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


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: (Engrossed) 2017-05-31 - House Floor Amendment No. 1 Motion Filed to Table Rep. Cynthia Soto [SB0771 Detail]

Download: Illinois-2017-SB0771-Engrossed.html



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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 Acts repealed on January 1, 2018.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8Acts are repealed on January 1, 2018: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.

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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, 3.5,
135, 7, 8, 8.1, 8.5, 8.8, 11, 14, 16, 17, 22, 23, 24.1, 31a, and
1434 and by adding Sections 4.5, 8.2, 8.3, and 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.

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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
14nonsurgical nonmedical methods and procedures for the
15screening, identification, measurement, monitoring, testing,
16appraisal, prediction, interpretation, habilitation,
17rehabilitation, or instruction related to audiologic or
18vestibular disorders, including hearing and disorders of
19hearing. These procedures are for the purpose of counseling,
20consulting and rendering or offering to render services or for
21participating in the planning, directing or conducting of
22programs that are designed to modify communicative disorders
23involving speech, language, or auditory, or vestibular
24function related to hearing loss. The practice of audiology may
25include, but shall not be limited to, the following:
26 (1) any task, procedure, act, or practice that is

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1 necessary for the evaluation and management of audiologic,
2 hearing, or vestibular function, including, but not
3 limited to, neurophysiologic intraoperative monitoring of
4 the seventh or eighth cranial nerve function;
5 (2) training in the use of amplification devices;
6 (3) the evaluation, fitting, dispensing, or servicing
7 of hearing instruments and auditory prosthetic devices,
8 such as cochlear implants, auditory osseointegrated
9 devices, and brainstem implants;
10 (4) cerumen removal; and
11 (5) (4) performing basic speech and language screening
12 tests and procedures consistent with audiology training;
13 and .
14 (6) performing basic health screenings in accordance
15 with Section 8.3 of this Act.
16 "The practice of audiology" does not include testing and
17interpretation of test results using electrodiagnostic
18modalities to monitor the spinal cord, peripheral nerves (other
19than the seventh and eighth cranial nerve), cerebral
20hemispheres, or brainstem.
21 (h) "The practice of speech-language pathology" is the
22application of nonmedical methods and procedures for the
23identification, measurement, testing, appraisal, prediction,
24habilitation, rehabilitation, and modification related to
25communication development, and disorders or disabilities of
26speech, language, voice, swallowing, and other speech,

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1language and voice related disorders. These procedures are for
2the purpose of counseling, consulting and rendering or offering
3to render services, or for participating in the planning,
4directing or conducting of programs that are designed to modify
5communicative disorders and conditions in individuals or
6groups of individuals involving speech, language, voice and
7swallowing function.
8 "The practice of speech-language pathology" shall include,
9but shall not be limited to, the following:
10 (1) hearing screening tests and aural rehabilitation
11 procedures consistent with speech-language pathology
12 training;
13 (2) tasks, procedures, acts or practices that are
14 necessary for the evaluation of, and training in the use
15 of, augmentative communication systems, communication
16 variation, cognitive rehabilitation, non-spoken language
17 production and comprehension; and
18 (3) the use of rigid or flexible laryngoscopes for the
19 sole purpose of observing and obtaining images of the
20 pharynx and larynx in accordance with Section 9.3 of this
21 Act; and .
22 (4) performing basic health screenings in accordance
23 with Section 8.3 of this Act.
24 (i) "Speech-language pathology assistant" means a person
25who has received a license pursuant to this Act to assist a
26speech-language pathologist in the manner provided in this Act.

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1 (j) "Physician" means a physician licensed to practice
2medicine in all its branches under the Medical Practice Act of
31987.
4 (k) "Email address of record" means the designated email
5address recorded by the Department in the applicant's
6application file or the licensee's license file, as maintained
7by the Department's licensure maintenance unit.
8 (l) "Address of record" means the designated address
9recorded by the Department in the applicant's or licensee's
10application file or license file as maintained by the
11Department's licensure maintenance unit.
12 (m) "Neurophysiologic intraoperative monitoring" means the
13process of continual testing and interpretation of test results
14using electrodiagnostic modalities to monitor the seventh and
15eighth cranial nerve function during a surgical procedure.
16Neurophysiologic intraoperative monitoring may be performed by
17an audiologist only if authorized by the physician performing
18the surgical procedure.
19(Source: P.A. 95-465, eff. 8-27-07; 96-719, eff. 8-25-09.)
20 (225 ILCS 110/3.5)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 3.5. Exemptions. This Act does not prohibit:
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
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.
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.
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
11applicants 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.
20 (225 ILCS 110/5) (from Ch. 111, par. 7905)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 5. Board of Speech-Language Pathology and Audiology.
23There is created a Board of Speech-Language Pathology and
24Audiology to be composed of persons designated from time to

