SB1483 Enrolled LRB096 07510 ASK 17603 b

1     AN ACT concerning professional regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Speech-Language Pathology and
5 Audiology Practice Act is amended by changing Section 3 and by
6 adding Section 9.3 as follows:
 
7     (225 ILCS 110/3)  (from Ch. 111, par. 7903)
8     (Section scheduled to be repealed on January 1, 2018)
9     Sec. 3. Definitions. The following words and phrases shall
10 have the meaning ascribed to them in this Section unless the
11 context clearly indicates otherwise:
12     (a) "Department" means the Department of Financial and
13 Professional Regulation.
14     (b) "Secretary" means the Secretary of Financial and
15 Professional Regulation.
16     (c) "Board" means the Board of Speech-Language Pathology
17 and Audiology established under Section 5 of this Act.
18     (d) "Speech-Language Pathologist" means a person who has
19 received a license pursuant to this Act and who engages in the
20 practice of speech-language pathology.
21     (e) "Audiologist" means a person who has received a license
22 pursuant to this Act and who engages in the practice of
23 audiology.

 

 

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1     (f) "Public member" means a person who is not a health
2 professional. For purposes of board membership, any person with
3 a significant financial interest in a health service or
4 profession is not a public member.
5     (g) "The practice of audiology" is the application of
6 nonmedical methods and procedures for the identification,
7 measurement, testing, appraisal, prediction, habilitation,
8 rehabilitation, or instruction related to hearing and
9 disorders of hearing. These procedures are for the purpose of
10 counseling, consulting and rendering or offering to render
11 services or for participating in the planning, directing or
12 conducting of programs that are designed to modify
13 communicative disorders involving speech, language or auditory
14 function related to hearing loss. The practice of audiology may
15 include, but shall not be limited to, the following:
16         (1) any task, procedure, act, or practice that is
17     necessary for the evaluation of hearing or vestibular
18     function;
19         (2) training in the use of amplification devices;
20         (3) the fitting, dispensing, or servicing of hearing
21     instruments; and
22         (4) performing basic speech and language screening
23     tests and procedures consistent with audiology training.
24     (h) "The practice of speech-language pathology" is the
25 application of nonmedical methods and procedures for the
26 identification, measurement, testing, appraisal, prediction,

 

 

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1 habilitation, rehabilitation, and modification related to
2 communication development, and disorders or disabilities of
3 speech, language, voice, swallowing, and other speech,
4 language and voice related disorders. These procedures are for
5 the purpose of counseling, consulting and rendering or offering
6 to render services, or for participating in the planning,
7 directing or conducting of programs that are designed to modify
8 communicative disorders and conditions in individuals or
9 groups of individuals involving speech, language, voice and
10 swallowing function.
11     "The practice of speech-language pathology" shall include,
12 but shall not be limited to, the following:
13         (1) hearing screening tests and aural rehabilitation
14     procedures consistent with speech-language pathology
15     training;
16         (2) tasks, procedures, acts or practices that are
17     necessary for the evaluation of, and training in the use
18     of, augmentative communication systems, communication
19     variation, cognitive rehabilitation, non-spoken language
20     production and comprehension; and .
21         (3) the use of rigid or flexible laryngoscopes for the
22     sole purpose of observing and obtaining images of the
23     pharynx and larynx in accordance with Section 9.3 of this
24     Act.
25     (i) "Speech-language pathology assistant" means a person
26 who has received a license pursuant to this Act to assist a

 

 

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1 speech-language pathologist in the manner provided in this Act.
2     (j) "Physician" means a physician licensed to practice
3 medicine in all its branches under the Medical Practice Act of
4 1987.
5 (Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)
 
6     (225 ILCS 110/9.3 new)
7     (Section scheduled to be repealed on January 1, 2018)
8     Sec. 9.3. Requirements for the use of laryngoscopes.
9     (a) A speech-language pathologist may perform an
10 endoscopic procedure using a rigid laryngoscope for the sole
11 purpose of observing and obtaining images of the pharynx and
12 larynx if all of the following requirements have been met:
13         (1) The speech-language pathologist has observed 5
14     procedures performed by either (i) a physician who has been
15     granted hospital privileges to perform these procedures or
16     (ii) a speech-language pathologist who has met the
17     requirements of items (1), (2), and (5) of this subsection
18     (a) in a licensed health care facility or a clinic
19     affiliated with a hospital, university, college, or
20     ASHA-approved continuing education course that has
21     emergency medical backup and a physician available or in
22     the office of a physician who is available or in the office
23     of a speech-language pathologist provided that he or she
24     maintains cardiopulmonary resuscitation (CPR)
25     certification.

