State of Illinois
90th General Assembly
Legislation

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[ House Amendment 003 ]

90_HB0860

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          Amends  the  Illinois   Speech-Language   Pathology   and
      Audiology  Practice  Act to extend the sunset date of the Act
      to January 1, 2008. Deletes specified fees and provides  that
      the  Department  of Professional Regulation shall set by rule
      fees  imposed  under   the   Act.   Allows   the   Board   of
      Speech-Language   Pathology   and   Audiology  to  compel  an
      applicant or licensee to  submit  to  a  mental  or  physical
      examination  on a showing of a possible violation of the Act.
      Provides that the Director of the Department may  petition  a
      court  for  an  order  to  enforce  the  Act. Makes technical
      changes.  Reorganizes  certain  provisions  within  the  Act.
      Deletes obsolete language. Effective July 1, 1997.
                                                     LRB9002895DPcc
                                               LRB9002895DPcc
 1        AN ACT extending the Board of  Speech-Language  Pathology
 2    and  Audiology,  concerning  the  practice of speech-language
 3    pathology and audiology, and amending a named Act.
 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:
 6        Section 5. The Regulatory Agency Sunset Act is amended by
 7    changing Section 4.9 and adding Section 4.18 as follows:
 8        (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
 9        (Text of Section before amendment by P.A. 89-702)
10        Sec.  4.9.  The  following Acts are repealed December 31,
11    1997:
12        The Medical Practice Act of 1987.
13        The Pharmacy Practice Act of 1987.
14        The Illinois Optometric Practice Act of 1987.
15        The Podiatric Medical Practice Act of 1987.
16        The   Nursing   Home   Administrators    Licensing    and
17    Disciplinary Act.
18        The Physician Assistant Practice Act of 1987.
19        The Illinois Nursing Act of 1987.
20        The Clinical Social Work and Social Work Practice Act.
21        The Clinical Psychologist Licensing Act.
22        The  Illinois  Speech-Language  Pathology  and  Audiology
23    Practice Act.
24        The Marriage and Family Therapy Licensing Act.
25    (Source: P.A. 87-1237.)
26        (Text of Section after amendment by P.A. 89-702)
27        Sec.  4.9.  The  following Acts are repealed December 31,
28    1997:
29        The Pharmacy Practice Act of 1987.
30        The Podiatric Medical Practice Act of 1987.
31        The   Nursing   Home   Administrators    Licensing    and
                            -2-                LRB9002895DPcc
 1    Disciplinary Act.
 2        The Physician Assistant Practice Act of 1987.
 3        The Illinois Nursing Act of 1987.
 4        The Clinical Social Work and Social Work Practice Act.
 5        The  Illinois  Speech-Language  Pathology  and  Audiology
 6    Practice Act.
 7        The Marriage and Family Therapy Licensing Act.
 8    (Source: P.A. 89-702, eff. 7-1-97.)
 9        (5 ILCS 80/4.18 new)
10        Sec.  4.18.  Act  repealed January 1, 2008. The following
11    Act is repealed January 1, 2008:
12        The  Illinois  Speech-Language  Pathology  and  Audiology
13    Practice Act.
14        Section 10. The Illinois  Speech-Language  Pathology  and
15    Audiology  Practice Act is amended by changing Sections 3, 5,
16    7, 8, 11, 13, 14, 16, 17, 18, 21, 22, 28, 30, and 33  and  by
17    adding Sections 3.5, 9.5, 16.5, 28.5, and 29.5 as follows:
18        (225 ILCS 110/3) (from Ch. 111, par. 7903)
19        Sec.  3.   Definitions.   The following words and phrases
20    shall have the meaning  ascribed  to  them  in  this  Section
21    unless the context clearly indicates otherwise:
22             (a)  "Department"  means  the Illinois Department of
23        Professional Regulation.
24             (b)  "Director" means the Director  of  Professional
25        Regulation.
26             (c)  "Board"  means  the  Board  of  Speech-Language
27        Pathology  and  Audiology  established under Section 5 of
28        this Act.
29             (d)  "Speech-Language Pathologist"  means  a  person
30        who  has received a license pursuant to Section 9 of this
31        Act and who engages in the  practice  of  speech-language
                            -3-                LRB9002895DPcc
 1        pathology, as defined herein.
 2             (e)  "Audiologist" means a person who has received a
 3        license pursuant to Section 9 of this Act and who engages
 4        in the practice of audiology, as defined herein.
 5             (f)  "Public  member"  means  a  person who is not a
 6        health professional.  For purposes of  board  membership,
 7        any  person  with  a  significant financial interest in a
 8        health service or profession is not a public member.
 9             (g)  "The practice of audiology" is the  application
10        of    nonmedical   methods   and   procedures   for   the
11        identification,    measurement,    testing,    appraisal,
12        prediction, habilitation, rehabilitation, or  instruction
13        related  to  hearing  and  disorders  of  hearing.  These
14        procedures are for the purpose of counseling,  consulting
15        and  rendering  or  offering  to  render  services or for
16        participating in the planning, directing or conducting of
17        programs that which are designed to modify  communicative
18        disorders involving speech, language or auditory function
19        related  to  hearing  loss. The practice of audiology may
20        include, but shall not be limited to, the following:
21                  (1)  any task, procedure, act, or practice that
22             is  necessary  for  the  evaluation  of  hearing  or
23             vestibular function;
24                  (2)  training  in  the  use  of  amplification,
25             including hearing aids;
26                  (3)  performing  basic  speech   and   language
27             screening   tests  and  procedures  consistent  with
28             audiology training.
29             (h)  "The practice of speech-language pathology"  is
30        the  application of nonmedical methods and procedures for
31        the  identification,  measurement,  testing,   appraisal,
32        prediction,     habilitation,     rehabilitation,     and
33        modification  related  to  communication development, and
34        disorders or disabilities  of  speech,  language,  voice,
                            -4-                LRB9002895DPcc
 1        swallowing,  and other speech, language and voice related
 2        disorders.  These  procedures  are  for  the  purpose  of
 3        counseling,  consulting  and  rendering  or  offering  to
 4        render  services,  or  for participating in the planning,
 5        directing  or  conducting  of  programs  that  which  are
 6        designed to modify communicative disorders and conditions
 7        in individuals or groups of individuals involving speech,
 8        language, voice and swallowing function.
