insurance Portability | ||||||
4 | and Accountability Act privacy and security regulations; | ||||||
5 | (4) an audiologist who practices audiology remotely is | ||||||
6 | subject to the same standard of care required of an | ||||||
7 | audiologist who practices audiology in a clinic or office | ||||||
8 | setting; and | ||||||
9 | (5) services delivered remotely by an audiologist must | ||||||
10 | be equivalent to the quality of services delivered in | ||||||
11 | person in a clinic or office setting. | ||||||
12 | (b) A speech-language pathologist licensed under this Act | ||||||
13 | may conduct the practice of speech-language pathology remotely | ||||||
14 | subject to the following conditions: | ||||||
15 | (1) the practice of speech-language pathology may be | ||||||
16 | conducted remotely using video conferencing; | ||||||
17 | (2) the use of telephone, email, instant messaging, | ||||||
18 | store and forward technology, or facsimile must be in | ||||||
19 | conjunction with or supplementary to the use of video | ||||||
20 | conferencing; | ||||||
21 | (3) a speech-language pathologist who practices | ||||||
22 | speech-language pathology remotely must follow all | ||||||
23 | applicable Health Insurance Portability and Accountability | ||||||
24 | Act privacy and security regulations; | ||||||
25 | (4) a speech-language pathologist who practices | ||||||
26 | speech-language pathology remotely is subject to the same |
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1 | standard of care required of a speech-language pathologist | ||||||
2 | who practices speech-language pathology in a clinic or | ||||||
3 | office setting; and | ||||||
4 | (5) services delivered remotely by a speech-language | ||||||
5 | pathologist must be equivalent to the quality of services | ||||||
6 | delivered in person in a clinic setting. | ||||||
7 | (c) An out-of-state person providing speech-language | ||||||
8 | pathology or audiology services to a person residing in | ||||||
9 | Illinois without a license issued pursuant to this Act submits | ||||||
10 | himself or herself to the jurisdiction of the Department and | ||||||
11 | the courts of this State.
| ||||||
12 | (225 ILCS 110/8.5)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
14 | Sec. 8.5. Qualifications for licenses as a speech-language | ||||||
15 | pathology
assistant. A person is qualified to be licensed as a | ||||||
16 | speech-language
pathology assistant if that person has applied | ||||||
17 | in writing or electronically on forms prescribed
by the | ||||||
18 | Department, has paid the required fees, and meets both of the | ||||||
19 | following
criteria:
| ||||||
20 | (1) Is of good moral character. In determining moral | ||||||
21 | character, the
Department
may take into consideration any | ||||||
22 | felony conviction or plea of guilty or nolo contendere of | ||||||
23 | the
applicant, but such a conviction or plea shall not | ||||||
24 | operate automatically as a complete
bar to licensure.
| ||||||
25 | (2) Has received either (i) an associate degree from a |
| |||||||
| |||||||
1 | speech-language pathology
assistant
program that has been | ||||||
2 | approved by the Department and
that meets the minimum | ||||||
3 | requirements set forth in Section 8.6 or (ii) a bachelor's | ||||||
4 | degree and has completed course work from an accredited | ||||||
5 | college or university that meets the minimum requirements | ||||||
6 | set forth in Section 8.6 .
| ||||||
7 | (Source: P.A. 94-869, eff. 6-16-06; 95-465, eff. 8-27-07.)
| ||||||
8 | (225 ILCS 110/8.8)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 8.8. Supervision of speech-language pathology | ||||||
11 | assistants.
| ||||||
12 | (a) A speech-language pathology assistant shall practice | ||||||
13 | only under the
supervision of a speech-language pathologist who | ||||||
14 | has at least 2 years
experience in addition to the supervised | ||||||
15 | professional experience required under
subsection (f) of | ||||||
16 | Section 8 of this Act. A speech-language pathologist who
| ||||||
17 | supervises a speech-language pathology assistant (i) must have | ||||||
18 | completed at least 6
10 clock hours of training in the | ||||||
19 | supervision related to speech-language pathology, and (ii) | ||||||
20 | must complete at least 2 clock hours of continuing education in | ||||||
21 | supervision related to speech-language pathology in each new | ||||||
22 | licensing cycle after completion of the initial training | ||||||
23 | required under item (i) of speech-language pathology
| ||||||
24 | assistants . The Department shall promulgate rules describing | ||||||
25 | the supervision
training requirements. The rules may allow a |
| |||||||
| |||||||
1 | speech-language pathologist to
apply to the Board for an | ||||||
2 | exemption from this training requirement based upon
prior | ||||||
3 | supervisory experience.
