Bill Text: IL HB3451 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Speech-Language Pathology and Audiology Practice Act from January 1, 2018 to January 1, 2028. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes changes in provisions concerning definitions, the Board of Speech-Language Pathology and Audiology, grounds for discipline of license, investigations, notices, hearings, appointment of a hearing officer, restoration of a license, certification of records, and the application of the Illinois Administrative Procedure Act. Removes provisions concerning a roster of speech-language pathologists and audiologists. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3451 Detail]

Download: Illinois-2017-HB3451-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3451

Introduced , by Rep. Cynthia Soto

SYNOPSIS AS INTRODUCED:
See Index

Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Speech-Language Pathology and Audiology Practice Act from January 1, 2018 to January 1, 2028. Amends the Illinois Speech-Language Pathology and Audiology Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes changes in provisions concerning definitions, the Board of Speech-Language Pathology and Audiology, grounds for discipline of license, investigations, notices, hearings, appointment of a hearing officer, restoration of a license, certification of records, and the application of the Illinois Administrative Procedure Act. Removes provisions concerning a roster of speech-language pathologists and audiologists. Effective immediately.
LRB100 05732 SMS 15754 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3451LRB100 05732 SMS 15754 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts 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
13Practice 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.
17 The Pharmacy Practice Act.
18 The Home Medical Equipment and Services Provider License
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
23 The Physician Assistant Practice Act of 1987.

HB3451- 2 -LRB100 05732 SMS 15754 b
1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Illinois Speech-Language Pathology and Audiology
10Practice Act.
11 Section 10. The Illinois Speech-Language Pathology and
12Audiology Practice Act is amended by changing Sections 3, 5,
138.5, 16, 17, 22, 23, 24.1, and 34 and by adding Sections 4.5
14and 34.1 as follows:
15 (225 ILCS 110/3) (from Ch. 111, par. 7903)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 3. Definitions. The following words and phrases shall
18have the meaning ascribed to them in this Section unless the
19context clearly indicates otherwise:
20 (a) "Department" means the Department of Financial and
21Professional Regulation.
22 (b) "Secretary" means the Secretary of Financial and
23Professional Regulation.

HB3451- 3 -LRB100 05732 SMS 15754 b
1 (c) "Board" means the Board of Speech-Language Pathology
2and Audiology established under Section 5 of this Act.
3 (d) "Speech-Language Pathologist" means a person who has
4received a license pursuant to this Act and who engages in the
5practice of speech-language pathology.
6 (e) "Audiologist" means a person who has received a license
7pursuant to this Act and who engages in the practice of
8audiology.
9 (f) "Public member" means a person who is not a health
10professional. For purposes of board membership, any person with
11a significant financial interest in a health service or
12profession is not a public member.
13 (g) "The practice of audiology" is the application of
14nonmedical methods and procedures for the identification,
15measurement, testing, appraisal, prediction, habilitation,
16rehabilitation, or instruction related to hearing and
17disorders of hearing. These procedures are for the purpose of
18counseling, consulting and rendering or offering to render
19services or for participating in the planning, directing or
20conducting of programs that are designed to modify
21communicative disorders involving speech, language or auditory
22function related to hearing loss. The practice of audiology may
23include, but shall not be limited to, the following:
24 (1) any task, procedure, act, or practice that is
25 necessary for the evaluation of hearing or vestibular
26 function;

