Bill Text: IL SB0771 | 2017-2018 | 100th General Assembly | Chaptered


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 2-0)

Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0530 [SB0771 Detail]

Download: Illinois-2017-SB0771-Chaptered.html



Public Act 100-0530
SB0771 EnrolledLRB100 05744 SMS 15767 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 and by adding Section 4.38 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.38 new)
Sec. 4.38. Act repealed on January 1, 2028. The following
Act is repealed on January 1, 2028:
The Illinois Speech-Language Pathology and Audiology
Practice Act.
Section 10. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Sections 3, 3.5,
5, 7, 8, 8.1, 8.5, 8.8, 11, 14, 16, 17, 22, 23, 24.1, 31a, and
34 and by adding Sections 4.5, 8.2, 8.3, and 34.1 as follows:
(225 ILCS 110/3) (from Ch. 111, par. 7903)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. The following words and phrases shall
have the meaning ascribed to them in this Section unless the
context clearly indicates otherwise:
(a) "Department" means the Department of Financial and
Professional Regulation.
(b) "Secretary" means the Secretary of Financial and
Professional Regulation.
(c) "Board" means the Board of Speech-Language Pathology
and Audiology established under Section 5 of this Act.
(d) "Speech-Language Pathologist" means a person who has
received a license pursuant to this Act and who engages in the
practice of speech-language pathology.
(e) "Audiologist" means a person who has received a license
pursuant to this Act and who engages in the practice of
audiology.
(f) "Public member" means a person who is not a health
professional. For purposes of board membership, any person with
a significant financial interest in a health service or
profession is not a public member.
(g) "The practice of audiology" is the application of
nonsurgical nonmedical methods and procedures for the
screening, identification, measurement, monitoring, testing,
appraisal, prediction, interpretation, habilitation,
rehabilitation, or instruction related to audiologic or
vestibular disorders, including hearing and disorders of
hearing. These procedures are for the purpose of counseling,
consulting and rendering or offering to render services or for
participating in the planning, directing or conducting of
programs that are designed to modify communicative disorders
involving speech, language, or auditory, or vestibular
function related to hearing loss. The practice of audiology may
include, but shall not be limited to, the following:
(1) any task, procedure, act, or practice that is
necessary for the evaluation and management of audiologic,
hearing, or vestibular function, including, but not
limited to, neurophysiologic intraoperative monitoring of
the seventh or eighth cranial nerve function;
(2) training in the use of amplification devices;
(3) the evaluation, fitting, dispensing, or servicing
of hearing instruments and auditory prosthetic devices,
such as cochlear implants, auditory osseointegrated
devices, and brainstem implants;
(4) cerumen removal; and
(5) (4) performing basic speech and language screening
tests and procedures consistent with audiology training;
and .
(6) performing basic health screenings in accordance
with Section 8.3 of this Act.
(h) "The practice of speech-language pathology" is the
application of nonmedical methods and procedures for the
identification, measurement, testing, appraisal, prediction,
habilitation, rehabilitation, and modification related to
communication development, and disorders or disabilities of
speech, language, voice, swallowing, and other speech,
language and voice related disorders. These procedures are for
the purpose of counseling, consulting and rendering or offering
to render services, or for participating in the planning,
directing or conducting of programs that are designed to modify
communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice and
swallowing function.
"The practice of speech-language pathology" shall include,
but shall not be limited to, the following:
(1) hearing screening tests and aural rehabilitation
procedures consistent with speech-language pathology
training;
(2) tasks, procedures, acts or practices that are
necessary for the evaluation of, and training in the use
of, augmentative communication systems, communication
variation, cognitive rehabilitation, non-spoken language
production and comprehension; and
(3) the use of rigid or flexible laryngoscopes for the
sole purpose of observing and obtaining images of the
pharynx and larynx in accordance with Section 9.3 of this
Act; and .
(4) performing basic health screenings in accordance
with Section 8.3 of this Act.
(i) "Speech-language pathology assistant" means a person
who has received a license pursuant to this Act to assist a
speech-language pathologist in the manner provided in this Act.
(j) "Physician" means a physician licensed to practice
medicine in all its branches under the Medical Practice Act of
1987.
(k) "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(l) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file as maintained by the
Department's licensure maintenance unit.
(m) "Neurophysiologic intraoperative monitoring" means the
process of continual testing and interpretation of test results
using electrodiagnostic modalities to monitor the seventh and
eighth cranial nerve function during a surgical procedure.
