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92_HB1356ham001 LRB9203588LBmbam01 1 AMENDMENT TO HOUSE BILL 1356 2 AMENDMENT NO. . Amend House Bill 1356 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The School Code is amended by changing 5 Sections 21-2 and 21-14 and adding Sections 1.09b, 1.09c, and 6 6.03 as follows: 7 (105 ILCS 5/14-1.09b new) 8 Sec. 14-1.09b. Speech-language pathologist. 9 "Speech-language pathologist" means a person who has received 10 a license pursuant to the Illinois Speech-Language Pathology 11 and Audiology Practice Act to engage in the practice of 12 speech-language pathology. 13 (105 ILCS 5/14-1.09c new) 14 Sec. 14-1.09c. Speech-language pathology assistant. 15 "Speech-language pathology assistant" means a person who has 16 received a license to assist a speech-language pathologist 17 pursuant to the Illinois Speech-Language Pathology and 18 Audiology Practice Act. 19 (105 ILCS 5/14-6.03 new) 20 Sec. 14-6.03. Speech-language pathology assistants. -2- LRB9203588LBmbam01 1 (a) Except as otherwise provided in this subsection, on 2 or after January 1, 2002, no person shall perform the duties 3 of a speech-language pathology assistant without first 4 applying for and receiving a license for that purpose from 5 the Department of Professional Regulation. Before January 1, 6 2004, however, any person holding a bachelor's degree in 7 communication disorders who has been approved by the State 8 Board of Education on or after the effective date of this 9 amendatory Act of the 92nd General Assembly to perform the 10 functions and duties of a speech-language pathology assistant 11 may perform those functions and duties without obtaining a 12 license as a speech-language pathology assistant pursuant to 13 the Illinois Speech-Language Pathology and Audiology Practice 14 Act. A person employed as a speech-language pathology 15 assistant in any class, service, or program authorized by 16 this Article may perform only those duties authorized by this 17 Section under the supervision of a speech-language 18 pathologist as provided in this Section. 19 (b) A speech-language pathology assistant may not be 20 assigned his or her own student caseload. The student 21 caseload limit of a speech-language pathologist who 22 supervises any speech-language pathology assistants shall be 23 determined by the severity of the needs of the students 24 served by the speech-language pathologist. A full-time 25 speech-language pathologist's caseload limit may not exceed 26 80 students (60 students on or after September 1, 2003) at 27 any time. The caseload limit of a part-time speech-language 28 pathologist shall be determined by multiplying the caseload 29 limit of a full-time speech-language pathologist by a 30 percentage that equals the number of hours worked by the 31 part-time speech-language pathologist divided by the number 32 of hours worked by a full-time speech-language pathologist in 33 that school district. Employment of a speech-language 34 pathology assistant may not increase or decrease the caseload -3- LRB9203588LBmbam01 1 of the supervising speech-language pathologist. 2 (c) A school district that intends to utilize the 3 services of a speech-language pathology assistant must 4 provide written notification to the parent or guardian of 5 each student who will be served by a speech-language 6 pathology assistant. 7 (d) The scope of responsibility of a speech-language 8 pathology assistant shall be limited to supplementing the 9 role of the speech-language pathologist in implementing the 10 treatment program established by a speech-language 11 pathologist. The functions and duties of a speech-language 12 pathology assistant shall be limited to the following: 13 (1) Conducting speech-language screening, without 14 interpretation, and using screening protocols selected by 15 the supervising speech-language pathologist. 16 (2) Providing direct treatment assistance to 17 students under the supervision of a speech-language 18 pathologist. 19 (3) Following and implementing documented treatment 20 plans or protocols developed by a supervising 21 speech-language pathologist. 22 (4) Documenting student progress toward meeting 23 established objectives, and reporting the information to 24 a supervising speech-language pathologist. 25 (5) Assisting a speech-language pathologist during 26 assessments, including, but not limited to, assisting 27 with formal documentation, preparing materials, and 28 performing clerical duties for a supervising 29 speech-language pathologist. 30 (6) Acting as an interpreter for non-English 31 speaking students and their family members when competent 32 to do so. 33 (7) Scheduling activities and preparing charts, 34 records, graphs, and data. -4- LRB9203588LBmbam01 1 (8) Performing checks and maintenance of equipment, 2 including, but not limited to, augmentative communication 3 devices. 4 (9) Assisting with speech-language pathology 5 research projects, in-service training, and family or 6 community education. 7 (e) A speech-language pathology assistant may not: 8 (1) perform standardized or nonstandardized 9 diagnostic tests or formal or informal evaluations or 10 interpret test results; 11 (2) screen or diagnose students for feeding or 12 swallowing disorders; 13 (3) participate in parent conferences, case 14 conferences, or any interdisciplinary team without the 15 presence of the supervising speech-language pathologist; 16 (4) provide student or family counseling; 17 (5) write, develop, or modify a student's 18 individualized treatment plan; 19 (6) assist with students without following the 20 individualized treatment plan prepared by the supervising 21 speech-language pathologist; 22 (7) sign any formal documents, such as treatment 23 plans, reimbursement forms, or reports; 24 (8) select students for services; 25 (9) discharge a student from services; 26 (10) disclose clinical or confidential information, 27 either orally or in writing, to anyone other than the 28 supervising speech-language pathologist; 29 (11) make referrals for additional services; 30 (12) counsel or consult with the student, family, 31 or others regarding the student's status or service; 32 (13) represent himself or herself to be a 33 speech-language pathologist or a speech therapist; 34 (14) use a checklist or tabulate results of feeding -5- LRB9203588LBmbam01 1 or swallowing evaluations; or 2 (15) demonstrate swallowing strategies or 3 precautions to students, family, or staff. 4 (f) A speech-language pathology assistant shall practice 5 only under the supervision of a speech-language pathologist 6 who has at least 2 years experience in addition to the 7 supervised professional experience required under subsection 8 (f) of Section 8 of the Illinois Speech-Language Pathology 9 and Audiology Practice Act. A speech-language pathologist 10 who supervises a speech-language pathology assistant must 11 have completed at least 10 clock hours of training in the 12 supervision of speech-language pathology assistants. The 13 State Board of Education shall promulgate rules describing 14 the supervision training requirements. The rules may allow a 15 speech-language pathologist to apply to the State Board of 16 Education for an exemption from this training requirement 17 based upon prior supervisory experience. 18 (g) A speech-language pathology assistant must be under 19 the direct supervision of a speech-language pathologist at 20 least 30% of the speech-language pathology assistant's actual 21 student contact time per student for the first 90 days of 22 initial employment as a speech-language pathology assistant. 23 Thereafter, the speech-language pathology assistant must be 24 under the direct supervision of a speech-language pathologist 25 at least 20% of the speech-language pathology assistant's 26 actual student contact time per student. Supervision of a 27 speech-language pathology assistant beyond the minimum 28 requirements of this subsection may be imposed at the 29 discretion of the supervising speech-language pathologist. A 30 supervising speech-language pathologist must be available to 31 communicate with a speech-language pathology assistant 32 whenever the assistant is in contact with a student. 33 (h) A speech-language pathologist that supervises a 34 speech-language pathology assistant must document direct -6- LRB9203588LBmbam01 1 supervision activities. At a minimum, supervision 2 documentation must provide (i) information regarding the 3 quality of the speech-language pathology assistant's 4 performance of assigned duties and (ii) verification that 5 clinical activity is limited to duties specified in this 6 Section. 7 (i) A full-time speech-language pathologist may 8 supervise no more than 2 speech-language pathology 9 assistants. A speech-language pathologist that does not work 10 full-time may supervise no more than one speech-language 11 pathology assistant. 12 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2) 13 Sec. 21-2. Grades of certificates. 14 (a) Until February 15, 2000, all certificates issued 15 under this Article shall be State certificates valid, except 16 as limited in Section 21-1, in every school district coming 17 under the provisions of this Act and shall be limited in time 18 and designated as follows: Provisional vocational 19 certificate, temporary provisional vocational certificate, 20 early childhood certificate, elementary school certificate, 21 special certificate, high school certificate, school service 22 personnel certificate, administrative certificate, 23 provisional certificate, and substitute certificate. The 24 requirement of student teaching under close and competent 25 supervision for obtaining a teaching certificate may be 26 waived by the State Teacher Certification Board upon 27 presentation to the Board by the teacher of evidence of 5 28 years successful teaching experience on a valid certificate 29 and graduation from a recognized institution of higher 30 learning with a bachelor's degree with not less than 120 31 semester hours and a minimum of 16 semester hours in 32 professional education. A speech-language pathologist or 33 audiologist who has met the continuing education requirements -7- LRB9203588LBmbam01 1 of the Illinois Speech-Language Pathology and Audiology 2 Practice Act and rules promulgated under that Act shall be 3 deemed to have satisfied the continuing professional 4 development requirements established by the State Board of 5 Education and the Teacher Certification Board to obtain an 6 Initial Teaching Certificate or to obtain or renew a Standard 7 Certificate or a Master Certificate. 8 (b) Initial Teaching Certificate. Beginning February 9 15, 2000, persons who (1) have completed an approved teacher 10 preparation program, (2) are recommended by an approved 11 teacher preparation program, (3) have successfully completed 12 the Initial Teaching Certification examinations required by 13 the State Board of Education, and (4) have met all other 14 criteria established by the State Board of Education in 15 consultation with the State Teacher Certification Board, 16 shall be issued an Initial Teaching Certificate valid for 4 17 years of teaching, as defined in Section 21-14 of this Code. 18 Initial Teaching Certificates shall be issued for categories 19 corresponding to Early Childhood, Elementary, Secondary, and 20 Special K-12, with special certification designations for 21 Special Education, Bilingual Education, fundamental learning 22 areas (including Language Arts, Reading, Mathematics, 23 Science, Social Science, Physical Development and Health, 24 Fine Arts, and Foreign Language), and other areas designated 25 by the State Board of Education, in consultation with the 26 State Teacher Certification Board. 