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90_SB0611eng
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Amends the Illinois Speech-Language Pathology and
Audiology Practice Act to extend the sunset date of the Act
to January 1, 2008. Deletes specified fees and provides that
the Department of Professional Regulation shall set by rule
fees imposed under the Act. Allows the Board of
Speech-Language Pathology and Audiology to compel an
applicant or licensee to submit to a mental or physical
examination on a showing of a possible violation of the Act.
Provides that the Director of the Department may petition a
court for an order to enforce the Act. Makes technical
changes. Reorganizes certain provisions within the Act.
Deletes obsolete language. Effective July 1, 1997.
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1 AN ACT extending the Board of Speech-Language Pathology
2 and Audiology, concerning the practice of speech-language
3 pathology and audiology, and amending a named Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Regulatory Agency Sunset Act is amended by
7 changing Section 4.9 and adding Section 4.18 as follows:
8 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
9 (Text of Section before amendment by P.A. 89-702)
10 Sec. 4.9. The following Acts are repealed December 31,
11 1997:
12 The Medical Practice Act of 1987.
13 The Pharmacy Practice Act of 1987.
14 The Illinois Optometric Practice Act of 1987.
15 The Podiatric Medical Practice Act of 1987.
16 The Nursing Home Administrators Licensing and
17 Disciplinary Act.
18 The Physician Assistant Practice Act of 1987.
19 The Illinois Nursing Act of 1987.
20 The Clinical Social Work and Social Work Practice Act.
21 The Clinical Psychologist Licensing Act.
22 The Illinois Speech-Language Pathology and Audiology
23 Practice Act.
24 The Marriage and Family Therapy Licensing Act.
25 (Source: P.A. 87-1237.)
26 (Text of Section after amendment by P.A. 89-702)
27 Sec. 4.9. The following Acts are repealed December 31,
28 1997:
29 The Pharmacy Practice Act of 1987.
30 The Podiatric Medical Practice Act of 1987.
31 The Nursing Home Administrators Licensing and
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1 Disciplinary Act.
2 The Physician Assistant Practice Act of 1987.
3 The Illinois Nursing Act of 1987.
4 The Clinical Social Work and Social Work Practice Act.
5 The Illinois Speech-Language Pathology and Audiology
6 Practice Act.
7 The Marriage and Family Therapy Licensing Act.
8 (Source: P.A. 89-702, eff. 7-1-97.)
9 (5 ILCS 80/4.18 new)
10 Sec. 4.18. Act repealed January 1, 2008. The following
11 Act is repealed January 1, 2008:
12 The Illinois Speech-Language Pathology and Audiology
13 Practice Act.
14 Section 10. The Illinois Speech-Language Pathology and
15 Audiology Practice Act is amended by changing Sections 3, 5,
16 7, 8, 11, 13, 14, 16, 17, 18, 21, 22, 28, 30, and 33 and by
17 adding Sections 3.5, 9.5, 16.5, 28.5, and 29.5 as follows:
18 (225 ILCS 110/3) (from Ch. 111, par. 7903)
19 Sec. 3. Definitions. The following words and phrases
20 shall have the meaning ascribed to them in this Section
21 unless the context clearly indicates otherwise:
22 (a) "Department" means the Illinois Department of
23 Professional Regulation.
24 (b) "Director" means the Director of Professional
25 Regulation.
26 (c) "Board" means the Board of Speech-Language
27 Pathology and Audiology established under Section 5 of
28 this Act.
29 (d) "Speech-Language Pathologist" means a person
30 who has received a license pursuant to Section 9 of this
31 Act and who engages in the practice of speech-language
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1 pathology, as defined herein.
2 (e) "Audiologist" means a person who has received a
3 license pursuant to Section 9 of this Act and who engages
4 in the practice of audiology, as defined herein.
5 (f) "Public member" means a person who is not a
6 health professional. For purposes of board membership,
7 any person with a significant financial interest in a
8 health service or profession is not a public member.
9 (g) "The practice of audiology" is the application
10 of nonmedical methods and procedures for the
11 identification, measurement, testing, appraisal,
12 prediction, habilitation, rehabilitation, or instruction
13 related to hearing and disorders of hearing. These
14 procedures are for the purpose of counseling, consulting
15 and rendering or offering to render services or for
16 participating in the planning, directing or conducting of
17 programs that which are designed to modify communicative
18 disorders involving speech, language or auditory function
19 related to hearing loss. The practice of audiology may
20 include, but shall not be limited to, the following:
21 (1) any task, procedure, act, or practice that
22 is necessary for the evaluation of hearing or
23 vestibular function;
24 (2) training in the use of amplification,
25 including hearing instruments hearing aids;
26 (3) performing basic speech and language
27 screening tests and procedures consistent with
28 audiology training.
29 (h) "The practice of speech-language pathology" is
30 the application of nonmedical methods and procedures for
31 the identification, measurement, testing, appraisal,
32 prediction, habilitation, rehabilitation, and
33 modification related to communication development, and
34 disorders or disabilities of speech, language, voice,
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1 swallowing, and other speech, language and voice related
2 disorders. These procedures are for the purpose of
3 counseling, consulting and rendering or offering to
4 render services, or for participating in the planning,
5 directing or conducting of programs that which are
6 designed to modify communicative disorders and conditions
7 in individuals or groups of individuals involving speech,
8 language, voice and swallowing function.