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1time 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)
7 Sec. 7. Licensure requirement.
8 (a) Except as provided in subsection (b), on or after June
91, 1989, no person shall practice speech-language pathology or
10audiology without first applying for and obtaining a license
11for such purpose from the Department. Except as provided in
12this Section, on or after January 1, 2002, no person shall
13perform the functions and duties of a speech-language pathology
14assistant without first applying for and obtaining a license
15for that purpose from the Department.
16 (b) A person holding a regular license to practice
17speech-language pathology or audiology under the laws of
18another state, a territory of the United States, or the
19District of Columbia who has made application to the Department
20for a license to practice speech-language pathology or
21audiology may practice speech-language pathology or audiology
22without a license for 90 days from the date of application or
23until disposition of the license application by the Department,
24whichever is sooner, if the person (i) in the case of a
25speech-language pathologist, holds a Certificate of Clinical

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1Competence from the American Speech-Language-Hearing
2Association in speech-language pathology or audiology or, in
3the case of an audiologist, a certificate from the American
4Board of Audiology and (ii) has not been disciplined and has no
5disciplinary matters pending in a state, a territory, or the
6District of Columbia.
7 A person applying for an initial license to practice
8audiology who is a recent graduate of a Department-approved
9audiology program may practice as an audiologist for a period
10of 60 days after the date of application or until disposition
11of the license application by the Department, whichever is
12sooner, provided that he or she meets the applicable
13requirements of Section 8 of this Act.
14(Source: P.A. 95-465, eff. 8-27-07.)
15 (225 ILCS 110/8) (from Ch. 111, par. 7908)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 8. Qualifications for licenses to practice
18speech-language pathology or audiology. The Department shall
19require that each applicant for a license to practice
20speech-language pathology or audiology shall:
21 (a) (blank);
22 (b) be at least 21 years of age;
23 (c) not have violated any provisions of Section 16 of
24 this Act;
25 (d) for a license as a speech-language pathologist,

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1 present satisfactory evidence of receiving a master's or
2 doctoral degree in speech-language pathology from a
3 program approved by the Department. Nothing in this Act
4 shall be construed to prevent any program from establishing
5 higher standards than specified in this Act;
6 (d-5) for a license as an audiologist, present
7 satisfactory evidence of having received a master's or
8 doctoral degree in audiology from a program approved by the
9 Department; however, an applicant for licensure as an
10 audiologist whose degree was conferred on or after January
11 1, 2008, must present satisfactory evidence of having
12 received a doctoral degree in audiology from a program
13 approved by the Department;
14 (e) pass a national examination recognized by the
15 Department in the theory and practice of the profession;
16 (f) for a license as a speech-language pathologist,
17 have completed the equivalent of 9 months of supervised
18 experience; and
19 (g) for a license as an audiologist, have completed a
20 minimum of 1,500 clock hours of supervised experience or
21 present evidence of a Doctor of Audiology (AuD) degree.
22 An applicant for licensure as a speech-language
23pathologist who received education and training at a
24speech-language pathology program located outside of the
25United States must meet the requirements of this Section,
26including, but not limited to, substantially complying with the

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1minimum requirements of an approved program as set forth by
2rule.
3 Applicants have 3 years from the date of application to
4complete the application process. If the process has not been
5completed within 3 years, the application shall be denied, the
6fee shall be forfeited, and the applicant must reapply and meet
7the requirements in effect at the time of reapplication.
8(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
9 (225 ILCS 110/8.1)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 8.1. Temporary license. On and after July 1, 2005, a
12person who has met the requirements of items (a) through (e) of
13Section 8 and intends to undertake supervised professional
14experience as a speech-language pathologist, as required by
15subsection (f) of Section 8 and the rules adopted by the
16Department, must first obtain a temporary license from the
17Department. A temporary license may be issued by the Department
18only to an applicant pursuing licensure as a speech-language
19pathologist in this State. A temporary license shall be issued
20to an applicant upon receipt of the required fee as set forth
21by rule and documentation on forms prescribed by the Department
22certifying that his or her professional experience will be
23supervised by a licensed speech-language pathologist. A
24temporary license shall be issued for a period of 18 12 months
25and may be renewed only once for good cause shown.

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1 A person who has completed the course and clinical
2curriculum required to receive a master's degree in
3speech-language pathology, as minimally required under
4subsection (d) of Section 8 of this Act for a license to
5practice speech-language pathology, but who has not yet been
6conferred the master's degree, may make application to the
7Department for a temporary license under this Section and may
8begin his or her supervised professional experience as a
9speech-language pathologist without a temporary license for
10120 days from the date of application or until disposition of
11the license application by the Department, whichever is sooner.
12(Source: P.A. 93-112, eff. 1-1-04; 93-1060, eff. 12-23-04;
1394-1082, eff. 1-19-07.)
14 (225 ILCS 110/8.2 new)
15 Sec. 8.2. Remote practice of audiology and speech-language
16pathology.
17 (a) An audiologist licensed under this Act may conduct the
18practice of audiology remotely subject to the following
19conditions:
20 (1) the practice of audiology may be conducted remotely
21 using video conferencing;
22 (2) the use of telephone, email, instant messaging,
23 store and forward technology, or facsimile must be in
24 conjunction with or supplementary to the use of video
25 conferencing;