27 (c) Standard Certificate. Beginning February 15, 2000, 28 persons who (1) have completed 4 years of teaching, as 29 defined in Section 21-14 of this Code, with an Initial 30 Certificate or an Initial Alternative Teaching Certificate 31 and have met all other criteria established by the State 32 Board of Education in consultation with the State Teacher 33 Certification Board, (2) have completed 4 years of teaching 34 on a valid equivalent certificate in another State or -8- LRB9203588LBmbam01 1 territory of the United States, or have completed 4 years of 2 teaching in a nonpublic Illinois elementary or secondary 3 school with an Initial Certificate or an Initial Alternative 4 Teaching Certificate, and have met all other criteria 5 established by the State Board of Education, in consultation 6 with the State Teacher Certification Board, or (3) were 7 issued teaching certificates prior to February 15, 2000 and 8 are renewing those certificates after February 15, 2000, 9 shall be issued a Standard Certificate valid for 5 years, 10 which may be renewed thereafter every 5 years by the State 11 Teacher Certification Board based on proof of continuing 12 education or professional development. Beginning July 1, 13 2003, persons who have completed 4 years of teaching, as 14 described in clauses (1) and (2) of this subsection (c), have 15 successfully completed the Standard Teaching Certificate 16 Examinations, and have met all other criteria established by 17 the State Board of Education, in consultation with the State 18 Teacher Certification Board, shall be issued Standard 19 Certificates. Standard Certificates shall be issued for 20 categories corresponding to Early Childhood, Elementary, 21 Secondary, and Special K-12, with special certification 22 designations for Special Education, Bilingual Education, 23 fundamental learning areas (including Language Arts, Reading, 24 Mathematics, Science, Social Science, Physical Development 25 and Health, Fine Arts, and Foreign Language), and other areas 26 designated by the State Board of Education, in consultation 27 with the State Teacher Certification Board. 28 (d) Master Certificate. Beginning February 15, 2000, 29 persons who have successfully achieved National Board 30 certification through the National Board for Professional 31 Teaching Standards and speech-language pathologists or 32 audiologists who have been granted the Certificate of 33 Clinical Competence by the American Speech-Language Hearing 34 Association shall be issued a Master Certificate, valid for -9- LRB9203588LBmbam01 1 10 years and renewable thereafter every 10 years through 2 compliance with requirements set forth by the State Board of 3 Education, in consultation with the State Teacher 4 Certification Board. However, each teacher who holds a Master 5 Certificate shall be eligible for a teaching position in this 6 State in the areas for which he or she holds a Master 7 Certificate without satisfying any other requirements of this 8 Code, except for those requirements pertaining to criminal 9 background checks. A teacher who holds a Master Certificate 10 shall be deemed to meet State certification renewal 11 requirements in the area or areas for which he or she holds a 12 Master Certificate for the 10-year term of the teacher's 13 Master Certificate. 14 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 15 90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff. 16 8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.) 17 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14) 18 Sec. 21-14. Registration and renewal of certificates. 19 (a) A limited four-year certificate or a certificate 20 issued after July 1, 1955, shall be renewable at its 21 expiration or within 60 days thereafter by the county 22 superintendent of schools having supervision and control over 23 the school where the teacher is teaching upon certified 24 evidence of meeting the requirements for renewal as required 25 by this Act and prescribed by the State Board of Education in 26 consultation with the State Teacher Certification Board. An 27 elementary supervisory certificate shall not be renewed at 28 the end of the first four-year period covered by the 29 certificate unless the holder thereof has filed certified 30 evidence with the State Teacher Certification Board that he 31 has a master's degree or that he has earned 8 semester hours 32 of credit in the field of educational administration and 33 supervision in a recognized institution of higher learning. -10- LRB9203588LBmbam01 1 The holder shall continue to earn 8 semester hours of credit 2 each four-year period until such time as he has earned a 3 master's degree. 4 All certificates not renewed or registered as herein 5 provided shall lapse after a period of 5 years from the 6 expiration of the last year of registration. Such 7 certificates may be reinstated for a one year period upon 8 payment of all accumulated registration fees. Such 9 reinstated certificates shall only be renewed: (1) by earning 10 5 semester hours of credit in a recognized institution of 11 higher learning in the field of professional education or in 12 courses related to the holder's contractual teaching duties; 13 or (2) by presenting evidence of holding a valid regular 14 certificate of some other type. Any certificate may be 15 voluntarily surrendered by the certificate holder. A 16 voluntarily surrendered certificate shall be treated as a 17 revoked certificate. 18 (b) When those teaching certificates issued before 19 February 15, 2000 are renewed for the first time after 20 February 15, 2000, all such teaching certificates shall be 21 exchanged for Standard Teaching Certificates as provided in 22 subsection (c) of Section 21-2. All Initial and Standard 23 Teaching Certificates, including those issued to persons who 24 previously held teaching certificates issued before February 25 15, 2000, shall be renewable under the conditions set forth 26 in this subsection (b). 27 Initial Teaching Certificates are nonrenewable and are 28 valid for 4 years of teaching. Standard Teaching 29 Certificates are renewable every 5 years as provided in 30 subsection (c) of Section 21-2 and subsection (c) of this 31 Section. For purposes of this Section, "teaching" is defined 32 as employment and performance of services in an Illinois 33 public or State-operated elementary school, secondary school, 34 or cooperative or joint agreement with a governing body or -11- LRB9203588LBmbam01 1 board of control, in a certificated teaching position, or a 2 charter school operating in compliance with the Charter 3 Schools Law. 4 (c) In compliance with subsection (c) of Section 21-2 of 5 this Code, which provides that a Standard Teaching 6 Certificate may be renewed by the State Teacher Certification 7 Board based upon proof of continuing professional 8 development, the State Board of Education and the State 9 Teacher Certification Board shall jointly: 10 (1) establish a procedure for renewing Standard 11 Teaching Certificates, which shall include but not be 12 limited to annual timelines for the renewal process and 13 the components set forth in subsections (d) through (k) 14 of this Section; 15 (2) establish the standards for certificate 16 renewal; 17 (3) approve the providers of continuing 18 professional development activities; 19 (4) determine the maximum credit for each category 20 of continuing professional development activities, based 21 upon recommendations submitted by a continuing 22 professional development activity task force, which shall 23 consist of 6 staff members from the State Board of 24 Education, appointed by the State Superintendent of 25 Education, and 6 teacher representatives, 3 of whom are 26 selected by the Illinois Education Association and 3 of 27 whom are selected by the Illinois Federation of Teachers; 28 (5) designate the type and amount of documentation 29 required to show that continuing professional development 30 activities have been completed; and 31 (6) provide, on a timely basis to all Illinois 32 teachers, certificate holders, regional superintendents 33 of schools, school districts, and others with an interest 34 in continuing professional development, information about -12- LRB9203588LBmbam01 1 the standards and requirements established pursuant to 2 this subsection (c). 3 (d) Any Standard Teaching Certificate held by an 4 individual employed and performing services in an Illinois 5 public or State-operated elementary school, secondary school, 6 or cooperative or joint agreement with a governing body or 7 board of control in a certificated teaching position or a 8 charter school in compliance with the Charter Schools Law 9 must be maintained Valid and Active through certificate 10 renewal activities specified in the certificate renewal 11 procedure established pursuant to subsection (c) of this 12 Section, provided that a holder of a Valid and Active 13 certificate who is only employed on either a part-time basis 14 or day-to-day basis as a substitute teacher shall pay only 15 the required registration fee to renew his or her certificate 16 and maintain it as Valid and Active. All other Standard 17 Teaching Certificates held may be maintained as Valid and 18 Exempt through the registration process provided for in the 19 certificate renewal procedure established pursuant to 20 subsection (c) of this Section. A Valid and Exempt 21 certificate must be immediately activated, through procedures 22 developed jointly by the State Board of Education and the 23 State Teacher Certification Board, upon the certificate 24 holder becoming employed and performing services in an 25 Illinois public or State-operated elementary school, 26 secondary school, or cooperative or joint agreement with a 27 governing body or board of control in a certificated teaching 28 position or a charter school operating in compliance with the 29 Charter Schools Law. A holder of a Valid and Exempt 30 certificate may activate his or her certificate through 31 procedures provided for in the certificate renewal procedure 32 established pursuant to subsection (c) of this Section. 33 (e)(1) A Standard Teaching Certificate that has been 34 maintained as Valid and Active for the 5 years of the -13- LRB9203588LBmbam01 1 certificate's validity shall be renewed as Valid and Active 2 upon the certificate holder: (i) completing at least 8 3 semester hours of coursework as described in subdivision (A) 4 of paragraph (3) of this subsection (e); (ii) earning at 5 least 24 continuing education units as described in 6 subdivision (B) of paragraph (3) of this subsection (e); 7 (iii) completing the National Board for Professional Teaching 8 Standards process as described in subdivision (C) of 9 paragraph (3) of this subsection (e); or (iv) earning 120 10 continuing professional development units ("CPDU") as 11 described in subdivision (D) of paragraph (3) of this 12 subsection (e). The maximum continuing professional 13 development units for each continuing professional 14 development activity identified in subdivisions (E) through 15 (I) of paragraph (3) of this subsection (e) shall be jointly 16 determined by the State Board of Education and the State 17 Teacher Certification Board. If, however, the certificate 18 holder has maintained the certificate as Valid and Exempt for 19 a portion of the 5-year period of validity, the number of 20 continuing professional development units needed to renew the 21 certificate as Valid and Active shall be proportionately 22 reduced by the amount of time the certificate was Valid and 23 Exempt. Furthermore, if a certificate holder is employed and 24 performs teaching services on a part-time basis for all or a 25 portion of the certificate's 5-year period of validity, the 26 number of continuing professional development units needed to 27 renew the certificate as Valid and Active shall be reduced by 28 50% for the amount of time the certificate holder has been 29 employed and performed teaching services on a part-time 30 basis. Part-time shall be defined as less than 50% of the 31 school day or school term. 32 (2) Each Valid and Active Standard Teaching Certificate 33 holder shall develop a certificate renewal plan for 34 satisfying the continuing professional development -14- LRB9203588LBmbam01 1 requirement provided for in subsection (c) of Section 21-2 of 2 this Code. Certificate holders with multiple certificates 3 shall develop a certificate renewal plan that addresses only 4 that certificate or those certificates that are required of 5 his or her certificated teaching position, if the certificate 6 holder is employed and performing services in an Illinois 7 public or State-operated elementary school, secondary school, 8 or cooperative or joint agreement with a governing body or 9 board of control, or that certificate or those certificates 10 most closely related to his or her teaching position, if the 11 certificate holder is employed in a charter school. Except 12 as otherwise provided in this subsection (e), a certificate 13 renewal plan shall include a minimum of 3 individual 14 improvement goals developed by the certificate holder and 15 shall reflect purposes (A), (B), and (C) and may reflect 16 purpose (D) of the following continuing professional 17 development purposes: 18 (A) Advance both the certificate holder's knowledge 19 and skills as a teacher consistent with the Illinois 20 Professional Teaching Standards and the Illinois Content 21 Area Standards in the certificate holder's areas of 22 certification, endorsement, or teaching assignment in 23 order to keep the certificate holder current in those 24 areas. 