Registration and Regulation Committee

Filed: 3/7/2007

 

 


 

 


 
09500HB0121ham001 LRB095 03939 RAS 32747 a

1
AMENDMENT TO HOUSE BILL 121

2     AMENDMENT NO. ______. Amend House Bill 121 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Regulatory Sunset Act is amended by
5 changing Section 4.18 and by adding Section 4.28 as follows:
 
6     (5 ILCS 80/4.18)
7     Sec. 4.18. Acts repealed January 1, 2008 and December 31,
8 2008.
9     (a) The following Acts are repealed on January 1, 2008:
10         The Acupuncture Practice Act.
11         The Clinical Social Work and Social Work Practice Act.
12         The Home Medical Equipment and Services Provider
13     License Act.
14         The Nursing and Advanced Practice Nursing Act.
15         The Illinois Speech-Language Pathology and Audiology
16     Practice Act.

 

 

09500HB0121ham001 - 2 - LRB095 03939 RAS 32747 a

1         The Marriage and Family Therapy Licensing Act.
2         The Nursing Home Administrators Licensing and
3     Disciplinary Act.
4         The Pharmacy Practice Act of 1987.
5         The Physician Assistant Practice Act of 1987.
6         The Podiatric Medical Practice Act of 1987.
7         The Structural Pest Control Act.
8     (b) The following Acts are repealed on December 31, 2008:
9         The Medical Practice Act of 1987.
10         The Environmental Health Practitioner Licensing Act.
11 (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06;
12 94-1085, eff. 1-19-07; revised 1-22-07.)
 
13     (5 ILCS 80/4.28 new)
14     Sec. 4.28. Act repealed on January 1, 2018. The following
15 Act is repealed on January 1, 2018:
16     The Illinois Speech-Language Pathology and Audiology
17 Practice Act.
 
18     Section 10. The Illinois Speech-Language Pathology and
19 Audiology Practice Act is amended by changing Sections 3, 5, 7,
20 8, 8.5, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
21 26, 28, 28.5, and 29 and by adding Sections 21.1, 21.2, and
22 24.1 as follows:
 
23     (225 ILCS 110/3)  (from Ch. 111, par. 7903)

 

 

09500HB0121ham001 - 3 - LRB095 03939 RAS 32747 a

1     (Section scheduled to be repealed on January 1, 2008)
2     Sec. 3. Definitions. The following words and phrases shall
3 have the meaning ascribed to them in this Section unless the
4 context clearly indicates otherwise:
5     (a) "Department" means the Department of Financial and
6 Professional Regulation.
7     (b) "Secretary Director" means the Secretary Director of
8 Financial and Professional Regulation.
9     (c) "Board" means the Board of Speech-Language Pathology
10 and Audiology established under Section 5 of this Act.
11     (d) "Speech-Language Pathologist" means a person who has
12 received a license pursuant to this Act and who engages in the
13 practice of speech-language pathology.
14     (e) "Audiologist" means a person who has received a license
15 pursuant to this Act and who engages in the practice of
16 audiology.
17     (f) "Public member" means a person who is not a health
18 professional. For purposes of board membership, any person with
19 a significant financial interest in a health service or
20 profession is not a public member.
21     (g) "The practice of audiology" is the application of
22 nonmedical methods and procedures for the identification,
23 measurement, testing, appraisal, prediction, habilitation,
24 rehabilitation, or instruction related to hearing and
25 disorders of hearing. These procedures are for the purpose of
26 counseling, consulting and rendering or offering to render

 

 

09500HB0121ham001 - 4 - LRB095 03939 RAS 32747 a

1 services or for participating in the planning, directing or
2 conducting of programs that are designed to modify
3 communicative disorders involving speech, language or auditory
4 function related to hearing loss. The practice of audiology may
5 include, but shall not be limited to, the following:
6         (1) any task, procedure, act, or practice that is
7     necessary for the evaluation of hearing or vestibular
8     function;
9         (2) training in the use of amplification devices;
10         (3) the fitting, dispensing, or servicing of hearing
11     instruments; and
12         (4) performing basic speech and language screening
13     tests and procedures consistent with audiology training.
14     (h) "The practice of speech-language pathology" is the
15 application of nonmedical methods and procedures for the
16 identification, measurement, testing, appraisal, prediction,
17 habilitation, rehabilitation, and modification related to
18 communication development, and disorders or disabilities of
19 speech, language, voice, swallowing, and other speech,
20 language and voice related disorders. These procedures are for
21 the purpose of counseling, consulting and rendering or offering
22 to render services, or for participating in the planning,
23 directing or conducting of programs that are designed to modify
24 communicative disorders and conditions in individuals or
25 groups of individuals involving speech, language, voice and
26 swallowing function.

 

 

09500HB0121ham001 - 5 - LRB095 03939 RAS 32747 a

1     "The practice of speech-language pathology" shall include,
2 but shall not be limited to, the following:
3         (1) hearing screening tests and aural rehabilitation
4     procedures consistent with speech-language pathology
5     training;
6         (2) tasks, procedures, acts or practices that are
7     necessary for the evaluation of, and training in the use
8     of, augmentative communication systems, communication
9     variation, cognitive rehabilitation, non-spoken language
10     production and comprehension.
11     (i) "Speech-language pathology assistant" means a person
12 who has received a license pursuant to this Act to assist a
13 speech-language pathologist in the manner provided in this Act.
14 (Source: P.A. 94-528, eff. 8-10-05.)
 
15     (225 ILCS 110/5)  (from Ch. 111, par. 7905)
16     (Section scheduled to be repealed on January 1, 2008)
17     Sec. 5. Board of Speech-Language Pathology and Audiology.
18 There is created a Board of Speech-Language Pathology and
19 Audiology to be composed of persons designated from time to
20 time by the Secretary Director, as follows:
21         (a) Five persons, 2 of whom have been licensed
22     speech-language pathologists for a period of 5 years or
23     more, 2 of whom have been licensed audiologists for a
24     period of 5 years or more, and one public member. The board
25     shall annually elect a chairperson and a vice-chairperson.

