Full Text of HB2662 096th General Assembly
HB2662 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2662
Introduced 2/20/2009, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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325 ILCS 20/3 |
from Ch. 23, par. 4153 |
325 ILCS 20/10 |
from Ch. 23, par. 4160 |
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Amends the Early Intervention Services System Act. Provides that "fully credentialed early intervention provider" includes a licensed occupational therapist, a licensed occupational therapy assistant, a licensed physical therapist, a licensed physical therapy assistant, a licensed speech language pathologist, a licensed speech language pathology assistant, or a licensed audiologist. In connection with provisions concerning the qualifications of early childhood intervention staff, provides that in the case of a licensed occupational therapist, licensed occupational therapy assistant, licensed physical therapist, licensed physical therapy assistant, licensed speech language pathologist, licensed speech language pathology assistant, or licensed audiologist who provides early intervention services in Illinois, the Department of Human Services shall deem that person's licensure as an occupational therapist, occupational therapy assistant, physical therapist, physical therapy assistant, speech language pathologist, speech language pathology assistant, or audiologist to meet the Act's requirements. Effective immediately.
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A BILL FOR
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HB2662 |
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LRB096 04453 DRJ 14505 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Early Intervention Services System Act is | 5 |
| amended by changing Sections 3 and 10 as follows:
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| (325 ILCS 20/3) (from Ch. 23, par. 4153)
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| Sec. 3. Definitions. As used in this Act:
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| (a) "Eligible infants and toddlers" means infants and | 9 |
| toddlers
under 36 months of age with any of the following | 10 |
| conditions:
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| (1) Developmental delays.
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| (2) A physical or mental condition which typically | 13 |
| results in
developmental delay.
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| (3) Being at risk of having substantial developmental | 15 |
| delays
based on informed clinical judgment.
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| (4) Either (A) having entered the program under any of
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| the circumstances listed in paragraphs (1) through (3) of | 18 |
| this
subsection
but no
longer meeting
the current | 19 |
| eligibility criteria under those paragraphs,
and | 20 |
| continuing to have any measurable delay, or (B) not
having | 21 |
| attained a level of development in each area,
including
(i) | 22 |
| cognitive, (ii) physical (including vision and hearing), | 23 |
| (iii)
language,
speech, and communication, (iv) |
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| psycho-social, or (v) self-help
skills, that
is at least at | 2 |
| the mean of the child's age equivalent peers;
and,
in | 3 |
| addition to either item (A) or item (B), (C)
having
been | 4 |
| determined by the multidisciplinary individualized
family | 5 |
| service plan
team to require the continuation of early | 6 |
| intervention services in order to
support
continuing
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| developmental progress, pursuant to the child's needs and | 8 |
| provided in an
appropriate
developmental manner. The type, | 9 |
| frequency, and intensity of services shall
differ from
the | 10 |
| initial individualized family services plan because of the | 11 |
| child's
developmental
progress, and may consist of only | 12 |
| service coordination, evaluation, and
assessments.
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| (b) "Developmental delay" means a delay in one or more of | 14 |
| the following
areas of childhood development as measured by | 15 |
| appropriate diagnostic
instruments and standard procedures: | 16 |
| cognitive; physical, including vision
and hearing; language, | 17 |
| speech and communication; psycho-social;
or self-help skills. | 18 |
| The term means a delay of 30% or more below the mean in
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| function in one or more of those areas.
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| (c) "Physical or mental condition which typically results | 21 |
| in developmental
delay" means:
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| (1) a diagnosed medical disorder bearing a relatively | 23 |
| well known
expectancy for developmental outcomes within | 24 |
| varying ranges of developmental
disabilities; or
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| (2) a history of prenatal, perinatal, neonatal or early | 26 |
| developmental
events suggestive of biological insults to |
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| the developing central nervous
system and which either | 2 |
| singly or collectively increase the probability of
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| developing a disability or delay based on a medical | 4 |
| history.
