Full Text of SB0771 100th General Assembly
SB0771enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.28 and by adding Section 4.38 as follows: | 6 | | (5 ILCS 80/4.28) | 7 | | Sec. 4.28. Acts
repealed on January 1, 2018. The following | 8 | | Acts are
repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.
| 10 | | The Podiatric Medical Practice Act of 1987. | 11 | | The Acupuncture Practice Act. | 12 | | The Illinois Speech-Language Pathology and Audiology | 13 | | Practice Act. | 14 | | The Interpreter for the Deaf Licensure Act of 2007. | 15 | | The Nurse Practice Act. | 16 | | The Clinical Social Work and Social Work Practice Act. | 17 | | The Pharmacy Practice Act. | 18 | | The Home Medical Equipment and Services Provider License | 19 | | Act. | 20 | | The Marriage and Family Therapy Licensing Act. | 21 | | The Nursing Home Administrators Licensing and Disciplinary | 22 | | Act. | 23 | | The Physician Assistant Practice Act of 1987. |
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| 1 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 2 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 3 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 4 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 5 | | 96-328, eff. 8-11-09.) | 6 | | (5 ILCS 80/4.38 new) | 7 | | Sec. 4.38. Act repealed on January 1, 2028. The following | 8 | | Act is repealed on January 1, 2028: | 9 | | The Illinois Speech-Language Pathology and Audiology | 10 | | Practice Act. | 11 | | Section 10. The Illinois Speech-Language Pathology and
| 12 | | Audiology Practice Act is amended by changing Sections 3, 3.5, | 13 | | 5, 7, 8, 8.1, 8.5, 8.8, 11, 14, 16, 17, 22, 23, 24.1, 31a, and | 14 | | 34 and by adding Sections 4.5, 8.2, 8.3, and 34.1 as follows:
| 15 | | (225 ILCS 110/3) (from Ch. 111, par. 7903)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 3. Definitions. The following words and phrases shall | 18 | | have the
meaning ascribed to them in this Section unless the | 19 | | context clearly indicates
otherwise:
| 20 | | (a) "Department" means the Department of Financial and
| 21 | | Professional
Regulation.
| 22 | | (b) "Secretary" means the Secretary of Financial and | 23 | | Professional Regulation.
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| 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 | | nonsurgical nonmedical methods
and procedures for the | 15 | | screening, identification, measurement, monitoring, testing,
| 16 | | appraisal, prediction, interpretation, habilitation, | 17 | | rehabilitation, or instruction
related to audiologic or | 18 | | vestibular disorders, including hearing
and disorders of | 19 | | hearing. These procedures are for the
purpose of counseling, | 20 | | consulting and rendering or offering to render
services or for | 21 | | participating in the planning, directing or conducting of
| 22 | | programs that are designed to modify communicative disorders
| 23 | | involving
speech, language , or auditory , or vestibular | 24 | | function related to hearing loss.
The practice of audiology may | 25 | | include, but shall not be limited to, the
following:
| 26 | | (1) any task, procedure, act, or practice that is |
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| 1 | | necessary for the
evaluation and management of audiologic, | 2 | | hearing , or
vestibular function , including, but not | 3 | | limited to, neurophysiologic intraoperative monitoring of | 4 | | the seventh or eighth cranial nerve function ;
| 5 | | (2) training in the use of amplification devices;
| 6 | | (3) the evaluation, fitting, dispensing, or servicing | 7 | | of hearing instruments and auditory prosthetic devices, | 8 | | such as cochlear implants, auditory osseointegrated | 9 | | devices, and brainstem implants; | 10 | | (4) cerumen removal ; and
| 11 | | (5) (4) performing basic speech and language screening | 12 | | tests and procedures
consistent with audiology training ; | 13 | | and .
| 14 | | (6) performing basic health screenings in accordance | 15 | | with Section 8.3 of this Act. | 16 | | (h) "The practice of speech-language pathology" is the | 17 | | application of
nonmedical methods and procedures for the | 18 | | identification,
measurement, testing, appraisal, prediction, | 19 | | habilitation, rehabilitation,
and modification related to | 20 | | communication development, and disorders or
disabilities of | 21 | | speech, language, voice, swallowing, and other speech,
| 22 | | language and voice related disorders. These procedures are for | 23 | | the
purpose of counseling, consulting and rendering or offering | 24 | | to render
services, or for participating in the planning, | 25 | | directing or conducting of
programs that are designed to modify | 26 | | communicative disorders and
conditions in individuals or |
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| 1 | | groups of individuals involving speech,
language, voice and | 2 | | swallowing function.
| 3 | | "The practice of speech-language pathology" shall include, | 4 | | but
shall not be
limited to, the following:
| 5 | | (1) hearing screening tests and aural rehabilitation | 6 | | procedures
consistent with speech-language pathology | 7 | | training;
| 8 | | (2) tasks, procedures, acts or practices that are | 9 | | necessary for the
evaluation of, and training in the use | 10 | | of, augmentative communication
systems, communication | 11 | | variation, cognitive rehabilitation, non-spoken
language | 12 | | production and comprehension; and
| 13 | | (3) the use of rigid or flexible laryngoscopes for the | 14 | | sole purpose of observing and obtaining images of the | 15 | | pharynx and larynx in accordance with Section 9.3 of this | 16 | | Act ; and . | 17 | | (4) performing basic health screenings in accordance | 18 | | with Section 8.3 of this Act. | 19 | | (i) "Speech-language pathology assistant" means a person | 20 | | who has received
a license pursuant to this Act to assist a | 21 | | speech-language
pathologist in the manner provided in this Act.
| 22 | | (j) "Physician" means a physician licensed to practice | 23 | | medicine in all its branches under the Medical Practice Act of | 24 | | 1987. | 25 | | (k) "Email address of record" means the designated email | 26 | | address recorded by the Department in the applicant's |
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| 1 | | application file or the licensee's license file, as maintained | 2 | | by the Department's licensure maintenance unit. | 3 | | (l) "Address of record" means the designated address | 4 | | recorded by the Department in the applicant's or licensee's | 5 | | application file or license file as maintained by the | 6 | | Department's licensure maintenance unit. | 7 | | (m) "Neurophysiologic intraoperative monitoring" means the | 8 | | process of continual testing and interpretation of test results | 9 | | using electrodiagnostic modalities to monitor the seventh and | 10 | | eighth cranial nerve function during a surgical procedure. | 11 | | Neurophysiologic intraoperative monitoring does not include | 12 | | testing and interpretation of test results using | 13 | | electrodiagnostic modalities to monitor the spinal cord, | 14 | | peripheral nerves (other than the seventh and eighth cranial | 15 | | nerve), cerebral hemispheres, or brainstem. Neurophysiologic | 16 | | intraoperative monitoring may be performed by an audiologist | 17 | | only if authorized by the physician performing the surgical | 18 | | procedure. | 19 | | (Source: P.A. 95-465, eff. 8-27-07; 96-719, eff. 8-25-09.)