 

 

09500HB0121ham001 - 6 - LRB095 03939 RAS 32747 a

1         (b) Terms for all members shall be for 3 years. A
2     member shall serve until his or her successor is appointed
3     and qualified. Partial terms over 2 years in length shall
4     be considered as full terms. A member may be reappointed
5     for a successive term, but no member shall serve more than
6     2 full terms.
7         (c) The membership of the Board should reasonably
8     reflect representation from the various geographic areas
9     of the State.
10         (d) In making appointments to the Board, the Secretary
11     Director shall give due consideration to recommendations
12     by organizations of the speech-language pathology and
13     audiology professions in Illinois, including the Illinois
14     Speech-Language-Hearing Association and the Illinois
15     Academy of Audiology, and shall promptly give due notice to
16     such organizations of any vacancy in the membership of the
17     Board. The Secretary Director may terminate the
18     appointment of any member for any cause, which in the
19     opinion of the Secretary Director, reasonably justifies
20     such termination.
21         (e) A majority of the Board members currently appointed
22     shall constitute a quorum. A vacancy in the membership of
23     the Board shall not impair the right of a quorum to
24     exercise all the rights and perform all the duties of the
25     Board.
26         (f) The members of the Board may shall each receive as

 

 

09500HB0121ham001 - 7 - LRB095 03939 RAS 32747 a

1     compensation a reasonable sum as determined by the
2     Secretary Director for each day actually engaged in the
3     duties of the office, and all legitimate and necessary
4     expenses incurred in attending the meetings of the Board.
5         (g) Members of the Board shall be immune from suit in
6     any action based upon any disciplinary proceedings or other
7     activities performed in good faith as members of the Board.
8         (h) The Secretary Director may consider the
9     recommendations of the Board in establishing guidelines
10     for professional conduct, the conduct of formal
11     disciplinary proceedings brought under this Act, and
12     qualifications of applicants. Notice of proposed
13     rulemaking shall be transmitted to the Board and the
14     Department shall review the response of the Board and any
15     recommendations made in the response. The Department, at
16     any time, may seek the expert advice and knowledge of the
17     Board on any matter relating to the administration or
18     enforcement of this Act.
19         (i) Whenever the Secretary Director is satisfied that
20     substantial justice has not been done either in an
21     examination or in the revocation, suspension, or refusal of
22     a license, or other disciplinary action relating to a
23     license, the Secretary Director may order a reexamination
24     or rehearing.
25 (Source: P.A. 94-528, eff. 8-10-05.)
 

 

 

09500HB0121ham001 - 8 - LRB095 03939 RAS 32747 a

1     (225 ILCS 110/7)  (from Ch. 111, par. 7907)
2     (Section scheduled to be repealed on January 1, 2008)
3     Sec. 7. Licensure requirement.
4     (a) Except as provided in subsection (b), on or after June
5 1, 1989, no person shall practice speech-language pathology or
6 audiology without first applying for and obtaining a license
7 for such purpose from the Department. Except as provided in
8 this Section, on or after January 1, 2002, no person shall
9 perform the functions and duties of a speech-language pathology
10 assistant without first applying for and obtaining a license
11 for that purpose from the Department.
12     (b) A person holding a regular license to practice
13 speech-language pathology or audiology under the laws of
14 another state, a territory of the United States, or the
15 District of Columbia who has made application to the Department
16 for a license to practice speech-language pathology or
17 audiology may practice speech-language pathology or audiology
18 without a license for 90 days from the date of application or
19 until disposition of the license application by the Department,
20 whichever is sooner, if the person (i) holds a Certificate of
21 Clinical Competence from the American Speech-Language-Hearing
22 Association in speech-language pathology or audiology or, in
23 the case of an audiologist, a certificate from the American
24 Board of Audiology and (ii) has not been disciplined and has no
25 disciplinary matters pending in a state, a territory, or the
26 District of Columbia.

 

 

09500HB0121ham001 - 9 - LRB095 03939 RAS 32747 a

1     A person applying for an initial license to practice
2 audiology who is a recent graduate of a Department-approved
3 audiology program may practice as an audiologist for a period
4 of 60 days after the date of application or until disposition
5 of the license application by the Department, whichever is
6 sooner, provided that he or she meets the applicable
7 requirements of Section 8 of this Act.
8 (Source: P.A. 92-510, eff. 6-1-02; 93-112, eff. 1-1-04.)
 
9     (225 ILCS 110/8)  (from Ch. 111, par. 7908)
10     (Section scheduled to be repealed on January 1, 2008)
11     Sec. 8. Qualifications for licenses to practice
12 speech-language pathology or audiology. The Department shall
13 require that each applicant for a license to practice
14 speech-language pathology or audiology shall:
15         (a) (Blank);
16         (b) be at least 21 years of age;
17         (c) not have violated any provisions of Section 16 of
18     this Act;
19         (d) present satisfactory evidence of receiving a
20     master's or doctoral degree in speech-language pathology
21     or audiology from a program approved by the Department.
22     Nothing in this Act shall be construed to prevent any
23     program from establishing higher standards than specified
24     in this Act;
25         (d-5) when applying for an initial license as an

 

 

09500HB0121ham001 - 10 - LRB095 03939 RAS 32747 a

1     audiologist prior to January 1, 2008, present satisfactory
2     evidence of receiving a master's or doctoral degree in
3     audiology from a program approved by the Department. If
4     applying for an initial license on or after January 1,
5     2008, present satisfactory evidence of a doctoral degree in
6     audiology from a program approved by the Department.
7     Nothing in this Act shall be construed to prevent any
8     program from establishing higher standards than specified
9     in this Act;
10         (e) pass a national examination recognized by the
11     Department in the theory and practice of the profession;
12         (f) for a license as a speech-language pathologist,
13     have completed the equivalent of 9 months of supervised
14     experience; and
15         (g) for a license as an audiologist, have completed a
16     minimum of 1,500 clock hours of supervised experience or
17     present evidence of a Doctor of Audiology (AuD) degree.
18     Applicants have 3 years from the date of application to
19 complete the application process. If the process has not been
20 completed within 3 years, the application shall be denied, the
21 fee shall be forfeited, and the applicant must reapply and meet
22 the requirements in effect at the time of reapplication.
23 (Source: P.A. 94-528, eff. 8-10-05.)
 
24     (225 ILCS 110/8.5)
25     (Section scheduled to be repealed on January 1, 2008)

 

 

09500HB0121ham001 - 11 - LRB095 03939 RAS 32747 a

1     Sec. 8.5. Qualifications for licenses as a speech-language
2 pathology assistant. (a) A person is qualified to be licensed
3 as a speech-language pathology assistant if that person has
4 applied in writing on forms prescribed by the Department, has
5 paid the required fees, and meets both of the following
6 criteria:
7         (1) Is of good moral character. In determining moral
8     character, the Department may take into consideration any
9     felony conviction or plea of guilty or nolo contendere of
10     the applicant, but such a conviction or plea shall not
11     operate automatically as a complete bar to licensure.
12         (2) Has received an associate degree from a
13     speech-language pathology assistant program that has been
14     approved by the Department and that meets the minimum
15     requirements set forth in Section 8.6 or has received,
16     prior to June 1, 2003, an associate degree from a
17     speech-language pathology assistant program approved by
18     the Illinois Community College Board. (b) Until July 1,
19     2005, a person holding a bachelor's level degree in
20     communication disorders who was employed to assist a
21     speech-language pathologist on June 1, 2002 (the effective
22     date of P.A. 92-510) shall be eligible to receive a license
23     as a speech-language pathology assistant from the
24     Department upon completion of forms prescribed by the
25     Department and the payment of the required fee.
26 (Source: P.A. 93-1060, eff. 12-23-04; 94-869, eff. 6-16-06.)
 

