State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Amendatory Veto Motion 001 ][ Engrossed ]
[ Enrolled ][ Governor's Message ][ House Amendment 001 ]
[ Senate Amendment 001 ]


92_HB1356ren

 
HB1356 Re-Enrolled                             LRB9203588LBmg

 1        AN ACT concerning speech.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  School  Code  is  amended  by  changing
 5    Section  21-14  and  adding  Sections 14-1.09b, 14-1.09c, and
 6    14-6.03 as follows:

 7        (105 ILCS 5/14-1.09b new)
 8        Sec.   14-1.09b.    Speech-language   pathologist.    For
 9    purposes  of  supervision  of  a  speech-language   pathology
10    assistant,  "speech-language  pathologist" means a person who
11    has   received   a   license   pursuant   to   the   Illinois
12    Speech-Language  Pathology  and  Audiology  Practice  Act  to
13    engage in the practice of speech-language pathology.

14        (105 ILCS 5/14-1.09c new)
15        Sec.  14-1.09c.   Speech-language  pathology   assistant.
16    "Speech-language  pathology assistant" means a person who has
17    received a license to assist  a  speech-language  pathologist
18    pursuant   to  the  Illinois  Speech-Language  Pathology  and
19    Audiology Practice Act.

20        (105 ILCS 5/14-6.03 new)
21        Sec. 14-6.03.  Speech-language pathology assistants.
22        (a)  Except as otherwise provided in this subsection,  on
23    or  after January 1, 2002, no person shall perform the duties
24    of  a  speech-language  pathology  assistant  without   first
25    applying  for  and  receiving a license for that purpose from
26    the Department of Professional Regulation. A person  employed
27    as  a  speech-language  pathology  assistant  in  any  class,
28    service,  or  program  authorized by this Article may perform
29    only those  duties  authorized  by  this  Section  under  the
 
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 1    supervision  of  a speech-language pathologist as provided in
 2    this Section. This Section does not apply to  speech-language
 3    pathology  paraprofessionals  approved  by the State Board of
 4    Education.
 5        (b)  A speech-language pathology  assistant  may  not  be
 6    assigned  his  or  her  own  student  caseload.   The student
 7    caseload  limit  of   a   speech-language   pathologist   who
 8    supervises  any speech-language pathology assistants shall be
 9    determined by the severity  of  the  needs  of  the  students
10    served  by  the  speech-language  pathologist.   A  full-time
11    speech-language  pathologist's  caseload limit may not exceed
12    80 students (60 students on or after September  1,  2003)  at
13    any  time.  The caseload limit of a part-time speech-language
14    pathologist shall be determined by multiplying  the  caseload
15    limit   of  a  full-time  speech-language  pathologist  by  a
16    percentage that equals the number  of  hours  worked  by  the
17    part-time  speech-language  pathologist divided by the number
18    of hours worked by a full-time speech-language pathologist in
19    that  school  district.   Employment  of  a   speech-language
20    pathology assistant may not increase or decrease the caseload
21    of the supervising speech-language pathologist.
22        (c)  A  school  district  that  intends  to  utilize  the
23    services   of  a  speech-language  pathology  assistant  must
24    provide written notification to the  parent  or  guardian  of
25    each   student  who  will  be  served  by  a  speech-language
26    pathology assistant.
27        (d)  The scope of  responsibility  of  a  speech-language
28    pathology  assistant  shall  be  limited to supplementing the
29    role of the speech-language pathologist in  implementing  the
30    treatment    program   established   by   a   speech-language
31    pathologist.  The functions and duties of  a  speech-language
32    pathology assistant shall be limited to the following:
33             (1)  Conducting  speech-language  screening, without
34        interpretation, and using screening protocols selected by
 
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 1        the supervising speech-language pathologist.
 2             (2)  Providing  direct   treatment   assistance   to
 3        students  under  the  supervision  of  a  speech-language
 4        pathologist.
 5             (3)  Following and implementing documented treatment
 6        plans   or   protocols   developed   by   a   supervising
 7        speech-language pathologist.
 8             (4)  Documenting  student  progress  toward  meeting
 9        established  objectives, and reporting the information to
10        a supervising speech-language pathologist.
11             (5)  Assisting a speech-language pathologist  during
12        assessments,  including,  but  not  limited to, assisting
13        with  formal  documentation,  preparing  materials,   and
14        performing    clerical    duties    for   a   supervising
15        speech-language pathologist.
16             (6)  Acting  as  an  interpreter   for   non-English
17        speaking students and their family members when competent
18        to do so.
19             (7)  Scheduling  activities  and  preparing  charts,
20        records, graphs, and data.
21             (8)  Performing checks and maintenance of equipment,
22        including, but not limited to, augmentative communication
23        devices.
24             (9)   Assisting   with   speech-language   pathology
25        research projects, in-service  training,  and  family  or
26        community education.
27        (e)  A speech-language pathology assistant may not:
28             (1)  perform    standardized    or   nonstandardized
29        diagnostic tests or formal  or  informal  evaluations  or
30        interpret test results;
31             (2)  screen  or  diagnose  students  for  feeding or
32        swallowing disorders;
33             (3)  participate   in   parent   conferences,   case
34        conferences, or any interdisciplinary  team  without  the
 
HB1356 Re-Enrolled             -4-             LRB9203588LBmg
 1        presence of the supervising speech-language pathologist;
 2             (4)  provide student or family counseling;
 3             (5)  write,   develop,   or   modify   a   student's
 4        individualized treatment plan;
 5             (6)  assist  with  students  without  following  the
 6        individualized treatment plan prepared by the supervising
 7        speech-language pathologist;
 8             (7)  sign  any  formal  documents, such as treatment
 9        plans, reimbursement forms, or reports;
10             (8)  select students for services;
11             (9)  discharge a student from services;
12             (10)  disclose clinical or confidential information,
13        either orally or in writing, to  anyone  other  than  the
14        supervising speech-language pathologist;
15             (11)  make referrals for additional services;
16             (12)  counsel  or  consult with the student, family,
17        or others regarding the student's status or service;
18             (13)  represent  himself  or   herself   to   be   a
19        speech-language pathologist or a speech therapist;
20             (14)  use a checklist or tabulate results of feeding
21        or swallowing evaluations; or
22             (15)  demonstrate     swallowing    strategies    or
23        precautions to students, family, or staff.
24        (f)  A speech-language pathology assistant shall practice
25    only under the supervision of a  speech-language  pathologist
26    who  has  at  least  2  years  experience  in addition to the
27    supervised professional experience required under  subsection
28    (f)  of  Section  8 of the Illinois Speech-Language Pathology
29    and Audiology Practice Act.   A  speech-language  pathologist
30    who  supervises  a  speech-language  pathology assistant must
31    have completed at least 10 clock hours  of  training  in  the
32    supervision  of  speech-language  pathology  assistants.  The
33    State Board of Education shall  promulgate  rules  describing
34    the supervision training requirements.  The rules may allow a
 
HB1356 Re-Enrolled             -5-             LRB9203588LBmg
 1    speech-language  pathologist  to  apply to the State Board of
 2    Education for an exemption  from  this  training  requirement
 3    based upon prior supervisory experience.
 4        (g)  A  speech-language pathology assistant must be under
 5    the direct supervision of a  speech-language  pathologist  at
 6    least 30% of the speech-language pathology assistant's actual
 7    student  contact  time  per  student for the first 90 days of
 8    initial employment as a speech-language pathology  assistant.
 9    Thereafter,  the  speech-language pathology assistant must be
10    under the direct supervision of a speech-language pathologist
11    at least 20% of  the  speech-language  pathology  assistant's
12    actual  student  contact  time per student.  Supervision of a
13    speech-language  pathology  assistant  beyond   the   minimum
14    requirements  of  this  subsection  may  be  imposed  at  the
15    discretion of the supervising speech-language pathologist.  A
16    supervising  speech-language pathologist must be available to
17    communicate  with  a  speech-language   pathology   assistant
18    whenever the assistant is in contact with a student.
19        (h)  A  speech-language  pathologist  that  supervises  a
20    speech-language  pathology  assistant  must  document  direct
21    supervision    activities.    At   a   minimum,   supervision
22    documentation must  provide  (i)  information  regarding  the
23    quality   of   the   speech-language   pathology  assistant's
24    performance of assigned duties  and  (ii)  verification  that
25    clinical  activity  is  limited  to  duties specified in this
26    Section.
27        (i)  A   full-time   speech-language   pathologist    may
28    supervise   no   more   than   2   speech-language  pathology
29    assistants.  A speech-language pathologist that does not work
30    full-time may supervise  no  more  than  one  speech-language
31    pathology assistant.

32        (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
33        Sec. 21-14. Registration and renewal of certificates.
 
HB1356 Re-Enrolled             -6-             LRB9203588LBmg
 1        (a)  A  limited  four-year  certificate  or a certificate
 2    issued  after  July  1,  1955,  shall  be  renewable  at  its
 3    expiration  or  within  60  days  thereafter  by  the  county
 4    superintendent of schools having supervision and control over
 5    the school where  the  teacher  is  teaching  upon  certified
 6    evidence  of meeting the requirements for renewal as required
 7    by this Act and prescribed by the State Board of Education in
 8    consultation with the State Teacher Certification Board.   An
 9    elementary  supervisory  certificate  shall not be renewed at
10    the  end  of  the  first  four-year  period  covered  by  the
11    certificate unless the holder  thereof  has  filed  certified
12    evidence  with  the State Teacher Certification Board that he
13    has a master's degree or that he has earned 8 semester  hours
14    of  credit  in  the  field  of educational administration and
15    supervision in a recognized institution of  higher  learning.
16    The  holder shall continue to earn 8 semester hours of credit
17    each four-year period until such time  as  he  has  earned  a
18    master's degree.
19        All  certificates  not  renewed  or  registered as herein
20    provided shall lapse after a  period  of  5  years  from  the
21    expiration   of   the   last   year  of  registration.   Such
22    certificates may be reinstated for a  one  year  period  upon
23    payment   of   all   accumulated   registration  fees.   Such
24    reinstated certificates shall only be renewed: (1) by earning
25    5 semester hours of credit in  a  recognized  institution  of
26    higher  learning in the field of professional education or in
27    courses related to the holder's contractual teaching  duties;
28    or  (2)  by  presenting  evidence  of holding a valid regular
29    certificate of some  other  type.   Any  certificate  may  be
30    voluntarily   surrendered   by  the  certificate  holder.   A
31    voluntarily surrendered certificate shall  be  treated  as  a
32    revoked certificate.
33        (b)  When   those  teaching  certificates  issued  before
34    February 15, 2000  are  renewed  for  the  first  time  after
 