 9             The  practice  of  speech-language  pathology  shall
10        include, but shall not be limited to, the following:
11                  (1)  hearing   screening   tests   and    aural
12             rehabilitation     procedures     consistent    with
13             speech-language pathology training;
14                  (2)  tasks, procedures, acts or practices  that
15             are necessary for the evaluation of, and training in
16             the  use  of,  augmentative  communication  systems,
17             communication  variation,  cognitive rehabilitation,
18             non-spoken language production and comprehension.
19    (Source: P.A. 85-1391.)
20        (225 ILCS 110/3.5)
21        Sec. 3.5. Exemptions. This Act does not prohibit:
22             (a)  The practice of  speech-language  pathology  or
23        audiology  by  students  in  their  course  of  study  in
24        programs approved by the Department when acting under the
25        direction  and  supervision  of  licensed speech-language
26        pathologists or audiologists.
27             (b)  The   performance   of   any    speech-language
28        pathology   or  audiology  service  by  an  appropriately
29        trained person if such service  is  performed  under  the
30        supervision   and   full  responsibility  of  a  licensed
31        speech-language pathologist or audiologist.
32             (b-5)  The performance of an audiology service by an
33        appropriately trained person if that service is performed
                            -5-                LRB9002895DPcc
 1        under  the  supervision  and  full  responsibility  of  a
 2        licensed audiologist.
 3             (c)  The performance of audiometric testing for  the
 4        purpose   of   industrial   hearing  conservation  by  an
 5        audiometric  technician  certified  by  the  Council   of
 6        Accreditation   for   Occupational  Hearing  Conservation
 7        (CAOHC).
 8             (d)  The performance of an audiometric screening  by
 9        an  audiometric  screenings  technician  certified by the
10        Department of Public Health.
11             (e)  The selling or practice of fitting, dispensing,
12        or servicing hearing instruments by a hearing  instrument
13        aid  dispenser  licensed  under  the  Hearing  Instrument
14        Consumer Protection Act.
15             (f)  A person licensed in this State under any other
16        Act  from engaging in the practice for which he or she is
17        licensed.
18             (g)  The performance of vestibular function  testing
19        by  an appropriately trained person under the supervision
20        of a physician licensed to practice medicine in  all  its
21        branches.
22        (225 ILCS 110/5) (from Ch. 111, par. 7905)
23        Sec.   5.    Board   of   Speech-Language  Pathology  and
24    Audiology.  There  is  created  a  Board  of  Speech-Language
25    Pathology and Audiology to be composed of persons  designated
26    from time to time by the Director, as follows:
27             (a)  Five  persons,  2  of  whom  have been licensed
28        speech-language pathologists for a period of 5  years  or
29        more,  2  of  whom  have been licensed audiologists for a
30        period of 5 years or more, and one  public  member.   The
31        board  shall  annually elect a chairperson chairman and a
32        vice-chairperson.
33             (b)  Terms for all members shall be for 3 years. For
                            -6-                LRB9002895DPcc
 1        initial appointments, one member shall  be  appointed  to
 2        serve  for  one year, 2 shall be appointed to serve for 2
 3        years, and the remaining shall be appointed to serve  for
 4        3  years  and  until  their  successors are appointed and
 5        qualify.  Initial terms shall begin on the effective date
 6        of this Act. Partial terms over 2 years in  length  shall
 7        be considered as full terms.  A member may be reappointed
 8        for  a  successive  term,  but no member shall serve more
 9        than 2 full terms.
10             (c)  The membership of the Board  should  reasonably
11        reflect  representation from the various geographic areas
12        of the State.
13             (d)  In  making  appointments  to  the  Board,   the
14        Director  shall give due consideration to recommendations
15        by organizations of  the  speech-language  pathology  and
16        audiology professions in Illinois, including the Illinois
17        Speech-Language-Hearing  Association,  and shall promptly
18        give due notice to such organizations of any  vacancy  in
19        the  membership of the Board.  The Director may terminate
20        the appointment of any member for any cause, which in the
21        opinion  of  the  Director,  reasonably  justifies   such
22        termination.
23             (e)  A  majority  of  the  Board  members  currently
24        appointed  shall  constitute  a  quorum. A vacancy in the
25        membership of the Board shall not impair the right  of  a
26        quorum  to  exercise  all  the rights and perform all the
27        duties of the Board.
28             (f)  The members of the Board shall each receive  as
29        compensation  a  reasonable  sum  as  determined  by  the
30        Director  for  each day actually engaged in the duties of
31        the office, and all  legitimate  and  necessary  expenses
32        incurred in attending the meetings of the Board.
33             (g)  Members  of the Board shall be immune from suit
34        in any action based upon any disciplinary proceedings  or
                            -7-                LRB9002895DPcc
 1        other  activities  performed  in good faith as members of
 2        the Board.
 3             (h)  The Director may consider  the  recommendations
 4        of  the Board in establishing guidelines for professional
 5        conduct, the conduct of formal disciplinary   proceedings
 6        brought under this Act, and qualifications of applicants.
 7        Notice of proposed rulemaking shall be transmitted to the
 8        Board and the Department shall review the response of the
 9        Board  and  any recommendations made in the response. The
10        Department, at any time, may seek the expert  advice  and
11        knowledge  of  the  Board  on  any matter relating to the
12        administration or enforcement of this Act.
13             (i)  Whenever  the  Director   is   satisfied   that
14        substantial  justice  has  not  been  done  either  in an
15        examination or in the revocation, suspension, or  refusal
16        of  a license, or other disciplinary action relating to a
17        license,  the  Director  may  order  a  reexamination  or
18        rehearing.
19    (Source: P.A. 85-1391.)
20        (225 ILCS 110/7) (from Ch. 111, par. 7907)
21        Sec. 7. Licensure requirement. Necessity for Licensure of
22    Speech-Language    Pathologists    and    Audiologists    and
23    Applications for Licenses. (a) On or after June 1,  1989,  no
24    person  shall practice speech-language pathology or audiology
25    without first applying for and obtaining a license  for  such
26    purpose from the Department.
27        (b)  Applications  must  be  accompanied  by the required
28    fee.
29        (c)  If an applicant neglects, fails, refuses to take  or
30    fails  to  pass  an  examination for licensure under this Act
31    within 3 years after filing his application, the fee paid  by
32    the  applicant shall be forfeited and the application denied.