 

 

09500HB0121ham001 - 12 - LRB095 03939 RAS 32747 a

1     (225 ILCS 110/10)  (from Ch. 111, par. 7910)
2     (Section scheduled to be repealed on January 1, 2008)
3     Sec. 10. Roster List of speech-language pathologists and
4 audiologists. The Department shall maintain a roster list of
5 the names and addresses of the speech-language pathologists,
6 speech-language pathology assistants, and audiologists. Such
7 lists shall also be mailed by the Department to any person upon
8 request and payment of the required fee.
9 (Source: P.A. 92-510, eff. 6-1-02.)
 
10     (225 ILCS 110/11)  (from Ch. 111, par. 7911)
11     (Section scheduled to be repealed on January 1, 2008)
12     Sec. 11. Expiration, renewal and restoration of licenses.
13     (a) The expiration date and renewal period for each license
14 issued under this Act shall be set by rule. A speech-language
15 pathologist, speech-language pathology assistant, or
16 audiologist may renew such license during the month preceding
17 the expiration date thereof by paying the required fee.
18     (a-5) All renewal applicants shall provide proof as
19 determined by the Department of having met the continuing
20 education requirements set forth in the rules of the
21 Department. At a minimum, the rules shall require a renewal
22 applicant for licensure as a speech-language pathologist or
23 audiologist to provide proof of completing at least 20 clock
24 hours of continuing education during the 2-year licensing cycle

 

 

09500HB0121ham001 - 13 - LRB095 03939 RAS 32747 a

1 for which he or she is currently licensed. An audiologist who
2 has met the continuing education requirements of the Hearing
3 Instrument Consumer Protection Act during an equivalent
4 licensing cycle under this Act shall be deemed to have met the
5 continuing education requirements of this Act. At a minimum,
6 the rules shall require a renewal applicant for licensure as a
7 speech-language pathology assistant to provide proof of
8 completing at least 10 clock hours of continuing education
9 during the 2-year period for which he or she currently holds a
10 license. The Department shall provide by rule for an orderly
11 process for the reinstatement of licenses that have not been
12 renewed for failure to meet the continuing education
13 requirements. The continuing education requirements may be
14 waived in cases of extreme hardship as defined by rule of the
15 Department.
16     The Department shall establish by rule a means for the
17 verification of completion of the continuing education
18 required by this Section. This verification may be accomplished
19 through audits of records maintained by licensees, by requiring
20 the filing of continuing education certificates with the
21 Department, or by other means established by the Department.
22     (b) Inactive status.
23         (1) Any licensee who notifies the Department in writing
24     on forms prescribed by the Department may elect to place
25     his or her license on an inactive status and shall, subject
26     to rules of the Department, be excused from payment of

 

 

09500HB0121ham001 - 14 - LRB095 03939 RAS 32747 a

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

 

 

09500HB0121ham001 - 15 - LRB095 03939 RAS 32747 a

1 license is deemed to be practicing without a license.
2     (e) If a person whose license has expired has not
3 maintained active practice in another jurisdiction, the
4 Department shall determine, by an evaluation process
5 established by rule, his or her fitness to resume active status
6 and may require the person to complete a period of evaluated
7 clinical experience, and may require successful completion of
8 an examination.
9     (f) Any person whose license has expired while he or she
10 has been engaged (1) in federal or State service on active
11 duty, or (2) in training or education under the supervision of
12 the United States preliminary to induction into the military
13 service, may have his or her license restored without paying
14 any lapsed renewal or restoration fee, if within 2 years after
15 termination of such service, training or education he or she
16 furnishes the Department with satisfactory proof that he or she
17 has been so engaged and that his or her service, training or
18 education has been so terminated.
19 (Source: P.A. 92-510, eff. 6-1-02.)
 
20     (225 ILCS 110/13)  (from Ch. 111, par. 7913)
21     (Section scheduled to be repealed on January 1, 2008)
22     Sec. 13. Licensing applicants from other states.
23     Upon payment of the required fee, an applicant who is a
24 speech-language pathologist, speech-language pathology
25 assistant, or audiologist licensed under the laws of another

 

 

09500HB0121ham001 - 16 - LRB095 03939 RAS 32747 a

1 state or territory of the United States, may shall without
2 examination be granted a license as a speech-language
3 pathologist, speech-language pathology assistant, or
4 audiologist by the Department:
5     (a) whenever the requirements of such state or territory of
6 the United States were at the date of licensure substantially
7 equal to the requirements then in force in this State; or
8     (b) whenever such requirements of another state or
9 territory of the United States together with educational and
10 professional qualifications, as distinguished from practical
11 experience, of the applicant since obtaining a license as
12 speech-language pathologist, speech-language pathology
13 assistant, or audiologist in such state or territory of the
14 United States are substantially equal to the requirements in
15 force in Illinois at the time of application for licensure as a
16 speech-language pathologist, speech-language pathology
17 assistant, or audiologist.
18     Applicants have 3 years from the date of application to
19 complete the application process. If the process has not been
20 completed within 3 years, the application shall be denied, the
21 fee shall be forfeited, and the applicant must reapply and meet
22 the requirements in effect at the time of reapplication.
23 (Source: P.A. 92-510, eff. 6-1-02.)
 
24     (225 ILCS 110/15)  (from Ch. 111, par. 7915)
25     (Section scheduled to be repealed on January 1, 2008)

 

 

09500HB0121ham001 - 17 - LRB095 03939 RAS 32747 a

1     Sec. 15. Returned checks; Penalties. Any person who
2 delivers a check or other payment to the Department that is
3 returned to the Department unpaid by the financial institution
4 upon which it is drawn shall pay to the Department, in addition
5 to the amount already owed to the Department, a fine of $50.
6 The fines imposed by this Section are in addition to any other
7 discipline provided under this Act for unlicensed practice or
8 practice on a nonrenewed license. The Department shall notify
9 the person that payment of fees and fines shall be paid to the
10 Department by certified check or money order within 30 calendar
11 days of the notification. If, after the expiration of 30 days
12 from the date of the notification, the person has failed to
13 submit the necessary remittance, the Department shall
14 automatically terminate the license or certificate or deny the
15 application, without hearing. If, after termination or denial,
16 the person seeks a license or certificate, he or she shall
17 apply to the Department for restoration or issuance of the
18 license or certificate and pay all fees and fines due to the
19 Department. The Department may establish a fee for the
20 processing of an application for restoration of a license or
21 certificate to pay all expenses of processing this application.
22 The Secretary Director may waive the fines due under this
23 Section in individual cases where the Secretary Director finds
24 that the fines would be unreasonable or unnecessarily
25 burdensome.
26 (Source: P.A. 92-146, eff. 1-1-02.)
 

