Public Act 90-0069 of the 90th General Assembly
Public Act 90-0069
HB0860 Enrolled LRB9002895DPcc
AN ACT extending the Board of Speech-Language Pathology
and Audiology, concerning the practice of speech-language
pathology and audiology, and amending a named Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Agency Sunset Act is amended by
changing Section 4.9 and adding Section 4.18 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
(Text of Section before amendment by P.A. 89-702)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Medical Practice Act of 1987.
The Pharmacy Practice Act of 1987.
The Illinois Optometric Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Clinical Psychologist Licensing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 87-1237.)
(Text of Section after amendment by P.A. 89-702)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Pharmacy Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-702, eff. 7-1-97.)
(5 ILCS 80/4.18 new)
Sec. 4.18. Act repealed January 1, 2008. The following
Act is repealed January 1, 2008:
The Illinois Speech-Language Pathology and Audiology
Practice Act.
Section 10. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Sections 3,
3.5, 5, 7, 8, 11, 13, 14, 16, 17, 18, 21, 22, 28, 30, and 33
and by adding Sections 9.5, 16.5, 28.5, and 29.5 as follows:
(225 ILCS 110/3) (from Ch. 111, par. 7903)
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 Illinois Department of
Professional Regulation.
(b) "Director" means the Director of 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 Section 9 of this
Act and who engages in the practice of speech-language
pathology, as defined herein.
(e) "Audiologist" means a person who has received a
license pursuant to Section 9 of this Act and who engages
in the practice of audiology, as defined herein.
(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 which 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,
including hearing instruments hearing aids;
(3) 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 which 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 the following, as further provided by rule:
(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.
(Source: P.A. 85-1391.)
(225 ILCS 110/3.5)
Sec. 3.5. Exemptions. This Act does not prohibit:
(a) The practice of speech-language pathology or
audiology by students in their course of study in
programs approved by the Department when acting under the
direction and supervision of licensed speech-language
pathologists or audiologists.
(b) The performance of any speech-language
pathology or audiology service by an appropriately
trained person if such service is performed under the
supervision and full responsibility of a licensed
speech-language pathologist or audiologist.
(b-5) The performance of an audiology service by an
appropriately trained person if that service is performed
under the supervision and full responsibility of a
licensed audiologist.
(c) The performance of audiometric testing for the
purpose of industrial hearing conservation by an
audiometric technician certified by the Council of
Accreditation for Occupational Hearing Conservation
(CAOHC).
(d) The performance of an audiometric screening by
an audiometric screenings technician certified by the
Department of Public Health.
(e) The selling or practice of fitting, dispensing,
or servicing hearing instruments by a hearing instrument
aid dispenser licensed under the Hearing Instrument
Consumer Protection Act.
(f) A person licensed in this State under any other
Act from engaging in the practice for which he or she is
licensed.
(g) The performance of vestibular function testing
by an appropriately trained person under the supervision
of a physician licensed to practice medicine in all its
branches.
(225 ILCS 110/5) (from Ch. 111, par. 7905)
Sec. 5. Board of Speech-Language Pathology and
Audiology. There is created a Board of Speech-Language
Pathology and Audiology to be composed of persons designated
from time to time by the Director, as follows:
(a) Five persons, 2 of whom have been licensed
speech-language pathologists for a period of 5 years or
more, 2 of whom have been licensed audiologists for a
period of 5 years or more, and one public member. The
board shall annually elect a chairperson chairman and a
vice-chairperson.
(b) Terms for all members shall be for 3 years. For
initial appointments, one member shall be appointed to
serve for one year, 2 shall be appointed to serve for 2
years, and the remaining shall be appointed to serve for
3 years and until their successors are appointed and
qualify. Initial terms shall begin on the effective date
of this Act. Partial terms over 2 years in length shall
be considered as full terms. A member may be reappointed
for a successive term, but no member shall serve more
than 2 full terms.
(c) The membership of the Board should reasonably
reflect representation from the various geographic areas
of the State.
(d) In making appointments to the Board, the
Director shall give due consideration to recommendations
by organizations of the speech-language pathology and
audiology professions in Illinois, including the Illinois
Speech-Language-Hearing Association, and shall promptly
give due notice to such organizations of any vacancy in
the membership of the Board. The Director may terminate
the appointment of any member for any cause, which in the
opinion of the Director, reasonably justifies such
termination.