| ||||||
4 | (b) A speech-language pathology assistant must be under the | ||||||
5 | direct
supervision of a speech-language pathologist at least | ||||||
6 | 30% of the
speech-language pathology assistant's actual | ||||||
7 | patient or client contact time per
patient or client during the | ||||||
8 | first 90 days of initial employment as a
speech-language | ||||||
9 | pathology assistant. Thereafter, a speech-language pathology
| ||||||
10 | assistant must be under the direct supervision of a | ||||||
11 | speech-language
pathologist at least 20% of the | ||||||
12 | speech-language pathology assistant's actual
patient or client | ||||||
13 | contact time per patient or client. Supervision of a
| ||||||
14 | speech-language pathology assistant beyond the minimum | ||||||
15 | requirements of this
subsection may be imposed at the | ||||||
16 | discretion of the supervising
speech-language pathologist. A | ||||||
17 | supervising speech-language pathologist must
be available to | ||||||
18 | communicate with a speech-language pathology assistant
| ||||||
19 | whenever the assistant is in contact with a patient or client.
| ||||||
20 | (c) A speech-language pathologist that supervises a | ||||||
21 | speech-language
pathology assistant must document direct | ||||||
22 | supervision activities. At a
minimum, supervision | ||||||
23 | documentation must provide (i) information regarding the
| ||||||
24 | quality of the speech-language pathology assistant's | ||||||
25 | performance of
assigned duties, and (ii) verification that | ||||||
26 | clinical activity is limited to
duties specified in Section |
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| |||||||
1 | 8.7.
| ||||||
2 | (d) A full-time speech-language pathologist may supervise | ||||||
3 | no more than 2
speech-language pathology assistants. A | ||||||
4 | speech-language pathologist
that does not work full-time may | ||||||
5 | supervise no more than one speech-language
pathology | ||||||
6 | assistant.
| ||||||
7 | (e) For purposes of this Section, "direct supervision" | ||||||
8 | means on-site,
in-view
observation and guidance by a | ||||||
9 | speech-language pathologist while an
assigned activity is | ||||||
10 | performed by the speech-language pathology assistant.
| ||||||
11 | (Source: P.A. 92-510, eff. 6-1-02 .)
| ||||||
12 | (225 ILCS 110/11) (from Ch. 111, par. 7911)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
14 | Sec. 11. Expiration, renewal and restoration of licenses.
| ||||||
15 | (a) The
expiration date and renewal period for each license | ||||||
16 | issued under this Act
shall be set by rule. A speech-language | ||||||
17 | pathologist, speech-language
pathology assistant, or
| ||||||
18 | audiologist may renew such license during the month preceding | ||||||
19 | the
expiration date thereof by paying the required fee.
| ||||||
20 | (a-5) An audiologist renewing his or her license All | ||||||
21 | renewal applicants shall provide proof as determined by the | ||||||
22 | Department of having met the
continuing education requirements | ||||||
23 | set forth in the rules of the Department.
At a minimum, the | ||||||
24 | rules shall require a renewal applicant for licensure as an a
| ||||||
25 | speech-language pathologist or audiologist to provide proof of
|
| |||||||
| |||||||
1 | completing at least 20 clock hours of continuing education | ||||||
2 | during the
2-year
licensing cycle for which he or she is | ||||||
3 | currently licensed , no more than 10 hours of which may be | ||||||
4 | obtained through programs sponsored by hearing instrument or | ||||||
5 | auditory prosthetic device manufacturers. An audiologist must | ||||||
6 | provide proof that at least 2 clock hours of training in ethics | ||||||
7 | or legal requirements pertaining to the practice of audiology | ||||||
8 | was completed during the 2-year licensing cycle for which he or | ||||||
9 | she is currently licensed .
An audiologist who has met the | ||||||
10 | continuing education requirements of the Hearing
Instrument | ||||||
11 | Consumer Protection Act during an equivalent licensing cycle | ||||||
12 | under
this Act shall be deemed to have met the continuing | ||||||
13 | education requirements of
this Act.
At a minimum, the rules | ||||||
14 | shall require a renewal applicant for licensure as a
| ||||||
15 | speech-language pathology assistant to provide proof of | ||||||
16 | completing at least 10
clock hours of continuing education | ||||||
17 | during the 2-year period for which he or
she currently holds a | ||||||
18 | license.
| ||||||
19 | (a-10) A speech-language pathologist or a speech-language | ||||||
20 | pathology assistant renewing his or her license shall provide | ||||||
21 | proof as determined by the Department of having met the | ||||||
22 | continuing education requirements set forth in the rules of the | ||||||
23 | Department. At a minimum, the rules shall require a renewal | ||||||
24 | applicant for license as a speech-language pathologist to | ||||||
25 | provide proof of completing at least 20 clock hours of | ||||||
26 | continuing education during the 2-year licensing cycle for |
| |||||||
| |||||||
1 | which he or she is currently licensed. A speech language | ||||||
2 | pathologist must provide proof that at least one clock hour of | ||||||
3 | ethics training was completed during the 2-year licensing cycle | ||||||
4 | for which he or she is currently licensed. At a minimum, the | ||||||
5 | rules shall require a renewal applicant for licensure as a | ||||||
6 | speech-language pathology assistant to provide proof of | ||||||
7 | completing at least 10 clock hours of continuing education | ||||||
8 | during the 2-year period for which he or she currently holds a | ||||||
9 | license. | ||||||
10 | (b) Inactive status.