 

 

09500HB0121ham001 - 18 - LRB095 03939 RAS 32747 a

1     (225 ILCS 110/16)  (from Ch. 111, par. 7916)
2     (Section scheduled to be repealed on January 1, 2008)
3     Sec. 16. Refusal, revocation or suspension of licenses.
4     (1) The Department may refuse to issue or renew, or may
5 revoke, suspend, place on probation, censure, reprimand or take
6 other disciplinary or non-disciplinary action as the
7 Department may deem proper, including fines not to exceed
8 $10,000 $5,000 for each violation, with regard to any license
9 for any one or combination of the following causes:
10         (a) Fraud in procuring the license.
11         (b) (Blank). Habitual intoxication or addiction to the
12     use of drugs.
13         (c) Willful or repeated violations of the rules of the
14     Department of Public Health.
15         (d) Division of fees or agreeing to split or divide the
16     fees received for speech-language pathology or audiology
17     services with any person for referring an individual, or
18     assisting in the care or treatment of an individual,
19     without the knowledge of the individual or his or her legal
20     representative.
21         (e) Employing, procuring, inducing, aiding or abetting
22     a person not licensed as a speech-language pathologist or
23     audiologist to engage in the unauthorized practice of
24     speech-language pathology or audiology.
25         (e-5) Employing, procuring, inducing, aiding, or

 

 

09500HB0121ham001 - 19 - LRB095 03939 RAS 32747 a

1     abetting a person not licensed as a speech-language
2     pathology assistant to perform the functions and duties of
3     a speech-language pathology assistant.
4         (f) Making any misrepresentations or false promises,
5     directly or indirectly, to influence, persuade or induce
6     patronage.
7         (g) Professional connection or association with, or
8     lending his or her name to another for the illegal practice
9     of speech-language pathology or audiology by another, or
10     professional connection or association with any person,
11     firm or corporation holding itself out in any manner
12     contrary to this Act.
13         (h) Obtaining or seeking to obtain checks, money, or
14     any other things of value by false or fraudulent
15     representations, including but not limited to, engaging in
16     such fraudulent practice to defraud the medical assistance
17     program of the Department of Healthcare and Family Services
18     (formerly Department of Public Aid).
19         (i) Practicing under a name other than his or her own.
20         (j) Improper, unprofessional or dishonorable conduct
21     of a character likely to deceive, defraud or harm the
22     public.
23         (k) Conviction of or entry of a plea of guilty or nolo
24     contendere to any crime that in this or another state of
25     any crime which is a felony under the laws of the United
26     States or any state or territory thereof, or that is a

 

 

09500HB0121ham001 - 20 - LRB095 03939 RAS 32747 a

1     misdemeanor of which an essential element is dishonesty, or
2     that is directly related to the practice of the profession
3     this State or conviction of a felony in a federal court, if
4     the Department determines, after investigation, that such
5     person has not been sufficiently rehabilitated to warrant
6     the public trust.
7         (1) Permitting a person under his or her supervision to
8     perform any function not authorized by this Act.
9         (m) A violation of any provision of this Act or rules
10     promulgated thereunder.
11         (n) Discipline Revocation by another state, the
12     District of Columbia, territory, or foreign nation of a
13     license to practice speech-language pathology or audiology
14     or a license to practice as a speech-language pathology
15     assistant in its jurisdiction if at least one of the
16     grounds for that discipline revocation is the same as or
17     the equivalent of one of the grounds for discipline
18     revocation set forth herein.
19         (o) Willfully failing to report an instance of
20     suspected child abuse or neglect as required by the Abused
21     and Neglected Child Reporting Act.
22         (p) Gross or repeated malpractice resulting in injury
23     or death of an individual.
24         (q) Willfully making or filing false records or reports
25     in his or her practice as a speech-language pathologist,
26     speech-language pathology assistant, or audiologist,

 

 

09500HB0121ham001 - 21 - LRB095 03939 RAS 32747 a

1     including, but not limited to, false records to support
2     claims against the public assistance program of the
3     Department of Healthcare and Family Services (formerly
4     Illinois Department of Public Aid).
5         (r) Professional incompetence as manifested by poor
6     standards of care or mental incompetence as declared by a
7     court of competent jurisdiction.
8         (s) Repeated irregularities in billing a third party
9     for services rendered to an individual. For purposes of
10     this Section, "irregularities in billing" shall include:
11             (i) reporting excessive charges for the purpose of
12         obtaining a total payment in excess of that usually
13         received by the speech-language pathologist,
14         speech-language pathology assistant, or audiologist
15         for the services rendered;
16             (ii) reporting charges for services not rendered;
17         or
18             (iii) incorrectly reporting services rendered for
19         the purpose of obtaining payment not earned.
20         (t) (Blank).
21         (u) Violation of the Health Care Worker Self-Referral
22     Act.
23         (v) Inability Physical illness, including but not
24     limited to deterioration through the aging process or loss
25     of motor skill, mental illness, or disability that results
26     in the inability to practice the profession with reasonable

 

 

09500HB0121ham001 - 22 - LRB095 03939 RAS 32747 a

1     judgment, skill, or safety as a result of habitual or
2     excessive use of or addiction to alcohol, narcotics, or
3     stimulants or any other chemical agent or drug or as a
4     result of physical illness, including, but not limited to,
5     deterioration through the aging process or loss of motor
6     skill, mental illness, or disability.
7         (w) Violation of the Hearing Instrument Consumer
8     Protection Act.
9         (x) Failure by a speech-language pathology assistant
10     and supervising speech-language pathologist to comply with
11     the supervision requirements set forth in Section 8.8.
12         (y) Wilfully exceeding the scope of duties customarily
13     undertaken by speech-language pathology assistants set
14     forth in Section 8.7 that results in, or may result in,
15     harm to the public.
16     (2) The Department shall deny a license or renewal
17 authorized by this Act to any person who has defaulted on an
18 educational loan guaranteed by the Illinois State Scholarship
19 Commission; however, the Department may issue a license or
20 renewal if the aforementioned persons have established a
21 satisfactory repayment record as determined by the Illinois
22 State Scholarship Commission.
23     (3) The entry of an order by a circuit court establishing
24 that any person holding a license under this Act is subject to
25 involuntary admission or judicial admission as provided for in
26 the Mental Health and Developmental Disabilities Code,