(e) A majority of the Board members currently
appointed shall constitute a quorum. A vacancy in the
membership of the Board shall not impair the right of a
quorum to exercise all the rights and perform all the
duties of the Board.
(f) The members of the Board shall each receive as
compensation a reasonable sum as determined by the
Director for each day actually engaged in the duties of
the office, and all legitimate and necessary expenses
incurred in attending the meetings of the Board.
(g) Members of the Board shall be immune from suit
in any action based upon any disciplinary proceedings or
other activities performed in good faith as members of
the Board.
(h) The Director may consider the recommendations
of the Board in establishing guidelines for professional
conduct, the conduct of formal disciplinary proceedings
brought under this Act, and qualifications of applicants.
Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the
Board and any recommendations made in the response. The
Department, at any time, may seek the expert advice and
knowledge of the Board on any matter relating to the
administration or enforcement of this Act.
(i) Whenever the Director is satisfied that
substantial justice has not been done either in an
examination or in the revocation, suspension, or refusal
of a license, or other disciplinary action relating to a
license, the Director may order a reexamination or
rehearing.
(Source: P.A. 85-1391.)
(225 ILCS 110/7) (from Ch. 111, par. 7907)
Sec. 7. Licensure requirement. Necessity for Licensure of
Speech-Language Pathologists and Audiologists and
Applications for Licenses. (a) On or after June 1, 1989, no
person shall practice speech-language pathology or audiology
without first applying for and obtaining a license for such
purpose from the Department.
(b) Applications must be accompanied by the required
fee.
(c) If an applicant neglects, fails, refuses to take or
fails to pass an examination for licensure under this Act
within 3 years after filing his application, the fee paid by
the applicant shall be forfeited and the application denied.
However, such applicant may thereafter make a new application
for examination, accompanied by the required fee and provide
evidence of meeting the requirements in force at the time of
the new application. In the event an applicant has passed
part of an examination administered during the 3 year period,
but has failed to pass the examination in its entirety, said
individual's partial scores shall be void, and he shall be
required to retake all portions of the examination within a
successive 3 year period.
(d) In lieu of the examination given to other applicants
for licensure, the Director may issue a license to an
individual who presents proof to the Director that he was
actively engaged in the practice of audiology or
speech-language pathology, or both, prior to June 1, 1989,
and who has practiced such profession in this State for 2 of
the last 4 years immediately preceding the enactment of this
Act. The Director may issue a license under this subsection
(d) to an individual who has actively practiced the
profession for at least 4 years, but who does not meet the
requirement of practicing 2 of the last 4 years. In
addition, such individual shall demonstrate evidence of
receiving one of the following: (1) a master's degree or its
equivalent in speech-language pathology or audiology, and
meeting the certification standards of the American
Speech-Language-Hearing Association (ASHA), or (2) a valid
Type 10-Speech and Language Impaired Certificate or its
equivalent from the Illinois State Board of Education. The
application for a license without examination shall be made
to the Director within one year of the enactment date of this
Act. Prior to the licensure of an individual under this
Section, the Director may require that the applicant
demonstrate satisfactory knowledge of current developments
and procedures in his area of specialization.
(Source: P.A. 85-1391.)
(225 ILCS 110/8) (from Ch. 111, par. 7908)
Sec. 8. Qualifications of Applicants for Speech-Language
Pathology and Audiology licenses. The Department shall
require that each applicant for a license to practice shall:
(a) (Blank);
(b) Be at least 21 years of age;
(c) Not have violated any provisions of Section 16
of this Act;
(d) Present satisfactory evidence of receiving a
master's degree in speech-language pathology or audiology
from a program approved by the Department. Nothing in
this Act shall be construed to prevent any program from
establishing higher standards than specified in this Act;
(e) Pass an examination authorized by the
Department in the theory and practice of the profession,
provided that the Department may recognize a certificate
granted by the American Speech-Language-Hearing
Association in lieu of such examination; and
(f) Have completed the equivalent of 9 months of
full-time, supervised professional experience.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply
and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 89-387, eff. 8-20-95.)
(225 ILCS 110/9.5 new)
Sec. 9.5. Practice by corporations. No license shall be
issued by the Department to any corporation, the stated
purpose of which includes or that practices or holds itself
out as available to practice speech-language pathology or
audiology, unless it is organized under the provisions of the
Professional Service Corporation Act.