Neurophysiologic intraoperative monitoring does not include
testing and interpretation of test results using
electrodiagnostic modalities to monitor the spinal cord,
peripheral nerves (other than the seventh and eighth cranial
nerve), cerebral hemispheres, or brainstem. Neurophysiologic
intraoperative monitoring may be performed by an audiologist
only if authorized by the physician performing the surgical
procedure.
(Source: P.A. 95-465, eff. 8-27-07; 96-719, eff. 8-25-09.)
(225 ILCS 110/3.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3.5. Exemptions. This Act does not prohibit:
(a) The practice of speech-language pathology or
audiology by students in their course of study in programs
approved by the Department when acting under the direction
and supervision of licensed speech-language pathologists
or audiologists.
(b) The performance of any speech-language pathology
service by a speech-language pathology assistant or a
speech-language pathology paraprofessional if such service
is performed under the supervision and full responsibility
of a licensed speech-language pathologist. A speech
language pathology assistant may perform only those duties
authorized by Section 8.7 under the supervision of a
speech-language pathologist as provided in Section 8.8.
(b-5) The performance of an audiology service by an
appropriately trained person if that service is performed
under the supervision and full responsibility of a licensed
audiologist.
(c) The performance of audiometric testing for the
purpose of industrial hearing conservation by an
audiometric technician certified by the Council of
Accreditation for Occupational Hearing Conservation
(CAOHC).
(d) The performance of an audiometric screening by an
audiometric screenings technician certified by the
Department of Public Health.
(e) The selling or practice of fitting, dispensing, or
servicing hearing instruments by a hearing instrument
dispenser licensed under the Hearing Instrument Consumer
Protection Act.
(f) A person licensed in this State under any other Act
from engaging in the practice for which he or she is
licensed.
(g) The performance of vestibular function testing by
an appropriately trained person under the supervision of a
physician licensed to practice medicine in all its
branches.
(h) The performance of neurophysiologic intraoperative
monitoring of the seventh and eighth cranial nerve by an
individual certified by the American Board of Registration
of Electroencephalographic and Evoked Potential
Technologists as Certified in Neurophysiologic
Intraoperative Monitoring only if authorized and
supervised by the physician performing the surgical
procedure.
(Source: P.A. 92-510, eff. 6-1-02.)
(225 ILCS 110/4.5 new)
Sec. 4.5. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 110/5) (from Ch. 111, par. 7905)
(Section scheduled to be repealed on January 1, 2018)
Sec. 5. Board of Speech-Language Pathology and Audiology.
There is created a Board of Speech-Language Pathology and
Audiology to be composed of persons designated from time to
time by the Secretary, as follows:
(a) Five persons, 2 of whom have been licensed
speech-language pathologists for a period of 5 years or
more, 2 of whom have been licensed audiologists for a
period of 5 years or more, and one public member. The board
shall annually elect a chairperson and a vice-chairperson.
(b) Terms for all members shall be for 3 years. A
member shall serve until his or her successor is appointed
and qualified. Partial terms over 2 years in length shall
be considered as full terms. A member may be reappointed
for a successive term, but no member shall serve more than
2 full terms.
(c) The membership of the Board should reasonably
reflect representation from the various geographic areas
of the State.
(d) In making appointments to the Board, the Secretary
shall give due consideration to recommendations by
organizations of the speech-language pathology and
audiology professions in Illinois, including the Illinois
Speech-Language-Hearing Association and the Illinois
Academy of Audiology, and shall promptly give due notice to
such organizations of any vacancy in the membership of the
Board. The Secretary may terminate the appointment of any
member for any cause, which in the opinion of the
Secretary, reasonably justifies such termination.
(e) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of
the Board shall not impair the right of a quorum to
exercise all the rights and perform all the duties of the
Board.
(f) The members of the Board may each receive as
compensation a reasonable sum as determined by the
Secretary for each day actually engaged in the duties of
the office, and all legitimate and necessary expenses
incurred in attending the meetings of the Board.
(g) Members of the Board shall have no liability be
immune from suit in any action based upon any disciplinary
proceedings or other activity activities performed in good
faith as members of the Board.
(h) The Secretary may consider the recommendations of
the Board in establishing guidelines for professional
conduct, the conduct of formal disciplinary proceedings
brought under this Act, and qualifications of applicants.
Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the
Board and any recommendations made in the response. The
Department, at any time, may seek the expert advice and
knowledge of the Board on any matter relating to the
administration or enforcement of this Act.