9 The practice of speech-language pathology shall
10 include, but shall not be limited to, the following:
11 (1) hearing screening tests and aural
12 rehabilitation procedures consistent with
13 speech-language pathology training;
14 (2) tasks, procedures, acts or practices that
15 are necessary for the evaluation of, and training in
16 the use of, augmentative communication systems,
17 communication variation, cognitive rehabilitation,
18 non-spoken language production and comprehension.
19 (Source: P.A. 85-1391.)
20 (225 ILCS 110/3.5)
21 Sec. 3.5. Exemptions. This Act does not prohibit:
22 (a) The practice of speech-language pathology or
23 audiology by students in their course of study in
24 programs approved by the Department when acting under the
25 direction and supervision of licensed speech-language
26 pathologists or audiologists.
27 (b) The performance of any speech-language
28 pathology or audiology service by an appropriately
29 trained person if such service is performed under the
30 supervision and full responsibility of a licensed
31 speech-language pathologist or audiologist.
32 (b-5) The performance of an audiology service by an
33 appropriately trained person if that service is performed
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1 under the supervision and full responsibility of a
2 licensed audiologist.
3 (c) The performance of audiometric testing for the
4 purpose of industrial hearing conservation by an
5 audiometric technician certified by the Council of
6 Accreditation for Occupational Hearing Conservation
7 (CAOHC).
8 (d) The performance of an audiometric screening by
9 an audiometric screenings technician certified by the
10 Department of Public Health.
11 (e) The selling or practice of fitting, dispensing,
12 or servicing hearing instruments by a hearing instrument
13 aid dispenser licensed under the Hearing Instrument
14 Consumer Protection Act.
15 (f) A person licensed in this State under any other
16 Act from engaging in the practice for which he or she is
17 licensed.
18 (g) The performance of vestibular function testing
19 by an appropriately trained person under the supervision
20 of a physician licensed to practice medicine in all its
21 branches.
22 (225 ILCS 110/5) (from Ch. 111, par. 7905)
23 Sec. 5. Board of Speech-Language Pathology and
24 Audiology. There is created a Board of Speech-Language
25 Pathology and Audiology to be composed of persons designated
26 from time to time by the Director, as follows:
27 (a) Five persons, 2 of whom have been licensed
28 speech-language pathologists for a period of 5 years or
29 more, 2 of whom have been licensed audiologists for a
30 period of 5 years or more, and one public member. The
31 board shall annually elect a chairperson chairman and a
32 vice-chairperson.
33 (b) Terms for all members shall be for 3 years. For
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1 initial appointments, one member shall be appointed to
2 serve for one year, 2 shall be appointed to serve for 2
3 years, and the remaining shall be appointed to serve for
4 3 years and until their successors are appointed and
5 qualify. Initial terms shall begin on the effective date
6 of this Act. Partial terms over 2 years in length shall
7 be considered as full terms. A member may be reappointed
8 for a successive term, but no member shall serve more
9 than 2 full terms.
10 (c) The membership of the Board should reasonably
11 reflect representation from the various geographic areas
12 of the State.
13 (d) In making appointments to the Board, the
14 Director shall give due consideration to recommendations
15 by organizations of the speech-language pathology and
16 audiology professions in Illinois, including the Illinois
17 Speech-Language-Hearing Association, and shall promptly
18 give due notice to such organizations of any vacancy in
19 the membership of the Board. The Director may terminate
20 the appointment of any member for any cause, which in the
21 opinion of the Director, reasonably justifies such
22 termination.
23 (e) A majority of the Board members currently
24 appointed shall constitute a quorum. A vacancy in the
25 membership of the Board shall not impair the right of a
26 quorum to exercise all the rights and perform all the
27 duties of the Board.
28 (f) The members of the Board shall each receive as
29 compensation a reasonable sum as determined by the
30 Director for each day actually engaged in the duties of
31 the office, and all legitimate and necessary expenses
32 incurred in attending the meetings of the Board.
33 (g) Members of the Board shall be immune from suit
34 in any action based upon any disciplinary proceedings or
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1 other activities performed in good faith as members of
2 the Board.
3 (h) The Director may consider the recommendations
4 of the Board in establishing guidelines for professional
5 conduct, the conduct of formal disciplinary proceedings
6 brought under this Act, and qualifications of applicants.
7 Notice of proposed rulemaking shall be transmitted to the
8 Board and the Department shall review the response of the
9 Board and any recommendations made in the response. The
10 Department, at any time, may seek the expert advice and
11 knowledge of the Board on any matter relating to the
12 administration or enforcement of this Act.
13 (i) Whenever the Director is satisfied that
14 substantial justice has not been done either in an
15 examination or in the revocation, suspension, or refusal
16 of a license, or other disciplinary action relating to a
17 license, the Director may order a reexamination or
18 rehearing.
19 (Source: P.A. 85-1391.)
20 (225 ILCS 110/7) (from Ch. 111, par. 7907)
21 Sec. 7. Licensure requirement. Necessity for Licensure of
22 Speech-Language Pathologists and Audiologists and
23 Applications for Licenses. (a) On or after June 1, 1989, no
24 person shall practice speech-language pathology or audiology
25 without first applying for and obtaining a license for such
26 purpose from the Department.
27 (b) Applications must be accompanied by the required
28 fee.
29 (c) If an applicant neglects, fails, refuses to take or
30 fails to pass an examination for licensure under this Act
31 within 3 years after filing his application, the fee paid by
32 the applicant shall be forfeited and the application denied.