HB1356 Re-Enrolled             -7-             LRB9203588LBmg
 1    February  15,  2000,  all such teaching certificates shall be
 2    exchanged for Standard Teaching Certificates as  provided  in
 3    subsection  (c)  of  Section  21-2.  All Initial and Standard
 4    Teaching Certificates, including those issued to persons  who
 5    previously  held teaching certificates issued before February
 6    15, 2000, shall be renewable under the conditions  set  forth
 7    in this subsection (b).
 8        Initial  Teaching  Certificates  are nonrenewable and are
 9    valid  for  4  years  of   teaching.      Standard   Teaching
10    Certificates  are  renewable  every  5  years  as provided in
11    subsection (c) of Section 21-2 and  subsection  (c)  of  this
12    Section.  For purposes of this Section, "teaching" is defined
13    as  employment  and  performance  of  services in an Illinois
14    public or State-operated elementary school, secondary school,
15    or cooperative or joint agreement with a  governing  body  or
16    board  of  control, in a certificated teaching position, or a
17    charter school  operating  in  compliance  with  the  Charter
18    Schools Law.
19        (c)  In compliance with subsection (c) of Section 21-2 of
20    this   Code,   which   provides   that  a  Standard  Teaching
21    Certificate may be renewed by the State Teacher Certification
22    Board   based   upon   proof   of   continuing   professional
23    development, the State  Board  of  Education  and  the  State
24    Teacher Certification Board shall jointly:
25             (1)  establish  a  procedure  for  renewing Standard
26        Teaching Certificates, which shall  include  but  not  be
27        limited  to  annual timelines for the renewal process and
28        the components set forth in subsections (d)  through  (k)
29        of this Section;
30             (2)  establish   the   standards   for   certificate
31        renewal;
32             (3)  approve    the    providers    of    continuing
33        professional development activities;
34             (4)  determine  the maximum credit for each category
 
HB1356 Re-Enrolled             -8-             LRB9203588LBmg
 1        of continuing professional development activities,  based
 2        upon    recommendations   submitted   by   a   continuing
 3        professional development activity task force, which shall
 4        consist of 6  staff  members  from  the  State  Board  of
 5        Education,  appointed  by  the  State  Superintendent  of
 6        Education,  and  6 teacher representatives, 3 of whom are
 7        selected by the Illinois Education Association and  3  of
 8        whom are selected by the Illinois Federation of Teachers;
 9             (5)  designate  the type and amount of documentation
10        required to show that continuing professional development
11        activities have been completed; and
12             (6)  provide, on a  timely  basis  to  all  Illinois
13        teachers,  certificate  holders, regional superintendents
14        of schools, school districts, and others with an interest
15        in continuing professional development, information about
16        the standards and requirements  established  pursuant  to
17        this subsection (c).
18        (d)  Any   Standard   Teaching  Certificate  held  by  an
19    individual employed and performing services  in  an  Illinois
20    public or State-operated elementary school, secondary school,
21    or  cooperative  or  joint agreement with a governing body or
22    board of control in a certificated  teaching  position  or  a
23    charter  school  in  compliance  with the Charter Schools Law
24    must be  maintained  Valid  and  Active  through  certificate
25    renewal  activities  specified  in  the  certificate  renewal
26    procedure  established  pursuant  to  subsection  (c) of this
27    Section, provided  that  a  holder  of  a  Valid  and  Active
28    certificate  who is only employed on either a part-time basis
29    or day-to-day basis as a substitute teacher  shall  pay  only
30    the required registration fee to renew his or her certificate
31    and  maintain  it  as  Valid  and Active.  All other Standard
32    Teaching Certificates held may be  maintained  as  Valid  and
33    Exempt  through  the registration process provided for in the
34    certificate  renewal  procedure   established   pursuant   to
 
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 1    subsection   (c)   of  this  Section.   A  Valid  and  Exempt
 2    certificate must be immediately activated, through procedures
 3    developed jointly by the State Board  of  Education  and  the
 4    State  Teacher  Certification  Board,  upon  the  certificate
 5    holder  becoming  employed  and  performing  services  in  an
 6    Illinois   public   or   State-operated   elementary  school,
 7    secondary school, or cooperative or joint  agreement  with  a
 8    governing body or board of control in a certificated teaching
 9    position or a charter school operating in compliance with the
10    Charter  Schools  Law.   A  holder  of  a  Valid  and  Exempt
11    certificate  may  activate  his  or  her  certificate through
12    procedures provided for in the certificate renewal  procedure
13    established pursuant to subsection (c) of this Section.
14        (e)(1)  A  Standard  Teaching  Certificate  that has been
15    maintained as Valid  and  Active  for  the  5  years  of  the
16    certificate's  validity  shall be renewed as Valid and Active
17    upon the  certificate  holder:  (i)  completing  at  least  8
18    semester  hours of coursework as described in subdivision (A)
19    of paragraph (3) of this  subsection  (e);  (ii)  earning  at
20    least   24   continuing   education  units  as  described  in
21    subdivision (B) of paragraph  (3)  of  this  subsection  (e);
22    (iii) completing the National Board for Professional Teaching
23    Standards   process   as  described  in  subdivision  (C)  of
24    paragraph (3) of this subsection (e);  or  (iv)  earning  120
25    continuing   professional   development   units  ("CPDU")  as
26    described  in  subdivision  (D)  of  paragraph  (3)  of  this
27    subsection  (e).    The   maximum   continuing   professional
28    development    units   for   each   continuing   professional
29    development activity identified in subdivisions  (E)  through
30    (I)  of paragraph (3) of this subsection (e) shall be jointly
31    determined by the State Board  of  Education  and  the  State
32    Teacher  Certification  Board.  If,  however, the certificate
33    holder has maintained the certificate as Valid and Exempt for
34    a portion of the 5-year period of  validity,  the  number  of
 
HB1356 Re-Enrolled             -10-            LRB9203588LBmg
 1    continuing professional development units needed to renew the
 2    certificate  as  Valid  and  Active  shall be proportionately
 3    reduced by the amount of time the certificate was  Valid  and
 4    Exempt.  Furthermore, if a certificate holder is employed and
 5    performs teaching services on a part-time basis for all or  a
 6    portion  of  the certificate's 5-year period of validity, the
 7    number of continuing professional development units needed to
 8    renew the certificate as Valid and Active shall be reduced by
 9    50% for the amount of time the certificate  holder  has  been
10    employed  and  performed  teaching  services  on  a part-time
11    basis.  Part-time shall be defined as less than  50%  of  the
12    school day or school term.
13        (2)  Each  Valid and Active Standard Teaching Certificate
14    holder  shall  develop  a  certificate   renewal   plan   for
15    satisfying    the    continuing    professional   development
16    requirement provided for in subsection (c) of Section 21-2 of
17    this Code.  Certificate holders  with  multiple  certificates
18    shall  develop a certificate renewal plan that addresses only
19    that certificate or those certificates that are  required  of
20    his or her certificated teaching position, if the certificate
21    holder  is  employed  and  performing services in an Illinois
22    public or State-operated elementary school, secondary school,
23    or cooperative or joint agreement with a  governing  body  or
24    board  of  control, or that certificate or those certificates
25    most closely related to his or her teaching position, if  the
26    certificate  holder  is employed in a charter school.  Except
27    as otherwise provided in this subsection (e),  a  certificate
28    renewal   plan  shall  include  a  minimum  of  3  individual
29    improvement goals developed by  the  certificate  holder  and
30    shall  reflect  purposes  (A),  (B),  and (C) and may reflect
31    purpose  (D)  of  the   following   continuing   professional
32    development purposes:
33             (A)  Advance both the certificate holder's knowledge
34        and  skills  as  a  teacher  consistent with the Illinois
 
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 1        Professional Teaching Standards and the Illinois  Content
 2        Area  Standards  in  the  certificate  holder's  areas of
 3        certification, endorsement,  or  teaching  assignment  in
 4        order  to  keep  the  certificate holder current in those
 5        areas.
 6             (B)  Develop the certificate holder's knowledge  and
 7        skills  in  areas  determined  to  be  critical  for  all
 8        Illinois  teachers,  as  defined  by  the  State Board of
 9        Education, known as "State priorities".
10             (C)  Address the knowledge, skills, and goals of the
11        certificate holder's local school  improvement  plan,  if
12        the   teacher  is  employed  in  an  Illinois  public  or
13        State-operated elementary school,  secondary  school,  or
14        cooperative  or  joint agreement with a governing body or
15        board of control.
16             (D)  Expand knowledge and skills  in  an  additional
17        teaching  field  or  toward  the  acquisition  of another
18        teaching certificate, endorsement, or relevant  education
19        degree.
20    A  certificate renewal plan must include a description of how
21    these goals are to be achieved and an explanation of selected
22    continuing  professional   development   activities   to   be
23    completed,  each  of  which  must  meet  one  or  more of the
24    continuing professional  development  purposes  specified  in
25    this  paragraph  (2).   The  plan  shall  identify  potential
26    activities   and   include   projected  timelines  for  those
27    activities that will assure completion of the plan before the
28    expiration of the 5-year validity of  the  Standard  Teaching
29    Certificate.  Except as otherwise provided in this subsection
30    (e),  at  least  50%  of  continuing professional development
31    units must relate to purposes (A) and (B) set forth  in  this
32    paragraph  (2):  the  advancement  of  a certificate holder's
33    knowledge  and  skills  as  a  teacher  consistent  with  the
34    Illinois Professional Teaching  Standards  and  the  Illinois
 
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 1    Content  Area  Standards in the certificate holder's areas of
 2    certification, endorsement, or teaching assignment  in  order
 3    to keep the certificate holder current in those areas and the
 4    development of a certificate holder's knowledge and skills in
 5    the  State  priorities that exist at the time the certificate
 6    renewal plan is developed.
 7        A  speech-language  pathologist  or  audiologist  who  is
 8    licensed under the  Illinois  Speech-Language  Pathology  and
 9    Audiology  Practice  Act  and  who  has  met  the  continuing
10    education  requirements of that Act and the rules promulgated
11    under  that  Act  shall  be  deemed  to  have  satisfied  the
12    continuing professional development requirements  established
13    by the State Board of Education and the Teacher Certification
14    Board to renew a Standard Certificate.
15        (3)  Continuing   professional   development   activities
16    included  in  a certificate renewal plan may include, but are
17    not limited to, the following activities:
18             (A)  at least 8 semester hours of coursework  in  an
19        approved  education-related  program, of which at least 2
20        semester hours  relate  to  the  continuing  professional
21        development purpose set forth in purpose (A) of paragraph
22        (2)  of  this  subsection  (e), provided that such a plan
23        need  not  include  any  other  continuing   professional
24        development  activities nor reflect or contain activities
25        related to the other continuing professional  development
26        purposes  set  forth  in paragraph (2) of this subsection
27        (e);
28             (B)  continuing education  units  that  satisfy  the
29        continuing professional development purposes set forth in
30        paragraph   (2)   of   this  subsection  (e),  with  each
31        continuing  education  unit  equal  to  5  clock   hours,
32        provided that a plan that includes at least 24 continuing
33        education  units  (or  120  clock/contact hours) need not
34        include any  other  continuing  professional  development
 