HB3451- 4 -LRB100 05732 SMS 15754 b
1 (2) training in the use of amplification devices;
2 (3) the fitting, dispensing, or servicing of hearing
3 instruments; and
4 (4) performing basic speech and language screening
5 tests and procedures consistent with audiology training.
6 (h) "The practice of speech-language pathology" is the
7application of nonmedical methods and procedures for the
8identification, measurement, testing, appraisal, prediction,
9habilitation, rehabilitation, and modification related to
10communication development, and disorders or disabilities of
11speech, language, voice, swallowing, and other speech,
12language and voice related disorders. These procedures are for
13the purpose of counseling, consulting and rendering or offering
14to render services, or for participating in the planning,
15directing or conducting of programs that are designed to modify
16communicative disorders and conditions in individuals or
17groups of individuals involving speech, language, voice and
18swallowing function.
19 "The practice of speech-language pathology" shall include,
20but shall not be limited to, the following:
21 (1) hearing screening tests and aural rehabilitation
22 procedures consistent with speech-language pathology
23 training;
24 (2) tasks, procedures, acts or practices that are
25 necessary for the evaluation of, and training in the use
26 of, augmentative communication systems, communication

HB3451- 5 -LRB100 05732 SMS 15754 b
1 variation, cognitive rehabilitation, non-spoken language
2 production and comprehension; and
3 (3) the use of rigid or flexible laryngoscopes for the
4 sole purpose of observing and obtaining images of the
5 pharynx and larynx in accordance with Section 9.3 of this
6 Act.
7 (i) "Speech-language pathology assistant" means a person
8who has received a license pursuant to this Act to assist a
9speech-language pathologist in the manner provided in this Act.
10 (j) "Physician" means a physician licensed to practice
11medicine in all its branches under the Medical Practice Act of
121987.
13 (k) "Email address of record" means the designated email
14address recorded by the Department in the applicant's
15application file or the licensee's license file, as maintained
16by the Department's licensure maintenance unit.
17 (l) "Address of record" means the designated address
18recorded by the Department in the applicant's or licensee's
19application file or license file as maintained by the
20Department's licensure maintenance unit.
21(Source: P.A. 95-465, eff. 8-27-07; 96-719, eff. 8-25-09.)
22 (225 ILCS 110/4.5 new)
23 Sec. 4.5. Address of record; email address of record. All
24applicants and licensees shall:
25 (1) provide a valid address and email address to the

HB3451- 6 -LRB100 05732 SMS 15754 b
1 Department, which shall serve as the address of record and
2 email address of record, respectively, at the time of
3 application for licensure or renewal of a license; and
4 (2) inform the Department of any change of address of
5 record or email address of record within 14 days after such
6 change either through the Department's website or by
7 contacting the Department's licensure maintenance unit.
8 (225 ILCS 110/5) (from Ch. 111, par. 7905)
9 (Section scheduled to be repealed on January 1, 2018)
10 Sec. 5. Board of Speech-Language Pathology and Audiology.
11There is created a Board of Speech-Language Pathology and
12Audiology to be composed of persons designated from time to
13time by the Secretary, as follows:
14 (a) Five persons, 2 of whom have been licensed
15 speech-language pathologists for a period of 5 years or
16 more, 2 of whom have been licensed audiologists for a
17 period of 5 years or more, and one public member. The board
18 shall annually elect a chairperson and a vice-chairperson.
19 (b) Terms for all members shall be for 3 years. A
20 member shall serve until his or her successor is appointed
21 and qualified. Partial terms over 2 years in length shall
22 be considered as full terms. A member may be reappointed
23 for a successive term, but no member shall serve more than
24 2 full terms.
25 (c) The membership of the Board should reasonably

HB3451- 7 -LRB100 05732 SMS 15754 b
1 reflect representation from the various geographic areas
2 of the State.
3 (d) In making appointments to the Board, the Secretary
4 shall give due consideration to recommendations by
5 organizations of the speech-language pathology and
6 audiology professions in Illinois, including the Illinois
7 Speech-Language-Hearing Association and the Illinois
8 Academy of Audiology, and shall promptly give due notice to
9 such organizations of any vacancy in the membership of the
10 Board. The Secretary may terminate the appointment of any
11 member for any cause, which in the opinion of the
12 Secretary, reasonably justifies such termination.
13 (e) A majority of the Board members currently appointed
14 shall constitute a quorum. A vacancy in the membership of
15 the Board shall not impair the right of a quorum to
16 exercise all the rights and perform all the duties of the
17 Board.
18 (f) The members of the Board may each receive as
19 compensation a reasonable sum as determined by the
20 Secretary for each day actually engaged in the duties of
21 the office, and all legitimate and necessary expenses
22 incurred in attending the meetings of the Board.
23 (g) Members of the Board shall have no liability be
24 immune from suit in any action based upon any disciplinary
25 proceedings or other activity activities performed in good
26 faith as members of the Board.