33 However, such applicant may thereafter make a new application
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1 for examination, accompanied by the required fee and provide
2 evidence of meeting the requirements in force at the time of
3 the new application. In the event an applicant has passed
4 part of an examination administered during the 3 year period,
5 but has failed to pass the examination in its entirety, said
6 individual's partial scores shall be void, and he shall be
7 required to retake all portions of the examination within a
8 successive 3 year period.
9 (d) In lieu of the examination given to other applicants
10 for licensure, the Director may issue a license to an
11 individual who presents proof to the Director that he was
12 actively engaged in the practice of audiology or
13 speech-language pathology, or both, prior to June 1, 1989,
14 and who has practiced such profession in this State for 2 of
15 the last 4 years immediately preceding the enactment of this
16 Act. The Director may issue a license under this subsection
17 (d) to an individual who has actively practiced the
18 profession for at least 4 years, but who does not meet the
19 requirement of practicing 2 of the last 4 years. In
20 addition, such individual shall demonstrate evidence of
21 receiving one of the following: (1) a master's degree or its
22 equivalent in speech-language pathology or audiology, and
23 meeting the certification standards of the American
24 Speech-Language-Hearing Association (ASHA), or (2) a valid
25 Type 10-Speech and Language Impaired Certificate or its
26 equivalent from the Illinois State Board of Education. The
27 application for a license without examination shall be made
28 to the Director within one year of the enactment date of this
29 Act. Prior to the licensure of an individual under this
30 Section, the Director may require that the applicant
31 demonstrate satisfactory knowledge of current developments
32 and procedures in his area of specialization.
33 (Source: P.A. 85-1391.)
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1 (225 ILCS 110/8) (from Ch. 111, par. 7908)
2 Sec. 8. Qualifications of Applicants for Speech-Language
3 Pathology and Audiology licenses. The Department shall
4 require that each applicant for a license to practice shall:
5 (a) (Blank);
6 (b) Be at least 21 years of age;
7 (c) Not have violated any provisions of Section 16
8 of this Act;
9 (d) Present satisfactory evidence of receiving a
10 master's degree in speech-language pathology or audiology
11 from a program approved by the Department. Nothing in
12 this Act shall be construed to prevent any program from
13 establishing higher standards than specified in this Act;
14 (e) Pass an examination authorized by the
15 Department in the theory and practice of the profession,
16 provided that the Department may recognize a certificate
17 granted by the American Speech-Language-Hearing
18 Association in lieu of such examination; and
19 (f) Have completed the equivalent of 9 months of
20 full-time, supervised professional experience.
21 Applicants have 3 years from the date of application to
22 complete the application process. If the process has not been
23 completed within 3 years, the application shall be denied,
24 the fee shall be forfeited, and the applicant must reapply
25 and meet the requirements in effect at the time of
26 reapplication.
27 (Source: P.A. 89-387, eff. 8-20-95.)
28 (225 ILCS 110/9.5 new)
29 Sec. 9.5. Practice by corporations. No license shall be
30 issued by the Department to any corporation, the stated
31 purpose of which includes or that practices or holds itself
32 out as available to practice speech-language pathology or
33 audiology, unless it is organized under the provisions of the
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1 Professional Service Corporation Act.
2 (225 ILCS 110/11) (from Ch. 111, par. 7911)
3 Sec. 11. Expiration, renewal and restoration of
4 licenses.
5 (a) The expiration date and renewal period for each
6 license issued under this Act shall be set by rule. A
7 speech-language pathologist or audiologist may renew such
8 license during the month preceding the expiration date
9 thereof by paying the required fee.
10 (a-5) All renewal applicants shall provide proof of
11 having met the continuing education requirements set forth in
12 the rules of the Department. At a minimum, the rules shall
13 require a renewal applicant to provide proof of completing at
14 least 20 hours of continuing education during the 2-year
15 licensing cycle for which he or she is currently licensed. An
16 audiologist who has met the continuing education requirements
17 of the Hearing Instrument Consumer Protection Act during an
18 equivalent licensing cycle under this Act shall be deemed to
19 have met the continuing education requirements of this Act.
20 The Department shall provide by rule for an orderly process
21 for the reinstatement of licenses that have not been renewed
22 for failure to meet the continuing education requirements.
23 The continuing education requirements may be waived in cases
24 of extreme hardship as defined by rule of the Department.
25 The Department shall establish by rule a means for the
26 verification of completion of the continuing education
27 required by this Section. This verification may be
28 accomplished through audits of records maintained by
29 licensees, by requiring the filing of continuing education
30 certificates with the Department, or by other means
31 established by the Department.
32 (b) Inactive status.
33 (1) Any licensee who notifies the Department in
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1 writing on forms prescribed by the Department, may elect
2 to place his or her license on an inactive status and
3 shall, subject to rules of the Department, be excused
4 from payment of renewal fees until he or she notifies the
5 Department in writing of his or her desire to resume
6 active status.;
7 (2) Any licensee requesting restoration from
8 inactive status shall be required to (i) pay the current
9 renewal fee; and (ii) demonstrate that he or she has
10 obtained the equivalent of 20 hours of continuing
11 education if the licensee has been inactive for 5 years
12 or more. and shall be required to restore his license;
13 (3) Any licensee whose license is in an inactive
14 status shall not practice in the State of Illinois
15 without first restoring his or her license.; and
16 (4) Any licensee who shall engage in the practice
17 while the license is lapsed or inactive shall be
18 considered to be practicing without a license which shall
19 be grounds for discipline under Section 16 of this Act.
