Rep. Dan Reitz
Filed: 5/18/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1483




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    AMENDMENT NO. ______. Amend Senate Bill 1483, AS AMENDED, 
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by replacing everything after the enacting clause with the 
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following:



 
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    "Section 5. The Illinois Speech-Language Pathology and

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Audiology Practice Act is amended  by changing Section 3 and by 
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adding Section 9.3 as follows:
 



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    (225 ILCS 110/3)  (from Ch. 111, par. 7903)



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    (Section scheduled to be repealed on January 1, 2018)

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    Sec. 3. Definitions. The following words and phrases shall 
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have the
meaning ascribed to them in this Section unless the 
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context clearly indicates
otherwise:

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    (a) "Department" means the Department of Financial and

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Professional
Regulation.

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    (b) "Secretary" means the Secretary of Financial and 
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Professional Regulation.

 


 






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    (c) "Board" means the Board of Speech-Language Pathology 
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and Audiology
established under Section 5 of this Act.

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    (d) "Speech-Language Pathologist" means a person who has 
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received a
license pursuant to this Act and who engages in the 
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practice
of speech-language pathology.

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    (e) "Audiologist" means a person who has received a license 
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pursuant to this
Act and who engages in the practice of 
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audiology.

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    (f) "Public member" means a person who is not a health 
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professional.
For purposes of board membership, any person with 
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a significant financial
interest in a health service or 
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profession is not a public member.

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    (g) "The practice of audiology" is the application of 
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nonmedical methods
and procedures for the identification, 
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measurement, testing,
appraisal, prediction, habilitation, 
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rehabilitation, or instruction
related to hearing
and 
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disorders of hearing.  These procedures are for the
purpose of 
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counseling, consulting and rendering or offering to render

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services or for participating in the planning, directing or 
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conducting of
programs that are designed to modify 
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communicative disorders
involving
speech, language or auditory 
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function related to hearing loss.
The practice of audiology may 
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include, but shall not be limited to, the
following:


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        (1) any task, procedure, act, or practice that is 
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    necessary for the
evaluation of hearing or
vestibular 
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    function;


 


 






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        (2) training in the use of amplification devices;
 
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        (3) the fitting, dispensing, or servicing of hearing 
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    instruments; and


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        (4) performing basic speech and language screening 
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    tests and procedures
consistent with audiology training.

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    (h) "The practice of speech-language pathology" is the 
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application of
nonmedical methods and procedures for the 
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identification,
measurement, testing, appraisal, prediction, 
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habilitation, rehabilitation,
and modification related to 
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communication development, and disorders or
disabilities of 
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speech, language, voice, swallowing, and other speech,

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language and voice related disorders.  These procedures are for 
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the
purpose of counseling, consulting and rendering or offering 
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to render
services, or for participating in the planning, 
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directing or conducting of
programs that are designed to modify 
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communicative disorders and
conditions in individuals or 
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groups of individuals involving speech,
language, voice and 
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swallowing function.

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    "The practice of speech-language pathology" shall include, 
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but
shall not be
limited to, the following:


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        (1) hearing screening tests and aural rehabilitation 
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    procedures
consistent with speech-language pathology 
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    training;


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        (2) tasks, procedures, acts or practices that are 
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    necessary for the
evaluation of, and training in the use 
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    of, augmentative communication
systems, communication 
 


 






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    variation, cognitive rehabilitation, non-spoken
language 
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    production and comprehension; and .

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        (3) the use of rigid or flexible laryngoscopes for the 
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    sole purpose of observing and obtaining images of the 
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    pharynx and larynx in accordance with Section 9.3 of this 
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    Act.
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    (i) "Speech-language pathology assistant" means a person 
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who has received
a license pursuant to this Act to assist a 
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speech-language
pathologist in the manner provided in this Act.

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    (j) "Physician" means a physician licensed to practice 
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medicine in all its branches under the Medical Practice Act of 
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1987. 
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(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)

 
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    (225 ILCS 110/9.3 new)

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    (Section scheduled to be repealed on January 1, 2018)
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    Sec. 9.3. Requirements for the use of laryngoscopes. 
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    (a) A speech-language pathologist may perform an 
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endoscopic procedure using a rigid laryngoscope for the sole 
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purpose of observing and obtaining images of the pharynx and 
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larynx if all of the following requirements have been met:
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        (1) The speech-language pathologist has observed 5 
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    procedures performed by either (i) a physician who has been 
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    granted hospital privileges to perform these procedures or 
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    (ii) a speech-language pathologist who has met the 
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    requirements of items (1), (2), and (5) of this subsection 
 


 