HB3451- 8 -LRB100 05732 SMS 15754 b
1 (h) The Secretary may consider the recommendations of
2 the Board in establishing guidelines for professional
3 conduct, the conduct of formal disciplinary proceedings
4 brought under this Act, and qualifications of applicants.
5 Notice of proposed rulemaking shall be transmitted to the
6 Board and the Department shall review the response of the
7 Board and any recommendations made in the response. The
8 Department, at any time, may seek the expert advice and
9 knowledge of the Board on any matter relating to the
10 administration or enforcement of this Act.
11 (i) Whenever the Secretary is satisfied that
12 substantial justice has not been done either in an
13 examination or in the revocation, suspension, or refusal of
14 a license, or other disciplinary action relating to a
15 license, the Secretary may order a reexamination or
16 rehearing.
17(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
18 (225 ILCS 110/8.5)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 8.5. Qualifications for licenses as a speech-language
21pathology assistant. A person is qualified to be licensed as a
22speech-language pathology assistant if that person has applied
23in writing or electronically on forms prescribed by the
24Department, has paid the required fees, and meets both of the
25following criteria:

HB3451- 9 -LRB100 05732 SMS 15754 b
1 (1) Is of good moral character. In determining moral
2 character, the Department may take into consideration any
3 felony conviction or plea of guilty or nolo contendere of
4 the applicant, but such a conviction or plea shall not
5 operate automatically as a complete bar to licensure.
6 (2) Has received an associate degree or bachelor's
7 degree from a speech-language pathology assistant program
8 that has been approved by the Department and that meets the
9 minimum requirements set forth in Section 8.6.
10(Source: P.A. 94-869, eff. 6-16-06; 95-465, eff. 8-27-07.)
11 (225 ILCS 110/16) (from Ch. 111, par. 7916)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 16. Refusal, revocation or suspension of licenses.
14 (1) The Department may refuse to issue or renew, or may
15revoke, suspend, place on probation, censure, reprimand or take
16other disciplinary or non-disciplinary action as the
17Department may deem proper, including fines not to exceed
18$10,000 for each violation, with regard to any license for any
19one or combination of the following causes:
20 (a) Fraud in procuring the license.
21 (b) (Blank).
22 (c) Willful or repeated violations of the rules of the
23 Department of Public Health.
24 (d) Division of fees or agreeing to split or divide the
25 fees received for speech-language pathology or audiology

HB3451- 10 -LRB100 05732 SMS 15754 b
1 services with any person for referring an individual, or
2 assisting in the care or treatment of an individual,
3 without the knowledge of the individual or his or her legal
4 representative. Nothing in this paragraph (d) affects any
5 bona fide independent contractor or employment
6 arrangements among health care professionals, health
7 facilities, health care providers, or other entities,
8 except as otherwise prohibited by law. Any employment
9 arrangements may include provisions for compensation,
10 health insurance, pension, or other employment benefits
11 for the provision of services within the scope of the
12 licensee's practice under this Act. Nothing in this
13 paragraph (d) shall be construed to require an employment
14 arrangement to receive professional fees for services
15 rendered.
16 (e) Employing, procuring, inducing, aiding or abetting
17 a person not licensed as a speech-language pathologist or
18 audiologist to engage in the unauthorized practice of
19 speech-language pathology or audiology.
20 (e-5) Employing, procuring, inducing, aiding, or
21 abetting a person not licensed as a speech-language
22 pathology assistant to perform the functions and duties of
23 a speech-language pathology assistant.
24 (f) Making any misrepresentations or false promises,
25 directly or indirectly, to influence, persuade or induce
26 patronage.

