State of Illinois
92nd General Assembly
Legislation

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[ Re-enrolled ][ Governor's Message ][ House Amendment 001 ]
[ Senate Amendment 001 ]


92_HB1356enr

 
HB1356 Enrolled                                LRB9203588LBmg

 1        AN ACT concerning speech.

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

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

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

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

20        (105 ILCS 5/14-6.03 new)
21        Sec. 14-6.03.  Speech-language pathology assistants.
22        (a)  Except as otherwise provided in this subsection,  on
23    or  after January 1, 2002, no person shall perform the duties
24    of  a  speech-language  pathology  assistant  without   first
25    applying  for  and  receiving a license for that purpose from
26    the Department of Professional Regulation.  Before January 1,
27    2004, however, any person  holding  a  bachelor's  degree  in
28    communication  disorders  who  has been approved by the State
29    Board of Education on or after the  effective  date  of  this
 
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 1    amendatory  Act  of  the 92nd General Assembly to perform the
 2    functions and duties of a speech-language pathology assistant
 3    may perform those functions and duties  without  obtaining  a
 4    license  as a speech-language pathology assistant pursuant to
 5    the Illinois Speech-Language Pathology and Audiology Practice
 6    Act.   A  person  employed  as  a  speech-language  pathology
 7    assistant in any class, service,  or  program  authorized  by
 8    this Article may perform only those duties authorized by this
 9    Section   under   the   supervision   of   a  speech-language
10    pathologist as provided in this Section.
11        (b)  A speech-language pathology  assistant  may  not  be
12    assigned  his  or  her  own  student  caseload.   The student
13    caseload  limit  of   a   speech-language   pathologist   who
14    supervises  any speech-language pathology assistants shall be
15    determined by the severity  of  the  needs  of  the  students
16    served  by  the  speech-language  pathologist.   A  full-time
17    speech-language  pathologist's  caseload limit may not exceed
18    80 students (60 students on or after September  1,  2003)  at
19    any  time.  The caseload limit of a part-time speech-language
20    pathologist shall be determined by multiplying  the  caseload
21    limit   of  a  full-time  speech-language  pathologist  by  a
22    percentage that equals the number  of  hours  worked  by  the
23    part-time  speech-language  pathologist divided by the number
24    of hours worked by a full-time speech-language pathologist in
25    that  school  district.   Employment  of  a   speech-language
26    pathology assistant may not increase or decrease the caseload
27    of the supervising speech-language pathologist.
28        (c)  A  school  district  that  intends  to  utilize  the
29    services   of  a  speech-language  pathology  assistant  must
30    provide written notification to the  parent  or  guardian  of
31    each   student  who  will  be  served  by  a  speech-language
32    pathology assistant.
33        (d)  The scope of  responsibility  of  a  speech-language
34    pathology  assistant  shall  be  limited to supplementing the
 
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 1    role of the speech-language pathologist in  implementing  the
 2    treatment    program   established   by   a   speech-language
 3    pathologist.  The functions and duties of  a  speech-language
 4    pathology assistant shall be limited to the following:
 5             (1)  Conducting  speech-language  screening, without
 6        interpretation, and using screening protocols selected by
 7        the supervising speech-language pathologist.
 8             (2)  Providing  direct   treatment   assistance   to
 9        students  under  the  supervision  of  a  speech-language
10        pathologist.
11             (3)  Following and implementing documented treatment
12        plans   or   protocols   developed   by   a   supervising
13        speech-language pathologist.
14             (4)  Documenting  student  progress  toward  meeting
15        established  objectives, and reporting the information to
16        a supervising speech-language pathologist.
17             (5)  Assisting a speech-language pathologist  during
18        assessments,  including,  but  not  limited to, assisting
19        with  formal  documentation,  preparing  materials,   and
20        performing    clerical    duties    for   a   supervising
21        speech-language pathologist.
22             (6)  Acting  as  an  interpreter   for   non-English
23        speaking students and their family members when competent
24        to do so.
25             (7)  Scheduling  activities  and  preparing  charts,
26        records, graphs, and data.
27             (8)  Performing checks and maintenance of equipment,
28        including, but not limited to, augmentative communication
29        devices.
30             (9)   Assisting   with   speech-language   pathology
31        research projects, in-service  training,  and  family  or
32        community education.
33        (e)  A speech-language pathology assistant may not:
34             (1)  perform    standardized    or   nonstandardized
 
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 1        diagnostic tests or formal  or  informal  evaluations  or
 2        interpret test results;
 3             (2)  screen  or  diagnose  students  for  feeding or
 4        swallowing disorders;
 5             (3)  participate   in   parent   conferences,   case
 6        conferences, or any interdisciplinary  team  without  the
 7        presence of the supervising speech-language pathologist;
 8             (4)  provide student or family counseling;
 9             (5)  write,   develop,   or   modify   a   student's
10        individualized treatment plan;
11             (6)  assist  with  students  without  following  the
12        individualized treatment plan prepared by the supervising
13        speech-language pathologist;
14             (7)  sign  any  formal  documents, such as treatment
15        plans, reimbursement forms, or reports;
16             (8)  select students for services;
17             (9)  discharge a student from services;
18             (10)  disclose clinical or confidential information,
19        either orally or in writing, to  anyone  other  than  the
20        supervising speech-language pathologist;
21             (11)  make referrals for additional services;
22             (12)  counsel  or  consult with the student, family,
23        or others regarding the student's status or service;
24             (13)  represent  himself  or   herself   to   be   a
25        speech-language pathologist or a speech therapist;
26             (14)  use a checklist or tabulate results of feeding
27        or swallowing evaluations; or
28             (15)  demonstrate     swallowing    strategies    or
29        precautions to students, family, or staff.
30        (f)  A speech-language pathology assistant shall practice
31    only under the supervision of a  speech-language  pathologist
32    who  has  at  least  2  years  experience  in addition to the
33    supervised professional experience required under  subsection
34    (f)  of  Section  8 of the Illinois Speech-Language Pathology
 
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 1    and Audiology Practice Act.   A  speech-language  pathologist
 2    who  supervises  a  speech-language  pathology assistant must
 3    have completed at least 10 clock hours  of  training  in  the
 4    supervision  of  speech-language  pathology  assistants.  The
 5    State Board of Education shall  promulgate  rules  describing
 6    the supervision training requirements.  The rules may allow a
 7    speech-language  pathologist  to  apply to the State Board of
 8    Education for an exemption  from  this  training  requirement
 9    based upon prior supervisory experience.
10        (g)  A  speech-language pathology assistant must be under
11    the direct supervision of a  speech-language  pathologist  at
12    least 30% of the speech-language pathology assistant's actual
13    student  contact  time  per  student for the first 90 days of
14    initial employment as a speech-language pathology  assistant.
15    Thereafter,  the  speech-language pathology assistant must be
16    under the direct supervision of a speech-language pathologist
17    at least 20% of  the  speech-language  pathology  assistant's
18    actual  student  contact  time per student.  Supervision of a
19    speech-language  pathology  assistant  beyond   the   minimum
20    requirements  of  this  subsection  may  be  imposed  at  the
21    discretion of the supervising speech-language pathologist.  A
22    supervising  speech-language pathologist must be available to
23    communicate  with  a  speech-language   pathology   assistant
24    whenever the assistant is in contact with a student.
25        (h)  A  speech-language  pathologist  that  supervises  a
26    speech-language  pathology  assistant  must  document  direct
27    supervision    activities.    At   a   minimum,   supervision
28    documentation must  provide  (i)  information  regarding  the
29    quality   of   the   speech-language   pathology  assistant's
30    performance of assigned duties  and  (ii)  verification  that
31    clinical  activity  is  limited  to  duties specified in this
32    Section.
33        (i)  A   full-time   speech-language   pathologist    may
34    supervise   no   more   than   2   speech-language  pathology
 
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 1    assistants.  A speech-language pathologist that does not work
 2    full-time may supervise  no  more  than  one  speech-language
 3    pathology assistant.

