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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 HB1356 Re-Enrolled -2- LRB9203588LBmg 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 HB1356 Re-Enrolled -3- LRB9203588LBmg 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 HB1356 Re-Enrolled -9- LRB9203588LBmg 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 HB1356 Re-Enrolled -11- LRB9203588LBmg 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 HB1356 Re-Enrolled -12- LRB9203588LBmg 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 HB1356 Re-Enrolled -13- LRB9203588LBmg 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 HB1356 Re-Enrolled -28- LRB9203588LBmg 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; HB1356 Re-Enrolled -29- LRB9203588LBmg 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 HB1356 Re-Enrolled -30- LRB9203588LBmg 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 8an appropriately trained personif 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 HB1356 Re-Enrolled -31- LRB9203588LBmg 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 HB1356 Re-Enrolled -32- LRB9203588LBmg 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. HB1356 Re-Enrolled -33- LRB9203588LBmg 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 HB1356 Re-Enrolled -34- LRB9203588LBmg 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; HB1356 Re-Enrolled -35- LRB9203588LBmg 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; HB1356 Re-Enrolled -36- LRB9203588LBmg 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 HB1356 Re-Enrolled -37- LRB9203588LBmg 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 HB1356 Re-Enrolled -38- LRB9203588LBmg 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. HB1356 Re-Enrolled -39- LRB9203588LBmg 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. HB1356 Re-Enrolled -40- LRB9203588LBmg 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 HB1356 Re-Enrolled -41- LRB9203588LBmg 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 HB1356 Re-Enrolled -42- LRB9203588LBmg 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 HB1356 Re-Enrolled -43- LRB9203588LBmg 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 HB1356 Re-Enrolled -44- LRB9203588LBmg 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.) HB1356 Re-Enrolled -47- LRB9203588LBmg 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 HB1356 Re-Enrolled -48- LRB9203588LBmg 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 HB1356 Re-Enrolled -49- LRB9203588LBmg 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.) HB1356 Re-Enrolled -50- LRB9203588LBmg 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 HB1356 Re-Enrolled -51- LRB9203588LBmg 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 audiologistlicenseeshall 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.)