25 (B) Develop the certificate holder's knowledge and 26 skills in areas determined to be critical for all 27 Illinois teachers, as defined by the State Board of 28 Education, known as "State priorities". 29 (C) Address the knowledge, skills, and goals of the 30 certificate holder's local school improvement plan, if 31 the teacher is employed in an Illinois public or 32 State-operated elementary school, secondary school, or 33 cooperative or joint agreement with a governing body or 34 board of control. -15- LRB9203588LBmbam01 1 (D) Expand knowledge and skills in an additional 2 teaching field or toward the acquisition of another 3 teaching certificate, endorsement, or relevant education 4 degree. 5 A certificate renewal plan must include a description of how 6 these goals are to be achieved and an explanation of selected 7 continuing professional development activities to be 8 completed, each of which must meet one or more of the 9 continuing professional development purposes specified in 10 this paragraph (2). The plan shall identify potential 11 activities and include projected timelines for those 12 activities that will assure completion of the plan before the 13 expiration of the 5-year validity of the Standard Teaching 14 Certificate. Except as otherwise provided in this subsection 15 (e), at least 50% of continuing professional development 16 units must relate to purposes (A) and (B) set forth in this 17 paragraph (2): the advancement of a certificate holder's 18 knowledge and skills as a teacher consistent with the 19 Illinois Professional Teaching Standards and the Illinois 20 Content Area Standards in the certificate holder's areas of 21 certification, endorsement, or teaching assignment in order 22 to keep the certificate holder current in those areas and the 23 development of a certificate holder's knowledge and skills in 24 the State priorities that exist at the time the certificate 25 renewal plan is developed. 26 (3) Continuing professional development activities 27 included in a certificate renewal plan may include, but are 28 not limited to, the following activities: 29 (A) at least 8 semester hours of coursework in an 30 approved education-related program, of which at least 2 31 semester hours relate to the continuing professional 32 development purpose set forth in purpose (A) of paragraph 33 (2) of this subsection (e), provided that such a plan 34 need not include any other continuing professional -16- LRB9203588LBmbam01 1 development activities nor reflect or contain activities 2 related to the other continuing professional development 3 purposes set forth in paragraph (2) of this subsection 4 (e); 5 (B) continuing education units that satisfy the 6 continuing professional development purposes set forth in 7 paragraph (2) of this subsection (e), with each 8 continuing education unit equal to 5 clock hours, 9 provided that a plan that includes at least 24 continuing 10 education units (or 120 clock/contact hours) need not 11 include any other continuing professional development 12 activities; 13 (C) completion of the National Board of 14 Professional Teaching Standards ("NBPTS") process, 15 provided that a plan that includes completion of the 16 NBPTS process need not include any other continuing 17 professional development activities nor reflect or 18 contain activities related to the continuing professional 19 development purposes set forth in paragraph (2) of 20 subsection (e) of this Section; 21 (D) completion of 120 continuing professional 22 development units that satisfy the continuing 23 professional development purposes set forth in paragraph 24 (2) of this subsection (e) and may include without 25 limitation the activities identified in subdivisions (E) 26 through (I) of this paragraph (3); 27 (E) collaboration and partnership activities 28 related to improving the teacher's knowledge and skills 29 as a teacher, including the following: 30 (i) participating on collaborative planning 31 and professional improvement teams and committees; 32 (ii) peer review and coaching; 33 (iii) mentoring in a formal mentoring program, 34 including service as a consulting teacher -17- LRB9203588LBmbam01 1 participating in a remediation process formulated 2 under Section 24A-5 of this Code; 3 (iv) participating in site-based management or 4 decision making teams, relevant committees, boards, 5 or task forces directly related to school 6 improvement plans; 7 (v) coordinating community resources in 8 schools, if the project is a specific goal of the 9 school improvement plan; 10 (vi) facilitating parent education programs 11 for a school, school district, or regional office of 12 education directly related to student achievement or 13 school improvement plans; 14 (vii) participating in business, school, or 15 community partnerships directly related to student 16 achievement or school improvement plans; 17 (viii) supervising a student teacher or 18 teacher education candidate in clinical supervision, 19 provided that the supervision may only be counted 20 once during the course of 5 years; 21 (F) college or university coursework related to 22 improving the teacher's knowledge and skills as a teacher 23 as follows: 24 (i) completing undergraduate or graduate 25 credit earned from a regionally accredited 26 institution in coursework relevant to the 27 certificate area being renewed, provided the 28 coursework meets Illinois Professional Teaching 29 Standards or Illinois Content Area Standards and 30 supports the essential characteristics of quality 31 professional development; or 32 (ii) teaching college or university courses in 33 areas relevant to the certificate area being 34 renewed, provided that the teaching may only be -18- LRB9203588LBmbam01 1 counted once during the course of 5 years; 2 (G) conferences, workshops, institutes, seminars, 3 and symposiums related to improving the teacher's 4 knowledge and skills as a teacher, including the 5 following: 6 (i) completing non-university credit directly 7 related to student achievement, school improvement 8 plans, or State priorities; 9 (ii) participating in or presenting at 10 workshops, seminars, conferences, institutes, and 11 symposiums; 12 (iii) training as external reviewers for 13 Quality Assurance; 14 (iv) training as reviewers of university 15 teacher preparation programs; 16 (H) other educational experiences related to 17 improving the teacher's knowledge and skills as a 18 teacher, including the following: 19 (i) participating in action research and 20 inquiry projects; 21 (ii) observing programs or teaching in 22 schools, related businesses, or industry that is 23 systematic, purposeful, and relevant to certificate 24 renewal; 25 (iii) traveling related to ones teaching 26 assignment, directly related to student achievement 27 or school improvement plans and approved at least 30 28 days prior to the travel experience, provided that 29 the traveling shall not include time spent commuting 30 to destinations where the learning experience will 31 occur; 32 (iv) participating in study groups related to 33 student achievement or school improvement plans; 34 (v) serving on a statewide education-related -19- LRB9203588LBmbam01 1 committee, including but not limited to the State 2 Teacher Certification Board, State Board of 3 Education strategic agenda teams, or the State 4 Advisory Council on Education of Children with 5 Disabilities; 6 (vi) participating in work/learn programs or 7 internships;or8 (I) professional leadership experiences related to 9 improving the teacher's knowledge and skills as a 10 teacher, including the following: 11 (i) participating in curriculum development or 12 assessment activities at the school, school 13 district, regional office of education, State, or 14 national level; 15 (ii) participating in team or department 16 leadership in a school or school district; 17 (iii) participating on external or internal 18 school or school district review teams; 19 (iv) publishing educational articles, columns, 20 or books relevant to the certificate area being 21 renewed; or 22 (v) participating in non-strike related 23 professional association or labor organization 24 service or activities related to professional 25 development; or.26 (J) for speech-language pathologists and 27 audiologists, completion of any continuing education 28 activities approved by the American Speech-Language 29 Hearing Association. 30 (4) A certificate renewal plan must initially be 31 approved by the certificate holder's local professional 32 development committee, as provided for in subsection (f) of 33 this Section. If the local professional development 34 committee does not approve the certificate renewal plan, the -20- LRB9203588LBmbam01 1 certificate holder may appeal that determination to the 2 regional professional development review committee, as 3 provided for in paragraph (2) of subsection (g) of this 4 Section. If the regional professional development review 5 committee disagrees with the local professional development 6 committee's determination, the certificate renewal plan shall 7 be deemed approved and the certificate holder may begin 8 satisfying the continuing professional development activities 9 set forth in the plan. If the regional professional 10 development review committee agrees with the local 11 professional development committee's determination, the 12 certificate renewal plan shall be deemed disapproved and 13 shall be returned to the certificate holder to develop a 14 revised certificate renewal plan. In all cases, the regional 15 professional development review committee shall immediately 16 notify both the local professional development committee and 17 the certificate holder of its determination. 18 (5) A certificate holder who wishes to modify the 19 continuing professional development activities or goals in 20 his or her certificate renewal plan must submit the proposed 21 modifications to his or her local professional development 22 committee for approval prior to engaging in the proposed 23 activities. If the local professional development committee 24 does not approve the proposed modification, the certificate 25 holder may appeal that determination to the regional 26 professional development review committee, as set forth in 27 paragraph (4) of this subsection (e). 28 (6) When a certificate holder changes assignments or 29 school districts during the course of completing a 30 certificate renewal plan, the professional development and 31 continuing education credit earned pursuant to the plan shall 32 transfer to the new assignment or school district and count 33 toward the total requirements. This certificate renewal plan 34 must be reviewed by the appropriate local professional -21- LRB9203588LBmbam01 1 development committee and may be modified to reflect the 2 certificate holder's new work assignment or the school 3 improvement plan of the new school district or school 4 building. 