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| (d) "Informed clinical judgment" means both clinical | 6 |
| observations and
parental participation to determine | 7 |
| eligibility by a consensus of a
multidisciplinary team of 2 or | 8 |
| more members based on their professional
experience and | 9 |
| expertise.
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| (e) "Early intervention services" means services which:
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| (1) are designed to meet the developmental needs of | 12 |
| each child
eligible under this Act and the needs of his or | 13 |
| her family;
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| (2) are selected in collaboration with the child's | 15 |
| family;
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| (3) are provided under public supervision;
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| (4) are provided at no cost except where a schedule of | 18 |
| sliding scale
fees or other system of payments by families | 19 |
| has been adopted in accordance
with State and federal law;
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| (5) are designed to meet an infant's or toddler's | 21 |
| developmental needs in
any of the following areas:
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| (A) physical development, including vision and | 23 |
| hearing,
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| (B) cognitive development,
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| (C) communication development,
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| (D) social or emotional development, or
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| (E) adaptive development;
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| (6) meet the standards of the State, including the | 3 |
| requirements of this Act;
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| (7) include one or more of the following:
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| (A) family training,
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| (B) social work services, including counseling, | 7 |
| and home visits,
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| (C) special instruction,
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| (D) speech, language pathology and audiology,
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| (E) occupational therapy,
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| (F) physical therapy,
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| (G) psychological services,
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| (H) service coordination services,
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| (I) medical services only for diagnostic or | 15 |
| evaluation purposes,
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| (J) early identification, screening, and | 17 |
| assessment services,
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| (K) health services specified by the lead agency as | 19 |
| necessary to
enable the infant or toddler to benefit | 20 |
| from the other early intervention
services,
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| (L) vision services,
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| (M) transportation, and
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| (N) assistive technology devices and services;
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| (8) are provided by qualified personnel, including but | 25 |
| not limited to:
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| (A) child development specialists or special |
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| educators,
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| (B) speech and language pathologists and | 3 |
| audiologists,
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| (C) occupational therapists,
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| (D) physical therapists,
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| (E) social workers,
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| (F) nurses,
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| (G) nutritionists,
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| (H) optometrists,
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| (I) psychologists, and
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| (J) physicians;
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| (9) are provided in conformity with an Individualized | 13 |
| Family Service Plan;
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| (10) are provided throughout the year; and
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| (11) are provided in natural
environments, including | 16 |
| the home and community settings in which infants
and | 17 |
| toddlers
without
disabilities would participate to the | 18 |
| extent determined by the
multidisciplinary Individualized | 19 |
| Family Service Plan.
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| (f) "Individualized Family Service Plan" or "Plan" means a | 21 |
| written plan for
providing early intervention services to a | 22 |
| child eligible under this Act
and the child's family, as set | 23 |
| forth in Section 11.
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| (g) "Local interagency agreement" means an agreement | 25 |
| entered into by
local community and State and regional agencies | 26 |
| receiving early
intervention funds directly from the State and |
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| made in accordance with
State interagency agreements providing | 2 |
| for the delivery of early
intervention services within a local | 3 |
| community area.
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| (h) "Council" means the Illinois Interagency Council on | 5 |
| Early
Intervention established under Section 4.
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| (i) "Lead agency" means the State agency
responsible for | 7 |
| administering this Act and
receiving and disbursing public | 8 |
| funds received in accordance with State and
federal law and | 9 |
| rules.
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| (i-5) "Central billing office" means the central billing | 11 |
| office created by
the lead agency under Section 13.
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| (j) "Child find" means a service which identifies eligible | 13 |
| infants and
toddlers.
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| (k) "Regional intake entity" means the lead agency's | 15 |
| designated entity
responsible for implementation of the Early | 16 |
| Intervention Services System within
its designated geographic | 17 |
| area.