 4        (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
 5        Sec. 21-14. Registration and renewal of certificates.
 6        (a)  A  limited  four-year  certificate  or a certificate
 7    issued  after  July  1,  1955,  shall  be  renewable  at  its
 8    expiration  or  within  60  days  thereafter  by  the  county
 9    superintendent of schools having supervision and control over
10    the school where  the  teacher  is  teaching  upon  certified
11    evidence  of meeting the requirements for renewal as required
12    by this Act and prescribed by the State Board of Education in
13    consultation with the State Teacher Certification Board.   An
14    elementary  supervisory  certificate  shall not be renewed at
15    the  end  of  the  first  four-year  period  covered  by  the
16    certificate unless the holder  thereof  has  filed  certified
17    evidence  with  the State Teacher Certification Board that he
18    has a master's degree or that he has earned 8 semester  hours
19    of  credit  in  the  field  of educational administration and
20    supervision in a recognized institution of  higher  learning.
21    The  holder shall continue to earn 8 semester hours of credit
22    each four-year period until such time  as  he  has  earned  a
23    master's degree.
24        All  certificates  not  renewed  or  registered as herein
25    provided shall lapse after a  period  of  5  years  from  the
26    expiration   of   the   last   year  of  registration.   Such
27    certificates may be reinstated for a  one  year  period  upon
28    payment   of   all   accumulated   registration  fees.   Such
29    reinstated certificates shall only be renewed: (1) by earning
30    5 semester hours of credit in  a  recognized  institution  of
31    higher  learning in the field of professional education or in
32    courses related to the holder's contractual teaching  duties;
33    or  (2)  by  presenting  evidence  of holding a valid regular
 
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 1    certificate of some  other  type.   Any  certificate  may  be
 2    voluntarily   surrendered   by  the  certificate  holder.   A
 3    voluntarily surrendered certificate shall  be  treated  as  a
 4    revoked certificate.
 5        (b)  When   those  teaching  certificates  issued  before
 6    February 15, 2000  are  renewed  for  the  first  time  after
 7    February  15,  2000,  all such teaching certificates shall be
 8    exchanged for Standard Teaching Certificates as  provided  in
 9    subsection  (c)  of  Section  21-2.  All Initial and Standard
10    Teaching Certificates, including those issued to persons  who
11    previously  held teaching certificates issued before February
12    15, 2000, shall be renewable under the conditions  set  forth
13    in this subsection (b).
14        Initial  Teaching  Certificates  are nonrenewable and are
15    valid  for  4  years  of   teaching.      Standard   Teaching
16    Certificates  are  renewable  every  5  years  as provided in
17    subsection (c) of Section 21-2 and  subsection  (c)  of  this
18    Section.  For purposes of this Section, "teaching" is defined
19    as  employment  and  performance  of  services in an Illinois
20    public or State-operated elementary school, secondary school,
21    or cooperative or joint agreement with a  governing  body  or
22    board  of  control, in a certificated teaching position, or a
23    charter school  operating  in  compliance  with  the  Charter
24    Schools Law.
25        (c)  In compliance with subsection (c) of Section 21-2 of
26    this   Code,   which   provides   that  a  Standard  Teaching
27    Certificate may be renewed by the State Teacher Certification
28    Board   based   upon   proof   of   continuing   professional
29    development, the State  Board  of  Education  and  the  State
30    Teacher Certification Board shall jointly:
31             (1)  establish  a  procedure  for  renewing Standard
32        Teaching Certificates, which shall  include  but  not  be
33        limited  to  annual timelines for the renewal process and
34        the components set forth in subsections (d)  through  (k)
 
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 1        of this Section;
 2             (2)  establish   the   standards   for   certificate
 3        renewal;
 4             (3)  approve    the    providers    of    continuing
 5        professional development activities;
 6             (4)  determine  the maximum credit for each category
 7        of continuing professional development activities,  based
 8        upon    recommendations   submitted   by   a   continuing
 9        professional development activity task force, which shall
10        consist of 6  staff  members  from  the  State  Board  of
11        Education,  appointed  by  the  State  Superintendent  of
12        Education,  and  6 teacher representatives, 3 of whom are
13        selected by the Illinois Education Association and  3  of
14        whom are selected by the Illinois Federation of Teachers;
15             (5)  designate  the type and amount of documentation
16        required to show that continuing professional development
17        activities have been completed; and
18             (6)  provide, on a  timely  basis  to  all  Illinois
19        teachers,  certificate  holders, regional superintendents
20        of schools, school districts, and others with an interest
21        in continuing professional development, information about
22        the standards and requirements  established  pursuant  to
23        this subsection (c).
24        (d)  Any   Standard   Teaching  Certificate  held  by  an
25    individual employed and performing services  in  an  Illinois
26    public or State-operated elementary school, secondary school,
27    or  cooperative  or  joint agreement with a governing body or
28    board of control in a certificated  teaching  position  or  a
29    charter  school  in  compliance  with the Charter Schools Law
30    must be  maintained  Valid  and  Active  through  certificate
31    renewal  activities  specified  in  the  certificate  renewal
32    procedure  established  pursuant  to  subsection  (c) of this
33    Section, provided  that  a  holder  of  a  Valid  and  Active
34    certificate  who is only employed on either a part-time basis
 
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 1    or day-to-day basis as a substitute teacher  shall  pay  only
 2    the required registration fee to renew his or her certificate
 3    and  maintain  it  as  Valid  and Active.  All other Standard
 4    Teaching Certificates held may be  maintained  as  Valid  and
 5    Exempt  through  the registration process provided for in the
 6    certificate  renewal  procedure   established   pursuant   to
 7    subsection   (c)   of  this  Section.   A  Valid  and  Exempt
 8    certificate must be immediately activated, through procedures
 9    developed jointly by the State Board  of  Education  and  the
10    State  Teacher  Certification  Board,  upon  the  certificate
11    holder  becoming  employed  and  performing  services  in  an
12    Illinois   public   or   State-operated   elementary  school,
13    secondary school, or cooperative or joint  agreement  with  a
14    governing body or board of control in a certificated teaching
15    position or a charter school operating in compliance with the
16    Charter  Schools  Law.   A  holder  of  a  Valid  and  Exempt
17    certificate  may  activate  his  or  her  certificate through
18    procedures provided for in the certificate renewal  procedure
19    established pursuant to subsection (c) of this Section.
20        (e)(1)  A  Standard  Teaching  Certificate  that has been
21    maintained as Valid  and  Active  for  the  5  years  of  the
22    certificate's  validity  shall be renewed as Valid and Active
23    upon the  certificate  holder:  (i)  completing  at  least  8
24    semester  hours of coursework as described in subdivision (A)
25    of paragraph (3) of this  subsection  (e);  (ii)  earning  at
26    least   24   continuing   education  units  as  described  in
27    subdivision (B) of paragraph  (3)  of  this  subsection  (e);
28    (iii) completing the National Board for Professional Teaching
29    Standards   process   as  described  in  subdivision  (C)  of
30    paragraph (3) of this subsection (e);  or  (iv)  earning  120
31    continuing   professional   development   units  ("CPDU")  as
32    described  in  subdivision  (D)  of  paragraph  (3)  of  this
33    subsection  (e).    The   maximum   continuing   professional
34    development    units   for   each   continuing   professional
 
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 1    development activity identified in subdivisions  (E)  through
 2    (I)  of paragraph (3) of this subsection (e) shall be jointly
 3    determined by the State Board  of  Education  and  the  State
 4    Teacher  Certification  Board.  If,  however, the certificate
 5    holder has maintained the certificate as Valid and Exempt for
 6    a portion of the 5-year period of  validity,  the  number  of
 7    continuing professional development units needed to renew the
 8    certificate  as  Valid  and  Active  shall be proportionately
 9    reduced by the amount of time the certificate was  Valid  and
10    Exempt.  Furthermore, if a certificate holder is employed and
11    performs teaching services on a part-time basis for all or  a
12    portion  of  the certificate's 5-year period of validity, the
13    number of continuing professional development units needed to
14    renew the certificate as Valid and Active shall be reduced by
15    50% for the amount of time the certificate  holder  has  been
16    employed  and  performed  teaching  services  on  a part-time
17    basis.  Part-time shall be defined as less than  50%  of  the
18    school day or school term.
19        (2)  Each  Valid and Active Standard Teaching Certificate
20    holder  shall  develop  a  certificate   renewal   plan   for
21    satisfying    the    continuing    professional   development
22    requirement provided for in subsection (c) of Section 21-2 of
23    this Code.  Certificate holders  with  multiple  certificates
24    shall  develop a certificate renewal plan that addresses only
25    that certificate or those certificates that are  required  of
26    his or her certificated teaching position, if the certificate
27    holder  is  employed  and  performing services in an Illinois
28    public or State-operated elementary school, secondary school,
29    or cooperative or joint agreement with a  governing  body  or
30    board  of  control, or that certificate or those certificates
31    most closely related to his or her teaching position, if  the
32    certificate  holder  is employed in a charter school.  Except
33    as otherwise provided in this subsection (e),  a  certificate
34    renewal   plan  shall  include  a  minimum  of  3  individual
 