5 (f) Notwithstanding any other provisions of this Code, 6 each school district, charter school, and cooperative or 7 joint agreement with a governing body or board of control 8 that employs certificated staff, shall establish and 9 implement, in conjunction with its exclusive representative, 10 if any, one or more local professional development 11 committees, as set forth in this subsection (f), which shall 12 perform the following functions: 13 (1) review and approve certificate renewal plans 14 and any modifications made to these plans, including 15 transferred plans; 16 (2) maintain a file of approved certificate renewal 17 plans; 18 (3) monitor certificate holders' progress in 19 completing approved certificate renewal plans; 20 (4) assist in the development of professional 21 development plans based upon needs identified in 22 certificate renewal plans; 23 (5) determine whether certificate holders have met 24 the requirements of their certificate renewal plans and 25 notify certificate holders of its determination; 26 (6) provide a certificate holder with the 27 opportunity to address the committee when it has 28 determined that the certificate holder has not met the 29 requirements of his or her certificate renewal plan; 30 (7) issue and forward recommendations for renewal 31 or nonrenewal of certificate holders' Standard Teaching 32 Certificates to the appropriate regional superintendent 33 of schools, based upon whether certificate holders have 34 met the requirements of their approved certificate -22- LRB9203588LBmbam01 1 renewal plans, with 30-day written notice of its 2 recommendation provided to the certificate holder prior 3 to forwarding the recommendation to the regional 4 superintendent of schools, provided that if the local 5 professional development committee's recommendation is 6 for certificate nonrenewal, the written notice provided 7 to the certificate holder shall include a return receipt; 8 and 9 (8) reconsider its recommendation of certificate 10 nonrenewal, upon request of the certificate holder within 11 30 days of receipt of written notification that the local 12 professional development committee will make such a 13 recommendation, and forward to the regional 14 superintendent of schools its recommendation within 30 15 days of receipt of the certificate holder's request. 16 Each local professional development committee shall 17 consist of at least 3 classroom teachers; one superintendent 18 or chief administrator of the school district, charter 19 school, or cooperative or joint agreement or his or her 20 designee; and one at-large member who shall be either (i) a 21 parent, (ii) a member of the business community, (iii) a 22 community member, or (iv) an administrator, with preference 23 given to an individual chosen from among those persons listed 24 in items (i), (ii), and (iii) in order to secure 25 representation of an interest not already represented on the 26 committee. If mutually agreed upon by the school district, 27 charter school, or governing body or board of control of a 28 cooperative or joint agreement and its exclusive 29 representative, if any, additional members may be added to a 30 local professional development committee, provided that a 31 majority of members are classroom teachers. The school 32 district, charter school, or governing body or board of 33 control of a cooperative or joint agreement and its exclusive 34 representative, if any, shall determine the term of service -23- LRB9203588LBmbam01 1 of the members of a local professional development committee. 2 All individuals selected to serve on local professional 3 development committees must be known to demonstrate the best 4 practices in teaching or their respective field of practice. 5 The exclusive representative, if any, shall select the 6 classroom teacher members of the local professional 7 development committee. If no exclusive representative 8 exists, then the classroom teacher members of a local 9 professional development committee shall be selected by the 10 classroom teachers that come within the local professional 11 development committee's authority. The school district, 12 charter school, or governing body or board of control of a 13 cooperative or joint agreement shall select the 2 14 non-classroom teacher members (the superintendent or chief 15 administrator of the school district, charter school, or 16 cooperative or joint agreement or his or her designee and the 17 at-large member) of a local professional development 18 committee. Vacancies in positions on a local professional 19 development committee shall be filled in the same manner as 20 the original selections. The members of a local professional 21 development committee shall select a chairperson. Local 22 professional development committee meetings shall be 23 scheduled so as not to interfere with committee members' 24 regularly scheduled teaching duties, except when otherwise 25 permitted by the policies of or agreed to or approved by the 26 school district, charter school, or governing body or board 27 of control of a cooperative or joint agreement, or its 28 designee. 29 The board of education or governing board shall convene 30 the first meeting of the local professional development 31 committee. All actions taken by the local professional 32 development committee shall require that a majority of 33 committee members be present, and no committee action may be 34 taken unless 50% or more of those present are teacher -24- LRB9203588LBmbam01 1 members. 2 The State Board of Education and the State Teacher 3 Certification Board shall jointly provide local professional 4 development committee members with a training manual, and the 5 members shall certify that they have received and read the 6 manual. 7 Notwithstanding any other provisions of this subsection 8 (f), for a teacher employed and performing services in a 9 nonpublic or State-operated elementary or secondary school, 10 all references to a local professional development committee 11 shall mean the regional superintendent of schools of the 12 regional office of education for the geographic area where 13 the teaching is done. 14 (g)(1) Each regional superintendent of schools shall 15 review and concur or nonconcur with each recommendation for 16 renewal or nonrenewal of a Standard Teaching Certificate he 17 or she receives from a local professional development 18 committee or, if a certificate holder appeals the 19 recommendation to the regional professional development 20 review committee, the recommendation for renewal or 21 nonrenewal he or she receives from a regional professional 22 development review committee and, within 14 days of receipt 23 of the recommendation, shall provide the State Teacher 24 Certification Board with verification of the following, if 25 applicable: 26 (A) a certificate renewal plan was filed and 27 approved by the appropriate local professional 28 development committee; 29 (B) the professional development and continuing 30 education activities set forth in the approved 31 certificate renewal plan have been satisfactorily 32 completed; 33 (C) the local professional development committee 34 has recommended the renewal of the certificate holder's -25- LRB9203588LBmbam01 1 Standard Teaching Certificate and forwarded the 2 recommendation, along with all supporting documentation 3 as jointly required by the State Board of Education and 4 the State Teacher Certification Board, to the regional 5 superintendent of schools; 6 (D) the certificate holder has appealed his or her 7 local professional development committee's recommendation 8 of nonrenewal to the regional professional development 9 review committee and the result of that appeal; 10 (E) the regional superintendent of schools has 11 concurred or nonconcurred with the local professional 12 development committee's or regional professional 13 development review committee's recommendation to renew or 14 nonrenew the certificate holder's Standard Teaching 15 Certificate and made a recommendation to that effect; and 16 (F) the established registration fee for the 17 Standard Teaching Certificate has been paid. 18 At the same time the regional superintendent of schools 19 provides the State Teacher Certification Board with the 20 notice required by this subsection (g), he or she shall also 21 notify the certificate holder in writing that this notice has 22 been provided to the State Teacher Certification Board, 23 provided that if the notice provided by the regional 24 superintendent of schools to the State Teacher Certification 25 Board includes a recommendation of certificate nonrenewal, 26 the written notice provided to the certificate holder shall 27 be by certified mail, return receipt requested. 28 (2) Each certificate holder shall have the right to 29 appeal his or her local professional development committee's 30 recommendation of nonrenewal to the regional professional 31 development review committee, within 14 days of receipt of 32 notice that the recommendation has been sent to the regional 33 superintendent of schools. Each regional superintendent of 34 schools shall establish a regional professional development -26- LRB9203588LBmbam01 1 review committee or committees for the purpose of advising 2 the regional superintendent of schools, upon request, and 3 handling certificate holder appeals. This committee shall 4 consist of at least 4 classroom teachers, one 5 non-administrative certificated educational employee, 2 6 administrators, and one at-large member who shall be either 7 (i) a parent, (ii) a member of the business community, (iii) 8 a community member, or (iv) an administrator, with preference 9 given to an individual chosen from among those persons listed 10 in items (i), (ii), and (iii) in order to secure 11 representation of an interest not already represented on the 12 committee. The teacher and non-administrative certificated 13 educational employee members of the review committee shall be 14 selected by their exclusive representative, if any, and the 15 administrators and at-large member shall be selected by the 16 regional superintendent of schools. A regional 17 superintendent of schools may add additional members to the 18 committee, provided that the same proportion of teachers to 19 administrators and at-large members on the committee is 20 maintained. Any additional teacher and non-administrative 21 certificated educational employee members shall be selected 22 by their exclusive representative, if any. Vacancies in 23 positions on a regional professional development review 24 committee shall be filled in the same manner as the original 25 selections. Committee members shall serve staggered 3-year 26 terms. All individuals selected to serve on regional 27 professional development review committees must be known to 28 demonstrate the best practices in teaching or their 29 respective field of practice. 30 The exclusive representative responsible for choosing the 31 individuals that serve on a regional professional development 32 review committee shall notify each school district, charter 33 school, or governing body or board of control of a 34 cooperative or joint agreement employing the individuals -27- LRB9203588LBmbam01 1 chosen to serve and provide their names to the appropriate 2 regional superintendent of schools. Regional professional 3 development review committee meetings shall be scheduled so 4 as not to interfere with the committee members' regularly 5 scheduled teaching duties, except when otherwise permitted by 6 the policies of or agreed to or approved by the school 7 district, charter school, or governing body or board of 8 control of a cooperative or joint agreement, or its designee, 9 provided that the school district, charter school, or 10 governing body or board of control shall not unreasonably 11 withhold permission for a committee member to attend regional 12 professional development review committee meetings. 