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| (l) "Early intervention provider" means an individual who | 19 |
| is qualified, as
defined by the lead agency, to provide one or | 20 |
| more types of early intervention
services, and who has enrolled | 21 |
| as a provider in the early intervention program.
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| (m) "Fully credentialed early intervention provider" means | 23 |
| (i) a licensed occupational therapist, a licensed occupational | 24 |
| therapy assistant, a licensed physical therapist, a licensed | 25 |
| physical therapy assistant, a licensed speech language | 26 |
| pathologist, a licensed speech language pathology assistant, |
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LRB096 04453 DRJ 14505 b |
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| or a licensed audiologist or (ii) an individual who
has met the | 2 |
| standards in the State applicable to the relevant
profession, | 3 |
| and has met such other qualifications as the lead agency has
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| determined are suitable for personnel providing early | 5 |
| intervention services,
including pediatric experience, | 6 |
| education, and continuing education. The lead
agency shall | 7 |
| establish these qualifications by rule filed no later than 180
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| days
after the effective date of this amendatory Act of the | 9 |
| 92nd General Assembly.
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| (Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
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| (325 ILCS 20/10) (from Ch. 23, par. 4160)
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| Sec. 10. Standards. The Council and the lead agency, with | 13 |
| assistance
from parents and providers, shall develop and | 14 |
| promulgate policies and
procedures relating to the | 15 |
| establishment and implementation of program and
personnel | 16 |
| standards to ensure that services provided are consistent with
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| any State-approved or recognized certification, licensing, | 18 |
| registration, or
other comparable requirements which apply to | 19 |
| the area of early intervention
program service standards. Only | 20 |
| State-approved public or private early
intervention service | 21 |
| providers shall be eligible to receive State and
federal | 22 |
| funding for early intervention services. All early childhood
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| intervention staff shall hold the highest entry requirement | 24 |
| necessary for that
position. In the case of a licensed | 25 |
| occupational therapist, licensed occupational therapy |
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| assistant, licensed physical therapist, licensed physical | 2 |
| therapy assistant, licensed speech language pathologist, | 3 |
| licensed speech language pathology assistant, or licensed | 4 |
| audiologist who provides early intervention services in | 5 |
| Illinois, the Department of Human Services shall deem that | 6 |
| person's licensure as an occupational therapist, occupational | 7 |
| therapy assistant, physical therapist, physical therapy | 8 |
| assistant, speech language pathologist, speech language | 9 |
| pathology assistant, or audiologist to meet the requirement | 10 |
| under this Section.
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| To be a State-approved early intervention service | 12 |
| provider, an individual
(i) shall
not have served or completed, | 13 |
| within the preceding 5 years, a sentence for
conviction of any | 14 |
| felony that the Department establishes by rule and (ii) shall
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| not have been indicated as a perpetrator of child abuse or | 16 |
| neglect, within the
preceding 5 years, in an investigation by | 17 |
| Illinois (pursuant to the Abused and
Neglected Child Reporting | 18 |
| Act) or another state. The Department is authorized
to receive | 19 |
| criminal background checks for such providers and persons | 20 |
| applying
to be such a provider and to receive child abuse and | 21 |
| neglect reports regarding
indicated perpetrators who are | 22 |
| applying to provide or currently authorized to
provide early | 23 |
| intervention services in Illinois. Beginning January 1, 2004,
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| every provider of State-approved early intervention services | 25 |
| and every
applicant to provide
such services must authorize, in | 26 |
| writing and in the form required by the
Department, a criminal |
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| background check and check of child abuse and neglect
reports | 2 |
| regarding the provider or applicant as a condition of | 3 |
| authorization to
provide early intervention services. The | 4 |
| Department shall use the results of
the checks only to | 5 |
| determine State approval of the early intervention service
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| provider and shall not re-release the information except as | 7 |
| necessary to
accomplish that purpose.
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| (Source: P.A. 93-147, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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