| 20 | | (225 ILCS 110/3.5)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 3.5. Exemptions. This Act does not prohibit:
| 23 | | (a) The practice of speech-language pathology or | 24 | | audiology by students in
their course of study in programs | 25 | | approved by the Department when acting under
the direction |
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| 1 | | and supervision of licensed speech-language pathologists | 2 | | or
audiologists.
| 3 | | (b) The performance of any speech-language pathology
| 4 | | service
by a speech-language pathology assistant or a | 5 | | speech-language pathology
paraprofessional if such service | 6 | | is performed under the
supervision and full responsibility | 7 | | of a licensed speech-language pathologist.
A speech | 8 | | language pathology assistant may perform only those duties
| 9 | | authorized by Section 8.7 under the supervision of a | 10 | | speech-language
pathologist as
provided in Section 8.8.
| 11 | | (b-5) The performance of an audiology service by an | 12 | | appropriately
trained person if that service is performed | 13 | | under the supervision and full
responsibility of a licensed | 14 | | audiologist.
| 15 | | (c) The performance of audiometric testing for the | 16 | | purpose of industrial
hearing conservation by an | 17 | | audiometric technician certified by the Council of
| 18 | | Accreditation for Occupational Hearing Conservation | 19 | | (CAOHC).
| 20 | | (d) The performance of an audiometric screening by an | 21 | | audiometric
screenings
technician certified by the | 22 | | Department of Public Health.
| 23 | | (e) The selling or practice of fitting, dispensing, or | 24 | | servicing hearing
instruments by a hearing instrument | 25 | | dispenser licensed under the
Hearing Instrument
Consumer | 26 | | Protection Act.
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| 1 | | (f) A person licensed in this State under any
other Act | 2 | | from engaging in the practice for which he or she is | 3 | | licensed.
| 4 | | (g) The performance of vestibular function testing by | 5 | | an appropriately
trained person under the supervision of a | 6 | | physician licensed to practice
medicine in all its | 7 | | branches.
| 8 | | (h) The performance of neurophysiologic intraoperative | 9 | | monitoring of the seventh and eighth cranial nerve by an | 10 | | individual certified by the American Board of Registration | 11 | | of Electroencephalographic and Evoked Potential | 12 | | Technologists as Certified in Neurophysiologic | 13 | | Intraoperative Monitoring only if authorized and | 14 | | supervised by the physician performing the surgical | 15 | | procedure. | 16 | | (Source: P.A. 92-510, eff. 6-1-02 .)
| 17 | | (225 ILCS 110/4.5 new) | 18 | | Sec. 4.5. Address of record; email address of record. All | 19 | | applicants and licensees shall: | 20 | | (1) provide a valid address and email address to the | 21 | | Department, which shall serve as the address of record and | 22 | | email address of record, respectively, at the time of | 23 | | application for licensure or renewal of a license; and | 24 | | (2) inform the Department of any change of address of | 25 | | record or email address of record within 14 days after such |
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| 1 | | change either through the Department's website or by | 2 | | contacting the Department's licensure maintenance unit.
| 3 | | (225 ILCS 110/5) (from Ch. 111, par. 7905)
| 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 5. Board of Speech-Language Pathology and Audiology. | 6 | | There is created a Board of Speech-Language Pathology and | 7 | | Audiology to be
composed of persons designated from time to | 8 | | time by the Secretary, as follows:
| 9 | | (a) Five persons, 2 of whom have been licensed | 10 | | speech-language
pathologists for
a period of 5 years or | 11 | | more, 2 of whom have been licensed audiologists for
a | 12 | | period of
5 years or more, and one public member. The board | 13 | | shall annually elect a
chairperson and a vice-chairperson.
| 14 | | (b) Terms for all members shall be for 3 years. A | 15 | | member shall serve until his or her successor is appointed | 16 | | and qualified. Partial terms over 2
years in length shall | 17 | | be considered as full terms. A member may be
reappointed | 18 | | for a successive term, but no member shall serve more than | 19 | | 2 full
terms.
| 20 | | (c) The membership of the Board should reasonably | 21 | | reflect representation
from the various geographic areas | 22 | | of the State.
| 23 | | (d) In making appointments to the Board, the Secretary | 24 | | shall give due
consideration to recommendations by | 25 | | organizations of the speech-language
pathology and |
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| 1 | | audiology professions in Illinois, including the Illinois
| 2 | | Speech-Language-Hearing Association and the Illinois | 3 | | Academy of Audiology, and shall promptly give due notice to
| 4 | | such organizations of any vacancy in the membership of the | 5 | | Board. The Secretary may terminate the appointment of any | 6 | | member for any cause, which
in the opinion of the | 7 | | Secretary, reasonably justifies such termination.
| 8 | | (e) A majority of the Board members currently appointed | 9 | | shall constitute
a
quorum. A vacancy in the membership of | 10 | | the Board shall not impair the right
of a quorum to | 11 | | exercise all the rights and perform all the duties of the | 12 | | Board.
| 13 | | (f) The members of the Board may each receive as | 14 | | compensation a
reasonable sum as determined by the | 15 | | Secretary for each day actually engaged
in the duties of | 16 | | the office, and all legitimate and necessary expenses
| 17 | | incurred in attending the meetings of the Board.
| 18 | | (g) Members of the Board shall have no liability be | 19 | | immune from suit in any action based
upon any disciplinary | 20 | | proceedings or other activity activities performed in good
| 21 | | faith as members of the Board.
| 22 | | (h) The Secretary may consider the recommendations of | 23 | | the Board in
establishing guidelines for professional | 24 | | conduct, the conduct of formal
disciplinary proceedings | 25 | | brought under this Act, and
qualifications of applicants. | 26 | | Notice of proposed rulemaking
shall be transmitted to the |
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| 1 | | Board and the Department shall review the response
of the | 2 | | Board and any recommendations made in the response. The | 3 | | Department, at
any time, may seek the expert advice and | 4 | | knowledge of the Board on any matter
relating to the | 5 | | administration or enforcement of this Act.
| 6 | | (i) Whenever the Secretary is satisfied that | 7 | | substantial justice has not
been done either in an | 8 | | examination or in the revocation, suspension, or refusal
of | 9 | | a license, or other disciplinary action relating to a | 10 | | license, the Secretary
may order a
reexamination or | 11 | | rehearing.
| 12 | | (Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
| 13 | | (225 ILCS 110/7) (from Ch. 111, par. 7907)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 7. Licensure requirement.
| 16 | | (a) Except as provided in subsection (b), on or after June | 17 | | 1, 1989, no
person shall practice speech-language pathology or | 18 | | audiology without first
applying for and obtaining a license | 19 | | for such purpose from the Department.
