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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 HB1356 Enrolled -2- LRB9203588LBmg 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 HB1356 Enrolled -3- LRB9203588LBmg 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 HB1356 Enrolled -4- LRB9203588LBmg 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 HB1356 Enrolled -5- LRB9203588LBmg 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 HB1356 Enrolled -6- LRB9203588LBmg 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 HB1356 Enrolled -7- LRB9203588LBmg 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) HB1356 Enrolled -8- LRB9203588LBmg 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 HB1356 Enrolled -9- LRB9203588LBmg 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 HB1356 Enrolled -10- LRB9203588LBmg 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 HB1356 Enrolled -11- LRB9203588LBmg 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 HB1356 Enrolled -12- LRB9203588LBmg 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 HB1356 Enrolled -13- LRB9203588LBmg 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 HB1356 Enrolled -14- LRB9203588LBmg 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 assistantan appropriately trained personif 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 HB1356 Enrolled -43- LRB9203588LBmg 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 HB1356 Enrolled -45- LRB9203588LBmg 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 HB1356 Enrolled -50- LRB9203588LBmg 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 audiologistlicenseeshall 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.)