13 In a city having a population exceeding 500,000 that does 14 not have a regional office of education, one or more separate 15 regional professional development review committees shall be 16 established as mutually agreed upon by the board of education 17 of the school district organized under Article 34 of this 18 Code and the exclusive representative. The composition of 19 each committee shall be the same as for a regional 20 professional development review committee, except that 21 members of the committee shall be jointly appointed by the 22 board of education and the exclusive representative. All 23 other provisions of this Section concerning regional 24 professional development review committees shall apply to 25 these committees. 26 The regional professional development review committee 27 may require information in addition to that received from a 28 certificate holder's local professional development committee 29 or request that the certificate holder appear before it, 30 shall either concur or nonconcur with a local professional 31 development committee's recommendation of nonrenewal, and 32 shall forward to the regional superintendent of schools its 33 recommendation of renewal or nonrenewal. All actions taken 34 by the regional professional development review committee -28- LRB9203588LBmbam01 1 shall require a quorum and be by a simple majority of those 2 present and voting. A record of all votes shall be 3 maintained. The committee shall have 45 days from receipt of 4 a certificate holder's appeal to make its recommendation to 5 the regional superintendent of schools. 6 The State Board of Education and the State Teacher 7 Certification Board shall jointly provide regional 8 professional development review committee members with a 9 training manual, and the members shall be required to attend 10 one training seminar sponsored jointly by the State Board of 11 Education and the State Teacher Certification Board. 12 (h)(1) The State Teacher Certification Board shall 13 review the regional superintendent of schools' 14 recommendations to renew or nonrenew Standard Teaching 15 Certificates and notify certificate holders in writing 16 whether their certificates have been renewed or nonrenewed 17 within 90 days of receipt of the recommendations, unless a 18 certificate holder has appealed a regional superintendent of 19 schools' recommendation of nonrenewal, as provided in 20 paragraph (2) of this subsection (h). The State Teacher 21 Certification Board shall verify that the certificate holder 22 has met the renewal criteria set forth in paragraph (1) of 23 subsection (g) of this Section. 24 (2) Each certificate holder shall have the right to 25 appeal a regional superintendent of school's recommendation 26 to nonrenew his or her Standard Teaching Certificate to the 27 State Teacher Certification Board, within 14 days of receipt 28 of notice that the decision has been sent to the State 29 Teacher Certification Board, which shall hold an appeal 30 hearing within 60 days of receipt of the appeal. When such 31 an appeal is taken, the certificate holder's Standard 32 Teaching Certificate shall continue to be valid until the 33 appeal is finally determined. The State Teacher 34 Certification Board shall review the regional superintendent -29- LRB9203588LBmbam01 1 of school's recommendation, the regional professional 2 development review committee's recommendation, if any, and 3 the local professional development committee's recommendation 4 and all relevant documentation to verify whether the 5 certificate holder has met the renewal criteria set forth in 6 paragraph (1) of subsection (g) of this Section. The State 7 Teacher Certification Board may request that the certificate 8 holder appear before it. All actions taken by the State 9 Teacher Certification Board shall require a quorum and be by 10 a simple majority of those present and voting. A record of 11 all votes shall be maintained. The State Teacher 12 Certification Board shall notify the certificate holder in 13 writing, within 7 days of completing the review, whether his 14 or her Standard Teaching Certificate has been renewed or 15 nonrenewed, provided that if the State Teacher Certification 16 Board determines to nonrenew a certificate, the written 17 notice provided to the certificate holder shall be by 18 certified mail, return receipt requested. All certificate 19 renewal or nonrenewal decisions of the State Teacher 20 Certification Board are final and subject to administrative 21 review, as set forth in Section 21-24 of this Code. 22 (i) Holders of Master Teaching Certificates shall meet 23 the same requirements and follow the same procedures as 24 holders of Standard Teaching Certificates, except that their 25 renewal cycle shall be as set forth in subsection (d) of 26 Section 21-2 of this Code. 27 (j) Holders of Valid and Exempt Standard and Master 28 Teaching Certificates who are not employed and performing 29 services in an Illinois public or State-operated elementary 30 school, secondary school, or cooperative or joint agreement 31 with a governing body or board of control, in a certificated 32 teaching position, may voluntarily activate their 33 certificates by developing and submitting a certificate 34 renewal plan to the regional superintendent of schools of the -30- LRB9203588LBmbam01 1 regional office of education for the geographic area where 2 their teaching is done, who, or whose designee, shall approve 3 the plan and serve as the certificate holder's local 4 professional development committee. These certificate 5 holders shall follow the same renewal criteria and procedures 6 as all other Standard and Master Teaching Certificate 7 holders, except that their continuing professional 8 development plans shall not be required to reflect or address 9 the knowledge, skills, and goals of a local school 10 improvement plan. 11 (k) Each school district, charter school, or cooperative 12 or joint agreement shall be paid an annual amount of not less 13 than $1,000, as determined by a formula based on the number 14 of Standard Teaching and Master Teaching Certificate holders, 15 subject to renewal and established by rule, not to exceed 16 $1,000,000 annually for all school districts, charter 17 schools, and cooperatives or joint agreements, for 18 administrative costs associated with conducting the meetings 19 of the local professional development committee. Each 20 regional office of education shall receive $2,000 annually to 21 pay school districts, charter schools, or cooperatives or 22 joint agreements for costs, as defined by rule, incurred in 23 staff attendance at regional professional development review 24 committee meetings and the training seminar required under 25 paragraph (2) of subsection (g) of this Section. 26 (l) The State Board of Education and the State Teacher 27 Certification Board shall jointly contract with an 28 independent party to conduct a comprehensive evaluation of 29 the certificate renewal system pursuant to this Section. The 30 first report of this evaluation shall be presented to the 31 General Assembly on January 1, 2005 and on January 1 of every 32 third year thereafter. 33 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 34 90-811, eff. 1-26-99; 91-102, eff. 7-12-99.) -31- LRB9203588LBmbam01 1 Section 10. The Illinois Speech-Language Pathology and 2 Audiology Practice Act is amended by changing Sections 3, 3 3.5, 7, 8, 10, 11, 13, 16, 16.5, 18, 26, 27, 28, 29, 29.5, 4 and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 as follows: 5 (225 ILCS 110/3) (from Ch. 111, par. 7903) 6 Sec. 3. Definitions. The following words and phrases 7 shall have the meaning ascribed to them in this Section 8 unless the context clearly indicates otherwise: 9 (a) "Department" means the Department of Professional 10 Regulation. 11 (b) "Director" means the Director of Professional 12 Regulation. 13 (c) "Board" means the Board of Speech-Language Pathology 14 and Audiology established under Section 5 of this Act. 15 (d) "Speech-Language Pathologist" means a person who has 16 received a license pursuant to this Act and who engages in 17 the practice of speech-language pathology. 18 (e) "Audiologist" means a person who has received a 19 license pursuant to this Act and who engages in the practice 20 of audiology. 21 (f) "Public member" means a person who is not a health 22 professional. For purposes of board membership, any person 23 with a significant financial interest in a health service or 24 profession is not a public member. 25 (g) "The practice of audiology" is the application of 26 nonmedical methods and procedures for the identification, 27 measurement, testing, appraisal, prediction, habilitation, 28 rehabilitation, or instruction related to hearing and 29 disorders of hearing. These procedures are for the purpose 30 of counseling, consulting and rendering or offering to render 31 services or for participating in the planning, directing or 32 conducting of programs that are designed to modify 33 communicative disorders involving speech, language or -32- LRB9203588LBmbam01 1 auditory function related to hearing loss. The practice of 2 audiology may include, but shall not be limited to, the 3 following: 4 (1) any task, procedure, act, or practice that is 5 necessary for the evaluation of hearing or vestibular 6 function; 7 (2) training in the use of amplification, including 8 hearing aids; 9 (3) performing basic speech and language screening 10 tests and procedures consistent with audiology training. 11 (h) "The practice of speech-language pathology" is the 12 application of nonmedical methods and procedures for the 13 identification, measurement, testing, appraisal, prediction, 14 habilitation, rehabilitation, and modification related to 15 communication development, and disorders or disabilities of 16 speech, language, voice, swallowing, and other speech, 17 language and voice related disorders. These procedures are 18 for the purpose of counseling, consulting and rendering or 19 offering to render services, or for participating in the 20 planning, directing or conducting of programs that are 21 designed to modify communicative disorders and conditions in 22 individuals or groups of individuals involving speech, 23 language, voice and swallowing function. 24 "The practice of speech-language pathology" shall 25 include, but shall not be limited to, the following: 26 (1) hearing screening tests and aural 27 rehabilitation procedures consistent with speech-language 28 pathology training; 29 (2) tasks, procedures, acts or practices that are 30 necessary for the evaluation of, and training in the use 31 of, augmentative communication systems, communication 32 variation, cognitive rehabilitation, non-spoken language 33 production and comprehension. 34 (i) "Speech-language pathology assistant" means a person -33- LRB9203588LBmbam01 1 who has received a license pursuant to this Act to assist a 2 speech-language pathologist in the manner provided in this 3 Act. 4 (Source: P.A. 90-69, eff. 7-8-97.) 5 (225 ILCS 110/3.5) 6 Sec. 3.5. Exemptions. This Act does not prohibit: 7 (a) The practice of speech-language pathology or 8 audiology by students in their course of study in 9 programs approved by the Department when acting under the 10 direction and supervision of licensed speech-language 11 pathologists or audiologists. 12 (b) The performance of any speech-language 13 pathology service by a speech-language pathology 14 assistantan appropriately trained personif such service 15 is performed under the supervision and full 16 responsibility of a licensed speech-language pathologist. 17 A speech language pathology assistant may perform only 18 those duties authorized by Section 8.7 under the 19 supervision of a speech-language pathologist as provided 20 in Section 8.8. 21 (b-5) The performance of an audiology service by an 22 appropriately trained person if that service is performed 23 under the supervision and full responsibility of a 24 licensed audiologist. 25 (c) The performance of audiometric testing for the 26 purpose of industrial hearing conservation by an 27 audiometric technician certified by the Council of 28 Accreditation for Occupational Hearing Conservation 29 (CAOHC). 30 (d) The performance of an audiometric screening by 31 an audiometric screenings technician certified by the 32 Department of Public Health. 