Full Text of HB0121 95th General Assembly
HB0121enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.18 and by adding Section 4.28 as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008 and December 31, | 8 |
| 2008.
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| (a) The following Acts
are repealed on January 1, 2008:
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| The Acupuncture Practice Act.
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| The Clinical Social Work and Social Work Practice Act.
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| The Home Medical Equipment and Services Provider | 13 |
| License Act.
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| The Nursing and Advanced Practice Nursing Act.
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| The Illinois Speech-Language Pathology and Audiology | 16 |
| Practice Act.
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| The Marriage and Family Therapy Licensing Act.
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| The Nursing Home Administrators Licensing and | 19 |
| Disciplinary Act.
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| The Pharmacy Practice Act of 1987.
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| The Physician Assistant Practice Act of 1987.
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| The Podiatric Medical Practice Act of 1987.
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| The Structural Pest Control Act.
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| (b) The following Acts are repealed on December 31, 2008: | 2 |
| The Medical Practice Act of 1987. | 3 |
| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | 5 |
| 94-1085, eff. 1-19-07; revised 1-22-07.)
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| (5 ILCS 80/4.28 new) | 7 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 8 |
| Act is repealed on January 1, 2018: | 9 |
| The Illinois Speech-Language Pathology and Audiology | 10 |
| Practice Act. | 11 |
| Section 10. The Illinois Speech-Language Pathology and
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| Audiology Practice Act is amended by changing Sections 3, 5, 7, | 13 |
| 8, 8.5, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, | 14 |
| 28, 28.5, and 29 and by adding Sections 21.1, 21.2, and 24.1 as | 15 |
| follows:
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| (225 ILCS 110/3) (from Ch. 111, par. 7903)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3. Definitions. The following words and phrases shall | 19 |
| have the
meaning ascribed to them in this Section unless the | 20 |
| context clearly indicates
otherwise:
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| (a) "Department" means the Department of Financial and
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| Professional
Regulation.
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| (b) " Secretary
Director " means the Secretary
Director of |
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| Financial and Professional Regulation.
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| (c) "Board" means the Board of Speech-Language Pathology | 3 |
| and Audiology
established under Section 5 of this Act.
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| (d) "Speech-Language Pathologist" means a person who has | 5 |
| received a
license pursuant to this Act and who engages in the | 6 |
| practice
of speech-language pathology.
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| (e) "Audiologist" means a person who has received a license | 8 |
| pursuant to this
Act and who engages in the practice of | 9 |
| audiology.
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| (f) "Public member" means a person who is not a health | 11 |
| professional.
For purposes of board membership, any person with | 12 |
| a significant financial
interest in a health service or | 13 |
| profession is not a public member.
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| (g) "The practice of audiology" is the application of | 15 |
| nonmedical methods
and procedures for the identification, | 16 |
| measurement, testing,
appraisal, prediction, habilitation, | 17 |
| rehabilitation, or instruction
related to hearing
and | 18 |
| disorders of hearing. These procedures are for the
purpose of | 19 |
| counseling, consulting and rendering or offering to render
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| services or for participating in the planning, directing or | 21 |
| conducting of
programs that are designed to modify | 22 |
| communicative disorders
involving
speech, language or auditory | 23 |
| function related to hearing loss.
The practice of audiology may | 24 |
| include, but shall not be limited to, the
following:
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| (1) any task, procedure, act, or practice that is | 26 |
| necessary for the
evaluation of hearing or
vestibular |
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| function;
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| (2) training in the use of amplification devices;
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| (3) the fitting, dispensing, or servicing of hearing | 4 |
| instruments; and
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| (4) performing basic speech and language screening | 6 |
| tests and procedures
consistent with audiology training.
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| (h) "The practice of speech-language pathology" is the | 8 |
| application of
nonmedical methods and procedures for the | 9 |
| identification,
measurement, testing, appraisal, prediction, | 10 |
| habilitation, rehabilitation,
and modification related to | 11 |
| communication development, and disorders or
disabilities of | 12 |
| speech, language, voice, swallowing, and other speech,
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| language and voice related disorders. These procedures are for | 14 |
| the
purpose of counseling, consulting and rendering or offering | 15 |
| to render
services, or for participating in the planning, | 16 |
| directing or conducting of
programs that are designed to modify | 17 |
| communicative disorders and
conditions in individuals or | 18 |
| groups of individuals involving speech,
language, voice and | 19 |
| swallowing function.
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| "The practice of speech-language pathology" shall include, | 21 |
| but
shall not be
limited to, the following:
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| (1) hearing screening tests and aural rehabilitation | 23 |
| procedures
consistent with speech-language pathology | 24 |
| training;
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| (2) tasks, procedures, acts or practices that are | 26 |
| necessary for the
evaluation of, and training in the use |
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| of, augmentative communication
systems, communication | 2 |
| variation, cognitive rehabilitation, non-spoken
language | 3 |
| production and comprehension.
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| (i) "Speech-language pathology assistant" means a person | 5 |
| who has received
a license pursuant to this Act to assist a | 6 |
| speech-language
pathologist in the manner provided in this Act.
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| (Source: P.A. 94-528, eff. 8-10-05.)
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| (225 ILCS 110/5) (from Ch. 111, par. 7905)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 5. Board of Speech-Language Pathology and Audiology. | 11 |
| There is created a Board of Speech-Language Pathology and | 12 |
| Audiology to be
composed of persons designated from time to | 13 |
| time by the Secretary
Director , as follows:
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| (a) Five persons, 2 of whom have been licensed | 15 |
| speech-language
pathologists for
a period of 5 years or | 16 |
| more, 2 of whom have been licensed audiologists for
a | 17 |
| period of
5 years or more, and one public member. The board | 18 |
| shall annually elect a
chairperson and a vice-chairperson.
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| (b) Terms for all members shall be for 3 years. A | 20 |
| member shall serve until his or her successor is appointed | 21 |
| and qualified. Partial terms over 2
years in length shall | 22 |
| be considered as full terms. A member may be
reappointed | 23 |
| for a successive term, but no member shall serve more than | 24 |
| 2 full
terms.
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| (c) The membership of the Board should reasonably |
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| reflect representation
from the various geographic areas | 2 |
| of the State.
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| (d) In making appointments to the Board, the Secretary
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| Director shall give due
consideration to recommendations | 5 |
| by organizations of the speech-language
pathology and | 6 |
| audiology professions in Illinois, including the Illinois
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| Speech-Language-Hearing Association and the Illinois | 8 |
| Academy of Audiology, and shall promptly give due notice to
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| such organizations of any vacancy in the membership of the | 10 |
| Board. The Secretary
Director may terminate the | 11 |
| appointment of any member for any cause, which
in the | 12 |
| opinion of the Secretary
Director , reasonably justifies | 13 |
| such termination.
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| (e) A majority of the Board members currently appointed | 15 |
| shall constitute
a
quorum. A vacancy in the membership of | 16 |
| the Board shall not impair the right
of a quorum to | 17 |
| exercise all the rights and perform all the duties of the | 18 |
| Board.
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| (f) The members of the Board may
shall each receive as | 20 |
| compensation a
reasonable sum as determined by the | 21 |
| Secretary
Director for each day actually engaged
in the | 22 |
| duties of the office, and all legitimate and necessary | 23 |
| expenses
incurred in attending the meetings of the Board.
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| (g) Members of the Board shall be immune from suit in | 25 |
| any action based
upon any disciplinary proceedings or other | 26 |
| activities performed in good
faith as members of the Board.
