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92_HB1356eng HB1356 Engrossed 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 Sections 21-2 and 21-14 and adding Sections 14-1.09b, 6 14-1.09c, and 14-6.03 as follows: 7 (105 ILCS 5/14-1.09b new) 8 Sec. 14-1.09b. Speech-language pathologist. 9 "Speech-language pathologist" means a person who has received 10 a license pursuant to the Illinois Speech-Language Pathology 11 and Audiology Practice Act to engage in the practice of 12 speech-language pathology. 13 (105 ILCS 5/14-1.09c new) 14 Sec. 14-1.09c. Speech-language pathology assistant. 15 "Speech-language pathology assistant" means a person who has 16 received a license to assist a speech-language pathologist 17 pursuant to the Illinois Speech-Language Pathology and 18 Audiology Practice Act. 19 (105 ILCS 5/14-6.03 new) 20 Sec. 14-6.03. Speech-language pathology assistants. 21 (a) Except as otherwise provided in this subsection, on 22 or after January 1, 2002, no person shall perform the duties 23 of a speech-language pathology assistant without first 24 applying for and receiving a license for that purpose from 25 the Department of Professional Regulation. Before January 1, 26 2004, however, any person holding a bachelor's degree in 27 communication disorders who has been approved by the State 28 Board of Education on or after the effective date of this 29 amendatory Act of the 92nd General Assembly to perform the HB1356 Engrossed -2- LRB9203588LBmg 1 functions and duties of a speech-language pathology assistant 2 may perform those functions and duties without obtaining a 3 license as a speech-language pathology assistant pursuant to 4 the Illinois Speech-Language Pathology and Audiology Practice 5 Act. A person employed as a speech-language pathology 6 assistant in any class, service, or program authorized by 7 this Article may perform only those duties authorized by this 8 Section under the supervision of a speech-language 9 pathologist as provided in this Section. 10 (b) A speech-language pathology assistant may not be 11 assigned his or her own student caseload. The student 12 caseload limit of a speech-language pathologist who 13 supervises any speech-language pathology assistants shall be 14 determined by the severity of the needs of the students 15 served by the speech-language pathologist. A full-time 16 speech-language pathologist's caseload limit may not exceed 17 80 students (60 students on or after September 1, 2003) at 18 any time. The caseload limit of a part-time speech-language 19 pathologist shall be determined by multiplying the caseload 20 limit of a full-time speech-language pathologist by a 21 percentage that equals the number of hours worked by the 22 part-time speech-language pathologist divided by the number 23 of hours worked by a full-time speech-language pathologist in 24 that school district. Employment of a speech-language 25 pathology assistant may not increase or decrease the caseload 26 of the supervising speech-language pathologist. 27 (c) A school district that intends to utilize the 28 services of a speech-language pathology assistant must 29 provide written notification to the parent or guardian of 30 each student who will be served by a speech-language 31 pathology assistant. 32 (d) The scope of responsibility of a speech-language 33 pathology assistant shall be limited to supplementing the 34 role of the speech-language pathologist in implementing the HB1356 Engrossed -3- LRB9203588LBmg 1 treatment program established by a speech-language 2 pathologist. The functions and duties of a speech-language 3 pathology assistant shall be limited to the following: 4 (1) Conducting speech-language screening, without 5 interpretation, and using screening protocols selected by 6 the supervising speech-language pathologist. 7 (2) Providing direct treatment assistance to 8 students under the supervision of a speech-language 9 pathologist. 10 (3) Following and implementing documented treatment 11 plans or protocols developed by a supervising 12 speech-language pathologist. 13 (4) Documenting student progress toward meeting 14 established objectives, and reporting the information to 15 a supervising speech-language pathologist. 16 (5) Assisting a speech-language pathologist during 17 assessments, including, but not limited to, assisting 18 with formal documentation, preparing materials, and 19 performing clerical duties for a supervising 20 speech-language pathologist. 21 (6) Acting as an interpreter for non-English 22 speaking students and their family members when competent 23 to do so. 24 (7) Scheduling activities and preparing charts, 25 records, graphs, and data. 26 (8) Performing checks and maintenance of equipment, 27 including, but not limited to, augmentative communication 28 devices. 29 (9) Assisting with speech-language pathology 30 research projects, in-service training, and family or 31 community education. 32 (e) A speech-language pathology assistant may not: 33 (1) perform standardized or nonstandardized 34 diagnostic tests or formal or informal evaluations or HB1356 Engrossed -4- LRB9203588LBmg 1 interpret test results; 2 (2) screen or diagnose students for feeding or 3 swallowing disorders; 4 (3) participate in parent conferences, case 5 conferences, or any interdisciplinary team without the 6 presence of the supervising speech-language pathologist; 7 (4) provide student or family counseling; 8 (5) write, develop, or modify a student's 9 individualized treatment plan; 10 (6) assist with students without following the 11 individualized treatment plan prepared by the supervising 12 speech-language pathologist; 13 (7) sign any formal documents, such as treatment 14 plans, reimbursement forms, or reports; 15 (8) select students for services; 16 (9) discharge a student from services; 17 (10) disclose clinical or confidential information, 18 either orally or in writing, to anyone other than the 19 supervising speech-language pathologist; 20 (11) make referrals for additional services; 21 (12) counsel or consult with the student, family, 22 or others regarding the student's status or service; 23 (13) represent himself or herself to be a 24 speech-language pathologist or a speech therapist; 25 (14) use a checklist or tabulate results of feeding 26 or swallowing evaluations; or 27 (15) demonstrate swallowing strategies or 28 precautions to students, family, or staff. 29 (f) A speech-language pathology assistant shall practice 30 only under the supervision of a speech-language pathologist 31 who has at least 2 years experience in addition to the 32 supervised professional experience required under subsection 33 (f) of Section 8 of the Illinois Speech-Language Pathology 34 and Audiology Practice Act. A speech-language pathologist HB1356 Engrossed -5- LRB9203588LBmg 1 who supervises a speech-language pathology assistant must 2 have completed at least 10 clock hours of training in the 3 supervision of speech-language pathology assistants. The 4 State Board of Education shall promulgate rules describing 5 the supervision training requirements. The rules may allow a 6 speech-language pathologist to apply to the State Board of 7 Education for an exemption from this training requirement 8 based upon prior supervisory experience. 9 (g) A speech-language pathology assistant must be under 10 the direct supervision of a speech-language pathologist at 11 least 30% of the speech-language pathology assistant's actual 12 student contact time per student for the first 90 days of 13 initial employment as a speech-language pathology assistant. 14 Thereafter, the speech-language pathology assistant must be 15 under the direct supervision of a speech-language pathologist 16 at least 20% of the speech-language pathology assistant's 17 actual student contact time per student. Supervision of a 18 speech-language pathology assistant beyond the minimum 19 requirements of this subsection may be imposed at the 20 discretion of the supervising speech-language pathologist. A 21 supervising speech-language pathologist must be available to 22 communicate with a speech-language pathology assistant 23 whenever the assistant is in contact with a student. 24 (h) A speech-language pathologist that supervises a 25 speech-language pathology assistant must document direct 26 supervision activities. At a minimum, supervision 27 documentation must provide (i) information regarding the 28 quality of the speech-language pathology assistant's 29 performance of assigned duties and (ii) verification that 30 clinical activity is limited to duties specified in this 31 Section. 32 (i) A full-time speech-language pathologist may 33 supervise no more than 2 speech-language pathology 34 assistants. A speech-language pathologist that does not work HB1356 Engrossed -6- LRB9203588LBmg 1 full-time may supervise no more than one speech-language 2 pathology assistant. 3 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2) 4 Sec. 21-2. Grades of certificates. 5 (a) Until February 15, 2000, all certificates issued 6 under this Article shall be State certificates valid, except 7 as limited in Section 21-1, in every school district coming 8 under the provisions of this Act and shall be limited in time 9 and designated as follows: Provisional vocational 10 certificate, temporary provisional vocational certificate, 11 early childhood certificate, elementary school certificate, 12 special certificate, high school certificate, school service 13 personnel certificate, administrative certificate, 14 provisional certificate, and substitute certificate. The 15 requirement of student teaching under close and competent 16 supervision for obtaining a teaching certificate may be 17 waived by the State Teacher Certification Board upon 18 presentation to the Board by the teacher of evidence of 5 19 years successful teaching experience on a valid certificate 20 and graduation from a recognized institution of higher 21 learning with a bachelor's degree with not less than 120 22 semester hours and a minimum of 16 semester hours in 23 professional education. A speech-language pathologist or 24 audiologist who has met the continuing education requirements 25 of the Illinois Speech-Language Pathology and Audiology 26 Practice Act and rules promulgated under that Act shall be 27 deemed to have satisfied the continuing professional 28 development requirements established by the State Board of 29 Education and the Teacher Certification Board to obtain an 30 Initial Teaching Certificate or to obtain or renew a Standard 31 Certificate or a Master Certificate. 32 (b) Initial Teaching Certificate. Beginning February 33 15, 2000, persons who (1) have completed an approved teacher HB1356 Engrossed -7- LRB9203588LBmg 1 preparation program, (2) are recommended by an approved 2 teacher preparation program, (3) have successfully completed 3 the Initial Teaching Certification examinations required by 4 the State Board of Education, and (4) have met all other 5 criteria established by the State Board of Education in 6 consultation with the State Teacher Certification Board, 7 shall be issued an Initial Teaching Certificate valid for 4 8 years of teaching, as defined in Section 21-14 of this Code. 9 Initial Teaching Certificates shall be issued for categories 10 corresponding to Early Childhood, Elementary, Secondary, and 11 Special K-12, with special certification designations for 12 Special Education, Bilingual Education, fundamental learning 13 areas (including Language Arts, Reading, Mathematics, 14 Science, Social Science, Physical Development and Health, 15 Fine Arts, and Foreign Language), and other areas designated 16 by the State Board of Education, in consultation with the 17 State Teacher Certification Board. 