33 (e) The selling or practice of fitting, dispensing, -34- LRB9203588LBmbam01 1 or servicing hearing instruments by a hearing instrument 2 dispenser licensed under the Hearing Instrument Consumer 3 Protection Act. 4 (f) A person licensed in this State under any other 5 Act from engaging in the practice for which he or she is 6 licensed. 7 (g) The performance of vestibular function testing 8 by an appropriately trained person under the supervision 9 of a physician licensed to practice medicine in all its 10 branches. 11 (Source: P.A. 90-69, eff. 7-8-97.) 12 (225 ILCS 110/7) (from Ch. 111, par. 7907) 13 Sec. 7. Licensure requirement. On or after June 1, 1989, 14 no person shall practice speech-language pathology or 15 audiology without first applying for and obtaining a license 16 for such purpose from the Department. Except as provided in 17 this Section, on or after January 1, 2002, no person shall 18 perform the functions and duties of a speech-language 19 pathology assistant without first applying for and obtaining 20 a license for that purpose from the Department. Before 21 January 1, 2004, however, any person holding a bachelor's 22 degree in communication disorders may perform the functions 23 and duties of a speech-language pathology assistant without 24 obtaining a license. 25 (Source: P.A. 90-69, eff. 7-8-97.) 26 (225 ILCS 110/8) (from Ch. 111, par. 7908) 27 Sec. 8. Qualifications for licenses to practice 28 speech-language pathology or audiology. The Department shall 29 require that each applicant for a license to practice 30 speech-language pathology or audiology shall: 31 (a) (Blank); 32 (b) be at least 21 years of age; -35- LRB9203588LBmbam01 1 (c) not have violated any provisions of Section 16 2 of this Act; 3 (d) present satisfactory evidence of receiving a 4 master's degree in speech-language pathology or audiology 5 from a program approved by the Department. Nothing in 6 this Act shall be construed to prevent any program from 7 establishing higher standards than specified in this Act; 8 (e) pass an examination authorized by the 9 Department in the theory and practice of the profession, 10 provided that the Department may recognize a certificate 11 granted by the American Speech-Language-Hearing 12 Association in lieu of such examination; and 13 (f) have completed the equivalent of 9 months of 14 full-time, supervised professional experience. 15 Applicants have 3 years from the date of application to 16 complete the application process. If the process has not been 17 completed within 3 years, the application shall be denied, 18 the fee shall be forfeited, and the applicant must reapply 19 and meet the requirements in effect at the time of 20 reapplication. 21 (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.) 22 (225 ILCS 110/8.5 new) 23 Sec. 8.5. Qualifications for licenses as a 24 speech-language pathology assistant. A person is qualified 25 to be licensed as a speech-language pathology assistant if 26 that person has applied in writing on forms prescribed by the 27 Department, has paid the required fees, and meets both of the 28 following criteria: 29 (1) Is of good moral character. In determining 30 moral character, the Department may take into 31 consideration any felony conviction of the applicant, but 32 such a conviction shall not operate automatically as a 33 complete bar to licensure. -36- LRB9203588LBmbam01 1 (2) Has received an associate degree from a 2 speech-language pathology assistant program that has been 3 approved by the Department and that meets the minimum 4 requirements set forth in Section 8.6. 5 (225 ILCS 110/8.6 new) 6 Sec. 8.6. Minimum Requirements for Speech-language 7 pathology assistant programs. 8 (a) An applicant for licensure as a speech-language 9 pathology assistant must have earned 60 semester credit hours 10 in a program of study that includes general education and the 11 specific knowledge and skills for a speech-language pathology 12 assistant. The curriculum of a speech-language pathology 13 assistant program must include all of the following content, 14 as further provided by rule promulgated by the Department: 15 (1) Thirty-six semester credit hours in general 16 education. 17 (2) Twenty-four semester credit hours in technical 18 content areas designed to provide students with knowledge 19 and skills required for speech-language pathology 20 assistants, which must include (i) an overview of normal 21 processes of communication; (ii) an overview of 22 communication disorders; (iii) instruction in 23 speech-language pathology assistant-level service 24 delivery practices; (iv) instruction in workplace 25 behaviors; (v) cultural and linguistic factors in 26 communication; and (vi) observation. 27 (3) Completion of at least 100 hours of supervised 28 field work experiences supervised by a licensed 29 speech-language pathologist at least 50% of the time when 30 the student is engaged in contact with the patient or 31 client. An applicant must obtain written verification 32 demonstrating successful completion of the required field 33 work experience, including a description of the setting -37- LRB9203588LBmbam01 1 in which the training was received and an assessment of 2 the student's technical proficiency. 3 (b) The Department may promulgate rules that change the 4 curriculum requirements of subsection (a) in order to reflect 5 the guidelines for speech-language pathology assistant 6 programs recommended by the American Speech-Language Hearing 7 Association. 8 (225 ILCS 110/8.7 new) 9 Sec. 8.7. Duties of speech-language pathology 10 assistants. 11 (a) The scope of responsibility of speech-language 12 pathology assistants shall be limited to supplementing the 13 role of a speech-language pathologist in implementing the 14 treatment program established by the speech-language 15 pathologist. The functions and duties of a speech-language 16 pathology assistant shall be: 17 (1) conducting speech-language screening, without 18 interpretation, and using screening protocols developed 19 by the supervising speech-language pathologist; 20 (2) providing direct treatment assistance to 21 patients or clients, if authorized by and under the 22 supervision of a speech-language pathologist; 23 (3) following and implementing documented treatment 24 plans or protocols developed by a supervising 25 speech-language pathologist; 26 (4) documenting patient or client progress toward 27 meeting established objectives and reporting the 28 information to a supervising speech-language pathologist; 29 (5) assisting a speech-language pathologist during 30 assessments, including, but not limited to, assisting 31 with formal documentation, preparing materials, and 32 performing clerical duties for a supervising 33 speech-language pathologist; -38- LRB9203588LBmbam01 1 (6) acting as an interpreter for non-English 2 speaking patients or clients and their family members 3 when competent to do so; 4 (7) scheduling activities and preparing charts, 5 records, graphs, and data; 6 (8) performing checks and maintenance of equipment, 7 including, but not limited to, augmentative communication 8 devices; and 9 (9) assisting with speech-language pathology 10 research projects, in-service training, and family or 11 community education; 12 (b) A speech-language pathology assistant may not: 13 (1) perform standardized or nonstandardized 14 diagnostic tests or formal or informal evaluations or 15 interpret test results; 16 (2) screen or diagnose patients or clients for 17 feeding or swallowing disorders; 18 (3) participate in parent conferences, case 19 conferences, or any interdisciplinary team without the 20 presence of the supervising speech-language pathologist; 21 (4) provide patient or client or family counseling; 22 (5) write, develop, or modify a patient's or 23 client's individualized treatment plan; 24 (6) assist with patients or clients without 25 following the individualized treatment plan prepared by 26 the supervising speech-language pathologist; 27 (7) sign any formal documents such as treatment 28 plans, reimbursement forms, or reports; 29 (8) select patients or clients for services; 30 (9) discharge a patient or client from services; 31 (10) disclose clinical or confidential information, 32 either orally or in writing, to anyone other than the 33 supervising speech-language pathologist; 34 (11) make referrals for additional services; -39- LRB9203588LBmbam01 1 (12) counsel or consult with the patient or client, 2 family, or others regarding the patient's or client's 3 status or service; 4 (13) represent himself or herself to be a 5 speech-language pathologist; 6 (14) use a checklist or tabulate results of feeding 7 or swallowing evaluations; or 8 (15) demonstrate swallowing strategies or 9 precautions to patients, family, or staff. 10 (225 ILCS 110/8.8 new) 11 Sec. 8.8. Supervision of speech-language pathology 12 assistants. 13 (a) A speech-language pathology assistant shall practice 14 only under the supervision of a speech-language pathologist 15 who has at least 2 years experience in addition to the 16 supervised professional experience required under subsection 17 (f) of Section 8 of this Act. A speech-language pathologist 18 who supervises a speech-language pathology assistant must 19 have completed at least 10 clock hours of training in the 20 supervision of speech-language pathology assistants. The 21 Department shall promulgate rules describing the supervision 22 training requirements. The rules may allow a speech-language 23 pathologist to apply to the Board for an exemption from this 24 training requirement based upon prior supervisory experience. 25 (b) A speech-language pathology assistant must be under 26 the direct supervision of a speech-language pathologist at 27 least 30% of the speech-language pathology assistant's actual 28 patient or client contact time per patient or client during 29 the first 90 days of initial employment as a speech-language 30 pathology assistant. Thereafter, a speech-language pathology 31 assistant must be under the direct supervision of a 32 speech-language pathologist at least 20% of the 33 speech-language pathology assistant's actual patient or -40- LRB9203588LBmbam01 1 client contact time per patient or client. Supervision of a 2 speech-language pathology assistant beyond the minimum 3 requirements of this subsection may be imposed at the 4 discretion of the supervising speech-language pathologist. 5 A supervising speech-language pathologist must be available 6 to communicate with a speech-language pathology assistant 7 whenever the assistant is in contact with a patient or 8 client. 9 (c) A speech-language pathologist that supervises a 10 speech-language pathology assistant must document direct 11 supervision activities. At a minimum, supervision 12 documentation must provide (i) information regarding the 13 quality of the speech-language pathology assistant's 14 performance of assigned duties, and (ii) verification that 15 clinical activity is limited to duties specified in Section 16 8.7. 17 (d) A full-time speech-language pathologist may 18 supervise no more than 2 speech-language pathology 19 assistants. A speech-language pathologist that does not work 20 full-time may supervise no more than one speech-language 21 pathology assistant. 22 (e) For purposes of this Section, "direct supervision" 23 means on-site, in-view observation and guidance by a 24 speech-language pathologist while an assigned activity is 25 performed by the speech-language pathology assistant. 26 (225 ILCS 110/10) (from Ch. 111, par. 7910) 27 Sec. 10. List of Speech-Language Pathologists and 28 Audiologists. The Department shall maintain a list of the 29 names and addresses of the speech-language pathologists, 30 speech-language pathology assistants, and audiologists. Such 31 lists shall also be mailed by the Department to any person 32 upon request and payment of the required fee. 33 (Source: P.A. 85-1391.) -41- LRB9203588LBmbam01 1 (225 ILCS 110/11) (from Ch. 111, par. 7911) 2 Sec. 11. Expiration, renewal and restoration of 3 licenses. 