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| (h) The Secretary
Director may consider the | 2 |
| recommendations of the Board in
establishing guidelines | 3 |
| for professional conduct, the conduct of formal
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| disciplinary proceedings brought under this Act, and
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| qualifications of applicants. Notice of proposed | 6 |
| rulemaking
shall be transmitted to the Board and the | 7 |
| Department shall review the response
of the Board and any | 8 |
| recommendations made in the response. The Department, at
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| any time, may seek the expert advice and knowledge of the | 10 |
| Board on any matter
relating to the administration or | 11 |
| enforcement of this Act.
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| (i) Whenever the Secretary
Director is satisfied that | 13 |
| substantial justice has not
been done either in an | 14 |
| examination or in the revocation, suspension, or refusal
of | 15 |
| a license, or other disciplinary action relating to a | 16 |
| license, the Secretary
Director
may order a
reexamination | 17 |
| or rehearing.
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| (Source: P.A. 94-528, eff. 8-10-05.)
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| (225 ILCS 110/7) (from Ch. 111, par. 7907)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 7. Licensure requirement.
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| (a) Except as provided in subsection (b), on or after June | 23 |
| 1, 1989, no
person shall practice speech-language pathology or | 24 |
| audiology without first
applying for and obtaining a license | 25 |
| for such purpose from the Department.
Except as provided in |
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| this Section, on or after January 1, 2002, no person
shall | 2 |
| perform the functions and duties of a speech-language pathology | 3 |
| assistant
without first applying for and obtaining a license | 4 |
| for that purpose from the
Department.
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| (b) A person holding a regular license to practice | 6 |
| speech-language
pathology or audiology under the laws of | 7 |
| another state, a territory of the
United States, or the | 8 |
| District of Columbia who has made application to the
Department | 9 |
| for a license to practice speech-language pathology or | 10 |
| audiology may
practice speech-language pathology or audiology | 11 |
| without a license for 90 days
from the date of application or | 12 |
| until disposition of the license application by
the Department, | 13 |
| whichever is sooner, if the person (i) holds a Certificate of
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| Clinical Competence from the American Speech-Language-Hearing | 15 |
| Association in
speech-language pathology or audiology or, in | 16 |
| the case of an audiologist, a
certificate from the American | 17 |
| Board of Audiology and (ii) has not been
disciplined and has no | 18 |
| disciplinary matters pending in a state, a territory, or
the | 19 |
| District of Columbia.
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| A person applying for an initial license to practice | 21 |
| audiology who is a recent graduate of a Department-approved | 22 |
| audiology program may practice as an audiologist for a period | 23 |
| of 60 days after the date of application or until disposition | 24 |
| of the license application by the Department, whichever is | 25 |
| sooner, provided that he or she meets the applicable | 26 |
| requirements of Section 8 of this Act.
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| (Source: P.A. 92-510, eff. 6-1-02; 93-112, eff. 1-1-04.)
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| (225 ILCS 110/8) (from Ch. 111, par. 7908)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 8. Qualifications for licenses to practice | 5 |
| speech-language pathology
or audiology.
The Department shall | 6 |
| require that each applicant for a license to practice
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| speech-language pathology or audiology shall:
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| (a) (Blank);
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| (b) be at least 21 years of age;
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| (c) not have violated any provisions of Section 16 of | 11 |
| this
Act;
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| (d) for a license as a speech-language pathologist, | 13 |
| present satisfactory evidence of receiving a master's
or | 14 |
| doctoral degree in
speech-language pathology or audiology | 15 |
| from a program approved by the
Department. Nothing in this | 16 |
| Act shall be construed to prevent any program
from | 17 |
| establishing higher standards than specified in this Act;
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| (d-5) for a license as an audiologist, present | 19 |
| satisfactory evidence of having received a master's or | 20 |
| doctoral degree in audiology from a program approved by the | 21 |
| Department; however, an applicant for licensure as an | 22 |
| audiologist whose degree was conferred on or after January | 23 |
| 1, 2008, must present satisfactory evidence of having | 24 |
| received a doctoral degree in audiology from a program | 25 |
| approved by the Department;
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| (e) pass a national examination recognized by the | 2 |
| Department in the
theory and
practice of the profession;
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| (f) for a license as a speech-language pathologist,
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| have completed the equivalent of 9 months of
supervised | 5 |
| experience; and
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| (g) for a license as an audiologist, have completed a | 7 |
| minimum of 1,500 clock hours of supervised experience or | 8 |
| present evidence of a Doctor of Audiology (AuD) degree .
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| Applicants have 3 years from the date of application to | 10 |
| complete the
application process. If the process has not been | 11 |
| completed within 3 years, the
application shall be denied, the | 12 |
| fee shall be forfeited, and the applicant must
reapply
and meet | 13 |
| the requirements in effect at the time of reapplication.
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| (Source: P.A. 94-528, eff. 8-10-05.)
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| (225 ILCS 110/8.5)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 8.5. Qualifications for licenses as a speech-language | 18 |
| pathology
assistant. (a) A person is qualified to be licensed | 19 |
| as a speech-language
pathology assistant if that person has | 20 |
| applied in writing on forms prescribed
by the Department, has | 21 |
| paid the required fees, and meets both of the following
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| criteria:
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| (1) Is of good moral character. In determining moral | 24 |
| character, the
Department
may take into consideration any | 25 |
| felony conviction or plea of guilty or nolo contendere of |
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| the
applicant, but such a conviction or plea shall not | 2 |
| operate automatically as a complete
bar to licensure.
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| (2) Has received an associate degree from a | 4 |
| speech-language pathology
assistant
program that has been | 5 |
| approved by the Department and
that meets the minimum | 6 |
| requirements set forth in Section 8.6 or has received, | 7 |
| prior to June 1, 2003, an associate degree from a | 8 |
| speech-language pathology assistant program approved by | 9 |
| the Illinois Community College Board. (b) Until July 1, | 10 |
| 2005, a person holding a bachelor's level degree in
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| communication disorders who was employed to assist a | 12 |
| speech-language
pathologist on June 1, 2002 (the effective | 13 |
| date of P.A. 92-510) shall be eligible to receive a license | 14 |
| as a speech-language pathology
assistant from the | 15 |
| Department upon completion of forms prescribed by the
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| Department and the payment of the required fee .
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| (Source: P.A. 93-1060, eff. 12-23-04; 94-869, eff. 6-16-06.)
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| (225 ILCS 110/10) (from Ch. 111, par. 7910)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10. Roster
List of speech-language pathologists and | 21 |
| audiologists. The
Department shall maintain a roster
list of | 22 |
| the names and addresses of the
speech-language pathologists, | 23 |
| speech-language pathology assistants, and
audiologists. Such
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| lists shall also be mailed by the Department to any person upon | 25 |
| request and
payment of the required fee.
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| (Source: P.A. 92-510, eff. 6-1-02.)
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| (225 ILCS 110/11) (from Ch. 111, par. 7911)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 11. Expiration, renewal and restoration of licenses.
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| (a) The
expiration date and renewal period for each license | 6 |
| issued under this Act
shall be set by rule. A speech-language | 7 |
| pathologist, speech-language
pathology assistant, or
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| audiologist may renew such license during the month preceding | 9 |
| the
expiration date thereof by paying the required fee.
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| (a-5) All renewal applicants shall provide proof as | 11 |
| determined by the Department of having met the
continuing | 12 |
| education requirements set forth in the rules of the | 13 |
| Department.