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1 (3) an audiologist who practices audiology remotely
2 must follow all applicable Health Insurance Portability
3 and Accountability Act privacy and security regulations;
4 (4) an audiologist who practices audiology remotely is
5 subject to the same standard of care required of an
6 audiologist who practices audiology in a clinic or office
7 setting; and
8 (5) services delivered remotely by an audiologist must
9 be equivalent to the quality of services delivered in
10 person in a clinic or office setting.
11 (b) A speech-language pathologist licensed under this Act
12may conduct the practice of speech-language pathology remotely
13subject to the following conditions:
14 (1) the practice of speech-language pathology may be
15 conducted remotely using video conferencing;
16 (2) the use of telephone, email, instant messaging,
17 store and forward technology, or facsimile must be in
18 conjunction with or supplementary to the use of video
19 conferencing;
20 (3) a speech-language pathologist who practices
21 speech-language pathology remotely must follow all
22 applicable Health Insurance Portability and Accountability
23 Act privacy and security regulations;
24 (4) a speech-language pathologist who practices
25 speech-language pathology remotely is subject to the same
26 standard of care required of a speech-language pathologist

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1 who practices speech-language pathology in a clinic or
2 office setting; and
3 (5) services delivered remotely by a speech-language
4 pathologist must be equivalent to the quality of services
5 delivered in person in a clinic setting.
6 (c) An out-of-state person providing speech-language
7pathology or audiology services to a person residing in
8Illinois without a license issued pursuant to this Act submits
9himself or herself to the jurisdiction of the Department and
10the courts of this State.
11 (225 ILCS 110/8.3 new)
12 Sec. 8.3. Basic health screenings. A speech-language
13pathologist or an audiologist may perform basic health
14screenings and create the resulting plans of care if: (1) the
15elements of the plan of care are within the scope of practice
16of a speech-language pathologist or an audiologist and (2) the
17speech-language pathologist or audiologist is trained in the
18performance of basic health screenings as set forth by rule
19from one of the following: (A) as part of the curriculum of an
20approved program, (B) through worksite training, or (C) through
21continuing education. A plan of care that includes elements
22that are outside the scope of practice of a speech-language
23pathologist or an audiologist must be referred to appropriate
24medical personnel for further evaluation or management.

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1 (225 ILCS 110/8.5)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 8.5. Qualifications for licenses as a speech-language
4pathology assistant. A person is qualified to be licensed as a
5speech-language pathology assistant if that person has applied
6in writing or electronically on forms prescribed by the
7Department, has paid the required fees, and meets both of the
8following criteria:
9 (1) Is of good moral character. In determining moral
10 character, the Department may take into consideration any
11 felony conviction or plea of guilty or nolo contendere of
12 the applicant, but such a conviction or plea shall not
13 operate automatically as a complete bar to licensure.
14 (2) Has received either (i) an associate degree from a
15 speech-language pathology assistant program that has been
16 approved by the Department and that meets the minimum
17 requirements set forth in Section 8.6 or (ii) a bachelor's
18 degree and has completed course work from an accredited
19 college or university that meets the minimum requirements
20 set forth in Section 8.6.
21(Source: P.A. 94-869, eff. 6-16-06; 95-465, eff. 8-27-07.)
22 (225 ILCS 110/8.8)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 8.8. Supervision of speech-language pathology
25assistants.

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1 (a) A speech-language pathology assistant shall practice
2only under the supervision of a speech-language pathologist who
3has at least 2 years experience in addition to the supervised
4professional experience required under subsection (f) of
5Section 8 of this Act. A speech-language pathologist who
6supervises a speech-language pathology assistant (i) must have
7completed at least 6 10 clock hours of training in the
8supervision related to speech-language pathology, and (ii)
9must complete at least 2 clock hours of continuing education in
10supervision related to speech-language pathology in each new
11licensing cycle after completion of the initial training
12required under item (i) of speech-language pathology
13assistants. The Department shall promulgate rules describing
14the supervision training requirements. The rules may allow a
15speech-language pathologist to apply to the Board for an
16exemption from this training requirement based upon prior
17supervisory experience.
18 (b) A speech-language pathology assistant must be under the
19direct supervision of a speech-language pathologist at least
2030% of the speech-language pathology assistant's actual
21patient or client contact time per patient or client during the
22first 90 days of initial employment as a speech-language
23pathology assistant. Thereafter, a speech-language pathology
24assistant must be under the direct supervision of a
25speech-language pathologist at least 20% of the
26speech-language pathology assistant's actual patient or client