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 1        activities;
 2             (C)  completion    of    the   National   Board   of
 3        Professional  Teaching   Standards   ("NBPTS")   process,
 4        provided  that  a  plan  that  includes completion of the
 5        NBPTS process  need  not  include  any  other  continuing
 6        professional   development   activities  nor  reflect  or
 7        contain activities related to the continuing professional
 8        development  purposes  set  forth  in  paragraph  (2)  of
 9        subsection (e) of this Section;
10             (D)  completion  of  120   continuing   professional
11        development    units    that   satisfy   the   continuing
12        professional development purposes set forth in  paragraph
13        (2)  of  this  subsection  (e)  and  may  include without
14        limitation the activities identified in subdivisions  (E)
15        through (I) of this paragraph (3);
16             (E)  collaboration    and   partnership   activities
17        related to improving the teacher's knowledge  and  skills
18        as a teacher, including the following:
19                  (i)  participating  on  collaborative  planning
20             and professional improvement teams and committees;
21                  (ii)  peer review and coaching;
22                  (iii)  mentoring in a formal mentoring program,
23             including    service   as   a   consulting   teacher
24             participating in a  remediation  process  formulated
25             under Section 24A-5 of this Code;
26                  (iv)  participating in site-based management or
27             decision  making teams, relevant committees, boards,
28             or  task   forces   directly   related   to   school
29             improvement plans;
30                  (v)  coordinating    community   resources   in
31             schools, if the project is a specific  goal  of  the
32             school improvement plan;
33                  (vi)  facilitating  parent  education  programs
34             for a school, school district, or regional office of
 
HB1356 Re-Enrolled             -14-            LRB9203588LBmg
 1             education directly related to student achievement or
 2             school improvement plans;
 3                  (vii)  participating  in  business,  school, or
 4             community partnerships directly related  to  student
 5             achievement or school improvement plans;
 6                  (viii)  supervising   a   student   teacher  or
 7             teacher education candidate in clinical supervision,
 8             provided that the supervision may  only  be  counted
 9             once during the course of 5 years;
10             (F)  college  or  university  coursework  related to
11        improving the teacher's knowledge and skills as a teacher
12        as follows:
13                  (i)  completing   undergraduate   or   graduate
14             credit   earned   from   a   regionally   accredited
15             institution   in   coursework   relevant   to    the
16             certificate   area   being   renewed,  provided  the
17             coursework  meets  Illinois  Professional   Teaching
18             Standards  or  Illinois  Content  Area Standards and
19             supports the essential  characteristics  of  quality
20             professional development; or
21                  (ii)  teaching college or university courses in
22             areas   relevant   to  the  certificate  area  being
23             renewed, provided that  the  teaching  may  only  be
24             counted once during the course of 5 years;
25             (G)  conferences,  workshops,  institutes, seminars,
26        and  symposiums  related  to  improving   the   teacher's
27        knowledge   and   skills  as  a  teacher,  including  the
28        following:
29                  (i)  completing non-university credit  directly
30             related  to  student achievement, school improvement
31             plans, or State priorities;
32                  (ii)  participating   in   or   presenting   at
33             workshops, seminars,  conferences,  institutes,  and
34             symposiums;
 
HB1356 Re-Enrolled             -15-            LRB9203588LBmg
 1                  (iii)  training   as   external  reviewers  for
 2             Quality Assurance;
 3                  (iv)  training  as  reviewers   of   university
 4             teacher preparation programs;
 5             (H)  other   educational   experiences   related  to
 6        improving  the  teacher's  knowledge  and  skills  as   a
 7        teacher, including the following:
 8                  (i)  participating   in   action  research  and
 9             inquiry projects;
10                  (ii)  observing   programs   or   teaching   in
11             schools, related businesses,  or  industry  that  is
12             systematic,  purposeful, and relevant to certificate
13             renewal;
14                  (iii)  traveling  related  to   ones   teaching
15             assignment,  directly related to student achievement
16             or school improvement plans and approved at least 30
17             days prior to the travel experience,  provided  that
18             the traveling shall not include time spent commuting
19             to  destinations  where the learning experience will
20             occur;
21                  (iv)  participating in study groups related  to
22             student achievement or school improvement plans;
23                  (v)  serving  on  a statewide education-related
24             committee, including but not limited  to  the  State
25             Teacher   Certification   Board,   State   Board  of
26             Education  strategic  agenda  teams,  or  the  State
27             Advisory  Council  on  Education  of  Children  with
28             Disabilities;
29                  (vi)  participating in work/learn  programs  or
30             internships; or
31             (I)  professional  leadership experiences related to
32        improving  the  teacher's  knowledge  and  skills  as   a
33        teacher, including the following:
34                  (i)  participating in curriculum development or
 
HB1356 Re-Enrolled             -16-            LRB9203588LBmg
 1             assessment   activities   at   the   school,  school
 2             district, regional office of  education,  State,  or
 3             national level;
 4                  (ii)  participating   in   team  or  department
 5             leadership in a school or school district;
 6                  (iii)  participating on  external  or  internal
 7             school or school district review teams;
 8                  (iv)  publishing educational articles, columns,
 9             or  books  relevant  to  the  certificate area being
10             renewed; or
11                  (v)  participating   in   non-strike    related
12             professional   association   or  labor  organization
13             service  or  activities  related   to   professional
14             development.
15        (4)  A   certificate   renewal  plan  must  initially  be
16    approved  by  the  certificate  holder's  local  professional
17    development committee, as provided for in subsection  (f)  of
18    this   Section.    If   the  local  professional  development
19    committee does not approve the certificate renewal plan,  the
20    certificate  holder  may  appeal  that  determination  to the
21    regional  professional  development  review   committee,   as
22    provided  for  in  paragraph  (2)  of  subsection (g) of this
23    Section.  If the  regional  professional  development  review
24    committee  disagrees  with the local professional development
25    committee's determination, the certificate renewal plan shall
26    be deemed approved  and  the  certificate  holder  may  begin
27    satisfying the continuing professional development activities
28    set   forth  in  the  plan.   If  the  regional  professional
29    development  review   committee   agrees   with   the   local
30    professional   development   committee's  determination,  the
31    certificate renewal plan  shall  be  deemed  disapproved  and
32    shall  be  returned  to  the  certificate holder to develop a
33    revised certificate renewal plan.  In all cases, the regional
34    professional development review committee  shall  immediately
 
HB1356 Re-Enrolled             -17-            LRB9203588LBmg
 1    notify  both the local professional development committee and
 2    the certificate holder of its determination.
 3        (5)  A  certificate  holder  who  wishes  to  modify  the
 4    continuing professional development activities  or  goals  in
 5    his  or her certificate renewal plan must submit the proposed
 6    modifications to his or her  local  professional  development
 7    committee  for  approval  prior  to  engaging in the proposed
 8    activities.  If the local professional development  committee
 9    does  not  approve the proposed modification, the certificate
10    holder  may  appeal  that  determination  to   the   regional
11    professional  development  review  committee, as set forth in
12    paragraph (4) of this subsection (e).
13        (6)  When a certificate  holder  changes  assignments  or
14    school   districts   during   the   course  of  completing  a
15    certificate renewal plan, the  professional  development  and
16    continuing education credit earned pursuant to the plan shall
17    transfer  to  the new assignment or school district and count
18    toward the total requirements.  This certificate renewal plan
19    must  be  reviewed  by  the  appropriate  local  professional
20    development committee and may  be  modified  to  reflect  the
21    certificate  holder's  new  work  assignment  or  the  school
22    improvement  plan  of  the  new  school  district  or  school
23    building.
24        (f)  Notwithstanding  any  other provisions of this Code,
25    each school district,  charter  school,  and  cooperative  or
26    joint  agreement  with  a  governing body or board of control
27    that  employs  certificated  staff,   shall   establish   and
28    implement,  in conjunction with its exclusive representative,
29    if  any,  one  or   more   local   professional   development
30    committees,  as set forth in this subsection (f), which shall
31    perform the following functions:
32             (1)  review and approve  certificate  renewal  plans
33        and  any  modifications  made  to  these plans, including
34        transferred plans;
 
HB1356 Re-Enrolled             -18-            LRB9203588LBmg
 1             (2)  maintain a file of approved certificate renewal
 2        plans;
 3             (3)  monitor  certificate   holders'   progress   in
 4        completing approved certificate renewal plans;
 5             (4)  assist   in  the  development  of  professional
 6        development  plans  based  upon   needs   identified   in
 7        certificate renewal plans;
 8             (5)  determine  whether certificate holders have met
 9        the requirements of their certificate renewal  plans  and
10        notify certificate holders of its determination;
11             (6)  provide   a   certificate   holder   with   the
12        opportunity   to   address  the  committee  when  it  has
13        determined that the certificate holder has  not  met  the
14        requirements of his or her certificate renewal plan;
15             (7)  issue  and  forward recommendations for renewal
16        or nonrenewal of certificate holders'  Standard  Teaching
17        Certificates  to  the appropriate regional superintendent
18        of schools, based upon whether certificate  holders  have
19        met   the  requirements  of  their  approved  certificate
20        renewal  plans,  with  30-day  written  notice   of   its
21        recommendation  provided  to the certificate holder prior
22        to  forwarding  the  recommendation   to   the   regional
23        superintendent  of  schools,  provided  that if the local
24        professional development  committee's  recommendation  is
25        for  certificate  nonrenewal, the written notice provided
26        to the certificate holder shall include a return receipt;
27        and
28             (8)  reconsider its  recommendation  of  certificate
29        nonrenewal, upon request of the certificate holder within
30        30 days of receipt of written notification that the local
31        professional  development  committee  will  make  such  a
32        recommendation,    and    forward    to    the   regional
33        superintendent of schools its  recommendation  within  30
34        days of receipt of the certificate holder's request.
 