 

 

09500HB0121ham001 - 23 - LRB095 03939 RAS 32747 a

1 operates as an automatic suspension of that license. That
2 person may have his or her license restored only upon the
3 determination by a circuit court that the patient is no longer
4 subject to involuntary admission or judicial admission and the
5 issuance of an order so finding and discharging the patient,
6 and upon the Board's recommendation to the Department that the
7 license be restored. Where the circumstances so indicate, the
8 Board may recommend to the Department that it require an
9 examination prior to restoring any license automatically
10 suspended under this subsection.
11     (4) The Department may refuse to issue or may suspend the
12 license of any person who fails to file a return, or to pay the
13 tax, penalty, or interest shown in a filed return, or to pay
14 any final assessment of the tax penalty or interest, as
15 required by any tax Act administered by the Department of
16 Revenue, until such time as the requirements of any such tax
17 Act are satisfied.
18     (5) In enforcing this Section, the Board upon a showing of
19 a possible violation may compel an individual licensed to
20 practice under this Act, or who has applied for licensure
21 pursuant to this Act, to submit to a mental or physical
22 examination, or both, as required by and at the expense of the
23 Department. The examining physicians or clinical psychologists
24 shall be those specifically designated by the Board. The
25 individual to be examined may have, at his or her own expense,
26 another physician or clinical psychologist of his or her choice

 

 

09500HB0121ham001 - 24 - LRB095 03939 RAS 32747 a

1 present during all aspects of this examination. Failure of any
2 individual to submit to a mental or physical examination, when
3 directed, shall be grounds for suspension of his or her license
4 until the individual submits to the examination if the Board
5 finds, after notice and hearing, that the refusal to submit to
6 the examination was without reasonable cause.
7     If the Board finds an individual unable to practice because
8 of the reasons set forth in this Section, the Board may require
9 that individual to submit to care, counseling, or treatment by
10 physicians or clinical psychologists approved or designated by
11 the Board, as a condition, term, or restriction for continued,
12 reinstated, or renewed licensure to practice; or, in lieu of
13 care, counseling, or treatment, the Board may recommend to the
14 Department to file a complaint to immediately suspend, revoke,
15 or otherwise discipline the license of the individual. Any
16 individual whose license was granted, continued, reinstated,
17 renewed, disciplined or supervised subject to such terms,
18 conditions, or restrictions, and who fails to comply with such
19 terms, conditions, or restrictions, shall be referred to the
20 Secretary Director for a determination as to whether the
21 individual shall have his or her license suspended immediately,
22 pending a hearing by the Board.
23     In instances in which the Secretary Director immediately
24 suspends a person's license under this Section, a hearing on
25 that person's license must be convened by the Board within 15
26 days after the suspension and completed without appreciable

 

 

09500HB0121ham001 - 25 - LRB095 03939 RAS 32747 a

1 delay. The Board shall have the authority to review the subject
2 individual's record of treatment and counseling regarding the
3 impairment to the extent permitted by applicable federal
4 statutes and regulations safeguarding the confidentiality of
5 medical records.
6     An individual licensed under this Act and affected under
7 this Section shall be afforded an opportunity to demonstrate to
8 the Board that he or she can resume practice in compliance with
9 acceptable and prevailing standards under the provisions of his
10 or her license.
11 (Source: P.A. 91-949, eff. 2-9-01; 92-510, eff. 6-1-02; revised
12 12-15-05.)
 
13     (225 ILCS 110/17)  (from Ch. 111, par. 7917)
14     (Section scheduled to be repealed on January 1, 2008)
15     Sec. 17. Investigations; notice; hearings of hearing.
16 Licenses may be refused, revoked, or suspended in the manner
17 provided by this Act and not otherwise. The Department may upon
18 its own motion and shall upon the verified complaint in writing
19 of any person setting forth facts that if proven would
20 constitute grounds for refusal to issue, suspend, or revoke
21 under this Act, investigate the actions of any person applying
22 for, holding, or claiming to hold a license.
23     The Department shall, before refusing to issue or renew or
24 suspending or revoking any license or taking other disciplinary
25 action pursuant to Section 16 of this Act, and at least 30 days

 

 

09500HB0121ham001 - 26 - LRB095 03939 RAS 32747 a

1 prior to the date set for the hearing, notify, in writing, the
2 applicant for or the holder of such license of any charges
3 made, afford the accused person an opportunity to be heard in
4 person or by counsel in reference thereto, and direct the
5 applicant or licensee to file a written answer to the Board
6 under oath within 20 days after the service of the notice and
7 inform the applicant or licensee that failure to file an answer
8 will result in default being taken against the applicant or
9 licensee and that the license or certificate may be suspended,
10 revoked, placed on probationary status, or other disciplinary
11 action may be taken, including limiting the scope, nature, or
12 extent of practice, as the Secretary may deem proper. Written
13 notice may be served by delivery of the same personally to the
14 accused person or by mailing the same by certified mail to his
15 or her last known place of residence or to the place of
16 business last specified by the accused person in his or her
17 last notification to the Department. In case the person fails
18 to file an answer after receiving notice, his or her license or
19 certificate may, in the discretion of the Department, be
20 suspended, revoked, or placed on probationary status or the
21 Department may take whatever disciplinary action deemed
22 proper, including limiting the scope, nature, or extent of the
23 person's practice or the imposition of a fine, without a
24 hearing, if the act or acts charged constitute sufficient
25 grounds for such action under this Act.
26     At the time and place fixed in the notice, the Board shall

 

 

09500HB0121ham001 - 27 - LRB095 03939 RAS 32747 a

1 proceed to hearing of the charges and both the accused person
2 and the complainant shall be accorded ample opportunity to
3 present, in person or by counsel, any statements, testimony,
4 evidence, and arguments as may be pertinent to the charges or
5 to their defense. The Board may continue such hearing from time
6 to time. If the Board is not sitting at the time and place
7 fixed in the notice or at the time and place to which the
8 hearing shall have been continued, the Department shall
9 continue such hearing for a period not to exceed 30 days. Upon
10 the motion of either the Department or the Board or upon the
11 verified complaint in writing of any person setting forth facts
12 that if proven would constitute grounds for refusal to issue,
13 suspension, or revocation of a license or for taking any other
14 disciplinary action with regard to a license under this Act,
15 the Department shall investigate the actions of any person,
16 hereinafter called the "licensee", who holds or represents that
17 he or she holds a license. All such motions or complaints shall
18 be brought to the Board.
19          The Director shall, before refusing to issue,
20 suspending, revoking, placing on probationary status, or
21 taking any other disciplinary action as the Director may deem
22 proper with regard to any license, at least 30 days prior to
23 the date set for the hearing, notify the licensee in writing of
24 any charges made and the time and place for a hearing of the
25 charges before the Board. The Board shall also direct him to
26 file his or her written answer thereto with the Board under