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1contact time per patient or client. Supervision of a
2speech-language pathology assistant beyond the minimum
3requirements of this subsection may be imposed at the
4discretion of the supervising speech-language pathologist. A
5supervising speech-language pathologist must be available to
6communicate with a speech-language pathology assistant
7whenever the assistant is in contact with a patient or client.
8 (c) A speech-language pathologist that supervises a
9speech-language pathology assistant must document direct
10supervision activities. At a minimum, supervision
11documentation must provide (i) information regarding the
12quality of the speech-language pathology assistant's
13performance of assigned duties, and (ii) verification that
14clinical activity is limited to duties specified in Section
158.7.
16 (d) A full-time speech-language pathologist may supervise
17no more than 2 speech-language pathology assistants. A
18speech-language pathologist that does not work full-time may
19supervise no more than one speech-language pathology
20assistant.
21 (e) For purposes of this Section, "direct supervision"
22means on-site, in-view observation and guidance by a
23speech-language pathologist while an assigned activity is
24performed by the speech-language pathology assistant.
25(Source: P.A. 92-510, eff. 6-1-02.)

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1 (225 ILCS 110/11) (from Ch. 111, par. 7911)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 11. Expiration, renewal and restoration of licenses.
4 (a) The expiration date and renewal period for each license
5issued under this Act shall be set by rule. A speech-language
6pathologist, speech-language pathology assistant, or
7audiologist may renew such license during the month preceding
8the expiration date thereof by paying the required fee.
9 (a-5) An audiologist renewing his or her license All
10renewal applicants shall provide proof as determined by the
11Department of having met the continuing education requirements
12set forth in the rules of the Department. At a minimum, the
13rules shall require a renewal applicant for licensure as an a
14speech-language pathologist or audiologist to provide proof of
15completing at least 20 clock hours of continuing education
16during the 2-year licensing cycle for which he or she is
17currently licensed, no more than 10 hours of which may be
18obtained through programs sponsored by hearing instrument or
19auditory prosthetic device manufacturers. An audiologist must
20provide proof that at least 2 clock hours of training in ethics
21or legal requirements pertaining to the practice of audiology
22was completed during the 2-year licensing cycle for which he or
23she is currently licensed. An audiologist who has met the
24continuing education requirements of the Hearing Instrument
25Consumer Protection Act during an equivalent licensing cycle
26under this Act shall be deemed to have met the continuing

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1education requirements of this Act. At a minimum, the rules
2shall require a renewal applicant for licensure as a
3speech-language pathology assistant to provide proof of
4completing at least 10 clock hours of continuing education
5during the 2-year period for which he or she currently holds a
6license.
7 (a-10) A speech-language pathologist or a speech-language
8pathology assistant renewing his or her license shall provide
9proof as determined by the Department of having met the
10continuing education requirements set forth in the rules of the
11Department. At a minimum, the rules shall require a renewal
12applicant for license as a speech-language pathologist to
13provide proof of completing at least 20 clock hours of
14continuing education during the 2-year licensing cycle for
15which he or she is currently licensed. A speech language
16pathologist must provide proof that at least one clock hour of
17ethics training was completed during the 2-year licensing cycle
18for which he or she is currently licensed. At a minimum, the
19rules shall require a renewal applicant for licensure as a
20speech-language pathology assistant to provide proof of
21completing at least 10 clock hours of continuing education
22during the 2-year period for which he or she currently holds a
23license.
24 (b) Inactive status.
25 (1) Any licensee who notifies the Department in writing
26 on forms prescribed by the Department may elect to place

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1 his or her license on an inactive status and shall, subject
2 to rules of the Department, be excused from payment of
3 renewal fees until he or she notifies the Department in
4 writing of his or her desire to resume active status.
5 (2) Any licensee requesting restoration from inactive
6 status shall be required to (i) pay the current renewal
7 fee; and (ii) demonstrate that he or she has completed a
8 minimum of 20 hours of continuing education and met any
9 additional continuing education requirements established
10 by the Department by rule.
11 (3) Any licensee whose license is in an inactive status
12 shall not practice in the State of Illinois without first
13 restoring his or her license.
14 (4) Any licensee who shall engage in the practice while
15 the license is lapsed or inactive shall be considered to be
16 practicing without a license which shall be grounds for
17 discipline under Section 16 of this Act.
18 (c) Any speech-language pathologist, speech-language
19pathology assistant, or audiologist whose license has expired
20may have his or her license restored at any time within 5 years
21after the expiration thereof, upon payment of the required fee.
22 (d) Any person whose license has been expired or inactive
23for 5 years or more may have his or her license restored by
24making application to the Department and filing proof
25acceptable to the Department of his or her fitness to have his
26or her license restored, including sworn evidence certifying to