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 1    improvement goals developed by  the  certificate  holder  and
 2    shall  reflect  purposes  (A),  (B),  and (C) and may reflect
 3    purpose  (D)  of  the   following   continuing   professional
 4    development purposes:
 5             (A)  Advance both the certificate holder's knowledge
 6        and  skills  as  a  teacher  consistent with the Illinois
 7        Professional Teaching Standards and the Illinois  Content
 8        Area  Standards  in  the  certificate  holder's  areas of
 9        certification, endorsement,  or  teaching  assignment  in
10        order  to  keep  the  certificate holder current in those
11        areas.
12             (B)  Develop the certificate holder's knowledge  and
13        skills  in  areas  determined  to  be  critical  for  all
14        Illinois  teachers,  as  defined  by  the  State Board of
15        Education, known as "State priorities".
16             (C)  Address the knowledge, skills, and goals of the
17        certificate holder's local school  improvement  plan,  if
18        the   teacher  is  employed  in  an  Illinois  public  or
19        State-operated elementary school,  secondary  school,  or
20        cooperative  or  joint agreement with a governing body or
21        board of control.
22             (D)  Expand knowledge and skills  in  an  additional
23        teaching  field  or  toward  the  acquisition  of another
24        teaching certificate, endorsement, or relevant  education
25        degree.
26    A  certificate renewal plan must include a description of how
27    these goals are to be achieved and an explanation of selected
28    continuing  professional   development   activities   to   be
29    completed,  each  of  which  must  meet  one  or  more of the
30    continuing professional  development  purposes  specified  in
31    this  paragraph  (2).   The  plan  shall  identify  potential
32    activities   and   include   projected  timelines  for  those
33    activities that will assure completion of the plan before the
34    expiration of the 5-year validity of  the  Standard  Teaching
 
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 1    Certificate.  Except as otherwise provided in this subsection
 2    (e),  at  least  50%  of  continuing professional development
 3    units must relate to purposes (A) and (B) set forth  in  this
 4    paragraph  (2):  the  advancement  of  a certificate holder's
 5    knowledge  and  skills  as  a  teacher  consistent  with  the
 6    Illinois Professional Teaching  Standards  and  the  Illinois
 7    Content  Area  Standards in the certificate holder's areas of
 8    certification, endorsement, or teaching assignment  in  order
 9    to keep the certificate holder current in those areas and the
10    development of a certificate holder's knowledge and skills in
11    the  State  priorities that exist at the time the certificate
12    renewal plan is developed.
13        A  speech-language  pathologist  or  audiologist  who  is
14    licensed under the  Illinois  Speech-Language  Pathology  and
15    Audiology  Practice  Act  and  who  has  met  the  continuing
16    education  requirements of that Act and the rules promulgated
17    under  that  Act  shall  be  deemed  to  have  satisfied  the
18    continuing professional development requirements  established
19    by the State Board of Education and the Teacher Certification
20    Board to renew a Standard Certificate.
21        (3)  Continuing   professional   development   activities
22    included  in  a certificate renewal plan may include, but are
23    not limited to, the following activities:
24             (A)  at least 8 semester hours of coursework  in  an
25        approved  education-related  program, of which at least 2
26        semester hours  relate  to  the  continuing  professional
27        development purpose set forth in purpose (A) of paragraph
28        (2)  of  this  subsection  (e), provided that such a plan
29        need  not  include  any  other  continuing   professional
30        development  activities nor reflect or contain activities
31        related to the other continuing professional  development
32        purposes  set  forth  in paragraph (2) of this subsection
33        (e);
34             (B)  continuing education  units  that  satisfy  the
 
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 1        continuing professional development purposes set forth in
 2        paragraph   (2)   of   this  subsection  (e),  with  each
 3        continuing  education  unit  equal  to  5  clock   hours,
 4        provided that a plan that includes at least 24 continuing
 5        education  units  (or  120  clock/contact hours) need not
 6        include any  other  continuing  professional  development
 7        activities;
 8             (C)  completion    of    the   National   Board   of
 9        Professional  Teaching   Standards   ("NBPTS")   process,
10        provided  that  a  plan  that  includes completion of the
11        NBPTS process  need  not  include  any  other  continuing
12        professional   development   activities  nor  reflect  or
13        contain activities related to the continuing professional
14        development  purposes  set  forth  in  paragraph  (2)  of
15        subsection (e) of this Section;
16             (D)  completion  of  120   continuing   professional
17        development    units    that   satisfy   the   continuing
18        professional development purposes set forth in  paragraph
19        (2)  of  this  subsection  (e)  and  may  include without
20        limitation the activities identified in subdivisions  (E)
21        through (I) of this paragraph (3);
22             (E)  collaboration    and   partnership   activities
23        related to improving the teacher's knowledge  and  skills
24        as a teacher, including the following:
25                  (i)  participating  on  collaborative  planning
26             and professional improvement teams and committees;
27                  (ii)  peer review and coaching;
28                  (iii)  mentoring in a formal mentoring program,
29             including    service   as   a   consulting   teacher
30             participating in a  remediation  process  formulated
31             under Section 24A-5 of this Code;
32                  (iv)  participating in site-based management or
33             decision  making teams, relevant committees, boards,
34             or  task   forces   directly   related   to   school
 
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 1             improvement plans;
 2                  (v)  coordinating    community   resources   in
 3             schools, if the project is a specific  goal  of  the
 4             school improvement plan;
 5                  (vi)  facilitating  parent  education  programs
 6             for a school, school district, or regional office of
 7             education directly related to student achievement or
 8             school improvement plans;
 9                  (vii)  participating  in  business,  school, or
10             community partnerships directly related  to  student
11             achievement or school improvement plans;
12                  (viii)  supervising   a   student   teacher  or
13             teacher education candidate in clinical supervision,
14             provided that the supervision may  only  be  counted
15             once during the course of 5 years;
16             (F)  college  or  university  coursework  related to
17        improving the teacher's knowledge and skills as a teacher
18        as follows:
19                  (i)  completing   undergraduate   or   graduate
20             credit   earned   from   a   regionally   accredited
21             institution   in   coursework   relevant   to    the
22             certificate   area   being   renewed,  provided  the
23             coursework  meets  Illinois  Professional   Teaching
24             Standards  or  Illinois  Content  Area Standards and
25             supports the essential  characteristics  of  quality
26             professional development; or
27                  (ii)  teaching college or university courses in
28             areas   relevant   to  the  certificate  area  being
29             renewed, provided that  the  teaching  may  only  be
30             counted once during the course of 5 years;
31             (G)  conferences,  workshops,  institutes, seminars,
32        and  symposiums  related  to  improving   the   teacher's
33        knowledge   and   skills  as  a  teacher,  including  the
34        following:
 
HB1356 Enrolled             -15-               LRB9203588LBmg
 1                  (i)  completing non-university credit  directly
 2             related  to  student achievement, school improvement
 3             plans, or State priorities;
 4                  (ii)  participating   in   or   presenting   at
 5             workshops, seminars,  conferences,  institutes,  and
 6             symposiums;
 7                  (iii)  training   as   external  reviewers  for
 8             Quality Assurance;
 9                  (iv)  training  as  reviewers   of   university
10             teacher preparation programs;
11             (H)  other   educational   experiences   related  to
12        improving  the  teacher's  knowledge  and  skills  as   a
13        teacher, including the following:
14                  (i)  participating   in   action  research  and
15             inquiry projects;
16                  (ii)  observing   programs   or   teaching   in
17             schools, related businesses,  or  industry  that  is
18             systematic,  purposeful, and relevant to certificate
19             renewal;
20                  (iii)  traveling  related  to   ones   teaching
21             assignment,  directly related to student achievement
22             or school improvement plans and approved at least 30
23             days prior to the travel experience,  provided  that
24             the traveling shall not include time spent commuting
25             to  destinations  where the learning experience will
26             occur;
27                  (iv)  participating in study groups related  to
28             student achievement or school improvement plans;
29                  (v)  serving  on  a statewide education-related
30             committee, including but not limited  to  the  State
31             Teacher   Certification   Board,   State   Board  of
32             Education  strategic  agenda  teams,  or  the  State
33             Advisory  Council  on  Education  of  Children  with
34             Disabilities;
 