At a minimum, the rules shall require a renewal | 14 |
| applicant for licensure as a
speech-language pathologist or | 15 |
| audiologist to provide proof of
completing at least 20 clock | 16 |
| hours of continuing education during the
2-year
licensing cycle | 17 |
| for which he or she is currently licensed.
An audiologist who | 18 |
| has met the continuing education requirements of the Hearing
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| Instrument Consumer Protection Act during an equivalent | 20 |
| licensing cycle under
this Act shall be deemed to have met the | 21 |
| continuing education requirements of
this Act.
At a minimum, | 22 |
| the rules shall require a renewal applicant for licensure as a
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| 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 a |
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| license.
The
Department shall provide by rule for an orderly | 2 |
| process for the
reinstatement of licenses that have not been | 3 |
| renewed for failure to
meet the continuing education | 4 |
| requirements. The continuing education
requirements may be | 5 |
| waived in cases of extreme hardship as defined by rule
of the | 6 |
| Department.
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| The Department shall establish by rule a means for the | 8 |
| verification of
completion of the continuing education | 9 |
| required by this Section. This
verification may be accomplished | 10 |
| through audits of records maintained by
licensees, by requiring | 11 |
| the filing of continuing education certificates
with the | 12 |
| Department, or by other means established by the Department.
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| (b) Inactive status.
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| (1) Any licensee who notifies the Department in
writing | 15 |
| on forms prescribed by the Department may elect to place | 16 |
| his or
her
license on an inactive status and shall, subject | 17 |
| to rules of the
Department, be excused from payment of | 18 |
| renewal fees until he or she
notifies the
Department in | 19 |
| writing of his or her desire to resume active
status.
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| (2) Any
licensee requesting restoration from inactive | 21 |
| status shall be required
to (i)
pay the current renewal | 22 |
| fee; and
(ii) demonstrate that he or she has completed a | 23 |
| minimum
obtained the equivalent of 20 hours
of continuing | 24 |
| education and met any additional continuing education | 25 |
| requirements established by the Department by rule
if the | 26 |
| licensee has been inactive for 5 years or
more .
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| (3) Any licensee whose license is in an inactive status | 2 |
| shall not practice
in the State of Illinois without first | 3 |
| restoring his or her license.
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| (4) Any licensee who shall engage in the
practice while | 5 |
| the license is lapsed or inactive shall be considered to
be | 6 |
| practicing without a license which shall be grounds for | 7 |
| discipline under
Section 16 of this Act.
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| (c) Any speech-language pathologist, speech-language | 9 |
| pathology
assistant, or audiologist whose license has
expired | 10 |
| may have his or her license restored at any time within 5 years
| 11 |
| after the
expiration thereof, upon payment of the required fee.
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| (d) Any person whose license has been expired or inactive
| 13 |
| for 5 years or
more may
have his or her license restored by | 14 |
| making application to the Department
and
filing proof | 15 |
| acceptable to the Department of his or her fitness to have his
| 16 |
| or her
license restored, including sworn evidence certifying to | 17 |
| active lawful
practice in another jurisdiction, and by paying | 18 |
| the required restoration
fee. A person practicing on an expired | 19 |
| license is deemed to be practicing
without a license.
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| (e) If a person whose license has expired has not | 21 |
| maintained active
practice in another jurisdiction, the | 22 |
| Department shall determine, by an
evaluation process | 23 |
| established by rule, his or her fitness to resume active
status
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| and may require the person to complete a period of evaluated | 25 |
| clinical
experience, and may require successful completion of | 26 |
| an examination.
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| (f) Any person whose license has expired while he or she | 2 |
| has been
engaged (1) in
federal or State service on active | 3 |
| duty, or (2) in training or education
under
the supervision of | 4 |
| the United States preliminary to induction into the
military | 5 |
| service, may have his or her license restored without paying | 6 |
| any
lapsed
renewal or restoration fee, if within 2 years after | 7 |
| termination of such
service, training or education he or she | 8 |
| furnishes the Department with
satisfactory proof that he or she | 9 |
| has been so engaged and that his or
her service,
training or | 10 |
| education has been so terminated.
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| (Source: P.A. 92-510, eff. 6-1-02.)
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| (225 ILCS 110/13) (from Ch. 111, par. 7913)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 13. Licensing applicants from other states.
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| Upon payment of the required fee, an applicant who is a | 16 |
| speech-language
pathologist, speech-language pathology | 17 |
| assistant, or audiologist licensed
under the laws of
another | 18 |
| state or territory of the United States, may
shall without | 19 |
| examination
be granted a license as a speech-language | 20 |
| pathologist, speech-language
pathology assistant, or | 21 |
| audiologist by the
Department:
| 22 |
| (a) whenever the requirements of such state or territory of | 23 |
| the United
States were at the date of licensure substantially | 24 |
| equal to the requirements
then in force in this State; or
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| (b) whenever such requirements of another state or |
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| territory of the
United States together with educational and | 2 |
| professional qualifications, as
distinguished from practical | 3 |
| experience, of the applicant since obtaining a
license as | 4 |
| speech-language pathologist, speech-language pathology
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| assistant, or audiologist in such state or
territory of the | 6 |
| United States are substantially equal to the requirements
in | 7 |
| force in Illinois at the time of application for licensure as a
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| speech-language pathologist, speech-language pathology | 9 |
| assistant, or
audiologist.
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| Applicants have 3 years from the date of application to | 11 |
| complete the
application process. If the process has not been | 12 |
| completed within 3 years, the
application shall be denied, the | 13 |
| fee shall be forfeited, and the applicant must
reapply
and meet | 14 |
| the requirements in effect at the time of reapplication.
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| (Source: P.A. 92-510, eff. 6-1-02.)
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| (225 ILCS 110/15) (from Ch. 111, par. 7915)
| 17 |
| (Section scheduled to be repealed on January 1, 2008)
| 18 |
| Sec. 15. Returned checks; Penalties. Any person who | 19 |
| delivers a check or other payment to the Department that
is | 20 |
| returned to the Department unpaid by the financial institution | 21 |
| upon
which it is drawn shall pay to the Department, in addition | 22 |
| to the amount
already owed to the Department, a fine of $50. | 23 |
| The fines imposed by this
Section are in addition
to any other | 24 |
| discipline provided under this Act for unlicensed
practice or | 25 |
| practice on a nonrenewed license. The Department shall notify
|
|
|
|
HB0121 Enrolled |
- 17 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| the person that payment of fees and fines shall be paid to the | 2 |
| Department
by certified check or money order within 30 calendar | 3 |
| days of the
notification. If, after the expiration of 30 days | 4 |
| from the date of the
notification, the person has failed to | 5 |
| submit the necessary remittance, the
Department shall | 6 |
| automatically terminate the license or certificate or deny
the | 7 |
| application, without hearing. If, after termination or denial, | 8 |
| the
person seeks a license or certificate, he or she shall | 9 |
| apply to the
Department for restoration or issuance of the | 10 |
| license or certificate and
pay all fees and fines due to the | 11 |
| Department. The Department may establish
a fee for the | 12 |
| processing of an application for restoration of a license or
| 13 |
| certificate to pay all expenses of processing this application. | 14 |
| The Secretary
Director
may waive the fines due under this | 15 |
| Section in individual cases where the Secretary
Director finds | 16 |
| that the fines would be unreasonable or unnecessarily
| 17 |
| burdensome.
| 18 |
| (Source: P.A. 92-146, eff. 1-1-02.)
| 19 |
| (225 ILCS 110/16) (from Ch. 111, par. 7916)
| 20 |
| (Section scheduled to be repealed on January 1, 2008)
| 21 |
| Sec. 16. Refusal, revocation or suspension of licenses.
| 22 |
| (1) The Department may refuse to issue or renew, or may | 23 |
| revoke, suspend,
place on probation, censure, reprimand or take | 24 |
| other disciplinary or non-disciplinary action as
the | 25 |
| Department may deem proper, including fines not to exceed |
|
|
|
HB0121 Enrolled |
- 18 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| $10,000
$5,000 for
each violation, with regard to any license | 2 |
| for any one or
combination of the following causes:
| 3 |
| (a) Fraud in procuring the license.
| 4 |
| (b) (Blank).