20 (c) Any speech-language pathologist or audiologist whose
21 license has expired may have his or her license restored at
22 any time within 5 years after the expiration thereof, upon
23 payment of the required fee.
24 (d) Any person whose license has been expired for more
25 than 5 years or more may have his or her license restored by
26 making application to the Department and filing proof
27 acceptable to the Department of his or her fitness to have
28 his or her license restored, including sworn evidence
29 certifying to active lawful practice in another jurisdiction,
30 and by paying the required restoration fee. A person
31 practicing on an expired license is deemed to be practicing
32 without a license.
33 (e) If a person whose license has expired has not
34 maintained active practice in another jurisdiction, the
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1 Department shall determine, by an evaluation process
2 established by rule, his or her fitness to resume active
3 status and may require the person to complete a period of
4 evaluated clinical experience, and may require successful
5 completion of an examination.
6 (f) Any person whose license has expired while he or she
7 has been engaged (1) in federal or State service on active
8 duty, or (2) in training or education under the supervision
9 of the United States preliminary to induction into the
10 military service, may have his or her license restored
11 without paying any lapsed renewal or restoration fee, if
12 within 2 years after termination of such service, training or
13 education he or she furnishes the Department with
14 satisfactory proof that he or she has been so engaged and
15 that his or her service, training or education has been so
16 terminated.
17 (Source: P.A. 85-1391.)
18 (225 ILCS 110/13) (from Ch. 111, par. 7913)
19 Sec. 13. Licensing applicants from other States.
20 Upon payment of the required fee, an applicant who is a
21 speech-language pathologist or audiologist licensed under the
22 laws of another state or territory of the United States,
23 shall, without examination be granted a license as a
24 speech-language pathologist or audiologist by the Department:
25 (a) whenever the requirements of such state or territory
26 of the United States were at the date of licensure
27 substantially equal to the requirements then in force in this
28 State; or
29 (b) whenever such requirements of another state or
30 territory of the United States together with educational and
31 professional qualifications, as distinguished from practical
32 experience, of the applicant since obtaining a license as
33 speech-language pathologist or audiologist in such state or
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1 territory of the United States are substantially equal to the
2 requirements in force in Illinois at the time of application
3 for licensure as a speech-language pathologist or
4 audiologist.
5 Applicants have 3 years from the date of application to
6 complete the application process. If the process has not been
7 completed within 3 years, the application shall be denied,
8 the fee shall be forfeited, and the applicant must reapply
9 and meet the requirements in effect at the time of
10 reapplication.
11 (Source: P.A. 85-1391.)
12 (225 ILCS 110/14) (from Ch. 111, par. 7914)
13 Sec. 14. Fees.
14 (a) The Department shall provide by rule for a schedule
15 of fees to be paid for licenses by all applicants. The
16 Department shall consult with the Board and consider its
17 recommendations when establishing the schedule of fees and
18 any increase in fees to be paid by license applicants.
19 (b) Except as provided in subsection (c) below, the fees
20 for the administration and enforcement of this Act, including
21 but not limited to original licensure, renewal, and
22 restoration, shall be set by rule and shall be nonrefundable.
23 (c) Applicants for examination shall be required to pay,
24 either to the Department or the designated testing service, a
25 fee covering the cost of initial screening to determine
26 eligibility and to provide the examination. Failure to appear
27 for the examination on the scheduled date at the time and
28 place specified, after the application for examination has
29 been received and acknowledged by the Department or the
30 designated testing service, shall result in the forfeiture of
31 the examination fee.
32 (a) The following fees are non-refundable:
33 1. Application for initial license pursuant to
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1 examination: $90.
2 2. Application for licensure for a person licensed as a
3 speech-language pathologist or audiologist under the laws of
4 another State or territory of the United States: $100.
5 3. Application for renewal of a license: $50 per year.
6 4. (i) Application for restoration of a license, other
7 than from inactive status: $10 plus payment of all lapsed
8 renewal fees.
9 (ii) Application for restoration from inactive status:
10 $10 plus current renewal fees.
11 5. Issuance of a duplicate certificate of licensure,
12 issuance of a replacement certificate for a certificate which
13 has been lost or destroyed or issuance of a certificate with
14 a change of name or address other than during the renewal
15 period: $20. No fee is required for name and address changes
16 on Department records when no duplicate certificate is
17 issued.
18 6. Application for a certification of a licensee's
19 record for any purpose: $20.
20 7. Application for rescoring of an examination: cost to
21 the Department of rescoring the examination, plus any fees
22 charged by the applicable testing service to have the
23 examination rescored.
24 (b) Applicants for any examination shall be required to
25 pay, either to the Department or to the designated testing
26 service, a fee covering the cost of initial screening to
27 determine eligibility and providing the examination.
28 (c) The fee for a wall certificate shall be the actual
29 cost of producing such certificate.
30 (d) The fee for a roster of persons licensed as
31 speech-language pathologists or audiologists in this State
32 shall be the actual cost of producing such a roster.
33 (Source: P.A. 85-1391.)
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1 (225 ILCS 110/16) (from Ch. 111, par. 7916)
2 Sec. 16. Refusal, revocation or suspension of
3 Speech-Language Pathology or Audiology licenses.
4 (1) The Department may refuse to issue or renew, or may
5 revoke, suspend, place on probation, censure, reprimand or
6 take other disciplinary action as the Department may deem
7 proper, including fines not to exceed $5,000 for each
8 violation, with regard to any license or certificate for any
9 one or combination of the following causes:
10 (a) Fraud in procuring the license.
