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91st General Assembly

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Public Act 91-0949

SB368 Enrolled                                 LRB9104241ACtm

    AN ACT concerning audiologists.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   If and only if Senate Bill 1404 of the 91st
General Assembly becomes law, the Hearing Instrument Consumer
Protection Act is amended by changing Section 16 as follows:

    (225 ILCS 50/16) (from Ch. 111, par. 7416)
    Sec. 16.  Hearing Instrument Consumer  Protection  Board.
There  shall  be  established  a  Hearing Instrument Consumer
Protection  Board  which  shall  assist,  advise   and   make
recommendations to the Department.
    The  Board  shall  consist  of  6  members  who  shall be
residents of Illinois.  One shall be a licensed physician who
specializes in otology or  otolaryngology;  one  shall  be  a
member of a consumer-oriented organization concerned with the
hearing  impaired;  one  shall  be  from  the general public,
preferably a senior  citizen;  and  2  3  shall  be  licensed
hearing   instrument   dispensers   who  are  National  Board
Certified Hearing Instrument Specialists; and, one  shall  be
of  whom  is  a licensed audiologist.  If a vote of the Board
results in a tie, the Director shall cast the deciding vote.
    Members of the Board shall be appointed by  the  Director
after     consultation    with    appropriate    professional
organizations and consumer groups. The term of office of each
shall be 4  years.   Before  a  member's  term  expires,  the
Director  shall appoint a successor to assume member's duties
at the expiration  of  his  or  her  predecessor's  term.   A
vacancy  shall  be  filled  by  appointment for the unexpired
term. The members shall  annually  designate  one  member  as
chairman.    No   member  of  the  Board  who  has  served  2
successive, full terms may be reappointed. The  Director  may
remove members for good cause.
    Members  of  the  Board  shall  receive reimbursement for
actual and necessary travel and for other  expenses,  not  to
exceed the limit established by the Department.
(Source: P.A. 89-72, eff. 12-31-95; 91SB1404enr.)

    Section  10.  If and only if Senate Bill 1404 of the 91st
General Assembly becomes law,  the  Illinois  Speech-Language
Pathology  and  Audiology Practice Act is amended by changing
Sections 4 and 16 as follows:

    (225 ILCS 110/4) (from Ch. 111, par. 7904)
    Sec. 4.  Powers and duties of the Department.  Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers and duties:
    (a)  Conduct or authorize examinations to  ascertain  the
fitness  and  qualifications  of  applicants  for license and
issue  licenses  to  those  who  are  found  to  be  fit  and
qualified.
    (b)  Prescribe rules and  regulations  for  a  method  of
examination of candidates.
    (c)  Prescribe  rules and regulations defining what shall
constitute an approved school, college  or  department  of  a
university, except that no school, college or department of a
university  that  refuses  admittance to applicants solely on
account of race, color, creed, sex or national  origin  shall
be approved.
    (d)  Conduct  hearings on proceedings to revoke, suspend,
or refusal to issue such licenses.
    (e)  Promulgate rules and regulations  required  for  the
administration of this Act.
    (f)  Discipline  the  supervisor  of a graduate audiology
student as provided in  this  Act  for  a  violation  by  the
graduate audiology student.
    (g)  Enforce  the  provisions  of  the Hearing Instrument
Consumer Protection Act and rules promulgated under  the  Act
as  that  Act  and those rules apply to licensed audiologists
regulated by the Department.
(Source: P.A. 85-1391; 91SB1404enr.)