| ||||||
11 | (1) Any licensee who notifies the Department in
writing | ||||||
12 | on forms prescribed by the Department may elect to place | ||||||
13 | his or
her
license on an inactive status and shall, subject | ||||||
14 | to rules of the
Department, be excused from payment of | ||||||
15 | renewal fees until he or she
notifies the
Department in | ||||||
16 | writing of his or her desire to resume active
status.
| ||||||
17 | (2) Any
licensee requesting restoration from inactive | ||||||
18 | status shall be required
to (i)
pay the current renewal | ||||||
19 | fee; and
(ii) demonstrate that he or she has completed a | ||||||
20 | minimum of 20 hours
of continuing education and met any | ||||||
21 | additional continuing education requirements established | ||||||
22 | by the Department by rule.
| ||||||
23 | (3) Any licensee whose license is in an inactive status | ||||||
24 | shall not practice
in the State of Illinois without first | ||||||
25 | restoring his or her license.
| ||||||
26 | (4) Any licensee who shall engage in the
practice while |
| |||||||
| |||||||
1 | the license is lapsed or inactive shall be considered to
be | ||||||
2 | practicing without a license which shall be grounds for | ||||||
3 | discipline under
Section 16 of this Act.
| ||||||
4 | (c) Any speech-language pathologist, speech-language | ||||||
5 | pathology
assistant, or audiologist whose license has
expired | ||||||
6 | may have his or her license restored at any time within 5 years
| ||||||
7 | after the
expiration thereof, upon payment of the required fee.
| ||||||
8 | (d) Any person whose license has been expired or inactive
| ||||||
9 | for 5 years or
more may
have his or her license restored by | ||||||
10 | making application to the Department
and
filing proof | ||||||
11 | acceptable to the Department of his or her fitness to have his
| ||||||
12 | or her
license restored, including sworn evidence certifying to | ||||||
13 | active lawful
practice in another jurisdiction, and by paying | ||||||
14 | the required restoration
fee. A person practicing on an expired | ||||||
15 | license is deemed to be practicing
without a license.
| ||||||
16 | (e) If a person whose license has expired has not | ||||||
17 | maintained active
practice in another jurisdiction, the | ||||||
18 | Department shall determine, by an
evaluation process | ||||||
19 | established by rule, his or her fitness to resume active
status
| ||||||
20 | and may require the person to complete a period of evaluated | ||||||
21 | clinical
experience, and may require successful completion of | ||||||
22 | an examination.
| ||||||
23 | (f) Any person whose license has expired while he or she | ||||||
24 | has been
engaged (1) in
federal or State service on active | ||||||
25 | duty, or (2) in training or education
under
the supervision of | ||||||
26 | the United States preliminary to induction into the
military |
| |||||||
| |||||||
1 | service, may have his or her license restored without paying | ||||||
2 | any
lapsed
renewal or restoration fee, if within 2 years after | ||||||
3 | termination of such
service, training or education he or she | ||||||
4 | furnishes the Department with
satisfactory proof that he or she | ||||||
5 | has been so engaged and that his or
her service,
training or | ||||||
6 | education has been so terminated.
| ||||||
7 | (Source: P.A. 95-465, eff. 8-27-07.)
| ||||||
8 | (225 ILCS 110/13.5 new) | ||||||
9 | Sec. 13.5. Reciprocity for audiologists. The Department | ||||||
10 | shall issue a license without examination to an audiology | ||||||
11 | applicant who: (1) has a valid license to practice audiology | ||||||
12 | from another state or territory of the United States; (2) has | ||||||
13 | not been disciplined and has no disciplinary matters pending in | ||||||
14 | any other jurisdiction; and (3) has paid the required fee. | ||||||
15 | Applicants have 3 years from the date of application to | ||||||
16 | complete the application process. If the process has not been | ||||||
17 | completed within 3 years, the application shall be denied, the | ||||||
18 | fee shall be forfeited, and the applicant must reapply and meet | ||||||
19 | the requirements in effect at the time of reapplication.
| ||||||
20 | (225 ILCS 110/14) (from Ch. 111, par. 7914)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
22 | Sec. 14. Fees.
| ||||||
23 | (a) The Department shall provide by rule for a schedule of
| ||||||
24 | fees to be paid for licenses by all applicants. The Department |
| |||||||
| |||||||
1 | shall consult
with the Board and consider its recommendations | ||||||
2 | when establishing the schedule
of fees and any increase in fees | ||||||
3 | to be paid by license applicants.
| ||||||
4 | (b) Except as provided in subsection (c) below, the fees | ||||||
5 | for the
administration and enforcement of this Act, including | ||||||
6 | but not limited to
original licensure, renewal, and | ||||||
7 | restoration, shall be set by
rule and shall be nonrefundable.
| ||||||
8 | (b-5) In addition to any fees set by the Department through | ||||||
9 | administrative
rule, the Department shall, at the time of | ||||||
10 | licensure and renewal, collect from
each licensed audiologist a | ||||||
11 | Hearing Instrument Consumer Protection Fee of
$45.
| ||||||
12 | (c) (Blank). Applicants for examination shall be required | ||||||
13 | to pay, either to the
Department or the designated testing | ||||||
14 | service, a fee covering the cost of
initial screening to | ||||||
15 | determine eligibility and to provide the examination.