11 (b) Habitual intoxication or addiction to the use
12 of drugs.
13 (c) Willful or repeated violations of the rules of
14 the Department of Public Health.
15 (d) Division of fees or agreeing to split or divide
16 the fees received for speech-language pathology or
17 audiology services with any person for referring an
18 individual, or assisting in the care or treatment of an
19 individual, without the knowledge of the individual or
20 his or her legal representative.
21 (e) Employing, procuring, inducing, aiding or
22 abetting a person not licensed as a speech-language
23 pathologist or audiologist to engage in the unauthorized
24 practice of speech-language pathology or audiology.
25 (f) Making any misrepresentations or false
26 promises, directly or indirectly, to influence, persuade
27 or induce patronage.
28 (g) Professional connection or association with, or
29 lending his or her name to another for the illegal
30 practice of speech-language pathology or audiology by
31 another, or professional connection or association with
32 any person, firm or corporation holding itself out in any
33 manner contrary to this Act.
34 (h) Obtaining or seeking to obtain checks, money,
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1 or any other things of value by false or fraudulent
2 representations, including but not limited to, engaging
3 in such fraudulent practice to defraud the medical
4 assistance program of the Department of Public Aid.
5 (i) Practicing under a name other than his or her
6 own.
7 (j) Improper, unprofessional or dishonorable
8 conduct of a character likely to deceive, defraud or harm
9 the public.
10 (k) Conviction in this or another state of any
11 crime which is a felony under the laws of this State or
12 conviction of a felony in a federal court, if the
13 Department determines, after investigation, that such
14 person has not been sufficiently rehabilitated to warrant
15 the public trust.
16 (1) Permitting a person under his or her
17 supervision to perform any function not authorized by
18 this Act.
19 (m) A violation of any provision of this Act or
20 rules promulgated thereunder.
21 (n) Revocation by another state, the District of
22 Columbia, territory, or foreign nation of a license to
23 practice speech-language pathology or audiology in its
24 jurisdiction if at least one of the grounds for that
25 revocation is the same as or the equivalent of one of the
26 grounds for revocation set forth herein.
27 (o) Willfully failing to report an instance of
28 suspected child abuse or neglect as required by the
29 Abused and Neglected Child Reporting Act.
30 (p) Gross or repeated malpractice resulting in
31 injury or death of an individual.
32 (q) Willfully making or filing false records or
33 reports in his or her practice as a speech-language
34 pathologist or audiologist, including, but not limited
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1 to, false records to support claims against the public
2 assistance program of the Illinois Department of Public
3 Aid.
4 (r) Professional incompetence as manifested by poor
5 standards of care or mental incompetence as declared by a
6 court of competent jurisdiction.
7 (s) Repeated irregularities in billing a third
8 party for services rendered to an individual. For
9 purposes of this Section, "irregularities in billing"
10 shall include:
11 (i) reporting excessive charges for the
12 purpose of obtaining a total payment in excess of
13 that usually received by the speech-language
14 pathologist or audiologist for the services
15 rendered;
16 (ii) reporting charges for services not
17 rendered; or
18 (iii) incorrectly reporting services rendered
19 for the purpose of obtaining payment not earned.
20 (t) (Blank) Failure to file a return, or to pay the
21 tax, penalty or interest shown in a filed return, or to
22 pay any final assessment of tax, penalty or interest, as
23 required by any tax act administered by the Illinois
24 Department of Revenue, until such time as the
25 requirements of any such tax act are satisfied.
26 (u) Violation of the Health Care Worker
27 Self-Referral Act.
28 (v) Physical illness, including but not limited to
29 deterioration through the aging process or loss of motor
30 skill, mental illness, or disability that results in the
31 inability to practice the profession with reasonable
32 judgment, skill, or safety.
33 (2) The Department shall deny a license or renewal
34 authorized by this Act to any person who has defaulted on an
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1 educational loan guaranteed by the Illinois State Scholarship
2 Commission; however, the Department may issue a license or
3 renewal if the aforementioned persons have established a
4 satisfactory repayment record as determined by the Illinois
5 State Scholarship Commission.
6 (3) The entry of an order by a circuit court
7 establishing that any person holding a license under this Act
8 is subject to involuntary admission or judicial admission as
9 provided for in the Mental Health and Developmental
10 Disabilities Code, operates as an automatic suspension of
11 that license. That person may have his or her license
12 restored only upon the determination by a circuit court that
13 the patient is no longer subject to involuntary admission or
14 judicial admission and the issuance of an order so finding
15 and discharging the patient, and upon the Board's
16 recommendation to the Department that the license be
17 restored. Where the circumstances so indicate, the Board may
18 recommend to the Department that it require an examination
19 prior to restoring any license automatically suspended under
20 this subsection.