Habitual intoxication or addiction to the | 5 |
| use of drugs.
| 6 |
| (c) Willful or repeated violations of the rules of the | 7 |
| Department of
Public Health.
| 8 |
| (d) Division of fees or agreeing to split or divide the | 9 |
| fees received
for speech-language pathology or audiology | 10 |
| services with any person for
referring an individual, or | 11 |
| assisting in the care or treatment of an
individual, | 12 |
| without the knowledge of the individual or his or her legal
| 13 |
| representative.
| 14 |
| (e) Employing, procuring, inducing, aiding or abetting | 15 |
| a person not
licensed as a speech-language pathologist or | 16 |
| audiologist to engage in the
unauthorized practice of | 17 |
| speech-language pathology or audiology.
| 18 |
| (e-5) Employing, procuring, inducing, aiding, or | 19 |
| abetting a person not
licensed as a speech-language | 20 |
| pathology assistant to perform the
functions and duties of | 21 |
| a speech-language pathology assistant.
| 22 |
| (f) Making any misrepresentations or false promises, | 23 |
| directly or
indirectly, to influence, persuade or induce | 24 |
| patronage.
| 25 |
| (g) Professional connection or association with, or | 26 |
| lending his or her
name to
another for the illegal practice |
|
|
|
HB0121 Enrolled |
- 19 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| of speech-language pathology or audiology
by another, or | 2 |
| professional connection or association with any person, | 3 |
| firm
or corporation holding itself out in any manner | 4 |
| contrary to this Act.
| 5 |
| (h) Obtaining or seeking to obtain checks, money, or | 6 |
| any other things
of value by false or fraudulent | 7 |
| representations, including but not limited
to, engaging in | 8 |
| such fraudulent practice to defraud the medical assistance
| 9 |
| program of the Department of Healthcare and Family Services | 10 |
| (formerly Department of Public Aid ) .
| 11 |
| (i) Practicing under a name other than his or her own.
| 12 |
| (j) Improper, unprofessional or dishonorable conduct | 13 |
| of a character likely
to deceive, defraud or harm the | 14 |
| public.
| 15 |
| (k) Conviction of or entry of a plea of guilty or nolo | 16 |
| contendere to any crime that
in this or another state of | 17 |
| any crime which is a felony
under the laws of the United | 18 |
| States or any state or territory thereof, or that is a | 19 |
| misdemeanor of which an essential element is dishonesty, or | 20 |
| that is directly related to the practice of the profession
| 21 |
| this State or conviction of a felony in a federal court,
if | 22 |
| the Department determines, after investigation, that such | 23 |
| person has
not been sufficiently rehabilitated to warrant | 24 |
| the public trust .
| 25 |
| (1) Permitting a person under his or her supervision to | 26 |
| perform any
function
not authorized by this Act.
|
|
|
|
HB0121 Enrolled |
- 20 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| (m) A violation of any provision of this Act or rules | 2 |
| promulgated
thereunder.
| 3 |
| (n) Discipline
Revocation by another state, the | 4 |
| District of Columbia, territory, or
foreign nation of a | 5 |
| license to practice speech-language pathology or audiology
| 6 |
| or a license to practice as a speech-language pathology | 7 |
| assistant in its
jurisdiction if at least one of the | 8 |
| grounds for that discipline
revocation is the
same as or | 9 |
| the equivalent of one of the grounds for discipline
| 10 |
| revocation set forth
herein.
| 11 |
| (o) Willfully failing to report an instance of | 12 |
| suspected child abuse or
neglect as required by the Abused | 13 |
| and Neglected Child Reporting Act.
| 14 |
| (p) Gross or repeated malpractice resulting in injury | 15 |
| or death of an
individual .
| 16 |
| (q) Willfully making or filing false records or reports | 17 |
| in his or her
practice
as a speech-language pathologist, | 18 |
| speech-language pathology assistant, or
audiologist, | 19 |
| including, but not limited
to, false records to support | 20 |
| claims against the public assistance program
of the | 21 |
| Department of Healthcare and Family Services (formerly
| 22 |
| Illinois Department of Public Aid ) .
| 23 |
| (r) Professional incompetence as manifested by poor | 24 |
| standards of care or
mental incompetence as declared by a | 25 |
| court of competent jurisdiction.
| 26 |
| (s) Repeated irregularities in billing a third party |
|
|
|
HB0121 Enrolled |
- 21 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| for services
rendered to an individual. For purposes of | 2 |
| this Section, "irregularities
in billing" shall include:
| 3 |
| (i) reporting excessive charges for the purpose of | 4 |
| obtaining a total
payment in excess of that usually | 5 |
| received by the speech-language
pathologist, | 6 |
| speech-language pathology assistant, or audiologist | 7 |
| for the
services rendered;
| 8 |
| (ii) reporting charges for services not rendered; | 9 |
| or
| 10 |
| (iii) incorrectly reporting services rendered for | 11 |
| the purpose of
obtaining payment not earned.
| 12 |
| (t) (Blank).
| 13 |
| (u) Violation of the Health Care Worker Self-Referral | 14 |
| Act.
| 15 |
| (v) Inability
Physical illness, including but not | 16 |
| limited to deterioration
through the aging process or loss | 17 |
| of motor skill, mental illness, or
disability that results | 18 |
| in the inability to practice the profession with
reasonable | 19 |
| judgment, skill, or safety as a result of habitual or | 20 |
| excessive use of or addiction to alcohol, narcotics, or | 21 |
| stimulants or any other chemical agent or drug or as a | 22 |
| result of physical illness, including, but not limited to, | 23 |
| deterioration through the aging process or loss of motor | 24 |
| skill, mental illness, or disability .
| 25 |
| (w) Violation of the Hearing Instrument Consumer | 26 |
| Protection Act.
|
|
|
|
HB0121 Enrolled |
- 22 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| (x) Failure by a speech-language pathology assistant | 2 |
| and supervising
speech-language pathologist to comply with | 3 |
| the supervision
requirements set forth in Section 8.8.
| 4 |
| (y) Wilfully exceeding the scope of duties customarily | 5 |
| undertaken by
speech-language pathology assistants set | 6 |
| forth in Section 8.7
that results in, or may result in, | 7 |
| harm to the public.
| 8 |
| (2) The Department shall deny a license or renewal | 9 |
| authorized by this
Act to any person who has defaulted on an | 10 |
| educational loan guaranteed by
the Illinois State Scholarship | 11 |
| Commission; however, the Department may
issue a license or | 12 |
| renewal if the aforementioned persons have established a
| 13 |
| satisfactory repayment record as determined by the Illinois | 14 |
| State
Scholarship Commission.