 

 

09500HB0121ham001 - 28 - LRB095 03939 RAS 32747 a

1 oath within 20 days after the service on him of such notice,
2 and inform him that if he or she fails to file such answer, his
3 or her license may be suspended, revoked, placed on
4 probationary status or other disciplinary action may be taken
5 with regard thereto, including limiting the scope, nature or
6 extent of his or her practice as the Director may deem proper.
7      Such written notice and any notice in such proceeding
8 thereafter may be served by delivery personally to the
9 licensee, or by registered or certified mail to the address
10 specified by the licensee in his or her last notification to
11 the Director.
12 (Source: P.A. 90-69, eff. 7-8-97.)
 
13     (225 ILCS 110/18)  (from Ch. 111, par. 7918)
14     (Section scheduled to be repealed on January 1, 2008)
15     Sec. 18. Temporary suspension of license Disciplinary
16 actions. (a) In case the licensee, after receiving notice,
17 fails to file an answer, his or her license may, in the
18 discretion of the Director, having first received the
19 recommendation of the Board, be suspended, revoked, placed on
20 probationary status or the Director may take whatever
21 disciplinary action he or she may deem proper, including
22 limiting the scope, nature, or extent of the person's practice
23 or the imposition of a fine, without a hearing, if the act or
24 acts charged constitute sufficient grounds for such action
25 under this Act. (b) The Secretary Director may temporarily

 

 

09500HB0121ham001 - 29 - LRB095 03939 RAS 32747 a

1 suspend the license of a speech-language pathologist,
2 speech-language pathology assistant, or audiologist without a
3 hearing, simultaneous to the institution of proceedings for a
4 hearing under this Act, if the Secretary Director finds that
5 evidence in his or her possession indicates that a
6 speech-language pathologist's, speech-language pathology
7 assistant's, or an audiologist's continuation in practice
8 would constitute an immediate danger to the public. In the
9 event that the Secretary Director temporarily suspends the
10 license of a speech-language pathologist, speech-language
11 pathology assistant, or audiologist without a hearing, a
12 hearing by the Board must be held within 15 days after such
13 suspension has occurred and concluded without appreciable
14 delay.
15 (Source: P.A. 92-510, eff. 6-1-02.)
 
16     (225 ILCS 110/19)  (from Ch. 111, par. 7919)
17     (Section scheduled to be repealed on January 1, 2008)
18     Sec. 19. Subpoenas; depositions; oaths Hearings. At the
19 time and place fixed in the notice under Section 17, the Board
20 shall proceed to hear the charges and both the licensee and the
21 complainant shall be accorded ample opportunity to present in
22 person, or by counsel, such statements, testimony, evidence and
23 arguments as may be pertinent to the charges or to any defense
24 thereto. The Board may continue such hearing from time to time.
25 If the Board is not sitting at the time and place fixed in the

 

 

09500HB0121ham001 - 30 - LRB095 03939 RAS 32747 a

1 notice or at the time and place to which the hearing has been
2 continued, the Department shall continue such hearing for a
3 period not to exceed 30 days.
4     The Board and Department has the shall have power to
5 subpoena documents, books, records, or other materials and
6 bring before it the Board any person in this State and to take
7 testimony either orally or by deposition, or both, with the
8 same fees and mileage and in the same manner as is prescribed
9 in civil cases in the courts of this State by law pursuant to
10 "An Act concerning fees and salaries, and to classify the
11 several counties of this State with reference thereto",
12 approved March 28, 1874, as amended.
13     The Secretary, the designated hearing officer, Director
14 and every any member of the Board has the shall have power to
15 administer oaths to witnesses at any hearing that which the
16 Department or Board is authorized by law to conduct and any
17 other oaths authorized in any Act administered by the
18 Department.
19 (Source: P.A. 85-1391.)
 
20     (225 ILCS 110/20)  (from Ch. 111, par. 7920)
21     (Section scheduled to be repealed on January 1, 2008)
22     Sec. 20. Attendance of Witnesses, Production of Documents.
23 Any circuit court, upon the application of the licensee or
24 complainant or of the Department or designated hearing officer
25 or Board, may enter an order requiring the attendance of

 

 

09500HB0121ham001 - 31 - LRB095 03939 RAS 32747 a

1 witnesses and their testimony and the production of documents,
2 papers, files, books, and records in connection with any
3 hearing or investigation relevant books and papers before the
4 Board in any hearing relative to the application for or
5 refusal, recall, suspension or revocation of a license. The
6 court may compel obedience to its order by proceedings for
7 contempt.
8 (Source: P.A. 85-1391.)
 
9     (225 ILCS 110/21)  (from Ch. 111, par. 7921)
10     (Section scheduled to be repealed on January 1, 2008)
11     Sec. 21. Findings and recommendations Recommendations for
12 disciplinary action. At the conclusion of a hearing, the Board
13 shall present to the Secretary a written report of its findings
14 of fact, conclusions of law, and recommendations. The report
15 shall contain a finding of whether or not the accused person
16 violated this Act or its rules or failed to comply with the
17 conditions required in this Act or its rules. The Board shall
18 specify the nature of any violations or failure to comply and
19 shall make its recommendations to the Secretary.
20     In making recommendations for any disciplinary actions,
21 the Board may take into consideration all facts and
22 circumstances bearing upon the reasonableness of the conduct of
23 the accused and the potential for future harm to the public,
24 including, but not limited to, previous discipline of the
25 accused by the Department, intent, degree of harm to the

 

 

09500HB0121ham001 - 32 - LRB095 03939 RAS 32747 a

1 public, likelihood of harm in the future, any restitution made
2 by the accused, and whether the incident or incidents contained
3 in the complaint appear to be isolated or represent a
4 continuing pattern of conduct. In making its recommendations
5 for discipline, the Board shall endeavor to ensure that the
6 severity of the discipline recommended is reasonably related to
7 the severity of the violation.
8     The report of findings of fact, conclusions of law, and
9 recommendation of the Board shall be the basis for the
10 Department's order refusing to issue, restore, or renew a
11 license, or otherwise disciplining a licensee. If the Secretary
12 disagrees with the recommendations of the Board, the Secretary
13 may issue an order in contravention of the Board
14 recommendations. Board findings are not admissible as evidence
15 against the person in a criminal prosecution brought for a
16 violation of this Act; however, the hearing and findings shall
17 not serve as a bar to criminal prosecution brought for a
18 violation of this Act. The Board may advise the Director that
19 probation be granted or that other disciplinary action,
20 including the limitation of the scope, nature or extent of a
21 person's practice, be taken, as it deems proper. If
22 disciplinary action other than suspension or revocation is
23 taken, the 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