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1active lawful practice in another jurisdiction, and by paying
2the required restoration fee. A person practicing on an expired
3license is deemed to be practicing without a license.
4 (e) If a person whose license has expired has not
5maintained active practice in another jurisdiction, the
6Department shall determine, by an evaluation process
7established by rule, his or her fitness to resume active status
8and may require the person to complete a period of evaluated
9clinical experience, and may require successful completion of
10an examination.
11 (f) Any person whose license has expired while he or she
12has been engaged (1) in federal or State service on active
13duty, or (2) in training or education under the supervision of
14the United States preliminary to induction into the military
15service, may have his or her license restored without paying
16any lapsed renewal or restoration fee, if within 2 years after
17termination of such service, training or education he or she
18furnishes the Department with satisfactory proof that he or she
19has been so engaged and that his or her service, training or
20education has been so terminated.
21(Source: P.A. 95-465, eff. 8-27-07.)
22 (225 ILCS 110/14) (from Ch. 111, par. 7914)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 14. Fees.
25 (a) The Department shall provide by rule for a schedule of

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1fees to be paid for licenses by all applicants. The Department
2shall consult with the Board and consider its recommendations
3when establishing the schedule of fees and any increase in fees
4to be paid by license applicants.
5 (b) Except as provided in subsection (c) below, the fees
6for the administration and enforcement of this Act, including
7but not limited to original licensure, renewal, and
8restoration, shall be set by rule and shall be nonrefundable.
9 (b-5) In addition to any fees set by the Department through
10administrative rule, the Department shall, at the time of
11licensure and renewal, collect from each licensed audiologist a
12Hearing Instrument Consumer Protection Fee of $45.
13 (c) (Blank). Applicants for examination shall be required
14to pay, either to the Department or the designated testing
15service, a fee covering the cost of initial screening to
16determine eligibility and to provide the examination. Failure
17to appear for the examination on the scheduled date at the time
18and place specified, after the application for examination has
19been received and acknowledged by the Department or the
20designated testing service, shall result in the forfeiture of
21the examination fee.
22(Source: P.A. 90-69, eff. 7-8-97; 91-932, eff. 1-1-01.)
23 (225 ILCS 110/16) (from Ch. 111, par. 7916)
24 (Section scheduled to be repealed on January 1, 2018)
25 Sec. 16. Refusal, revocation or suspension of licenses.

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1 (1) The Department may refuse to issue or renew, or may
2revoke, suspend, place on probation, censure, reprimand or take
3other disciplinary or non-disciplinary action as the
4Department may deem proper, including fines not to exceed
5$10,000 for each violation, with regard to any license for any
6one or combination of the following causes:
7 (a) Fraud in procuring the license.
8 (b) (Blank).
9 (c) Willful or repeated violations of the rules of the
10 Department of Public Health.
11 (d) Division of fees or agreeing to split or divide the
12 fees received for speech-language pathology or audiology
13 services with any person for referring an individual, or
14 assisting in the care or treatment of an individual,
15 without the knowledge of the individual or his or her legal
16 representative. Nothing in this paragraph (d) affects any
17 bona fide independent contractor or employment
18 arrangements among health care professionals, health
19 facilities, health care providers, or other entities,
20 except as otherwise prohibited by law. Any employment
21 arrangements may include provisions for compensation,
22 health insurance, pension, or other employment benefits
23 for the provision of services within the scope of the
24 licensee's practice under this Act. Nothing in this
25 paragraph (d) shall be construed to require an employment
26 arrangement to receive professional fees for services

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1 rendered.
2 (e) Employing, procuring, inducing, aiding or abetting
3 a person not licensed as a speech-language pathologist or
4 audiologist to engage in the unauthorized practice of
5 speech-language pathology or audiology.
6 (e-5) Employing, procuring, inducing, aiding, or
7 abetting a person not licensed as a speech-language
8 pathology assistant to perform the functions and duties of
9 a speech-language pathology assistant.
10 (f) Making any misrepresentations or false promises,
11 directly or indirectly, to influence, persuade or induce
12 patronage.
13 (g) Professional connection or association with, or
14 lending his or her name to another for the illegal practice
15 of speech-language pathology or audiology by another, or
16 professional connection or association with any person,
17 firm or corporation holding itself out in any manner
18 contrary to this Act.
19 (h) Obtaining or seeking to obtain checks, money, or
20 any other things of value by false or fraudulent
21 representations, including but not limited to, engaging in
22 such fraudulent practice to defraud the medical assistance
23 program of the Department of Healthcare and Family Services
24 (formerly Department of Public Aid).
25 (i) Practicing under a name other than his or her own.
26 (j) Improper, unprofessional or dishonorable conduct