| 15 |
| (3) The entry of an order by a circuit court establishing | 16 |
| that any
person holding a license under this Act is subject to | 17 |
| involuntary admission or
judicial admission as provided for in | 18 |
| the Mental Health and Developmental
Disabilities Code, | 19 |
| operates as an automatic suspension of that license. That
| 20 |
| person may have his or her license restored only upon the | 21 |
| determination by a
circuit court that the patient is no longer | 22 |
| subject to involuntary admission or
judicial admission and the | 23 |
| issuance of an order so finding and discharging the
patient, | 24 |
| and upon the Board's recommendation to the Department that the | 25 |
| license
be restored. Where the circumstances so indicate, the | 26 |
| Board may recommend to
the Department that it require an |
|
|
|
HB0121 Enrolled |
- 23 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| examination prior to restoring any license
automatically | 2 |
| suspended under this subsection.
| 3 |
| (4) The Department may refuse to issue or may suspend the | 4 |
| license of any
person who fails to file a return, or to pay the | 5 |
| tax, penalty, or interest
shown
in a filed return, or to pay | 6 |
| any final assessment of the tax penalty or
interest, as | 7 |
| required by any tax Act administered by the Department of
| 8 |
| Revenue, until such time as the requirements of any such tax | 9 |
| Act are
satisfied.
| 10 |
| (5) In enforcing this Section, the Board upon a showing of | 11 |
| a possible
violation may compel an individual licensed to | 12 |
| practice under this Act, or
who has applied for licensure | 13 |
| pursuant to this Act, to submit
to a mental or physical | 14 |
| examination, or both, as required by and at the expense
of the | 15 |
| Department. The examining physicians or clinical psychologists
| 16 |
| shall be those specifically designated by the Board.
The | 17 |
| individual to be examined may have, at his or her own expense, | 18 |
| another
physician or clinical psychologist of his or her choice | 19 |
| present during all
aspects of this examination. Failure of any | 20 |
| individual to submit to a mental
or
physical examination, when | 21 |
| directed, shall be grounds for suspension of his or
her
license | 22 |
| until the individual submits to the examination if the Board | 23 |
| finds,
after notice and hearing, that the refusal to submit to | 24 |
| the examination was
without reasonable cause.
| 25 |
| If the Board finds an individual unable to practice because | 26 |
| of the reasons
set forth in this Section, the Board may require |
|
|
|
HB0121 Enrolled |
- 24 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| that individual to submit to
care, counseling, or treatment by | 2 |
| physicians or clinical psychologists approved
or designated by | 3 |
| the Board, as a condition, term, or restriction for continued,
| 4 |
| reinstated, or
renewed licensure to practice; or, in lieu of | 5 |
| care, counseling, or treatment,
the
Board may recommend to the | 6 |
| Department to file a complaint to immediately
suspend, revoke, | 7 |
| or otherwise discipline the license of the individual.
Any | 8 |
| individual whose
license was granted, continued, reinstated, | 9 |
| renewed, disciplined or supervised
subject to such terms, | 10 |
| conditions, or restrictions, and who fails to comply
with
such | 11 |
| terms, conditions, or restrictions, shall be referred to the | 12 |
| Secretary
Director for
a
determination as to whether the | 13 |
| individual shall have his or her license
suspended immediately, | 14 |
| pending a hearing by the Board.
| 15 |
| In instances in which the Secretary
Director immediately | 16 |
| suspends a person's license
under this Section, a hearing on | 17 |
| that person's license must be convened by
the Board within 15 | 18 |
| days after the suspension and completed without appreciable
| 19 |
| delay.
The Board shall have the authority to review the subject | 20 |
| individual's record of
treatment and counseling regarding the | 21 |
| impairment to the extent permitted by
applicable federal | 22 |
| statutes and regulations safeguarding the confidentiality of
| 23 |
| medical records.
| 24 |
| An individual licensed under this Act and affected under | 25 |
| this Section shall
be
afforded an opportunity to demonstrate to | 26 |
| the Board that he or she can resume
practice in compliance with |
|
|
|
HB0121 Enrolled |
- 25 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| acceptable and prevailing standards under the
provisions of his | 2 |
| or her license.
| 3 |
| (Source: P.A. 91-949, eff. 2-9-01; 92-510, eff. 6-1-02; revised | 4 |
| 12-15-05.)
| 5 |
| (225 ILCS 110/17) (from Ch. 111, par. 7917)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 17. Investigations; notice ; hearings
of hearing . | 8 |
| Licenses may be refused, revoked, or suspended in the manner | 9 |
| provided by this Act and not otherwise. The Department may upon | 10 |
| its own motion and shall upon the verified complaint in writing | 11 |
| of any person setting forth facts that if proven would | 12 |
| constitute grounds for refusal to issue, suspend, or revoke | 13 |
| under this Act, investigate the actions of any person applying | 14 |
| for, holding, or claiming to hold a license.
| 15 |
| The Department shall, before refusing to issue or renew or | 16 |
| suspending or revoking any license or taking other disciplinary | 17 |
| action pursuant to Section 16 of this Act, and at least 30 days | 18 |
| prior to the date set for the hearing, notify, in writing, the | 19 |
| applicant for or the holder of such license of any charges | 20 |
| made, afford the accused person an opportunity to be heard in | 21 |
| person or by counsel in reference thereto, and direct the | 22 |
| applicant or licensee to file a written answer to the Board | 23 |
| under oath within 20 days after the service of the notice and | 24 |
| inform the applicant or licensee that failure to file an answer | 25 |
| will result in default being taken against the applicant or |
|
|
|
HB0121 Enrolled |
- 26 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| licensee and that the license or certificate may be suspended, | 2 |
| revoked, placed on probationary status, or other disciplinary | 3 |
| action may be taken, including limiting the scope, nature, or | 4 |
| extent of practice, as the Secretary may deem proper. Written | 5 |
| notice may be served by delivery of the same personally to the | 6 |
| accused person or by mailing the same by certified mail to his | 7 |
| or her last known place of residence or to the place of | 8 |
| business last specified by the accused person in his or her | 9 |
| last notification to the Department. In case the person fails | 10 |
| to file an answer after receiving notice, his or her license or | 11 |
| certificate may, in the discretion of the Department, be | 12 |
| suspended, revoked, or placed on probationary status or the | 13 |
| Department may take whatever disciplinary action deemed | 14 |
| proper, including limiting the scope, nature, or extent of the | 15 |
| person's practice or the imposition of a fine, without a | 16 |
| hearing, if the act or acts charged constitute sufficient | 17 |
| grounds for such action under this Act. | 18 |
| At the time and place fixed in the notice, the Board shall | 19 |
| proceed to hearing of the charges and both the accused person | 20 |
| and the complainant shall be accorded ample opportunity to | 21 |
| present, in person or by counsel, any statements, testimony, | 22 |
| evidence, and arguments as may be pertinent to the charges or | 23 |
| to their defense. The Board may continue such hearing from time | 24 |
| to time. If the Board is not sitting at the time and place | 25 |
| fixed in the notice or at the time and place to which the | 26 |
| hearing shall have been continued, the Department shall |
|
|
|
HB0121 Enrolled |
- 27 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| continue such hearing for a period not to exceed 30 days.