Failure | ||||||
16 | to appear for the examination on the scheduled date at the time | ||||||
17 | and
place specified, after the application for examination has | ||||||
18 | been received and
acknowledged by the Department or the | ||||||
19 | designated testing service, shall result
in the forfeiture of | ||||||
20 | the examination fee.
| ||||||
21 | (Source: P.A. 90-69, eff. 7-8-97; 91-932, eff. 1-1-01 .)
| ||||||
22 | (225 ILCS 110/16) (from Ch. 111, par. 7916)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 16. Refusal, revocation or suspension of licenses.
| ||||||
25 | (1) The Department may refuse to issue or renew, or may |
| |||||||
| |||||||
1 | revoke, suspend,
place on probation, censure, reprimand or take | ||||||
2 | other disciplinary or non-disciplinary action as
the | ||||||
3 | Department may deem proper, including fines not to exceed | ||||||
4 | $10,000 for
each violation, with regard to any license for any | ||||||
5 | one or
combination of the following causes:
| ||||||
6 | (a) Fraud in procuring the license.
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) Willful or repeated violations of the rules of the | ||||||
9 | Department of
Public Health.
| ||||||
10 | (d) Division of fees or agreeing to split or divide the | ||||||
11 | fees received
for speech-language pathology or audiology | ||||||
12 | services with any person for
referring an individual, or | ||||||
13 | assisting in the care or treatment of an
individual, | ||||||
14 | without the knowledge of the individual or his or her legal
| ||||||
15 | representative. Nothing in this paragraph (d) affects any | ||||||
16 | bona fide independent contractor or employment | ||||||
17 | arrangements among health care professionals, health | ||||||
18 | facilities, health care providers, or other entities, | ||||||
19 | except as otherwise prohibited by law. Any employment | ||||||
20 | arrangements may include provisions for compensation, | ||||||
21 | health insurance, pension, or other employment benefits | ||||||
22 | for the provision of services within the scope of the | ||||||
23 | licensee's practice under this Act. Nothing in this | ||||||
24 | paragraph (d) shall be construed to require an employment | ||||||
25 | arrangement to receive professional fees for services | ||||||
26 | rendered.
|
| |||||||
| |||||||
1 | (e) Employing, procuring, inducing, aiding or abetting | ||||||
2 | a person not
licensed as a speech-language pathologist or | ||||||
3 | audiologist to engage in the
unauthorized practice of | ||||||
4 | speech-language pathology or audiology.
| ||||||
5 | (e-5) Employing, procuring, inducing, aiding, or | ||||||
6 | abetting a person not
licensed as a speech-language | ||||||
7 | pathology assistant to perform the
functions and duties of | ||||||
8 | a speech-language pathology assistant.
| ||||||
9 | (f) Making any misrepresentations or false promises, | ||||||
10 | directly or
indirectly, to influence, persuade or induce | ||||||
11 | patronage.
| ||||||
12 | (g) Professional connection or association with, or | ||||||
13 | lending his or her
name to
another for the illegal practice | ||||||
14 | of speech-language pathology or audiology
by another, or | ||||||
15 | professional connection or association with any person, | ||||||
16 | firm
or corporation holding itself out in any manner | ||||||
17 | contrary to this Act.
| ||||||
18 | (h) Obtaining or seeking to obtain checks, money, or | ||||||
19 | any other things
of value by false or fraudulent | ||||||
20 | representations, including but not limited
to, engaging in | ||||||
21 | such fraudulent practice to defraud the medical assistance
| ||||||
22 | program of the Department of Healthcare and Family Services | ||||||
23 | (formerly Department of Public Aid).
| ||||||
24 | (i) Practicing under a name other than his or her own.
| ||||||
25 | (j) Improper, unprofessional or dishonorable conduct | ||||||
26 | of a character likely
to deceive, defraud or harm the |
| |||||||
| |||||||
1 | public.
| ||||||
2 | (k) Conviction by plea of guilty or nolo contendere, | ||||||
3 | finding of guilt, jury verdict, or entry of judgment or | ||||||
4 | sentencing, including, but not limited to, convictions, | ||||||
5 | preceding sentences of supervision, conditional discharge, | ||||||
6 | or first offender probation, under the laws of any | ||||||
7 | jurisdiction of the United States that is (i) a felony or | ||||||
8 | (ii) a misdemeanor, an essential element of which is | ||||||
9 | dishonesty, or that is directly related to the practice of | ||||||
10 | the profession. Conviction of or entry of a plea of guilty | ||||||
11 | or nolo contendere to any crime that is a felony
under the | ||||||
12 | laws of the United States or any state or territory | ||||||
13 | thereof, or that is a misdemeanor of which an essential | ||||||
14 | element is dishonesty, or that is directly related to the | ||||||
15 | practice of the profession.