HB3451- 11 -LRB100 05732 SMS 15754 b
1 (g) Professional connection or association with, or
2 lending his or her name to another for the illegal practice
3 of speech-language pathology or audiology by another, or
4 professional connection or association with any person,
5 firm or corporation holding itself out in any manner
6 contrary to this Act.
7 (h) Obtaining or seeking to obtain checks, money, or
8 any other things of value by false or fraudulent
9 representations, including but not limited to, engaging in
10 such fraudulent practice to defraud the medical assistance
11 program of the Department of Healthcare and Family Services
12 (formerly Department of Public Aid).
13 (i) Practicing under a name other than his or her own.
14 (j) Improper, unprofessional or dishonorable conduct
15 of a character likely to deceive, defraud or harm the
16 public.
17 (k) Conviction by plea of guilty or nolo contendere,
18 finding of guilt, jury verdict, or entry of judgment or
19 sentencing, including, but not limited to, convictions,
20 preceding sentences of supervision, conditional discharge,
21 or first offender probation, under the laws of any
22 jurisdiction of the United States that is (i) a felony or
23 (ii) a misdemeanor, an essential element of which is
24 dishonesty, or that is directly related to the practice of
25 the profession. Conviction of or entry of a plea of guilty
26 or nolo contendere to any crime that is a felony under the

HB3451- 12 -LRB100 05732 SMS 15754 b
1 laws of the United States or any state or territory
2 thereof, or that is a misdemeanor of which an essential
3 element is dishonesty, or that is directly related to the
4 practice of the profession.
5 (1) Permitting a person under his or her supervision to
6 perform any function not authorized by this Act.
7 (m) A violation of any provision of this Act or rules
8 promulgated thereunder.
9 (n) Discipline by another state, the District of
10 Columbia, territory, or foreign nation of a license to
11 practice speech-language pathology or audiology or a
12 license to practice as a speech-language pathology
13 assistant in its jurisdiction if at least one of the
14 grounds for that discipline is the same as or the
15 equivalent of one of the grounds for discipline set forth
16 herein.
17 (o) Willfully failing to report an instance of
18 suspected child abuse or neglect as required by the Abused
19 and Neglected Child Reporting Act.
20 (p) Gross or repeated malpractice.
21 (q) Willfully making or filing false records or reports
22 in his or her practice as a speech-language pathologist,
23 speech-language pathology assistant, or audiologist,
24 including, but not limited to, false records to support
25 claims against the public assistance program of the
26 Department of Healthcare and Family Services (formerly

HB3451- 13 -LRB100 05732 SMS 15754 b
1 Illinois Department of Public Aid).
2 (r) Professional incompetence as manifested by poor
3 standards of care or mental incompetence as declared by a
4 court of competent jurisdiction.
5 (s) Repeated irregularities in billing a third party
6 for services rendered to an individual. For purposes of
7 this Section, "irregularities in billing" shall include:
8 (i) reporting excessive charges for the purpose of
9 obtaining a total payment in excess of that usually
10 received by the speech-language pathologist,
11 speech-language pathology assistant, or audiologist
12 for the services rendered;
13 (ii) reporting charges for services not rendered;
14 or
15 (iii) incorrectly reporting services rendered for
16 the purpose of obtaining payment not earned.
17 (t) (Blank).
18 (u) Violation of the Health Care Worker Self-Referral
19 Act.
20 (v) Inability to practice with reasonable judgment,
21 skill, or safety as a result of habitual or excessive use
22 of or addiction to alcohol, narcotics, or stimulants or any
23 other chemical agent or drug or as a result of physical
24 illness, including, but not limited to, deterioration
25 through the aging process or loss of motor skill, mental
26 illness, or disability.