(225 ILCS 110/11) (from Ch. 111, par. 7911)
Sec. 11. Expiration, renewal and restoration of
licenses.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. A
speech-language pathologist or audiologist may renew such
license during the month preceding the expiration date
thereof by paying the required fee.
(a-5) All renewal applicants shall provide proof of
having met the continuing education requirements set forth in
the rules of the Department. At a minimum, the rules shall
require a renewal applicant to provide proof of completing at
least 20 hours of continuing education during the 2-year
licensing cycle for which he or she is currently licensed. An
audiologist who has met the continuing education requirements
of the Hearing Instrument Consumer Protection Act during an
equivalent licensing cycle under this Act shall be deemed to
have met the continuing education requirements of this Act.
The Department shall provide by rule for an orderly process
for the reinstatement of licenses that have not been renewed
for failure to meet the continuing education requirements.
The continuing education requirements may be waived in cases
of extreme hardship as defined by rule of the Department.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
licensees, by requiring the filing of continuing education
certificates with the Department, or by other means
established by the Department.
(b) Inactive status.
(1) Any licensee who notifies the Department in
writing on forms prescribed by the Department, may elect
to place his or her license on an inactive status and
shall, subject to rules of the Department, be excused
from payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume
active status.;
(2) Any licensee requesting restoration from
inactive status shall be required to (i) pay the current
renewal fee and (ii) demonstrate that he or she has
obtained the equivalent of 20 hours of continuing
education if the licensee has been inactive, as further
provided by rule of the Department. and shall be required
to restore his license;
(3) Any licensee whose license is in an inactive
status shall not practice in the State of Illinois
without first restoring his or her license.; and
(4) Any licensee who shall engage in the practice
while the license is lapsed or inactive shall be
considered to be practicing without a license which shall
be grounds for discipline under Section 16 of this Act.
(c) Any speech-language pathologist or audiologist whose
license has expired may have his or her license restored at
any time within 5 years after the expiration thereof, upon
payment of the required fee and meeting the continuing
education requirements of subdivision (2) of subsection (b).
(d) Any person whose license has been expired for more
than 5 years or more may have his or her license restored by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have
his or her license restored, including sworn evidence
certifying to active lawful practice in another jurisdiction,
and by paying the required restoration fee. A person
practicing on an expired license is deemed to be practicing
without a license.
(e) If a person whose license has expired has not
maintained active practice in another jurisdiction, the
Department shall determine, by an evaluation process
established by rule, his or her fitness to resume active
status and may require the person to complete a period of
evaluated clinical experience, and may require successful
completion of an examination.
(f) Any person whose license has expired while he or she
has been engaged (1) in federal or State service on active
duty, or (2) in training or education under the supervision
of the United States preliminary to induction into the
military service, may have his or her license restored
without paying any lapsed renewal or restoration fee, if
within 2 years after termination of such service, training or
education he or she furnishes the Department with
satisfactory proof that he or she has been so engaged and
that his or her service, training or education has been so
terminated.
(Source: P.A. 85-1391.)
(225 ILCS 110/13) (from Ch. 111, par. 7913)
Sec. 13. Licensing applicants from other States.
Upon payment of the required fee, an applicant who is a
speech-language pathologist or audiologist licensed under the
laws of another state or territory of the United States,
shall, without examination be granted a license as a
speech-language pathologist or audiologist by the Department:
(a) whenever the requirements of such state or territory
of the United States were at the date of licensure
substantially equal to the requirements then in force in this
State; or
(b) whenever such requirements of another state or
territory of the United States together with educational and
professional qualifications, as distinguished from practical
experience, of the applicant since obtaining a license as
speech-language pathologist or audiologist in such state or
territory of the United States are substantially equal to the
requirements in force in Illinois at the time of application
for licensure as a speech-language pathologist or
audiologist.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply
and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 85-1391.)
(225 ILCS 110/14) (from Ch. 111, par. 7914)
Sec. 14. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. The
Department shall consult with the Board and consider its
recommendations when establishing the schedule of fees and
any increase in fees to be paid by license applicants.
(b) Except as provided in subsection (c) below, the fees
for the administration and enforcement of this Act, including
but not limited to original licensure, renewal, and
restoration, shall be set by rule and shall be nonrefundable.