21 (4) The Department may refuse to issue or may suspend
22 the license of any person who fails to file a return, or to
23 pay the tax, penalty, or interest shown in a filed return, or
24 to pay any final assessment of the tax penalty or interest,
25 as required by any tax Act administered by the Department of
26 Revenue, until such time as the requirements of any such tax
27 Act are satisfied.
28 (5) In enforcing this Section, the Board upon a showing
29 of a possible violation may compel an individual licensed to
30 practice under this Act, or who has applied for licensure
31 pursuant to this Act, to submit to a mental or physical
32 examination, or both, as required by and at the expense of
33 the Department. The examining physicians or clinical
34 psychologists shall be those specifically designated by the
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1 Board. The individual to be examined may have, at his or her
2 own expense, another physician or clinical psychologist of
3 his or her choice present during all aspects of this
4 examination. Failure of any individual to submit to a mental
5 or physical examination, when directed, shall be grounds for
6 suspension of his or her license until the individual submits
7 to the examination if the Board finds, after notice and
8 hearing, that the refusal to submit to the examination was
9 without reasonable cause.
10 If the Board finds an individual unable to practice
11 because of the reasons set forth in this Section, the Board
12 may require that individual to submit to care, counseling, or
13 treatment by physicians or clinical psychologists approved or
14 designated by the Board, as a condition, term, or restriction
15 for continued, reinstated, or renewed licensure to practice;
16 or, in lieu of care, counseling, or treatment, the Board may
17 recommend to the Department to file a complaint to
18 immediately suspend, revoke, or otherwise discipline the
19 license of the individual. Any individual whose license was
20 granted, continued, reinstated, renewed, disciplined or
21 supervised subject to such terms, conditions, or
22 restrictions, and who fails to comply with such terms,
23 conditions, or restrictions, shall be referred to the
24 Director for a determination as to whether the individual
25 shall have his or her license suspended immediately, pending
26 a hearing by the Board.
27 In instances in which the Director immediately suspends a
28 person's license under this Section, a hearing on that
29 person's license must be convened by the Board within 15 days
30 after the suspension and completed without appreciable delay.
31 The Board shall have the authority to review the subject
32 individual's record of treatment and counseling regarding the
33 impairment to the extent permitted by applicable federal
34 statutes and regulations safeguarding the confidentiality of
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1 medical records.
2 An individual licensed under this Act and affected under
3 this Section shall be afforded an opportunity to demonstrate
4 to the Board that he or she can resume practice in compliance
5 with acceptable and prevailing standards under the provisions
6 of his or her license.
7 (Source: P.A. 87-1207.)
8 (225 ILCS 110/16.5 new)
9 Sec. 16.5. Advertising. A person licensed under this Act
10 may advertise the availability of professional services in
11 the public media or on the premises where such professional
12 services are rendered as permitted by law, provided the
13 advertising is truthful and not misleading or deceptive. The
14 Department may adopt rules consistent with this Section.
15 (225 ILCS 110/17) (from Ch. 111, par. 7917)
16 Sec. 17. Investigations; notice of hearing. Upon the
17 motion of either the Department or the Board or upon the
18 verified complaint in writing of any person setting forth
19 facts that which if proven would constitute grounds for
20 refusal to issue, suspension, or revocation of a license or
21 for taking any other disciplinary action with regard to a of
22 license under this Act, the Department Board shall
23 investigate the actions of any person, hereinafter called the
24 "licensee", who holds or represents that he or she holds a
25 license. All such motions or complaints shall be brought to
26 the Board.
27 The Director shall, before refusing to issue, suspending,
28 revoking, placing on probationary status, or taking any other
29 disciplinary action as the Director may deem proper with
30 regard to any license, at least 30 days prior to the date set
31 for the hearing, notify the licensee in writing of any
32 charges made and the time and place for a hearing of the
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1 charges before the Board. The Board shall also direct him to
2 file his or her written answer thereto with the Board under
3 oath within 20 days after the service on him of such notice,
4 and inform him that if he or she fails to file such answer,
5 his or her license may be suspended, revoked, placed on
6 probationary status or other disciplinary action may be taken
7 with regard thereto, including limiting the scope, nature or
8 extent of his or her practice as the Director may deem
9 proper.
10 Such written notice and any notice in such proceeding
11 thereafter may be served by delivery personally to the
12 licensee, or by registered or certified mail to the address
13 specified by the licensee in his or her last notification to
14 the Director.
15 (Source: P.A. 85-1391.)
16 (225 ILCS 110/18) (from Ch. 111, par. 7918)
17 Sec. 18. Disciplinary actions.
18 (a) In case the licensee, after receiving notice, fails
19 to file an answer, his or her license may, in the discretion
20 of the Director, having first received the recommendation of
21 the Board, be suspended, revoked, placed on probationary
22 status or the Director may take whatever disciplinary action
23 he or she may deem proper, including limiting the scope,
24 nature, or extent of the person's practice or the imposition
25 of a fine, without a hearing, if the act or acts charged
26 constitute sufficient grounds for such action under this Act.
27 (b) The Director may temporarily suspend the license of
28 a speech-language pathologist or audiologist without a
29 hearing, simultaneous to the institution of proceedings for a
30 hearing under this Act, if the Director finds that evidence
31 in his or her possession indicates that a speech-language
32 pathologist's or audiologist's continuation in practice would
33 constitute an immediate danger to the public. In the event
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1 that the Director temporarily suspends the license of a
2 speech-language pathologist or audiologist without a hearing,
3 a hearing by the Board must be held within 15 days after such
4 suspension has occurred and concluded without appreciable
5 delay.
6 (c) The entry of a decree by any circuit court
7 establishing that any person holding a license under this Act
8 is a person subject to involuntary admission under the Mental
9 Health and Developmental Disabilities Code shall operate as a
10 suspension of that license. That person may resume his
11 practice only upon a finding by the Board that he has been
12 determined to be no longer subject to involuntary admission
13 by the court and upon the Board's recommendation to the
14 Director that he be permitted to resume his practice.
15 (Source: P.A. 85-1391.)