Except as provided in | 20 | | this Section, on or after January 1, 2002, no person
shall | 21 | | perform the functions and duties of a speech-language pathology | 22 | | assistant
without first applying for and obtaining a license | 23 | | for that purpose from the
Department.
| 24 | | (b) A person holding a regular license to practice | 25 | | speech-language
pathology or audiology under the laws of |
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| 1 | | another state, a territory of the
United States, or the | 2 | | District of Columbia who has made application to the
Department | 3 | | for a license to practice speech-language pathology or | 4 | | audiology may
practice speech-language pathology or audiology | 5 | | without a license for 90 days
from the date of application or | 6 | | until disposition of the license application by
the Department, | 7 | | whichever is sooner, if the person (i) in the case of a | 8 | | speech-language pathologist, holds a Certificate of
Clinical | 9 | | Competence from the American Speech-Language-Hearing | 10 | | Association in
speech-language pathology or audiology or, in | 11 | | the case of an audiologist, a
certificate from the American | 12 | | Board of Audiology and (ii) has not been
disciplined and has no | 13 | | disciplinary matters pending in a state, a territory, or
the | 14 | | District of Columbia.
| 15 | | A person applying for an initial license to practice | 16 | | audiology who is a recent graduate of a Department-approved | 17 | | audiology program may practice as an audiologist for a period | 18 | | of 60 days after the date of application or until disposition | 19 | | of the license application by the Department, whichever is | 20 | | sooner, provided that he or she meets the applicable | 21 | | requirements of Section 8 of this Act.
| 22 | | (Source: P.A. 95-465, eff. 8-27-07.)
| 23 | | (225 ILCS 110/8) (from Ch. 111, par. 7908)
| 24 | | (Section scheduled to be repealed on January 1, 2018)
| 25 | | Sec. 8. Qualifications for licenses to practice |
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| 1 | | speech-language pathology
or audiology.
The Department shall | 2 | | require that each applicant for a license to practice
| 3 | | speech-language pathology or audiology shall:
| 4 | | (a) (blank);
| 5 | | (b) be at least 21 years of age;
| 6 | | (c) not have violated any provisions of Section 16 of | 7 | | this
Act;
| 8 | | (d) for a license as a speech-language pathologist, | 9 | | present satisfactory evidence of receiving a master's
or | 10 | | doctoral degree in
speech-language pathology from a | 11 | | program approved by the
Department. Nothing in this Act | 12 | | shall be construed to prevent any program
from establishing | 13 | | higher standards than specified in this Act;
| 14 | | (d-5) for a license as an audiologist, present | 15 | | satisfactory evidence of having received a master's or | 16 | | doctoral degree in audiology from a program approved by the | 17 | | Department; however, an applicant for licensure as an | 18 | | audiologist whose degree was conferred on or after January | 19 | | 1, 2008, must present satisfactory evidence of having | 20 | | received a doctoral degree in audiology from a program | 21 | | approved by the Department;
| 22 | | (e) pass a national examination recognized by the | 23 | | Department in the
theory and
practice of the profession;
| 24 | | (f) for a license as a speech-language pathologist,
| 25 | | have completed the equivalent of 9 months of
supervised | 26 | | experience; and
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| 1 | | (g) for a license as an audiologist, have completed a | 2 | | minimum of 1,500 clock hours of supervised experience or | 3 | | present evidence of a Doctor of Audiology (AuD) degree.
| 4 | | An applicant for licensure as a speech-language | 5 | | pathologist who received education and training at a | 6 | | speech-language pathology program located outside of the | 7 | | United States must meet the requirements of this Section, | 8 | | including, but not limited to, substantially complying with the | 9 | | minimum requirements of an approved program as set forth by | 10 | | rule. | 11 | | Applicants have 3 years from the date of application to | 12 | | complete the
application process. If the process has not been | 13 | | completed within 3 years, the
application shall be denied, the | 14 | | fee shall be forfeited, and the applicant must
reapply
and meet | 15 | | the requirements in effect at the time of reapplication.
| 16 | | (Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07 .)
| 17 | | (225 ILCS 110/8.1)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 8.1. Temporary license. On and after July 1, 2005, a | 20 | | person who has
met the requirements of items (a) through (e) of | 21 | | Section 8 and intends to
undertake supervised professional | 22 | | experience as a speech-language pathologist,
as required by | 23 | | subsection (f) of Section 8 and the rules adopted by the
| 24 | | Department, must first obtain a temporary license from the | 25 | | Department. A
temporary license may be issued by the Department |
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| 1 | | only to an applicant pursuing
licensure as a speech-language | 2 | | pathologist in this State. A temporary license
shall be issued | 3 | | to an applicant upon receipt of the required fee as set forth
| 4 | | by rule and documentation on forms prescribed by the Department | 5 | | certifying that his or her professional experience will be | 6 | | supervised by a licensed speech-language pathologist. A | 7 | | temporary license shall be issued
for a period of 18 12 months | 8 | | and may be renewed only once for good cause shown. | 9 | | A person who has completed the course and clinical | 10 | | curriculum required to receive a master's degree in | 11 | | speech-language pathology, as minimally required under | 12 | | subsection (d) of Section 8 of this Act for a license to | 13 | | practice speech-language pathology, but who has not yet been | 14 | | conferred the master's degree, may make application to the | 15 | | Department for a temporary license under this Section and may | 16 | | begin his or her supervised professional experience as a | 17 | | speech-language pathologist without a temporary license for | 18 | | 120 days from the date of application or until disposition of | 19 | | the license application by the Department, whichever is sooner.