Upon | 2 |
| the motion of
either the Department or the Board or upon the | 3 |
| verified complaint in
writing of any person setting forth facts | 4 |
| that if proven would
constitute
grounds for refusal to issue, | 5 |
| suspension, or revocation of a license
or for taking any
other | 6 |
| disciplinary action with regard to a license under this
Act,
| 7 |
| the Department shall investigate the actions of any person,
| 8 |
| hereinafter called
the "licensee", who holds or represents that | 9 |
| he or she holds a license.
All such
motions or complaints shall | 10 |
| be brought to the Board.
| 11 |
|
The Director shall, before refusing to issue, suspending, | 12 |
| revoking,
placing on probationary
status, or taking any other | 13 |
| disciplinary action as the Director may deem
proper with regard | 14 |
| to any license, at least 30 days prior to the date set
for the | 15 |
| hearing, notify the licensee in writing of any charges made and | 16 |
| the
time and place for a hearing of the charges before the | 17 |
| Board. The Board
shall also direct him to
file his or her | 18 |
| written answer thereto with the Board under oath
within 20 days | 19 |
| after the service on him of such notice, and inform him that
if | 20 |
| he or she fails to file such answer, his or her license may be
| 21 |
| suspended, revoked,
placed on probationary status or other | 22 |
| disciplinary action may be taken
with regard thereto, including | 23 |
| limiting the scope, nature or extent of his
or her practice as | 24 |
| the Director may deem proper.
| 25 |
|
Such written notice and any notice in such proceeding | 26 |
| thereafter may be
served by delivery personally to the |
|
|
|
HB0121 Enrolled |
- 28 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| licensee, or by registered or
certified mail to the address | 2 |
| specified by the licensee in
his or her last notification to | 3 |
| the Director.
| 4 |
| (Source: P.A. 90-69, eff. 7-8-97.)
| 5 |
| (225 ILCS 110/18) (from Ch. 111, par. 7918)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 18. Temporary suspension of license
Disciplinary | 8 |
| actions . (a) In case the licensee, after
receiving notice, | 9 |
| fails to file an answer, his or her license may, in the
| 10 |
| discretion of the Director, having first received the | 11 |
| recommendation of the
Board, be suspended, revoked, placed on | 12 |
| probationary status or the
Director may take whatever | 13 |
| disciplinary action he or she may deem proper,
including | 14 |
| limiting the scope, nature, or extent of the person's practice | 15 |
| or
the imposition of a fine, without a hearing, if the act or | 16 |
| acts charged
constitute sufficient grounds for such action | 17 |
| under this Act. (b) The Secretary
Director may temporarily | 18 |
| suspend the license of a
speech-language pathologist, | 19 |
| speech-language pathology assistant, or
audiologist without a | 20 |
| hearing, simultaneous
to the institution of proceedings for a | 21 |
| hearing under this Act, if the Secretary
Director finds that | 22 |
| evidence in his or her possession indicates that a
| 23 |
| speech-language pathologist's, speech-language pathology | 24 |
| assistant's, or
an audiologist's continuation in practice | 25 |
| would
constitute an immediate danger to the public. In the |
|
|
|
HB0121 Enrolled |
- 29 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| event that the Secretary
Director temporarily suspends the | 2 |
| license of a speech-language pathologist,
speech-language | 3 |
| pathology assistant, or audiologist without a hearing, a
| 4 |
| hearing by the Board must be
held within 15 days after such | 5 |
| suspension has occurred and concluded without
appreciable | 6 |
| delay.
| 7 |
| (Source: P.A. 92-510, eff. 6-1-02.)
| 8 |
| (225 ILCS 110/19) (from Ch. 111, par. 7919)
| 9 |
| (Section scheduled to be repealed on January 1, 2008)
| 10 |
| Sec. 19. Subpoenas; depositions; oaths
Hearings . At the | 11 |
| time and place fixed in the notice under
Section 17, the Board | 12 |
| shall proceed to hear the charges and both the
licensee and the | 13 |
| complainant shall be accorded ample opportunity
to present in | 14 |
| person, or by counsel, such statements, testimony, evidence
and | 15 |
| arguments as may be pertinent to the charges or to any defense | 16 |
| thereto.
The Board may continue such hearing from time to time. | 17 |
| If the Board is not
sitting at the time and place fixed in the | 18 |
| notice or at the time and place
to which the hearing has been | 19 |
| continued, the Department shall continue such
hearing for a | 20 |
| period not to exceed 30 days.
| 21 |
| The Board and Department has the
shall have power to | 22 |
| subpoena documents, books, records, or other materials and | 23 |
| bring before
it
the Board any person in this State and to take | 24 |
| testimony either orally or
by deposition, or both, with the | 25 |
| same fees and mileage and in the same
manner as is prescribed |
|
|
|
HB0121 Enrolled |
- 30 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| in civil cases in the courts of this State
by law pursuant to | 2 |
| "An Act concerning fees and
salaries, and to classify the | 3 |
| several counties of this State with reference
thereto", | 4 |
| approved March 28, 1874, as amended .
| 5 |
| The Secretary, the designated hearing officer,
Director
| 6 |
| and every
any member of the Board has the
shall have power to | 7 |
| administer
oaths to witnesses at any hearing that
which the | 8 |
| Department or Board is authorized by law to
conduct and any | 9 |
| other oaths authorized in any Act administered by the | 10 |
| Department .
| 11 |
| (Source: P.A. 85-1391.)
| 12 |
| (225 ILCS 110/20) (from Ch. 111, par. 7920)
| 13 |
| (Section scheduled to be repealed on January 1, 2008)
| 14 |
| Sec. 20. Attendance of Witnesses, Production of Documents. | 15 |
| Any
circuit court, upon the application of the licensee or | 16 |
| complainant or of
the Department or designated hearing officer
| 17 |
| or Board , may enter an order requiring the attendance of | 18 |
| witnesses and their testimony and the
production of documents, | 19 |
| papers, files, books, and records in connection with any | 20 |
| hearing or investigation
relevant books and papers before the | 21 |
| Board in any hearing
relative to the application for or | 22 |
| refusal, recall, suspension or
revocation of a license . The | 23 |
| court may compel obedience to its order by
proceedings for | 24 |
| contempt.
| 25 |
| (Source: P.A. 85-1391.)
|
|
|
|
HB0121 Enrolled |
- 31 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| (225 ILCS 110/21) (from Ch. 111, par. 7921)
| 2 |
| (Section scheduled to be repealed on January 1, 2008)
| 3 |
| Sec. 21. Findings and recommendations
Recommendations for | 4 |
| disciplinary action . At the conclusion of a hearing, the Board | 5 |
| shall present to the Secretary a written report of its findings | 6 |
| of fact, conclusions of law, and recommendations. The report | 7 |
| shall contain a finding of whether or not the accused person | 8 |
| violated this Act or its rules or failed to comply with the | 9 |
| conditions required in this Act or its rules. The Board shall | 10 |
| specify the nature of any violations or failure to comply and | 11 |
| shall make its recommendations to the Secretary. | 12 |
| In making recommendations for any disciplinary actions, | 13 |
| the Board may take into consideration all facts and | 14 |
| circumstances bearing upon the reasonableness of the conduct of | 15 |
| the accused and the potential for future harm to the public, | 16 |
| including, but not limited to, previous discipline of the | 17 |
| accused by the Department, intent, degree of harm to the | 18 |
| public, likelihood of harm in the future, any restitution made | 19 |
| by the accused, and whether the incident or incidents contained | 20 |
| in the complaint appear to be isolated or represent a | 21 |
| continuing pattern of conduct. In making its recommendations | 22 |
| for discipline, the Board shall endeavor to ensure that the | 23 |
| severity of the discipline recommended is reasonably related to | 24 |
| the severity of the violation. | 25 |
| The report of findings of fact, conclusions of law, and |
|
|
|
HB0121 Enrolled |
- 32 - |
LRB095 03939 RAS 23972 b |
|
| 1 |
| recommendations of the Board shall be the basis for the | 2 |
| Department's order refusing to issue, restore, or renew a | 3 |
| license, or otherwise disciplining a licensee. If the Secretary | 4 |
| disagrees with the recommendations of the Board, the Secretary | 5 |
| may issue an order in contravention of the Board | 6 |
| recommendations. Board findings are not admissible as evidence | 7 |
| against the person in a criminal prosecution brought for a | 8 |
| violation of this Act; however, the hearing and findings shall | 9 |
| not serve as a bar to criminal prosecution brought for a | 10 |
| violation of this Act.