18 (c) Standard Certificate. Beginning February 15, 2000, 19 persons who (1) have completed 4 years of teaching, as 20 defined in Section 21-14 of this Code, with an Initial 21 Certificate or an Initial Alternative Teaching Certificate 22 and have met all other criteria established by the State 23 Board of Education in consultation with the State Teacher 24 Certification Board, (2) have completed 4 years of teaching 25 on a valid equivalent certificate in another State or 26 territory of the United States, or have completed 4 years of 27 teaching in a nonpublic Illinois elementary or secondary 28 school with an Initial Certificate or an Initial Alternative 29 Teaching Certificate, and have met all other criteria 30 established by the State Board of Education, in consultation 31 with the State Teacher Certification Board, or (3) were 32 issued teaching certificates prior to February 15, 2000 and 33 are renewing those certificates after February 15, 2000, 34 shall be issued a Standard Certificate valid for 5 years, HB1356 Engrossed -8- LRB9203588LBmg 1 which may be renewed thereafter every 5 years by the State 2 Teacher Certification Board based on proof of continuing 3 education or professional development. Beginning July 1, 4 2003, persons who have completed 4 years of teaching, as 5 described in clauses (1) and (2) of this subsection (c), have 6 successfully completed the Standard Teaching Certificate 7 Examinations, and have met all other criteria established by 8 the State Board of Education, in consultation with the State 9 Teacher Certification Board, shall be issued Standard 10 Certificates. Standard Certificates shall be issued for 11 categories corresponding to Early Childhood, Elementary, 12 Secondary, and Special K-12, with special certification 13 designations for Special Education, Bilingual Education, 14 fundamental learning areas (including Language Arts, Reading, 15 Mathematics, Science, Social Science, Physical Development 16 and Health, Fine Arts, and Foreign Language), and other areas 17 designated by the State Board of Education, in consultation 18 with the State Teacher Certification Board. 19 (d) Master Certificate. Beginning February 15, 2000, 20 persons who have successfully achieved National Board 21 certification through the National Board for Professional 22 Teaching Standards and speech-language pathologists or 23 audiologists who have been granted the Certificate of 24 Clinical Competence by the American Speech-Language Hearing 25 Association shall be issued a Master Certificate, valid for 26 10 years and renewable thereafter every 10 years through 27 compliance with requirements set forth by the State Board of 28 Education, in consultation with the State Teacher 29 Certification Board. However, each teacher who holds a Master 30 Certificate shall be eligible for a teaching position in this 31 State in the areas for which he or she holds a Master 32 Certificate without satisfying any other requirements of this 33 Code, except for those requirements pertaining to criminal 34 background checks. A teacher who holds a Master Certificate HB1356 Engrossed -9- LRB9203588LBmg 1 shall be deemed to meet State certification renewal 2 requirements in the area or areas for which he or she holds a 3 Master Certificate for the 10-year term of the teacher's 4 Master Certificate. 5 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 6 90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff. 7 8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.) 8 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14) 9 Sec. 21-14. Registration and renewal of certificates. 10 (a) A limited four-year certificate or a certificate 11 issued after July 1, 1955, shall be renewable at its 12 expiration or within 60 days thereafter by the county 13 superintendent of schools having supervision and control over 14 the school where the teacher is teaching upon certified 15 evidence of meeting the requirements for renewal as required 16 by this Act and prescribed by the State Board of Education in 17 consultation with the State Teacher Certification Board. An 18 elementary supervisory certificate shall not be renewed at 19 the end of the first four-year period covered by the 20 certificate unless the holder thereof has filed certified 21 evidence with the State Teacher Certification Board that he 22 has a master's degree or that he has earned 8 semester hours 23 of credit in the field of educational administration and 24 supervision in a recognized institution of higher learning. 25 The holder shall continue to earn 8 semester hours of credit 26 each four-year period until such time as he has earned a 27 master's degree. 28 All certificates not renewed or registered as herein 29 provided shall lapse after a period of 5 years from the 30 expiration of the last year of registration. Such 31 certificates may be reinstated for a one year period upon 32 payment of all accumulated registration fees. Such 33 reinstated certificates shall only be renewed: (1) by earning HB1356 Engrossed -10- LRB9203588LBmg 1 5 semester hours of credit in a recognized institution of 2 higher learning in the field of professional education or in 3 courses related to the holder's contractual teaching duties; 4 or (2) by presenting evidence of holding a valid regular 5 certificate of some other type. Any certificate may be 6 voluntarily surrendered by the certificate holder. A 7 voluntarily surrendered certificate shall be treated as a 8 revoked certificate. 9 (b) When those teaching certificates issued before 10 February 15, 2000 are renewed for the first time after 11 February 15, 2000, all such teaching certificates shall be 12 exchanged for Standard Teaching Certificates as provided in 13 subsection (c) of Section 21-2. All Initial and Standard 14 Teaching Certificates, including those issued to persons who 15 previously held teaching certificates issued before February 16 15, 2000, shall be renewable under the conditions set forth 17 in this subsection (b). 18 Initial Teaching Certificates are nonrenewable and are 19 valid for 4 years of teaching. Standard Teaching 20 Certificates are renewable every 5 years as provided in 21 subsection (c) of Section 21-2 and subsection (c) of this 22 Section. For purposes of this Section, "teaching" is defined 23 as employment and performance of services in an Illinois 24 public or State-operated elementary school, secondary school, 25 or cooperative or joint agreement with a governing body or 26 board of control, in a certificated teaching position, or a 27 charter school operating in compliance with the Charter 28 Schools Law. 29 (c) In compliance with subsection (c) of Section 21-2 of 30 this Code, which provides that a Standard Teaching 31 Certificate may be renewed by the State Teacher Certification 32 Board based upon proof of continuing professional 33 development, the State Board of Education and the State 34 Teacher Certification Board shall jointly: HB1356 Engrossed -11- LRB9203588LBmg 1 (1) establish a procedure for renewing Standard 2 Teaching Certificates, which shall include but not be 3 limited to annual timelines for the renewal process and 4 the components set forth in subsections (d) through (k) 5 of this Section; 6 (2) establish the standards for certificate 7 renewal; 8 (3) approve the providers of continuing 9 professional development activities; 10 (4) determine the maximum credit for each category 11 of continuing professional development activities, based 12 upon recommendations submitted by a continuing 13 professional development activity task force, which shall 14 consist of 6 staff members from the State Board of 15 Education, appointed by the State Superintendent of 16 Education, and 6 teacher representatives, 3 of whom are 17 selected by the Illinois Education Association and 3 of 18 whom are selected by the Illinois Federation of Teachers; 19 (5) designate the type and amount of documentation 20 required to show that continuing professional development 21 activities have been completed; and 22 (6) provide, on a timely basis to all Illinois 23 teachers, certificate holders, regional superintendents 24 of schools, school districts, and others with an interest 25 in continuing professional development, information about 26 the standards and requirements established pursuant to 27 this subsection (c). 28 (d) Any Standard Teaching Certificate held by an 29 individual employed and performing services in an Illinois 30 public or State-operated elementary school, secondary school, 31 or cooperative or joint agreement with a governing body or 32 board of control in a certificated teaching position or a 33 charter school in compliance with the Charter Schools Law 34 must be maintained Valid and Active through certificate HB1356 Engrossed -12- LRB9203588LBmg 1 renewal activities specified in the certificate renewal 2 procedure established pursuant to subsection (c) of this 3 Section, provided that a holder of a Valid and Active 4 certificate who is only employed on either a part-time basis 5 or day-to-day basis as a substitute teacher shall pay only 6 the required registration fee to renew his or her certificate 7 and maintain it as Valid and Active. All other Standard 8 Teaching Certificates held may be maintained as Valid and 9 Exempt through the registration process provided for in the 10 certificate renewal procedure established pursuant to 11 subsection (c) of this Section. A Valid and Exempt 12 certificate must be immediately activated, through procedures 13 developed jointly by the State Board of Education and the 14 State Teacher Certification Board, upon the certificate 15 holder becoming employed and performing services in an 16 Illinois public or State-operated elementary school, 17 secondary school, or cooperative or joint agreement with a 18 governing body or board of control in a certificated teaching 19 position or a charter school operating in compliance with the 20 Charter Schools Law. A holder of a Valid and Exempt 21 certificate may activate his or her certificate through 22 procedures provided for in the certificate renewal procedure 23 established pursuant to subsection (c) of this Section. 