Full Text of SB1483 96th General Assembly
SB1483ham002 96TH GENERAL ASSEMBLY
|
Rep. Dan Reitz
Filed: 5/18/2009
|
|
09600SB1483ham002 |
|
LRB096 07510 ASK 27060 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1483
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1483, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The Illinois Speech-Language Pathology and
| 6 |
| Audiology Practice Act is amended by changing Section 3 and by | 7 |
| adding Section 9.3 as follows:
| 8 |
| (225 ILCS 110/3) (from Ch. 111, par. 7903)
| 9 |
| (Section scheduled to be repealed on January 1, 2018)
| 10 |
| Sec. 3. Definitions. The following words and phrases shall | 11 |
| have the
meaning ascribed to them in this Section unless the | 12 |
| context clearly indicates
otherwise:
| 13 |
| (a) "Department" means the Department of Financial and
| 14 |
| Professional
Regulation.
| 15 |
| (b) "Secretary" means the Secretary of Financial and | 16 |
| Professional Regulation.
|
|
|
|
09600SB1483ham002 |
- 2 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| (c) "Board" means the Board of Speech-Language Pathology | 2 |
| and Audiology
established under Section 5 of this Act.
| 3 |
| (d) "Speech-Language Pathologist" means a person who has | 4 |
| received a
license pursuant to this Act and who engages in the | 5 |
| practice
of speech-language pathology.
| 6 |
| (e) "Audiologist" means a person who has received a license | 7 |
| pursuant to this
Act and who engages in the practice of | 8 |
| audiology.
| 9 |
| (f) "Public member" means a person who is not a health | 10 |
| professional.
For purposes of board membership, any person with | 11 |
| a significant financial
interest in a health service or | 12 |
| profession is not a public member.
| 13 |
| (g) "The practice of audiology" is the application of | 14 |
| nonmedical methods
and procedures for the identification, | 15 |
| measurement, testing,
appraisal, prediction, habilitation, | 16 |
| rehabilitation, or instruction
related to hearing
and | 17 |
| disorders of hearing. These procedures are for the
purpose of | 18 |
| counseling, consulting and rendering or offering to render
| 19 |
| services or for participating in the planning, directing or | 20 |
| conducting of
programs that are designed to modify | 21 |
| communicative disorders
involving
speech, language or auditory | 22 |
| function related to hearing loss.
The practice of audiology may | 23 |
| include, but shall not be limited to, the
following:
| 24 |
| (1) any task, procedure, act, or practice that is | 25 |
| necessary for the
evaluation of hearing or
vestibular | 26 |
| function;
|
|
|
|
09600SB1483ham002 |
- 3 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| (2) training in the use of amplification devices;
| 2 |
| (3) the fitting, dispensing, or servicing of hearing | 3 |
| instruments; and
| 4 |
| (4) performing basic speech and language screening | 5 |
| tests and procedures
consistent with audiology training.
| 6 |
| (h) "The practice of speech-language pathology" is the | 7 |
| application of
nonmedical methods and procedures for the | 8 |
| identification,
measurement, testing, appraisal, prediction, | 9 |
| habilitation, rehabilitation,
and modification related to | 10 |
| communication development, and disorders or
disabilities of | 11 |
| speech, language, voice, swallowing, and other speech,
| 12 |
| language and voice related disorders. These procedures are for | 13 |
| the
purpose of counseling, consulting and rendering or offering | 14 |
| to render
services, or for participating in the planning, | 15 |
| directing or conducting of
programs that are designed to modify | 16 |
| communicative disorders and
conditions in individuals or | 17 |
| groups of individuals involving speech,
language, voice and | 18 |
| swallowing function.
| 19 |
| "The practice of speech-language pathology" shall include, | 20 |
| but
shall not be
limited to, the following:
| 21 |
| (1) hearing screening tests and aural rehabilitation | 22 |
| procedures
consistent with speech-language pathology | 23 |
| training;
| 24 |
| (2) tasks, procedures, acts or practices that are | 25 |
| necessary for the
evaluation of, and training in the use | 26 |
| of, augmentative communication
systems, communication |
|
|
|
09600SB1483ham002 |
- 4 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| variation, cognitive rehabilitation, non-spoken
language | 2 |
| production and comprehension ; and .