(c) Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of initial screening to determine
eligibility and to provide the examination. Failure to appear
for the examination on the scheduled date at the time and
place specified, after the application for examination has
been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
(a) The following fees are non-refundable:
1. Application for initial license pursuant to
examination: $90.
2. Application for licensure for a person licensed as a
speech-language pathologist or audiologist under the laws of
another State or territory of the United States: $100.
3. Application for renewal of a license: $50 per year.
4. (i) Application for restoration of a license, other
than from inactive status: $10 plus payment of all lapsed
renewal fees.
(ii) Application for restoration from inactive status:
$10 plus current renewal fees.
5. Issuance of a duplicate certificate of licensure,
issuance of a replacement certificate for a certificate which
has been lost or destroyed or issuance of a certificate with
a change of name or address other than during the renewal
period: $20. No fee is required for name and address changes
on Department records when no duplicate certificate is
issued.
6. Application for a certification of a licensee's
record for any purpose: $20.
7. Application for rescoring of an examination: cost to
the Department of rescoring the examination, plus any fees
charged by the applicable testing service to have the
examination rescored.
(b) Applicants for any examination shall be required to
pay, either to the Department or to the designated testing
service, a fee covering the cost of initial screening to
determine eligibility and providing the examination.
(c) The fee for a wall certificate shall be the actual
cost of producing such certificate.
(d) The fee for a roster of persons licensed as
speech-language pathologists or audiologists in this State
shall be the actual cost of producing such a roster.
(Source: P.A. 85-1391.)
(225 ILCS 110/16) (from Ch. 111, par. 7916)
Sec. 16. Refusal, revocation or suspension of
Speech-Language Pathology or Audiology licenses.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, censure, reprimand or
take other disciplinary action as the Department may deem
proper, including fines not to exceed $5,000 for each
violation, with regard to any license or certificate for any
one or combination of the following causes:
(a) Fraud in procuring the license.
(b) Habitual intoxication or addiction to the use
of drugs.
(c) Willful or repeated violations of the rules of
the Department of Public Health.
(d) Division of fees or agreeing to split or divide
the fees received for speech-language pathology or
audiology services with any person for referring an
individual, or assisting in the care or treatment of an
individual, without the knowledge of the individual or
his or her legal representative.
(e) Employing, procuring, inducing, aiding or
abetting a person not licensed as a speech-language
pathologist or audiologist to engage in the unauthorized
practice of speech-language pathology or audiology.
(f) Making any misrepresentations or false
promises, directly or indirectly, to influence, persuade
or induce patronage.
(g) Professional connection or association with, or
lending his or her name to another for the illegal
practice of speech-language pathology or audiology by
another, or professional connection or association with
any person, firm or corporation holding itself out in any
manner contrary to this Act.
(h) Obtaining or seeking to obtain checks, money,
or any other things of value by false or fraudulent
representations, including but not limited to, engaging
in such fraudulent practice to defraud the medical
assistance program of the Department of Public Aid.
(i) Practicing under a name other than his or her
own.
(j) Improper, unprofessional or dishonorable
conduct of a character likely to deceive, defraud or harm
the public.
(k) Conviction in this or another state of any
crime which is a felony under the laws of this State or
conviction of a felony in a federal court, if the
Department determines, after investigation, that such
person has not been sufficiently rehabilitated to warrant
the public trust.
(1) Permitting a person under his or her
supervision to perform any function not authorized by
this Act.
(m) A violation of any provision of this Act or
rules promulgated thereunder.
(n) Revocation by another state, the District of
Columbia, territory, or foreign nation of a license to
practice speech-language pathology or audiology in its
jurisdiction if at least one of the grounds for that
revocation is the same as or the equivalent of one of the
grounds for revocation set forth herein.
(o) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(p) Gross or repeated malpractice resulting in
injury or death of an individual.
(q) Willfully making or filing false records or
reports in his or her practice as a speech-language
pathologist or audiologist, including, but not limited
to, false records to support claims against the public
assistance program of the Illinois Department of Public
Aid.
(r) Professional incompetence as manifested by poor
standards of care or mental incompetence as declared by a
court of competent jurisdiction.
(s) Repeated irregularities in billing a third
party for services rendered to an individual. For
purposes of this Section, "irregularities in billing"
shall include:
(i) reporting excessive charges for the
purpose of obtaining a total payment in excess of
that usually received by the speech-language
pathologist or audiologist for the services
rendered;
(ii) reporting charges for services not
rendered; or
(iii) incorrectly reporting services rendered
for the purpose of obtaining payment not earned.