4 (a) The expiration date and renewal period for each 5 license issued under this Act shall be set by rule. A 6 speech-language pathologist, speech-language pathology 7 assistant, or audiologist may renew such license during the 8 month preceding the expiration date thereof by paying the 9 required fee. 10 (a-5) All renewal applicants shall provide proof of 11 having met the continuing education requirements set forth in 12 the rules of the Department. At a minimum, the rules shall 13 require a renewal applicant for licensure as a 14 speech-language pathologist or audiologist to provide proof 15 of completing at least 20 clock hours of continuing education 16 during the 2-year licensing cycle for which he or she is 17 currently licensed. An audiologist who has met the continuing 18 education requirements of the Hearing Instrument Consumer 19 Protection Act during an equivalent licensing cycle under 20 this Act shall be deemed to have met the continuing education 21 requirements of this Act. At a minimum, the rules shall 22 require a renewal applicant for licensure as a 23 speech-language pathology assistant to provide proof of 24 completing at least 10 clock hours of continuing education 25 during the 2-year period for which he or she currently holds 26 a license. The Department shall provide by rule for an 27 orderly process for the reinstatement of licenses that have 28 not been renewed for failure to meet the continuing education 29 requirements. The continuing education requirements may be 30 waived in cases of extreme hardship as defined by rule of the 31 Department. 32 The Department shall establish by rule a means for the 33 verification of completion of the continuing education 34 required by this Section. This verification may be -42- LRB9203588LBmbam01 1 accomplished through audits of records maintained by 2 licensees, by requiring the filing of continuing education 3 certificates with the Department, or by other means 4 established by the Department. 5 (b) Inactive status. 6 (1) Any licensee who notifies the Department in 7 writing on forms prescribed by the Department may elect 8 to place his or her license on an inactive status and 9 shall, subject to rules of the Department, be excused 10 from payment of renewal fees until he or she notifies the 11 Department in writing of his or her desire to resume 12 active status. 13 (2) Any licensee requesting restoration from 14 inactive status shall be required to (i) pay the current 15 renewal fee; and (ii) demonstrate that he or she has 16 obtained the equivalent of 20 hours of continuing 17 education if the licensee has been inactive for 5 years 18 or more. 19 (3) Any licensee whose license is in an inactive 20 status shall not practice in the State of Illinois 21 without first restoring his or her license. 22 (4) Any licensee who shall engage in the practice 23 while the license is lapsed or inactive shall be 24 considered to be practicing without a license which shall 25 be grounds for discipline under Section 16 of this Act. 26 (c) Any speech-language pathologist, speech-language 27 pathology assistant, or audiologist whose license has expired 28 may have his or her license restored at any time within 5 29 years after the expiration thereof, upon payment of the 30 required fee. 31 (d) Any person whose license has been expired for 5 32 years or more may have his or her license restored by making 33 application to the Department and filing proof acceptable to 34 the Department of his or her fitness to have his or her -43- LRB9203588LBmbam01 1 license restored, including sworn evidence certifying to 2 active lawful practice in another jurisdiction, and by paying 3 the required restoration fee. A person practicing on an 4 expired license is deemed to be practicing without a license. 5 (e) If a person whose license has expired has not 6 maintained active practice in another jurisdiction, the 7 Department shall determine, by an evaluation process 8 established by rule, his or her fitness to resume active 9 status and may require the person to complete a period of 10 evaluated clinical experience, and may require successful 11 completion of an examination. 12 (f) Any person whose license has expired while he or she 13 has been engaged (1) in federal or State service on active 14 duty, or (2) in training or education under the supervision 15 of the United States preliminary to induction into the 16 military service, may have his or her license restored 17 without paying any lapsed renewal or restoration fee, if 18 within 2 years after termination of such service, training or 19 education he or she furnishes the Department with 20 satisfactory proof that he or she has been so engaged and 21 that his or her service, training or education has been so 22 terminated. 23 (Source: P.A. 90-69, eff. 7-8-97.) 24 (225 ILCS 110/13) (from Ch. 111, par. 7913) 25 Sec. 13. Licensing applicants from other States. 26 Upon payment of the required fee, an applicant who is a 27 speech-language pathologist, speech-language pathology 28 assistant, or audiologist licensed under the laws of another 29 state or territory of the United States, shall without 30 examination be granted a license as a speech-language 31 pathologist, speech-language pathology assistant, or 32 audiologist by the Department: 33 (a) whenever the requirements of such state or territory -44- LRB9203588LBmbam01 1 of the United States were at the date of licensure 2 substantially equal to the requirements then in force in this 3 State; or 4 (b) whenever such requirements of another state or 5 territory of the United States together with educational and 6 professional qualifications, as distinguished from practical 7 experience, of the applicant since obtaining a license as 8 speech-language pathologist, speech-language pathology 9 assistant, or audiologist in such state or territory of the 10 United States are substantially equal to the requirements in 11 force in Illinois at the time of application for licensure as 12 a speech-language pathologist, speech-language pathology 13 assistant, or audiologist. 14 Applicants have 3 years from the date of application to 15 complete the application process. If the process has not been 16 completed within 3 years, the application shall be denied, 17 the fee shall be forfeited, and the applicant must reapply 18 and meet the requirements in effect at the time of 19 reapplication. 20 (Source: P.A. 90-69, eff. 7-8-97.) 21 (225 ILCS 110/16) (from Ch. 111, par. 7916) 22 Sec. 16. Refusal, revocation or suspension of licenses. 23 (1) The Department may refuse to issue or renew, or may 24 revoke, suspend, place on probation, censure, reprimand or 25 take other disciplinary action as the Department may deem 26 proper, including fines not to exceed $5,000 for each 27 violation, with regard to any license for any one or 28 combination of the following causes: 29 (a) Fraud in procuring the license. 30 (b) Habitual intoxication or addiction to the use 31 of drugs. 32 (c) Willful or repeated violations of the rules of 33 the Department of Public Health. -45- LRB9203588LBmbam01 1 (d) Division of fees or agreeing to split or divide 2 the fees received for speech-language pathology or 3 audiology services with any person for referring an 4 individual, or assisting in the care or treatment of an 5 individual, without the knowledge of the individual or 6 his or her legal representative. 7 (e) Employing, procuring, inducing, aiding or 8 abetting a person not licensed as a speech-language 9 pathologist or audiologist to engage in the unauthorized 10 practice of speech-language pathology or audiology. 11 (e-5) Employing, procuring, inducing, aiding, or 12 abetting a person not licensed as a speech-language 13 pathology assistant to perform the functions and duties 14 of a speech-language pathology assistant. 15 (f) Making any misrepresentations or false 16 promises, directly or indirectly, to influence, persuade 17 or induce patronage. 18 (g) Professional connection or association with, or 19 lending his or her name to another for the illegal 20 practice of speech-language pathology or audiology by 21 another, or professional connection or association with 22 any person, firm or corporation holding itself out in any 23 manner contrary to this Act. 24 (h) Obtaining or seeking to obtain checks, money, 25 or any other things of value by false or fraudulent 26 representations, including but not limited to, engaging 27 in such fraudulent practice to defraud the medical 28 assistance program of the Department of Public Aid. 29 (i) Practicing under a name other than his or her 30 own. 31 (j) Improper, unprofessional or dishonorable 32 conduct of a character likely to deceive, defraud or harm 33 the public. 34 (k) Conviction in this or another state of any -46- LRB9203588LBmbam01 1 crime which is a felony under the laws of this State or 2 conviction of a felony in a federal court, if the 3 Department determines, after investigation, that such 4 person has not been sufficiently rehabilitated to warrant 5 the public trust. 6 (1) Permitting a person under his or her 7 supervision to perform any function not authorized by 8 this Act. 9 (m) A violation of any provision of this Act or 10 rules promulgated thereunder. 11 (n) Revocation by another state, the District of 12 Columbia, territory, or foreign nation of a license to 13 practice speech-language pathology or audiology or a 14 license to practice as a speech-language pathology 15 assistant in its jurisdiction if at least one of the 16 grounds for that revocation is the same as or the 17 equivalent of one of the grounds for revocation set forth 18 herein. 19 (o) Willfully failing to report an instance of 20 suspected child abuse or neglect as required by the 21 Abused and Neglected Child Reporting Act. 22 (p) Gross or repeated malpractice resulting in 23 injury or death of an individual. 24 (q) Willfully making or filing false records or 25 reports in his or her practice as a speech-language 26 pathologist, speech-language pathology assistant, or 27 audiologist, including, but not limited to, false records 28 to support claims against the public assistance program 29 of the Illinois Department of Public Aid. 30 (r) Professional incompetence as manifested by poor 31 standards of care or mental incompetence as declared by a 32 court of competent jurisdiction. 33 (s) Repeated irregularities in billing a third 34 party for services rendered to an individual. For -47- LRB9203588LBmbam01 1 purposes of this Section, "irregularities in billing" 2 shall include: 3 (i) reporting excessive charges for the 4 purpose of obtaining a total payment in excess of 5 that usually received by the speech-language 6 pathologist, speech-language pathology assistant, or 7 audiologist for the services rendered; 8 (ii) reporting charges for services not 9 rendered; or 10 (iii) incorrectly reporting services rendered 11 for the purpose of obtaining payment not earned. 12 (t) (Blank). 13 (u) Violation of the Health Care Worker 14 Self-Referral Act. 15 (v) Physical illness, including but not limited to 16 deterioration through the aging process or loss of motor 17 skill, mental illness, or disability that results in the 18 inability to practice the profession with reasonable 19 judgment, skill, or safety. 20 (w) Violation of the Hearing Instrument Consumer 21 Protection Act. 22 (x) Failure by a speech-language pathology assistant 23 and supervising speech-language pathologist to comply 24 with the supervision requirements set forth in Section 25 8.8. 26 (y) Wilfully exceeding the scope of duties 27 customarily undertaken by speech-language pathology 28 assistants set forth in Section 8.7 that results in, or 29 may result in, harm to the public. 30 (2) The Department shall deny a license or renewal 31 authorized by this Act to any person who has defaulted on an 32 educational loan guaranteed by the Illinois State Scholarship 33 Commission; however, the Department may issue a license or 34 renewal if the aforementioned persons have established a -48- LRB9203588LBmbam01 1 satisfactory repayment record as determined by the Illinois 2 State Scholarship Commission. 