16 (225 ILCS 110/21) (from Ch. 111, par. 7921)
17 Sec. 21. Recommendations for disciplinary action Action
18 by Director. The Board may advise the Director that probation
19 be granted or that other disciplinary action, including the
20 limitation of the scope, nature or extent of a person's
21 practice, be taken, as it deems proper. If disciplinary
22 action other than suspension or revocation is taken, the
23 Board may advise the Director to impose reasonable
24 limitations and requirements upon the licensee to insure
25 compliance with the terms of the probation or other
26 disciplinary action, including, but not limited to, regular
27 reporting by the licensee to the Director of his or her
28 actions, or the licensee placing himself under the care of a
29 qualified physician for treatment or limiting his or her
30 practice in such manner as the Director may require.
31 The Board shall present to the Director a written report
32 of its findings and recommendations. A copy of such report
33 shall be served upon the licensee, either personally or by
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1 registered or certified mail. Within 20 days after such
2 service, the licensee may present to the Department his or
3 her motion in writing for a rehearing, specifying the
4 particular grounds therefor. If the licensee orders and pays
5 for a transcript of the record, the time elapsing thereafter
6 and before such transcript is ready for delivery to him shall
7 not be counted as part of such 20 days.
8 At the expiration of the time allowed for filing a motion
9 for rehearing, the Director may take the action recommended
10 by the Board. Upon suspension, revocation, placement on
11 probationary status, or the taking of any other disciplinary
12 action, including the limiting of the scope, nature, or
13 extent of one's practice, deemed proper by the Director, with
14 regard to the license, the licensee shall surrender his or
15 her license to the Department if ordered to do so by the
16 Department and upon his or her failure or refusal to do so,
17 the Department may seize such license.
18 In all instances under this Act in which the Board has
19 rendered a recommendation to the Director with respect to a
20 particular person, the Director shall notify the Board if, to
21 the extent that he or she disagrees with or takes action
22 contrary to the recommendation of the Board, file with the
23 Board and the Secretary of State his specific written reasons
24 of disagreement. Such reasons shall be filed within 30 days
25 after the Director has taken the contrary position.
26 Each order of revocation, suspension or other
27 disciplinary action shall contain a brief and concise
28 statement of the ground or grounds upon which the
29 Department's action is based, as well as the specific terms
30 and conditions of such action.
31 (Source: P.A. 85-1391.)
32 (225 ILCS 110/22) (from Ch. 111, par. 7922)
33 Sec. 22. Appointment of a hearing officer. The Director
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1 shall have the authority to appoint any attorney duly
2 licensed to practice law in the State of Illinois to serve as
3 the hearing officer for any action for refusal to issue,
4 renew or discipline of a license. The hearing officer shall
5 have full authority to conduct the hearing. The hearing
6 officer shall report his or her findings and recommendations
7 to the Board and the Director. The Board shall have 60 days
8 after from receipt of the report to review the report of the
9 hearing officer and present its findings of fact, conclusions
10 of law and recommendations to the Director. If the Board
11 fails to present its report within the 60-day period, the
12 Director may shall issue an order based on the report of the
13 hearing officer. If the Director disagrees in any regard
14 with the Board's report, he or she may issue an order in
15 contravention of the Board's report.
16 (Source: P.A. 85-1391.)
17 (225 ILCS 110/28) (from Ch. 111, par. 7928)
18 Sec. 28. Injunction Unlicensed Practice - Injunctions.
19 The practice of speech-language pathology or audiology by any
20 person not holding a valid and current license under this Act
21 is declared to be inimical to the public welfare, to
22 constitute a public nuisance, and to cause irreparable harm
23 to the public welfare. The Director, the Attorney General,
24 the State's attorney of any county in the State or any person
25 may maintain an action in the name of the People of the State
26 of Illinois, and may apply for an injunction in any circuit
27 court to enjoin any such person from engaging in such
28 practice. Upon the filing of a verified petition in such
29 court, the court or any judge thereof, if satisfied by
30 affidavit, or otherwise, that such person has been engaged in
31 such practice without a valid and current license, may issue
32 a temporary injunction without notice or bond, enjoining the
33 defendant from any such further practice. Only the showing of
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1 nonlicensure, by affidavit or otherwise, is necessary in
2 order for a temporary injunction to issue. A copy of the
3 verified complaint shall be served upon the defendant and the
4 proceedings shall thereafter be conducted as in other civil
5 cases except as modified by this Section. If it is
6 established that the defendant has been, or is engaged in any
7 such unlawful practice, the court, or any judge thereof, may
8 enter an order or judgment perpetually enjoining the
9 defendant from further such practice. In all proceedings
10 hereunder, the court, in its discretion, may apportion the
11 costs among the parties interested in the suit, including
12 cost of filing the complaint, service of process, witness
13 fees and expenses, court reporter charges and reasonable
14 attorneys' fees. In case of violation of any injunction
15 issued under the provisions of this Section, the court, or
16 any judge thereof, may summarily try and punish the offender
17 for contempt of court. Such injunction proceedings shall be
18 in addition to, and not in lieu of, all penalties and other
19 remedies provided in this Act.
20 (Source: P.A. 85-1391.)