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1 of a character likely to deceive, defraud or harm the
2 public.
3 (k) Conviction by plea of guilty or nolo contendere,
4 finding of guilt, jury verdict, or entry of judgment or
5 sentencing, including, but not limited to, convictions,
6 preceding sentences of supervision, conditional discharge,
7 or first offender probation, under the laws of any
8 jurisdiction of the United States that is (i) a felony or
9 (ii) a misdemeanor, an essential element of which is
10 dishonesty, or that is directly related to the practice of
11 the profession. Conviction of or entry of a plea of guilty
12 or nolo contendere to any crime that is a felony under the
13 laws of the United States or any state or territory
14 thereof, or that is a misdemeanor of which an essential
15 element is dishonesty, or that is directly related to the
16 practice of the profession.
17 (1) Permitting a person under his or her supervision to
18 perform any function not authorized by this Act.
19 (m) A violation of any provision of this Act or rules
20 promulgated thereunder.
21 (n) Discipline by another state, the District of
22 Columbia, territory, or foreign nation of a license to
23 practice speech-language pathology or audiology or a
24 license to practice as a speech-language pathology
25 assistant in its jurisdiction if at least one of the
26 grounds for that discipline is the same as or the

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1 equivalent of one of the grounds for discipline set forth
2 herein.
3 (o) Willfully failing to report an instance of
4 suspected child abuse or neglect as required by the Abused
5 and Neglected Child Reporting Act.
6 (p) Gross or repeated malpractice.
7 (q) Willfully making or filing false records or reports
8 in his or her practice as a speech-language pathologist,
9 speech-language pathology assistant, or audiologist,
10 including, but not limited to, false records to support
11 claims against the public assistance program of the
12 Department of Healthcare and Family Services (formerly
13 Illinois Department of Public Aid).
14 (r) Professional incompetence as manifested by poor
15 standards of care or mental incompetence as declared by a
16 court of competent jurisdiction.
17 (s) Repeated irregularities in billing a third party
18 for services rendered to an individual. For purposes of
19 this Section, "irregularities in billing" shall include:
20 (i) reporting excessive charges for the purpose of
21 obtaining a total payment in excess of that usually
22 received by the speech-language pathologist,
23 speech-language pathology assistant, or audiologist
24 for the services rendered;
25 (ii) reporting charges for services not rendered;
26 or

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1 (iii) incorrectly reporting services rendered for
2 the purpose of obtaining payment not earned.
3 (t) (Blank).
4 (u) Violation of the Health Care Worker Self-Referral
5 Act.
6 (v) Inability to practice with reasonable judgment,
7 skill, or safety as a result of habitual or excessive use
8 of or addiction to alcohol, narcotics, or stimulants or any
9 other chemical agent or drug or as a result of physical
10 illness, including, but not limited to, deterioration
11 through the aging process or loss of motor skill, mental
12 illness, or disability.
13 (w) Violation of the Hearing Instrument Consumer
14 Protection Act.
15 (x) Failure by a speech-language pathology assistant
16 and supervising speech-language pathologist to comply with
17 the supervision requirements set forth in Section 8.8.
18 (y) Willfully Wilfully exceeding the scope of duties
19 customarily undertaken by speech-language pathology
20 assistants set forth in Section 8.7 that results in, or may
21 result in, harm to the public.
22 (z) Willfully failing to report an instance of
23 suspected abuse, neglect, financial exploitation, or
24 self-neglect of an eligible adult as defined in and
25 required by the Adult Protective Services Act.
26 (aa) Being named as a perpetrator in an indicated

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1 report by the Department on Aging under the Adult
2 Protective Services Act, and upon proof by clear and
3 convincing evidence that the licensee has caused an
4 eligible adult to be abused, neglected, or financially
5 exploited as defined in the Adult Protective Services Act.
6 (bb) Willfully violating Section 8.2 of this Act.
7 (2) The Department shall deny a license or renewal
8authorized by this Act to any person who has defaulted on an
9educational loan guaranteed by the Illinois State Scholarship
10Commission; however, the Department may issue a license or
11renewal if the aforementioned persons have established a
12satisfactory repayment record as determined by the Illinois
13State Scholarship Commission.
14 (3) The entry of an order by a circuit court establishing
15that any person holding a license under this Act is subject to
16involuntary admission or judicial admission as provided for in
17the Mental Health and Developmental Disabilities Code,
18operates as an automatic suspension of that license. That
19person may have his or her license restored only upon the
20determination by a circuit court that the patient is no longer
21subject to involuntary admission or judicial admission and the
22issuance of an order so finding and discharging the patient,
23and upon the Board's recommendation to the Department that the
24license be restored. Where the circumstances so indicate, the
25Board may recommend to the Department that it require an
26examination prior to restoring any license automatically