    (225 ILCS 110/16) (from Ch. 111, par. 7916)
    Sec. 16.  Refusal, revocation or suspension of licenses.
    (1)  The Department may refuse to issue or renew, or  may
revoke,  suspend,  place  on probation, censure, reprimand or
take other disciplinary action as  the  Department  may  deem
proper,  including  fines  not  to  exceed  $5,000  for  each
violation,  with  regard  to  any  license  for  any  one  or
combination of the following causes:
         (a)  Fraud in procuring the license.
         (b)  Habitual  intoxication  or addiction to the use
    of drugs.
         (c)  Willful or repeated violations of the rules  of
    the Department of Public Health.
         (d)  Division of fees or agreeing to split or divide
    the   fees  received  for  speech-language  pathology  or
    audiology services  with  any  person  for  referring  an
    individual,  or  assisting in the care or treatment of an
    individual, without the knowledge of  the  individual  or
    his or her legal representative.
         (e)  Employing,   procuring,   inducing,  aiding  or
    abetting a  person  not  licensed  as  a  speech-language
    pathologist  or audiologist to engage in the unauthorized
    practice of speech-language pathology or audiology.
         (f)  Making   any   misrepresentations   or    false
    promises,  directly or indirectly, to influence, persuade
    or induce patronage.
         (g)  Professional connection or association with, or
    lending his or  her  name  to  another  for  the  illegal
    practice  of  speech-language  pathology  or audiology by
    another, or professional connection or  association  with
    any person, firm or corporation holding itself out in any
    manner contrary to this Act.
         (h)  Obtaining  or  seeking to obtain checks, money,
    or any other things  of  value  by  false  or  fraudulent
    representations,  including  but not limited to, engaging
    in  such  fraudulent  practice  to  defraud  the  medical
    assistance program of the Department of Public Aid.
         (i)  Practicing under a name other than his  or  her
    own.
         (j)  Improper,    unprofessional   or   dishonorable
    conduct of a character likely to deceive, defraud or harm
    the public.
         (k)  Conviction in this  or  another  state  of  any
    crime  which  is a felony under the laws of this State or
    conviction of  a  felony  in  a  federal  court,  if  the
    Department  determines,  after  investigation,  that such
    person has not been sufficiently rehabilitated to warrant
    the public trust.
         (1)  Permitting  a   person   under   his   or   her
    supervision  to  perform  any  function not authorized by
    this Act.
         (m)  A violation of any provision  of  this  Act  or
    rules promulgated thereunder.
         (n)  Revocation  by  another  state, the District of
    Columbia, territory, or foreign nation of  a  license  to
    practice  speech-language  pathology  or audiology in its
    jurisdiction if at least one  of  the  grounds  for  that
    revocation is the same as or the equivalent of one of the
    grounds for revocation set forth herein.
         (o)  Willfully  failing  to  report  an  instance of
    suspected child abuse  or  neglect  as  required  by  the
    Abused and Neglected Child Reporting Act.
         (p)  Gross  or  repeated  malpractice  resulting  in
    injury or death of an individual.
         (q)  Willfully  making  or  filing  false records or
    reports in his  or  her  practice  as  a  speech-language
    pathologist  or  audiologist,  including, but not limited
    to, false records to support claims  against  the  public
    assistance  program  of the Illinois Department of Public
    Aid.
         (r)  Professional incompetence as manifested by poor
    standards of care or mental incompetence as declared by a
    court of competent jurisdiction.
         (s)  Repeated  irregularities  in  billing  a  third
    party  for  services  rendered  to  an  individual.   For
    purposes of this  Section,  "irregularities  in  billing"
    shall include:
              (i)  reporting   excessive   charges   for  the
         purpose of obtaining a total payment  in  excess  of
         that   usually   received   by  the  speech-language
         pathologist  or   audiologist   for   the   services
         rendered;
              (ii)  reporting   charges   for   services  not
         rendered; or
              (iii)  incorrectly reporting services  rendered
         for the purpose of obtaining payment not earned.
         (t)  (Blank).
         (u)  Violation    of    the   Health   Care   Worker
    Self-Referral Act.
         (v)  Physical illness, including but not limited  to
    deterioration  through the aging process or loss of motor
    skill, mental illness, or disability that results in  the
    inability  to  practice  the  profession  with reasonable
    judgment, skill, or safety.
         (w)  Violation of the  Hearing  Instrument  Consumer
    Protection Act.
    (2)  The  Department  shall  deny  a  license  or renewal
authorized by this Act to any person who has defaulted on  an
educational loan guaranteed by the Illinois State Scholarship
Commission;  however,  the  Department may issue a license or
renewal if the  aforementioned  persons  have  established  a
satisfactory  repayment  record as determined by the Illinois
State Scholarship Commission.
    (3)  The  entry  of  an  order   by   a   circuit   court
establishing that any person holding a license under this Act
is  subject to involuntary admission or judicial admission as
provided  for  in  the  Mental   Health   and   Developmental
Disabilities  Code,  operates  as  an automatic suspension of
that license.  That  person  may  have  his  or  her  license
restored  only upon the determination by a circuit court that
the patient is no longer subject to involuntary admission  or
judicial  admission  and  the issuance of an order so finding
and  discharging  the   patient,   and   upon   the   Board's
recommendation   to   the  Department  that  the  license  be
restored. Where the circumstances so indicate, the Board  may
recommend  to  the  Department that it require an examination
prior to restoring any license automatically suspended  under
this subsection.
    (4)  The  Department  may  refuse to issue or may suspend
the license of any person who fails to file a return,  or  to
pay the tax, penalty, or interest shown in a filed return, or
to  pay  any final assessment of the tax penalty or interest,
as required by any tax Act administered by the Department  of
Revenue,  until such time as the requirements of any such tax
Act are satisfied.
    (5)  In enforcing this Section, the Board upon a  showing
of  a possible violation may compel an individual licensed to
practice under this Act, or who  has  applied  for  licensure
pursuant  to  this  Act,  to  submit  to a mental or physical
examination, or both, as required by and at  the  expense  of
the   Department.    The  examining  physicians  or  clinical
psychologists shall be those specifically designated  by  the
Board.  The individual to be examined may have, at his or her
own  expense,  another  physician or clinical psychologist of
his  or  her  choice  present  during  all  aspects  of  this
examination.  Failure of any individual to submit to a mental
or physical examination, when directed, shall be grounds  for
suspension of his or her license until the individual submits
to  the  examination  if  the  Board  finds, after notice and
hearing, that the refusal to submit to  the  examination  was
without reasonable cause.
    If  the  Board  finds  an  individual  unable to practice
because of the reasons set forth in this Section,  the  Board
may require that individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or
designated by the Board, as a condition, term, or restriction
for  continued, reinstated, or renewed licensure to practice;
or, in lieu of care, counseling, or treatment, the Board  may
recommend   to   the   Department  to  file  a  complaint  to
immediately suspend,  revoke,  or  otherwise  discipline  the
license  of  the individual. Any individual whose license was
granted,  continued,  reinstated,  renewed,  disciplined   or
supervised    subject   to   such   terms,   conditions,   or
restrictions, and  who  fails  to  comply  with  such  terms,
conditions,   or  restrictions,  shall  be  referred  to  the
Director for a determination as  to  whether  the  individual
shall  have his or her license suspended immediately, pending
a hearing by the Board.
    In instances in which the Director immediately suspends a
person's license  under  this  Section,  a  hearing  on  that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The  Board  shall  have  the  authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the  extent  permitted  by  applicable  federal
statutes  and regulations safeguarding the confidentiality of
medical records.
    An individual licensed under this Act and affected  under
this  Section shall be afforded an opportunity to demonstrate
to the Board that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 90-69, eff. 7-8-97.)

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2001.

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