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    (a) in a licensed health care facility or  a clinic 
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    affiliated with a hospital, university, college, or 
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    ASHA-approved continuing education course that has 
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    emergency medical backup and a physician available or in 
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    the office of a physician who is available or in the office 
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    of a speech-language pathologist provided that he or she 
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    maintains cardiopulmonary resuscitation (CPR) 
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    certification.
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        (2) The speech-language pathologist has successfully 
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    performed 10 procedures under the direct supervision of a 
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    physician who has been granted hospital privileges to 
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    perform these procedures; provided, however, that the 
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    physician may delegate the supervision of the procedures to 
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    a speech-language pathologist who has met the requirements 
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    of this subsection (a) or subsection (c) of this Section.  
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    The supervising physician shall provide written 
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    verification that the speech-language pathologist in 
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    training has successfully completed the requirements of 
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    this item (2) demonstrating the ability to perform these 
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    procedures. The speech-language pathologist shall have 
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    this written verification on file and readily available for 
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    inspection upon request by the Board.
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         (3) If the   patient has a voice disorder or vocal cord 
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    dysfunction, he or she must be examined by a physician who 
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    has been granted hospital privileges to perform these 
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    procedures and the speech-language pathologist must have 
 


 






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    received from that physician a written referral and direct 
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    authorization to perform the procedure.
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        (4) If the  patient has a swallowing disorder or a 
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    velopharyngeal disorder, he or she must be examined by a 
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    physician licensed to practice medicine in all its branches 
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    and the speech-language pathologist must have received 
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    from that physician a written referral and direct 
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    authorization to perform the procedure. 
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        (5) The speech-language pathologist has completed a 
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    hands-on university or college course, or a hands-on 
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    seminar or workshop in endoscopy as a technique for 
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    investigating speech and swallowing, which qualifies for 
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    continuing education credit with the American 
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    Speech-Language-Hearing Association (ASHA).
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        (6)   The speech-language pathologist must send a 
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    written report or recorded copy of the observations 
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    recorded during an evaluation to the referring physician, 
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    and if the speech-language pathologist performs any 
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    procedure and observes an abnormality or the possibility of 
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    a condition that requires medical attention, the 
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    speech-language pathologist shall immediately refer the 
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    patient to the referring physician for examination.
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        (7) In no instance may the speech-language pathologist 
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    use a laryngoscope to perform any procedure that disrupts 
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    living tissue.
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        (8) The speech-language pathologist is using  the rigid 
 


 






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    laryngoscope in (i) a licensed healthcare facility or 
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    clinic affiliated with a hospital, university, college, or 
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    ASHA-approved continuing education course that has 
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    emergency medical back-up and a physician available, (ii) 
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    an office of a physician who is available, or  (iii) in the 
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    speech language pathologist's office provided that  he or 
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    she maintains cardiopulmonary resuscitation (CPR) 
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    certification. 
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    (b) A speech-language pathologist may use a flexible 
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laryngoscope for the sole purpose of observing and obtaining 
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images of the pharynx and larynx if all of the following 
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requirements have been met: 
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        (1) The speech-language pathologist has observed 10 
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    procedures performed by either (i) a physician who has been 
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    granted hospital privileges to perform these procedures or 
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    (ii) a speech-language pathologist who has met the 
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    requirements of items (1), (2), and (6) of this subsection 
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    (b) in a licensed health care facility or  a clinic 
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    affiliated with a hospital, university, college, or 
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    ASHA-approved continuing education course that has 
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    emergency medical back-up and a physician available or in 
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    the office of a physician who is available.
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        (2) The speech-language pathologist has successfully 
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    performed 25 procedures under the direct supervision of a 
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    physician who has been granted hospital privileges to 
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    perform these procedures; provided, however, that the 
 


 






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    physician may delegate the supervision of the procedures to 
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    a speech-language pathologist who has met the requirements 
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    of this subsection (b) or subsection (c) of this Section.  
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    The supervising physician shall provide written 
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    verification that the speech-language pathologist in 
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    training has successfully completed the requirements of 
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    this item (2) demonstrating the ability to perform these 
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    procedures. The speech-language pathologist shall have 
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    this written verification on file and readily available for 
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    inspection upon request by the Board.
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        (3) The observation of the patient's function must take 
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    place (i) under the supervision of a physician and (ii) in 
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    a licensed health care facility or a clinic affiliated with 
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    a hospital, university, or college that has emergency 
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    medical backup and a physician available or in the office 
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    of a physician who is available.
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         (4) If the   patient has a voice disorder or vocal cord 
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    dysfunction, he or she must be examined by a physician 
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    licensed to practice medicine in all its branches who has 
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    been granted hospital privileges to perform these 
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    procedures and the speech-language pathologist must have 
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    received from that physician a written referral and direct 
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    authorization to perform the procedure.
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        (5) If the  patient has a swallowing disorder or a 
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    velopharyngeal disorder, he or she must be examined by a 
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    physician licensed to practice medicine in all its branches 
 