 

 

09500HB0121ham001 - 33 - LRB095 03939 RAS 32747 a

1 reporting by the licensee to the Director of his or her
2 actions, or the licensee placing himself under the care of a
3 qualified physician for treatment or limiting his or her
4 practice in such manner as the Director may require.
5     The Board shall present to the Director a written report of
6 its findings and recommendations. A copy of such report shall
7 be served upon the licensee, either personally or by registered
8 or certified mail. Within 20 days after such service, the
9 licensee may present to the Department his or her motion in
10 writing for a rehearing, specifying the particular grounds
11 therefor. If the licensee orders and pays for a transcript of
12 the record, the time elapsing thereafter and before such
13 transcript is ready for delivery to him shall not be counted as
14 part of such 20 days.
15     At the expiration of the time allowed for filing a motion
16 for rehearing, the Director may take the action recommended by
17 the Board. Upon suspension, revocation, placement on
18 probationary status, or the taking of any other disciplinary
19 action, including the limiting of the scope, nature, or extent
20 of one's practice, deemed proper by the Director, with regard
21 to the license, the licensee shall surrender his or her license
22 to the Department if ordered to do so by the Department and
23 upon his or her failure or refusal to do so, the Department may
24 seize such license.
25     In all instances under this Act in which the Board has
26 rendered a recommendation to the Director with respect to a

 

 

09500HB0121ham001 - 34 - LRB095 03939 RAS 32747 a

1 particular person, the Director shall notify the Board if he or
2 she disagrees with or takes action contrary to the
3 recommendation of the Board.
4     Each order of revocation, suspension or other disciplinary
5 action shall contain a brief and concise statement of the
6 ground or grounds upon which the Department's action is based,
7 as well as the specific terms and conditions of such action.
8 (Source: P.A. 90-69, eff. 7-8-97)
 
9     (225 ILCS 110/21.1 new)
10     Sec. 21.1. Board; rehearing. At the conclusion of the
11 hearing, a copy of the Board's report shall be served upon the
12 applicant or licensee by the Department, either personally or
13 as provided in this Act for the service of a notice of hearing.
14 Within 20 days after service, the applicant or licensee may
15 present to the Department a motion, in writing, for a
16 rehearing, which shall specify the particular grounds for
17 rehearing. The Department may respond to the motion for
18 rehearing within 20 days after its service on the Department.
19 If no motion for rehearing is filed, then upon the expiration
20 of the time specified for filing such a motion, or if a motion
21 for rehearing is denied, then upon denial, the Secretary may
22 enter an order in accordance with recommendations of the Board
23 except as provided in Section 22 of this Act. If the applicant
24 or licensee orders from the reporting service and pays for a
25 transcript of the record within the time for filing a motion

 

 

09500HB0121ham001 - 35 - LRB095 03939 RAS 32747 a

1 for rehearing, the 20-day period within which a motion may be
2 filed shall commence upon the delivery of the transcript to the
3 applicant or licensee.
 
4     (225 ILCS 110/21.2 new)
5     Sec. 21.2. Secretary; rehearing. Whenever the Secretary
6 believes that substantial justice has not been done in the
7 revocation, suspension, or refusal to issue, restore, or renew
8 a license or other discipline of an applicant or licensee, he
9 or she may order a rehearing by the same or other examiners.
 
10     (225 ILCS 110/22)  (from Ch. 111, par. 7922)
11     (Section scheduled to be repealed on January 1, 2008)
12     Sec. 22. Appointment of a hearing officer. The Secretary
13 Director shall have the authority to appoint any attorney duly
14 licensed to practice law in the State of Illinois to serve as
15 the hearing officer for any action for refusal to issue, renew
16 or discipline of a license. The hearing officer shall have full
17 authority to conduct the hearing. Board members may attend
18 hearings. The hearing officer shall report his or her findings
19 and recommendations to the Board and the Secretary Director.
20 The Board shall have 60 days after receipt of the report to
21 review the report of the hearing officer and present its
22 findings of fact, conclusions of law and recommendations to the
23 Secretary and to all parties to the proceedings Director. If
24 the Board fails to present its report within the 60-day period,

 

 

09500HB0121ham001 - 36 - LRB095 03939 RAS 32747 a

1 the Director may issue an order based on the report of the
2 hearing officer. If the Secretary Director disagrees in any
3 regard with the Board's report, he or she may issue an order in
4 contravention of the Board's report.
5 (Source: P.A. 90-69, eff. 7-8-97.)
 
6     (225 ILCS 110/23)  (from Ch. 111, par. 7923)
7     (Section scheduled to be repealed on January 1, 2008)
8     Sec. 23. Restoration. At any time after suspension,
9 revocation, placement on probationary status, or the taking of
10 any other disciplinary action with regard to any license, the
11 Department may restore the license, or take any other action to
12 reinstate the license to good standing, without examination,
13 upon the written recommendation of the Board, unless after an
14 investigation and a hearing, the Board determines that
15 restoration is not in the public interest.
16 (Source: P.A. 85-1391.)
 
17     (225 ILCS 110/24)  (from Ch. 111, par. 7924)
18     (Section scheduled to be repealed on January 1, 2008)
19     Sec. 24. Review under the Administrative Review Law -
20 Application.
21     All final administrative decisions of the Department
22 hereunder shall be are subject to judicial review pursuant to
23 the provisions of the Administrative Review Law and all
24 amendments and modifications thereof and rules adopted thereto

 

 

09500HB0121ham001 - 37 - LRB095 03939 RAS 32747 a

1 Article III of the Code of Civil Procedure, and the rules
2 adopted pursuant thereto. The term "administrative decision"
3 is defined as in Section 3-101 of the Code of Civil Procedure.
4     Such proceedings for judicial review shall be commenced in
5 the circuit court of the county in which the party applying for
6 review resides, but if such party is not a resident of this
7 State, the venue shall be in Sangamon County.
8     The Department shall not be required to certify any record
9 to the court or file any answer in court or otherwise appear in
10 any court in a judicial review proceeding, unless there is
11 filed in the court with the complaint a receipt from the
12 Department acknowledging payment of the costs of furnishing and
13 certifying the record, which costs shall be computed at the
14 rate of 20 cents per page of such record. Exhibits shall be
15 certified without cost. Failure on the part of the plaintiff to
16 file such receipt in court shall be grounds for dismissal of
17 the action. During the pendency and hearing of any and all
18 judicial proceedings incident to such disciplinary action, any
19 sanctions imposed upon the licensee by the Department shall
20 remain in full force and effect.
21 (Source: P.A. 85-1391.)
 