The Board may advise the
Director that | 11 |
| probation be granted or
that other disciplinary action, | 12 |
| including the limitation of the scope,
nature or extent of a | 13 |
| person's practice, be taken, as it deems proper. If
| 14 |
| disciplinary action other than suspension or revocation is | 15 |
| taken, the Board
may advise the Director to impose reasonable | 16 |
| limitations and requirements
upon the licensee to insure | 17 |
| compliance with the terms of the probation or
other | 18 |
| disciplinary action, including, but not limited to, regular | 19 |
| reporting
by the licensee to the Director of his or her | 20 |
| actions, or the licensee
placing
himself under the care of a | 21 |
| qualified physician for treatment or limiting
his or her | 22 |
| practice in such manner as the Director may require.
| 23 |
| The Board shall present to the Director a written report of | 24 |
| its findings
and recommendations. A copy of such report shall | 25 |
| be served upon the
licensee, either personally or by registered | 26 |
| or certified mail. Within 20
days after such service, the |
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| licensee may present to the Department his
or her motion in | 2 |
| writing for a rehearing, specifying the particular grounds
| 3 |
| therefor. If the licensee orders and pays for a transcript of | 4 |
| the record,
the time elapsing thereafter and before such | 5 |
| transcript is ready for
delivery to him shall not be counted as | 6 |
| part of such 20 days.
| 7 |
| At the expiration of the time allowed for filing a motion | 8 |
| for rehearing,
the Director may take the action recommended by | 9 |
| the Board. Upon
suspension, revocation, placement on | 10 |
| probationary status, or the taking of
any other disciplinary | 11 |
| action, including the limiting of the scope, nature,
or extent | 12 |
| of one's practice, deemed proper by the Director, with regard | 13 |
| to
the license, the licensee shall surrender his or her license | 14 |
| to the
Department if
ordered to do so by the Department and | 15 |
| upon his or her failure or refusal
to do
so, the Department may | 16 |
| seize such license.
| 17 |
| In all instances under this Act in which the Board has | 18 |
| rendered a
recommendation to the Director with respect to a | 19 |
| particular person, the
Director shall notify the Board if he or | 20 |
| she
disagrees with or takes action
contrary to the | 21 |
| recommendation of the Board.
| 22 |
| Each order of revocation, suspension or other disciplinary | 23 |
| action shall
contain a brief and concise statement of the | 24 |
| ground or grounds upon which the
Department's action is based, | 25 |
| as well as the specific terms and conditions of
such action.
| 26 |
| (Source: P.A. 90-69, eff. 7-8-97)
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| (225 ILCS 110/21.1 new) | 2 |
| Sec. 21.1. Board; rehearing. At the conclusion of the | 3 |
| hearing, a copy of the Board's report shall be served upon the | 4 |
| applicant or licensee by the Department, either personally or | 5 |
| as provided in this Act for the service of a notice of hearing. | 6 |
| Within 20 days after service, the applicant or licensee may | 7 |
| present to the Department a motion, in writing, for a | 8 |
| rehearing, which shall specify the particular grounds for | 9 |
| rehearing. The Department may respond to the motion for | 10 |
| rehearing within 20 days after its service on the Department. | 11 |
| If no motion for rehearing is filed, then upon the expiration | 12 |
| of the time specified for filing such a motion, or if a motion | 13 |
| for rehearing is denied, then upon denial, the Secretary may | 14 |
| enter an order in accordance with recommendations of the Board | 15 |
| except as provided in Section 22 of this Act. If the applicant | 16 |
| or licensee orders from the reporting service and pays for a | 17 |
| transcript of the record within the time for filing a motion | 18 |
| for rehearing, the 20-day period within which a motion may be | 19 |
| filed shall commence upon the delivery of the transcript to the | 20 |
| applicant or licensee. | 21 |
| (225 ILCS 110/21.2 new)
| 22 |
| Sec. 21.2. Secretary; rehearing. Whenever the Secretary | 23 |
| believes that substantial justice has not been done in the | 24 |
| revocation, suspension, or refusal to issue, restore, or renew |
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| a license or other discipline of an applicant or licensee, he | 2 |
| or she may order a rehearing by the same or other examiners.
| 3 |
| (225 ILCS 110/22) (from Ch. 111, par. 7922)
| 4 |
| (Section scheduled to be repealed on January 1, 2008)
| 5 |
| Sec. 22. Appointment of a hearing officer. The Secretary
| 6 |
| Director shall have
the authority to appoint any attorney duly | 7 |
| licensed to practice law in the
State of Illinois to serve as | 8 |
| the hearing officer for any action for
refusal to issue, renew | 9 |
| or discipline of a license. The hearing officer
shall have full | 10 |
| authority to conduct the hearing. Board members may attend | 11 |
| hearings. The hearing officer
shall report his or her findings | 12 |
| and recommendations to the Board and the Secretary
Director .
| 13 |
| The Board shall have 60 days after receipt of the report to
| 14 |
| review
the
report of the hearing officer and present its | 15 |
| findings of fact,
conclusions of law and recommendations to the | 16 |
| Secretary and to all parties to the proceedings
Director . If | 17 |
| the Board
fails to present its report within the 60-day period, | 18 |
| the Director may
issue an order based on the report of the | 19 |
| hearing officer. If the Secretary
Director
disagrees in any | 20 |
| regard with the Board's report, he or she may issue an
order in
| 21 |
| contravention of the Board's report.
| 22 |
| (Source: P.A. 90-69, eff. 7-8-97.)
| 23 |
| (225 ILCS 110/23) (from Ch. 111, par. 7923)
| 24 |
| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 23. Restoration. At any time after suspension, | 2 |
| revocation,
placement on probationary status, or the taking of | 3 |
| any other disciplinary
action with regard to any license, the | 4 |
| Department may restore the license,
or take any other action to | 5 |
| reinstate the license to good standing , without
examination,
| 6 |
| upon the written recommendation of the Board , unless after an | 7 |
| investigation and a hearing, the Board determines that | 8 |
| restoration is not in the public interest .
| 9 |
| (Source: P.A. 85-1391.)
| 10 |
| (225 ILCS 110/24) (from Ch. 111, par. 7924)
| 11 |
| (Section scheduled to be repealed on January 1, 2008)
| 12 |
| Sec. 24. Review under the Administrative Review Law - | 13 |
| Application .
| 14 |
| All final administrative decisions of the Department | 15 |
| hereunder shall be
are subject to judicial
review pursuant to | 16 |
| the provisions of the Administrative Review Law and all | 17 |
| amendments and modifications thereof and rules adopted thereto
| 18 |
| Article III of the Code of Civil Procedure, and
the rules | 19 |
| adopted pursuant thereto . The term "administrative decision" | 20 |
| is
defined as in Section 3-101 of the Code of Civil Procedure.
| 21 |
| Such proceedings for judicial review shall be commenced in | 22 |
| the circuit
court of the county in which the party applying for | 23 |
| review resides, but
if such party is not a resident of this | 24 |
| State, the venue shall be in Sangamon County.
| 25 |
| The Department shall not be required to certify any record |
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| to the court
or file any answer in court or otherwise appear in | 2 |
| any court in a judicial
review proceeding, unless there is | 3 |
| filed in the court with the complaint
a receipt from the | 4 |
| Department acknowledging payment of the costs of furnishing
and | 5 |
| certifying the record, which costs shall be computed at the | 6 |
| rate of
20 cents per page of such record. Exhibits shall be | 7 |
| certified without cost.
