Illinois General Assembly - Full Text of Public Act 096-0719
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Public Act 096-0719


 

Public Act 0719 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0719
 
SB1483 Enrolled LRB096 07510 ASK 17603 b

    AN ACT concerning professional regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Section 3 and by
adding Section 9.3 as follows:
 
    (225 ILCS 110/3)  (from Ch. 111, par. 7903)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3. Definitions. The following words and phrases shall
have the meaning ascribed to them in this Section unless the
context clearly indicates otherwise:
    (a) "Department" means the Department of Financial and
Professional Regulation.
    (b) "Secretary" means the Secretary of Financial and
Professional Regulation.
    (c) "Board" means the Board of Speech-Language Pathology
and Audiology established under Section 5 of this Act.
    (d) "Speech-Language Pathologist" means a person who has
received a license pursuant to this Act and who engages in the
practice of speech-language pathology.
    (e) "Audiologist" means a person who has received a license
pursuant to this Act and who engages in the practice of
audiology.
    (f) "Public member" means a person who is not a health
professional. For purposes of board membership, any person with
a significant financial interest in a health service or
profession is not a public member.
    (g) "The practice of audiology" is the application of
nonmedical methods and procedures for the identification,
measurement, testing, appraisal, prediction, habilitation,
rehabilitation, or instruction related to hearing and
disorders of hearing. These procedures are for the purpose of
counseling, consulting and rendering or offering to render
services or for participating in the planning, directing or
conducting of programs that are designed to modify
communicative disorders involving speech, language or auditory
function related to hearing loss. The practice of audiology may
include, but shall not be limited to, the following:
        (1) any task, procedure, act, or practice that is
    necessary for the evaluation of hearing or vestibular
    function;
        (2) training in the use of amplification devices;
        (3) the fitting, dispensing, or servicing of hearing
    instruments; and
        (4) performing basic speech and language screening
    tests and procedures consistent with audiology training.
    (h) "The practice of speech-language pathology" is the
application of nonmedical methods and procedures for the
identification, measurement, testing, appraisal, prediction,
habilitation, rehabilitation, and modification related to
communication development, and disorders or disabilities of
speech, language, voice, swallowing, and other speech,
language and voice related disorders. These procedures are for
the purpose of counseling, consulting and rendering or offering
to render services, or for participating in the planning,
directing or conducting of programs that are designed to modify
communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice and
swallowing function.
    "The practice of speech-language pathology" shall include,
but shall not be limited to, the following:
        (1) hearing screening tests and aural rehabilitation
    procedures consistent with speech-language pathology
    training;
        (2) tasks, procedures, acts or practices that are
    necessary for the evaluation of, and training in the use
    of, augmentative communication systems, communication
    variation, cognitive rehabilitation, non-spoken language
    production and comprehension; and .
        (3) the use of rigid or flexible laryngoscopes for the
    sole purpose of observing and obtaining images of the
    pharynx and larynx in accordance with Section 9.3 of this
    Act.
    (i) "Speech-language pathology assistant" means a person
who has received a license pursuant to this Act to assist a
speech-language pathologist in the manner provided in this Act.
    (j) "Physician" means a physician licensed to practice
medicine in all its branches under the Medical Practice Act of
1987.
(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
 