(i) Whenever the Secretary is satisfied that
substantial justice has not been done either in an
examination or in the revocation, suspension, or refusal of
a license, or other disciplinary action relating to a
license, the Secretary may order a reexamination or
rehearing.
(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
(225 ILCS 110/7) (from Ch. 111, par. 7907)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7. Licensure requirement.
(a) Except as provided in subsection (b), on or after June
1, 1989, no person shall practice speech-language pathology or
audiology without first applying for and obtaining a license
for such purpose from the Department. Except as provided in
this Section, on or after January 1, 2002, no person shall
perform the functions and duties of a speech-language pathology
assistant without first applying for and obtaining a license
for that purpose from the Department.
(b) A person holding a regular license to practice
speech-language pathology or audiology under the laws of
another state, a territory of the United States, or the
District of Columbia who has made application to the Department
for a license to practice speech-language pathology or
audiology may practice speech-language pathology or audiology
without a license for 90 days from the date of application or
until disposition of the license application by the Department,
whichever is sooner, if the person (i) in the case of a
speech-language pathologist, holds a Certificate of Clinical
Competence from the American Speech-Language-Hearing
Association in speech-language pathology or audiology or, in
the case of an audiologist, a certificate from the American
Board of Audiology and (ii) has not been disciplined and has no
disciplinary matters pending in a state, a territory, or the
District of Columbia.
A person applying for an initial license to practice
audiology who is a recent graduate of a Department-approved
audiology program may practice as an audiologist for a period
of 60 days after the date of application or until disposition
of the license application by the Department, whichever is
sooner, provided that he or she meets the applicable
requirements of Section 8 of this Act.
(Source: P.A. 95-465, eff. 8-27-07.)
(225 ILCS 110/8) (from Ch. 111, par. 7908)
(Section scheduled to be repealed on January 1, 2018)
Sec. 8. Qualifications for licenses to practice
speech-language pathology or audiology. The Department shall
require that each applicant for a license to practice
speech-language pathology or audiology shall:
(a) (blank);
(b) be at least 21 years of age;
(c) not have violated any provisions of Section 16 of
this Act;
(d) for a license as a speech-language pathologist,
present satisfactory evidence of receiving a master's or
doctoral degree in speech-language pathology from a
program approved by the Department. Nothing in this Act
shall be construed to prevent any program from establishing
higher standards than specified in this Act;
(d-5) for a license as an audiologist, present
satisfactory evidence of having received a master's or
doctoral degree in audiology from a program approved by the
Department; however, an applicant for licensure as an
audiologist whose degree was conferred on or after January
1, 2008, must present satisfactory evidence of having
received a doctoral degree in audiology from a program
approved by the Department;
(e) pass a national examination recognized by the
Department in the theory and practice of the profession;
(f) for a license as a speech-language pathologist,
have completed the equivalent of 9 months of supervised
experience; and
(g) for a license as an audiologist, have completed a
minimum of 1,500 clock hours of supervised experience or
present evidence of a Doctor of Audiology (AuD) degree.
An applicant for licensure as a speech-language
pathologist who received education and training at a
speech-language pathology program located outside of the
United States must meet the requirements of this Section,
including, but not limited to, substantially complying with the
minimum requirements of an approved program as set forth by
rule.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
fee shall be forfeited, and the applicant must reapply and meet
the requirements in effect at the time of reapplication.
(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
(225 ILCS 110/8.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 8.1. Temporary license. On and after July 1, 2005, a
person who has met the requirements of items (a) through (e) of
Section 8 and intends to undertake supervised professional
experience as a speech-language pathologist, as required by
subsection (f) of Section 8 and the rules adopted by the
Department, must first obtain a temporary license from the
Department. A temporary license may be issued by the Department
only to an applicant pursuing licensure as a speech-language
pathologist in this State. A temporary license shall be issued
to an applicant upon receipt of the required fee as set forth
by rule and documentation on forms prescribed by the Department
certifying that his or her professional experience will be
supervised by a licensed speech-language pathologist. A
temporary license shall be issued for a period of 18 12 months
and may be renewed only once for good cause shown.
A person who has completed the course and clinical
curriculum required to receive a master's degree in
speech-language pathology, as minimally required under
subsection (d) of Section 8 of this Act for a license to
practice speech-language pathology, but who has not yet been
conferred the master's degree, may make application to the
Department for a temporary license under this Section and may
begin his or her supervised professional experience as a
speech-language pathologist without a temporary license for
120 days from the date of application or until disposition of
the license application by the Department, whichever is sooner.
(Source: P.A. 93-112, eff. 1-1-04; 93-1060, eff. 12-23-04;
94-1082, eff. 1-19-07.)