HB1356 Enrolled             -16-               LRB9203588LBmg
 1                  (vi)  participating in work/learn  programs  or
 2             internships; or
 3             (I)  professional  leadership experiences related to
 4        improving  the  teacher's  knowledge  and  skills  as   a
 5        teacher, including the following:
 6                  (i)  participating in curriculum development or
 7             assessment   activities   at   the   school,  school
 8             district, regional office of  education,  State,  or
 9             national level;
10                  (ii)  participating   in   team  or  department
11             leadership in a school or school district;
12                  (iii)  participating on  external  or  internal
13             school or school district review teams;
14                  (iv)  publishing educational articles, columns,
15             or  books  relevant  to  the  certificate area being
16             renewed; or
17                  (v)  participating   in   non-strike    related
18             professional   association   or  labor  organization
19             service  or  activities  related   to   professional
20             development.
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 Enrolled             -17-               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 Enrolled             -18-               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 Enrolled             -19-               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 Enrolled             -20-               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 Enrolled             -21-               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 Enrolled             -22-               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 Enrolled             -23-               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 Enrolled             -24-               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 Enrolled             -25-               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 Enrolled             -26-               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. A holder of a teaching certificate
18    endorsed  as  a  speech-language  pathologist  who  has  been
19    granted  the  Certificate  of  Clinical  Competence  by   the
20    American Speech-Language Hearing Association may renew his or
21    her  Standard  Teaching  Certificate  pursuant to the 10-year
22    renewal cycle set forth in subsection (d) of Section 21-2  of
23    this Code.
24        (j)  Holders  of  Valid  and  Exempt  Standard and Master
25    Teaching Certificates who are  not  employed  and  performing
26    services  in  an Illinois public or State-operated elementary
27    school, secondary school, or cooperative or  joint  agreement
28    with  a governing body or board of control, in a certificated
29    teaching   position,   may   voluntarily    activate    their
30    certificates  by  developing  and  submitting  a  certificate
31    renewal plan to the regional superintendent of schools of the
32    regional  office  of  education for the geographic area where
33    their teaching is done, who, or whose designee, shall approve
34    the  plan  and  serve  as  the  certificate  holder's   local
 
HB1356 Enrolled             -27-               LRB9203588LBmg
 1    professional   development   committee.    These  certificate
 2    holders shall follow the same renewal criteria and procedures
 3    as  all  other  Standard  and  Master  Teaching   Certificate
 4    holders,    except   that   their   continuing   professional
 5    development plans shall not be required to reflect or address
 6    the  knowledge,  skills,  and  goals  of   a   local   school
 7    improvement plan.
 8        (k)  Each school district, charter school, or cooperative
 9    or joint agreement shall be paid an annual amount of not less
10    than  $1,000,  as determined by a formula based on the number
11    of Standard Teaching and Master Teaching Certificate holders,
12    subject to renewal and established by  rule,  not  to  exceed
13    $1,000,000   annually   for  all  school  districts,  charter
14    schools,  and   cooperatives   or   joint   agreements,   for
15    administrative  costs associated with conducting the meetings
16    of  the  local  professional  development  committee.    Each
17    regional office of education shall receive $2,000 annually to
18    pay  school  districts,  charter  schools, or cooperatives or
19    joint agreements for costs, as defined by rule,  incurred  in
20    staff  attendance at regional professional development review
21    committee meetings and the training  seminar  required  under
22    paragraph (2) of subsection (g) of this Section.
23        (l)  The  State  Board of Education and the State Teacher
24    Certification  Board   shall   jointly   contract   with   an
25    independent  party  to  conduct a comprehensive evaluation of
26    the certificate renewal system pursuant to this Section.  The
27    first report of this evaluation shall  be  presented  to  the
28    General Assembly on January 1, 2005 and on January 1 of every
29    third year thereafter.
30    (Source:  P.A.  90-548,  eff.  1-1-98;  90-653, eff. 7-29-98;
31    90-811, eff. 1-26-99; 91-102, eff. 7-12-99.)

32        Section  10.  The Illinois Speech-Language Pathology  and
33    Audiology  Practice  Act  is  amended by changing Sections 3,
 
HB1356 Enrolled             -28-               LRB9203588LBmg
 1    3.5, 7, 8, 10, 11, 13, 16, 16.5, 18, 26, 27,  28,  29,  29.5,
 2    and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 as follows:

 3        (225 ILCS 110/3) (from Ch. 111, par. 7903)
 4        Sec.  3.   Definitions.   The following words and phrases
 5    shall have the meaning  ascribed  to  them  in  this  Section
 6    unless the context clearly indicates otherwise:
 7        (a)  "Department"  means  the  Department of Professional
 8    Regulation.
 9        (b)  "Director"  means  the  Director   of   Professional
10    Regulation.
11        (c)  "Board" means the Board of Speech-Language Pathology
12    and Audiology established under Section 5 of this Act.
13        (d)  "Speech-Language Pathologist" means a person who has
14    received  a  license  pursuant to this Act and who engages in
15    the practice of speech-language pathology.
16        (e)  "Audiologist" means a  person  who  has  received  a
17    license  pursuant to this Act and who engages in the practice
18    of audiology.
19        (f)  "Public member" means a person who is not  a  health
20    professional.    For purposes of board membership, any person
21    with a significant financial interest in a health service  or
22    profession is not a public member.
23        (g)  "The  practice  of  audiology" is the application of
24    nonmedical methods and  procedures  for  the  identification,
25    measurement,  testing,  appraisal,  prediction, habilitation,
26    rehabilitation,  or  instruction  related  to   hearing   and
27    disorders  of  hearing.  These procedures are for the purpose
28    of counseling, consulting and rendering or offering to render
29    services or for participating in the planning,  directing  or
30    conducting   of   programs   that   are  designed  to  modify
31    communicative  disorders  involving   speech,   language   or
32    auditory  function  related  to hearing loss. The practice of
33    audiology may include, but  shall  not  be  limited  to,  the
 
HB1356 Enrolled             -29-               LRB9203588LBmg
 1    following:
 2             (1)  any  task,  procedure, act, or practice that is
 3        necessary for the evaluation  of  hearing  or  vestibular
 4        function;
 5             (2)  training in the use of amplification, including
 6        hearing aids;
 7             (3)  performing  basic speech and language screening
 8        tests and procedures consistent with audiology training.
 9        (h)  "The practice of speech-language pathology"  is  the
10    application  of  nonmedical  methods  and  procedures for the
11    identification, measurement, testing, appraisal,  prediction,
12    habilitation,  rehabilitation,  and  modification  related to
13    communication development, and disorders or  disabilities  of
14    speech,   language,  voice,  swallowing,  and  other  speech,
15    language and voice related disorders.  These  procedures  are
16    for  the  purpose  of counseling, consulting and rendering or
17    offering to render services,  or  for  participating  in  the
18    planning,  directing  or  conducting  of  programs  that  are
19    designed  to modify communicative disorders and conditions in
20    individuals  or  groups  of  individuals  involving   speech,
21    language, voice and swallowing function.
22        "The   practice   of   speech-language  pathology"  shall
23    include, but shall not be limited to, the following:
24             (1)  hearing    screening    tests     and     aural
25        rehabilitation procedures consistent with speech-language
26        pathology training;
27             (2)  tasks,  procedures,  acts or practices that are
28        necessary for the evaluation of, and training in the  use
29        of,  augmentative  communication  systems,  communication
30        variation,  cognitive rehabilitation, non-spoken language
31        production and comprehension.
32        (i)  "Speech-language pathology assistant" means a person
33    who has received a license pursuant to this Act to  assist  a
34    speech-language  pathologist  in  the manner provided in this
 
HB1356 Enrolled             -30-               LRB9203588LBmg
 1    Act.
 2    (Source: P.A. 90-69, eff. 7-8-97.)

 3        (225 ILCS 110/3.5)
 4        Sec. 3.5. Exemptions. This Act does not prohibit:
 5             (a)  The practice of  speech-language  pathology  or
 6        audiology  by  students  in  their  course  of  study  in
 7        programs approved by the Department when acting under the
 8        direction  and  supervision  of  licensed speech-language
 9        pathologists or audiologists.
10             (b)  The   performance   of   any    speech-language
11        pathology   service   by   a   speech-language  pathology
12        assistant an appropriately trained person if such service
13        is   performed   under   the   supervision    and    full
14        responsibility of a licensed speech-language pathologist.
15        A  speech  language  pathology assistant may perform only
16        those  duties  authorized  by  Section  8.7   under   the
17        supervision  of a speech-language pathologist as provided
18        in Section 8.8.
19             (b-5)  The performance of an audiology service by an
20        appropriately trained person if that service is performed
21        under  the  supervision  and  full  responsibility  of  a
22        licensed audiologist.
23             (c)  The performance of audiometric testing for  the
24        purpose   of   industrial   hearing  conservation  by  an
25        audiometric  technician  certified  by  the  Council   of
26        Accreditation   for   Occupational  Hearing  Conservation
27        (CAOHC).
28             (d)  The performance of an audiometric screening  by
29        an  audiometric  screenings  technician  certified by the
30        Department of Public Health.
31             (e)  The selling or practice of fitting, dispensing,
32        or servicing hearing instruments by a hearing  instrument
33        dispenser  licensed under the Hearing Instrument Consumer
 
HB1356 Enrolled             -31-               LRB9203588LBmg
 1        Protection Act.
 2             (f)  A person licensed in this State under any other
 3        Act from engaging in the practice for which he or she  is
 4        licensed.
 5             (g)  The  performance of vestibular function testing
 6        by an appropriately trained person under the  supervision
 7        of  a  physician licensed to practice medicine in all its
 8        branches.
 9    (Source: P.A. 90-69, eff. 7-8-97.)