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1suspended under this subsection.
2 (4) The Department may refuse to issue or may suspend the
3license of any person who fails to file a return, or to pay the
4tax, penalty, or interest shown in a filed return, or to pay
5any final assessment of the tax penalty or interest, as
6required by any tax Act administered by the Department of
7Revenue, until such time as the requirements of any such tax
8Act are satisfied.
9 (5) In enforcing this Section, the Board upon a showing of
10a possible violation may compel an individual licensed to
11practice under this Act, or who has applied for licensure
12pursuant to this Act, to submit to a mental or physical
13examination, or both, as required by and at the expense of the
14Department. The examining physicians or clinical psychologists
15shall be those specifically designated by the Board. The
16individual to be examined may have, at his or her own expense,
17another physician or clinical psychologist of his or her choice
18present during all aspects of this examination. Failure of any
19individual to submit to a mental or physical examination, when
20directed, shall be grounds for suspension of his or her license
21until the individual submits to the examination if the Board
22finds, after notice and hearing, that the refusal to submit to
23the examination was without reasonable cause.
24 If the Board finds an individual unable to practice because
25of the reasons set forth in this Section, the Board may require
26that individual to submit to care, counseling, or treatment by

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1physicians or clinical psychologists approved or designated by
2the Board, as a condition, term, or restriction for continued,
3restored reinstated, or renewed licensure to practice; or, in
4lieu of care, counseling, or treatment, the Board may recommend
5to the Department to file a complaint to immediately suspend,
6revoke, or otherwise discipline the license of the individual.
7Any individual whose license was granted, continued, restored
8reinstated, renewed, disciplined or supervised subject to such
9terms, conditions, or restrictions, and who fails to comply
10with such terms, conditions, or restrictions, shall be referred
11to the Secretary for a determination as to whether the
12individual shall have his or her license suspended immediately,
13pending a hearing by the Board.
14 In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that person's
16license must be convened by the Board within 15 days after the
17suspension and completed without appreciable delay. The Board
18shall have the authority to review the subject individual's
19record of treatment and counseling regarding the impairment to
20the extent permitted by applicable federal statutes and
21regulations safeguarding the confidentiality of medical
22records.
23 An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Board that he or she can resume practice in compliance with
26acceptable and prevailing standards under the provisions of his

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1or her license.
2(Source: P.A. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07;
396-1482, eff. 11-29-10.)
4 (225 ILCS 110/17) (from Ch. 111, par. 7917)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 17. Investigations; notice; hearings. Licenses may be
7refused, revoked, or suspended in the manner provided by this
8Act and not otherwise. The Department may upon its own motion
9and shall upon the verified complaint in writing of any person
10setting forth facts that if proven would constitute grounds for
11refusal to issue, suspend, or revoke under this Act,
12investigate the actions of any person applying for, holding, or
13claiming to hold a license.
14 The Department shall, before refusing to issue or renew or
15suspending or revoking any license or taking other disciplinary
16action pursuant to Section 16 of this Act, and at least 30 days
17prior to the date set for the hearing, notify, in writing, the
18applicant for or the holder of such license of any charges
19made, afford the accused person an opportunity to be heard in
20person or by counsel in reference thereto, and direct the
21applicant or licensee to file a written answer to the Board
22under oath within 20 days after the service of the notice and
23inform the applicant or licensee that failure to file an answer
24will result in default being taken against the applicant or
25licensee and that the license or certificate may be suspended,

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1revoked, placed on probationary status, or other disciplinary
2action may be taken, including limiting the scope, nature, or
3extent of practice, as the Secretary may deem proper. Written
4or electronic notice may be served by personal delivery, of the
5same personally to the accused person or by mailing the same by
6certified mail, or email to the applicant or licensee at his or
7her address of record or email address of record his or her
8last known place of residence or to the place of business last
9specified by the accused person in his or her last notification
10to the Department. In case the person fails to file an answer
11after receiving notice, his or her license or certificate may,
12in the discretion of the Department, be suspended, revoked, or
13placed on probationary status or the Department may take
14whatever disciplinary action deemed proper, including limiting
15the scope, nature, or extent of the person's practice or the
16imposition of a fine, without a hearing, if the act or acts
17charged constitute sufficient grounds for such action under
18this Act.
19 At the time and place fixed in the notice, the Board shall
20proceed to hearing of the charges and both the accused person
21and the Department complainant shall be accorded ample
22opportunity to present, in person or by counsel, any
23statements, testimony, evidence, and arguments as may be
24pertinent to the charges or to their defense. The Board may
25continue such hearing from time to time. If the Board is not
26sitting at the time and place fixed in the notice or at the

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1time and place to which the hearing shall have been continued,
2the Department shall continue such hearing for a period not to
3exceed 30 days.
4(Source: P.A. 95-465, eff. 8-27-07.)
5 (225 ILCS 110/22) (from Ch. 111, par. 7922)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 22. Appointment of a hearing officer. The Secretary
8has shall have the authority to appoint any attorney duly
9licensed to practice law in the State of Illinois to serve as
10the hearing officer for any action for refusal to issue,
11restore, or renew a license or discipline of a license. The
12hearing officer shall have full authority to conduct the
13hearing. Board members may attend hearings. The hearing officer
14shall report his or her findings and recommendations to the
15Board and the Secretary. The Board shall review the report of
16the hearing officer and present its findings of fact,
17conclusions of law and recommendations to the Secretary and to
18all parties to the proceedings. If the Secretary disagrees in
19any regard with the Board's report, he or she may issue an
20order in contravention of the Board's report.
21(Source: P.A. 95-465, eff. 8-27-07.)
22 (225 ILCS 110/23) (from Ch. 111, par. 7923)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 23. Restoration. At any time after suspension,