(225 ILCS 110/8.2 new)
Sec. 8.2. Remote practice of audiology and speech-language
pathology.
(a) An audiologist licensed under this Act may conduct the
practice of audiology remotely subject to the following
conditions:
(1) the practice of audiology may be conducted remotely
using video conferencing;
(2) the use of telephone, email, instant messaging,
store and forward technology, or facsimile must be in
conjunction with or supplementary to the use of video
conferencing;
(3) an audiologist who practices audiology remotely
must follow all applicable Health Insurance Portability
and Accountability Act privacy and security regulations;
(4) an audiologist who practices audiology remotely is
subject to the same standard of care required of an
audiologist who practices audiology in a clinic or office
setting; and
(5) services delivered remotely by an audiologist must
be equivalent to the quality of services delivered in
person in a clinic or office setting.
(b) A speech-language pathologist licensed under this Act
may conduct the practice of speech-language pathology remotely
subject to the following conditions:
(1) the practice of speech-language pathology may be
conducted remotely using video conferencing;
(2) the use of telephone, email, instant messaging,
store and forward technology, or facsimile must be in
conjunction with or supplementary to the use of video
conferencing;
(3) a speech-language pathologist who practices
speech-language pathology remotely must follow all
applicable Health Insurance Portability and Accountability
Act privacy and security regulations;
(4) a speech-language pathologist who practices
speech-language pathology remotely is subject to the same
standard of care required of a speech-language pathologist
who practices speech-language pathology in a clinic or
office setting; and
(5) services delivered remotely by a speech-language
pathologist must be equivalent to the quality of services
delivered in person in a clinic setting.
(c) An out-of-state person providing speech-language
pathology or audiology services to a person residing in
Illinois without a license issued pursuant to this Act submits
himself or herself to the jurisdiction of the Department and
the courts of this State.
(225 ILCS 110/8.3 new)
Sec. 8.3. Basic health screenings. A speech-language
pathologist or an audiologist may perform basic health
screenings and create the resulting plans of care if: (1) the
elements of the plan of care are within the scope of practice
of a speech-language pathologist or an audiologist and (2) the
speech-language pathologist or audiologist is trained in the
performance of basic health screenings as set forth by rule
from one of the following: (A) as part of the curriculum of an
approved program, (B) through worksite training, or (C) through
continuing education. A plan of care that includes elements
that are outside the scope of practice of a speech-language
pathologist or an audiologist must be referred to appropriate
medical personnel for further evaluation or management.
(225 ILCS 110/8.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 8.5. Qualifications for licenses as a speech-language
pathology assistant. A person is qualified to be licensed as a
speech-language pathology assistant if that person has applied
in writing or electronically on forms prescribed by the
Department, has paid the required fees, and meets both of the
following criteria:
(1) Is of good moral character. In determining moral
character, the Department may take into consideration any
felony conviction or plea of guilty or nolo contendere of
the applicant, but such a conviction or plea shall not
operate automatically as a complete bar to licensure.
(2) Has received either (i) an associate degree from a
speech-language pathology assistant program that has been
approved by the Department and that meets the minimum
requirements set forth in Section 8.6 or (ii) a bachelor's
degree and has completed course work from an accredited
college or university that meets the minimum requirements
set forth in Section 8.6.
(Source: P.A. 94-869, eff. 6-16-06; 95-465, eff. 8-27-07.)
(225 ILCS 110/8.8)
(Section scheduled to be repealed on January 1, 2018)
Sec. 8.8. Supervision of speech-language pathology
assistants.
(a) A speech-language pathology assistant shall practice
only under the supervision of a speech-language pathologist who
has at least 2 years experience in addition to the supervised
professional experience required under subsection (f) of
Section 8 of this Act. A speech-language pathologist who
supervises a speech-language pathology assistant (i) must have
completed at least 6 10 clock hours of training in the
supervision related to speech-language pathology, and (ii)
must complete at least 2 clock hours of continuing education in
supervision related to speech-language pathology in each new
licensing cycle after completion of the initial training
required under item (i) of speech-language pathology
assistants. The Department shall promulgate rules describing
the supervision training requirements. The rules may allow a
speech-language pathologist to apply to the Board for an
exemption from this training requirement based upon prior
supervisory experience.