| ||||||
16 | (1) Permitting a person under his or her supervision to | ||||||
17 | perform any
function
not authorized by this Act.
| ||||||
18 | (m) A violation of any provision of this Act or rules | ||||||
19 | promulgated
thereunder.
| ||||||
20 | (n) Discipline by another state, the District of | ||||||
21 | Columbia, territory, or
foreign nation of a license to | ||||||
22 | practice speech-language pathology or audiology
or a | ||||||
23 | license to practice as a speech-language pathology | ||||||
24 | assistant in its
jurisdiction if at least one of the | ||||||
25 | grounds for that discipline is the
same as or the | ||||||
26 | equivalent of one of the grounds for discipline set forth
|
| |||||||
| |||||||
1 | herein.
| ||||||
2 | (o) Willfully failing to report an instance of | ||||||
3 | suspected child abuse or
neglect as required by the Abused | ||||||
4 | and Neglected Child Reporting Act.
| ||||||
5 | (p) Gross or repeated malpractice.
| ||||||
6 | (q) Willfully making or filing false records or reports | ||||||
7 | in his or her
practice
as a speech-language pathologist, | ||||||
8 | speech-language pathology assistant, or
audiologist, | ||||||
9 | including, but not limited
to, false records to support | ||||||
10 | claims against the public assistance program
of the | ||||||
11 | Department of Healthcare and Family Services (formerly
| ||||||
12 | Illinois Department of Public Aid).
| ||||||
13 | (r) Professional incompetence as manifested by poor | ||||||
14 | standards of care or
mental incompetence as declared by a | ||||||
15 | court of competent jurisdiction.
| ||||||
16 | (s) Repeated irregularities in billing a third party | ||||||
17 | for services
rendered to an individual. For purposes of | ||||||
18 | this Section, "irregularities
in billing" shall include:
| ||||||
19 | (i) reporting excessive charges for the purpose of | ||||||
20 | obtaining a total
payment in excess of that usually | ||||||
21 | received by the speech-language
pathologist, | ||||||
22 | speech-language pathology assistant, or audiologist | ||||||
23 | for the
services rendered;
| ||||||
24 | (ii) reporting charges for services not rendered; | ||||||
25 | or
| ||||||
26 | (iii) incorrectly reporting services rendered for |
| |||||||
| |||||||
1 | the purpose of
obtaining payment not earned.
| ||||||
2 | (t) (Blank).
| ||||||
3 | (u) Violation of the Health Care Worker Self-Referral | ||||||
4 | Act.
| ||||||
5 | (v) Inability to practice with
reasonable judgment, | ||||||
6 | skill, or safety as a result of habitual or excessive use | ||||||
7 | of or addiction to alcohol, narcotics, or stimulants or any | ||||||
8 | other chemical agent or drug or as a result of physical | ||||||
9 | illness, including, but not limited to, deterioration | ||||||
10 | through the aging process or loss of motor skill, mental | ||||||
11 | illness, or disability.
| ||||||
12 | (w) Violation of the Hearing Instrument Consumer | ||||||
13 | Protection Act.
| ||||||
14 | (x) Failure by a speech-language pathology assistant | ||||||
15 | and supervising
speech-language pathologist to comply with | ||||||
16 | the supervision
requirements set forth in Section 8.8.
| ||||||
17 | (y) Willfully Wilfully exceeding the scope of duties | ||||||
18 | customarily undertaken by
speech-language pathology | ||||||
19 | assistants set forth in Section 8.7
that results in, or may | ||||||
20 | result in, harm to the public.
| ||||||
21 | (z) Willfully failing to report an instance of | ||||||
22 | suspected abuse, neglect, financial exploitation, or | ||||||
23 | self-neglect of an eligible adult as defined in and | ||||||
24 | required by the Adult Protective Services Act. | ||||||
25 | (aa) Being named as a perpetrator in an indicated | ||||||
26 | report by the Department on Aging under the Adult |
| |||||||
| |||||||
1 | Protective Services Act, and upon proof by clear and | ||||||
2 | convincing evidence that the licensee has caused an | ||||||
3 | eligible adult to be abused, neglected, or financially | ||||||
4 | exploited as defined in the Adult Protective Services Act. | ||||||
5 | (bb) Willfully violating Section 8.2 of this Act. | ||||||
6 | (2) The Department shall deny a license or renewal | ||||||
7 | authorized by this
Act to any person who has defaulted on an | ||||||
8 | educational loan guaranteed by
the Illinois State Scholarship | ||||||
9 | Commission; however, the Department may
issue a license or | ||||||
10 | renewal if the aforementioned persons have established a
| ||||||
11 | satisfactory repayment record as determined by the Illinois | ||||||
12 | State
Scholarship Commission.