10        (225 ILCS 110/7) (from Ch. 111, par. 7907)
11        Sec. 7. Licensure requirement. On or after June 1,  1989,
12    no   person   shall  practice  speech-language  pathology  or
13    audiology without first applying for and obtaining a  license
14    for  such  purpose from the Department. Except as provided in
15    this Section, on or after January 1, 2002,  no  person  shall
16    perform   the  functions  and  duties  of  a  speech-language
17    pathology assistant without first applying for and  obtaining
18    a  license  for  that  purpose  from  the Department.  Before
19    January 1, 2004, however, any  person  holding  a  bachelor's
20    degree  in  communication disorders may perform the functions
21    and duties of a speech-language pathology  assistant  without
22    obtaining a license.
23    (Source: P.A. 90-69, eff. 7-8-97.)

24        (225 ILCS 110/8) (from Ch. 111, par. 7908)
25        Sec.   8.    Qualifications   for  licenses  to  practice
26    speech-language pathology or audiology. The Department  shall
27    require  that  each  applicant  for  a  license  to  practice
28    speech-language pathology or audiology shall:
29             (a)  (Blank);
30             (b)  be at least 21 years of age;
31             (c)  not  have violated any provisions of Section 16
32        of this Act;
 
HB1356 Enrolled             -32-               LRB9203588LBmg
 1             (d)  present satisfactory evidence  of  receiving  a
 2        master's degree in speech-language pathology or audiology
 3        from  a  program  approved by the Department.  Nothing in
 4        this Act shall be construed to prevent any  program  from
 5        establishing higher standards than specified in this Act;
 6             (e)  pass   an   examination   authorized   by   the
 7        Department  in the theory and practice of the profession,
 8        provided that the Department may recognize a  certificate
 9        granted    by    the   American   Speech-Language-Hearing
10        Association in lieu of such examination; and
11             (f)  have completed the equivalent of  9  months  of
12        full-time, supervised professional experience.
13        Applicants  have  3 years from the date of application to
14    complete the application process. If the process has not been
15    completed within 3 years, the application  shall  be  denied,
16    the  fee  shall  be forfeited, and the applicant must reapply
17    and  meet  the  requirements  in  effect  at  the   time   of
18    reapplication.
19    (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.)

20        (225 ILCS 110/8.5 new)
21        Sec.    8.5.     Qualifications   for   licenses   as   a
22    speech-language pathology assistant.  A person  is  qualified
23    to  be  licensed  as a speech-language pathology assistant if
24    that person has applied in writing on forms prescribed by the
25    Department, has paid the required fees, and meets both of the
26    following criteria:
27             (1)  Is of good  moral  character.   In  determining
28        moral   character,   the   Department   may   take   into
29        consideration any felony conviction of the applicant, but
30        such  a  conviction  shall not operate automatically as a
31        complete bar to licensure.
32             (2)  Has  received  an  associate  degree   from   a
33        speech-language pathology assistant program that has been
 
HB1356 Enrolled             -33-               LRB9203588LBmg
 1        approved  by  the  Department  and that meets the minimum
 2        requirements set forth in Section 8.6.

 3        (225 ILCS 110/8.6 new)
 4        Sec.  8.6.   Minimum  Requirements  for   Speech-language
 5    pathology assistant programs.
 6        (a)  An  applicant  for  licensure  as  a speech-language
 7    pathology assistant must have earned 60 semester credit hours
 8    in a program of study that includes general education and the
 9    specific knowledge and skills for a speech-language pathology
10    assistant.  The curriculum  of  a  speech-language  pathology
11    assistant  program must include all of the following content,
12    as further provided by rule promulgated by the Department:
13             (1)  Thirty-six semester  credit  hours  in  general
14        education.
15             (2)  Twenty-four  semester credit hours in technical
16        content areas designed to provide students with knowledge
17        and  skills  required   for   speech-language   pathology
18        assistants,  which must include (i) an overview of normal
19        processes  of  communication;   (ii)   an   overview   of
20        communication    disorders;    (iii)    instruction    in
21        speech-language    pathology    assistant-level   service
22        delivery  practices;  (iv)   instruction   in   workplace
23        behaviors;   (v)   cultural  and  linguistic  factors  in
24        communication; and (vi) observation.
25             (3)  Completion of at least 100 hours of  supervised
26        field   work   experiences   supervised   by  a  licensed
27        speech-language pathologist at least 50% of the time when
28        the student is engaged in contact  with  the  patient  or
29        client.   An  applicant  must obtain written verification
30        demonstrating successful completion of the required field
31        work experience, including a description of  the  setting
32        in  which  the training was received and an assessment of
33        the student's technical proficiency.
 
HB1356 Enrolled             -34-               LRB9203588LBmg
 1        (b)  The Department may promulgate rules that change  the
 2    curriculum requirements of subsection (a) in order to reflect
 3    the   guidelines   for  speech-language  pathology  assistant
 4    programs recommended by the American Speech-Language  Hearing
 5    Association.

 6        (225 ILCS 110/8.7 new)
 7        Sec.    8.7.    Duties   of   speech-language   pathology
 8    assistants.
 9        (a)  The  scope  of  responsibility  of   speech-language
10    pathology  assistants  shall  be limited to supplementing the
11    role of a speech-language  pathologist  in  implementing  the
12    treatment   program   established   by   the  speech-language
13    pathologist.  The functions and duties of  a  speech-language
14    pathology assistant shall be:
15             (1)  conducting  speech-language  screening, without
16        interpretation, and using screening  protocols  developed
17        by the supervising speech-language pathologist;
18             (2)  providing   direct   treatment   assistance  to
19        patients or clients,  if  authorized  by  and  under  the
20        supervision of a speech-language pathologist;
21             (3)  following and implementing documented treatment
22        plans   or   protocols   developed   by   a   supervising
23        speech-language pathologist;
24             (4)  documenting  patient  or client progress toward
25        meeting  established   objectives   and   reporting   the
26        information to a supervising speech-language pathologist;
27             (5)  assisting  a speech-language pathologist during
28        assessments, including, but  not  limited  to,  assisting
29        with   formal  documentation,  preparing  materials,  and
30        performing   clerical   duties    for    a    supervising
31        speech-language pathologist;
32             (6)  acting   as   an  interpreter  for  non-English
33        speaking patients or clients  and  their  family  members
 
HB1356 Enrolled             -35-               LRB9203588LBmg
 1        when competent to do so;
 2             (7)  scheduling  activities  and  preparing  charts,
 3        records, graphs, and data;
 4             (8)  performing checks and maintenance of equipment,
 5        including, but not limited to, augmentative communication
 6        devices; and
 7             (9)  assisting    with   speech-language   pathology
 8        research projects, in-service  training,  and  family  or
 9        community education;
10        (b)  A speech-language pathology assistant may not:
11             (1)  perform    standardized    or   nonstandardized
12        diagnostic tests or formal  or  informal  evaluations  or
13        interpret test results;
14             (2)  screen  or  diagnose  patients  or  clients for
15        feeding or swallowing disorders;
16             (3)  participate   in   parent   conferences,   case
17        conferences, or any interdisciplinary  team  without  the
18        presence of the supervising speech-language pathologist;
19             (4)  provide patient or client or family counseling;
20             (5)  write,   develop,  or  modify  a  patient's  or
21        client's individualized treatment plan;
22             (6)  assist  with  patients   or   clients   without
23        following  the  individualized treatment plan prepared by
24        the supervising speech-language pathologist;
25             (7)  sign any formal  documents  such  as  treatment
26        plans, reimbursement forms, or reports;
27             (8)  select patients or clients for services;
28             (9)  discharge a patient or client from services;
29             (10)  disclose clinical or confidential information,
30        either orally or in writing, to  anyone  other  than  the
31        supervising speech-language pathologist;
32             (11)  make referrals for additional services;
33             (12)  counsel or consult with the patient or client,
34        family,  or  others  regarding  the patient's or client's
 
HB1356 Enrolled             -36-               LRB9203588LBmg
 1        status or service;
 2             (13)  represent  himself  or   herself   to   be   a
 3        speech-language pathologist;
 4             (14)  use a checklist or tabulate results of feeding
 5        or swallowing evaluations; or
 6             (15)    demonstrate    swallowing    strategies   or
 7        precautions to patients, family, or staff.