(b) A speech-language pathology assistant must be under the
direct supervision of a speech-language pathologist at least
30% of the speech-language pathology assistant's actual
patient or client contact time per patient or client during the
first 90 days of initial employment as a speech-language
pathology assistant. Thereafter, a speech-language pathology
assistant must be under the direct supervision of a
speech-language pathologist at least 20% of the
speech-language pathology assistant's actual patient or client
contact time per patient or client. Supervision of a
speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the
discretion of the supervising speech-language pathologist. A
supervising speech-language pathologist must be available to
communicate with a speech-language pathology assistant
whenever the assistant is in contact with a patient or client.
(c) A speech-language pathologist that supervises a
speech-language pathology assistant must document direct
supervision activities. At a minimum, supervision
documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's
performance of assigned duties, and (ii) verification that
clinical activity is limited to duties specified in Section
8.7.
(d) A full-time speech-language pathologist may supervise
no more than 2 speech-language pathology assistants. A
speech-language pathologist that does not work full-time may
supervise no more than one speech-language pathology
assistant.
(e) For purposes of this Section, "direct supervision"
means on-site, in-view observation and guidance by a
speech-language pathologist while an assigned activity is
performed by the speech-language pathology assistant.
(Source: P.A. 92-510, eff. 6-1-02.)
(225 ILCS 110/11) (from Ch. 111, par. 7911)
(Section scheduled to be repealed on January 1, 2018)
Sec. 11. Expiration, renewal and restoration of licenses.
(a) The expiration date and renewal period for each license
issued under this Act shall be set by rule. A speech-language
pathologist, speech-language pathology assistant, or
audiologist may renew such license during the month preceding
the expiration date thereof by paying the required fee.
(a-5) An audiologist renewing his or her license All
renewal applicants shall provide proof as determined by the
Department of having met the continuing education requirements
set forth in the rules of the Department. At a minimum, the
rules shall require a renewal applicant for licensure as an a
speech-language pathologist or audiologist to provide proof of
completing at least 20 clock hours of continuing education
during the 2-year licensing cycle for which he or she is
currently licensed, no more than 10 hours of which may be
obtained through programs sponsored by hearing instrument or
auditory prosthetic device manufacturers. An audiologist must
provide proof that at least 2 clock hours of training in ethics
or legal requirements pertaining to the practice of audiology
was completed during the 2-year licensing cycle for which he or
she is currently licensed. An audiologist who has met the
continuing education requirements of the Hearing Instrument
Consumer Protection Act during an equivalent licensing cycle
under this Act shall be deemed to have met the continuing
education requirements of this Act. At a minimum, the rules
shall require a renewal applicant for licensure as a
speech-language pathology assistant to provide proof of
completing at least 10 clock hours of continuing education
during the 2-year period for which he or she currently holds a
license.
(a-10) A speech-language pathologist or a speech-language
pathology assistant renewing his or her license shall provide
proof as determined by the Department of having met the
continuing education requirements set forth in the rules of the
Department. At a minimum, the rules shall require a renewal
applicant for license as a speech-language pathologist to
provide proof of completing at least 20 clock hours of
continuing education during the 2-year licensing cycle for
which he or she is currently licensed. A speech language
pathologist must provide proof that at least one clock hour of
ethics training was completed during the 2-year licensing cycle
for which he or she is currently licensed. At a minimum, the
rules shall require a renewal applicant for licensure as a
speech-language pathology assistant to provide proof of
completing at least 10 clock hours of continuing education
during the 2-year period for which he or she currently holds a
license.
(b) Inactive status.
(1) Any licensee who notifies the Department in writing
on forms prescribed by the Department may elect to place
his or her license on an inactive status and shall, subject
to rules of the Department, be excused from payment of
renewal fees until he or she notifies the Department in
writing of his or her desire to resume active status.
(2) Any licensee requesting restoration from inactive
status shall be required to (i) pay the current renewal
fee; and (ii) demonstrate that he or she has completed a
minimum of 20 hours of continuing education and met any
additional continuing education requirements established
by the Department by rule.
(3) Any licensee whose license is in an inactive status
shall not practice in the State of Illinois without first
restoring his or her license.
(4) Any licensee who shall engage in the practice while
the license is lapsed or inactive shall be considered to be
practicing without a license which shall be grounds for
discipline under Section 16 of this Act.
(c) Any speech-language pathologist, speech-language
pathology assistant, or audiologist whose license has expired
may have his or her license restored at any time within 5 years
after the expiration thereof, upon payment of the required fee.
(d) Any person whose license has been expired or inactive
for 5 years or more may have his or her license restored by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have his
or her license restored, including sworn evidence certifying to
active lawful practice in another jurisdiction, and by paying
the required restoration fee. A person practicing on an expired
license is deemed to be practicing without a license.