HB3451- 14 -LRB100 05732 SMS 15754 b
1 (w) Violation of the Hearing Instrument Consumer
2 Protection Act.
3 (x) Failure by a speech-language pathology assistant
4 and supervising speech-language pathologist to comply with
5 the supervision requirements set forth in Section 8.8.
6 (y) Willfully Wilfully exceeding the scope of duties
7 customarily undertaken by speech-language pathology
8 assistants set forth in Section 8.7 that results in, or may
9 result in, harm to the public.
10 (z) Willfully failing to report an instance of
11 suspected abuse, neglect, financial exploitation, or
12 self-neglect of an eligible adult as defined in and
13 required by the Adult Protective Services Act.
14 (aa) Being named as a perpetrator in an indicated
15 report by the Department on Aging under the Adult
16 Protective Services Act, and upon proof by clear and
17 convincing evidence that the licensee has caused an
18 eligible adult to be abused, neglected, or financially
19 exploited as defined in the Adult Protective Services Act.
20 (2) The Department shall deny a license or renewal
21authorized by this Act to any person who has defaulted on an
22educational loan guaranteed by the Illinois State Scholarship
23Commission; however, the Department may issue a license or
24renewal if the aforementioned persons have established a
25satisfactory repayment record as determined by the Illinois
26State Scholarship Commission.

HB3451- 15 -LRB100 05732 SMS 15754 b
1 (3) The entry of an order by a circuit court establishing
2that any person holding a license under this Act is subject to
3involuntary admission or judicial admission as provided for in
4the Mental Health and Developmental Disabilities Code,
5operates as an automatic suspension of that license. That
6person may have his or her license restored only upon the
7determination by a circuit court that the patient is no longer
8subject to involuntary admission or judicial admission and the
9issuance of an order so finding and discharging the patient,
10and upon the Board's recommendation to the Department that the
11license be restored. Where the circumstances so indicate, the
12Board may recommend to the Department that it require an
13examination prior to restoring any license automatically
14suspended under this subsection.
15 (4) The Department may refuse to issue or may suspend the
16license of any person who fails to file a return, or to pay the
17tax, penalty, or interest shown in a filed return, or to pay
18any final assessment of the tax penalty or interest, as
19required by any tax Act administered by the Department of
20Revenue, until such time as the requirements of any such tax
21Act are satisfied.
22 (5) In enforcing this Section, the Board upon a showing of
23a possible violation may compel an individual licensed to
24practice under this Act, or who has applied for licensure
25pursuant to this Act, to submit to a mental or physical
26examination, or both, as required by and at the expense of the

HB3451- 16 -LRB100 05732 SMS 15754 b
1Department. The examining physicians or clinical psychologists
2shall be those specifically designated by the Board. The
3individual to be examined may have, at his or her own expense,
4another physician or clinical psychologist of his or her choice
5present during all aspects of this examination. Failure of any
6individual to submit to a mental or physical examination, when
7directed, shall be grounds for suspension of his or her license
8until the individual submits to the examination if the Board
9finds, after notice and hearing, that the refusal to submit to
10the examination was without reasonable cause.
11 If the Board finds an individual unable to practice because
12of the reasons set forth in this Section, the Board may require
13that individual to submit to care, counseling, or treatment by
14physicians or clinical psychologists approved or designated by
15the Board, as a condition, term, or restriction for continued,
16restored reinstated, or renewed licensure to practice; or, in
17lieu of care, counseling, or treatment, the Board may recommend
18to the Department to file a complaint to immediately suspend,
19revoke, or otherwise discipline the license of the individual.
20Any individual whose license was granted, continued, restored
21reinstated, renewed, disciplined or supervised subject to such
22terms, conditions, or restrictions, and who fails to comply
23with such terms, conditions, or restrictions, shall be referred
24to the Secretary for a determination as to whether the
25individual shall have his or her license suspended immediately,
26pending a hearing by the Board.