| 3 |
| (3) the use of rigid or flexible laryngoscopes for the | 4 |
| sole purpose of observing and obtaining images of the | 5 |
| pharynx and larynx in accordance with Section 9.3 of this | 6 |
| Act. | 7 |
| (i) "Speech-language pathology assistant" means a person | 8 |
| who has received
a license pursuant to this Act to assist a | 9 |
| speech-language
pathologist in the manner provided in this Act.
| 10 |
| (j) "Physician" means a physician licensed to practice | 11 |
| medicine in all its branches under the Medical Practice Act of | 12 |
| 1987. | 13 |
| (Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
| 14 |
| (225 ILCS 110/9.3 new)
| 15 |
| (Section scheduled to be repealed on January 1, 2018) | 16 |
| Sec. 9.3. Requirements for the use of laryngoscopes. | 17 |
| (a) A speech-language pathologist may perform an | 18 |
| endoscopic procedure using a rigid laryngoscope for the sole | 19 |
| purpose of observing and obtaining images of the pharynx and | 20 |
| larynx if all of the following requirements have been met: | 21 |
| (1) The speech-language pathologist has observed 5 | 22 |
| procedures performed by either (i) a physician who has been | 23 |
| granted hospital privileges to perform these procedures or | 24 |
| (ii) a speech-language pathologist who has met the | 25 |
| requirements of items (1), (2), and (5) of this subsection |
|
|
|
09600SB1483ham002 |
- 5 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| (a) in a licensed health care facility or a clinic | 2 |
| affiliated with a hospital, university, college, or | 3 |
| ASHA-approved continuing education course that has | 4 |
| emergency medical backup and a physician available or in | 5 |
| the office of a physician who is available or in the office | 6 |
| of a speech-language pathologist provided that he or she | 7 |
| maintains cardiopulmonary resuscitation (CPR) | 8 |
| certification. | 9 |
| (2) The speech-language pathologist has successfully | 10 |
| performed 10 procedures under the direct supervision of a | 11 |
| physician who has been granted hospital privileges to | 12 |
| perform these procedures; provided, however, that the | 13 |
| physician may delegate the supervision of the procedures to | 14 |
| a speech-language pathologist who has met the requirements | 15 |
| of this subsection (a) or subsection (c) of this Section. | 16 |
| The supervising physician shall provide written | 17 |
| verification that the speech-language pathologist in | 18 |
| training has successfully completed the requirements of | 19 |
| this item (2) demonstrating the ability to perform these | 20 |
| procedures. The speech-language pathologist shall have | 21 |
| this written verification on file and readily available for | 22 |
| inspection upon request by the Board. | 23 |
| (3) If the patient has a voice disorder or vocal cord | 24 |
| dysfunction, he or she must be examined by a physician who | 25 |
| has been granted hospital privileges to perform these | 26 |
| procedures and the speech-language pathologist must have |
|
|
|
09600SB1483ham002 |
- 6 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| received from that physician a written referral and direct | 2 |
| authorization to perform the procedure. | 3 |
| (4) If the patient has a swallowing disorder or a | 4 |
| velopharyngeal disorder, he or she must be examined by a | 5 |
| physician licensed to practice medicine in all its branches | 6 |
| and the speech-language pathologist must have received | 7 |
| from that physician a written referral and direct | 8 |
| authorization to perform the procedure. | 9 |
| (5) The speech-language pathologist has completed a | 10 |
| hands-on university or college course, or a hands-on | 11 |
| seminar or workshop in endoscopy as a technique for | 12 |
| investigating speech and swallowing, which qualifies for | 13 |
| continuing education credit with the American | 14 |
| Speech-Language-Hearing Association (ASHA). | 15 |
| (6) The speech-language pathologist must send a | 16 |
| written report or recorded copy of the observations | 17 |
| recorded during an evaluation to the referring physician, | 18 |
| and if the speech-language pathologist performs any | 19 |
| procedure and observes an abnormality or the possibility of | 20 |
| a condition that requires medical attention, the | 21 |
| speech-language pathologist shall immediately refer the | 22 |
| patient to the referring physician for examination. | 23 |
| (7) In no instance may the speech-language pathologist | 24 |