(e) If a person whose license has expired has not
maintained active practice in another jurisdiction, the
Department shall determine, by an evaluation process
established by rule, his or her fitness to resume active status
and may require the person to complete a period of evaluated
clinical experience, and may require successful completion of
an examination.
(f) Any person whose license has expired while he or she
has been engaged (1) in federal or State service on active
duty, or (2) in training or education under the supervision of
the United States preliminary to induction into the military
service, may have his or her license restored without paying
any lapsed renewal or restoration fee, if within 2 years after
termination of such service, training or education he or she
furnishes the Department with satisfactory proof that he or she
has been so engaged and that his or her service, training or
education has been so terminated.
(Source: P.A. 95-465, eff. 8-27-07.)
(225 ILCS 110/14) (from Ch. 111, par. 7914)
(Section scheduled to be repealed on January 1, 2018)
Sec. 14. Fees.
(a) The Department shall provide by rule for a schedule of
fees to be paid for licenses by all applicants. The Department
shall consult with the Board and consider its recommendations
when establishing the schedule of fees and any increase in fees
to be paid by license applicants.
(b) Except as provided in subsection (c) below, the fees
for the administration and enforcement of this Act, including
but not limited to original licensure, renewal, and
restoration, shall be set by rule and shall be nonrefundable.
(b-5) In addition to any fees set by the Department through
administrative rule, the Department shall, at the time of
licensure and renewal, collect from each licensed audiologist a
Hearing Instrument Consumer Protection Fee of $45.
(c) (Blank). Applicants for examination shall be required
to pay, either to the Department or the designated testing
service, a fee covering the cost of initial screening to
determine eligibility and to provide the examination. Failure
to appear for the examination on the scheduled date at the time
and place specified, after the application for examination has
been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
(Source: P.A. 90-69, eff. 7-8-97; 91-932, eff. 1-1-01.)
(225 ILCS 110/16) (from Ch. 111, par. 7916)
(Section scheduled to be repealed on January 1, 2018)
Sec. 16. Refusal, revocation or suspension of licenses.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, censure, reprimand or take
other disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed
$10,000 for each violation, with regard to any license for any
one or combination of the following causes:
(a) Fraud in procuring the license.
(b) (Blank).
(c) Willful or repeated violations of the rules of the
Department of Public Health.
(d) Division of fees or agreeing to split or divide the
fees received for speech-language pathology or audiology
services with any person for referring an individual, or
assisting in the care or treatment of an individual,
without the knowledge of the individual or his or her legal
representative. Nothing in this paragraph (d) affects any
bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (d) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(e) Employing, procuring, inducing, aiding or abetting
a person not licensed as a speech-language pathologist or
audiologist to engage in the unauthorized practice of
speech-language pathology or audiology.
(e-5) Employing, procuring, inducing, aiding, or
abetting a person not licensed as a speech-language
pathology assistant to perform the functions and duties of
a speech-language pathology assistant.
(f) Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
patronage.
(g) Professional connection or association with, or
lending his or her name to another for the illegal practice
of speech-language pathology or audiology by another, or
professional connection or association with any person,
firm or corporation holding itself out in any manner
contrary to this Act.
(h) Obtaining or seeking to obtain checks, money, or
any other things of value by false or fraudulent
representations, including but not limited to, engaging in
such fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family Services
(formerly Department of Public Aid).
(i) Practicing under a name other than his or her own.
(j) Improper, unprofessional or dishonorable conduct
of a character likely to deceive, defraud or harm the
public.
(k) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession. Conviction of or entry of a plea of guilty
or nolo contendere to any crime that is a felony under the
laws of the United States or any state or territory
thereof, or that is a misdemeanor of which an essential
element is dishonesty, or that is directly related to the
practice of the profession.
(1) Permitting a person under his or her supervision to
perform any function not authorized by this Act.
(m) A violation of any provision of this Act or rules
promulgated thereunder.
(n) Discipline by another state, the District of
Columbia, territory, or foreign nation of a license to
practice speech-language pathology or audiology or a
license to practice as a speech-language pathology
assistant in its jurisdiction if at least one of the
grounds for that discipline is the same as or the
equivalent of one of the grounds for discipline set forth
herein.
(o) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(p) Gross or repeated malpractice.
(q) Willfully making or filing false records or reports
in his or her practice as a speech-language pathologist,
speech-language pathology assistant, or audiologist,
including, but not limited to, false records to support
claims against the public assistance program of the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid).