33    However, such applicant may thereafter make a new application
                            -8-                LRB9002895DPcc
 1    for examination, accompanied by the required fee and  provide
 2    evidence  of meeting the requirements in force at the time of
 3    the new application.  In the event an  applicant  has  passed
 4    part of an examination administered during the 3 year period,
 5    but  has failed to pass the examination in its entirety, said
 6    individual's partial scores shall be void, and  he  shall  be
 7    required  to  retake all portions of the examination within a
 8    successive 3 year period.
 9        (d)  In lieu of the examination given to other applicants
10    for licensure,  the  Director  may  issue  a  license  to  an
11    individual  who  presents  proof  to the Director that he was
12    actively  engaged   in   the   practice   of   audiology   or
13    speech-language  pathology,  or  both, prior to June 1, 1989,
14    and who has practiced such profession in this State for 2  of
15    the  last 4 years immediately preceding the enactment of this
16    Act.  The Director may issue a license under this  subsection
17    (d)   to   an  individual  who  has  actively  practiced  the
18    profession for at least 4 years, but who does  not  meet  the
19    requirement  of  practicing  2  of  the  last  4  years.   In
20    addition,  such  individual  shall  demonstrate  evidence  of
21    receiving  one of the following: (1) a master's degree or its
22    equivalent in speech-language  pathology  or  audiology,  and
23    meeting   the   certification   standards   of  the  American
24    Speech-Language-Hearing Association (ASHA), or  (2)  a  valid
25    Type  10-Speech  and  Language  Impaired  Certificate  or its
26    equivalent from the Illinois State Board of  Education.   The
27    application  for  a license without examination shall be made
28    to the Director within one year of the enactment date of this
29    Act.  Prior to the licensure  of  an  individual  under  this
30    Section,   the   Director  may  require  that  the  applicant
31    demonstrate satisfactory knowledge  of  current  developments
32    and procedures in his area of specialization.
33    (Source: P.A. 85-1391.)
                            -9-                LRB9002895DPcc
 1        (225 ILCS 110/8) (from Ch. 111, par. 7908)
 2        Sec. 8.  Qualifications of Applicants for Speech-Language
 3    Pathology   and  Audiology  licenses.  The  Department  shall
 4    require that each applicant for a license to practice shall:
 5             (a)  (Blank);
 6             (b)  Be at least 21 years of age;
 7             (c)  Not have violated any provisions of Section  16
 8        of this Act;
 9             (d)  Present  satisfactory  evidence  of receiving a
10        master's degree in speech-language pathology or audiology
11        from a program approved by the  Department.   Nothing  in
12        this  Act  shall be construed to prevent any program from
13        establishing higher standards than specified in this Act;
14             (e)  Pass   an   examination   authorized   by   the
15        Department in the theory and practice of the  profession,
16        provided  that the Department may recognize a certificate
17        granted   by   the    American    Speech-Language-Hearing
18        Association in lieu of such examination; and
19             (f)  Have  completed  the  equivalent of 9 months of
20        full-time, supervised professional experience.
21        Applicants have 3 years from the date of  application  to
22    complete the application process. If the process has not been
23    completed  within  3  years, the application shall be denied,
24    the fee shall be forfeited, and the  applicant  must  reapply
25    and   meet   the  requirements  in  effect  at  the  time  of
26    reapplication.
27    (Source: P.A. 89-387, eff. 8-20-95.)
28        (225 ILCS 110/9.5 new)
29        Sec. 9.5. Practice by corporations. No license  shall  be
30    issued  by  the  Department  to  any  corporation, the stated
31    purpose of which includes or that practices or  holds  itself
32    out  as  available  to  practice speech-language pathology or
33    audiology, unless it is organized under the provisions of the
                            -10-               LRB9002895DPcc
 1    Professional Service Corporation Act.
 2        (225 ILCS 110/11) (from Ch. 111, par. 7911)
 3        Sec.  11.   Expiration,  renewal   and   restoration   of
 4    licenses.
 5        (a)  The  expiration  date  and  renewal  period for each
 6    license issued under this  Act  shall  be  set  by  rule.   A
 7    speech-language  pathologist  or  audiologist  may renew such
 8    license  during  the  month  preceding  the  expiration  date
 9    thereof by paying the required fee.
10        (a-5)  All renewal  applicants  shall  provide  proof  of
11    having met the continuing education requirements set forth in
12    the  rules  of the Department.  At a minimum, the rules shall
13    require a renewal applicant to provide proof of completing at
14    least 20 hours of  continuing  education  during  the  2-year
15    licensing cycle for which he or she is currently licensed. An
16    audiogist  who  has met the continuing education requirements
17    of the Hearing Instrument Consumer Protection Act  during  an
18    equivalent  licensing cycle under this Act shall be deemed to
19    have met the continuing education requirements of  this  Act.
20    The  Department  shall provide by rule for an orderly process
21    for the reinstatement of licenses that have not been  renewed
22    for  failure  to  meet the continuing education requirements.
23    The continuing education requirements may be waived in  cases
24    of extreme hardship as defined by rule of the Department.
25        The  Department  shall  establish by rule a means for the
26    verification  of  completion  of  the  continuing   education
27    required   by   this   Section.   This  verification  may  be
28    accomplished  through  audits  of   records   maintained   by
29    licensees,  by  requiring  the filing of continuing education
30    certificates  with  the  Department,  or   by   other   means
31    established by the Department.
32        (b)  Inactive status.
33             (1)  Any  licensee  who  notifies  the Department in
                            -11-               LRB9002895DPcc
 1        writing on forms prescribed by the Department, may  elect
 2        to  place  his  or  her license on an inactive status and
 3        shall, subject to rules of  the  Department,  be  excused
 4        from payment of renewal fees until he or she notifies the
 5        Department  in  writing  of  his  or her desire to resume
 6        active status.;
 7             (2)  Any  licensee   requesting   restoration   from
 8        inactive  status shall be required to (i) pay the current
 9        renewal fee; and (ii) demonstrate  that  he  or  she  has
10        obtained   the  equivalent  of  20  hours  of  continuing
11        education if the licensee has been inactive for  5  years
12        or more. and shall be required to restore his license;
13             (3)  Any  licensee  whose  license is in an inactive
14        status shall  not  practice  in  the  State  of  Illinois
15        without first restoring his or her license.; and
16             (4)  Any  licensee  who shall engage in the practice
17        while  the  license  is  lapsed  or  inactive  shall   be
18        considered to be practicing without a license which shall
19        be grounds for discipline under Section 16 of this Act.