24 (e)(1) A Standard Teaching Certificate that has been 25 maintained as Valid and Active for the 5 years of the 26 certificate's validity shall be renewed as Valid and Active 27 upon the certificate holder: (i) completing at least 8 28 semester hours of coursework as described in subdivision (A) 29 of paragraph (3) of this subsection (e); (ii) earning at 30 least 24 continuing education units as described in 31 subdivision (B) of paragraph (3) of this subsection (e); 32 (iii) completing the National Board for Professional Teaching 33 Standards process as described in subdivision (C) of 34 paragraph (3) of this subsection (e); or (iv) earning 120 HB1356 Engrossed -13- LRB9203588LBmg 1 continuing professional development units ("CPDU") as 2 described in subdivision (D) of paragraph (3) of this 3 subsection (e). The maximum continuing professional 4 development units for each continuing professional 5 development activity identified in subdivisions (E) through 6 (I) of paragraph (3) of this subsection (e) shall be jointly 7 determined by the State Board of Education and the State 8 Teacher Certification Board. If, however, the certificate 9 holder has maintained the certificate as Valid and Exempt for 10 a portion of the 5-year period of validity, the number of 11 continuing professional development units needed to renew the 12 certificate as Valid and Active shall be proportionately 13 reduced by the amount of time the certificate was Valid and 14 Exempt. Furthermore, if a certificate holder is employed and 15 performs teaching services on a part-time basis for all or a 16 portion of the certificate's 5-year period of validity, the 17 number of continuing professional development units needed to 18 renew the certificate as Valid and Active shall be reduced by 19 50% for the amount of time the certificate holder has been 20 employed and performed teaching services on a part-time 21 basis. Part-time shall be defined as less than 50% of the 22 school day or school term. 23 (2) Each Valid and Active Standard Teaching Certificate 24 holder shall develop a certificate renewal plan for 25 satisfying the continuing professional development 26 requirement provided for in subsection (c) of Section 21-2 of 27 this Code. Certificate holders with multiple certificates 28 shall develop a certificate renewal plan that addresses only 29 that certificate or those certificates that are required of 30 his or her certificated teaching position, if the certificate 31 holder is employed and performing services in an Illinois 32 public or State-operated elementary school, secondary school, 33 or cooperative or joint agreement with a governing body or 34 board of control, or that certificate or those certificates HB1356 Engrossed -14- LRB9203588LBmg 1 most closely related to his or her teaching position, if the 2 certificate holder is employed in a charter school. Except 3 as otherwise provided in this subsection (e), a certificate 4 renewal plan shall include a minimum of 3 individual 5 improvement goals developed by the certificate holder and 6 shall reflect purposes (A), (B), and (C) and may reflect 7 purpose (D) of the following continuing professional 8 development purposes: 9 (A) Advance both the certificate holder's knowledge 10 and skills as a teacher consistent with the Illinois 11 Professional Teaching Standards and the Illinois Content 12 Area Standards in the certificate holder's areas of 13 certification, endorsement, or teaching assignment in 14 order to keep the certificate holder current in those 15 areas. 16 (B) Develop the certificate holder's knowledge and 17 skills in areas determined to be critical for all 18 Illinois teachers, as defined by the State Board of 19 Education, known as "State priorities". 20 (C) Address the knowledge, skills, and goals of the 21 certificate holder's local school improvement plan, if 22 the teacher is employed in an Illinois public or 23 State-operated elementary school, secondary school, or 24 cooperative or joint agreement with a governing body or 25 board of control. 26 (D) Expand knowledge and skills in an additional 27 teaching field or toward the acquisition of another 28 teaching certificate, endorsement, or relevant education 29 degree. 30 A certificate renewal plan must include a description of how 31 these goals are to be achieved and an explanation of selected 32 continuing professional development activities to be 33 completed, each of which must meet one or more of the 34 continuing professional development purposes specified in HB1356 Engrossed -15- LRB9203588LBmg 1 this paragraph (2). The plan shall identify potential 2 activities and include projected timelines for those 3 activities that will assure completion of the plan before the 4 expiration of the 5-year validity of the Standard Teaching 5 Certificate. Except as otherwise provided in this subsection 6 (e), at least 50% of continuing professional development 7 units must relate to purposes (A) and (B) set forth in this 8 paragraph (2): the advancement of a certificate holder's 9 knowledge and skills as a teacher consistent with the 10 Illinois Professional Teaching Standards and the Illinois 11 Content Area Standards in the certificate holder's areas of 12 certification, endorsement, or teaching assignment in order 13 to keep the certificate holder current in those areas and the 14 development of a certificate holder's knowledge and skills in 15 the State priorities that exist at the time the certificate 16 renewal plan is developed. 17 (3) Continuing professional development activities 18 included in a certificate renewal plan may include, but are 19 not limited to, the following activities: 20 (A) at least 8 semester hours of coursework in an 21 approved education-related program, of which at least 2 22 semester hours relate to the continuing professional 23 development purpose set forth in purpose (A) of paragraph 24 (2) of this subsection (e), provided that such a plan 25 need not include any other continuing professional 26 development activities nor reflect or contain activities 27 related to the other continuing professional development 28 purposes set forth in paragraph (2) of this subsection 29 (e); 30 (B) continuing education units that satisfy the 31 continuing professional development purposes set forth in 32 paragraph (2) of this subsection (e), with each 33 continuing education unit equal to 5 clock hours, 34 provided that a plan that includes at least 24 continuing HB1356 Engrossed -16- LRB9203588LBmg 1 education units (or 120 clock/contact hours) need not 2 include any other continuing professional development 3 activities; 4 (C) completion of the National Board of 5 Professional Teaching Standards ("NBPTS") process, 6 provided that a plan that includes completion of the 7 NBPTS process need not include any other continuing 8 professional development activities nor reflect or 9 contain activities related to the continuing professional 10 development purposes set forth in paragraph (2) of 11 subsection (e) of this Section; 12 (D) completion of 120 continuing professional 13 development units that satisfy the continuing 14 professional development purposes set forth in paragraph 15 (2) of this subsection (e) and may include without 16 limitation the activities identified in subdivisions (E) 17 through (I) of this paragraph (3); 18 (E) collaboration and partnership activities 19 related to improving the teacher's knowledge and skills 20 as a teacher, including the following: 21 (i) participating on collaborative planning 22 and professional improvement teams and committees; 23 (ii) peer review and coaching; 24 (iii) mentoring in a formal mentoring program, 25 including service as a consulting teacher 26 participating in a remediation process formulated 27 under Section 24A-5 of this Code; 28 (iv) participating in site-based management or 29 decision making teams, relevant committees, boards, 30 or task forces directly related to school 31 improvement plans; 32 (v) coordinating community resources in 33 schools, if the project is a specific goal of the 34 school improvement plan; HB1356 Engrossed -17- LRB9203588LBmg 1 (vi) facilitating parent education programs 2 for a school, school district, or regional office of 3 education directly related to student achievement or 4 school improvement plans; 5 (vii) participating in business, school, or 6 community partnerships directly related to student 7 achievement or school improvement plans; 8 (viii) supervising a student teacher or 9 teacher education candidate in clinical supervision, 10 provided that the supervision may only be counted 11 once during the course of 5 years; 12 (F) college or university coursework related to 13 improving the teacher's knowledge and skills as a teacher 14 as follows: 15 (i) completing undergraduate or graduate 16 credit earned from a regionally accredited 17 institution in coursework relevant to the 18 certificate area being renewed, provided the 19 coursework meets Illinois Professional Teaching 20 Standards or Illinois Content Area Standards and 21 supports the essential characteristics of quality 22 professional development; or 23 (ii) teaching college or university courses in 24 areas relevant to the certificate area being 25 renewed, provided that the teaching may only be 26 counted once during the course of 5 years; 27 (G) conferences, workshops, institutes, seminars, 28 and symposiums related to improving the teacher's 29 knowledge and skills as a teacher, including the 30 following: 31 (i) completing non-university credit directly 32 related to student achievement, school improvement 33 plans, or State priorities; 34 (ii) participating in or presenting at HB1356 Engrossed -18- LRB9203588LBmg 1 workshops, seminars, conferences, institutes, and 2 symposiums; 3 (iii) training as external reviewers for 4 Quality Assurance; 5 (iv) training as reviewers of university 6 teacher preparation programs; 7 (H) other educational experiences related to 8 improving the teacher's knowledge and skills as a 9 teacher, including the following: 10 (i) participating in action research and 11 inquiry projects; 12 (ii) observing programs or teaching in 13 schools, related businesses, or industry that is 14 systematic, purposeful, and relevant to certificate 15 renewal; 16 (iii) traveling related to ones teaching 17 assignment, directly related to student achievement 18 or school improvement plans and approved at least 30 19 days prior to the travel experience, provided that 20 the traveling shall not include time spent commuting 21 to destinations where the learning experience will 22 occur; 23 (iv) participating in study groups related to 24 student achievement or school improvement plans; 25 (v) serving on a statewide education-related 26 committee, including but not limited to the State 27 Teacher Certification Board, State Board of 28 Education strategic agenda teams, or the State 29 Advisory Council on Education of Children with 30 Disabilities; 31 (vi) participating in work/learn programs or 32 internships;or33 (I) professional leadership experiences related to 34 improving the teacher's knowledge and skills as a HB1356 Engrossed -19- LRB9203588LBmg 1 teacher, including the following: 2 (i) participating in curriculum development or 3 assessment activities at the school, school 4 district, regional office of education, State, or 5 national level; 6 (ii) participating in team or department 7 leadership in a school or school district; 8 (iii) participating on external or internal 9 school or school district review teams; 10 (iv) publishing educational articles, columns, 11 or books relevant to the certificate area being 12 renewed; or 13 (v) participating in non-strike related 14 professional association or labor organization 15 service or activities related to professional 16 development; or.17 (J) for speech-language pathologists and 18 audiologists, completion of any continuing education 19 activities approved by the American Speech-Language 20 Hearing Association. 