 

 

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1         (2) The speech-language pathologist has successfully
2     performed 10 procedures under the direct supervision of a
3     physician who has been granted hospital privileges to
4     perform these procedures; provided, however, that the
5     physician may delegate the supervision of the procedures to
6     a speech-language pathologist who has met the requirements
7     of this subsection (a) or subsection (c) of this Section.
8     The supervising physician shall provide written
9     verification that the speech-language pathologist in
10     training has successfully completed the requirements of
11     this item (2) demonstrating the ability to perform these
12     procedures. The speech-language pathologist shall have
13     this written verification on file and readily available for
14     inspection upon request by the Board.
15          (3) If the patient has a voice disorder or vocal cord
16     dysfunction, he or she must be examined by a physician who
17     has been granted hospital privileges to perform these
18     procedures and the speech-language pathologist must have
19     received from that physician a written referral and direct
20     authorization to perform the procedure.
21         (4) If the patient has a swallowing disorder or a
22     velopharyngeal disorder, he or she must be examined by a
23     physician licensed to practice medicine in all its branches
24     and the speech-language pathologist must have received
25     from that physician a written referral and direct
26     authorization to perform the procedure.

 

 

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1         (5) The speech-language pathologist has completed a
2     hands-on university or college course, or a hands-on
3     seminar or workshop in endoscopy as a technique for
4     investigating speech and swallowing, which qualifies for
5     continuing education credit with the American
6     Speech-Language-Hearing Association (ASHA).
7         (6) The speech-language pathologist must send a
8     written report or recorded copy of the observations
9     recorded during an evaluation to the referring physician,
10     and if the speech-language pathologist performs any
11     procedure and observes an abnormality or the possibility of
12     a condition that requires medical attention, the
13     speech-language pathologist shall immediately refer the
14     patient to the referring physician for examination.
15         (7) In no instance may the speech-language pathologist
16     use a laryngoscope to perform any procedure that disrupts
17     living tissue.
18         (8) The speech-language pathologist is using the rigid
19     laryngoscope in (i) a licensed healthcare facility or
20     clinic affiliated with a hospital, university, college, or
21     ASHA-approved continuing education course that has
22     emergency medical back-up and a physician available, (ii)
23     an office of a physician who is available, or (iii) in the
24     speech language pathologist's office provided that he or
25     she maintains cardiopulmonary resuscitation (CPR)
26     certification.

 

 

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1     (b) A speech-language pathologist may use a flexible
2 laryngoscope for the sole purpose of observing and obtaining
3 images of the pharynx and larynx if all of the following
4 requirements have been met:
5         (1) The speech-language pathologist has observed 10
6     procedures performed by either (i) a physician who has been
7     granted hospital privileges to perform these procedures or
8     (ii) a speech-language pathologist who has met the
9     requirements of items (1), (2), and (6) of this subsection
10     (b) in a licensed health care facility or a clinic
11     affiliated with a hospital, university, college, or
12     ASHA-approved continuing education course that has
13     emergency medical back-up and a physician available or in
14     the office of a physician who is available.
15         (2) The speech-language pathologist has successfully
16     performed 25 procedures under the direct supervision of a
17     physician who has been granted hospital privileges to
18     perform these procedures; provided, however, that the
19     physician may delegate the supervision of the procedures to
20     a speech-language pathologist who has met the requirements
21     of this subsection (b) or subsection (c) of this Section.
22     The supervising physician shall provide written
23     verification that the speech-language pathologist in
24     training has successfully completed the requirements of
25     this item (2) demonstrating the ability to perform these
26     procedures. The speech-language pathologist shall have

 

 