20        (c)  Any speech-language pathologist or audiologist whose
21    license  has  expired may have his or her license restored at
22    any time within 5 years after the  expiration  thereof,  upon
23    payment of the required fee.
24        (d)  Any  person  whose license has been expired for more
25    than 5 years or more may have his or her license restored  by
26    making   application  to  the  Department  and  filing  proof
27    acceptable to the Department of his or her  fitness  to  have
28    his   or  her  license  restored,  including  sworn  evidence
29    certifying to active lawful practice in another jurisdiction,
30    and  by  paying  the  required  restoration  fee.   A  person
31    practicing on an expired license is deemed to  be  practicing
32    without a license.
33        (e)  If  a  person  whose  license  has  expired  has not
34    maintained  active  practice  in  another  jurisdiction,  the
                            -12-               LRB9002895DPcc
 1    Department  shall  determine,  by   an   evaluation   process
 2    established  by  rule,  his  or  her fitness to resume active
 3    status and may require the person to  complete  a  period  of
 4    evaluated  clinical  experience,  and  may require successful
 5    completion of an examination.
 6        (f)  Any person whose license has expired while he or she
 7    has been engaged (1) in federal or State  service  on  active
 8    duty,  or  (2) in training or education under the supervision
 9    of the  United  States  preliminary  to  induction  into  the
10    military  service,  may  have  his  or  her  license restored
11    without paying any lapsed  renewal  or  restoration  fee,  if
12    within 2 years after termination of such service, training or
13    education   he   or   she   furnishes   the  Department  with
14    satisfactory proof that he or she has  been  so  engaged  and
15    that  his  or  her service, training or education has been so
16    terminated.
17    (Source: P.A. 85-1391.)
18        (225 ILCS 110/13) (from Ch. 111, par. 7913)
19        Sec. 13. Licensing applicants from other States.
20        Upon payment of the required fee, an applicant who  is  a
21    speech-language pathologist or audiologist licensed under the
22    laws  of  another  state  or  territory of the United States,
23    shall,  without  examination  be  granted  a  license  as   a
24    speech-language pathologist or audiologist by the Department:
25        (a)  whenever the requirements of such state or territory
26    of   the   United  States  were  at  the  date  of  licensure
27    substantially equal to the requirements then in force in this
28    State; or
29        (b)  whenever  such  requirements  of  another  state  or
30    territory of the United States together with educational  and
31    professional  qualifications, as distinguished from practical
32    experience, of the applicant since  obtaining  a  license  as
33    speech-language  pathologist  or audiologist in such state or
                            -13-               LRB9002895DPcc
 1    territory of the United States are substantially equal to the
 2    requirements in force in Illinois at the time of  application
 3    for   licensure   as   a   speech-language   pathologist   or
 4    audiologist.
 5        Applicants  have  3 years from the date of application to
 6    complete the application process. If the process has not been
 7    completed within 3 years, the application  shall  be  denied,
 8    the  fee  shall  be forfeited, and the applicant must reapply
 9    and  meet  the  requirements  in  effect  at  the   time   of
10    reapplication.
11    (Source: P.A. 85-1391.)
12        (225 ILCS 110/14) (from Ch. 111, par. 7914)
13        Sec. 14.  Fees.
14        (a)  The  Department shall provide by rule for a schedule
15    of fees to be paid  for  licenses  by  all  applicants.   The
16    Department  shall  consult  with  the  Board and consider its
17    recommendations when establishing the schedule  of  fees  and
18    any increase in fees to be paid by license applicants.
19        (b)  Except as provided in subsection (c) below, the fees
20    for the administration and enforcement of this Act, including
21    but   not   limited   to  original  licensure,  renewal,  and
22    restoration, shall be set by rule and shall be nonrefundable.
23        (c)  Applicants for examination shall be required to pay,
24    either to the Department or the designated testing service, a
25    fee covering the  cost  of  initial  screening  to  determine
26    eligibility and to provide the examination. Failure to appear
27    for  the  examination  on  the scheduled date at the time and
28    place specified, after the application  for  examination  has
29    been  received  and  acknowledged  by  the  Department or the
30    designated testing service, shall result in the forfeiture of
31    the examination fee.
32    (a) The following fees are non-refundable:
33        1.   Application  for   initial   license   pursuant   to
                            -14-               LRB9002895DPcc
 1    examination: $90.
 2        2.   Application for licensure for a person licensed as a
 3    speech-language pathologist or audiologist under the laws  of
 4    another State or territory of the United States: $100.
 5        3.  Application for renewal of a license: $50 per year.
 6        4.   (i)  Application for restoration of a license, other
 7    than from inactive status: $10 plus  payment  of  all  lapsed
 8    renewal fees.
 9        (ii)  Application  for  restoration from inactive status:
10    $10 plus current renewal fees.
11        5.  Issuance of a  duplicate  certificate  of  licensure,
12    issuance of a replacement certificate for a certificate which
13    has  been lost or destroyed or issuance of a certificate with
14    a change of name or address other  than  during  the  renewal
15    period: $20.  No fee is required for name and address changes
16    on  Department  records  when  no  duplicate  certificate  is
17    issued.
18        6.  Application  for  a  certification  of  a  licensee's
19    record for any purpose: $20.
20        7.  Application  for rescoring of an examination: cost to
21    the Department of rescoring the examination,  plus  any  fees
22    charged  by  the  applicable  testing  service  to  have  the
23    examination rescored.
24        (b)  Applicants  for any examination shall be required to
25    pay, either to the Department or to  the  designated  testing
26    service,  a  fee  covering  the  cost of initial screening to
27    determine eligibility and providing the examination.
28        (c)  The fee for a wall certificate shall be  the  actual
29    cost of producing such certificate.
30        (d)  The   fee  for  a  roster  of  persons  licensed  as
31    speech-language pathologists or audiologists  in  this  State
32    shall be the actual cost of producing such a roster.
33    (Source: P.A. 85-1391.)