 8        (225 ILCS 110/8.8 new)
 9        Sec.  8.8.   Supervision  of  speech-language   pathology
10    assistants.
11        (a)  A speech-language pathology assistant shall practice
12    only  under the supervision of a  speech-language pathologist
13    who has at least  2  years  experience  in  addition  to  the
14    supervised  professional experience required under subsection
15    (f) of Section 8 of this Act. A  speech-language  pathologist
16    who  supervises  a  speech-language  pathology assistant must
17    have completed at least  10 clock hours of  training  in  the
18    supervision  of  speech-language  pathology  assistants.  The
19    Department shall promulgate rules describing the  supervision
20    training requirements.  The rules may allow a speech-language
21    pathologist  to apply to the Board for an exemption from this
22    training requirement based upon prior supervisory experience.
23        (b)  A speech-language pathology assistant must be  under
24    the  direct  supervision of a  speech-language pathologist at
25    least 30% of the speech-language pathology assistant's actual
26    patient or client contact time per patient or  client  during
27    the  first 90 days of initial employment as a speech-language
28    pathology assistant.  Thereafter, a speech-language pathology
29    assistant  must  be  under  the  direct  supervision   of   a
30    speech-language    pathologist    at   least   20%   of   the
31    speech-language  pathology  assistant's  actual  patient   or
32    client  contact  time per patient or client. Supervision of a
33    speech-language  pathology  assistant  beyond   the   minimum
 
HB1356 Enrolled             -37-               LRB9203588LBmg
 1    requirements  of  this  subsection  may  be  imposed  at  the
 2    discretion  of  the  supervising speech-language pathologist.
 3    A supervising speech-language pathologist must  be  available
 4    to  communicate  with  a  speech-language pathology assistant
 5    whenever the assistant  is  in  contact  with  a  patient  or
 6    client.
 7        (c)  A  speech-language  pathologist  that  supervises  a
 8    speech-language  pathology  assistant  must  document  direct
 9    supervision    activities.    At   a   minimum,   supervision
10    documentation must  provide  (i)  information  regarding  the
11    quality   of   the   speech-language   pathology  assistant's
12    performance of assigned duties, and  (ii)  verification  that
13    clinical  activity  is limited to duties specified in Section
14    8.7.
15        (d)  A   full-time   speech-language   pathologist    may
16    supervise   no   more   than   2   speech-language  pathology
17    assistants.  A speech-language pathologist that does not work
18    full-time may supervise  no  more  than  one  speech-language
19    pathology assistant.
20        (e)  For  purposes  of this Section, "direct supervision"
21    means  on-site,  in-view  observation  and  guidance   by   a
22    speech-language  pathologist  while  an  assigned activity is
23    performed by the speech-language pathology assistant.

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

32        (225 ILCS 110/11) (from Ch. 111, par. 7911)
 
HB1356 Enrolled             -38-               LRB9203588LBmg
 1        Sec.  11.   Expiration,  renewal   and   restoration   of
 2    licenses.
 3        (a)  The  expiration  date  and  renewal  period for each
 4    license issued under this  Act  shall  be  set  by  rule.   A
 5    speech-language    pathologist,   speech-language   pathology
 6    assistant, or audiologist may renew such license  during  the
 7    month  preceding  the  expiration  date thereof by paying the
 8    required fee.
 9        (a-5)  All renewal  applicants  shall  provide  proof  of
10    having met the continuing education requirements set forth in
11    the  rules  of the Department.  At a minimum, the rules shall
12    require   a   renewal   applicant   for   licensure   as    a
13    speech-language  pathologist  or audiologist to provide proof
14    of completing at least 20 clock hours of continuing education
15    during the 2-year licensing cycle for  which  he  or  she  is
16    currently licensed. An audiologist who has met the continuing
17    education  requirements  of  the  Hearing Instrument Consumer
18    Protection Act during an  equivalent  licensing  cycle  under
19    this Act shall be deemed to have met the continuing education
20    requirements  of  this  Act.  At  a  minimum, the rules shall
21    require   a   renewal   applicant   for   licensure   as    a
22    speech-language  pathology  assistant  to  provide  proof  of
23    completing  at  least  10 clock hours of continuing education
24    during the 2-year period for which he or she currently  holds
25    a  license.  The  Department  shall  provide  by  rule for an
26    orderly process for the reinstatement of licenses  that  have
27    not been renewed for failure to meet the continuing education
28    requirements.   The  continuing education requirements may be
29    waived in cases of extreme hardship as defined by rule of the
30    Department.
31        The Department shall establish by rule a  means  for  the
32    verification   of  completion  of  the  continuing  education
33    required  by  this  Section.   This   verification   may   be
34    accomplished   through   audits   of  records  maintained  by
 
HB1356 Enrolled             -39-               LRB9203588LBmg
 1    licensees, by requiring the filing  of  continuing  education
 2    certificates   with   the   Department,  or  by  other  means
 3    established by the Department.
 4        (b)  Inactive status.
 5             (1)  Any licensee who  notifies  the  Department  in
 6        writing  on  forms prescribed by the Department may elect
 7        to place his or her license on  an  inactive  status  and
 8        shall,  subject  to  rules  of the Department, be excused
 9        from payment of renewal fees until he or she notifies the
10        Department in writing of his  or  her  desire  to  resume
11        active status.
12             (2)  Any   licensee   requesting   restoration  from
13        inactive status shall be required to (i) pay the  current
14        renewal  fee;  and  (ii)  demonstrate  that he or she has
15        obtained  the  equivalent  of  20  hours  of   continuing
16        education  if  the licensee has been inactive for 5 years
17        or more.
18             (3)  Any licensee whose license is  in  an  inactive
19        status  shall  not  practice  in  the  State  of Illinois
20        without first restoring his or her license.
21             (4)  Any licensee who shall engage in  the  practice
22        while   the  license  is  lapsed  or  inactive  shall  be
23        considered to be practicing without a license which shall
24        be grounds for discipline under Section 16 of this Act.
25        (c)  Any  speech-language  pathologist,   speech-language
26    pathology assistant, or audiologist whose license has expired
27    may  have  his  or  her license restored at any time within 5
28    years after the  expiration  thereof,  upon  payment  of  the
29    required fee.
30        (d)  Any  person  whose  license  has  been expired for 5
31    years or more may have his or her license restored by  making
32    application  to the Department and filing proof acceptable to
33    the Department of his or her  fitness  to  have  his  or  her
34    license  restored,  including  sworn  evidence  certifying to
 
HB1356 Enrolled             -40-               LRB9203588LBmg
 1    active lawful practice in another jurisdiction, and by paying
 2    the required restoration fee.   A  person  practicing  on  an
 3    expired license is deemed to be practicing without a license.
 4        (e)  If  a  person  whose  license  has  expired  has not
 5    maintained  active  practice  in  another  jurisdiction,  the
 6    Department  shall  determine,  by   an   evaluation   process
 7    established  by  rule,  his  or  her fitness to resume active
 8    status and may require the person to  complete  a  period  of
 9    evaluated  clinical  experience,  and  may require successful
10    completion of an examination.
11        (f)  Any person whose license has expired while he or she
12    has been engaged (1) in federal or State  service  on  active
13    duty,  or  (2) in training or education under the supervision
14    of the  United  States  preliminary  to  induction  into  the
15    military  service,  may  have  his  or  her  license restored
16    without paying any lapsed  renewal  or  restoration  fee,  if
17    within 2 years after termination of such service, training or
18    education   he   or   she   furnishes   the  Department  with
19    satisfactory proof that he or she has  been  so  engaged  and
20    that  his  or  her service, training or education has been so
21    terminated.
22    (Source: P.A. 90-69, eff. 7-8-97.)