HB1356 Re-Enrolled             -19-            LRB9203588LBmg
 1        Each   local  professional  development  committee  shall
 2    consist of at least 3 classroom teachers; one  superintendent
 3    or  chief  administrator  of  the  school  district,  charter
 4    school,  or  cooperative  or  joint  agreement  or his or her
 5    designee; and one at-large member who shall be either  (i)  a
 6    parent,  (ii)  a  member  of  the business community, (iii) a
 7    community member, or (iv) an administrator,  with  preference
 8    given to an individual chosen from among those persons listed
 9    in   items   (i),   (ii),   and  (iii)  in  order  to  secure
10    representation of an interest not already represented on  the
11    committee.   If  mutually agreed upon by the school district,
12    charter school, or governing body or board of  control  of  a
13    cooperative    or   joint   agreement   and   its   exclusive
14    representative, if any, additional members may be added to  a
15    local  professional  development  committee,  provided that a
16    majority of  members  are  classroom  teachers.   The  school
17    district,  charter  school,  or  governing  body  or board of
18    control of a cooperative or joint agreement and its exclusive
19    representative, if any, shall determine the term  of  service
20    of the members of a local professional development committee.
21    All  individuals  selected  to  serve  on  local professional
22    development committees must be known to demonstrate the  best
23    practices in teaching or their respective field of practice.
24        The  exclusive  representative,  if any, shall select the
25    classroom  teacher  members   of   the   local   professional
26    development   committee.    If  no  exclusive  representative
27    exists,  then  the  classroom  teacher  members  of  a  local
28    professional development committee shall be selected  by  the
29    classroom  teachers  that  come within the local professional
30    development  committee's  authority.   The  school  district,
31    charter school, or governing body or board of  control  of  a
32    cooperative   or   joint   agreement   shall   select  the  2
33    non-classroom teacher members (the  superintendent  or  chief
34    administrator  of  the  school  district,  charter school, or
 
HB1356 Re-Enrolled             -20-            LRB9203588LBmg
 1    cooperative or joint agreement or his or her designee and the
 2    at-large  member)  of  a   local   professional   development
 3    committee.   Vacancies  in  positions on a local professional
 4    development committee shall be filled in the same  manner  as
 5    the original selections.  The members of a local professional
 6    development  committee  shall  select  a  chairperson.  Local
 7    professional  development   committee   meetings   shall   be
 8    scheduled  so  as  not  to  interfere with committee members'
 9    regularly scheduled teaching duties,  except  when  otherwise
10    permitted  by the policies of or agreed to or approved by the
11    school district, charter school, or governing body  or  board
12    of  control  of  a  cooperative  or  joint  agreement, or its
13    designee.
14        The board of education or governing board  shall  convene
15    the  first  meeting  of  the  local  professional development
16    committee.  All  actions  taken  by  the  local  professional
17    development  committee  shall  require  that  a  majority  of
18    committee  members be present, and no committee action may be
19    taken unless  50%  or  more  of  those  present  are  teacher
20    members.
21        The  State  Board  of  Education  and  the  State Teacher
22    Certification Board shall jointly provide local  professional
23    development committee members with a training manual, and the
24    members  shall  certify  that they have received and read the
25    manual.
26        Notwithstanding any other provisions of  this  subsection
27    (f),  for  a  teacher  employed  and performing services in a
28    nonpublic or State-operated elementary or  secondary  school,
29    all  references to a local professional development committee
30    shall mean the regional  superintendent  of  schools  of  the
31    regional  office  of  education for the geographic area where
32    the teaching is done.
33        (g)(1)  Each regional  superintendent  of  schools  shall
34    review  and  concur or nonconcur with each recommendation for
 
HB1356 Re-Enrolled             -21-            LRB9203588LBmg
 1    renewal or nonrenewal of a Standard Teaching  Certificate  he
 2    or   she  receives  from  a  local  professional  development
 3    committee  or,  if   a   certificate   holder   appeals   the
 4    recommendation   to  the  regional  professional  development
 5    review  committee,  the   recommendation   for   renewal   or
 6    nonrenewal  he  or  she receives from a regional professional
 7    development review committee and, within 14 days  of  receipt
 8    of  the  recommendation,  shall  provide  the  State  Teacher
 9    Certification  Board  with  verification of the following, if
10    applicable:
11             (A)  a  certificate  renewal  plan  was  filed   and
12        approved    by   the   appropriate   local   professional
13        development committee;
14             (B)  the  professional  development  and  continuing
15        education  activities   set   forth   in   the   approved
16        certificate   renewal   plan   have  been  satisfactorily
17        completed;
18             (C)  the local  professional  development  committee
19        has  recommended  the renewal of the certificate holder's
20        Standard   Teaching   Certificate   and   forwarded   the
21        recommendation, along with all  supporting  documentation
22        as  jointly  required by the State Board of Education and
23        the State Teacher Certification Board,  to  the  regional
24        superintendent of schools;
25             (D)  the  certificate holder has appealed his or her
26        local professional development committee's recommendation
27        of nonrenewal to the  regional  professional  development
28        review committee and the result of that appeal;
29             (E)  the  regional  superintendent  of  schools  has
30        concurred  or  nonconcurred  with  the local professional
31        development   committee's   or   regional    professional
32        development review committee's recommendation to renew or
33        nonrenew   the  certificate  holder's  Standard  Teaching
34        Certificate and made a recommendation to that effect; and
 
HB1356 Re-Enrolled             -22-            LRB9203588LBmg
 1             (F)  the  established  registration  fee   for   the
 2        Standard Teaching Certificate has been paid.
 3    At  the  same  time  the  regional  superintendent of schools
 4    provides the  State  Teacher  Certification  Board  with  the
 5    notice  required by this subsection (g), he or she shall also
 6    notify the certificate holder in writing that this notice has
 7    been provided  to  the  State  Teacher  Certification  Board,
 8    provided   that  if  the  notice  provided  by  the  regional
 9    superintendent of schools to the State Teacher  Certification
10    Board  includes  a  recommendation of certificate nonrenewal,
11    the written notice provided to the certificate  holder  shall
12    be by certified mail, return receipt requested.
13        (2)  Each  certificate  holder  shall  have  the right to
14    appeal his or her local professional development  committee's
15    recommendation  of  nonrenewal  to  the regional professional
16    development review committee, within 14 days  of  receipt  of
17    notice  that the recommendation has been sent to the regional
18    superintendent of schools.  Each regional  superintendent  of
19    schools  shall  establish a regional professional development
20    review committee or committees for the  purpose  of  advising
21    the  regional  superintendent  of  schools, upon request, and
22    handling certificate holder appeals.   This  committee  shall
23    consist    of    at   least   4   classroom   teachers,   one
24    non-administrative  certificated  educational   employee,   2
25    administrators,  and  one at-large member who shall be either
26    (i) a parent, (ii) a member of the business community,  (iii)
27    a community member, or (iv) an administrator, with preference
28    given to an individual chosen from among those persons listed
29    in   items   (i),   (ii),   and  (iii)  in  order  to  secure
30    representation of an interest not already represented on  the
31    committee.   The  teacher and non-administrative certificated
32    educational employee members of the review committee shall be
33    selected by their exclusive representative, if any,  and  the
34    administrators  and  at-large member shall be selected by the
 
HB1356 Re-Enrolled             -23-            LRB9203588LBmg
 1    regional   superintendent    of    schools.     A    regional
 2    superintendent  of  schools may add additional members to the
 3    committee, provided that the same proportion of  teachers  to
 4    administrators  and  at-large  members  on  the  committee is
 5    maintained.  Any additional  teacher  and  non-administrative
 6    certificated  educational  employee members shall be selected
 7    by their exclusive  representative,  if  any.   Vacancies  in
 8    positions  on  a  regional  professional  development  review
 9    committee  shall be filled in the same manner as the original
10    selections.  Committee members shall serve  staggered  3-year
11    terms.    All  individuals  selected  to  serve  on  regional
12    professional development review committees must be  known  to
13    demonstrate   the   best   practices  in  teaching  or  their
14    respective field of practice.
15        The exclusive representative responsible for choosing the
16    individuals that serve on a regional professional development
17    review committee shall notify each school  district,  charter
18    school,   or   governing  body  or  board  of  control  of  a
19    cooperative or  joint  agreement  employing  the  individuals
20    chosen  to  serve  and provide their names to the appropriate
21    regional superintendent of  schools.   Regional  professional
22    development  review  committee meetings shall be scheduled so
23    as not to interfere with  the  committee  members'  regularly
24    scheduled teaching duties, except when otherwise permitted by
25    the  policies  of  or  agreed  to  or  approved by the school
26    district, charter school,  or  governing  body  or  board  of
27    control of a cooperative or joint agreement, or its designee,
28    provided   that  the  school  district,  charter  school,  or
29    governing body or board of  control  shall  not  unreasonably
30    withhold permission for a committee member to attend regional
31    professional development review committee meetings.
32        In a city having a population exceeding 500,000 that does
33    not have a regional office of education, one or more separate
34    regional  professional development review committees shall be
 
HB1356 Re-Enrolled             -24-            LRB9203588LBmg
 1    established as mutually agreed upon by the board of education
 2    of the school district organized under  Article  34  of  this
 3    Code  and  the  exclusive representative.  The composition of
 4    each  committee  shall  be  the  same  as  for   a   regional
 5    professional   development   review  committee,  except  that
 6    members of the committee shall be jointly  appointed  by  the
 7    board  of  education  and  the  exclusive representative. All
 8    other  provisions  of  this   Section   concerning   regional
 9    professional  development  review  committees  shall apply to
10    these committees.
11        The regional professional  development  review  committee
12    may  require  information in addition to that received from a
13    certificate holder's local professional development committee
14    or request that the  certificate  holder  appear  before  it,
15    shall  either  concur  or nonconcur with a local professional
16    development committee's  recommendation  of  nonrenewal,  and
17    shall  forward  to the regional superintendent of schools its
18    recommendation of renewal or nonrenewal.  All  actions  taken
19    by  the  regional  professional  development review committee
20    shall require a quorum and be by a simple majority  of  those
21    present  and  voting.    A  record  of  all  votes  shall  be
22    maintained.  The committee shall have 45 days from receipt of
23    a  certificate  holder's appeal to make its recommendation to
24    the regional superintendent of schools.
25        The State  Board  of  Education  and  the  State  Teacher
26    Certification    Board   shall   jointly   provide   regional
27    professional development  review  committee  members  with  a
28    training  manual, and the members shall be required to attend
29    one training seminar sponsored jointly by the State Board  of
30    Education and the State Teacher Certification Board.
31        (h)(1)  The   State  Teacher  Certification  Board  shall
32    review    the    regional    superintendent    of    schools'
33    recommendations  to  renew  or  nonrenew  Standard   Teaching
34    Certificates   and  notify  certificate  holders  in  writing
 
HB1356 Re-Enrolled             -25-            LRB9203588LBmg
 1    whether their certificates have been  renewed  or  nonrenewed
 2    within  90  days  of receipt of the recommendations, unless a
 3    certificate holder has appealed a regional superintendent  of
 4    schools'   recommendation   of  nonrenewal,  as  provided  in
 5    paragraph (2) of this  subsection  (h).   The  State  Teacher
 6    Certification  Board shall verify that the certificate holder
 7    has met the renewal criteria set forth in  paragraph  (1)  of
 8    subsection (g) of this Section.
 9        (2)  Each  certificate  holder  shall  have  the right to
10    appeal a regional superintendent of  school's  recommendation
11    to  nonrenew  his or her Standard Teaching Certificate to the
12    State Teacher Certification Board, within 14 days of  receipt
13    of  notice  that  the  decision  has  been  sent to the State
14    Teacher Certification  Board,  which  shall  hold  an  appeal
15    hearing  within  60 days of receipt of the appeal.  When such
16    an  appeal  is  taken,  the  certificate  holder's   Standard
17    Teaching  Certificate  shall  continue  to be valid until the
18    appeal   is   finally   determined.    The   State    Teacher
19    Certification  Board shall review the regional superintendent
20    of  school's  recommendation,   the   regional   professional
21    development  review  committee's  recommendation, if any, and
22    the local professional development committee's recommendation
23    and  all  relevant  documentation  to  verify   whether   the
24    certificate  holder has met the renewal criteria set forth in
25    paragraph (1) of subsection (g) of this Section.   The  State
26    Teacher  Certification Board may request that the certificate
27    holder appear before it.  All  actions  taken  by  the  State
28    Teacher  Certification Board shall require a quorum and be by
29    a simple majority of those present and voting.  A  record  of
30    all   votes   shall   be   maintained.    The  State  Teacher
31    Certification Board shall notify the  certificate  holder  in
32    writing,  within 7 days of completing the review, whether his
33    or her Standard Teaching  Certificate  has  been  renewed  or
34    nonrenewed,  provided that if the State Teacher Certification
 