                            -15-               LRB9002895DPcc
 1        (225 ILCS 110/16) (from Ch. 111, par. 7916)
 2        Sec.    16.  Refusal,   revocation   or   suspension   of
 3    Speech-Language Pathology or Audiology licenses.
 4        (1)  The Department may refuse to issue or renew, or  may
 5    revoke,  suspend,  place  on probation, censure, reprimand or
 6    take other disciplinary action as  the  Department  may  deem
 7    proper,  including  fines  not  to  exceed  $5,000  for  each
 8    violation,  with regard to any license or certificate for any
 9    one or combination of the following causes:
10             (a)  Fraud in procuring the license.
11             (b)  Habitual intoxication or addiction to  the  use
12        of drugs.
13             (c)  Willful  or repeated violations of the rules of
14        the Department of Public Health.
15             (d)  Division of fees or agreeing to split or divide
16        the  fees  received  for  speech-language  pathology   or
17        audiology  services  with  any  person  for  referring an
18        individual, or assisting in the care or treatment  of  an
19        individual,  without  the  knowledge of the individual or
20        his or her legal representative.
21             (e)  Employing,  procuring,  inducing,   aiding   or
22        abetting  a  person  not  licensed  as  a speech-language
23        pathologist or audiologist to engage in the  unauthorized
24        practice of speech-language pathology or audiology.
25             (f)  Making    any   misrepresentations   or   false
26        promises, directly or indirectly, to influence,  persuade
27        or induce patronage.
28             (g)  Professional connection or association with, or
29        lending  his  or  her  name  to  another  for the illegal
30        practice of speech-language  pathology  or  audiology  by
31        another,  or  professional connection or association with
32        any person, firm or corporation holding itself out in any
33        manner contrary to this Act.
34             (h)  Obtaining or seeking to obtain  checks,  money,
                            -16-               LRB9002895DPcc
 1        or  any  other  things  of  value  by false or fraudulent
 2        representations, including but not limited  to,  engaging
 3        in  such  fraudulent  practice  to  defraud  the  medical
 4        assistance program of the Department of Public Aid.
 5             (i)  Practicing  under  a name other than his or her
 6        own.
 7             (j)  Improper,   unprofessional   or    dishonorable
 8        conduct of a character likely to deceive, defraud or harm
 9        the public.
10             (k)  Conviction  in  this  or  another  state of any
11        crime which is a felony under the laws of this  State  or
12        conviction  of  a  felony  in  a  federal  court,  if the
13        Department determines,  after  investigation,  that  such
14        person has not been sufficiently rehabilitated to warrant
15        the public trust.
16             (1)  Permitting   a   person   under   his   or  her
17        supervision to perform any  function  not  authorized  by
18        this Act.
19             (m)  A  violation  of  any  provision of this Act or
20        rules promulgated thereunder.
21             (n)  Revocation by another state,  the  District  of
22        Columbia,  territory,  or  foreign nation of a license to
23        practice speech-language pathology or  audiology  in  its
24        jurisdiction  if  at  least  one  of the grounds for that
25        revocation is the same as or the equivalent of one of the
26        grounds for revocation set forth herein.
27             (o)  Willfully failing  to  report  an  instance  of
28        suspected  child  abuse  or  neglect  as  required by the
29        Abused and Neglected Child Reporting Act.
30             (p)  Gross  or  repeated  malpractice  resulting  in
31        injury or death of an individual.
32             (q)  Willfully making or  filing  false  records  or
33        reports  in  his  or  her  practice  as a speech-language
34        pathologist or audiologist, including,  but  not  limited
                            -17-               LRB9002895DPcc
 1        to,  false  records  to support claims against the public
 2        assistance program of the Illinois Department  of  Public
 3        Aid.
 4             (r)  Professional incompetence as manifested by poor
 5        standards of care or mental incompetence as declared by a
 6        court of competent jurisdiction.
 7             (s)  Repeated  irregularities  in  billing  a  third
 8        party  for  services  rendered  to  an  individual.   For
 9        purposes  of  this  Section,  "irregularities in billing"
10        shall include:
11                  (i)  reporting  excessive   charges   for   the
12             purpose  of  obtaining  a total payment in excess of
13             that  usually  received   by   the   speech-language
14             pathologist   or   audiologist   for   the  services
15             rendered;
16                  (ii)  reporting  charges   for   services   not
17             rendered; or
18                  (iii)  incorrectly  reporting services rendered
19             for the purpose of obtaining payment not earned.
20             (t)  (Blank) Failure to file a return, or to pay the
21        tax, penalty or interest shown in a filed return,  or  to
22        pay  any final assessment of tax, penalty or interest, as
23        required by any tax  act  administered  by  the  Illinois
24        Department   of   Revenue,   until   such   time  as  the
25        requirements of any such tax act are satisfied.
26             (u)  Violation   of   the   Health    Care    Worker
27        Self-Referral Act.
28             (v)  Physical  illness, including but not limited to
29        deterioration through the aging process or loss of  motor
30        skill,  mental illness, or disability that results in the
31        inability to  practice  the  profession  with  reasonable
32        judgment, skill, or safety.
33        (2)  The  Department  shall  deny  a  license  or renewal
34    authorized by this Act to any person who has defaulted on  an
                            -18-               LRB9002895DPcc
 1    educational loan guaranteed by the Illinois State Scholarship
 2    Commission;  however,  the  Department may issue a license or
 3    renewal if the  aforementioned  persons  have  established  a
 4    satisfactory  repayment  record as determined by the Illinois
 5    State Scholarship Commission.
 6        (3)  The  entry  of  an  order   by   a   circuit   court
 7    establishing that any person holding a license under this Act
 8    is  subject to involuntary admission or judicial admission as
 9    provided  for  in  the  Mental   Health   and   Developmental
10    Disabilities  Code,  operates  as  an automatic suspension of
11    that license.  That  person  may  have  his  or  her  license
12    restored  only upon the determination by a circuit court that
13    the patient is no longer subject to involuntary admission  or
14    judicial  admission  and  the issuance of an order so finding
15    and  discharging  the   patient,   and   upon   the   Board's
16    recommendation   to   the  Department  that  the  license  be
17    restored. Where the circumstances so indicate, the Board  may
18    recommend  to  the  Department that it require an examination
19    prior to restoring any license automatically suspended  under
20    this subsection.