| 20 | | (Source: P.A. 93-112, eff. 1-1-04; 93-1060, eff. 12-23-04; | 21 | | 94-1082, eff. 1-19-07 .)
| 22 | | (225 ILCS 110/8.2 new) | 23 | | Sec. 8.2. Remote practice of audiology and speech-language | 24 | | pathology. | 25 | | (a) An audiologist licensed under this Act may conduct the |
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| 1 | | practice of audiology remotely subject to the following | 2 | | conditions: | 3 | | (1) the practice of audiology may be conducted remotely | 4 | | using video conferencing; | 5 | | (2) the use of telephone, email, instant messaging, | 6 | | store and forward technology, or facsimile must be in | 7 | | conjunction with or supplementary to the use of video | 8 | | conferencing; | 9 | | (3) an audiologist who practices audiology remotely | 10 | | must follow all applicable Health Insurance Portability | 11 | | and Accountability Act privacy and security regulations; | 12 | | (4) an audiologist who practices audiology remotely is | 13 | | subject to the same standard of care required of an | 14 | | audiologist who practices audiology in a clinic or office | 15 | | setting; and | 16 | | (5) services delivered remotely by an audiologist must | 17 | | be equivalent to the quality of services delivered in | 18 | | person in a clinic or office setting. | 19 | | (b) A speech-language pathologist licensed under this Act | 20 | | may conduct the practice of speech-language pathology remotely | 21 | | subject to the following conditions: | 22 | | (1) the practice of speech-language pathology may be | 23 | | conducted remotely using video conferencing; | 24 | | (2) the use of telephone, email, instant messaging, | 25 | | store and forward technology, or facsimile must be in | 26 | | conjunction with or supplementary to the use of video |
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| 1 | | conferencing; | 2 | | (3) a speech-language pathologist who practices | 3 | | speech-language pathology remotely must follow all | 4 | | applicable Health Insurance Portability and Accountability | 5 | | Act privacy and security regulations; | 6 | | (4) a speech-language pathologist who practices | 7 | | speech-language pathology remotely is subject to the same | 8 | | standard of care required of a speech-language pathologist | 9 | | who practices speech-language pathology in a clinic or | 10 | | office setting; and | 11 | | (5) services delivered remotely by a speech-language | 12 | | pathologist must be equivalent to the quality of services | 13 | | delivered in person in a clinic setting. | 14 | | (c) An out-of-state person providing speech-language | 15 | | pathology or audiology services to a person residing in | 16 | | Illinois without a license issued pursuant to this Act submits | 17 | | himself or herself to the jurisdiction of the Department and | 18 | | the courts of this State. | 19 | | (225 ILCS 110/8.3 new) | 20 | | Sec. 8.3. Basic health screenings. A speech-language | 21 | | pathologist or an audiologist may perform basic health | 22 | | screenings and create the resulting plans of care if: (1) the | 23 | | elements of the plan of care are within the scope of practice | 24 | | of a speech-language pathologist or an audiologist and (2) the | 25 | | speech-language pathologist or audiologist is trained in the |
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| 1 | | performance of basic health screenings as set forth by rule | 2 | | from one of the following: (A) as part of the curriculum of an | 3 | | approved program, (B) through worksite training, or (C) through | 4 | | continuing education. A plan of care that includes elements | 5 | | that are outside the scope of practice of a speech-language | 6 | | pathologist or an audiologist must be referred to appropriate | 7 | | medical personnel for further evaluation or management.
| 8 | | (225 ILCS 110/8.5)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 8.5. Qualifications for licenses as a speech-language | 11 | | pathology
assistant. A person is qualified to be licensed as a | 12 | | speech-language
pathology assistant if that person has applied | 13 | | in writing or electronically on forms prescribed
by the | 14 | | Department, has paid the required fees, and meets both of the | 15 | | following
criteria:
| 16 | | (1) Is of good moral character. In determining moral | 17 | | character, the
Department
may take into consideration any | 18 | | felony conviction or plea of guilty or nolo contendere of | 19 | | the
applicant, but such a conviction or plea shall not | 20 | | operate automatically as a complete
bar to licensure.
| 21 | | (2) Has received either (i) an associate degree from a | 22 | | speech-language pathology
assistant
program that has been | 23 | | approved by the Department and
that meets the minimum | 24 | | requirements set forth in Section 8.6 or (ii) a bachelor's | 25 | | degree and has completed course work from an accredited |
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| 1 | | college or university that meets the minimum requirements | 2 | | set forth in Section 8.6 .
| 3 | | (Source: P.A. 94-869, eff. 6-16-06; 95-465, eff. 8-27-07.)
| 4 | | (225 ILCS 110/8.8)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 8.8. Supervision of speech-language pathology | 7 | | assistants.
| 8 | | (a) A speech-language pathology assistant shall practice | 9 | | only under the
supervision of a speech-language pathologist who | 10 | | has at least 2 years
experience in addition to the supervised | 11 | | professional experience required under
subsection (f) of | 12 | | Section 8 of this Act. A speech-language pathologist who
| 13 | | supervises a speech-language pathology assistant (i) must have | 14 | | completed at least 6
10 clock hours of training in the | 15 | | supervision related to speech-language pathology, and (ii) | 16 | | must complete at least 2 clock hours of continuing education in | 17 | | supervision related to speech-language pathology in each new | 18 | | licensing cycle after completion of the initial training | 19 | | required under item (i) of speech-language pathology
| 20 | | assistants . The Department shall promulgate rules describing | 21 | | the supervision
training requirements. The rules may allow a | 22 | | speech-language pathologist to
apply to the Board for an | 23 | | exemption from this training requirement based upon
prior | 24 | | supervisory experience.
| 25 | | (b) A speech-language pathology assistant must be under the |
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| 1 | | direct
supervision of a speech-language pathologist at least | 2 | | 30% of the
speech-language pathology assistant's actual | 3 | | patient or client contact time per
patient or client during the | 4 | | first 90 days of initial employment as a
speech-language | 5 | | pathology assistant. Thereafter, a speech-language pathology
| 6 | | assistant must be under the direct supervision of a | 7 | | speech-language
pathologist at least 20% of the | 8 | | speech-language pathology assistant's actual
patient or client | 9 | | contact time per patient or client. Supervision of a
| 10 | | speech-language pathology assistant beyond the minimum | 11 | | requirements of this
subsection may be imposed at the | 12 | | discretion of the supervising
speech-language pathologist. A | 13 | | supervising speech-language pathologist must
be available to | 14 | | communicate with a speech-language pathology assistant
| 15 | | whenever the assistant is in contact with a patient or client.