(t) (Blank) Failure to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax act administered by the Illinois
Department of Revenue, until such time as the
requirements of any such tax act are satisfied.
(u) Violation of the Health Care Worker
Self-Referral Act.
(v) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(2) The Department shall deny a license or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois State Scholarship
Commission; however, the Department may issue a license or
renewal if the aforementioned persons have established a
satisfactory repayment record as determined by the Illinois
State Scholarship Commission.
(3) The entry of an order by a circuit court
establishing that any person holding a license under this Act
is subject to involuntary admission or judicial admission as
provided for in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension of
that license. That person may have his or her license
restored only upon the determination by a circuit court that
the patient is no longer subject to involuntary admission or
judicial admission and the issuance of an order so finding
and discharging the patient, and upon the Board's
recommendation to the Department that the license be
restored. Where the circumstances so indicate, the Board may
recommend to the Department that it require an examination
prior to restoring any license automatically suspended under
this subsection.
(4) The Department may refuse to issue or may suspend
the license of any person who fails to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of the tax penalty or interest,
as required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(5) In enforcing this Section, the Board upon a showing
of a possible violation may compel an individual licensed to
practice under this Act, or who has applied for licensure
pursuant to this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of
the Department. The examining physicians or clinical
psychologists shall be those specifically designated by the
Board. The individual to be examined may have, at his or her
own expense, another physician or clinical psychologist of
his or her choice present during all aspects of this
examination. Failure of any individual to submit to a mental
or physical examination, when directed, shall be grounds for
suspension of his or her license until the individual submits
to the examination if the Board finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
may require that individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or
designated by the Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice;
or, in lieu of care, counseling, or treatment, the Board may
recommend to the Department to file a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. Any individual whose license was
granted, continued, reinstated, renewed, disciplined or
supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Board.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The Board shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Board that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 87-1207.)
(225 ILCS 110/16.5 new)
Sec. 16.5. Advertising. A person licensed under this Act
may advertise the availability of professional services in
the public media or on the premises where such professional
services are rendered as permitted by law, provided the
advertising is truthful and not misleading or deceptive. The
Department may adopt rules consistent with this Section.
(225 ILCS 110/17) (from Ch. 111, par. 7917)
Sec. 17. Investigations; notice of hearing. Upon the
motion of either the Department or the Board or upon the
verified complaint in writing of any person setting forth
facts that which if proven would constitute grounds for
refusal to issue, suspension, or revocation of a license or
for taking any other disciplinary action with regard to a of
license under this Act, the Department Board shall
investigate the actions of any person, hereinafter called the
"licensee", who holds or represents that he or she holds a
license. All such motions or complaints shall be brought to
the Board.
The Director shall, before refusing to issue, suspending,
revoking, placing on probationary status, or taking any other
disciplinary action as the Director may deem proper with
regard to any license, at least 30 days prior to the date set
for the hearing, notify the licensee in writing of any
charges made and the time and place for a hearing of the
charges before the Board. The Board shall also direct him to
file his or her written answer thereto with the Board under
oath within 20 days after the service on him of such notice,
and inform him that if he or she fails to file such answer,
his or her license may be suspended, revoked, placed on
probationary status or other disciplinary action may be taken
with regard thereto, including limiting the scope, nature or
extent of his or her practice as the Director may deem
proper.
Such written notice and any notice in such proceeding
thereafter may be served by delivery personally to the
licensee, or by registered or certified mail to the address
specified by the licensee in his or her last notification to
the Director.
(Source: P.A. 85-1391.)
(225 ILCS 110/18) (from Ch. 111, par. 7918)
Sec. 18. Disciplinary actions.
(a) In case the licensee, after receiving notice, fails
to file an answer, his or her license may, in the discretion
of the Director, having first received the recommendation of
the Board, be suspended, revoked, placed on probationary
status or the Director may take whatever disciplinary action
he or she may deem proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without a hearing, if the act or acts charged
constitute sufficient grounds for such action under this Act.
(b) The Director may temporarily suspend the license of
a speech-language pathologist or audiologist without a
hearing, simultaneous to the institution of proceedings for a
hearing under this Act, if the Director finds that evidence
in his or her possession indicates that a speech-language
pathologist's or audiologist's continuation in practice would
constitute an immediate danger to the public. In the event
that the Director temporarily suspends the license of a
speech-language pathologist or audiologist without a hearing,
a hearing by the Board must be held within 15 days after such
suspension has occurred and concluded without appreciable
delay.