3 (3) The entry of an order by a circuit court 4 establishing that any person holding a license under this Act 5 is subject to involuntary admission or judicial admission as 6 provided for in the Mental Health and Developmental 7 Disabilities Code, operates as an automatic suspension of 8 that license. That person may have his or her license 9 restored only upon the determination by a circuit court that 10 the patient is no longer subject to involuntary admission or 11 judicial admission and the issuance of an order so finding 12 and discharging the patient, and upon the Board's 13 recommendation to the Department that the license be 14 restored. Where the circumstances so indicate, the Board may 15 recommend to the Department that it require an examination 16 prior to restoring any license automatically suspended under 17 this subsection. 18 (4) The Department may refuse to issue or may suspend 19 the license of any person who fails to file a return, or to 20 pay the tax, penalty, or interest shown in a filed return, or 21 to pay any final assessment of the tax penalty or interest, 22 as required by any tax Act administered by the Department of 23 Revenue, until such time as the requirements of any such tax 24 Act are satisfied. 25 (5) In enforcing this Section, the Board upon a showing 26 of a possible violation may compel an individual licensed to 27 practice under this Act, or who has applied for licensure 28 pursuant to this Act, to submit to a mental or physical 29 examination, or both, as required by and at the expense of 30 the Department. The examining physicians or clinical 31 psychologists shall be those specifically designated by the 32 Board. The individual to be examined may have, at his or her 33 own expense, another physician or clinical psychologist of 34 his or her choice present during all aspects of this -49- LRB9203588LBmbam01 1 examination. Failure of any individual to submit to a mental 2 or physical examination, when directed, shall be grounds for 3 suspension of his or her license until the individual submits 4 to the examination if the Board finds, after notice and 5 hearing, that the refusal to submit to the examination was 6 without reasonable cause. 7 If the Board finds an individual unable to practice 8 because of the reasons set forth in this Section, the Board 9 may require that individual to submit to care, counseling, or 10 treatment by physicians or clinical psychologists approved or 11 designated by the Board, as a condition, term, or restriction 12 for continued, reinstated, or renewed licensure to practice; 13 or, in lieu of care, counseling, or treatment, the Board may 14 recommend to the Department to file a complaint to 15 immediately suspend, revoke, or otherwise discipline the 16 license of the individual. Any individual whose license was 17 granted, continued, reinstated, renewed, disciplined or 18 supervised subject to such terms, conditions, or 19 restrictions, and who fails to comply with such terms, 20 conditions, or restrictions, shall be referred to the 21 Director for a determination as to whether the individual 22 shall have his or her license suspended immediately, pending 23 a hearing by the Board. 24 In instances in which the Director immediately suspends a 25 person's license under this Section, a hearing on that 26 person's license must be convened by the Board within 15 days 27 after the suspension and completed without appreciable delay. 28 The Board shall have the authority to review the subject 29 individual's record of treatment and counseling regarding the 30 impairment to the extent permitted by applicable federal 31 statutes and regulations safeguarding the confidentiality of 32 medical records. 33 An individual licensed under this Act and affected under 34 this Section shall be afforded an opportunity to demonstrate -50- LRB9203588LBmbam01 1 to the Board that he or she can resume practice in compliance 2 with acceptable and prevailing standards under the provisions 3 of his or her license. 4 (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.) 5 (225 ILCS 110/16.5) 6 Sec. 16.5. Advertising. A person licensed under this Act 7 as a speech-language pathologist or audiologist may advertise 8 the availability of professional services in the public media 9 or on the premises where such professional services are 10 rendered as permitted by law, provided the advertising is 11 truthful and not misleading or deceptive. The Department may 12 adopt rules consistent with this Section. 13 (Source: P.A. 90-69, eff. 7-8-97.) 14 (225 ILCS 110/18) (from Ch. 111, par. 7918) 15 Sec. 18. Disciplinary actions. 16 (a) In case the licensee, after receiving notice, fails 17 to file an answer, his or her license may, in the discretion 18 of the Director, having first received the recommendation of 19 the Board, be suspended, revoked, placed on probationary 20 status or the Director may take whatever disciplinary action 21 he or she may deem proper, including limiting the scope, 22 nature, or extent of the person's practice or the imposition 23 of a fine, without a hearing, if the act or acts charged 24 constitute sufficient grounds for such action under this Act. 25 (b) The Director may temporarily suspend the license of 26 a speech-language pathologist, speech-language pathology 27 assistant, or audiologist without a hearing, simultaneous to 28 the institution of proceedings for a hearing under this Act, 29 if the Director finds that evidence in his or her possession 30 indicates that a speech-language pathologist's, 31 speech-language pathology assistant's, or an audiologist's 32 continuation in practice would constitute an immediate danger -51- LRB9203588LBmbam01 1 to the public. In the event that the Director temporarily 2 suspends the license of a speech-language pathologist, 3 speech-language pathology assistant, or audiologist without a 4 hearing, a hearing by the Board must be held within 15 days 5 after such suspension has occurred and concluded without 6 appreciable delay. 7 (Source: P.A. 90-69, eff. 7-8-97.) 8 (225 ILCS 110/26) (from Ch. 111, par. 7926) 9 Sec. 26. Confidential Information - Disclosure. In all 10 hearings conducted under this Act, information received, 11 pursuant to law, relating to any information acquired by a 12 speech-language pathologist, speech-language pathology 13 assistant, or audiologist in serving any individual in a 14 professional capacity, and necessary to professionally serve 15 such individual, shall be deemed strictly confidential and 16 shall only be made available, either as part of the record of 17 a hearing hereunder or otherwise; 18 (a) when such record is required, in its entirety, for 19 purposes of judicial review pursuant to this Act; or 20 (b) upon the express, written consent of the individual 21 served, or in the case of his or her death or disability, the 22 consent of his or her personal representative. 23 (Source: P.A. 85-1391.) 24 (225 ILCS 110/27) (from Ch. 111, par. 7927) 25 Sec. 27. Reports of Violations. Any person licensed 26 under this Act, or any other person, may report to the 27 Department any information such person may have which appears 28 to show that a speech-language pathologist, speech-language 29 pathology assistant, or audiologist is or may be in violation 30 of any of the provisions of this Act. 31 (Source: P.A. 85-1391.) -52- LRB9203588LBmbam01 1 (225 ILCS 110/28) (from Ch. 111, par. 7928) 2 Sec. 28. Injunction. The practice of speech-language 3 pathology or audiology by any person not holding a valid and 4 current license under this Act or a person performing the 5 functions and duties of a speech-language pathology assistant 6 without a valid and current license under this Act, is 7 declared to be inimical to the public welfare, to constitute 8 a public nuisance, and to cause irreparable harm to the 9 public welfare. The Director, the Attorney General, the 10 State's attorney of any county in the State or any person may 11 maintain an action in the name of the People of the State of 12 Illinois, and may apply for an injunction in any circuit 13 court to enjoin any such person from engaging in such 14 practice. Upon the filing of a verified petition in such 15 court, the court or any judge thereof, if satisfied by 16 affidavit, or otherwise, that such person has been engaged in 17 such practice without a valid and current license, may issue 18 a temporary injunction without notice or bond, enjoining the 19 defendant from any such further practice. Only the showing of 20 nonlicensure, by affidavit or otherwise, is necessary in 21 order for a temporary injunction to issue. A copy of the 22 verified complaint shall be served upon the defendant and the 23 proceedings shall thereafter be conducted as in other civil 24 cases except as modified by this Section. If it is 25 established that the defendant has been, or is engaged in any 26 such unlawful practice, the court, or any judge thereof, may 27 enter an order or judgment perpetually enjoining the 28 defendant from further such practice. In all proceedings 29 hereunder, the court, in its discretion, may apportion the 30 costs among the parties interested in the suit, including 31 cost of filing the complaint, service of process, witness 32 fees and expenses, court reporter charges and reasonable 33 attorneys' fees. In case of violation of any injunction 34 issued under the provisions of this Section, the court or any -53- LRB9203588LBmbam01 1 judge thereof may summarily try and punish the offender for 2 contempt of court. Such injunction proceedings shall be in 3 addition to, and not in lieu of, all penalties and other 4 remedies provided in this Act. 5 (Source: P.A. 90-69, eff. 7-8-97.) 6 (225 ILCS 110/29) (from Ch. 111, par. 7929) 7 Sec. 29. Penalty of unlawful practice - second and 8 subsequent offenses. Any person who practices or offers to 9 practice speech-language pathology or audiology or performs 10 the functions and duties of a speech-language pathology 11 assistant in this State without being licensed for that 12 purpose, or whose license has been suspended or revoked, or 13 who violates any of the provisions of this Act, for which no 14 specific penalty has been provided herein, is guilty of a 15 Class A misdemeanor. 16 Any person who has been previously convicted under any of 17 the provisions of this Act and who subsequently violates any 18 of the provisions of this Act is guilty of a Class 4 felony. 19 In addition, whenever any person is punished as a subsequent 20 offender under this Section, the Director shall proceed to 21 obtain a permanent injunction against such person under 22 Section 29 of this Act. 23 (Source: P.A. 85-1391.) 24 (225 ILCS 110/29.5) 25 Sec. 29.5. Unlicensed practice; civil penalty. 26 (a) Any person who practices, offers to practice, 27 attempts to practice, or holds oneself out to practice 28 speech-language pathology or audiology or performs the 29 functions and duties of a speech-language pathology assistant 30 without being licensed under this Act shall, in addition to 31 any other penalty provided by law, pay a civil penalty to the 32 Department in an amount not to exceed $5,000 for each offense -54- LRB9203588LBmbam01 1 as determined by the Department. The civil penalty shall be 2 assessed by the Department after a hearing is held in 3 accordance with the provisions set forth in this Act 4 regarding the provision of a hearing for the discipline of a 5 licensee. 6 (b) The Department has the authority and power to 7 investigate any and all unlicensed activity. 8 (c) The civil penalty shall be paid within 60 days after 9 the effective date of the order imposing the civil penalty. 10 The order shall constitute a judgment and may be filed and 11 execution had thereon in the same manner as any judgment from 12 any court of record. 13 (Source: P.A. 90-69, eff. 7-8-97.) 14 (225 ILCS 110/31a) 15 Sec. 31a. Advertising services. A speech-language 16 pathologist or audiologistlicenseeshall include in every 17 advertisement for services regulated under this Act his or 18 her title as it appears on the license or the initials 19 authorized under this Act. 20 (Source: P.A. 91-310, eff. 1-1-00.)".