| 16 | | (c) A speech-language pathologist that supervises a | 17 | | speech-language
pathology assistant must document direct | 18 | | supervision activities. At a
minimum, supervision | 19 | | documentation must provide (i) information regarding the
| 20 | | quality of the speech-language pathology assistant's | 21 | | performance of
assigned duties, and (ii) verification that | 22 | | clinical activity is limited to
duties specified in Section | 23 | | 8.7.
| 24 | | (d) A full-time speech-language pathologist may supervise | 25 | | no more than 2
speech-language pathology assistants. A | 26 | | speech-language pathologist
that does not work full-time may |
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| 1 | | supervise no more than one speech-language
pathology | 2 | | assistant.
| 3 | | (e) For purposes of this Section, "direct supervision" | 4 | | means on-site,
in-view
observation and guidance by a | 5 | | speech-language pathologist while an
assigned activity is | 6 | | performed by the speech-language pathology assistant.
| 7 | | (Source: P.A. 92-510, eff. 6-1-02 .)
| 8 | | (225 ILCS 110/11) (from Ch. 111, par. 7911)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 11. Expiration, renewal and restoration of licenses.
| 11 | | (a) The
expiration date and renewal period for each license | 12 | | issued under this Act
shall be set by rule. A speech-language | 13 | | pathologist, speech-language
pathology assistant, or
| 14 | | audiologist may renew such license during the month preceding | 15 | | the
expiration date thereof by paying the required fee.
| 16 | | (a-5) An audiologist renewing his or her license All | 17 | | renewal applicants shall provide proof as determined by the | 18 | | Department of having met the
continuing education requirements | 19 | | set forth in the rules of the Department.
At a minimum, the | 20 | | rules shall require a renewal applicant for licensure as an a
| 21 | | speech-language pathologist or audiologist to provide proof of
| 22 | | completing at least 20 clock hours of continuing education | 23 | | during the
2-year
licensing cycle for which he or she is | 24 | | currently licensed , no more than 10 hours of which may be | 25 | | obtained through programs sponsored by hearing instrument or |
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| 1 | | auditory prosthetic device manufacturers. An audiologist must | 2 | | provide proof that at least 2 clock hours of training in ethics | 3 | | or legal requirements pertaining to the practice of audiology | 4 | | was completed during the 2-year licensing cycle for which he or | 5 | | she is currently licensed .
An audiologist who has met the | 6 | | continuing education requirements of the Hearing
Instrument | 7 | | Consumer Protection Act during an equivalent licensing cycle | 8 | | under
this Act shall be deemed to have met the continuing | 9 | | education requirements of
this Act.
At a minimum, the rules | 10 | | shall require a renewal applicant for licensure as a
| 11 | | speech-language pathology assistant to provide proof of | 12 | | completing at least 10
clock hours of continuing education | 13 | | during the 2-year period for which he or
she currently holds a | 14 | | license.
| 15 | | (a-10) A speech-language pathologist or a speech-language | 16 | | pathology assistant renewing his or her license shall provide | 17 | | proof as determined by the Department of having met the | 18 | | continuing education requirements set forth in the rules of the | 19 | | Department. At a minimum, the rules shall require a renewal | 20 | | applicant for license as a speech-language pathologist to | 21 | | provide proof of completing at least 20 clock hours of | 22 | | continuing education during the 2-year licensing cycle for | 23 | | which he or she is currently licensed. A speech language | 24 | | pathologist must provide proof that at least one clock hour of | 25 | | ethics training was completed during the 2-year licensing cycle | 26 | | for which he or she is currently licensed. At a minimum, the |
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| 1 | | rules shall require a renewal applicant for licensure as a | 2 | | speech-language pathology assistant to provide proof of | 3 | | completing at least 10 clock hours of continuing education | 4 | | during the 2-year period for which he or she currently holds a | 5 | | license. | 6 | | (b) Inactive status.
| 7 | | (1) Any licensee who notifies the Department in
writing | 8 | | on forms prescribed by the Department may elect to place | 9 | | his or
her
license on an inactive status and shall, subject | 10 | | to rules of the
Department, be excused from payment of | 11 | | renewal fees until he or she
notifies the
Department in | 12 | | writing of his or her desire to resume active
status.
| 13 | | (2) Any
licensee requesting restoration from inactive | 14 | | status shall be required
to (i)
pay the current renewal | 15 | | fee; and
(ii) demonstrate that he or she has completed a | 16 | | minimum of 20 hours
of continuing education and met any | 17 | | additional continuing education requirements established | 18 | | by the Department by rule.
| 19 | | (3) Any licensee whose license is in an inactive status | 20 | | shall not practice
in the State of Illinois without first | 21 | | restoring his or her license.
| 22 | | (4) Any licensee who shall engage in the
practice while | 23 | | the license is lapsed or inactive shall be considered to
be | 24 | | practicing without a license which shall be grounds for | 25 | | discipline under
Section 16 of this Act.
| 26 | | (c) Any speech-language pathologist, speech-language |
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| 1 | | pathology
assistant, or audiologist whose license has
expired | 2 | | may have his or her license restored at any time within 5 years
| 3 | | after the
expiration thereof, upon payment of the required fee.
| 4 | | (d) Any person whose license has been expired or inactive
| 5 | | for 5 years or
more may
have his or her license restored by | 6 | | making application to the Department
and
filing proof | 7 | | acceptable to the Department of his or her fitness to have his
| 8 | | or her
license restored, including sworn evidence certifying to | 9 | | active lawful
practice in another jurisdiction, and by paying | 10 | | the required restoration
fee. A person practicing on an expired | 11 | | license is deemed to be practicing
without a license.
| 12 | | (e) If a person whose license has expired has not | 13 | | maintained active
practice in another jurisdiction, the | 14 | | Department shall determine, by an
evaluation process | 15 | | established by rule, his or her fitness to resume active
status
| 16 | | and may require the person to complete a period of evaluated | 17 | | clinical
experience, and may require successful completion of | 18 | | an examination.