21 (4) A certificate renewal plan must initially be 22 approved by the certificate holder's local professional 23 development committee, as provided for in subsection (f) of 24 this Section. If the local professional development 25 committee does not approve the certificate renewal plan, the 26 certificate holder may appeal that determination to the 27 regional professional development review committee, as 28 provided for in paragraph (2) of subsection (g) of this 29 Section. If the regional professional development review 30 committee disagrees with the local professional development 31 committee's determination, the certificate renewal plan shall 32 be deemed approved and the certificate holder may begin 33 satisfying the continuing professional development activities 34 set forth in the plan. If the regional professional HB1356 Engrossed -20- LRB9203588LBmg 1 development review committee agrees with the local 2 professional development committee's determination, the 3 certificate renewal plan shall be deemed disapproved and 4 shall be returned to the certificate holder to develop a 5 revised certificate renewal plan. In all cases, the regional 6 professional development review committee shall immediately 7 notify both the local professional development committee and 8 the certificate holder of its determination. 9 (5) A certificate holder who wishes to modify the 10 continuing professional development activities or goals in 11 his or her certificate renewal plan must submit the proposed 12 modifications to his or her local professional development 13 committee for approval prior to engaging in the proposed 14 activities. If the local professional development committee 15 does not approve the proposed modification, the certificate 16 holder may appeal that determination to the regional 17 professional development review committee, as set forth in 18 paragraph (4) of this subsection (e). 19 (6) When a certificate holder changes assignments or 20 school districts during the course of completing a 21 certificate renewal plan, the professional development and 22 continuing education credit earned pursuant to the plan shall 23 transfer to the new assignment or school district and count 24 toward the total requirements. This certificate renewal plan 25 must be reviewed by the appropriate local professional 26 development committee and may be modified to reflect the 27 certificate holder's new work assignment or the school 28 improvement plan of the new school district or school 29 building. 30 (f) Notwithstanding any other provisions of this Code, 31 each school district, charter school, and cooperative or 32 joint agreement with a governing body or board of control 33 that employs certificated staff, shall establish and 34 implement, in conjunction with its exclusive representative, HB1356 Engrossed -21- LRB9203588LBmg 1 if any, one or more local professional development 2 committees, as set forth in this subsection (f), which shall 3 perform the following functions: 4 (1) review and approve certificate renewal plans 5 and any modifications made to these plans, including 6 transferred plans; 7 (2) maintain a file of approved certificate renewal 8 plans; 9 (3) monitor certificate holders' progress in 10 completing approved certificate renewal plans; 11 (4) assist in the development of professional 12 development plans based upon needs identified in 13 certificate renewal plans; 14 (5) determine whether certificate holders have met 15 the requirements of their certificate renewal plans and 16 notify certificate holders of its determination; 17 (6) provide a certificate holder with the 18 opportunity to address the committee when it has 19 determined that the certificate holder has not met the 20 requirements of his or her certificate renewal plan; 21 (7) issue and forward recommendations for renewal 22 or nonrenewal of certificate holders' Standard Teaching 23 Certificates to the appropriate regional superintendent 24 of schools, based upon whether certificate holders have 25 met the requirements of their approved certificate 26 renewal plans, with 30-day written notice of its 27 recommendation provided to the certificate holder prior 28 to forwarding the recommendation to the regional 29 superintendent of schools, provided that if the local 30 professional development committee's recommendation is 31 for certificate nonrenewal, the written notice provided 32 to the certificate holder shall include a return receipt; 33 and 34 (8) reconsider its recommendation of certificate HB1356 Engrossed -22- LRB9203588LBmg 1 nonrenewal, upon request of the certificate holder within 2 30 days of receipt of written notification that the local 3 professional development committee will make such a 4 recommendation, and forward to the regional 5 superintendent of schools its recommendation within 30 6 days of receipt of the certificate holder's request. 7 Each local professional development committee shall 8 consist of at least 3 classroom teachers; one superintendent 9 or chief administrator of the school district, charter 10 school, or cooperative or joint agreement or his or her 11 designee; and one at-large member who shall be either (i) a 12 parent, (ii) a member of the business community, (iii) a 13 community member, or (iv) an administrator, with preference 14 given to an individual chosen from among those persons listed 15 in items (i), (ii), and (iii) in order to secure 16 representation of an interest not already represented on the 17 committee. If mutually agreed upon by the school district, 18 charter school, or governing body or board of control of a 19 cooperative or joint agreement and its exclusive 20 representative, if any, additional members may be added to a 21 local professional development committee, provided that a 22 majority of members are classroom teachers. The school 23 district, charter school, or governing body or board of 24 control of a cooperative or joint agreement and its exclusive 25 representative, if any, shall determine the term of service 26 of the members of a local professional development committee. 27 All individuals selected to serve on local professional 28 development committees must be known to demonstrate the best 29 practices in teaching or their respective field of practice. 30 The exclusive representative, if any, shall select the 31 classroom teacher members of the local professional 32 development committee. If no exclusive representative 33 exists, then the classroom teacher members of a local 34 professional development committee shall be selected by the HB1356 Engrossed -23- LRB9203588LBmg 1 classroom teachers that come within the local professional 2 development committee's authority. The school district, 3 charter school, or governing body or board of control of a 4 cooperative or joint agreement shall select the 2 5 non-classroom teacher members (the superintendent or chief 6 administrator of the school district, charter school, or 7 cooperative or joint agreement or his or her designee and the 8 at-large member) of a local professional development 9 committee. Vacancies in positions on a local professional 10 development committee shall be filled in the same manner as 11 the original selections. The members of a local professional 12 development committee shall select a chairperson. Local 13 professional development committee meetings shall be 14 scheduled so as not to interfere with committee members' 15 regularly scheduled teaching duties, except when otherwise 16 permitted by the policies of or agreed to or approved by the 17 school district, charter school, or governing body or board 18 of control of a cooperative or joint agreement, or its 19 designee. 20 The board of education or governing board shall convene 21 the first meeting of the local professional development 22 committee. All actions taken by the local professional 23 development committee shall require that a majority of 24 committee members be present, and no committee action may be 25 taken unless 50% or more of those present are teacher 26 members. 27 The State Board of Education and the State Teacher 28 Certification Board shall jointly provide local professional 29 development committee members with a training manual, and the 30 members shall certify that they have received and read the 31 manual. 32 Notwithstanding any other provisions of this subsection 33 (f), for a teacher employed and performing services in a 34 nonpublic or State-operated elementary or secondary school, HB1356 Engrossed -24- LRB9203588LBmg 1 all references to a local professional development committee 2 shall mean the regional superintendent of schools of the 3 regional office of education for the geographic area where 4 the teaching is done. 5 (g)(1) Each regional superintendent of schools shall 6 review and concur or nonconcur with each recommendation for 7 renewal or nonrenewal of a Standard Teaching Certificate he 8 or she receives from a local professional development 9 committee or, if a certificate holder appeals the 10 recommendation to the regional professional development 11 review committee, the recommendation for renewal or 12 nonrenewal he or she receives from a regional professional 13 development review committee and, within 14 days of receipt 14 of the recommendation, shall provide the State Teacher 15 Certification Board with verification of the following, if 16 applicable: 17 (A) a certificate renewal plan was filed and 18 approved by the appropriate local professional 19 development committee; 20 (B) the professional development and continuing 21 education activities set forth in the approved 22 certificate renewal plan have been satisfactorily 23 completed; 24 (C) the local professional development committee 25 has recommended the renewal of the certificate holder's 26 Standard Teaching Certificate and forwarded the 27 recommendation, along with all supporting documentation 28 as jointly required by the State Board of Education and 29 the State Teacher Certification Board, to the regional 30 superintendent of schools; 31 (D) the certificate holder has appealed his or her 32 local professional development committee's recommendation 33 of nonrenewal to the regional professional development 34 review committee and the result of that appeal; HB1356 Engrossed -25- LRB9203588LBmg 1 (E) the regional superintendent of schools has 2 concurred or nonconcurred with the local professional 3 development committee's or regional professional 4 development review committee's recommendation to renew or 5 nonrenew the certificate holder's Standard Teaching 6 Certificate and made a recommendation to that effect; and 7 (F) the established registration fee for the 8 Standard Teaching Certificate has been paid. 9 At the same time the regional superintendent of schools 10 provides the State Teacher Certification Board with the 11 notice required by this subsection (g), he or she shall also 12 notify the certificate holder in writing that this notice has 13 been provided to the State Teacher Certification Board, 14 provided that if the notice provided by the regional 15 superintendent of schools to the State Teacher Certification 16 Board includes a recommendation of certificate nonrenewal, 17 the written notice provided to the certificate holder shall 18 be by certified mail, return receipt requested. 