21        (4)  The  Department  may  refuse to issue or may suspend
22    the license of any person who fails to file a return,  or  to
23    pay the tax, penalty, or interest shown in a filed return, or
24    to  pay  any final assessment of the tax penalty or interest,
25    as required by any tax Act administered by the Department  of
26    Revenue,  until such time as the requirements of any such tax
27    Act are satisfied.
28        (5)  In enforcing this Section, the Board upon a  showing
29    of  a possible violation may compel an individual licensed to
30    practice under this Act, or who  has  applied  for  licensure
31    pursuant  to  this  Act,  to  submit  to a mental or physical
32    examination, or both, as required by and at  the  expense  of
33    the   Department.    The  examining  physicians  or  clinical
34    psychologists shall be those specifically designated  by  the
                            -19-               LRB9002895DPcc
 1    Board.  The individual to be examined may have, at his or her
 2    own  expense,  another  physician or clinical psychologist of
 3    his  or  her  choice  present  during  all  aspects  of  this
 4    examination.  Failure of any individual to submit to a mental
 5    or physical examination, when directed, shall be grounds  for
 6    suspension of his or her license until the individual submits
 7    to  the  examination  if  the  Board  finds, after notice and
 8    hearing, that the refusal to submit to  the  examination  was
 9    without reasonable cause.
10        If  the  Board  finds  an  individual  unable to practice
11    because of the reasons set forth in this Section,  the  Board
12    may require that individual to submit to care, counseling, or
13    treatment by physicians or clinical psychologists approved or
14    designated by the Board, as a condition, term, or restriction
15    for  continued, reinstated, or renewed licensure to practice;
16    or, in lieu of care, counseling, or treatment, the Board  may
17    recommend   to   the   Department  to  file  a  complaint  to
18    immediately suspend,  revoke,  or  otherwise  discipline  the
19    license  of  the individual. Any individual whose license was
20    granted,  continued,  reinstated,  renewed,  disciplined   or
21    supervised    subject   to   such   terms,   conditions,   or
22    restrictions, and  who  fails  to  comply  with  such  terms,
23    conditions,   or  restrictions,  shall  be  referred  to  the
24    Director for a determination as  to  whether  the  individual
25    shall  have his or her license suspended immediately, pending
26    a hearing by the Board.
27        In instances in which the Director immediately suspends a
28    person's license  under  this  Section,  a  hearing  on  that
29    person's license must be convened by the Board within 15 days
30    after the suspension and completed without appreciable delay.
31    The  Board  shall  have  the  authority to review the subject
32    individual's record of treatment and counseling regarding the
33    impairment to the  extent  permitted  by  applicable  federal
34    statutes  and regulations safeguarding the confidentiality of
                            -20-               LRB9002895DPcc
 1    medical records.
 2        An individual licensed under this Act and affected  under
 3    this  Section shall be afforded an opportunity to demonstrate
 4    to the Board that he or she can resume practice in compliance
 5    with acceptable and prevailing standards under the provisions
 6    of his or her license.
 7    (Source: P.A. 87-1207.)
 8        (225 ILCS 110/16.5 new)
 9        Sec. 16.5. Advertising. A person licensed under this  Act
10    may  advertise  the  availability of professional services in
11    the public media or on the premises where  such  professional
12    services  are  rendered  as  permitted  by  law, provided the
13    advertising is truthful and not misleading or deceptive.  The
14    Department may adopt rules consistent with this Section.
15        (225 ILCS 110/17) (from Ch. 111, par. 7917)
16        Sec.  17.   Investigations;  notice of hearing.  Upon the
17    motion of either the Department or  the  Board  or  upon  the
18    verified  complaint  in  writing  of any person setting forth
19    facts that which  if  proven  would  constitute  grounds  for
20    refusal  to  issue, suspension, or revocation of a license or
21    for taking any other disciplinary action with regard to a  of
22    license   under   this   Act,   the  Department  Board  shall
23    investigate the actions of any person, hereinafter called the
24    "licensee", who holds or represents that he or  she  holds  a
25    license.   All such motions or complaints shall be brought to
26    the Board.
27        The Director shall, before refusing to issue, suspending,
28    revoking, placing on probationary status, or taking any other
29    disciplinary action as the  Director  may  deem  proper  with
30    regard to any license, at least 30 days prior to the date set
31    for  the  hearing,  notify  the  licensee  in  writing of any
32    charges made and the time and place  for  a  hearing  of  the
                            -21-               LRB9002895DPcc
 1    charges before the Board.  The Board shall also direct him to
 2    file  his  or her written answer thereto with the Board under
 3    oath within 20 days after the service on him of such  notice,
 4    and  inform  him that if he or she fails to file such answer,
 5    his or her license  may  be  suspended,  revoked,  placed  on
 6    probationary status or other disciplinary action may be taken
 7    with  regard thereto, including limiting the scope, nature or
 8    extent of his or  her  practice  as  the  Director  may  deem
 9    proper.
10        Such  written  notice  and  any notice in such proceeding
11    thereafter may  be  served  by  delivery  personally  to  the
12    licensee,  or  by registered or certified mail to the address
13    specified by the licensee in his or her last notification  to
14    the Director.
15    (Source: P.A. 85-1391.)
16        (225 ILCS 110/18) (from Ch. 111, par. 7918)
17        Sec. 18.  Disciplinary actions.
18        (a)  In  case the licensee, after receiving notice, fails
19    to file an answer, his or her license may, in the  discretion
20    of  the Director, having first received the recommendation of
21    the Board, be  suspended,  revoked,  placed  on  probationary
22    status  or the Director may take whatever disciplinary action
23    he or she may deem  proper,  including  limiting  the  scope,
24    nature,  or extent of the person's practice or the imposition
25    of a fine, without a hearing, if  the  act  or  acts  charged
26    constitute sufficient grounds for such action under this Act.
27        (b)  The  Director may temporarily suspend the license of
28    a  speech-language  pathologist  or  audiologist  without   a
29    hearing, simultaneous to the institution of proceedings for a
30    hearing  under  this Act, if the Director finds that evidence
31    in his or her possession  indicates  that  a  speech-language
32    pathologist's or audiologist's continuation in practice would
33    constitute  an  immediate danger to the public.  In the event
                            -22-               LRB9002895DPcc
 1    that the Director  temporarily  suspends  the  license  of  a
 2    speech-language pathologist or audiologist without a hearing,
 3    a hearing by the Board must be held within 15 days after such
 4    suspension  has  occurred  and  concluded without appreciable
 5    delay.