(r) Professional incompetence as manifested by poor
standards of care or mental incompetence as declared by a
court of competent jurisdiction.
(s) Repeated irregularities in billing a third party
for services rendered to an individual. For purposes of
this Section, "irregularities in billing" shall include:
(i) reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the speech-language pathologist,
speech-language pathology assistant, or audiologist
for the services rendered;
(ii) reporting charges for services not rendered;
or
(iii) incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
(t) (Blank).
(u) Violation of the Health Care Worker Self-Referral
Act.
(v) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
of or addiction to alcohol, narcotics, or stimulants or any
other chemical agent or drug or as a result of physical
illness, including, but not limited to, deterioration
through the aging process or loss of motor skill, mental
illness, or disability.
(w) Violation of the Hearing Instrument Consumer
Protection Act.
(x) Failure by a speech-language pathology assistant
and supervising speech-language pathologist to comply with
the supervision requirements set forth in Section 8.8.
(y) Willfully Wilfully exceeding the scope of duties
customarily undertaken by speech-language pathology
assistants set forth in Section 8.7 that results in, or may
result in, harm to the public.
(z) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(aa) Being named as a perpetrator in an indicated
report by the Department on Aging under the Adult
Protective Services Act, and upon proof by clear and
convincing evidence that the licensee has caused an
eligible adult to be abused, neglected, or financially
exploited as defined in the Adult Protective Services Act.
(bb) Violating Section 8.2 of this Act.
(cc) Violating Section 8.3 of this Act.
(2) The Department shall deny a license or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois State Scholarship
Commission; however, the Department may issue a license or
renewal if the aforementioned persons have established a
satisfactory repayment record as determined by the Illinois
State Scholarship Commission.
(3) The entry of an order by a circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient,
and upon the Board's recommendation to the Department that the
license be restored. Where the circumstances so indicate, the
Board may recommend to the Department that it require an
examination prior to restoring any license automatically
suspended under this subsection.
(4) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of the tax penalty or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(5) In enforcing this Section, the Board upon a showing of
a possible violation may compel an individual licensed to
practice under this Act, or who has applied for licensure
pursuant to this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The examining physicians or clinical psychologists
shall be those specifically designated by the Board. The
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her choice
present during all aspects of this examination. Failure of any
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the Board
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board may require
that individual to submit to care, counseling, or treatment by
physicians or clinical psychologists approved or designated by
the Board, as a condition, term, or restriction for continued,
restored reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Board may recommend
to the Department to file a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
Any individual whose license was granted, continued, restored
reinstated, renewed, disciplined or supervised subject to such
terms, conditions, or restrictions, and who fails to comply
with such terms, conditions, or restrictions, shall be referred
to the Secretary for a determination as to whether the
individual shall have his or her license suspended immediately,
pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Board within 15 days after the
suspension and completed without appreciable delay. The Board
shall have the authority to review the subject individual's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Board that he or she can resume practice in compliance with
acceptable and prevailing standards under the provisions of his
or her license.
(Source: P.A. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07;
96-1482, eff. 11-29-10.)
(225 ILCS 110/17) (from Ch. 111, par. 7917)
(Section scheduled to be repealed on January 1, 2018)
Sec. 17. Investigations; notice; hearings. Licenses may be
refused, revoked, or suspended in the manner provided by this
Act and not otherwise. The Department may upon its own motion
and shall upon the verified complaint in writing of any person
setting forth facts that if proven would constitute grounds for
refusal to issue, suspend, or revoke under this Act,
investigate the actions of any person applying for, holding, or
claiming to hold a license.
The Department shall, before refusing to issue or renew or
suspending or revoking any license or taking other disciplinary
action pursuant to Section 16 of this Act, and at least 30 days
prior to the date set for the hearing, notify, in writing, the
applicant for or the holder of such license of any charges
made, afford the accused person an opportunity to be heard in
person or by counsel in reference thereto, and direct the
applicant or licensee to file a written answer to the Board
under oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an answer
will result in default being taken against the applicant or
licensee and that the license or certificate may be suspended,
revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature, or
extent of practice, as the Secretary may deem proper. Written
or electronic notice may be served by personal delivery, of the
same personally to the accused person or by mailing the same by
certified mail, or email to the applicant or licensee at his or
her address of record or email address of record his or her
last known place of residence or to the place of business last
specified by the accused person in his or her last notification
to the Department. In case the person fails to file an answer
after receiving notice, his or her license or certificate may,
in the discretion of the Department, be suspended, revoked, or
placed on probationary status or the Department may take
whatever disciplinary action deemed proper, including limiting
the scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act.