19 (2) Each certificate holder shall have the right to 20 appeal his or her local professional development committee's 21 recommendation of nonrenewal to the regional professional 22 development review committee, within 14 days of receipt of 23 notice that the recommendation has been sent to the regional 24 superintendent of schools. Each regional superintendent of 25 schools shall establish a regional professional development 26 review committee or committees for the purpose of advising 27 the regional superintendent of schools, upon request, and 28 handling certificate holder appeals. This committee shall 29 consist of at least 4 classroom teachers, one 30 non-administrative certificated educational employee, 2 31 administrators, and one at-large member who shall be either 32 (i) a parent, (ii) a member of the business community, (iii) 33 a community member, or (iv) an administrator, with preference 34 given to an individual chosen from among those persons listed HB1356 Engrossed -26- LRB9203588LBmg 1 in items (i), (ii), and (iii) in order to secure 2 representation of an interest not already represented on the 3 committee. The teacher and non-administrative certificated 4 educational employee members of the review committee shall be 5 selected by their exclusive representative, if any, and the 6 administrators and at-large member shall be selected by the 7 regional superintendent of schools. A regional 8 superintendent of schools may add additional members to the 9 committee, provided that the same proportion of teachers to 10 administrators and at-large members on the committee is 11 maintained. Any additional teacher and non-administrative 12 certificated educational employee members shall be selected 13 by their exclusive representative, if any. Vacancies in 14 positions on a regional professional development review 15 committee shall be filled in the same manner as the original 16 selections. Committee members shall serve staggered 3-year 17 terms. All individuals selected to serve on regional 18 professional development review committees must be known to 19 demonstrate the best practices in teaching or their 20 respective field of practice. 21 The exclusive representative responsible for choosing the 22 individuals that serve on a regional professional development 23 review committee shall notify each school district, charter 24 school, or governing body or board of control of a 25 cooperative or joint agreement employing the individuals 26 chosen to serve and provide their names to the appropriate 27 regional superintendent of schools. Regional professional 28 development review committee meetings shall be scheduled so 29 as not to interfere with the committee members' regularly 30 scheduled teaching duties, except when otherwise permitted by 31 the policies of or agreed to or approved by the school 32 district, charter school, or governing body or board of 33 control of a cooperative or joint agreement, or its designee, 34 provided that the school district, charter school, or HB1356 Engrossed -27- LRB9203588LBmg 1 governing body or board of control shall not unreasonably 2 withhold permission for a committee member to attend regional 3 professional development review committee meetings. 4 In a city having a population exceeding 500,000 that does 5 not have a regional office of education, one or more separate 6 regional professional development review committees shall be 7 established as mutually agreed upon by the board of education 8 of the school district organized under Article 34 of this 9 Code and the exclusive representative. The composition of 10 each committee shall be the same as for a regional 11 professional development review committee, except that 12 members of the committee shall be jointly appointed by the 13 board of education and the exclusive representative. All 14 other provisions of this Section concerning regional 15 professional development review committees shall apply to 16 these committees. 17 The regional professional development review committee 18 may require information in addition to that received from a 19 certificate holder's local professional development committee 20 or request that the certificate holder appear before it, 21 shall either concur or nonconcur with a local professional 22 development committee's recommendation of nonrenewal, and 23 shall forward to the regional superintendent of schools its 24 recommendation of renewal or nonrenewal. All actions taken 25 by the regional professional development review committee 26 shall require a quorum and be by a simple majority of those 27 present and voting. A record of all votes shall be 28 maintained. The committee shall have 45 days from receipt of 29 a certificate holder's appeal to make its recommendation to 30 the regional superintendent of schools. 31 The State Board of Education and the State Teacher 32 Certification Board shall jointly provide regional 33 professional development review committee members with a 34 training manual, and the members shall be required to attend HB1356 Engrossed -28- LRB9203588LBmg 1 one training seminar sponsored jointly by the State Board of 2 Education and the State Teacher Certification Board. 3 (h)(1) The State Teacher Certification Board shall 4 review the regional superintendent of schools' 5 recommendations to renew or nonrenew Standard Teaching 6 Certificates and notify certificate holders in writing 7 whether their certificates have been renewed or nonrenewed 8 within 90 days of receipt of the recommendations, unless a 9 certificate holder has appealed a regional superintendent of 10 schools' recommendation of nonrenewal, as provided in 11 paragraph (2) of this subsection (h). The State Teacher 12 Certification Board shall verify that the certificate holder 13 has met the renewal criteria set forth in paragraph (1) of 14 subsection (g) of this Section. 15 (2) Each certificate holder shall have the right to 16 appeal a regional superintendent of school's recommendation 17 to nonrenew his or her Standard Teaching Certificate to the 18 State Teacher Certification Board, within 14 days of receipt 19 of notice that the decision has been sent to the State 20 Teacher Certification Board, which shall hold an appeal 21 hearing within 60 days of receipt of the appeal. When such 22 an appeal is taken, the certificate holder's Standard 23 Teaching Certificate shall continue to be valid until the 24 appeal is finally determined. The State Teacher 25 Certification Board shall review the regional superintendent 26 of school's recommendation, the regional professional 27 development review committee's recommendation, if any, and 28 the local professional development committee's recommendation 29 and all relevant documentation to verify whether the 30 certificate holder has met the renewal criteria set forth in 31 paragraph (1) of subsection (g) of this Section. The State 32 Teacher Certification Board may request that the certificate 33 holder appear before it. All actions taken by the State 34 Teacher Certification Board shall require a quorum and be by HB1356 Engrossed -29- LRB9203588LBmg 1 a simple majority of those present and voting. A record of 2 all votes shall be maintained. The State Teacher 3 Certification Board shall notify the certificate holder in 4 writing, within 7 days of completing the review, whether his 5 or her Standard Teaching Certificate has been renewed or 6 nonrenewed, provided that if the State Teacher Certification 7 Board determines to nonrenew a certificate, the written 8 notice provided to the certificate holder shall be by 9 certified mail, return receipt requested. All certificate 10 renewal or nonrenewal decisions of the State Teacher 11 Certification Board are final and subject to administrative 12 review, as set forth in Section 21-24 of this Code. 13 (i) Holders of Master Teaching Certificates shall meet 14 the same requirements and follow the same procedures as 15 holders of Standard Teaching Certificates, except that their 16 renewal cycle shall be as set forth in subsection (d) of 17 Section 21-2 of 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 Engrossed -30- 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 Engrossed -31- 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 Engrossed -32- 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 Engrossed -33- 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 assistantan appropriately trained personif such service 8 is performed under the supervision and full 9 responsibility of a licensed speech-language pathologist. 10 A speech language pathology assistant may perform only 11 those duties authorized by Section 8.7 under the 12 supervision of a speech-language pathologist as provided 13 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 Engrossed -34- 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. Before 13 January 1, 2004, however, any person holding a bachelor's 14 degree in communication disorders may perform the functions 15 and duties of a speech-language pathology assistant without 16 obtaining a license. 17 (Source: P.A. 90-69, eff. 7-8-97.) 18 (225 ILCS 110/8) (from Ch. 111, par. 7908) 19 Sec. 8. Qualifications for licenses to practice 20 speech-language pathology or audiology. The Department shall 21 require that each applicant for a license to practice 22 speech-language pathology or audiology shall: 23 (a) (Blank); 24 (b) be at least 21 years of age; 25 (c) not have violated any provisions of Section 16 26 of this Act; 27 (d) present satisfactory evidence of receiving a 28 master's degree in speech-language pathology or audiology 29 from a program approved by the Department. Nothing in 30 this Act shall be construed to prevent any program from 31 establishing higher standards than specified in this Act; 32 (e) pass an examination authorized by the HB1356 Engrossed -35- LRB9203588LBmg 1 Department in the theory and practice of the profession, 2 provided that the Department may recognize a certificate 3 granted by the American Speech-Language-Hearing 4 Association in lieu of such examination; and 5 (f) have completed the equivalent of 9 months of 6 full-time, supervised professional experience. 7 Applicants have 3 years from the date of application to 8 complete the application process. If the process has not been 9 completed within 3 years, the application shall be denied, 10 the fee shall be forfeited, and the applicant must reapply 11 and meet the requirements in effect at the time of 12 reapplication. 13 (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.) 