| ||||||
13 | (3) The entry of an order by a circuit court establishing | ||||||
14 | that any
person holding a license under this Act is subject to | ||||||
15 | involuntary admission or
judicial admission as provided for in | ||||||
16 | the Mental Health and Developmental
Disabilities Code, | ||||||
17 | operates as an automatic suspension of that license. That
| ||||||
18 | person may have his or her license restored only upon the | ||||||
19 | determination by a
circuit court that the patient is no longer | ||||||
20 | subject to involuntary admission or
judicial admission and the | ||||||
21 | issuance of an order so finding and discharging the
patient, | ||||||
22 | and upon the Board's recommendation to the Department that the | ||||||
23 | license
be restored. Where the circumstances so indicate, the | ||||||
24 | Board may recommend to
the Department that it require an | ||||||
25 | examination prior to restoring any license
automatically | ||||||
26 | suspended under this subsection.
|
| |||||||
| |||||||
1 | (4) The Department may refuse to issue or may suspend the | ||||||
2 | license of any
person who fails to file a return, or to pay the | ||||||
3 | tax, penalty, or interest
shown
in a filed return, or to pay | ||||||
4 | any final assessment of the tax penalty or
interest, as | ||||||
5 | required by any tax Act administered by the Department of
| ||||||
6 | Revenue, until such time as the requirements of any such tax | ||||||
7 | Act are
satisfied.
| ||||||
8 | (5) In enforcing this Section, the Board upon a showing of | ||||||
9 | a possible
violation may compel an individual licensed to | ||||||
10 | practice under this Act, or
who has applied for licensure | ||||||
11 | pursuant to this Act, to submit
to a mental or physical | ||||||
12 | examination, or both, as required by and at the expense
of the | ||||||
13 | Department. The examining physicians or clinical psychologists
| ||||||
14 | shall be those specifically designated by the Board.
The | ||||||
15 | individual to be examined may have, at his or her own expense, | ||||||
16 | another
physician or clinical psychologist of his or her choice | ||||||
17 | present during all
aspects of this examination. Failure of any | ||||||
18 | individual to submit to a mental
or
physical examination, when | ||||||
19 | directed, shall be grounds for suspension of his or
her
license | ||||||
20 | until the individual submits to the examination if the Board | ||||||
21 | finds,
after notice and hearing, that the refusal to submit to | ||||||
22 | the examination was
without reasonable cause.
| ||||||
23 | If the Board finds an individual unable to practice because | ||||||
24 | of the reasons
set forth in this Section, the Board may require | ||||||
25 | that individual to submit to
care, counseling, or treatment by | ||||||
26 | physicians or clinical psychologists approved
or designated by |
| |||||||
| |||||||
1 | the Board, as a condition, term, or restriction for continued, | ||||||
2 | restored
reinstated , or
renewed licensure to practice; or, in | ||||||
3 | lieu of care, counseling, or treatment,
the
Board may recommend | ||||||
4 | to the Department to file a complaint to immediately
suspend, | ||||||
5 | revoke, or otherwise discipline the license of the individual.
| ||||||
6 | Any individual whose
license was granted, continued, restored | ||||||
7 | reinstated , renewed, disciplined or supervised
subject to such | ||||||
8 | terms, conditions, or restrictions, and who fails to comply
| ||||||
9 | with
such terms, conditions, or restrictions, shall be referred | ||||||
10 | to the Secretary for
a
determination as to whether the | ||||||
11 | individual shall have his or her license
suspended immediately, | ||||||
12 | pending a hearing by the Board.
| ||||||
13 | In instances in which the Secretary immediately suspends a | ||||||
14 | person's license
under this Section, a hearing on that person's | ||||||
15 | license must be convened by
the Board within 15 days after the | ||||||
16 | suspension and completed without appreciable
delay.
The Board | ||||||
17 | shall have the authority to review the subject individual's | ||||||
18 | record of
treatment and counseling regarding the impairment to | ||||||
19 | the extent permitted by
applicable federal statutes and | ||||||
20 | regulations safeguarding the confidentiality of
medical | ||||||
21 | records.
| ||||||
22 | An individual licensed under this Act and affected under | ||||||
23 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
24 | the Board that he or she can resume
practice in compliance with | ||||||
25 | acceptable and prevailing standards under the
provisions of his | ||||||
26 | or her license.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07; | ||||||
2 | 96-1482, eff. 11-29-10.)
| ||||||
3 | (225 ILCS 110/17) (from Ch. 111, par. 7917)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
5 | Sec. 17. Investigations; notice; hearings. Licenses may be | ||||||
6 | refused, revoked, or suspended in the manner provided by this | ||||||
7 | Act and not otherwise. The Department may upon its own motion | ||||||
8 | and shall upon the verified complaint in writing of any person | ||||||
9 | setting forth facts that if proven would constitute grounds for | ||||||
10 | refusal to issue, suspend, or revoke under this Act, | ||||||
11 | investigate the actions of any person applying for, holding, or | ||||||
12 | claiming to hold a license.