    (225 ILCS 110/9.3 new)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9.3. Requirements for the use of laryngoscopes.
    (a) A speech-language pathologist may perform an
endoscopic procedure using a rigid laryngoscope for the sole
purpose of observing and obtaining images of the pharynx and
larynx if all of the following requirements have been met:
        (1) The speech-language pathologist has observed 5
    procedures performed by either (i) a physician who has been
    granted hospital privileges to perform these procedures or
    (ii) a speech-language pathologist who has met the
    requirements of items (1), (2), and (5) of this subsection
    (a) in a licensed health care facility or a clinic
    affiliated with a hospital, university, college, or
    ASHA-approved continuing education course that has
    emergency medical backup and a physician available or in
    the office of a physician who is available or in the office
    of a speech-language pathologist provided that he or she
    maintains cardiopulmonary resuscitation (CPR)
    certification.
        (2) The speech-language pathologist has successfully
    performed 10 procedures under the direct supervision of a
    physician who has been granted hospital privileges to
    perform these procedures; provided, however, that the
    physician may delegate the supervision of the procedures to
    a speech-language pathologist who has met the requirements
    of this subsection (a) or subsection (c) of this Section.
    The supervising physician shall provide written
    verification that the speech-language pathologist in
    training has successfully completed the requirements of
    this item (2) demonstrating the ability to perform these
    procedures. The speech-language pathologist shall have
    this written verification on file and readily available for
    inspection upon request by the Board.
         (3) If the patient has a voice disorder or vocal cord
    dysfunction, he or she must be examined by a physician who
    has been granted hospital privileges to perform these
    procedures and the speech-language pathologist must have
    received from that physician a written referral and direct
    authorization to perform the procedure.
        (4) If the patient has a swallowing disorder or a
    velopharyngeal disorder, he or she must be examined by a
    physician licensed to practice medicine in all its branches
    and the speech-language pathologist must have received
    from that physician a written referral and direct
    authorization to perform the procedure.
        (5) The speech-language pathologist has completed a
    hands-on university or college course, or a hands-on
    seminar or workshop in endoscopy as a technique for
    investigating speech and swallowing, which qualifies for
    continuing education credit with the American
    Speech-Language-Hearing Association (ASHA).
        (6) The speech-language pathologist must send a
    written report or recorded copy of the observations
    recorded during an evaluation to the referring physician,
    and if the speech-language pathologist performs any
    procedure and observes an abnormality or the possibility of
    a condition that requires medical attention, the
    speech-language pathologist shall immediately refer the
    patient to the referring physician for examination.
        (7) In no instance may the speech-language pathologist
    use a laryngoscope to perform any procedure that disrupts
    living tissue.
        (8) The speech-language pathologist is using the rigid
    laryngoscope in (i) a licensed healthcare facility or
    clinic affiliated with a hospital, university, college, or
    ASHA-approved continuing education course that has
    emergency medical back-up and a physician available, (ii)
    an office of a physician who is available, or (iii) in the
    speech language pathologist's office provided that he or
    she maintains cardiopulmonary resuscitation (CPR)
    certification.
    (b) A speech-language pathologist may use a flexible
laryngoscope for the sole purpose of observing and obtaining
images of the pharynx and larynx if all of the following
requirements have been met:
        (1) The speech-language pathologist has observed 10
    procedures performed by either (i) a physician who has been
    granted hospital privileges to perform these procedures or
    (ii) a speech-language pathologist who has met the
    requirements of items (1), (2), and (6) of this subsection
    (b) in a licensed health care facility or a clinic
    affiliated with a hospital, university, college, or
    ASHA-approved continuing education course that has
    emergency medical back-up and a physician available or in
    the office of a physician who is available.
        (2) The speech-language pathologist has successfully
    performed 25 procedures under the direct supervision of a
    physician who has been granted hospital privileges to
    perform these procedures; provided, however, that the
    physician may delegate the supervision of the procedures to
    a speech-language pathologist who has met the requirements
    of this subsection (b) or subsection (c) of this Section.
    The supervising physician shall provide written
    verification that the speech-language pathologist in
    training has successfully completed the requirements of
    this item (2) demonstrating the ability to perform these
    procedures. The speech-language pathologist shall have
    this written verification on file and readily available for
    inspection upon request by the Board.