| use a laryngoscope to perform any procedure that disrupts | 25 |
| living tissue. | 26 |
| (8) The speech-language pathologist is using the rigid |
|
|
|
09600SB1483ham002 |
- 7 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| laryngoscope in (i) a licensed healthcare facility or | 2 |
| clinic affiliated with a hospital, university, college, or | 3 |
| ASHA-approved continuing education course that has | 4 |
| emergency medical back-up and a physician available, (ii) | 5 |
| an office of a physician who is available, or (iii) in the | 6 |
| speech language pathologist's office provided that he or | 7 |
| she maintains cardiopulmonary resuscitation (CPR) | 8 |
| certification. | 9 |
| (b) A speech-language pathologist may use a flexible | 10 |
| laryngoscope for the sole purpose of observing and obtaining | 11 |
| images of the pharynx and larynx if all of the following | 12 |
| requirements have been met: | 13 |
| (1) The speech-language pathologist has observed 10 | 14 |
| procedures performed by either (i) a physician who has been | 15 |
| granted hospital privileges to perform these procedures or | 16 |
| (ii) a speech-language pathologist who has met the | 17 |
| requirements of items (1), (2), and (6) of this subsection | 18 |
| (b) in a licensed health care facility or a clinic | 19 |
| affiliated with a hospital, university, college, or | 20 |
| ASHA-approved continuing education course that has | 21 |
| emergency medical back-up and a physician available or in | 22 |
| the office of a physician who is available. | 23 |
| (2) The speech-language pathologist has successfully | 24 |
| performed 25 procedures under the direct supervision of a | 25 |
| physician who has been granted hospital privileges to | 26 |
| perform these procedures; provided, however, that the |
|
|
|
09600SB1483ham002 |
- 8 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| physician may delegate the supervision of the procedures to | 2 |
| a speech-language pathologist who has met the requirements | 3 |
| of this subsection (b) or subsection (c) of this Section. | 4 |
| The supervising physician shall provide written | 5 |
| verification that the speech-language pathologist in | 6 |
| training has successfully completed the requirements of | 7 |
| this item (2) demonstrating the ability to perform these | 8 |
| procedures. The speech-language pathologist shall have | 9 |
| this written verification on file and readily available for | 10 |
| inspection upon request by the Board. | 11 |
| (3) The observation of the patient's function must take | 12 |
| place (i) under the supervision of a physician and (ii) in | 13 |
| a licensed health care facility or a clinic affiliated with | 14 |
| a hospital, university, or college that has emergency | 15 |
| medical backup and a physician available or in the office | 16 |
| of a physician who is available. | 17 |
| (4) If the patient has a voice disorder or vocal cord | 18 |
| dysfunction, he or she must be examined by a physician | 19 |
| licensed to practice medicine in all its branches who has | 20 |
| been granted hospital privileges to perform these | 21 |
| procedures and the speech-language pathologist must have | 22 |
| received from that physician a written referral and direct | 23 |
| authorization to perform the procedure. | 24 |
| (5) If the patient has a swallowing disorder or a | 25 |
| velopharyngeal disorder, he or she must be examined by a | 26 |
| physician licensed to practice medicine in all its branches |
|
|
|
09600SB1483ham002 |
- 9 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| and the speech-language pathologist must have received | 2 |
| from that physician a written referral and direct | 3 |
| authorization to perform the procedure. | 4 |
| (6) The speech-language pathologist has completed a | 5 |
| hands-on university or college course, or a hands-on | 6 |
| seminar or workshop in endoscopy as a technique for | 7 |
| investigating speech and swallowing, which qualifies for | 8 |
| continuing education credit with the American | 9 |
| Speech-Language-Hearing Association (ASHA). | 10 |
| (7) The speech-language pathologist must send a | 11 |
| written report or recorded copy of the observations | 12 |
| recorded during an evaluation to the referring physician, | 13 |
| and if the speech-language pathologist performs any | 14 |
| procedure and observes an abnormality or the possibility of | 15 |
| a condition that requires medical attention, the | 16 |
| speech-language pathologist shall immediately refer the | 17 |