HB1356 Re-Enrolled             -26-            LRB9203588LBmg
 1    Board determines  to  nonrenew  a  certificate,  the  written
 2    notice  provided  to  the  certificate  holder  shall  be  by
 3    certified  mail,  return  receipt requested.  All certificate
 4    renewal  or  nonrenewal  decisions  of  the   State   Teacher
 5    Certification  Board  are final and subject to administrative
 6    review, as set forth in Section 21-24 of this Code.
 7        (i)  Holders of Master Teaching Certificates  shall  meet
 8    the  same  requirements  and  follow  the  same procedures as
 9    holders of Standard Teaching Certificates, except that  their
10    renewal  cycle  shall  be  as  set forth in subsection (d) of
11    Section 21-2 of this Code. A holder of a teaching certificate
12    endorsed  as  a  speech-language  pathologist  who  has  been
13    granted  the  Certificate  of  Clinical  Competence  by   the
14    American Speech-Language Hearing Association may renew his or
15    her  Standard  Teaching  Certificate  pursuant to the 10-year
16    renewal cycle set forth in subsection (d) of Section 21-2  of
17    this Code.
18        (j)  Holders  of  Valid  and  Exempt  Standard and Master
19    Teaching Certificates who are  not  employed  and  performing
20    services  in  an Illinois public or State-operated elementary
21    school, secondary school, or cooperative or  joint  agreement
22    with  a governing body or board of control, in a certificated
23    teaching   position,   may   voluntarily    activate    their
24    certificates  by  developing  and  submitting  a  certificate
25    renewal plan to the regional superintendent of schools of the
26    regional  office  of  education for the geographic area where
27    their teaching is done, who, or whose designee, shall approve
28    the  plan  and  serve  as  the  certificate  holder's   local
29    professional   development   committee.    These  certificate
30    holders shall follow the same renewal criteria and procedures
31    as  all  other  Standard  and  Master  Teaching   Certificate
32    holders,    except   that   their   continuing   professional
33    development plans shall not be required to reflect or address
34    the  knowledge,  skills,  and  goals  of   a   local   school
 
HB1356 Re-Enrolled             -27-            LRB9203588LBmg
 1    improvement plan.
 2        (k)  Each school district, charter school, or cooperative
 3    or joint agreement shall be paid an annual amount of not less
 4    than  $1,000,  as determined by a formula based on the number
 5    of Standard Teaching and Master Teaching Certificate holders,
 6    subject to renewal and established by  rule,  not  to  exceed
 7    $1,000,000   annually   for  all  school  districts,  charter
 8    schools,  and   cooperatives   or   joint   agreements,   for
 9    administrative  costs associated with conducting the meetings
10    of  the  local  professional  development  committee.    Each
11    regional office of education shall receive $2,000 annually to
12    pay  school  districts,  charter  schools, or cooperatives or
13    joint agreements for costs, as defined by rule,  incurred  in
14    staff  attendance at regional professional development review
15    committee meetings and the training  seminar  required  under
16    paragraph (2) of subsection (g) of this Section.
17        (l)  The  State  Board of Education and the State Teacher
18    Certification  Board   shall   jointly   contract   with   an
19    independent  party  to  conduct a comprehensive evaluation of
20    the certificate renewal system pursuant to this Section.  The
21    first report of this evaluation shall  be  presented  to  the
22    General Assembly on January 1, 2005 and on January 1 of every
23    third year thereafter.
24    (Source:  P.A.  90-548,  eff.  1-1-98;  90-653, eff. 7-29-98;
25    90-811, eff. 1-26-99; 91-102, eff. 7-12-99.)

26        Section  10.  The Illinois Speech-Language Pathology  and
27    Audiology  Practice  Act  is  amended by changing Sections 3,
28    3.5, 7, 8, 10, 11, 13, 16, 16.5, 18, 26, 27,  28,  29,  29.5,
29    and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 as follows:

30        (225 ILCS 110/3) (from Ch. 111, par. 7903)
31        Sec.  3.   Definitions.   The following words and phrases
32    shall have the meaning  ascribed  to  them  in  this  Section
 
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 1    unless the context clearly indicates otherwise:
 2        (a)  "Department"  means  the  Department of Professional
 3    Regulation.
 4        (b)  "Director"  means  the  Director   of   Professional
 5    Regulation.
 6        (c)  "Board" means the Board of Speech-Language Pathology
 7    and Audiology established under Section 5 of this Act.
 8        (d)  "Speech-Language Pathologist" means a person who has
 9    received  a  license  pursuant to this Act and who engages in
10    the practice of speech-language pathology.
11        (e)  "Audiologist" means a  person  who  has  received  a
12    license  pursuant to this Act and who engages in the practice
13    of audiology.
14        (f)  "Public member" means a person who is not  a  health
15    professional.    For purposes of board membership, any person
16    with a significant financial interest in a health service  or
17    profession is not a public member.
18        (g)  "The  practice  of  audiology" is the application of
19    nonmedical methods and  procedures  for  the  identification,
20    measurement,  testing,  appraisal,  prediction, habilitation,
21    rehabilitation,  or  instruction  related  to   hearing   and
22    disorders  of  hearing.  These procedures are for the purpose
23    of counseling, consulting and rendering or offering to render
24    services or for participating in the planning,  directing  or
25    conducting   of   programs   that   are  designed  to  modify
26    communicative  disorders  involving   speech,   language   or
27    auditory  function  related  to hearing loss. The practice of
28    audiology may include, but  shall  not  be  limited  to,  the
29    following:
30             (1)  any  task,  procedure, act, or practice that is
31        necessary for the evaluation  of  hearing  or  vestibular
32        function;
33             (2)  training in the use of amplification, including
34        hearing aids;
 
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 1             (3)  performing  basic speech and language screening
 2        tests and procedures consistent with audiology training.
 3        (h)  "The practice of speech-language pathology"  is  the
 4    application  of  nonmedical  methods  and  procedures for the
 5    identification, measurement, testing, appraisal,  prediction,
 6    habilitation,  rehabilitation,  and  modification  related to
 7    communication development, and disorders or  disabilities  of
 8    speech,   language,  voice,  swallowing,  and  other  speech,
 9    language and voice related disorders.  These  procedures  are
10    for  the  purpose  of counseling, consulting and rendering or
11    offering to render services,  or  for  participating  in  the
12    planning,  directing  or  conducting  of  programs  that  are
13    designed  to modify communicative disorders and conditions in
14    individuals  or  groups  of  individuals  involving   speech,
15    language, voice and swallowing function.
16        "The   practice   of   speech-language  pathology"  shall
17    include, but shall not be limited to, the following:
18             (1)  hearing    screening    tests     and     aural
19        rehabilitation procedures consistent with speech-language
20        pathology training;
21             (2)  tasks,  procedures,  acts or practices that are
22        necessary for the evaluation of, and training in the  use
23        of,  augmentative  communication  systems,  communication
24        variation,  cognitive rehabilitation, non-spoken language
25        production and comprehension.
26        (i)  "Speech-language pathology assistant" means a person
27    who has received a license pursuant to this Act to  assist  a
28    speech-language  pathologist  in  the manner provided in this
29    Act.
30    (Source: P.A. 90-69, eff. 7-8-97.)

31        (225 ILCS 110/3.5)
32        Sec. 3.5. Exemptions. This Act does not prohibit:
33             (a)  The practice of  speech-language  pathology  or
 
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 1        audiology  by  students  in  their  course  of  study  in
 2        programs approved by the Department when acting under the
 3        direction  and  supervision  of  licensed speech-language
 4        pathologists or audiologists.
 5             (b)  The   performance   of   any    speech-language
 6        pathology   service   by   a   speech-language  pathology
 7        assistant or a speech-language pathology paraprofessional
 8        an  appropriately  trained  person  if  such  service  is
 9        performed under the supervision and  full  responsibility
10        of  a  licensed  speech-language  pathologist.  A  speech
11        language  pathology  assistant  may  perform  only  those
12        duties authorized by Section 8.7 under the supervision of
13        a speech-language pathologist as provided in Section 8.8.
14             (b-5)  The performance of an audiology service by an
15        appropriately trained person if that service is performed
16        under  the  supervision  and  full  responsibility  of  a
17        licensed audiologist.
18             (c)  The  performance of audiometric testing for the
19        purpose  of  industrial  hearing   conservation   by   an
20        audiometric   technician  certified  by  the  Council  of
21        Accreditation  for  Occupational   Hearing   Conservation
22        (CAOHC).
23             (d)  The  performance of an audiometric screening by
24        an audiometric screenings  technician  certified  by  the
25        Department of Public Health.
26             (e)  The selling or practice of fitting, dispensing,
27        or  servicing hearing instruments by a hearing instrument
28        dispenser licensed under the Hearing Instrument  Consumer
29        Protection Act.
30             (f)  A person licensed in this State under any other
31        Act  from engaging in the practice for which he or she is
32        licensed.
33             (g)  The performance of vestibular function  testing
34        by  an appropriately trained person under the supervision
 
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 1        of a physician licensed to practice medicine in  all  its
 2        branches.
 3    (Source: P.A. 90-69, eff. 7-8-97.)

 4        (225 ILCS 110/7) (from Ch. 111, par. 7907)
 5        Sec.  7. Licensure requirement. On or after June 1, 1989,
 6    no  person  shall  practice  speech-language   pathology   or
 7    audiology  without first applying for and obtaining a license
 8    for such purpose from the Department. Except as  provided  in
 9    this  Section,  on  or after January 1, 2002, no person shall
10    perform  the  functions  and  duties  of  a   speech-language
11    pathology  assistant without first applying for and obtaining
12    a license for that purpose from the Department.
13    (Source: P.A. 90-69, eff. 7-8-97.)

14        (225 ILCS 110/8) (from Ch. 111, par. 7908)
15        Sec.  8.   Qualifications  for   licenses   to   practice
16    speech-language  pathology or audiology. The Department shall
17    require  that  each  applicant  for  a  license  to  practice
18    speech-language pathology or audiology shall:
19             (a)  (Blank);
20             (b)  be at least 21 years of age;
21             (c)  not have violated any provisions of Section  16
22        of this Act;
23             (d)  present  satisfactory  evidence  of receiving a
24        master's degree in speech-language pathology or audiology
25        from a program approved by the  Department.   Nothing  in
26        this  Act  shall be construed to prevent any program from
27        establishing higher standards than specified in this Act;
28             (e)  pass   an   examination   authorized   by   the
29        Department in the theory and practice of the  profession,
30        provided  that the Department may recognize a certificate
31        granted   by   the    American    Speech-Language-Hearing
32        Association in lieu of such examination; and
 
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 1             (f)  have  completed  the  equivalent of 9 months of
 2        full-time, supervised professional experience.
 3        Applicants have 3 years from the date of  application  to
 4    complete the application process. If the process has not been
 5    completed  within  3  years, the application shall be denied,
 6    the fee shall be forfeited, and the  applicant  must  reapply
 7    and   meet   the  requirements  in  effect  at  the  time  of
 8    reapplication.
 9    (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.)