        (3) The observation of the patient's function must take
    place (i) under the supervision of a physician and (ii) in
    a licensed health care facility or a clinic affiliated with
    a hospital, university, or college that has emergency
    medical backup and a physician available or in the office
    of a physician who is available.
         (4) If the patient has a voice disorder or vocal cord
    dysfunction, he or she must be examined by a physician
    licensed to practice medicine in all its branches who has
    been granted hospital privileges to perform these
    procedures and the speech-language pathologist must have
    received from that physician a written referral and direct
    authorization to perform the procedure.
        (5) If the patient has a swallowing disorder or a
    velopharyngeal disorder, he or she must be examined by a
    physician licensed to practice medicine in all its branches
    and the speech-language pathologist must have received
    from that physician a written referral and direct
    authorization to perform the procedure.
        (6) The speech-language pathologist has completed a
    hands-on university or college course, or a hands-on
    seminar or workshop in endoscopy as a technique for
    investigating speech and swallowing, which qualifies for
    continuing education credit with the American
    Speech-Language-Hearing Association (ASHA).
        (7) The speech-language pathologist must send a
    written report or recorded copy of the observations
    recorded during an evaluation to the referring physician,
    and if the speech-language pathologist performs any
    procedure and observes an abnormality or the possibility of
    a condition that requires medical attention, the
    speech-language pathologist shall immediately refer the
    patient to the referring physician for examination.
        (8) In no instance may the speech-language pathologist
    use a laryngoscope to perform any procedure that disrupts
    living tissue.
    (c) A speech-language pathologist seeking to use both a
rigid laryngoscope and a flexible laryngoscope for the sole
purpose of observing and obtaining images of the pharynx and
larynx shall be exempt from meeting the separate requirements
of items (1) and (2) of subsection (a) and items (1) and (2) of
subsection (b), if he or she meets the requirements of items
(3) through (8) of subsection (a), items (3) through (8) of
subsection (b), and the following:
        (1) The speech-language pathologist has observed 15
    procedures performed by either (i) a physician who has been
    granted hospital privileges to perform these procedures or
    (ii) a speech-language pathologist who has met the
    requirements of items (1), (2), and (6) of subsection (b)
    in a licensed health care facility or a clinic affiliated
    with a hospital, university, college, or ASHA-approved
    continuing education course that has emergency medical
    back-up and a physician available or in the office of a
    physician who is available.
        (2) The speech-language pathologist has successfully
    performed 30 procedures, at least 20 of which must be with
    a flexible laryngoscope and at least 5 of which must be
    with a rigid laryngoscope, under the direct supervision of
    a physician who has been granted hospital privileges to
    perform these procedures; provided, however, that the
    physician may delegate the supervision of the procedures to
    a speech-language pathologist who has met the requirements
    of subsection (a) or (c) of this Section in the case of a
    rigid laryngoscope or subsection (b) or (c) of this Section
    in the case of a flexible laryngoscope. The supervising
    physician shall provide written verification that the
    speech-language pathologist in training has successfully
    completed the requirements of this item (2) demonstrating
    the ability to perform these procedures. The
    speech-language pathologist shall have this written
    verification on file and readily available for inspection
    upon request by the Board.
    (d) The requirements of this Section 9.3 shall not apply to
the practice of speech-language pathologists in a hospital or
hospital affiliate. In order to practice in a hospital or
hospital affiliate, a speech-language pathologist must possess
clinical privileges for flexible or rigid laryngoscope
procedures recommended by the hospital or hospital affiliate
medical staff and approved by the hospital or hospital
affiliate governing body.
    (e) Nothing in this Section shall be construed to authorize
a medical diagnosis.
    (f) Nothing in this Section shall preclude the use of a
rigid or flexible laryngoscope for the purpose of training or
research done in conjunction with a speech-language pathology
program accredited by the Council for Academic Accreditation,
provided that (i) emergency medical backup is available when
flexible laryngoscopy is performed and (ii) such training or
research is performed with the participation of either a
physician who has been granted hospital privileges to perform
these procedures or a speech-language pathologist who has met
the requirements of items (1), (2), and (5) of subsection (a)
of this Section, items (1), (2), and (6) of subsection (b) of
this Section, or subsection (c) of this Section, whichever is
applicable.
    (g) Nothing in this Section shall be construed to allow a
speech-language pathologist to use an anesthetic without
specific physician authorization included in the patient
referral.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2009