(c) The entry of a decree by any circuit court
establishing that any person holding a license under this Act
is a person subject to involuntary admission under the Mental
Health and Developmental Disabilities Code shall operate as a
suspension of that license. That person may resume his
practice only upon a finding by the Board that he has been
determined to be no longer subject to involuntary admission
by the court and upon the Board's recommendation to the
Director that he be permitted to resume his practice.
(Source: P.A. 85-1391.)
(225 ILCS 110/21) (from Ch. 111, par. 7921)
Sec. 21. Recommendations for disciplinary action Action
by Director. The Board may advise the Director that probation
be granted or that other disciplinary action, including the
limitation of the scope, nature or extent of a person's
practice, be taken, as it deems proper. If disciplinary
action other than suspension or revocation is taken, the
Board may advise the Director to impose reasonable
limitations and requirements upon the licensee to insure
compliance with the terms of the probation or other
disciplinary action, including, but not limited to, regular
reporting by the licensee to the Director of his or her
actions, or the licensee placing himself under the care of a
qualified physician for treatment or limiting his or her
practice in such manner as the Director may require.
The Board shall present to the Director a written report
of its findings and recommendations. A copy of such report
shall be served upon the licensee, either personally or by
registered or certified mail. Within 20 days after such
service, the licensee may present to the Department his or
her motion in writing for a rehearing, specifying the
particular grounds therefor. If the licensee orders and pays
for a transcript of the record, the time elapsing thereafter
and before such transcript is ready for delivery to him shall
not be counted as part of such 20 days.
At the expiration of the time allowed for filing a motion
for rehearing, the Director may take the action recommended
by the Board. Upon suspension, revocation, placement on
probationary status, or the taking of any other disciplinary
action, including the limiting of the scope, nature, or
extent of one's practice, deemed proper by the Director, with
regard to the license, the licensee shall surrender his or
her license to the Department if ordered to do so by the
Department and upon his or her failure or refusal to do so,
the Department may seize such license.
In all instances under this Act in which the Board has
rendered a recommendation to the Director with respect to a
particular person, the Director shall notify the Board if, to
the extent that he or she disagrees with or takes action
contrary to the recommendation of the Board, file with the
Board and the Secretary of State his specific written reasons
of disagreement. Such reasons shall be filed within 30 days
after the Director has taken the contrary position.
Each order of revocation, suspension or other
disciplinary action shall contain a brief and concise
statement of the ground or grounds upon which the
Department's action is based, as well as the specific terms
and conditions of such action.
(Source: P.A. 85-1391.)
(225 ILCS 110/22) (from Ch. 111, par. 7922)
Sec. 22. Appointment of a hearing officer. The Director
shall have the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer for any action for refusal to issue,
renew or discipline of a license. The hearing officer shall
have full authority to conduct the hearing. The hearing
officer shall report his or her findings and recommendations
to the Board and the Director. The Board shall have 60 days
after from receipt of the report to review the report of the
hearing officer and present its findings of fact, conclusions
of law and recommendations to the Director. If the Board
fails to present its report within the 60-day period, the
Director may shall issue an order based on the report of the
hearing officer. If the Director disagrees in any regard
with the Board's report, he or she may issue an order in
contravention of the Board's report.
(Source: P.A. 85-1391.)
(225 ILCS 110/28) (from Ch. 111, par. 7928)
Sec. 28. Injunction Unlicensed Practice - Injunctions.