| patient to the referring physician for examination. | 18 |
| (8) In no instance may the speech-language pathologist | 19 |
| use a laryngoscope to perform any procedure that disrupts | 20 |
| living tissue. | 21 |
| (c) A speech-language pathologist seeking to use both a | 22 |
| rigid laryngoscope and a flexible laryngoscope for the sole | 23 |
| purpose of observing and obtaining images of the pharynx and | 24 |
| larynx shall be exempt from meeting the separate requirements | 25 |
| of items (1) and (2) of subsection (a) and items (1) and (2) of | 26 |
| subsection (b), if he or she meets the requirements of items |
|
|
|
09600SB1483ham002 |
- 10 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| (3) through (8) of subsection (a), items (3) through (8) of | 2 |
| subsection (b), and the following: | 3 |
| (1) The speech-language pathologist has observed 15 | 4 |
| procedures performed by either (i) a physician who has been | 5 |
| granted hospital privileges to perform these procedures or | 6 |
| (ii) a speech-language pathologist who has met the | 7 |
| requirements of items (1), (2), and (6) of subsection (b) | 8 |
| in a licensed health care facility or a clinic affiliated | 9 |
| with a hospital, university, college, or ASHA-approved | 10 |
| continuing education course that has emergency medical | 11 |
| back-up and a physician available or in the office of a | 12 |
| physician who is available. | 13 |
| (2) The speech-language pathologist has successfully | 14 |
| performed 30 procedures, at least 20 of which must be with | 15 |
| a flexible laryngoscope and at least 5 of which must be | 16 |
| with a rigid laryngoscope, under the direct supervision of | 17 |
| a physician who has been granted hospital privileges to | 18 |
| perform these procedures; provided, however, that the | 19 |
| physician may delegate the supervision of the procedures to | 20 |
| a speech-language pathologist who has met the requirements | 21 |
| of subsection (a) or (c) of this Section in the case of a | 22 |
| rigid laryngoscope or subsection (b) or (c) of this Section | 23 |
| in the case of a flexible laryngoscope. The supervising | 24 |
| physician shall provide written verification that the | 25 |
| speech-language pathologist in training has successfully | 26 |
| completed the requirements of this item (2) demonstrating |
|
|
|
09600SB1483ham002 |
- 11 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| the ability to perform these procedures. The | 2 |
| speech-language pathologist shall have this written | 3 |
| verification on file and readily available for inspection | 4 |
| upon request by the Board. | 5 |
| (d) The requirements of items (1) and (2) of subsection | 6 |
| (a), items (1) and (2) of subsection (b), and subsection (c) | 7 |
| shall not apply to the practice of speech-language pathologists | 8 |
| in a hospital or hospital-affiliate. In order to practice in a | 9 |
| hospital or hospital-affiliate, a speech-language pathologist | 10 |
| must possess clinical privileges for flexible or rigid | 11 |
| laryngoscope procedures recommended by the hospital or | 12 |
| hospital affiliate medical staff and approved by the hospital | 13 |
| or hospital affiliate governing body. | 14 |
| (e) Nothing in this Section shall be construed to authorize | 15 |
| a medical diagnosis. | 16 |
| (f) Nothing in this Section shall preclude the use of a | 17 |
| rigid or flexible laryngoscope for the purpose of training or | 18 |
| research done in conjunction with a speech-language pathology | 19 |
| program accredited by the Council for Academic Accreditation, | 20 |
| provided that (i) emergency medical backup is available when | 21 |
| flexible laryngoscopy is performed and (ii) such training or | 22 |
| research is performed with the participation of either a | 23 |
| physician who has been granted hospital privileges to perform | 24 |
| these procedures or a speech-language pathologist who has met | 25 |
| the requirements of items (1), (2), and (5) of subsection (a) | 26 |
| of this Section or items (1), (2), and (6) of subsection (b) of |
|
|
|
09600SB1483ham002 |
- 12 - |
LRB096 07510 ASK 27060 a |
|
| 1 |
| this Section, or both, whichever is applicable. | 2 |
| (g) Nothing in this Section shall be construed to allow a | 3 |
| speech-language pathologist to use an anesthetic without | 4 |
| specific physician authorization included in the patient | 5 |
| referral.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|