21 (225 ILCS 110/28.5 new)
22 Sec. 28.5. Cease and desist order. If any person violates
23 the provisions of this Act, the Director, in the name of the
24 People of the State of Illinois, through the Attorney General
25 or the State's Attorney of the county in which the violation
26 is alleged to have occurred, may petition for an order
27 enjoining the violation or for an order enforcing compliance
28 with this Act. Upon the filing of a verified petition, the
29 court with appropriate jurisdiction may issue a temporary
30 restraining order, without notice or bond, and may
31 preliminarily and permanently enjoin the violation. If it is
32 established that the person has violated or is violating the
33 injunction, the court may punish the offender for contempt of
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1 court. Proceedings under this Section are in addition to, and
2 not in lieu of, all other remedies and penalties provided by
3 this Act.
4 Whenever, in the opinion of the Department, a person
5 violates any provision of this Act, the Department may issue
6 a rule to show cause why an order to cease and desist should
7 not be entered against that person. The rule shall clearly
8 set forth the grounds relied upon by the Department and shall
9 allow at least 7 days from the date of the rule to file an
10 answer satisfactory to the Department. Failure to answer to
11 the satisfaction of the Department shall cause an order to
12 cease and desist to be issued.
13 (225 ILCS 110/29.5 new)
14 Sec. 29.5. Unlicensed practice; civil penalty.
15 (a) Any person who practices, offers to practice,
16 attempts to practice, or holds oneself out to practice
17 speech-language pathology or audiology without being licensed
18 under this Act shall, in addition to any other penalty
19 provided by law, pay a civil penalty to the Department in an
20 amount not to exceed $5,000 for each offense as determined by
21 the Department. The civil penalty shall be assessed by the
22 Department after a hearing is held in accordance with the
23 provisions set forth in this Act regarding the provision of a
24 hearing for the discipline of a licensee.
25 (b) The Department has the authority and power to
26 investigate any and all unlicensed activity.
27 (c) The civil penalty shall be paid within 60 days after
28 the effective date of the order imposing the civil penalty.
29 The order shall constitute a judgment and may be filed and
30 execution had thereon in the same manner as any judgment from
31 any court of record.
32 (225 ILCS 110/30) (from Ch. 111, par. 7930)
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1 Sec. 30. Filing license or diploma of another. Any person
2 filing, or attempting to file as his or her own, the diploma
3 or license of another, or a forged affidavit of
4 identification or qualification, shall be deemed guilty of a
5 Class 3 felony, and upon conviction thereof, shall be subject
6 to such fine and imprisonment as is made and provided by the
7 statutes of this State for the crime of forgery.
8 (Source: P.A. 85-1391.)
9 (225 ILCS 110/33) (from Ch. 111, par. 7933)
10 Sec. 33. Exemption from civil liability for peer review
11 committees. While serving upon any peer review committee, any
12 speech-language pathologist or audiologist shall not be
13 liable for civil damages as a result of his or her decisions,
14 findings or recommendations in connection with his or her
15 duties on such committee, except decisions, findings or
16 recommendations involving his or her wilful or wanton
17 misconduct.
18 (Source: P.A. 85-1391.)
19 (225 ILCS 110/6 rep.)
20 (225 ILCS 110/7.5 rep.)
21 (225 ILCS 110/9 rep.)
22 (225 ILCS 110/12 rep.)
23 (225 ILCS 110/31 rep.)
24 (225 ILCS 110/32 rep.)
25 Section 15. The Illinois Speech-Language Pathology and
26 Audiology Practice Act is amended by repealing Sections 6,
27 7.5, 9, 12, 31, and 32.
28 Section 95. No acceleration or delay. Where this Act
29 makes changes in a statute that is represented in this Act by
30 text that is not yet or no longer in effect (for example, a
31 Section represented by multiple versions), the use of that
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1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 99. Effective date. This Act takes effect on July
5 1, 1997.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.9 from Ch. 127, par. 1904.9
4 5 ILCS 80/4.18 new
5 225 ILCS 110/3 from Ch. 111, par. 7903
6 225 ILCS 110/3.5 new
7 225 ILCS 110/5 from Ch. 111, par. 7905
8 225 ILCS 110/7 from Ch. 111, par. 7907
9 225 ILCS 110/8 from Ch. 111, par. 7908
10 225 ILCS 110/9.5 new
11 225 ILCS 110/11 from Ch. 111, par. 7911
12 225 ILCS 110/13 from Ch. 111, par. 7913
13 225 ILCS 110/14 from Ch. 111, par. 7914
14 225 ILCS 110/16 from Ch. 111, par. 7916
15 225 ILCS 110/16.5 new
16 225 ILCS 110/17 from Ch. 111, par. 7917
17 225 ILCS 110/18 from Ch. 111, par. 7918
18 225 ILCS 110/21 from Ch. 111, par. 7921
19 225 ILCS 110/22 from Ch. 111, par. 7922
20 225 ILCS 110/28 from Ch. 111, par. 7928
21 225 ILCS 110/28.5 new
22 225 ILCS 110/29.5 new
23 225 ILCS 110/30 from Ch. 111, par. 7930
24 225 ILCS 110/33 from Ch. 111, par. 7933
25 225 ILCS 110/6 rep.
26 225 ILCS 110/7.5 rep.
27 225 ILCS 110/9 rep.
28 225 ILCS 110/12 rep.
29 225 ILCS 110/31 rep.
30 225 ILCS 110/32 rep.