 6        (c)  The  entry  of  a  decree  by  any   circuit   court
 7    establishing that any person holding a license under this Act
 8    is a person subject to involuntary admission under the Mental
 9    Health and Developmental Disabilities Code shall operate as a
10    suspension  of  that  license.   That  person  may resume his
11    practice only upon a finding by the Board that  he  has  been
12    determined  to  be no longer subject to involuntary admission
13    by the court and  upon  the  Board's  recommendation  to  the
14    Director that he be permitted to resume his practice.
15    (Source: P.A. 85-1391.)
16        (225 ILCS 110/21) (from Ch. 111, par. 7921)
17        Sec.  21.  Recommendations for disciplinary action Action
18    by Director. The Board may advise the Director that probation
19    be granted or that other disciplinary action,  including  the
20    limitation  of  the  scope,  nature  or  extent of a person's
21    practice, be taken, as  it  deems  proper.   If  disciplinary
22    action  other  than  suspension  or  revocation is taken, the
23    Board  may  advise  the   Director   to   impose   reasonable
24    limitations  and  requirements  upon  the  licensee to insure
25    compliance  with  the  terms  of  the  probation   or   other
26    disciplinary  action,  including, but not limited to, regular
27    reporting by the licensee to  the  Director  of  his  or  her
28    actions,  or the licensee placing himself under the care of a
29    qualified physician for treatment  or  limiting  his  or  her
30    practice in such manner as the Director may require.
31        The  Board shall present to the Director a written report
32    of its findings and recommendations.  A copy of  such  report
33    shall  be  served  upon the licensee, either personally or by
                            -23-               LRB9002895DPcc
 1    registered or certified mail.   Within  20  days  after  such
 2    service,  the  licensee  may present to the Department his or
 3    her  motion  in  writing  for  a  rehearing,  specifying  the
 4    particular grounds therefor.  If the licensee orders and pays
 5    for a transcript of the record, the time elapsing  thereafter
 6    and before such transcript is ready for delivery to him shall
 7    not be counted as part of such 20 days.
 8        At the expiration of the time allowed for filing a motion
 9    for  rehearing,  the Director may take the action recommended
10    by the Board.   Upon  suspension,  revocation,  placement  on
11    probationary  status, or the taking of any other disciplinary
12    action, including the  limiting  of  the  scope,  nature,  or
13    extent of one's practice, deemed proper by the Director, with
14    regard  to  the  license, the licensee shall surrender his or
15    her license to the Department if ordered  to  do  so  by  the
16    Department  and  upon his or her failure or refusal to do so,
17    the Department may seize such license.
18        In all instances under this Act in which  the  Board  has
19    rendered  a  recommendation to the Director with respect to a
20    particular person, the Director shall notify the Board if, to
21    the extent that he or she  disagrees  with  or  takes  action
22    contrary  to  the  recommendation of the Board, file with the
23    Board and the Secretary of State his specific written reasons
24    of disagreement.  Such reasons shall be filed within 30  days
25    after the Director has taken the contrary position.
26        Each   order   of   revocation,   suspension   or   other
27    disciplinary   action  shall  contain  a  brief  and  concise
28    statement  of  the  ground  or   grounds   upon   which   the
29    Department's  action  is based, as well as the specific terms
30    and conditions of such action.
31    (Source: P.A. 85-1391.)
32        (225 ILCS 110/22) (from Ch. 111, par. 7922)
33        Sec. 22.  Appointment of a hearing officer.  The Director
                            -24-               LRB9002895DPcc
 1    shall  have  the  authority  to  appoint  any  attorney  duly
 2    licensed to practice law in the State of Illinois to serve as
 3    the hearing officer for any  action  for  refusal  to  issue,
 4    renew  or discipline of a license.  The hearing officer shall
 5    have full authority to  conduct  the  hearing.   The  hearing
 6    officer  shall report his or her findings and recommendations
 7    to the Board and the Director.  The Board shall have 60  days
 8    after  from receipt of the report to review the report of the
 9    hearing officer and present its findings of fact, conclusions
10    of law and recommendations to the  Director.   If  the  Board
11    fails  to  present  its  report within the 60-day period, the
12    Director may shall issue an order based on the report of  the
13    hearing  officer.   If  the  Director disagrees in any regard
14    with the Board's report, he or she  may  issue  an  order  in
15    contravention of the Board's report.
16    (Source: P.A. 85-1391.)
17        (225 ILCS 110/28) (from Ch. 111, par. 7928)
18        Sec.  28.  Injunction  Unlicensed Practice - Injunctions.
19    The practice of speech-language pathology or audiology by any
20    person not holding a valid and current license under this Act
21    is  declared  to  be  inimical  to  the  public  welfare,  to
22    constitute a public nuisance, and to cause  irreparable  harm
23    to  the  public welfare.  The Director, the Attorney General,
24    the State's attorney of any county in the State or any person
25    may maintain an action in the name of the People of the State
26    of Illinois, and may apply for an injunction in  any  circuit
27    court  to  enjoin  any  such  person  from  engaging  in such
28    practice.  Upon the filing of a  verified  petition  in  such
29    court,  the  court  or  any  judge  thereof,  if satisfied by
30    affidavit, or otherwise, that such person has been engaged in
31    such practice without a valid and current license, may  issue
32    a  temporary injunction without notice or bond, enjoining the
33    defendant from any such further practice. Only the showing of
                            -25-               LRB9002895DPcc
 1    nonlicensure, by affidavit  or  otherwise,  is  necessary  in
 2    order  for  a  temporary  injunction  to issue. A copy of the
 3    verified complaint shall be served upon the defendant and the
 4    proceedings shall thereafter be conducted as in  other  civil
 5    cases   except   as  modified  by  this  Section.  If  it  is
 6    established that the defendant has been, or is engaged in any
 7    such unlawful practice, the court, or any judge thereof,  may
 8    enter   an   order  or  judgment  perpetually  enjoining  the
 9    defendant from further  such  practice.  In  all  proceedings
10    hereunder,  the  court,  in its discretion, may apportion the
11    costs among the parties interested  in  the  suit,  including
12    cost  of  filing  the  complaint, service of process, witness
13    fees and expenses,  court  reporter  charges  and  reasonable
14    attorneys'  fees.  In  case  of  violation  of any injunction
15    issued under the provisions of this Section,  the  court,  or
16    any  judge thereof, may summarily try and punish the offender
17    for contempt of court. Such injunction proceedings  shall  be
18    in  addition  to, and not in lieu of, all penalties and other
19    remedies provided in this Act.