HB3451- 17 -LRB100 05732 SMS 15754 b
1 In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that person's
3license must be convened by the Board within 15 days after the
4suspension and completed without appreciable delay. The Board
5shall have the authority to review the subject individual's
6record of treatment and counseling regarding the impairment to
7the extent permitted by applicable federal statutes and
8regulations safeguarding the confidentiality of medical
9records.
10 An individual licensed under this Act and affected under
11this Section shall be afforded an opportunity to demonstrate to
12the Board that he or she can resume practice in compliance with
13acceptable and prevailing standards under the provisions of his
14or her license.
15(Source: P.A. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07;
1696-1482, eff. 11-29-10.)
17 (225 ILCS 110/17) (from Ch. 111, par. 7917)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 17. Investigations; notice; hearings. Licenses may be
20refused, revoked, or suspended in the manner provided by this
21Act and not otherwise. The Department may upon its own motion
22and shall upon the verified complaint in writing of any person
23setting forth facts that if proven would constitute grounds for
24refusal to issue, suspend, or revoke under this Act,
25investigate the actions of any person applying for, holding, or

HB3451- 18 -LRB100 05732 SMS 15754 b
1claiming to hold a license.
2 The Department shall, before refusing to issue or renew or
3suspending or revoking any license or taking other disciplinary
4action pursuant to Section 16 of this Act, and at least 30 days
5prior to the date set for the hearing, notify, in writing, the
6applicant for or the holder of such license of any charges
7made, afford the accused person an opportunity to be heard in
8person or by counsel in reference thereto, and direct the
9applicant or licensee to file a written answer to the Board
10under oath within 20 days after the service of the notice and
11inform the applicant or licensee that failure to file an answer
12will result in default being taken against the applicant or
13licensee and that the license or certificate may be suspended,
14revoked, placed on probationary status, or other disciplinary
15action may be taken, including limiting the scope, nature, or
16extent of practice, as the Secretary may deem proper. Written
17or electronic notice may be served by personal delivery, of the
18same personally to the accused person or by mailing the same by
19certified mail, or email to the applicant or licensee at his or
20her address of record or email address of record his or her
21last known place of residence or to the place of business last
22specified by the accused person in his or her last notification
23to the Department. In case the person fails to file an answer
24after receiving notice, his or her license or certificate may,
25in the discretion of the Department, be suspended, revoked, or
26placed on probationary status or the Department may take

HB3451- 19 -LRB100 05732 SMS 15754 b
1whatever disciplinary action deemed proper, including limiting
2the scope, nature, or extent of the person's practice or the
3imposition of a fine, without a hearing, if the act or acts
4charged constitute sufficient grounds for such action under
5this Act.
6 At the time and place fixed in the notice, the Board shall
7proceed to hearing of the charges and both the accused person
8and the Department complainant shall be accorded ample
9opportunity to present, in person or by counsel, any
10statements, testimony, evidence, and arguments as may be
11pertinent to the charges or to their defense. The Board may
12continue such hearing from time to time. If the Board is not
13sitting at the time and place fixed in the notice or at the
14time and place to which the hearing shall have been continued,
15the Department shall continue such hearing for a period not to
16exceed 30 days.
17(Source: P.A. 95-465, eff. 8-27-07.)
18 (225 ILCS 110/22) (from Ch. 111, par. 7922)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 22. Appointment of a hearing officer. The Secretary
21has shall have the authority to appoint any attorney duly
22licensed to practice law in the State of Illinois to serve as
23the hearing officer for any action for refusal to issue,
24restore, or renew a license or discipline of a license. The
25hearing officer shall have full authority to conduct the