10        (225 ILCS 110/8.5 new)
11        Sec.   8.5.    Qualifications   for   licenses    as    a
12    speech-language   pathology   assistant.   (a)  A  person  is
13    qualified to  be  licensed  as  a  speech-language  pathology
14    assistant  if  that  person  has  applied in writing on forms
15    prescribed by the Department, has paid the required fees, and
16    meets both of the following criteria:
17             (1)  Is of good  moral  character.   In  determining
18        moral   character,   the   Department   may   take   into
19        consideration any felony conviction of the applicant, but
20        such  a  conviction  shall not operate automatically as a
21        complete bar to licensure.
22             (2)  Has  received  an  associate  degree   from   a
23        speech-language pathology assistant program that has been
24        approved  by  the  Department  and that meets the minimum
25        requirements set forth in Section 8.6.
26        (b)  Until January 1, 2004, a person holding a bachelor's
27    level degree in communication disorders who was  employed  to
28    assist a speech-language pathologist on the effective date of
29    this  amendatory  Act  of  the 92nd General Assembly shall be
30    eligible to receive a license as a speech-language  pathology
31    assistant  from  the  Department  upon  completion  of  forms
32    prescribed  by the Department and the payment of the required
33    fee.
 
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 1        (225 ILCS 110/8.6 new)
 2        Sec.  8.6.   Minimum  Requirements  for   Speech-language
 3    pathology assistant programs.
 4        (a)  An  applicant  for  licensure  as  a speech-language
 5    pathology assistant must have earned 60 semester credit hours
 6    in a program of study that includes general education and the
 7    specific knowledge and skills for a speech-language pathology
 8    assistant.  The curriculum  of  a  speech-language  pathology
 9    assistant  program must include all of the following content,
10    as further provided by rule promulgated by the Department:
11             (1)  Thirty-six semester  credit  hours  in  general
12        education.
13             (2)  Twenty-four  semester credit hours in technical
14        content areas designed to provide students with knowledge
15        and  skills  required   for   speech-language   pathology
16        assistants,  which must include (i) an overview of normal
17        processes  of  communication;   (ii)   an   overview   of
18        communication    disorders;    (iii)    instruction    in
19        speech-language    pathology    assistant-level   service
20        delivery  practices;  (iv)   instruction   in   workplace
21        behaviors;   (v)   cultural  and  linguistic  factors  in
22        communication; and (vi) observation.
23             (3)  Completion of at least 100 hours of  supervised
24        field   work   experiences   supervised   by  a  licensed
25        speech-language pathologist at least 50% of the time when
26        the student is engaged in contact  with  the  patient  or
27        client.   An  applicant  must obtain written verification
28        demonstrating successful completion of the required field
29        work experience, including a description of  the  setting
30        in  which  the training was received and an assessment of
31        the student's technical proficiency.
32        (b)  The Department may promulgate rules that change  the
33    curriculum requirements of subsection (a) in order to reflect
34    the   guidelines   for  speech-language  pathology  assistant
 
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 1    programs recommended by the American Speech-Language  Hearing
 2    Association.

 3        (225 ILCS 110/8.7 new)
 4        Sec.    8.7.    Duties   of   speech-language   pathology
 5    assistants.
 6        (a)  The  scope  of  responsibility  of   speech-language
 7    pathology  assistants  shall  be limited to supplementing the
 8    role of a speech-language  pathologist  in  implementing  the
 9    treatment   program   established   by   the  speech-language
10    pathologist.  The functions and duties of  a  speech-language
11    pathology assistant shall be:
12             (1)  conducting  speech-language  screening, without
13        interpretation, and using screening  protocols  developed
14        by the supervising speech-language pathologist;
15             (2)  providing   direct   treatment   assistance  to
16        patients or clients,  if  authorized  by  and  under  the
17        supervision of a speech-language pathologist;
18             (3)  following and implementing documented treatment
19        plans   or   protocols   developed   by   a   supervising
20        speech-language pathologist;
21             (4)  documenting  patient  or client progress toward
22        meeting  established   objectives   and   reporting   the
23        information to a supervising speech-language pathologist;
24             (5)  assisting  a speech-language pathologist during
25        assessments, including, but  not  limited  to,  assisting
26        with   formal  documentation,  preparing  materials,  and
27        performing   clerical   duties    for    a    supervising
28        speech-language pathologist;
29             (6)  acting   as   an  interpreter  for  non-English
30        speaking patients or clients  and  their  family  members
31        when competent to do so;
32             (7)  scheduling  activities  and  preparing  charts,
33        records, graphs, and data;
 
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 1             (8)  performing checks and maintenance of equipment,
 2        including, but not limited to, augmentative communication
 3        devices; and
 4             (9)  assisting    with   speech-language   pathology
 5        research projects, in-service  training,  and  family  or
 6        community education;
 7        (b)  A speech-language pathology assistant may not:
 8             (1)  perform    standardized    or   nonstandardized
 9        diagnostic tests or formal  or  informal  evaluations  or
10        interpret test results;
11             (2)  screen  or  diagnose  patients  or  clients for
12        feeding or swallowing disorders;
13             (3)  participate   in   parent   conferences,   case
14        conferences, or any interdisciplinary  team  without  the
15        presence of the supervising speech-language pathologist;
16             (4)  provide patient or client or family counseling;
17             (5)  write,   develop,  or  modify  a  patient's  or
18        client's individualized treatment plan;
19             (6)  assist  with  patients   or   clients   without
20        following  the  individualized treatment plan prepared by
21        the supervising speech-language pathologist;
22             (7)  sign any formal  documents  such  as  treatment
23        plans, reimbursement forms, or reports;
24             (8)  select patients or clients for services;
25             (9)  discharge a patient or client from services;
26             (10)  disclose clinical or confidential information,
27        either orally or in writing, to  anyone  other  than  the
28        supervising speech-language pathologist;
29             (11)  make referrals for additional services;
30             (12)  counsel or consult with the patient or client,
31        family,  or  others  regarding  the patient's or client's
32        status or service;
33             (13)  represent  himself  or   herself   to   be   a
34        speech-language pathologist;
 
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 1             (14)  use a checklist or tabulate results of feeding
 2        or swallowing evaluations; or
 3             (15)    demonstrate    swallowing    strategies   or
 4        precautions to patients, family, or staff.

 5        (225 ILCS 110/8.8 new)
 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
10    who has at least  2  years  experience  in  addition  to  the
11    supervised  professional experience required under subsection
12    (f) of Section 8 of this Act. A  speech-language  pathologist
13    who  supervises  a  speech-language  pathology assistant must
14    have completed at least  10 clock hours of  training  in  the
15    supervision  of  speech-language  pathology  assistants.  The
16    Department shall promulgate rules describing the  supervision
17    training requirements.  The rules may allow a speech-language
18    pathologist  to apply to the Board for an exemption from this
19    training requirement based upon prior supervisory experience.
20        (b)  A speech-language pathology assistant must be  under
21    the  direct  supervision of a  speech-language pathologist at
22    least 30% of the speech-language pathology assistant's actual
23    patient or client contact time per patient or  client  during
24    the  first 90 days of initial employment as a speech-language
25    pathology assistant.  Thereafter, a speech-language pathology
26    assistant  must  be  under  the  direct  supervision   of   a
27    speech-language    pathologist    at   least   20%   of   the
28    speech-language  pathology  assistant's  actual  patient   or
29    client  contact  time per patient or client. Supervision of a
30    speech-language  pathology  assistant  beyond   the   minimum
31    requirements  of  this  subsection  may  be  imposed  at  the
32    discretion  of  the  supervising speech-language pathologist.
33    A supervising speech-language pathologist must  be  available
 
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 1    to  communicate  with  a  speech-language pathology assistant
 2    whenever the assistant  is  in  contact  with  a  patient  or
 3    client.
 4        (c)  A  speech-language  pathologist  that  supervises  a
 5    speech-language  pathology  assistant  must  document  direct
 6    supervision    activities.    At   a   minimum,   supervision
 7    documentation must  provide  (i)  information  regarding  the
 8    quality   of   the   speech-language   pathology  assistant's
 9    performance of assigned duties, and  (ii)  verification  that
10    clinical  activity  is limited to duties specified in Section
11    8.7.
12        (d)  A   full-time   speech-language   pathologist    may
13    supervise   no   more   than   2   speech-language  pathology
14    assistants.  A speech-language pathologist that does not work
15    full-time may supervise  no  more  than  one  speech-language
16    pathology assistant.
17        (e)  For  purposes  of this Section, "direct supervision"
18    means  on-site,  in-view  observation  and  guidance   by   a
19    speech-language  pathologist  while  an  assigned activity is
20    performed by the speech-language pathology assistant.

21        (225 ILCS 110/10) (from Ch. 111, par. 7910)
22        Sec.  10.   List  of  Speech-Language  Pathologists   and
23    Audiologists.   The  Department  shall maintain a list of the
24    names and  addresses  of  the  speech-language  pathologists,
25    speech-language pathology assistants, and audiologists.  Such
26    lists  shall  also  be mailed by the Department to any person
27    upon request and payment of the required fee.
28    (Source: P.A. 85-1391.)

29        (225 ILCS 110/11) (from Ch. 111, par. 7911)
30        Sec.  11.   Expiration,  renewal   and   restoration   of
31    licenses.
32        (a)  The  expiration  date  and  renewal  period for each
 
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 1    license issued under this  Act  shall  be  set  by  rule.   A
 2    speech-language    pathologist,   speech-language   pathology
 3    assistant, or audiologist may renew such license  during  the
 4    month  preceding  the  expiration  date thereof by paying the
 5    required fee.
 6        (a-5)  All renewal  applicants  shall  provide  proof  of
 7    having met the continuing education requirements set forth in
 8    the  rules  of the Department.  At a minimum, the rules shall
 9    require   a   renewal   applicant   for   licensure   as    a
10    speech-language  pathologist  or audiologist to provide proof
11    of completing at least 20 clock hours of continuing education
12    during the 2-year licensing cycle for  which  he  or  she  is
13    currently licensed. An audiologist who has met the continuing
14    education  requirements  of  the  Hearing Instrument Consumer
15    Protection Act during an  equivalent  licensing  cycle  under
16    this Act shall be deemed to have met the continuing education
17    requirements  of  this  Act.  At  a  minimum, the rules shall
18    require   a   renewal   applicant   for   licensure   as    a
19    speech-language  pathology  assistant  to  provide  proof  of
20    completing  at  least  10 clock hours of continuing education
21    during the 2-year period for which he or she currently  holds
22    a  license.  The  Department  shall  provide  by  rule for an
23    orderly process for the reinstatement of licenses  that  have
24    not been renewed for failure to meet the continuing education
25    requirements.   The  continuing education requirements may be
26    waived in cases of extreme hardship as defined by rule of the
27    Department.
28        The Department shall establish by rule a  means  for  the
29    verification   of  completion  of  the  continuing  education
30    required  by  this  Section.   This   verification   may   be
31    accomplished   through   audits   of  records  maintained  by
32    licensees, by requiring the filing  of  continuing  education
33    certificates   with   the   Department,  or  by  other  means
34    established by the Department.
 