20    (Source: P.A. 85-1391.)
21        (225 ILCS 110/28.5 new)
22        Sec. 28.5. Cease and desist order. If any person violates
23    the provisions of this Act, the Director, in the name of  the
24    People of the State of Illinois, through the Attorney General
25    or  the State's Attorney of the county in which the violation
26    is alleged to  have  occurred,  may  petition  for  an  order
27    enjoining  the violation or for an order enforcing compliance
28    with this Act. Upon the filing of a  verified  petition,  the
29    court  with  appropriate  jurisdiction  may issue a temporary
30    restraining  order,  without  notice   or   bond,   and   may
31    preliminarily  and permanently enjoin the violation. If it is
32    established that the person has violated or is violating  the
33    injunction, the court may punish the offender for contempt of
                            -26-               LRB9002895DPcc
 1    court. Proceedings under this Section are in addition to, and
 2    not  in lieu of, all other remedies and penalties provided by
 3    this Act.
 4        Whenever, in the opinion  of  the  Department,  a  person
 5    violates  any provision of this Act, the Department may issue
 6    a rule to show cause why an order to cease and desist  should
 7    not  be  entered  against that person. The rule shall clearly
 8    set forth the grounds relied upon by the Department and shall
 9    allow at least 7 days from the date of the rule  to  file  an
10    answer  satisfactory  to the Department. Failure to answer to
11    the satisfaction of the Department shall cause  an  order  to
12    cease and desist to be issued.
13        (225 ILCS 110/29.5 new)
14        Sec. 29.5. Unlicensed practice; civil penalty.
15        (a)  Any   person  who  practices,  offers  to  practice,
16    attempts to  practice,  or  holds  oneself  out  to  practice
17    speech-language pathology or audiology without being licensed
18    under  this  Act  shall,  in  addition  to  any other penalty
19    provided by law, pay a civil penalty to the Department in  an
20    amount not to exceed $5,000 for each offense as determined by
21    the  Department.  The  civil penalty shall be assessed by the
22    Department after a hearing is held  in  accordance  with  the
23    provisions set forth in this Act regarding the provision of a
24    hearing for the discipline of a licensee.
25        (b)  The  Department  has  the  authority  and  power  to
26    investigate any and all unlicensed activity.
27        (c)  The civil penalty shall be paid within 60 days after
28    the  effective  date of the order imposing the civil penalty.
29    The order shall constitute a judgment and may  be  filed  and
30    execution had thereon in the same manner as any judgment from
31    any court of record.
32        (225 ILCS 110/30) (from Ch. 111, par. 7930)
                            -27-               LRB9002895DPcc
 1        Sec. 30. Filing license or diploma of another. Any person
 2    filing,  or attempting to file as his or her own, the diploma
 3    or  license  of   another,   or   a   forged   affidavit   of
 4    identification  or qualification, shall be deemed guilty of a
 5    Class 3 felony, and upon conviction thereof, shall be subject
 6    to such fine and imprisonment as is made and provided by  the
 7    statutes of this State for the crime of forgery.
 8    (Source: P.A. 85-1391.)
 9        (225 ILCS 110/33) (from Ch. 111, par. 7933)
10        Sec.  33.  Exemption from civil liability for peer review
11    committees. While serving upon any peer review committee, any
12    speech-language  pathologist  or  audiologist  shall  not  be
13    liable for civil damages as a result of his or her decisions,
14    findings or recommendations in connection  with  his  or  her
15    duties  on  such  committee,  except  decisions,  findings or
16    recommendations  involving  his  or  her  wilful  or   wanton
17    misconduct.
18    (Source: P.A. 85-1391.)
19        (225 ILCS 110/6 rep.)
20        (225 ILCS 110/7.5 rep.)
21        (225 ILCS 110/9 rep.)
22        (225 ILCS 110/12 rep.)
23        (225 ILCS 110/31 rep.)
24        (225 ILCS 110/32 rep.)
25        Section  15.  The  Illinois Speech-Language Pathology and
26    Audiology Practice Act is amended by  repealing  Sections  6,
27    7.5, 9, 12, 31, and 32.
28        Section  95.   No  acceleration or delay.  Where this Act
29    makes changes in a statute that is represented in this Act by
30    text that is not yet or no longer in effect (for  example,  a
31    Section  represented  by  multiple versions), the use of that
                            -28-               LRB9002895DPcc
 1    text does not accelerate or delay the taking  effect  of  (i)
 2    the  changes made by this Act or (ii) provisions derived from
 3    any other Public Act.
 4        Section 99. Effective date. This Act takes effect on July
 5    1, 1997.
                            -29-               LRB9002895DPcc
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 80/4.9             from Ch. 127, par. 1904.9
 4    5 ILCS 80/4.18 new
 5    225 ILCS 110/3            from Ch. 111, par. 7903
 6    225 ILCS 110/3.5 new
 7    225 ILCS 110/5            from Ch. 111, par. 7905
 8    225 ILCS 110/7            from Ch. 111, par. 7907
 9    225 ILCS 110/8            from Ch. 111, par. 7908
10    225 ILCS 110/9.5 new
11    225 ILCS 110/11           from Ch. 111, par. 7911
12    225 ILCS 110/13           from Ch. 111, par. 7913
13    225 ILCS 110/14           from Ch. 111, par. 7914
14    225 ILCS 110/16           from Ch. 111, par. 7916
15    225 ILCS 110/16.5 new
16    225 ILCS 110/17           from Ch. 111, par. 7917
17    225 ILCS 110/18           from Ch. 111, par. 7918
18    225 ILCS 110/21           from Ch. 111, par. 7921
19    225 ILCS 110/22           from Ch. 111, par. 7922
20    225 ILCS 110/28           from Ch. 111, par. 7928
21    225 ILCS 110/28.5 new
22    225 ILCS 110/29.5 new
23    225 ILCS 110/30           from Ch. 111, par. 7930
24    225 ILCS 110/33           from Ch. 111, par. 7933
25    225 ILCS 110/6 rep.
26    225 ILCS 110/7.5 rep.
27    225 ILCS 110/9 rep.
28    225 ILCS 110/12 rep.
29    225 ILCS 110/31 rep.
30    225 ILCS 110/32 rep.

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