At the time and place fixed in the notice, the Board shall
proceed to hearing of the charges and both the accused person
and the Department complainant shall be accorded ample
opportunity to present, in person or by counsel, any
statements, testimony, evidence, and arguments as may be
pertinent to the charges or to their defense. The Board may
continue such hearing from time to time. If the Board is not
sitting at the time and place fixed in the notice or at the
time and place to which the hearing shall have been continued,
the Department shall continue such hearing for a period not to
exceed 30 days.
(Source: P.A. 95-465, eff. 8-27-07.)
(225 ILCS 110/22) (from Ch. 111, par. 7922)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22. Appointment of a hearing officer. The Secretary
has shall have the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer for any action for refusal to issue,
restore, or renew a license or discipline of a license. The
hearing officer shall have full authority to conduct the
hearing. Board members may attend hearings. The hearing officer
shall report his or her findings and recommendations to the
Board and the Secretary. The Board shall review the report of
the hearing officer and present its findings of fact,
conclusions of law and recommendations to the Secretary and to
all parties to the proceedings. If the Secretary disagrees in
any regard with the Board's report, he or she may issue an
order in contravention of the Board's report.
(Source: P.A. 95-465, eff. 8-27-07.)
(225 ILCS 110/23) (from Ch. 111, par. 7923)
(Section scheduled to be repealed on January 1, 2018)
Sec. 23. Restoration. At any time after suspension,
revocation, placement on probationary status, or the taking of
any other disciplinary action with regard to any license, the
Department may restore the license, or take any other action to
restore reinstate the license to good standing upon the written
recommendation of the Board, unless after an investigation and
a hearing, the Board determines that restoration is not in the
public interest. No person whose license has been revoked as
authorized in this Act may apply for restoration of that
license until such time as provided for in the Civil
Administrative Code of Illinois.
A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration and a person
restoring his or her license from suspension or revocation must
comply with the requirements for restoration of a nonrenewed
license as set forth in Section 11 of this Act and any related
rules adopted.
(Source: P.A. 95-465, eff. 8-27-07.)
(225 ILCS 110/24.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 24.1. Certifications of record; costs. The Department
shall not be required to certify any record to the court, to
file an answer in court, or to otherwise appear in any court in
a judicial review proceeding unless and until the Department
has received from the plaintiff there is filed in the court,
with the complaint, a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file the receipt in court is grounds for dismissal
of the action.
(Source: P.A. 95-465, eff. 8-27-07.)
(225 ILCS 110/31a)
(Section scheduled to be repealed on January 1, 2018)
Sec. 31a. Advertising services.
(a) A speech-language pathologist or audiologist shall
include in every advertisement for services regulated under
this Act his or her title as it appears on the license or the
initials authorized under this Act.
(b) The terms "audiology", "audiologist", "clinical
audiologist", "licensed audiologist", "speech-language
pathology", "speech-language pathologist", "clinical
speech-language pathologist", "licensed speech-language
pathologist", or any other similar term, title, abbreviation,
or symbol that may indicate that the person is licensed under
this Act shall not be used by any person in any communication
that advertises services regulated under this Act unless he or
she is licensed under this Act as a speech-language pathologist
or an audiologist. An audiologist may use the term "doctor" if
it also stated that he or she is a "doctor of audiology". This
subsection does not apply to a person who is exempt from
licensure under this Act because he or she holds a professional
educator license issued pursuant to the School Code with a
special education endorsement as a teaching speech-language
pathologist or with a school support personnel endorsement as a
non-teaching speech-language pathologist issued prior to
January 1, 2004.
(Source: P.A. 91-310, eff. 1-1-00; 92-510, eff. 6-1-02.)
(225 ILCS 110/34) (from Ch. 111, par. 7934)
(Section scheduled to be repealed on January 1, 2018)
Sec. 34. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings the
speech-language pathologist or audiologist has the right to
show compliance with all lawful requirements for retention,
continuation or renewal of the license is specifically
excluded. For the purposes of this Act, the notice required
under Section 10-25 of the Illinois Administrative Procedure
Act is deemed sufficient when mailed or emailed to the
applicant or licensee at his or her last known address of
record or email address of record a party.
(Source: P.A. 88-45.)
(225 ILCS 110/34.1 new)
Sec. 34.1. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 110/10 rep.)
Section 15. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by repealing Section 10.
Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 10 and 15 take effect on
January 1, 2018.
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