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 1        (b)  Inactive status.
 2             (1)  Any licensee who  notifies  the  Department  in
 3        writing  on  forms prescribed by the Department may elect
 4        to place his or her license on  an  inactive  status  and
 5        shall,  subject  to  rules  of the Department, be excused
 6        from payment of renewal fees until he or she notifies the
 7        Department in writing of his  or  her  desire  to  resume
 8        active status.
 9             (2)  Any   licensee   requesting   restoration  from
10        inactive status shall be required to (i) pay the  current
11        renewal  fee;  and  (ii)  demonstrate  that he or she has
12        obtained  the  equivalent  of  20  hours  of   continuing
13        education  if  the licensee has been inactive for 5 years
14        or more.
15             (3)  Any licensee whose license is  in  an  inactive
16        status  shall  not  practice  in  the  State  of Illinois
17        without first restoring his or her license.
18             (4)  Any licensee who shall engage in  the  practice
19        while   the  license  is  lapsed  or  inactive  shall  be
20        considered to be practicing without a license which shall
21        be grounds for discipline under Section 16 of this Act.
22        (c)  Any  speech-language  pathologist,   speech-language
23    pathology assistant, or audiologist whose license has expired
24    may  have  his  or  her license restored at any time within 5
25    years after the  expiration  thereof,  upon  payment  of  the
26    required fee.
27        (d)  Any  person  whose  license  has  been expired for 5
28    years or more may have his or her license restored by  making
29    application  to the Department and filing proof acceptable to
30    the Department of his or her  fitness  to  have  his  or  her
31    license  restored,  including  sworn  evidence  certifying to
32    active lawful practice in another jurisdiction, and by paying
33    the required restoration fee.   A  person  practicing  on  an
34    expired license is deemed to be practicing without a license.
 
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 1        (e)  If  a  person  whose  license  has  expired  has not
 2    maintained  active  practice  in  another  jurisdiction,  the
 3    Department  shall  determine,  by   an   evaluation   process
 4    established  by  rule,  his  or  her fitness to resume active
 5    status and may require the person to  complete  a  period  of
 6    evaluated  clinical  experience,  and  may require successful
 7    completion of an examination.
 8        (f)  Any person whose license has expired while he or she
 9    has been engaged (1) in federal or State  service  on  active
10    duty,  or  (2) in training or education under the supervision
11    of the  United  States  preliminary  to  induction  into  the
12    military  service,  may  have  his  or  her  license restored
13    without paying any lapsed  renewal  or  restoration  fee,  if
14    within 2 years after termination of such service, training or
15    education   he   or   she   furnishes   the  Department  with
16    satisfactory proof that he or she has  been  so  engaged  and
17    that  his  or  her service, training or education has been so
18    terminated.
19    (Source: P.A. 90-69, eff. 7-8-97.)

20        (225 ILCS 110/13) (from Ch. 111, par. 7913)
21        Sec. 13. Licensing applicants from other States.
22        Upon payment of the required fee, an applicant who  is  a
23    speech-language    pathologist,   speech-language   pathology
24    assistant, or audiologist licensed under the laws of  another
25    state  or  territory  of  the  United  States,  shall without
26    examination  be  granted  a  license  as  a   speech-language
27    pathologist,    speech-language   pathology   assistant,   or
28    audiologist by the Department:
29        (a)  whenever the requirements of such state or territory
30    of  the  United  States  were  at  the  date   of   licensure
31    substantially equal to the requirements then in force in this
32    State; or
33        (b)  whenever  such  requirements  of  another  state  or
 
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 1    territory  of the United States together with educational and
 2    professional qualifications, as distinguished from  practical
 3    experience,  of  the  applicant  since obtaining a license as
 4    speech-language   pathologist,   speech-language    pathology
 5    assistant,  or  audiologist in such state or territory of the
 6    United States are substantially equal to the requirements  in
 7    force in Illinois at the time of application for licensure as
 8    a   speech-language  pathologist,  speech-language  pathology
 9    assistant, or audiologist.
10        Applicants have 3 years from the date of  application  to
11    complete the application process. If the process has not been
12    completed  within  3  years, the application shall be denied,
13    the fee shall be forfeited, and the  applicant  must  reapply
14    and   meet   the  requirements  in  effect  at  the  time  of
15    reapplication.
16    (Source: P.A. 90-69, eff. 7-8-97.)

17        (225 ILCS 110/16) (from Ch. 111, par. 7916)
18        Sec. 16.  Refusal, revocation or suspension of licenses.
19        (1)  The Department may refuse to issue or renew, or  may
20    revoke,  suspend,  place  on probation, censure, reprimand or
21    take other disciplinary action as  the  Department  may  deem
22    proper,  including  fines  not  to  exceed  $5,000  for  each
23    violation,  with  regard  to  any  license  for  any  one  or
24    combination of the following causes:
25             (a)  Fraud in procuring the license.
26             (b)  Habitual  intoxication  or addiction to the use
27        of drugs.
28             (c)  Willful or repeated violations of the rules  of
29        the Department of Public Health.
30             (d)  Division of fees or agreeing to split or divide
31        the   fees  received  for  speech-language  pathology  or
32        audiology services  with  any  person  for  referring  an
33        individual,  or  assisting in the care or treatment of an
 
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 1        individual, without the knowledge of  the  individual  or
 2        his or her legal representative.
 3             (e)  Employing,   procuring,   inducing,  aiding  or
 4        abetting a  person  not  licensed  as  a  speech-language
 5        pathologist  or audiologist to engage in the unauthorized
 6        practice of speech-language pathology or audiology.
 7             (e-5) Employing,  procuring,  inducing,  aiding,  or
 8        abetting  a  person  not  licensed  as  a speech-language
 9        pathology assistant to perform the functions  and  duties
10        of a speech-language pathology assistant.
11             (f)  Making    any   misrepresentations   or   false
12        promises, directly or indirectly, to influence,  persuade
13        or induce patronage.
14             (g)  Professional connection or association with, or
15        lending  his  or  her  name  to  another  for the illegal
16        practice of speech-language  pathology  or  audiology  by
17        another,  or  professional connection or association with
18        any person, firm or corporation holding itself out in any
19        manner contrary to this Act.
20             (h)  Obtaining or seeking to obtain  checks,  money,
21        or  any  other  things  of  value  by false or fraudulent
22        representations, including but not limited  to,  engaging
23        in  such  fraudulent  practice  to  defraud  the  medical
24        assistance program of the Department of Public Aid.
25             (i)  Practicing  under  a name other than his or her
26        own.
27             (j)  Improper,   unprofessional   or    dishonorable
28        conduct of a character likely to deceive, defraud or harm
29        the public.
30             (k)  Conviction  in  this  or  another  state of any
31        crime which is a felony under the laws of this  State  or
32        conviction  of  a  felony  in  a  federal  court,  if the
33        Department determines,  after  investigation,  that  such
34        person has not been sufficiently rehabilitated to warrant
 
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 1        the public trust.
 2             (1)  Permitting   a   person   under   his   or  her
 3        supervision to perform any  function  not  authorized  by
 4        this Act.
 5             (m)  A  violation  of  any  provision of this Act or
 6        rules promulgated thereunder.
 7             (n)  Revocation by another state,  the  District  of
 8        Columbia,  territory,  or  foreign nation of a license to
 9        practice speech-language  pathology  or  audiology  or  a
10        license   to  practice  as  a  speech-language  pathology
11        assistant in its jurisdiction if  at  least  one  of  the
12        grounds  for  that  revocation  is  the  same  as  or the
13        equivalent of one of the grounds for revocation set forth
14        herein.
15             (o)  Willfully failing  to  report  an  instance  of
16        suspected  child  abuse  or  neglect  as  required by the
17        Abused and Neglected Child Reporting Act.
18             (p)  Gross  or  repeated  malpractice  resulting  in
19        injury or death of an individual.
20             (q)  Willfully making or  filing  false  records  or
21        reports  in  his  or  her  practice  as a speech-language
22        pathologist,  speech-language  pathology  assistant,   or
23        audiologist, including, but not limited to, false records
24        to  support  claims against the public assistance program
25        of the Illinois Department of Public Aid.
26             (r)  Professional incompetence as manifested by poor
27        standards of care or mental incompetence as declared by a
28        court of competent jurisdiction.
29             (s)  Repeated  irregularities  in  billing  a  third
30        party  for  services  rendered  to  an  individual.   For
31        purposes of this  Section,  "irregularities  in  billing"
32        shall include:
33                  (i)  reporting   excessive   charges   for  the
34             purpose of obtaining a total payment  in  excess  of
 
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 1             that   usually   received   by  the  speech-language
 2             pathologist, speech-language pathology assistant, or
 3             audiologist for the services rendered;
 4                  (ii)  reporting  charges   for   services   not
 5             rendered; or
 6                  (iii)  incorrectly  reporting services rendered
 7             for the purpose of obtaining payment not earned.
 8             (t)  (Blank).
 9             (u)  Violation   of   the   Health    Care    Worker
10        Self-Referral Act.
11             (v)  Physical  illness, including but not limited to
12        deterioration through the aging process or loss of  motor
13        skill,  mental illness, or disability that results in the
14        inability to  practice  the  profession  with  reasonable
15        judgment, skill, or safety.
16             (w)  Violation  of  the  Hearing Instrument Consumer
17        Protection Act.
18             (x) Failure by a speech-language pathology assistant
19        and supervising  speech-language  pathologist  to  comply
20        with  the  supervision  requirements set forth in Section
21        8.8.
22             (y)  Wilfully  exceeding   the   scope   of   duties
23        customarily  undertaken  by    speech-language  pathology
24        assistants  set  forth in Section 8.7 that results in, or
25        may result in, harm to the public.
26        (2)  The Department  shall  deny  a  license  or  renewal
27    authorized  by this Act to any person who has defaulted on an
28    educational loan guaranteed by the Illinois State Scholarship
29    Commission; however, the Department may issue  a  license  or
30    renewal  if  the  aforementioned  persons  have established a
31    satisfactory repayment record as determined by  the  Illinois
32    State Scholarship Commission.
33        (3)  The   entry   of   an   order  by  a  circuit  court
34    establishing that any person holding a license under this Act
 