| ||||||
13 | The Department shall, before refusing to issue or renew or | ||||||
14 | suspending or revoking any license or taking other disciplinary | ||||||
15 | action pursuant to Section 16 of this Act, and at least 30 days | ||||||
16 | prior to the date set for the hearing, notify, in writing, the | ||||||
17 | applicant for or the holder of such license of any charges | ||||||
18 | made, afford the accused person an opportunity to be heard in | ||||||
19 | person or by counsel in reference thereto, and direct the | ||||||
20 | applicant or licensee to file a written answer to the Board | ||||||
21 | under oath within 20 days after the service of the notice and | ||||||
22 | inform the applicant or licensee that failure to file an answer | ||||||
23 | will result in default being taken against the applicant or | ||||||
24 | licensee and that the license or certificate may be suspended, | ||||||
25 | revoked, placed on probationary status, or other disciplinary |
| |||||||
| |||||||
1 | action may be taken, including limiting the scope, nature, or | ||||||
2 | extent of practice, as the Secretary may deem proper. Written | ||||||
3 | or electronic notice may be served by personal delivery , of the | ||||||
4 | same personally to the accused person or by mailing the same by | ||||||
5 | certified mail , or email to the applicant or licensee at his or | ||||||
6 | her address of record or email address of record his or her | ||||||
7 | last known place of residence or to the place of business last | ||||||
8 | specified by the accused person in his or her last notification | ||||||
9 | to the Department . In case the person fails to file an answer | ||||||
10 | after receiving notice, his or her license or certificate may, | ||||||
11 | in the discretion of the Department, be suspended, revoked, or | ||||||
12 | placed on probationary status or the Department may take | ||||||
13 | whatever disciplinary action deemed proper, including limiting | ||||||
14 | the scope, nature, or extent of the person's practice or the | ||||||
15 | imposition of a fine, without a hearing, if the act or acts | ||||||
16 | charged constitute sufficient grounds for such action under | ||||||
17 | this Act. | ||||||
18 | At the time and place fixed in the notice, the Board shall | ||||||
19 | proceed to hearing of the charges and both the accused person | ||||||
20 | and the Department complainant shall be accorded ample | ||||||
21 | opportunity to present, in person or by counsel, any | ||||||
22 | statements, testimony, evidence, and arguments as may be | ||||||
23 | pertinent to the charges or to their defense. The Board may | ||||||
24 | continue such hearing from time to time. If the Board is not | ||||||
25 | sitting at the time and place fixed in the notice or at the | ||||||
26 | time and place to which the hearing shall have been continued, |
| |||||||
| |||||||
1 | the Department shall continue such hearing for a period not to | ||||||
2 | exceed 30 days.
| ||||||
3 | (Source: P.A. 95-465, eff. 8-27-07.)
| ||||||
4 | (225 ILCS 110/22) (from Ch. 111, par. 7922)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
6 | Sec. 22. Appointment of a hearing officer. The Secretary | ||||||
7 | has shall have
the authority to appoint any attorney duly | ||||||
8 | licensed to practice law in the
State of Illinois to serve as | ||||||
9 | the hearing officer for any action for
refusal to issue, | ||||||
10 | restore, or renew a license or discipline of a license. The | ||||||
11 | hearing officer
shall have full authority to conduct the | ||||||
12 | hearing. Board members may attend hearings. The hearing officer
| ||||||
13 | shall report his or her findings and recommendations to the | ||||||
14 | Board and the Secretary.
The Board shall
review
the
report of | ||||||
15 | the hearing officer and present its findings of fact,
| ||||||
16 | conclusions of law and recommendations to the Secretary and to | ||||||
17 | all parties to the proceedings. If the Secretary
disagrees in | ||||||
18 | any regard with the Board's report, he or she may issue an
| ||||||
19 | order in
contravention of the Board's report.
| ||||||
20 | (Source: P.A. 95-465, eff. 8-27-07.)
| ||||||
21 | (225 ILCS 110/23) (from Ch. 111, par. 7923)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
23 | Sec. 23. Restoration. At any time after suspension, | ||||||
24 | revocation,
placement on probationary status, or the taking of |
| |||||||
| |||||||
1 | any other disciplinary
action with regard to any license, the | ||||||
2 | Department may restore the license,
or take any other action to | ||||||
3 | restore reinstate the license to good standing
upon the written | ||||||
4 | recommendation of the Board, unless after an investigation and | ||||||
5 | a hearing, the Board determines that restoration is not in the | ||||||
6 | public interest. No person whose license has been revoked as | ||||||
7 | authorized in this Act may apply for restoration of that | ||||||
8 | license until such time as provided for in the Civil | ||||||
9 | Administrative Code of Illinois. | ||||||
10 | A license that has been suspended or revoked shall be | ||||||
11 | considered nonrenewed for purposes of restoration and a person | ||||||
12 | restoring his or her license from suspension or revocation must | ||||||
13 | comply with the requirements for restoration of a nonrenewed | ||||||
14 | license as set forth in Section 11 of this Act and any related | ||||||
15 | rules adopted.
| ||||||
16 | (Source: P.A. 95-465, eff. 8-27-07.)