14 (225 ILCS 110/8.5 new) 15 Sec. 8.5. Qualifications for licenses as a 16 speech-language pathology assistant. A person is qualified 17 to be licensed as a speech-language pathology assistant if 18 that person has applied in writing on forms prescribed by the 19 Department, has paid the required fees, and meets both of the 20 following criteria: 21 (1) Is of good moral character. In determining 22 moral character, the Department may take into 23 consideration any felony conviction of the applicant, but 24 such a conviction shall not operate automatically as a 25 complete bar to licensure. 26 (2) Has received an associate degree from a 27 speech-language pathology assistant program that has been 28 approved by the Department and that meets the minimum 29 requirements set forth in Section 8.6. 30 (225 ILCS 110/8.6 new) 31 Sec. 8.6. Minimum Requirements for Speech-language 32 pathology assistant programs. HB1356 Engrossed -36- LRB9203588LBmg 1 (a) An applicant for licensure as a speech-language 2 pathology assistant must have earned 60 semester credit hours 3 in a program of study that includes general education and the 4 specific knowledge and skills for a speech-language pathology 5 assistant. The curriculum of a speech-language pathology 6 assistant program must include all of the following content, 7 as further provided by rule promulgated by the Department: 8 (1) Thirty-six semester credit hours in general 9 education. 10 (2) Twenty-four semester credit hours in technical 11 content areas designed to provide students with knowledge 12 and skills required for speech-language pathology 13 assistants, which must include (i) an overview of normal 14 processes of communication; (ii) an overview of 15 communication disorders; (iii) instruction in 16 speech-language pathology assistant-level service 17 delivery practices; (iv) instruction in workplace 18 behaviors; (v) cultural and linguistic factors in 19 communication; and (vi) observation. 20 (3) Completion of at least 100 hours of supervised 21 field work experiences supervised by a licensed 22 speech-language pathologist at least 50% of the time when 23 the student is engaged in contact with the patient or 24 client. An applicant must obtain written verification 25 demonstrating successful completion of the required field 26 work experience, including a description of the setting 27 in which the training was received and an assessment of 28 the student's technical proficiency. 29 (b) The Department may promulgate rules that change the 30 curriculum requirements of subsection (a) in order to reflect 31 the guidelines for speech-language pathology assistant 32 programs recommended by the American Speech-Language Hearing 33 Association. HB1356 Engrossed -37- LRB9203588LBmg 1 (225 ILCS 110/8.7 new) 2 Sec. 8.7. Duties of speech-language pathology 3 assistants. 4 (a) The scope of responsibility of speech-language 5 pathology assistants shall be limited to supplementing the 6 role of a speech-language pathologist in implementing the 7 treatment program established by the speech-language 8 pathologist. The functions and duties of a speech-language 9 pathology assistant shall be: 10 (1) conducting speech-language screening, without 11 interpretation, and using screening protocols developed 12 by the supervising speech-language pathologist; 13 (2) providing direct treatment assistance to 14 patients or clients, if authorized by and under the 15 supervision of a speech-language pathologist; 16 (3) following and implementing documented treatment 17 plans or protocols developed by a supervising 18 speech-language pathologist; 19 (4) documenting patient or client progress toward 20 meeting established objectives and reporting the 21 information to a supervising speech-language pathologist; 22 (5) assisting a speech-language pathologist during 23 assessments, including, but not limited to, assisting 24 with formal documentation, preparing materials, and 25 performing clerical duties for a supervising 26 speech-language pathologist; 27 (6) acting as an interpreter for non-English 28 speaking patients or clients and their family members 29 when competent to do so; 30 (7) scheduling activities and preparing charts, 31 records, graphs, and data; 32 (8) performing checks and maintenance of equipment, 33 including, but not limited to, augmentative communication 34 devices; and HB1356 Engrossed -38- LRB9203588LBmg 1 (9) assisting with speech-language pathology 2 research projects, in-service training, and family or 3 community education; 4 (b) A speech-language pathology assistant may not: 5 (1) perform standardized or nonstandardized 6 diagnostic tests or formal or informal evaluations or 7 interpret test results; 8 (2) screen or diagnose patients or clients for 9 feeding or swallowing disorders; 10 (3) participate in parent conferences, case 11 conferences, or any interdisciplinary team without the 12 presence of the supervising speech-language pathologist; 13 (4) provide patient or client or family counseling; 14 (5) write, develop, or modify a patient's or 15 client's individualized treatment plan; 16 (6) assist with patients or clients without 17 following the individualized treatment plan prepared by 18 the supervising speech-language pathologist; 19 (7) sign any formal documents such as treatment 20 plans, reimbursement forms, or reports; 21 (8) select patients or clients for services; 22 (9) discharge a patient or client from services; 23 (10) disclose clinical or confidential information, 24 either orally or in writing, to anyone other than the 25 supervising speech-language pathologist; 26 (11) make referrals for additional services; 27 (12) counsel or consult with the patient or client, 28 family, or others regarding the patient's or client's 29 status or service; 30 (13) represent himself or herself to be a 31 speech-language pathologist; 32 (14) use a checklist or tabulate results of feeding 33 or swallowing evaluations; or 34 (15) demonstrate swallowing strategies or HB1356 Engrossed -39- LRB9203588LBmg 1 precautions to patients, family, or staff. 2 (225 ILCS 110/8.8 new) 3 Sec. 8.8. Supervision of speech-language pathology 4 assistants. 5 (a) A speech-language pathology assistant shall practice 6 only under the supervision of a speech-language pathologist 7 who has at least 2 years experience in addition to the 8 supervised professional experience required under subsection 9 (f) of Section 8 of this Act. A speech-language pathologist 10 who supervises a speech-language pathology assistant must 11 have completed at least 10 clock hours of training in the 12 supervision of speech-language pathology assistants. The 13 Department shall promulgate rules describing the supervision 14 training requirements. The rules may allow a speech-language 15 pathologist to apply to the Board for an exemption from this 16 training requirement based upon prior supervisory experience. 17 (b) A speech-language pathology assistant must be under 18 the direct supervision of a speech-language pathologist at 19 least 30% of the speech-language pathology assistant's actual 20 patient or client contact time per patient or client during 21 the first 90 days of initial employment as a speech-language 22 pathology assistant. Thereafter, a speech-language pathology 23 assistant must be under the direct supervision of a 24 speech-language pathologist at least 20% of the 25 speech-language pathology assistant's actual patient or 26 client contact time per patient or client. Supervision of a 27 speech-language pathology assistant beyond the minimum 28 requirements of this subsection may be imposed at the 29 discretion of the supervising speech-language pathologist. 30 A supervising speech-language pathologist must be available 31 to communicate with a speech-language pathology assistant 32 whenever the assistant is in contact with a patient or 33 client. HB1356 Engrossed -40- LRB9203588LBmg 1 (c) A speech-language pathologist that supervises a 2 speech-language pathology assistant must document direct 3 supervision activities. At a minimum, supervision 4 documentation must provide (i) information regarding the 5 quality of the speech-language pathology assistant's 6 performance of assigned duties, and (ii) verification that 7 clinical activity is limited to duties specified in Section 8 8.7. 9 (d) A full-time speech-language pathologist may 10 supervise no more than 2 speech-language pathology 11 assistants. A speech-language pathologist that does not work 12 full-time may supervise no more than one speech-language 13 pathology assistant. 14 (e) For purposes of this Section, "direct supervision" 15 means on-site, in-view observation and guidance by a 16 speech-language pathologist while an assigned activity is 17 performed by the speech-language pathology assistant. 18 (225 ILCS 110/10) (from Ch. 111, par. 7910) 19 Sec. 10. List of Speech-Language Pathologists and 20 Audiologists. The Department shall maintain a list of the 21 names and addresses of the speech-language pathologists, 22 speech-language pathology assistants, and audiologists. Such 23 lists shall also be mailed by the Department to any person 24 upon request and payment of the required fee. 25 (Source: P.A. 85-1391.) 26 (225 ILCS 110/11) (from Ch. 111, par. 7911) 27 Sec. 11. Expiration, renewal and restoration of 28 licenses. 29 (a) The expiration date and renewal period for each 30 license issued under this Act shall be set by rule. A 31 speech-language pathologist, speech-language pathology 32 assistant, or audiologist may renew such license during the HB1356 Engrossed -41- LRB9203588LBmg 1 month preceding the expiration date thereof by paying the 2 required fee. 3 (a-5) All renewal applicants shall provide proof of 4 having met the continuing education requirements set forth in 5 the rules of the Department. At a minimum, the rules shall 6 require a renewal applicant for licensure as a 7 speech-language pathologist or audiologist to provide proof 8 of completing at least 20 clock hours of continuing education 9 during the 2-year licensing cycle for which he or she is 10 currently licensed. An audiologist who has met the continuing 11 education requirements of the Hearing Instrument Consumer 12 Protection Act during an equivalent licensing cycle under 13 this Act shall be deemed to have met the continuing education 14 requirements of this Act. At a minimum, the rules shall 15 require a renewal applicant for licensure as a 16 speech-language pathology assistant to provide proof of 17 completing at least 10 clock hours of continuing education 18 during the 2-year period for which he or she currently holds 19 a license. The Department shall provide by rule for an 20 orderly process for the reinstatement of licenses that have 21 not been renewed for failure to meet the continuing education 22 requirements. The continuing education requirements may be 23 waived in cases of extreme hardship as defined by rule of the 24 Department. 25 The Department shall establish by rule a means for the 26 verification of completion of the continuing education 27 required by this Section. This verification may be 28 accomplished through audits of records maintained by 29 licensees, by requiring the filing of continuing education 30 certificates with the Department, or by other means 31 established by the Department. 32 (b) Inactive status. 