22     (225 ILCS 110/24.1 new)
23     Sec. 24.1. Certifications of record; costs. The Department
24 shall not be required to certify any record to the court, to
25 file an answer in court, or to otherwise appear in any court in

 

 

09500HB0121ham001 - 38 - LRB095 03939 RAS 32747 a

1 a judicial review proceeding unless there is filed in the
2 court, with the complaint, a receipt from the Department
3 acknowledging payment of the costs of furnishing and certifying
4 the record, which costs shall be determined by the Department.
5 Failure on the part of the plaintiff to file the receipt in
6 court is grounds for dismissal of the action.
 
7     (225 ILCS 110/25)  (from Ch. 111, par. 7925)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 25. Order or certified copy; prima facie proof
10 Revocation Orders. An order of revocation, suspension,
11 placement on probationary status or other formal disciplinary
12 action as the Department may deem proper, or a certified copy
13 thereof, over the seal of the Department and purporting to be
14 signed by the Secretary Director of the Department, is prima
15 facie proof that:
16     (a) the such signature is the genuine signature of the
17 Secretary Director;
18     (b) the Secretary Director is duly appointed and qualified;
19 and
20     (c) the Board and its the members thereof are qualified to
21 act.
22 (Source: P.A. 85-1391.)
 
23     (225 ILCS 110/28)  (from Ch. 111, par. 7928)
24     (Section scheduled to be repealed on January 1, 2008)

 

 

09500HB0121ham001 - 39 - LRB095 03939 RAS 32747 a

1     Sec. 28. Injunction. The practice of speech-language
2 pathology or audiology by any person not holding a valid and
3 current license under this Act or a person performing the
4 functions and duties of a speech-language pathology assistant
5 without a valid and current license under this Act, is declared
6 to be inimical to the public welfare, to constitute a public
7 nuisance, and to cause irreparable harm to the public welfare.
8 The Secretary Director, the Attorney General, the State's
9 attorney of any county in the State or any person may maintain
10 an action in the name of the People of the State of Illinois,
11 and may apply for an injunction in any circuit court to enjoin
12 any such person from engaging in such practice. Upon the filing
13 of a verified petition in such court, the court or any judge
14 thereof, if satisfied by affidavit, or otherwise, that such
15 person has been engaged in such practice without a valid and
16 current license, may issue a temporary injunction without
17 notice or bond, enjoining the defendant from any such further
18 practice. Only the showing of nonlicensure, by affidavit or
19 otherwise, is necessary in order for a temporary injunction to
20 issue. A copy of the verified complaint shall be served upon
21 the defendant and the proceedings shall thereafter be conducted
22 as in other civil cases except as modified by this Section. If
23 it is established that the defendant has been, or is engaged in
24 any such unlawful practice, the court, or any judge thereof,
25 may enter an order or judgment perpetually enjoining the
26 defendant from further such practice. In all proceedings

 

 

09500HB0121ham001 - 40 - LRB095 03939 RAS 32747 a

1 hereunder, the court, in its discretion, may apportion the
2 costs among the parties interested in the suit, including cost
3 of filing the complaint, service of process, witness fees and
4 expenses, court reporter charges and reasonable attorneys'
5 fees. In case of violation of any injunction issued under the
6 provisions of this Section, the court or any judge thereof may
7 summarily try and punish the offender for contempt of court.
8 Such injunction proceedings shall be in addition to, and not in
9 lieu of, all penalties and other remedies provided in this Act.
10 (Source: P.A. 92-510, eff. 6-1-02.)
 
11     (225 ILCS 110/28.5)
12     (Section scheduled to be repealed on January 1, 2008)
13     Sec. 28.5. Cease and desist order. If any person violates
14 the provisions of this Act, the Secretary Director, in the name
15 of the People of the State of Illinois, through the Attorney
16 General or the State's Attorney of the county in which the
17 violation is alleged to have occurred, may petition for an
18 order enjoining the violation or for an order enforcing
19 compliance with this Act. Upon the filing of a verified
20 petition, the court with appropriate jurisdiction may issue a
21 temporary restraining order, without notice or bond, and may
22 preliminarily and permanently enjoin the violation. If it is
23 established that the person has violated or is violating the
24 injunction, the court may punish the offender for contempt of
25 court. Proceedings under this Section are in addition to, and

 

 

09500HB0121ham001 - 41 - LRB095 03939 RAS 32747 a

1 not in lieu of, all other remedies and penalties provided by
2 this Act.
3     Whenever, in the opinion of the Department, a person
4 violates any provision of this Act, the Department may issue a
5 rule to show cause why an order to cease and desist should not
6 be entered against that person. The rule shall clearly set
7 forth the grounds relied upon by the Department and shall allow
8 at least 7 days from the date of the rule to file an answer
9 satisfactory to the Department. Failure to answer to the
10 satisfaction of the Department shall cause an order to cease
11 and desist to be issued.
12 (Source: P.A. 90-69, eff. 7-8-97.)
 
13     (225 ILCS 110/29)  (from Ch. 111, par. 7929)
14     (Section scheduled to be repealed on January 1, 2008)
15     Sec. 29. Penalty of unlawful practice - second and
16 subsequent offenses. Any person who practices or offers to
17 practice speech-language pathology or audiology or performs
18 the functions and duties of a speech-language pathology
19 assistant in this State without being licensed for that
20 purpose, or whose license has been suspended or revoked, or who
21 violates any of the provisions of this Act, for which no
22 specific penalty has been provided herein, is guilty of a Class
23 A misdemeanor.
24     Any person who has been previously convicted under any of
25 the provisions of this Act and who subsequently violates any of

 

 

09500HB0121ham001 - 42 - LRB095 03939 RAS 32747 a

1 the provisions of this Act is guilty of a Class 4 felony. In
2 addition, whenever any person is punished as a subsequent
3 offender under this Section, the Secretary Director shall
4 proceed to obtain a permanent injunction against such person
5 under Section 29 of this Act.
6 (Source: P.A. 92-510, eff. 6-1-02.)
 
7     (225 ILCS 110/26 rep.)
8     Section 15. The Illinois Speech-Language Pathology and
9 Audiology Practice Act is amended by repealing Section 26.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.".