| 19 | | (f) Any person whose license has expired while he or she | 20 | | has been
engaged (1) in
federal or State service on active | 21 | | duty, or (2) in training or education
under
the supervision of | 22 | | the United States preliminary to induction into the
military | 23 | | service, may have his or her license restored without paying | 24 | | any
lapsed
renewal or restoration fee, if within 2 years after | 25 | | termination of such
service, training or education he or she | 26 | | furnishes the Department with
satisfactory proof that he or she |
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| 1 | | has been so engaged and that his or
her service,
training or | 2 | | education has been so terminated.
| 3 | | (Source: P.A. 95-465, eff. 8-27-07.)
| 4 | | (225 ILCS 110/14) (from Ch. 111, par. 7914)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 14. Fees.
| 7 | | (a) The Department shall provide by rule for a schedule of
| 8 | | fees to be paid for licenses by all applicants. The Department | 9 | | shall consult
with the Board and consider its recommendations | 10 | | when establishing the schedule
of fees and any increase in fees | 11 | | to be paid by license applicants.
| 12 | | (b) Except as provided in subsection (c) below, the fees | 13 | | for the
administration and enforcement of this Act, including | 14 | | but not limited to
original licensure, renewal, and | 15 | | restoration, shall be set by
rule and shall be nonrefundable.
| 16 | | (b-5) In addition to any fees set by the Department through | 17 | | administrative
rule, the Department shall, at the time of | 18 | | licensure and renewal, collect from
each licensed audiologist a | 19 | | Hearing Instrument Consumer Protection Fee of
$45.
| 20 | | (c) (Blank). Applicants for examination shall be required | 21 | | to pay, either to the
Department or the designated testing | 22 | | service, a fee covering the cost of
initial screening to | 23 | | determine eligibility and to provide the examination.
Failure | 24 | | to appear for the examination on the scheduled date at the time | 25 | | and
place specified, after the application for examination has |
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| 1 | | been received and
acknowledged by the Department or the | 2 | | designated testing service, shall result
in the forfeiture of | 3 | | the examination fee.
| 4 | | (Source: P.A. 90-69, eff. 7-8-97; 91-932, eff. 1-1-01 .)
| 5 | | (225 ILCS 110/16) (from Ch. 111, par. 7916)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 16. Refusal, revocation or suspension of licenses.
| 8 | | (1) The Department may refuse to issue or renew, or may | 9 | | revoke, suspend,
place on probation, censure, reprimand or take | 10 | | other disciplinary or non-disciplinary action as
the | 11 | | Department may deem proper, including fines not to exceed | 12 | | $10,000 for
each violation, with regard to any license for any | 13 | | one or
combination of the following causes:
| 14 | | (a) Fraud in procuring the license.
| 15 | | (b) (Blank).
| 16 | | (c) Willful or repeated violations of the rules of the | 17 | | Department of
Public Health.
| 18 | | (d) Division of fees or agreeing to split or divide the | 19 | | fees received
for speech-language pathology or audiology | 20 | | services with any person for
referring an individual, or | 21 | | assisting in the care or treatment of an
individual, | 22 | | without the knowledge of the individual or his or her legal
| 23 | | representative. Nothing in this paragraph (d) affects any | 24 | | bona fide independent contractor or employment | 25 | | arrangements among health care professionals, health |
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| 1 | | facilities, health care providers, or other entities, | 2 | | except as otherwise prohibited by law. Any employment | 3 | | arrangements may include provisions for compensation, | 4 | | health insurance, pension, or other employment benefits | 5 | | for the provision of services within the scope of the | 6 | | licensee's practice under this Act. Nothing in this | 7 | | paragraph (d) shall be construed to require an employment | 8 | | arrangement to receive professional fees for services | 9 | | rendered.
| 10 | | (e) Employing, procuring, inducing, aiding or abetting | 11 | | a person not
licensed as a speech-language pathologist or | 12 | | audiologist to engage in the
unauthorized practice of | 13 | | speech-language pathology or audiology.
| 14 | | (e-5) Employing, procuring, inducing, aiding, or | 15 | | abetting a person not
licensed as a speech-language | 16 | | pathology assistant to perform the
functions and duties of | 17 | | a speech-language pathology assistant.
| 18 | | (f) Making any misrepresentations or false promises, | 19 | | directly or
indirectly, to influence, persuade or induce | 20 | | patronage.
| 21 | | (g) Professional connection or association with, or | 22 | | lending his or her
name to
another for the illegal practice | 23 | | of speech-language pathology or audiology
by another, or | 24 | | professional connection or association with any person, | 25 | | firm
or corporation holding itself out in any manner | 26 | | contrary to this Act.
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| 1 | | (h) Obtaining or seeking to obtain checks, money, or | 2 | | any other things
of value by false or fraudulent | 3 | | representations, including but not limited
to, engaging in | 4 | | such fraudulent practice to defraud the medical assistance
| 5 | | program of the Department of Healthcare and Family Services | 6 | | (formerly Department of Public Aid).
| 7 | | (i) Practicing under a name other than his or her own.
| 8 | | (j) Improper, unprofessional or dishonorable conduct | 9 | | of a character likely
to deceive, defraud or harm the | 10 | | public.
| 11 | | (k) Conviction by plea of guilty or nolo contendere, | 12 | | finding of guilt, jury verdict, or entry of judgment or | 13 | | sentencing, including, but not limited to, convictions, | 14 | | preceding sentences of supervision, conditional discharge, | 15 | | or first offender probation, under the laws of any | 16 | | jurisdiction of the United States that is (i) a felony or | 17 | | (ii) a misdemeanor, an essential element of which is | 18 | | dishonesty, or that is directly related to the practice of | 19 | | the profession. Conviction of or entry of a plea of guilty | 20 | | or nolo contendere to any crime that is a felony
under the | 21 | | laws of the United States or any state or territory | 22 | | thereof, or that is a misdemeanor of which an essential | 23 | | element is dishonesty, or that is directly related to the | 24 | | practice of the profession.
| 25 | | (1) Permitting a person under his or her supervision to | 26 | | perform any
function
not authorized by this Act.