23        (225 ILCS 110/13) (from Ch. 111, par. 7913)
24        Sec. 13. Licensing applicants from other States.
25        Upon payment of the required fee, an applicant who  is  a
26    speech-language    pathologist,   speech-language   pathology
27    assistant, or audiologist licensed under the laws of  another
28    state  or  territory  of  the  United  States,  shall without
29    examination  be  granted  a  license  as  a   speech-language
30    pathologist,    speech-language   pathology   assistant,   or
31    audiologist by the Department:
32        (a)  whenever the requirements of such state or territory
33    of  the  United  States  were  at  the  date   of   licensure
 
HB1356 Enrolled             -41-               LRB9203588LBmg
 1    substantially equal to the requirements then in force in this
 2    State; or
 3        (b)  whenever  such  requirements  of  another  state  or
 4    territory  of the United States together with educational and
 5    professional qualifications, as distinguished from  practical
 6    experience,  of  the  applicant  since obtaining a license as
 7    speech-language   pathologist,   speech-language    pathology
 8    assistant,  or  audiologist in such state or territory of the
 9    United States are substantially equal to the requirements  in
10    force in Illinois at the time of application for licensure as
11    a   speech-language  pathologist,  speech-language  pathology
12    assistant, or audiologist.
13        Applicants have 3 years from the date of  application  to
14    complete the application process. If the process has not been
15    completed  within  3  years, the application shall be denied,
16    the fee shall be forfeited, and the  applicant  must  reapply
17    and   meet   the  requirements  in  effect  at  the  time  of
18    reapplication.
19    (Source: P.A. 90-69, eff. 7-8-97.)

20        (225 ILCS 110/16) (from Ch. 111, par. 7916)
21        Sec. 16.  Refusal, revocation or suspension of licenses.
22        (1)  The Department may refuse to issue or renew, or  may
23    revoke,  suspend,  place  on probation, censure, reprimand or
24    take other disciplinary action as  the  Department  may  deem
25    proper,  including  fines  not  to  exceed  $5,000  for  each
26    violation,  with  regard  to  any  license  for  any  one  or
27    combination of the following causes:
28             (a)  Fraud in procuring the license.
29             (b)  Habitual  intoxication  or addiction to the use
30        of drugs.
31             (c)  Willful or repeated violations of the rules  of
32        the Department of Public Health.
33             (d)  Division of fees or agreeing to split or divide
 
HB1356 Enrolled             -42-               LRB9203588LBmg
 1        the   fees  received  for  speech-language  pathology  or
 2        audiology services  with  any  person  for  referring  an
 3        individual,  or  assisting in the care or treatment of an
 4        individual, without the knowledge of  the  individual  or
 5        his or her legal representative.
 6             (e)  Employing,   procuring,   inducing,  aiding  or
 7        abetting a  person  not  licensed  as  a  speech-language
 8        pathologist  or audiologist to engage in the unauthorized
 9        practice of speech-language pathology or audiology.
10             (e-5) Employing,  procuring,  inducing,  aiding,  or
11        abetting  a  person  not  licensed  as  a speech-language
12        pathology assistant to perform the functions  and  duties
13        of a speech-language pathology assistant.
14             (f)  Making    any   misrepresentations   or   false
15        promises, directly or indirectly, to influence,  persuade
16        or induce patronage.
17             (g)  Professional connection or association with, or
18        lending  his  or  her  name  to  another  for the illegal
19        practice of speech-language  pathology  or  audiology  by
20        another,  or  professional connection or association with
21        any person, firm or corporation holding itself out in any
22        manner contrary to this Act.
23             (h)  Obtaining or seeking to obtain  checks,  money,
24        or  any  other  things  of  value  by false or fraudulent
25        representations, including but not limited  to,  engaging
26        in  such  fraudulent  practice  to  defraud  the  medical
27        assistance program of the Department of Public Aid.
28             (i)  Practicing  under  a name other than his or her
29        own.
30             (j)  Improper,   unprofessional   or    dishonorable
31        conduct of a character likely to deceive, defraud or harm
32        the public.
33             (k)  Conviction  in  this  or  another  state of any
34        crime which is a felony under the laws of this  State  or
 
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 1        conviction  of  a  felony  in  a  federal  court,  if the
 2        Department determines,  after  investigation,  that  such
 3        person has not been sufficiently rehabilitated to warrant
 4        the public trust.
 5             (1)  Permitting   a   person   under   his   or  her
 6        supervision to perform any  function  not  authorized  by
 7        this Act.
 8             (m)  A  violation  of  any  provision of this Act or
 9        rules promulgated thereunder.
10             (n)  Revocation by another state,  the  District  of
11        Columbia,  territory,  or  foreign nation of a license to
12        practice speech-language  pathology  or  audiology  or  a
13        license   to  practice  as  a  speech-language  pathology
14        assistant in its jurisdiction if  at  least  one  of  the
15        grounds  for  that  revocation  is  the  same  as  or the
16        equivalent of one of the grounds for revocation set forth
17        herein.
18             (o)  Willfully failing  to  report  an  instance  of
19        suspected  child  abuse  or  neglect  as  required by the
20        Abused and Neglected Child Reporting Act.
21             (p)  Gross  or  repeated  malpractice  resulting  in
22        injury or death of an individual.
23             (q)  Willfully making or  filing  false  records  or
24        reports  in  his  or  her  practice  as a speech-language
25        pathologist,  speech-language  pathology  assistant,   or
26        audiologist, including, but not limited to, false records
27        to  support  claims against the public assistance program
28        of the Illinois Department of Public Aid.
29             (r)  Professional incompetence as manifested by poor
30        standards of care or mental incompetence as declared by a
31        court of competent jurisdiction.
32             (s)  Repeated  irregularities  in  billing  a  third
33        party  for  services  rendered  to  an  individual.   For
34        purposes of this  Section,  "irregularities  in  billing"
 
HB1356 Enrolled             -44-               LRB9203588LBmg
 1        shall include:
 2                  (i)  reporting   excessive   charges   for  the
 3             purpose of obtaining a total payment  in  excess  of
 4             that   usually   received   by  the  speech-language
 5             pathologist, speech-language pathology assistant, or
 6             audiologist for the services rendered;
 7                  (ii)  reporting  charges   for   services   not
 8             rendered; or
 9                  (iii)  incorrectly  reporting services rendered
10             for the purpose of obtaining payment not earned.
11             (t)  (Blank).
12             (u)  Violation   of   the   Health    Care    Worker
13        Self-Referral Act.
14             (v)  Physical  illness, including but not limited to
15        deterioration through the aging process or loss of  motor
16        skill,  mental illness, or disability that results in the
17        inability to  practice  the  profession  with  reasonable
18        judgment, skill, or safety.
19             (w)  Violation  of  the  Hearing Instrument Consumer
20        Protection Act.
21             (x) Failure by a speech-language pathology assistant
22        and supervising  speech-language  pathologist  to  comply
23        with  the  supervision  requirements set forth in Section
24        8.8.
25             (y)  Wilfully  exceeding   the   scope   of   duties
26        customarily  undertaken  by    speech-language  pathology
27        assistants  set  forth in Section 8.7 that results in, or
28        may result in, harm to the public.
29        (2)  The Department  shall  deny  a  license  or  renewal
30    authorized  by this Act to any person who has defaulted on an
31    educational loan guaranteed by the Illinois State Scholarship
32    Commission; however, the Department may issue  a  license  or
33    renewal  if  the  aforementioned  persons  have established a
34    satisfactory repayment record as determined by  the  Illinois
 
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 1    State Scholarship Commission.
 2        (3)  The   entry   of   an   order  by  a  circuit  court
 3    establishing that any person holding a license under this Act
 4    is subject to involuntary admission or judicial admission  as
 5    provided   for   in   the  Mental  Health  and  Developmental
 6    Disabilities Code, operates as  an  automatic  suspension  of
 7    that  license.  That  person  may  have  his  or  her license
 8    restored only upon the determination by a circuit court  that
 9    the  patient is no longer subject to involuntary admission or
10    judicial admission and the issuance of an  order  so  finding
11    and   discharging   the   patient,   and   upon  the  Board's
12    recommendation  to  the  Department  that  the   license   be
13    restored.  Where the circumstances so indicate, the Board may
14    recommend to the Department that it  require  an  examination
15    prior  to restoring any license automatically suspended under
16    this subsection.
17        (4)  The Department may refuse to issue  or  may  suspend
18    the  license  of any person who fails to file a return, or to
19    pay the tax, penalty, or interest shown in a filed return, or
20    to pay any final assessment of the tax penalty  or  interest,
21    as  required by any tax Act administered by the Department of
22    Revenue, until such time as the requirements of any such  tax
23    Act are satisfied.
24        (5)  In  enforcing this Section, the Board upon a showing
25    of a possible violation may compel an individual licensed  to
26    practice  under  this  Act,  or who has applied for licensure
27    pursuant to this Act, to  submit  to  a  mental  or  physical
28    examination,  or  both,  as required by and at the expense of
29    the  Department.   The  examining  physicians   or   clinical
30    psychologists  shall  be those specifically designated by the
31    Board.  The individual to be examined may have, at his or her
32    own expense, another physician or  clinical  psychologist  of
33    his  or  her  choice  present  during  all  aspects  of  this
34    examination.  Failure of any individual to submit to a mental
 