| ||||||
17 | (225 ILCS 110/24.1) | ||||||
18 | (Section scheduled to be repealed on January 1, 2018) | ||||||
19 | Sec. 24.1. Certifications of record; costs. The Department | ||||||
20 | shall not be required to certify any record to the court, to | ||||||
21 | file an answer in court, or to otherwise appear in any court in | ||||||
22 | a judicial review proceeding unless and until the Department | ||||||
23 | has received from the plaintiff there is filed in the court, | ||||||
24 | with the complaint, a receipt from the Department acknowledging | ||||||
25 | payment of the costs of furnishing and certifying the record, |
| |||||||
| |||||||
1 | which costs shall be determined by the Department. Exhibits | ||||||
2 | shall be certified without cost. Failure on the part of the | ||||||
3 | plaintiff to file the receipt in court is grounds for dismissal | ||||||
4 | of the action.
| ||||||
5 | (Source: P.A. 95-465, eff. 8-27-07.)
| ||||||
6 | (225 ILCS 110/31a)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 31a. Advertising services. | ||||||
9 | (a) A speech-language pathologist or audiologist shall | ||||||
10 | include in
every advertisement for services regulated under
| ||||||
11 | this Act his or her title as it
appears on the license or the | ||||||
12 | initials authorized under this Act.
| ||||||
13 | (b) The terms "audiology", "audiologist", "clinical | ||||||
14 | audiologist", "licensed audiologist", "speech-language | ||||||
15 | pathology", "speech-language pathologist", "clinical | ||||||
16 | speech-language pathologist", "licensed speech-language | ||||||
17 | pathologist", or any other similar term, title, abbreviation, | ||||||
18 | or symbol may not be used in any communication by any person | ||||||
19 | unless he or she is licensed under this Act as a | ||||||
20 | speech-language pathologist or an audiologist. An audiologist | ||||||
21 | may use the term "doctor" if it also stated that he or she is a | ||||||
22 | "doctor of audiology." This subsection does not apply to a | ||||||
23 | person who is exempt from licensure under this Act because he | ||||||
24 | or she holds a professional educator license issued pursuant to | ||||||
25 | the School Code with a special education endorsement as a |
| |||||||
| |||||||
1 | teaching speech-language pathologist. | ||||||
2 | (Source: P.A. 91-310, eff. 1-1-00; 92-510, eff. 6-1-02 .)
| ||||||
3 | (225 ILCS 110/34) (from Ch. 111, par. 7934)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
5 | Sec. 34. Illinois Administrative Procedure Act. The | ||||||
6 | Illinois Administrative Procedure
Act is hereby expressly | ||||||
7 | adopted and incorporated herein as if all of the
provisions of | ||||||
8 | that Act were included in this Act, except that the provision | ||||||
9 | of
subsection (d) of Section 10-65 of the Illinois | ||||||
10 | Administrative Procedure Act
that provides that at hearings the | ||||||
11 | speech-language pathologist or audiologist
has the right to | ||||||
12 | show compliance with all lawful requirements for retention,
| ||||||
13 | continuation or renewal of the license is specifically | ||||||
14 | excluded. For the
purposes of this Act, the notice required | ||||||
15 | under Section 10-25 of the Illinois
Administrative Procedure | ||||||
16 | Act is deemed sufficient when mailed or emailed to the | ||||||
17 | applicant or licensee at his or her last known
address of | ||||||
18 | record or email address of record a party .
| ||||||
19 | (Source: P.A. 88-45 .)
| ||||||
20 | (225 ILCS 110/34.1 new) | ||||||
21 | Sec. 34.1. Confidentiality. All information collected by | ||||||
22 | the Department in the course of an examination or investigation | ||||||
23 | of a licensee or applicant, including, but not limited to, any | ||||||
24 | complaint against a licensee filed with the Department and |
| |||||||
| |||||||
1 | information collected to investigate any such complaint, shall | ||||||
2 | be maintained for the confidential use of the Department and | ||||||
3 | shall not be disclosed. The Department may not disclose the | ||||||
4 | information to anyone other than law enforcement officials, | ||||||
5 | other regulatory agencies that have an appropriate regulatory | ||||||
6 | interest as determined by the Secretary, or a party presenting | ||||||
7 | a lawful subpoena to the Department. Information and documents | ||||||
8 | disclosed to a federal, State, county, or local law enforcement | ||||||
9 | agency shall not be disclosed by the agency for any purpose to | ||||||
10 | any other agency or person. A formal complaint filed against a | ||||||
11 | licensee by the Department or any order issued by the | ||||||
12 | Department against a licensee or applicant shall be a public | ||||||
13 | record, except as otherwise prohibited by law.
| ||||||
14 | (225 ILCS 110/10 rep.)
| ||||||
15 | Section 15. The Illinois Speech-Language Pathology and
| ||||||
16 | Audiology Practice Act is amended by repealing Section 10.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law, except that Sections 10 and 15 take effect on | ||||||
19 | January 1, 2018.".
|