The practice of speech-language pathology or audiology by any
person not holding a valid and current license under this Act
is declared to be inimical to the public welfare, to
constitute a public nuisance, and to cause irreparable harm
to the public welfare. The Director, the Attorney General,
the State's attorney of any county in the State or any person
may maintain an action in the name of the People of the State
of Illinois, and may apply for an injunction in any circuit
court to enjoin any such person from engaging in such
practice. Upon the filing of a verified petition in such
court, the court or any judge thereof, if satisfied by
affidavit, or otherwise, that such person has been engaged in
such practice without a valid and current license, may issue
a temporary injunction without notice or bond, enjoining the
defendant from any such further practice. Only the showing of
nonlicensure, by affidavit or otherwise, is necessary in
order for a temporary injunction to issue. A copy of the
verified complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases except as modified by this Section. If it is
established that the defendant has been, or is engaged in any
such unlawful practice, the court, or any judge thereof, may
enter an order or judgment perpetually enjoining the
defendant from further such practice. In all proceedings
hereunder, the court, in its discretion, may apportion the
costs among the parties interested in the suit, including
cost of filing the complaint, service of process, witness
fees and expenses, court reporter charges and reasonable
attorneys' fees. In case of violation of any injunction
issued under the provisions of this Section, the court, or
any judge thereof, may summarily try and punish the offender
for contempt of court. Such injunction proceedings shall be
in addition to, and not in lieu of, all penalties and other
remedies provided in this Act.
(Source: P.A. 85-1391.)
(225 ILCS 110/28.5 new)
Sec. 28.5. Cease and desist order. If any person violates
the provisions of this Act, the Director, in the name of the
People of the State of Illinois, through the Attorney General
or the State's Attorney of the county in which the violation
is alleged to have occurred, may petition for an order
enjoining the violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition, the
court with appropriate jurisdiction may issue a temporary
restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section are in addition to, and
not in lieu of, all other remedies and penalties provided by
this Act.
Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly
set forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an
answer satisfactory to the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued.
(225 ILCS 110/29.5 new)
Sec. 29.5. Unlicensed practice; civil penalty.
(a) Any person who practices, offers to practice,
attempts to practice, or holds oneself out to practice
speech-language pathology or audiology without being licensed
under this Act shall, in addition to any other penalty
provided by law, pay a civil penalty to the Department in an
amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(225 ILCS 110/30) (from Ch. 111, par. 7930)
Sec. 30. Filing license or diploma of another. Any person
filing, or attempting to file as his or her own, the diploma
or license of another, or a forged affidavit of
identification or qualification, shall be deemed guilty of a
Class 3 felony, and upon conviction thereof, shall be subject
to such fine and imprisonment as is made and provided by the
statutes of this State for the crime of forgery.
(Source: P.A. 85-1391.)
(225 ILCS 110/33) (from Ch. 111, par. 7933)
Sec. 33. Exemption from civil liability for peer review
committees. While serving upon any peer review committee, any
speech-language pathologist or audiologist shall not be
liable for civil damages as a result of his or her decisions,
findings or recommendations in connection with his or her
duties on such committee, except decisions, findings or
recommendations involving his or her wilful or wanton
misconduct.
(Source: P.A. 85-1391.)
(225 ILCS 110/6 rep.)
(225 ILCS 110/7.5 rep.)
(225 ILCS 110/9 rep.)
(225 ILCS 110/12 rep.)
(225 ILCS 110/31 rep.)
(225 ILCS 110/32 rep.)
Section 15. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by repealing Sections 6,
7.5, 9, 12, 31, and 32.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect on July
1, 1997.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.9 from Ch. 127, par. 1904.9
5 ILCS 80/4.18 new
225 ILCS 110/3 from Ch. 111, par. 7903
225 ILCS 110/3.5 new
225 ILCS 110/5 from Ch. 111, par. 7905
225 ILCS 110/7 from Ch. 111, par. 7907
225 ILCS 110/8 from Ch. 111, par. 7908
225 ILCS 110/9.5 new
225 ILCS 110/11 from Ch. 111, par. 7911
225 ILCS 110/13 from Ch. 111, par. 7913
225 ILCS 110/14 from Ch. 111, par. 7914
225 ILCS 110/16 from Ch. 111, par. 7916
225 ILCS 110/16.5 new
225 ILCS 110/17 from Ch. 111, par. 7917
225 ILCS 110/18 from Ch. 111, par. 7918
225 ILCS 110/21 from Ch. 111, par. 7921
225 ILCS 110/22 from Ch. 111, par. 7922
225 ILCS 110/28 from Ch. 111, par. 7928
225 ILCS 110/28.5 new
225 ILCS 110/29.5 new
225 ILCS 110/30 from Ch. 111, par. 7930
225 ILCS 110/33 from Ch. 111, par. 7933
225 ILCS 110/6 rep.
225 ILCS 110/7.5 rep.
225 ILCS 110/9 rep.
225 ILCS 110/12 rep.
225 ILCS 110/31 rep.
225 ILCS 110/32 rep.