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1     this written verification on file and readily available for
2     inspection upon request by the Board.
3         (3) The observation of the patient's function must take
4     place (i) under the supervision of a physician and (ii) in
5     a licensed health care facility or a clinic affiliated with
6     a hospital, university, or college that has emergency
7     medical backup and a physician available or in the office
8     of a physician who is available.
9          (4) If the patient has a voice disorder or vocal cord
10     dysfunction, he or she must be examined by a physician
11     licensed to practice medicine in all its branches who has
12     been granted hospital privileges to perform these
13     procedures and the speech-language pathologist must have
14     received from that physician a written referral and direct
15     authorization to perform the procedure.
16         (5) If the patient has a swallowing disorder or a
17     velopharyngeal disorder, he or she must be examined by a
18     physician licensed to practice medicine in all its branches
19     and the speech-language pathologist must have received
20     from that physician a written referral and direct
21     authorization to perform the procedure.
22         (6) The speech-language pathologist has completed a
23     hands-on university or college course, or a hands-on
24     seminar or workshop in endoscopy as a technique for
25     investigating speech and swallowing, which qualifies for
26     continuing education credit with the American

 

 

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1     Speech-Language-Hearing Association (ASHA).
2         (7) The speech-language pathologist must send a
3     written report or recorded copy of the observations
4     recorded during an evaluation to the referring physician,
5     and if the speech-language pathologist performs any
6     procedure and observes an abnormality or the possibility of
7     a condition that requires medical attention, the
8     speech-language pathologist shall immediately refer the
9     patient to the referring physician for examination.
10         (8) In no instance may the speech-language pathologist
11     use a laryngoscope to perform any procedure that disrupts
12     living tissue.
13     (c) A speech-language pathologist seeking to use both a
14 rigid laryngoscope and a flexible laryngoscope for the sole
15 purpose of observing and obtaining images of the pharynx and
16 larynx shall be exempt from meeting the separate requirements
17 of items (1) and (2) of subsection (a) and items (1) and (2) of
18 subsection (b), if he or she meets the requirements of items
19 (3) through (8) of subsection (a), items (3) through (8) of
20 subsection (b), and the following:
21         (1) The speech-language pathologist has observed 15
22     procedures performed by either (i) a physician who has been
23     granted hospital privileges to perform these procedures or
24     (ii) a speech-language pathologist who has met the
25     requirements of items (1), (2), and (6) of subsection (b)
26     in a licensed health care facility or a clinic affiliated

 

 

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1     with a hospital, university, college, or ASHA-approved
2     continuing education course that has emergency medical
3     back-up and a physician available or in the office of a
4     physician who is available.
5         (2) The speech-language pathologist has successfully
6     performed 30 procedures, at least 20 of which must be with
7     a flexible laryngoscope and at least 5 of which must be
8     with a rigid laryngoscope, under the direct supervision of
9     a physician who has been granted hospital privileges to
10     perform these procedures; provided, however, that the
11     physician may delegate the supervision of the procedures to
12     a speech-language pathologist who has met the requirements
13     of subsection (a) or (c) of this Section in the case of a
14     rigid laryngoscope or subsection (b) or (c) of this Section
15     in the case of a flexible laryngoscope. The supervising
16     physician shall provide written verification that the
17     speech-language pathologist in training has successfully
18     completed the requirements of this item (2) demonstrating
19     the ability to perform these procedures. The
20     speech-language pathologist shall have this written
21     verification on file and readily available for inspection
22     upon request by the Board.
23     (d) The requirements of this Section 9.3 shall not apply to
24 the practice of speech-language pathologists in a hospital or
25 hospital affiliate. In order to practice in a hospital or
26 hospital affiliate, a speech-language pathologist must possess

 

 

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1 clinical privileges for flexible or rigid laryngoscope
2 procedures recommended by the hospital or hospital affiliate
3 medical staff and approved by the hospital or hospital
4 affiliate governing body.
5     (e) Nothing in this Section shall be construed to authorize
6 a medical diagnosis.
7     (f) Nothing in this Section shall preclude the use of a
8 rigid or flexible laryngoscope for the purpose of training or
9 research done in conjunction with a speech-language pathology
10 program accredited by the Council for Academic Accreditation,
11 provided that (i) emergency medical backup is available when
12 flexible laryngoscopy is performed and (ii) such training or
13 research is performed with the participation of either a
14 physician who has been granted hospital privileges to perform
15 these procedures or a speech-language pathologist who has met
16 the requirements of items (1), (2), and (5) of subsection (a)
17 of this Section, items (1), (2), and (6) of subsection (b) of
18 this Section, or subsection (c) of this Section, whichever is
19 applicable.
20     (g) Nothing in this Section shall be construed to allow a
21 speech-language pathologist to use an anesthetic without
22 specific physician authorization included in the patient
23 referral.
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.