33 (1) Any licensee who notifies the Department in 34 writing on forms prescribed by the Department may elect HB1356 Engrossed -42- LRB9203588LBmg 1 to place his or her license on an inactive status and 2 shall, subject to rules of the Department, be excused 3 from payment of renewal fees until he or she notifies the 4 Department in writing of his or her desire to resume 5 active status. 6 (2) Any licensee requesting restoration from 7 inactive status shall be required to (i) pay the current 8 renewal fee; and (ii) demonstrate that he or she has 9 obtained the equivalent of 20 hours of continuing 10 education if the licensee has been inactive for 5 years 11 or more. 12 (3) Any licensee whose license is in an inactive 13 status shall not practice in the State of Illinois 14 without first restoring his or her license. 15 (4) Any licensee who shall engage in the practice 16 while the license is lapsed or inactive shall be 17 considered to be practicing without a license which shall 18 be grounds for discipline under Section 16 of this Act. 19 (c) Any speech-language pathologist, speech-language 20 pathology assistant, or audiologist whose license has expired 21 may have his or her license restored at any time within 5 22 years after the expiration thereof, upon payment of the 23 required fee. 24 (d) Any person whose license has been expired for 5 25 years or more may have his or her license restored by making 26 application to the Department and filing proof acceptable to 27 the Department of his or her fitness to have his or her 28 license restored, including sworn evidence certifying to 29 active lawful practice in another jurisdiction, and by paying 30 the required restoration fee. A person practicing on an 31 expired license is deemed to be practicing without a license. 32 (e) If a person whose license has expired has not 33 maintained active practice in another jurisdiction, the 34 Department shall determine, by an evaluation process HB1356 Engrossed -43- LRB9203588LBmg 1 established by rule, his or her fitness to resume active 2 status and may require the person to complete a period of 3 evaluated clinical experience, and may require successful 4 completion of an examination. 5 (f) Any person whose license has expired while he or she 6 has been engaged (1) in federal or State service on active 7 duty, or (2) in training or education under the supervision 8 of the United States preliminary to induction into the 9 military service, may have his or her license restored 10 without paying any lapsed renewal or restoration fee, if 11 within 2 years after termination of such service, training or 12 education he or she furnishes the Department with 13 satisfactory proof that he or she has been so engaged and 14 that his or her service, training or education has been so 15 terminated. 16 (Source: P.A. 90-69, eff. 7-8-97.) 17 (225 ILCS 110/13) (from Ch. 111, par. 7913) 18 Sec. 13. Licensing applicants from other States. 19 Upon payment of the required fee, an applicant who is a 20 speech-language pathologist, speech-language pathology 21 assistant, or audiologist licensed under the laws of another 22 state or territory of the United States, shall without 23 examination be granted a license as a speech-language 24 pathologist, speech-language pathology assistant, or 25 audiologist by the Department: 26 (a) whenever the requirements of such state or territory 27 of the United States were at the date of licensure 28 substantially equal to the requirements then in force in this 29 State; or 30 (b) whenever such requirements of another state or 31 territory of the United States together with educational and 32 professional qualifications, as distinguished from practical 33 experience, of the applicant since obtaining a license as HB1356 Engrossed -44- LRB9203588LBmg 1 speech-language pathologist, speech-language pathology 2 assistant, or audiologist in such state or territory of the 3 United States are substantially equal to the requirements in 4 force in Illinois at the time of application for licensure as 5 a speech-language pathologist, speech-language pathology 6 assistant, or audiologist. 7 Applicants have 3 years from the date of application to 8 complete the application process. If the process has not been 9 completed within 3 years, the application shall be denied, 10 the fee shall be forfeited, and the applicant must reapply 11 and meet the requirements in effect at the time of 12 reapplication. 13 (Source: P.A. 90-69, eff. 7-8-97.) 14 (225 ILCS 110/16) (from Ch. 111, par. 7916) 15 Sec. 16. Refusal, revocation or suspension of licenses. 16 (1) The Department may refuse to issue or renew, or may 17 revoke, suspend, place on probation, censure, reprimand or 18 take other disciplinary action as the Department may deem 19 proper, including fines not to exceed $5,000 for each 20 violation, with regard to any license for any one or 21 combination of the following causes: 22 (a) Fraud in procuring the license. 23 (b) Habitual intoxication or addiction to the use 24 of drugs. 25 (c) Willful or repeated violations of the rules of 26 the Department of Public Health. 27 (d) Division of fees or agreeing to split or divide 28 the fees received for speech-language pathology or 29 audiology services with any person for referring an 30 individual, or assisting in the care or treatment of an 31 individual, without the knowledge of the individual or 32 his or her legal representative. 33 (e) Employing, procuring, inducing, aiding or HB1356 Engrossed -45- LRB9203588LBmg 1 abetting a person not licensed as a speech-language 2 pathologist or audiologist to engage in the unauthorized 3 practice of speech-language pathology or audiology. 4 (e-5) Employing, procuring, inducing, aiding, or 5 abetting a person not licensed as a speech-language 6 pathology assistant to perform the functions and duties 7 of a speech-language pathology assistant. 8 (f) Making any misrepresentations or false 9 promises, directly or indirectly, to influence, persuade 10 or induce patronage. 11 (g) Professional connection or association with, or 12 lending his or her name to another for the illegal 13 practice of speech-language pathology or audiology by 14 another, or professional connection or association with 15 any person, firm or corporation holding itself out in any 16 manner contrary to this Act. 17 (h) Obtaining or seeking to obtain checks, money, 18 or any other things of value by false or fraudulent 19 representations, including but not limited to, engaging 20 in such fraudulent practice to defraud the medical 21 assistance program of the Department of Public Aid. 22 (i) Practicing under a name other than his or her 23 own. 24 (j) Improper, unprofessional or dishonorable 25 conduct of a character likely to deceive, defraud or harm 26 the public. 27 (k) Conviction in this or another state of any 28 crime which is a felony under the laws of this State or 29 conviction of a felony in a federal court, if the 30 Department determines, after investigation, that such 31 person has not been sufficiently rehabilitated to warrant 32 the public trust. 33 (1) Permitting a person under his or her 34 supervision to perform any function not authorized by HB1356 Engrossed -46- LRB9203588LBmg 1 this Act. 2 (m) A violation of any provision of this Act or 3 rules promulgated thereunder. 4 (n) Revocation by another state, the District of 5 Columbia, territory, or foreign nation of a license to 6 practice speech-language pathology or audiology or a 7 license to practice as a speech-language pathology 8 assistant in its jurisdiction if at least one of the 9 grounds for that revocation is the same as or the 10 equivalent of one of the grounds for revocation set forth 11 herein. 12 (o) Willfully failing to report an instance of 13 suspected child abuse or neglect as required by the 14 Abused and Neglected Child Reporting Act. 15 (p) Gross or repeated malpractice resulting in 16 injury or death of an individual. 17 (q) Willfully making or filing false records or 18 reports in his or her practice as a speech-language 19 pathologist, speech-language pathology assistant, or 20 audiologist, including, but not limited to, false records 21 to support claims against the public assistance program 22 of the Illinois Department of Public Aid. 23 (r) Professional incompetence as manifested by poor 24 standards of care or mental incompetence as declared by a 25 court of competent jurisdiction. 26 (s) Repeated irregularities in billing a third 27 party for services rendered to an individual. For 28 purposes of this Section, "irregularities in billing" 29 shall include: 30 (i) reporting excessive charges for the 31 purpose of obtaining a total payment in excess of 32 that usually received by the speech-language 33 pathologist, speech-language pathology assistant, or 34 audiologist for the services rendered; HB1356 Engrossed -47- LRB9203588LBmg 1 (ii) reporting charges for services not 2 rendered; or 3 (iii) incorrectly reporting services rendered 4 for the purpose of obtaining payment not earned. 5 (t) (Blank). 6 (u) Violation of the Health Care Worker 7 Self-Referral Act. 8 (v) Physical illness, including but not limited to 9 deterioration through the aging process or loss of motor 10 skill, mental illness, or disability that results in the 11 inability to practice the profession with reasonable 12 judgment, skill, or safety. 13 (w) Violation of the Hearing Instrument Consumer 14 Protection Act. 15 (x) Failure by a speech-language pathology assistant 16 and supervising speech-language pathologist to comply 17 with the supervision requirements set forth in Section 18 8.8. 19 (y) Wilfully exceeding the scope of duties 20 customarily undertaken by speech-language pathology 21 assistants set forth in Section 8.7 that results in, or 22 may result in, harm to the public. 23 (2) The Department shall deny a license or renewal 24 authorized by this Act to any person who has defaulted on an 25 educational loan guaranteed by the Illinois State Scholarship 26 Commission; however, the Department may issue a license or 27 renewal if the aforementioned persons have established a 28 satisfactory repayment record as determined by the Illinois 29 State Scholarship Commission. 30 (3) The entry of an order by a circuit court 31 establishing that any person holding a license under this Act 32 is subject to involuntary admission or judicial admission as 33 provided for in the Mental Health and Developmental 34 Disabilities Code, operates as an automatic suspension of HB1356 Engrossed -48- LRB9203588LBmg 1 that license. That person may have his or her license 2 restored only upon the determination by a circuit court that 3 the patient is no longer subject to involuntary admission or 4 judicial admission and the issuance of an order so finding 5 and discharging the patient, and upon the Board's 6 recommendation to the Department that the license be 7 restored. Where the circumstances so indicate, the Board may 8 recommend to the Department that it require an examination 9 prior to restoring any license automatically suspended under 10 this subsection. 