HB3451- 20 -LRB100 05732 SMS 15754 b
1hearing. Board members may attend hearings. The hearing officer
2shall report his or her findings and recommendations to the
3Board and the Secretary. The Board shall review the report of
4the hearing officer and present its findings of fact,
5conclusions of law and recommendations to the Secretary and to
6all parties to the proceedings. If the Secretary disagrees in
7any regard with the Board's report, he or she may issue an
8order in contravention of the Board's report.
9(Source: P.A. 95-465, eff. 8-27-07.)
10 (225 ILCS 110/23) (from Ch. 111, par. 7923)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 23. Restoration. At any time after suspension,
13revocation, placement on probationary status, or the taking of
14any other disciplinary action with regard to any license, the
15Department may restore the license, or take any other action to
16restore reinstate the license to good standing upon the written
17recommendation of the Board, unless after an investigation and
18a hearing, the Board determines that restoration is not in the
19public interest. No person whose license has been revoked as
20authorized in this Act may apply for restoration of that
21license until such time as provided for in the Civil
22Administrative Code of Illinois.
23 A license that has been suspended or revoked shall be
24considered nonrenewed for purposes of restoration and a person
25restoring his or her license from suspension or revocation must

HB3451- 21 -LRB100 05732 SMS 15754 b
1comply with the requirements for restoration of a nonrenewed
2license as set forth in Section 11 of this Act and any related
3rules adopted.
4(Source: P.A. 95-465, eff. 8-27-07.)
5 (225 ILCS 110/24.1)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 24.1. Certifications of record; costs. The Department
8shall not be required to certify any record to the court, to
9file an answer in court, or to otherwise appear in any court in
10a judicial review proceeding unless and until the Department
11has received from the plaintiff there is filed in the court,
12with the complaint, a receipt from the Department acknowledging
13payment of the costs of furnishing and certifying the record,
14which costs shall be determined by the Department. Exhibits
15shall be certified without cost. Failure on the part of the
16plaintiff to file the receipt in court is grounds for dismissal
17of the action.
18(Source: P.A. 95-465, eff. 8-27-07.)
19 (225 ILCS 110/34) (from Ch. 111, par. 7934)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 34. Illinois Administrative Procedure Act. The
22Illinois Administrative Procedure Act is hereby expressly
23adopted and incorporated herein as if all of the provisions of
24that Act were included in this Act, except that the provision

HB3451- 22 -LRB100 05732 SMS 15754 b
1of subsection (d) of Section 10-65 of the Illinois
2Administrative Procedure Act that provides that at hearings the
3speech-language pathologist or audiologist has the right to
4show compliance with all lawful requirements for retention,
5continuation or renewal of the license is specifically
6excluded. For the purposes of this Act, the notice required
7under Section 10-25 of the Illinois Administrative Procedure
8Act is deemed sufficient when mailed or emailed to the
9applicant or licensee at his or her last known address of
10record or email address of record a party.
11(Source: P.A. 88-45.)
12 (225 ILCS 110/34.1 new)
13 Sec. 34.1. Confidentiality. All information collected by
14the Department in the course of an examination or investigation
15of a licensee or applicant, including, but not limited to, any
16complaint against a licensee filed with the Department and
17information collected to investigate any such complaint, shall
18be maintained for the confidential use of the Department and
19shall not be disclosed. The Department may not disclose the
20information to anyone other than law enforcement officials,
21other regulatory agencies that have an appropriate regulatory
22interest as determined by the Secretary, or a party presenting
23a lawful subpoena to the Department. Information and documents
24disclosed to a federal, State, county, or local law enforcement
25agency shall not be disclosed by the agency for any purpose to

HB3451- 23 -LRB100 05732 SMS 15754 b
1any other agency or person. A formal complaint filed against a
2licensee by the Department or any order issued by the
3Department against a licensee or applicant shall be a public
4record, except as otherwise prohibited by law.
5 (225 ILCS 110/10 rep.)
6 Section 15. The Illinois Speech-Language Pathology and
7Audiology Practice Act is amended by repealing Section 10.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.

HB3451- 24 -LRB100 05732 SMS 15754 b
1 INDEX
2 Statutes amended in order of appearance