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| 1 | | (m) A violation of any provision of this Act or rules | 2 | | promulgated
thereunder.
| 3 | | (n) Discipline by another state, the District of | 4 | | Columbia, territory, or
foreign nation of a license to | 5 | | practice speech-language pathology or audiology
or a | 6 | | license to practice as a speech-language pathology | 7 | | assistant in its
jurisdiction if at least one of the | 8 | | grounds for that discipline is the
same as or the | 9 | | equivalent of one of the grounds for discipline set forth
| 10 | | herein.
| 11 | | (o) Willfully failing to report an instance of | 12 | | suspected child abuse or
neglect as required by the Abused | 13 | | and Neglected Child Reporting Act.
| 14 | | (p) Gross or repeated malpractice.
| 15 | | (q) Willfully making or filing false records or reports | 16 | | in his or her
practice
as a speech-language pathologist, | 17 | | speech-language pathology assistant, or
audiologist, | 18 | | including, but not limited
to, false records to support | 19 | | claims against the public assistance program
of the | 20 | | Department of Healthcare and Family Services (formerly
| 21 | | Illinois Department of Public Aid).
| 22 | | (r) Professional incompetence as manifested by poor | 23 | | standards of care or
mental incompetence as declared by a | 24 | | court of competent jurisdiction.
| 25 | | (s) Repeated irregularities in billing a third party | 26 | | for services
rendered to an individual. For purposes of |
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| 1 | | this Section, "irregularities
in billing" shall include:
| 2 | | (i) reporting excessive charges for the purpose of | 3 | | obtaining a total
payment in excess of that usually | 4 | | received by the speech-language
pathologist, | 5 | | speech-language pathology assistant, or audiologist | 6 | | for the
services rendered;
| 7 | | (ii) reporting charges for services not rendered; | 8 | | or
| 9 | | (iii) incorrectly reporting services rendered for | 10 | | the purpose of
obtaining payment not earned.
| 11 | | (t) (Blank).
| 12 | | (u) Violation of the Health Care Worker Self-Referral | 13 | | Act.
| 14 | | (v) Inability to practice with
reasonable judgment, | 15 | | skill, or safety as a result of habitual or excessive use | 16 | | of or addiction to alcohol, narcotics, or stimulants or any | 17 | | other chemical agent or drug or as a result of physical | 18 | | illness, including, but not limited to, deterioration | 19 | | through the aging process or loss of motor skill, mental | 20 | | illness, or disability.
| 21 | | (w) Violation of the Hearing Instrument Consumer | 22 | | Protection Act.
| 23 | | (x) Failure by a speech-language pathology assistant | 24 | | and supervising
speech-language pathologist to comply with | 25 | | the supervision
requirements set forth in Section 8.8.
| 26 | | (y) Willfully Wilfully exceeding the scope of duties |
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| 1 | | customarily undertaken by
speech-language pathology | 2 | | assistants set forth in Section 8.7
that results in, or may | 3 | | result in, harm to the public.
| 4 | | (z) Willfully failing to report an instance of | 5 | | suspected abuse, neglect, financial exploitation, or | 6 | | self-neglect of an eligible adult as defined in and | 7 | | required by the Adult Protective Services Act. | 8 | | (aa) Being named as a perpetrator in an indicated | 9 | | report by the Department on Aging under the Adult | 10 | | Protective Services Act, and upon proof by clear and | 11 | | convincing evidence that the licensee has caused an | 12 | | eligible adult to be abused, neglected, or financially | 13 | | exploited as defined in the Adult Protective Services Act. | 14 | | (bb) Violating Section 8.2 of this Act. | 15 | | (cc) Violating Section 8.3 of this Act. | 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, |
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| 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 |
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| 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 | | restored
reinstated , or
renewed licensure to practice; or, in | 13 | | lieu of care, counseling, or treatment,
the
Board may recommend | 14 | | to the Department to file a complaint to immediately
suspend, | 15 | | revoke, or otherwise discipline the license of the individual.
| 16 | | Any individual whose
license was granted, continued, restored | 17 | | reinstated , renewed, disciplined or supervised
subject to such | 18 | | terms, conditions, or restrictions, and who fails to comply
| 19 | | with
such terms, conditions, or restrictions, shall be referred | 20 | | to the Secretary 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 immediately suspends a | 24 | | person's license
under this Section, a hearing on that person's | 25 | | license must be convened by
the Board within 15 days after the | 26 | | suspension and completed without appreciable
delay.
The Board |
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| 1 | | shall have the authority to review the subject individual's | 2 | | record of
treatment and counseling regarding the impairment to | 3 | | the extent permitted by
applicable federal statutes and | 4 | | regulations safeguarding the confidentiality of
medical | 5 | | 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. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07; | 12 | | 96-1482, eff. 11-29-10.)
| 13 | | (225 ILCS 110/17) (from Ch. 111, par. 7917)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 17. Investigations; notice; hearings. Licenses may be | 16 | | refused, revoked, or suspended in the manner provided by this | 17 | | Act and not otherwise. The Department may upon its own motion | 18 | | and shall upon the verified complaint in writing of any person | 19 | | setting forth facts that if proven would constitute grounds for | 20 | | refusal to issue, suspend, or revoke under this Act, | 21 | | investigate the actions of any person applying for, holding, or | 22 | | 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 |
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| 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 | | or electronic notice may be served by personal delivery , of the | 14 | | same personally to the accused person or by mailing the same by | 15 | | certified mail , or email to the applicant or licensee at his or | 16 | | her address of record or email address of record his or her | 17 | | last known place of residence or to the place of business last | 18 | | specified by the accused person in his or her last notification | 19 | | to the Department . In case the person fails to file an answer | 20 | | after receiving notice, his or her license or certificate may, | 21 | | in the discretion of the Department, be suspended, revoked, or | 22 | | placed on probationary status or the Department may take | 23 | | whatever disciplinary action deemed proper, including limiting | 24 | | the scope, nature, or extent of the person's practice or the | 25 | | imposition of a fine, without a hearing, if the act or acts | 26 | | charged constitute sufficient grounds for such action under |
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| 1 | | this Act. | 2 | | At the time and place fixed in the notice, the Board shall | 3 | | proceed to hearing of the charges and both the accused person | 4 | | and the Department complainant shall be accorded ample | 5 | | opportunity to present, in person or by counsel, any | 6 | | statements, testimony, evidence, and arguments as may be | 7 | | pertinent to the charges or to their defense. The Board may | 8 | | continue such hearing from time to time. If the Board is not | 9 | | sitting at the time and place fixed in the notice or at the | 10 | | time and place to which the hearing shall have been continued, | 11 | | the Department shall continue such hearing for a period not to | 12 | | exceed 30 days.
| 13 | | (Source: P.A. 95-465, eff. 8-27-07.)
| 14 | | (225 ILCS 110/22) (from Ch. 111, par. 7922)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 22. Appointment of a hearing officer. The Secretary | 17 | | has shall have
the authority to appoint any attorney duly | 18 | | licensed to practice law in the
State of Illinois to serve as | 19 | | the hearing officer for any action for
refusal to issue, | 20 | | restore, or renew a license or discipline of a license. The | 21 | | hearing officer
shall have full authority to conduct the | 22 | | hearing. Board members may attend hearings. The hearing officer
| 23 | | shall report his or her findings and recommendations to the | 24 | | Board and the Secretary.