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1revocation, placement on probationary status, or the taking of
2any other disciplinary action with regard to any license, the
3Department may restore the license, or take any other action to
4restore reinstate the license to good standing upon the written
5recommendation of the Board, unless after an investigation and
6a hearing, the Board determines that restoration is not in the
7public interest. No person whose license has been revoked as
8authorized in this Act may apply for restoration of that
9license until such time as provided for in the Civil
10Administrative Code of Illinois.
11 A license that has been suspended or revoked shall be
12considered nonrenewed for purposes of restoration and a person
13restoring his or her license from suspension or revocation must
14comply with the requirements for restoration of a nonrenewed
15license as set forth in Section 11 of this Act and any related
16rules adopted.
17(Source: P.A. 95-465, eff. 8-27-07.)
18 (225 ILCS 110/24.1)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 24.1. Certifications of record; costs. The Department
21shall not be required to certify any record to the court, to
22file an answer in court, or to otherwise appear in any court in
23a judicial review proceeding unless and until the Department
24has received from the plaintiff there is filed in the court,
25with the complaint, a receipt from the Department acknowledging

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1payment of the costs of furnishing and certifying the record,
2which costs shall be determined by the Department. Exhibits
3shall be certified without cost. Failure on the part of the
4plaintiff to file the receipt in court is grounds for dismissal
5of the action.
6(Source: P.A. 95-465, eff. 8-27-07.)
7 (225 ILCS 110/31a)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 31a. Advertising services.
10 (a) A speech-language pathologist or audiologist shall
11include in every advertisement for services regulated under
12this Act his or her title as it appears on the license or the
13initials authorized under this Act.
14 (b) The terms, "audiologist", "clinical audiologist",
15"licensed audiologist", "speech-language pathology",
16"speech-language pathologist", "clinical speech-language
17pathologist", "licensed speech-language pathologist", or any
18other similar term, title, abbreviation, or symbol may not be
19used by any person in any communication that advertises
20services regulated under this Act unless he or she is licensed
21under this Act as a speech-language pathologist or an
22audiologist. A person who is not a licensed audiologist under
23this Act may use the term "audiology" in a communication that
24advertises services regulated under this Act only if that
25person employs or otherwise retains the services of an

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1audiologist who is licensed under this Act. An audiologist may
2use the term "doctor" if it also stated that he or she is a
3"doctor of audiology". This subsection does not apply to a
4person who is exempt from licensure under this Act because he
5or she holds a professional educator license issued pursuant to
6the School Code with a special education endorsement as a
7teaching speech-language pathologist or with a school support
8personnel endorsement as a non-teaching speech-language
9pathologist issued prior to January 1, 2004.
10(Source: P.A. 91-310, eff. 1-1-00; 92-510, eff. 6-1-02.)
11 (225 ILCS 110/34) (from Ch. 111, par. 7934)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 34. Illinois Administrative Procedure Act. The
14Illinois Administrative Procedure Act is hereby expressly
15adopted and incorporated herein as if all of the provisions of
16that Act were included in this Act, except that the provision
17of subsection (d) of Section 10-65 of the Illinois
18Administrative Procedure Act that provides that at hearings the
19speech-language pathologist or audiologist has the right to
20show compliance with all lawful requirements for retention,
21continuation or renewal of the license is specifically
22excluded. For the purposes of this Act, the notice required
23under Section 10-25 of the Illinois Administrative Procedure
24Act is deemed sufficient when mailed or emailed to the
25applicant or licensee at his or her last known address of

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1record or email address of record a party.
2(Source: P.A. 88-45.)
3 (225 ILCS 110/34.1 new)
4 Sec. 34.1. Confidentiality. All information collected by
5the Department in the course of an examination or investigation
6of a licensee or applicant, including, but not limited to, any
7complaint against a licensee filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department may not disclose the
11information to anyone other than law enforcement officials,
12other regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or a party presenting
14a lawful subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law enforcement
16agency shall not be disclosed by the agency for any purpose to
17any other agency or person. A formal complaint filed against a
18licensee by the Department or any order issued by the
19Department against a licensee or applicant shall be a public
20record, except as otherwise prohibited by law.
21 (225 ILCS 110/10 rep.)
22 Section 15. The Illinois Speech-Language Pathology and
23Audiology Practice Act is amended by repealing Section 10.
24 Section 99. Effective date. This Act takes effect upon

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1becoming law, except that Sections 10 and 15 take effect on
2January 1, 2018.
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