11 (4) The Department may refuse to issue or may suspend 12 the license of any person who fails to file a return, or to 13 pay the tax, penalty, or interest shown in a filed return, or 14 to pay any final assessment of the tax penalty or interest, 15 as required by any tax Act administered by the Department of 16 Revenue, until such time as the requirements of any such tax 17 Act are satisfied. 18 (5) In enforcing this Section, the Board upon a showing 19 of a possible violation may compel an individual licensed to 20 practice under this Act, or who has applied for licensure 21 pursuant to this Act, to submit to a mental or physical 22 examination, or both, as required by and at the expense of 23 the Department. The examining physicians or clinical 24 psychologists shall be those specifically designated by the 25 Board. The individual to be examined may have, at his or her 26 own expense, another physician or clinical psychologist of 27 his or her choice present during all aspects of this 28 examination. Failure of any individual to submit to a mental 29 or physical examination, when directed, shall be grounds for 30 suspension of his or her license until the individual submits 31 to the examination if the Board finds, after notice and 32 hearing, that the refusal to submit to the examination was 33 without reasonable cause. 34 If the Board finds an individual unable to practice HB1356 Engrossed -49- LRB9203588LBmg 1 because of the reasons set forth in this Section, the Board 2 may require that individual to submit to care, counseling, or 3 treatment by physicians or clinical psychologists approved or 4 designated by the Board, as a condition, term, or restriction 5 for continued, reinstated, or renewed licensure to practice; 6 or, in lieu of care, counseling, or treatment, the Board may 7 recommend to the Department to file a complaint to 8 immediately suspend, revoke, or otherwise discipline the 9 license of the individual. Any individual whose license was 10 granted, continued, reinstated, renewed, disciplined or 11 supervised subject to such terms, conditions, or 12 restrictions, and who fails to comply with such terms, 13 conditions, or restrictions, shall be referred to the 14 Director for a determination as to whether the individual 15 shall have his or her license suspended immediately, pending 16 a hearing by the Board. 17 In instances in which the Director immediately suspends a 18 person's license under this Section, a hearing on that 19 person's license must be convened by the Board within 15 days 20 after the suspension and completed without appreciable delay. 21 The Board shall have the authority to review the subject 22 individual's record of treatment and counseling regarding the 23 impairment to the extent permitted by applicable federal 24 statutes and regulations safeguarding the confidentiality of 25 medical records. 26 An individual licensed under this Act and affected under 27 this Section shall be afforded an opportunity to demonstrate 28 to the Board that he or she can resume practice in compliance 29 with acceptable and prevailing standards under the provisions 30 of his or her license. 31 (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.) 32 (225 ILCS 110/16.5) 33 Sec. 16.5. Advertising. A person licensed under this Act HB1356 Engrossed -50- LRB9203588LBmg 1 as a speech-language pathologist or audiologist may advertise 2 the availability of professional services in the public media 3 or on the premises where such professional services are 4 rendered as permitted by law, provided the advertising is 5 truthful and not misleading or deceptive. The Department may 6 adopt rules consistent with this Section. 7 (Source: P.A. 90-69, eff. 7-8-97.) 8 (225 ILCS 110/18) (from Ch. 111, par. 7918) 9 Sec. 18. Disciplinary actions. 10 (a) In case the licensee, after receiving notice, fails 11 to file an answer, his or her license may, in the discretion 12 of the Director, having first received the recommendation of 13 the Board, be suspended, revoked, placed on probationary 14 status or the Director may take whatever disciplinary action 15 he or she may deem proper, including limiting the scope, 16 nature, or extent of the person's practice or the imposition 17 of a fine, without a hearing, if the act or acts charged 18 constitute sufficient grounds for such action under this Act. 19 (b) The Director may temporarily suspend the license of 20 a speech-language pathologist, speech-language pathology 21 assistant, or audiologist without a hearing, simultaneous to 22 the institution of proceedings for a hearing under this Act, 23 if the Director finds that evidence in his or her possession 24 indicates that a speech-language pathologist's, 25 speech-language pathology assistant's, or an audiologist's 26 continuation in practice would constitute an immediate danger 27 to the public. In the event that the Director temporarily 28 suspends the license of a speech-language pathologist, 29 speech-language pathology assistant, or audiologist without a 30 hearing, a hearing by the Board must be held within 15 days 31 after such suspension has occurred and concluded without 32 appreciable delay. 33 (Source: P.A. 90-69, eff. 7-8-97.) HB1356 Engrossed -51- LRB9203588LBmg 1 (225 ILCS 110/26) (from Ch. 111, par. 7926) 2 Sec. 26. Confidential Information - Disclosure. In all 3 hearings conducted under this Act, information received, 4 pursuant to law, relating to any information acquired by a 5 speech-language pathologist, speech-language pathology 6 assistant, or audiologist in serving any individual in a 7 professional capacity, and necessary to professionally serve 8 such individual, shall be deemed strictly confidential and 9 shall only be made available, either as part of the record of 10 a hearing hereunder or otherwise; 11 (a) when such record is required, in its entirety, for 12 purposes of judicial review pursuant to this Act; or 13 (b) upon the express, written consent of the individual 14 served, or in the case of his or her death or disability, the 15 consent of his or her personal representative. 16 (Source: P.A. 85-1391.) 17 (225 ILCS 110/27) (from Ch. 111, par. 7927) 18 Sec. 27. Reports of Violations. Any person licensed 19 under this Act, or any other person, may report to the 20 Department any information such person may have which appears 21 to show that a speech-language pathologist, speech-language 22 pathology assistant, or audiologist is or may be in violation 23 of any of the provisions of this Act. 24 (Source: P.A. 85-1391.) 25 (225 ILCS 110/28) (from Ch. 111, par. 7928) 26 Sec. 28. Injunction. The practice of speech-language 27 pathology or audiology by any person not holding a valid and 28 current license under this Act or a person performing the 29 functions and duties of a speech-language pathology assistant 30 without a valid and current license under this Act, is 31 declared to be inimical to the public welfare, to constitute 32 a public nuisance, and to cause irreparable harm to the HB1356 Engrossed -52- LRB9203588LBmg 1 public welfare. The Director, the Attorney General, the 2 State's attorney of any county in the State or any person may 3 maintain an action in the name of the People of the State of 4 Illinois, and may apply for an injunction in any circuit 5 court to enjoin any such person from engaging in such 6 practice. Upon the filing of a verified petition in such 7 court, the court or any judge thereof, if satisfied by 8 affidavit, or otherwise, that such person has been engaged in 9 such practice without a valid and current license, may issue 10 a temporary injunction without notice or bond, enjoining the 11 defendant from any such further practice. Only the showing of 12 nonlicensure, by affidavit or otherwise, is necessary in 13 order for a temporary injunction to issue. A copy of the 14 verified complaint shall be served upon the defendant and the 15 proceedings shall thereafter be conducted as in other civil 16 cases except as modified by this Section. If it is 17 established that the defendant has been, or is engaged in any 18 such unlawful practice, the court, or any judge thereof, may 19 enter an order or judgment perpetually enjoining the 20 defendant from further such practice. In all proceedings 21 hereunder, the court, in its discretion, may apportion the 22 costs among the parties interested in the suit, including 23 cost of filing the complaint, service of process, witness 24 fees and expenses, court reporter charges and reasonable 25 attorneys' fees. In case of violation of any injunction 26 issued under the provisions of this Section, the court or any 27 judge thereof may summarily try and punish the offender for 28 contempt of court. Such injunction proceedings shall be in 29 addition to, and not in lieu of, all penalties and other 30 remedies provided in this Act. 31 (Source: P.A. 90-69, eff. 7-8-97.) 32 (225 ILCS 110/29) (from Ch. 111, par. 7929) 33 Sec. 29. Penalty of unlawful practice - second and HB1356 Engrossed -53- LRB9203588LBmg 1 subsequent offenses. Any person who practices or offers to 2 practice speech-language pathology or audiology or performs 3 the functions and duties of a speech-language pathology 4 assistant in this State without being licensed for that 5 purpose, or whose license has been suspended or revoked, or 6 who violates any of the provisions of this Act, for which no 7 specific penalty has been provided herein, is guilty of a 8 Class A misdemeanor. 9 Any person who has been previously convicted under any of 10 the provisions of this Act and who subsequently violates any 11 of the provisions of this Act is guilty of a Class 4 felony. 12 In addition, whenever any person is punished as a subsequent 13 offender under this Section, the Director shall proceed to 14 obtain a permanent injunction against such person under 15 Section 29 of this Act. 16 (Source: P.A. 85-1391.) 17 (225 ILCS 110/29.5) 18 Sec. 29.5. Unlicensed practice; civil penalty. 19 (a) Any person who practices, offers to practice, 20 attempts to practice, or holds oneself out to practice 21 speech-language pathology or audiology or performs the 22 functions and duties of a speech-language pathology assistant 23 without being licensed under this Act shall, in addition to 24 any other penalty provided by law, pay a civil penalty to the 25 Department in an amount not to exceed $5,000 for each offense 26 as determined by the Department. The civil penalty shall be 27 assessed by the Department after a hearing is held in 28 accordance with the provisions set forth in this Act 29 regarding the provision of a hearing for the discipline of a 30 licensee. 31 (b) The Department has the authority and power to 32 investigate any and all unlicensed activity. 33 (c) The civil penalty shall be paid within 60 days after HB1356 Engrossed -54- LRB9203588LBmg 1 the effective date of the order imposing the civil penalty. 2 The order shall constitute a judgment and may be filed and 3 execution had thereon in the same manner as any judgment from 4 any court of record. 5 (Source: P.A. 90-69, eff. 7-8-97.) 6 (225 ILCS 110/31a) 7 Sec. 31a. Advertising services. A speech-language 8 pathologist or audiologistlicenseeshall include in every 9 advertisement for services regulated under this Act his or 10 her title as it appears on the license or the initials 11 authorized under this Act. 12 (Source: P.A. 91-310, eff. 1-1-00.)