The Board shall
review
the
report of | 25 | | the hearing officer and present its findings of fact,
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| 1 | | conclusions of law and recommendations to the Secretary and to | 2 | | all parties to the proceedings. If the Secretary
disagrees in | 3 | | any regard with the Board's report, he or she may issue an
| 4 | | order in
contravention of the Board's report.
| 5 | | (Source: P.A. 95-465, eff. 8-27-07.)
| 6 | | (225 ILCS 110/23) (from Ch. 111, par. 7923)
| 7 | | (Section scheduled to be repealed on January 1, 2018)
| 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 | | restore reinstate the license to good standing
upon the written | 13 | | recommendation of the Board, unless after an investigation and | 14 | | a hearing, the Board determines that restoration is not in the | 15 | | public interest. No person whose license has been revoked as | 16 | | authorized in this Act may apply for restoration of that | 17 | | license until such time as provided for in the Civil | 18 | | Administrative Code of Illinois. | 19 | | A license that has been suspended or revoked shall be | 20 | | considered nonrenewed for purposes of restoration and a person | 21 | | restoring his or her license from suspension or revocation must | 22 | | comply with the requirements for restoration of a nonrenewed | 23 | | license as set forth in Section 11 of this Act and any related | 24 | | rules adopted.
| 25 | | (Source: P.A. 95-465, eff. 8-27-07.)
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| 1 | | (225 ILCS 110/24.1) | 2 | | (Section scheduled to be repealed on January 1, 2018) | 3 | | Sec. 24.1. Certifications of record; costs. The Department | 4 | | shall not be required to certify any record to the court, to | 5 | | file an answer in court, or to otherwise appear in any court in | 6 | | a judicial review proceeding unless and until the Department | 7 | | has received from the plaintiff there is filed in the court, | 8 | | with the complaint, a receipt from the Department acknowledging | 9 | | payment of the costs of furnishing and certifying the record, | 10 | | which costs shall be determined by the Department. Exhibits | 11 | | shall be certified without cost. Failure on the part of the | 12 | | plaintiff to file the receipt in court is grounds for dismissal | 13 | | of the action.
| 14 | | (Source: P.A. 95-465, eff. 8-27-07.)
| 15 | | (225 ILCS 110/31a)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 31a. Advertising services. | 18 | | (a) A speech-language pathologist or audiologist shall | 19 | | include in
every advertisement for services regulated under
| 20 | | this Act his or her title as it
appears on the license or the | 21 | | initials authorized under this Act.
| 22 | | (b) The terms "audiology", "audiologist", "clinical | 23 | | audiologist", "licensed audiologist", "speech-language | 24 | | pathology", "speech-language pathologist", "clinical |
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| 1 | | speech-language pathologist", "licensed speech-language | 2 | | pathologist", or any other similar term, title, abbreviation, | 3 | | or symbol that may indicate that the person is licensed under | 4 | | this Act shall not be used by any person in any communication | 5 | | that advertises services regulated under this Act unless he or | 6 | | she is licensed under this Act as a speech-language pathologist | 7 | | or an audiologist. An audiologist may use the term "doctor" if | 8 | | it also stated that he or she is a "doctor of audiology". This | 9 | | subsection does not apply to a person who is exempt from | 10 | | licensure under this Act because he or she holds a professional | 11 | | educator license issued pursuant to the School Code with a | 12 | | special education endorsement as a teaching speech-language | 13 | | pathologist or with a school support personnel endorsement as a | 14 | | non-teaching speech-language pathologist issued prior to | 15 | | January 1, 2004. | 16 | | (Source: P.A. 91-310, eff. 1-1-00; 92-510, eff. 6-1-02 .)
| 17 | | (225 ILCS 110/34) (from Ch. 111, par. 7934)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 34. Illinois Administrative Procedure Act. The | 20 | | Illinois Administrative Procedure
Act is hereby expressly | 21 | | adopted and incorporated herein as if all of the
provisions of | 22 | | that Act were included in this Act, except that the provision | 23 | | of
subsection (d) of Section 10-65 of the Illinois | 24 | | Administrative Procedure Act
that provides that at hearings the | 25 | | speech-language pathologist or audiologist
has the right to |
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| 1 | | show compliance with all lawful requirements for retention,
| 2 | | continuation or renewal of the license is specifically | 3 | | excluded. For the
purposes of this Act, the notice required | 4 | | under Section 10-25 of the Illinois
Administrative Procedure | 5 | | Act is deemed sufficient when mailed or emailed to the | 6 | | applicant or licensee at his or her last known
address of | 7 | | record or email address of record a party .
| 8 | | (Source: P.A. 88-45 .)
| 9 | | (225 ILCS 110/34.1 new) | 10 | | Sec. 34.1. Confidentiality. All information collected by | 11 | | the Department in the course of an examination or investigation | 12 | | of a licensee or applicant, including, but not limited to, any | 13 | | complaint against a licensee filed with the Department and | 14 | | information collected to investigate any such complaint, shall | 15 | | be maintained for the confidential use of the Department and | 16 | | shall not be disclosed. The Department may not disclose the | 17 | | information to anyone other than law enforcement officials, | 18 | | other regulatory agencies that have an appropriate regulatory | 19 | | interest as determined by the Secretary, or a party presenting | 20 | | a lawful subpoena to the Department. Information and documents | 21 | | disclosed to a federal, State, county, or local law enforcement | 22 | | agency shall not be disclosed by the agency for any purpose to | 23 | | any other agency or person. A formal complaint filed against a | 24 | | licensee by the Department or any order issued by the | 25 | | Department against a licensee or applicant shall be a public |
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| 1 | | record, except as otherwise prohibited by law.
| 2 | | (225 ILCS 110/10 rep.)
| 3 | | Section 15. The Illinois Speech-Language Pathology and
| 4 | | Audiology Practice Act is amended by repealing Section 10.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law, except that Sections 10 and 15 take effect on | 7 | | January 1, 2018.
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