 






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    and the speech-language pathologist must have received 
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    from that physician a written referral and direct 
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    authorization to perform the procedure. 
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        (6) The speech-language pathologist has completed a 
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    hands-on university or college course, or a hands-on 
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    seminar or workshop in endoscopy as a technique for 
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    investigating speech and swallowing, which qualifies for 
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    continuing education credit with the American 
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    Speech-Language-Hearing Association (ASHA).
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        (7)   The speech-language pathologist must send a 
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    written report or recorded copy of the observations 
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    recorded during an evaluation to the referring physician, 
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    and if the speech-language pathologist performs any 
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    procedure and observes an abnormality or the possibility of 
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    a condition that requires medical attention, the 
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    speech-language pathologist shall immediately refer the 
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    patient to the referring physician for examination.
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        (8) In no instance may the speech-language pathologist 
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    use a laryngoscope to perform any procedure that disrupts 
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    living tissue.
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    (c) A speech-language pathologist seeking to use both a 
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rigid laryngoscope and a flexible laryngoscope for the sole 
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purpose of observing and obtaining images of the pharynx and 
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larynx shall be exempt from meeting the separate requirements 
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of items (1) and (2) of subsection (a) and items (1) and (2) of 
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subsection (b), if he or she meets the requirements of items 
 


 






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(3) through (8) of subsection (a), items (3) through (8) of 
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subsection (b), and the following: 
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        (1) The speech-language pathologist has observed 15 
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    procedures performed by either (i) a physician who has been 
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    granted hospital privileges to perform these procedures or 
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    (ii) a speech-language pathologist who has met the 
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    requirements of items (1), (2), and (6) of subsection (b) 
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    in a licensed health care facility or  a clinic affiliated 
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    with a hospital, university, college, or ASHA-approved 
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    continuing education course that has emergency medical 
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    back-up and a physician available or in the office of a 
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    physician who is available.
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        (2) The speech-language pathologist has successfully 
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    performed 30 procedures, at least 20 of which must be with 
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    a flexible  laryngoscope and at least 5 of which must be 
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    with a rigid laryngoscope, under the direct supervision of 
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    a physician who has been granted hospital privileges to 
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    perform these procedures; provided, however, that the 
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    physician may delegate the supervision of the procedures to 
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    a speech-language pathologist who has met the requirements 
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    of subsection (a) or (c) of this Section in the case of a 
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    rigid laryngoscope or subsection (b) or (c) of this Section 
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    in the case of a flexible laryngoscope.  The supervising 
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    physician shall provide written verification that the 
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    speech-language pathologist in training has successfully 
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    completed the requirements of this item (2) demonstrating 
 


 






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    the ability to perform these procedures. The 
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    speech-language pathologist shall have this written 
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    verification on file and readily available for inspection 
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    upon request by the Board.
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    (d) The requirements of items (1) and (2) of subsection 
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(a), items (1) and (2) of subsection (b), and subsection (c) 
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shall not apply to the practice of speech-language pathologists 
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in a hospital or hospital-affiliate. In order to practice in a 
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hospital or hospital-affiliate, a speech-language pathologist 
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must possess clinical privileges for flexible or rigid 
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laryngoscope procedures recommended by the hospital or 
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hospital affiliate medical staff and approved by the hospital 
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or hospital affiliate governing body. 
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    (e) Nothing in this Section shall be construed to authorize 
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a medical diagnosis. 
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    (f) Nothing in this Section shall preclude the use of a 
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rigid or flexible laryngoscope for the purpose of training or 
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research done in conjunction with a speech-language pathology 
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program accredited by the Council for Academic Accreditation, 
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provided that (i) emergency medical backup is available when 
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flexible laryngoscopy is performed and (ii) such training or 
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research is performed with the participation of either a 
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physician who has been granted hospital privileges to perform 
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these procedures or a speech-language pathologist who has met 
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the requirements of items (1), (2), and (5) of subsection (a) 
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of this Section or items (1), (2), and (6) of subsection (b) of 
 


 






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this Section, or both, whichever is applicable.
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    (g) Nothing in this Section shall be construed to allow a 
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speech-language pathologist to use an anesthetic without 
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specific physician authorization included in the patient 
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referral. 


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".