HB1356 Re-Enrolled             -45-            LRB9203588LBmg
 1    is subject to involuntary admission or judicial admission  as
 2    provided   for   in   the  Mental  Health  and  Developmental
 3    Disabilities Code, operates as  an  automatic  suspension  of
 4    that  license.  That  person  may  have  his  or  her license
 5    restored only upon the determination by a circuit court  that
 6    the  patient is no longer subject to involuntary admission or
 7    judicial admission and the issuance of an  order  so  finding
 8    and   discharging   the   patient,   and   upon  the  Board's
 9    recommendation  to  the  Department  that  the   license   be
10    restored.  Where the circumstances so indicate, the Board may
11    recommend to the Department that it  require  an  examination
12    prior  to restoring any license automatically suspended under
13    this subsection.
14        (4)  The Department may refuse to issue  or  may  suspend
15    the  license  of any person who fails to file a return, or to
16    pay the tax, penalty, or interest shown in a filed return, or
17    to pay any final assessment of the tax penalty  or  interest,
18    as  required by any tax Act administered by the Department of
19    Revenue, until such time as the requirements of any such  tax
20    Act are satisfied.
21        (5)  In  enforcing this Section, the Board upon a showing
22    of a possible violation may compel an individual licensed  to
23    practice  under  this  Act,  or who has applied for licensure
24    pursuant to this Act, to  submit  to  a  mental  or  physical
25    examination,  or  both,  as required by and at the expense of
26    the  Department.   The  examining  physicians   or   clinical
27    psychologists  shall  be those specifically designated by the
28    Board.  The individual to be examined may have, at his or her
29    own expense, another physician or  clinical  psychologist  of
30    his  or  her  choice  present  during  all  aspects  of  this
31    examination.  Failure of any individual to submit to a mental
32    or  physical examination, when directed, shall be grounds for
33    suspension of his or her license until the individual submits
34    to the examination if  the  Board  finds,  after  notice  and
 
HB1356 Re-Enrolled             -46-            LRB9203588LBmg
 1    hearing,  that  the  refusal to submit to the examination was
 2    without reasonable cause.
 3        If the Board  finds  an  individual  unable  to  practice
 4    because  of  the reasons set forth in this Section, the Board
 5    may require that individual to submit to care, counseling, or
 6    treatment by physicians or clinical psychologists approved or
 7    designated by the Board, as a condition, term, or restriction
 8    for continued, reinstated, or renewed licensure to  practice;
 9    or,  in lieu of care, counseling, or treatment, the Board may
10    recommend  to  the  Department  to  file   a   complaint   to
11    immediately  suspend,  revoke,  or  otherwise  discipline the
12    license of the individual. Any individual whose  license  was
13    granted,   continued,  reinstated,  renewed,  disciplined  or
14    supervised   subject   to   such   terms,   conditions,    or
15    restrictions,  and  who  fails  to  comply  with  such terms,
16    conditions,  or  restrictions,  shall  be  referred  to   the
17    Director  for  a  determination  as to whether the individual
18    shall have his or her license suspended immediately,  pending
19    a hearing by the Board.
20        In instances in which the Director immediately suspends a
21    person's  license  under  this  Section,  a  hearing  on that
22    person's license must be convened by the Board within 15 days
23    after the suspension and completed without appreciable delay.
24    The Board shall have the  authority  to  review  the  subject
25    individual's record of treatment and counseling regarding the
26    impairment  to  the  extent  permitted  by applicable federal
27    statutes and regulations safeguarding the confidentiality  of
28    medical records.
29        An  individual licensed under this Act and affected under
30    this Section shall be afforded an opportunity to  demonstrate
31    to the Board that he or she can resume practice in compliance
32    with acceptable and prevailing standards under the provisions
33    of his or her license.
34    (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.)
 
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 1        (225 ILCS 110/16.5)
 2        Sec.  16.5. Advertising. A person licensed under this Act
 3    as a speech-language pathologist or audiologist may advertise
 4    the availability of professional services in the public media
 5    or on the  premises  where  such  professional  services  are
 6    rendered  as  permitted  by  law, provided the advertising is
 7    truthful and not misleading or deceptive. The Department  may
 8    adopt rules consistent with this Section.
 9    (Source: P.A. 90-69, eff. 7-8-97.)

10        (225 ILCS 110/18) (from Ch. 111, par. 7918)
11        Sec. 18.  Disciplinary actions.
12        (a)  In  case the licensee, after receiving notice, fails
13    to file an answer, his or her license may, in the  discretion
14    of  the Director, having first received the recommendation of
15    the Board, be  suspended,  revoked,  placed  on  probationary
16    status  or the Director may take whatever disciplinary action
17    he or she may deem  proper,  including  limiting  the  scope,
18    nature,  or extent of the person's practice or the imposition
19    of a fine, without a hearing, if  the  act  or  acts  charged
20    constitute sufficient grounds for such action under this Act.
21        (b)  The  Director may temporarily suspend the license of
22    a  speech-language  pathologist,  speech-language   pathology
23    assistant,  or audiologist without a hearing, simultaneous to
24    the institution of proceedings for a hearing under this  Act,
25    if  the Director finds that evidence in his or her possession
26    indicates    that    a     speech-language     pathologist's,
27    speech-language  pathology  assistant's,  or an audiologist's
28    continuation in practice would constitute an immediate danger
29    to the public.  In the event that  the  Director  temporarily
30    suspends   the  license  of  a  speech-language  pathologist,
31    speech-language pathology assistant, or audiologist without a
32    hearing, a hearing by the Board must be held within  15  days
33    after  such  suspension  has  occurred  and concluded without
 
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 1    appreciable delay.
 2    (Source: P.A. 90-69, eff. 7-8-97.)

 3        (225 ILCS 110/26) (from Ch. 111, par. 7926)
 4        Sec. 26.  Confidential Information - Disclosure.  In  all
 5    hearings  conducted  under  this  Act,  information received,
 6    pursuant to law, relating to any information  acquired  by  a
 7    speech-language    pathologist,   speech-language   pathology
 8    assistant, or audiologist in  serving  any  individual  in  a
 9    professional  capacity, and necessary to professionally serve
10    such individual, shall be deemed  strictly  confidential  and
11    shall only be made available, either as part of the record of
12    a hearing hereunder or otherwise;
13        (a)  when  such  record is required, in its entirety, for
14    purposes of judicial review pursuant to this Act; or
15        (b)  upon the express, written consent of the  individual
16    served, or in the case of his or her death or disability, the
17    consent of his or her personal representative.
18    (Source: P.A. 85-1391.)

19        (225 ILCS 110/27) (from Ch. 111, par. 7927)
20        Sec.  27.   Reports  of  Violations.  Any person licensed
21    under this Act, or  any  other  person,  may  report  to  the
22    Department any information such person may have which appears
23    to  show  that a speech-language pathologist, speech-language
24    pathology assistant, or audiologist is or may be in violation
25    of any of the provisions of this Act.
26    (Source: P.A. 85-1391.)

27        (225 ILCS 110/28) (from Ch. 111, par. 7928)
28        Sec. 28.  Injunction.  The  practice  of  speech-language
29    pathology  or audiology by any person not holding a valid and
30    current license under this Act or  a  person  performing  the
31    functions and duties of a speech-language pathology assistant
 
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 1    without  a  valid  and  current  license  under  this Act, is
 2    declared to be inimical to the public welfare, to  constitute
 3    a  public  nuisance,  and  to  cause  irreparable harm to the
 4    public welfare.  The  Director,  the  Attorney  General,  the
 5    State's attorney of any county in the State or any person may
 6    maintain  an action in the name of the People of the State of
 7    Illinois, and may apply for  an  injunction  in  any  circuit
 8    court  to  enjoin  any  such  person  from  engaging  in such
 9    practice.  Upon the filing of a  verified  petition  in  such
10    court,  the  court  or  any  judge  thereof,  if satisfied by
11    affidavit, or otherwise, that such person has been engaged in
12    such practice without a valid and current license, may  issue
13    a  temporary injunction without notice or bond, enjoining the
14    defendant from any such further practice. Only the showing of
15    nonlicensure, by affidavit  or  otherwise,  is  necessary  in
16    order  for  a  temporary  injunction  to issue. A copy of the
17    verified complaint shall be served upon the defendant and the
18    proceedings shall thereafter be conducted as in  other  civil
19    cases   except   as  modified  by  this  Section.  If  it  is
20    established that the defendant has been, or is engaged in any
21    such unlawful practice, the court, or any judge thereof,  may
22    enter   an   order  or  judgment  perpetually  enjoining  the
23    defendant from further  such  practice.  In  all  proceedings
24    hereunder,  the  court,  in its discretion, may apportion the
25    costs among the parties interested  in  the  suit,  including
26    cost  of  filing  the  complaint, service of process, witness
27    fees and expenses,  court  reporter  charges  and  reasonable
28    attorneys'  fees.  In  case  of  violation  of any injunction
29    issued under the provisions of this Section, the court or any
30    judge thereof may summarily try and punish the  offender  for
31    contempt  of  court.  Such injunction proceedings shall be in
32    addition to, and not in lieu  of,  all  penalties  and  other
33    remedies provided in this Act.
34    (Source: P.A. 90-69, eff. 7-8-97.)
 
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 1        (225 ILCS 110/29) (from Ch. 111, par. 7929)
 2        Sec.  29.  Penalty  of  unlawful  practice  -  second and
 3    subsequent offenses. Any person who practices  or  offers  to
 4    practice  speech-language  pathology or audiology or performs
 5    the functions  and  duties  of  a  speech-language  pathology
 6    assistant  in  this  State  without  being  licensed for that
 7    purpose, or whose license has been suspended or  revoked,  or
 8    who  violates any of the provisions of this Act, for which no
 9    specific penalty has been provided herein,  is  guilty  of  a
10    Class A misdemeanor.
11        Any person who has been previously convicted under any of
12    the  provisions of this Act and who subsequently violates any
13    of the provisions of this Act is guilty of a Class 4  felony.
14    In  addition, whenever any person is punished as a subsequent
15    offender under this Section, the Director  shall  proceed  to
16    obtain  a  permanent  injunction  against  such  person under
17    Section 29 of this Act.
18    (Source: P.A. 85-1391.)

19        (225 ILCS 110/29.5)
20        Sec. 29.5. Unlicensed practice; civil penalty.
21        (a)  Any  person  who  practices,  offers  to   practice,
22    attempts  to  practice,  or  holds  oneself  out  to practice
23    speech-language  pathology  or  audiology  or  performs   the
24    functions and duties of a speech-language pathology assistant
25    without  being  licensed under this Act shall, in addition to
26    any other penalty provided by law, pay a civil penalty to the
27    Department in an amount not to exceed $5,000 for each offense
28    as determined by the Department. The civil penalty  shall  be
29    assessed  by  the  Department  after  a  hearing  is  held in
30    accordance  with  the  provisions  set  forth  in  this   Act
31    regarding  the provision of a hearing for the discipline of a
32    licensee.
33        (b)  The  Department  has  the  authority  and  power  to
 
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 1    investigate any and all unlicensed activity.
 2        (c)  The civil penalty shall be paid within 60 days after
 3    the effective date of the order imposing the  civil  penalty.
 4    The  order  shall  constitute a judgment and may be filed and
 5    execution had thereon in the same manner as any judgment from
 6    any court of record.
 7    (Source: P.A. 90-69, eff. 7-8-97.)

 8        (225 ILCS 110/31a)
 9        Sec.  31a.  Advertising   services.   A   speech-language
10    pathologist  or  audiologist  licensee shall include in every
11    advertisement for services regulated under this  Act  his  or
12    her  title  as  it  appears  on  the  license or the initials
13    authorized under this Act.
14    (Source: P.A. 91-310, eff. 1-1-00.)

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