HB1356 Enrolled             -46-               LRB9203588LBmg
 1    or  physical examination, when directed, shall be grounds for
 2    suspension of his or her license until the individual submits
 3    to the examination if  the  Board  finds,  after  notice  and
 4    hearing,  that  the  refusal to submit to the examination was
 5    without reasonable cause.
 6        If the Board  finds  an  individual  unable  to  practice
 7    because  of  the reasons set forth in this Section, the Board
 8    may require that individual to submit to care, counseling, or
 9    treatment by physicians or clinical psychologists approved or
10    designated by the Board, as a condition, term, or restriction
11    for continued, reinstated, or renewed licensure to  practice;
12    or,  in lieu of care, counseling, or treatment, the Board may
13    recommend  to  the  Department  to  file   a   complaint   to
14    immediately  suspend,  revoke,  or  otherwise  discipline the
15    license of the individual. Any individual whose  license  was
16    granted,   continued,  reinstated,  renewed,  disciplined  or
17    supervised   subject   to   such   terms,   conditions,    or
18    restrictions,  and  who  fails  to  comply  with  such terms,
19    conditions,  or  restrictions,  shall  be  referred  to   the
20    Director  for  a  determination  as to whether the individual
21    shall have his or her license suspended immediately,  pending
22    a hearing by the Board.
23        In instances in which the Director immediately suspends a
24    person's  license  under  this  Section,  a  hearing  on that
25    person's license must be convened by the Board within 15 days
26    after the suspension and completed without appreciable delay.
27    The Board shall have the  authority  to  review  the  subject
28    individual's record of treatment and counseling regarding the
29    impairment  to  the  extent  permitted  by applicable federal
30    statutes and regulations safeguarding the confidentiality  of
31    medical records.
32        An  individual licensed under this Act and affected under
33    this Section shall be afforded an opportunity to  demonstrate
34    to the Board that he or she can resume practice in compliance
 
HB1356 Enrolled             -47-               LRB9203588LBmg
 1    with acceptable and prevailing standards under the provisions
 2    of his or her license.
 3    (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.)

 4        (225 ILCS 110/16.5)
 5        Sec.  16.5. Advertising. A person licensed under this Act
 6    as a speech-language pathologist or audiologist may advertise
 7    the availability of professional services in the public media
 8    or on the  premises  where  such  professional  services  are
 9    rendered  as  permitted  by  law, provided the advertising is
10    truthful and not misleading or deceptive. The Department  may
11    adopt rules consistent with this Section.
12    (Source: P.A. 90-69, eff. 7-8-97.)

13        (225 ILCS 110/18) (from Ch. 111, par. 7918)
14        Sec. 18.  Disciplinary actions.
15        (a)  In  case the licensee, after receiving notice, fails
16    to file an answer, his or her license may, in the  discretion
17    of  the Director, having first received the recommendation of
18    the Board, be  suspended,  revoked,  placed  on  probationary
19    status  or the Director may take whatever disciplinary action
20    he or she may deem  proper,  including  limiting  the  scope,
21    nature,  or extent of the person's practice or the imposition
22    of a fine, without a hearing, if  the  act  or  acts  charged
23    constitute sufficient grounds for such action under this Act.
24        (b)  The  Director may temporarily suspend the license of
25    a  speech-language  pathologist,  speech-language   pathology
26    assistant,  or audiologist without a hearing, simultaneous to
27    the institution of proceedings for a hearing under this  Act,
28    if  the Director finds that evidence in his or her possession
29    indicates    that    a     speech-language     pathologist's,
30    speech-language  pathology  assistant's,  or an audiologist's
31    continuation in practice would constitute an immediate danger
32    to the public.  In the event that  the  Director  temporarily
 
HB1356 Enrolled             -48-               LRB9203588LBmg
 1    suspends   the  license  of  a  speech-language  pathologist,
 2    speech-language pathology assistant, or audiologist without a
 3    hearing, a hearing by the Board must be held within  15  days
 4    after  such  suspension  has  occurred  and concluded without
 5    appreciable delay.
 6    (Source: P.A. 90-69, eff. 7-8-97.)

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

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

31        (225 ILCS 110/28) (from Ch. 111, par. 7928)
 
HB1356 Enrolled             -49-               LRB9203588LBmg
 1        Sec. 28.  Injunction.  The  practice  of  speech-language
 2    pathology  or audiology by any person not holding a valid and
 3    current license under this Act or  a  person  performing  the
 4    functions and duties of a speech-language pathology assistant
 5    without  a  valid  and  current  license  under  this Act, is
 6    declared to be inimical to the public welfare, to  constitute
 7    a  public  nuisance,  and  to  cause  irreparable harm to the
 8    public welfare.  The  Director,  the  Attorney  General,  the
 9    State's attorney of any county in the State or any person may
10    maintain  an action in the name of the People of the State of
11    Illinois, and may apply for  an  injunction  in  any  circuit
12    court  to  enjoin  any  such  person  from  engaging  in such
13    practice.  Upon the filing of a  verified  petition  in  such
14    court,  the  court  or  any  judge  thereof,  if satisfied by
15    affidavit, or otherwise, that such person has been engaged in
16    such practice without a valid and current license, may  issue
17    a  temporary injunction without notice or bond, enjoining the
18    defendant from any such further practice. Only the showing of
19    nonlicensure, by affidavit  or  otherwise,  is  necessary  in
20    order  for  a  temporary  injunction  to issue. A copy of the
21    verified complaint shall be served upon the defendant and the
22    proceedings shall thereafter be conducted as in  other  civil
23    cases   except   as  modified  by  this  Section.  If  it  is
24    established that the defendant has been, or is engaged in any
25    such unlawful practice, the court, or any judge thereof,  may
26    enter   an   order  or  judgment  perpetually  enjoining  the
27    defendant from further  such  practice.  In  all  proceedings
28    hereunder,  the  court,  in its discretion, may apportion the
29    costs among the parties interested  in  the  suit,  including
30    cost  of  filing  the  complaint, service of process, witness
31    fees and expenses,  court  reporter  charges  and  reasonable
32    attorneys'  fees.  In  case  of  violation  of any injunction
33    issued under the provisions of this Section, the court or any
34    judge thereof may summarily try and punish the  offender  for
 
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 1    contempt  of  court.  Such injunction proceedings shall be in
 2    addition to, and not in lieu  of,  all  penalties  and  other
 3    remedies provided in this Act.
 4    (Source: P.A. 90-69, eff. 7-8-97.)

 5        (225 ILCS 110/29) (from Ch. 111, par. 7929)
 6        Sec.  29.  Penalty  of  unlawful  practice  -  second and
 7    subsequent offenses. Any person who practices  or  offers  to
 8    practice  speech-language  pathology or audiology or performs
 9    the functions  and  duties  of  a  speech-language  pathology
10    assistant  in  this  State  without  being  licensed for that
11    purpose, or whose license has been suspended or  revoked,  or
12    who  violates any of the provisions of this Act, for which no
13    specific penalty has been provided herein,  is  guilty  of  a
14    Class A misdemeanor.
15        Any person who has been previously convicted under any of
16    the  provisions of this Act and who subsequently violates any
17    of the provisions of this Act is guilty of a Class 4  felony.
18    In  addition, whenever any person is punished as a subsequent
19    offender under this Section, the Director  shall  proceed  to
20    obtain  a  permanent  injunction  against  such  person under
21    Section 29 of this Act.
22    (Source: P.A. 85-1391.)

23        (225 ILCS 110/29.5)
24        Sec. 29.5. Unlicensed practice; civil penalty.
25        (a)  Any  person  who  practices,  offers  to   practice,
26    attempts  to  practice,  or  holds  oneself  out  to practice
27    speech-language  pathology  or  audiology  or  performs   the
28    functions and duties of a speech-language pathology assistant
29    without  being  licensed under this Act shall, in addition to
30    any other penalty provided by law, pay a civil penalty to the
31    Department in an amount not to exceed $5,000 for each offense
32    as determined by the Department. The civil penalty  shall  be
 
HB1356 Enrolled             -51-               LRB9203588LBmg
 1    assessed  by  the  Department  after  a  hearing  is  held in
 2    accordance  with  the  provisions  set  forth  in  this   Act
 3    regarding  the provision of a hearing for the discipline of a
 4    licensee.
 5        (b)  The  Department  has  the  authority  and  power  to
 6    investigate any and all unlicensed activity.
 7        (c)  The civil penalty shall be paid within 60 days after
 8    the effective date of the order imposing the  civil  penalty.
 9    The  order  shall  constitute a judgment and may be filed and
10    execution had thereon in the same manner as any judgment from
11    any court of record.
12    (Source: P.A. 90-69, eff. 7-8-97.)

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

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