Failure on the part of the plaintiff to | 8 |
| file such receipt in court shall
be grounds for dismissal of | 9 |
| the action. During the pendency and hearing
of any and all | 10 |
| judicial proceedings
incident to such disciplinary action, any | 11 |
| sanctions imposed upon the licensee
by the Department shall | 12 |
| remain in full force and effect.
| 13 |
| (Source: P.A. 85-1391.)
| 14 |
| (225 ILCS 110/24.1 new) | 15 |
| Sec. 24.1. Certifications of record; costs. The Department | 16 |
| shall not be required to certify any record to the court, to | 17 |
| file an answer in court, or to otherwise appear in any court in | 18 |
| a judicial review proceeding unless there is filed in the | 19 |
| court, with the complaint, a receipt from the Department | 20 |
| acknowledging payment of the costs of furnishing and certifying | 21 |
| the record, which costs shall be determined by the Department. | 22 |
| Failure on the part of the plaintiff to file the receipt in | 23 |
| court is grounds for dismissal of the action.
| 24 |
| (225 ILCS 110/25) (from Ch. 111, par. 7925)
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| (Section scheduled to be repealed on January 1, 2008)
| 2 |
| Sec. 25. Order or certified copy; prima facie proof
| 3 |
| Revocation Orders . An order of revocation, suspension, | 4 |
| placement
on probationary status or other formal disciplinary | 5 |
| action as the Department
may deem proper, or a certified copy | 6 |
| thereof, over the seal of the Department
and purporting to be | 7 |
| signed by the Secretary
Director of the Department , is prima
| 8 |
| facie proof that:
| 9 |
| (a) the
such signature is the genuine signature of the | 10 |
| Secretary
Director ;
| 11 |
| (b) the Secretary
Director is duly appointed and qualified; | 12 |
| and
| 13 |
| (c) the Board and its
the members thereof are qualified to | 14 |
| act .
| 15 |
| (Source: P.A. 85-1391.)
| 16 |
| (225 ILCS 110/28) (from Ch. 111, par. 7928)
| 17 |
| (Section scheduled to be repealed on January 1, 2008)
| 18 |
| Sec. 28. Injunction. The practice
of
speech-language
| 19 |
| pathology or audiology by any person not holding a valid and | 20 |
| current license
under this Act
or a person performing the | 21 |
| functions and duties of a speech-language
pathology assistant | 22 |
| without a valid and current license under this Act,
is declared | 23 |
| to be inimical to the public welfare, to constitute
a public | 24 |
| nuisance, and to cause irreparable harm to the public welfare.
| 25 |
| The Secretary
Director , the Attorney General, the State's |
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| attorney of any county in
the State or any person may maintain | 2 |
| an action in the name of the People
of the State of Illinois, | 3 |
| and may apply for an injunction in any circuit
court to enjoin | 4 |
| any such person from engaging in such practice. Upon
the filing | 5 |
| of a verified petition in such court, the court or any judge
| 6 |
| thereof, if satisfied by affidavit, or otherwise, that such | 7 |
| person has been
engaged in such
practice without a valid and | 8 |
| current license, may issue a temporary
injunction without | 9 |
| notice or bond, enjoining the defendant from any such
further | 10 |
| practice. Only the showing of nonlicensure, by affidavit or
| 11 |
| otherwise, is necessary in order for a temporary injunction to | 12 |
| issue. A
copy of the verified complaint shall be served upon | 13 |
| the defendant and the
proceedings shall thereafter be conducted | 14 |
| as in other civil cases except as
modified by this Section. If | 15 |
| it is established that the defendant has been,
or is engaged in | 16 |
| any such unlawful practice, the court, or any judge
thereof, | 17 |
| may enter an order or judgment perpetually enjoining the | 18 |
| defendant
from further such practice. In all proceedings | 19 |
| hereunder, the court, in its
discretion, may apportion the | 20 |
| costs among the parties interested in the
suit, including cost | 21 |
| of filing the complaint, service of process, witness
fees and | 22 |
| expenses, court reporter charges and reasonable attorneys' | 23 |
| fees.
In case of violation of any injunction issued under the | 24 |
| provisions of this
Section, the court or any judge thereof may | 25 |
| summarily try and
punish the
offender for contempt of court. | 26 |
| Such injunction proceedings shall be in
addition to, and not in |
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| lieu of, all penalties and other remedies provided in
this Act.
| 2 |
| (Source: P.A. 92-510, eff. 6-1-02.)
| 3 |
| (225 ILCS 110/28.5)
| 4 |
| (Section scheduled to be repealed on January 1, 2008)
| 5 |
| Sec. 28.5. Cease and desist order. If any person violates | 6 |
| the provisions of
this Act, the Secretary
Director , in the name | 7 |
| of the People of the State of Illinois,
through the Attorney | 8 |
| General or the State's Attorney of the county in which the
| 9 |
| violation is alleged to have occurred, may petition for an | 10 |
| order enjoining the
violation or for an order enforcing | 11 |
| compliance with this Act. Upon the filing
of a verified | 12 |
| petition, the court with appropriate jurisdiction may issue a
| 13 |
| temporary restraining order, without notice or bond, and may | 14 |
| preliminarily and
permanently enjoin the violation. If it is | 15 |
| established that the person has
violated or is violating the | 16 |
| injunction, the court may punish the offender for
contempt of | 17 |
| court. Proceedings under this Section are in addition to, and | 18 |
| not
in lieu of, all other remedies and penalties provided by | 19 |
| this Act.
| 20 |
| Whenever, in the opinion of the Department, a person | 21 |
| violates any provision
of this Act, the Department may issue a | 22 |
| rule to show cause why an order to
cease and desist should not | 23 |
| be entered against that person. The rule shall
clearly set | 24 |
| forth the grounds relied upon by the Department and shall allow | 25 |
| at
least 7 days from the date of the rule to file an
answer |
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| satisfactory to the Department. Failure to answer to the | 2 |
| satisfaction of
the Department shall cause an order to cease | 3 |
| and desist to be issued.
| 4 |
| (Source: P.A. 90-69, eff. 7-8-97.)
| 5 |
| (225 ILCS 110/29) (from Ch. 111, par. 7929)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 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 who | 13 |
| violates any of the
provisions of this Act, for which no | 14 |
| specific penalty has been provided
herein, is guilty of a Class | 15 |
| A misdemeanor.
| 16 |
| Any person who has been previously convicted under any of | 17 |
| the provisions
of this Act and who subsequently violates any of | 18 |
| the provisions of this Act
is guilty of a Class 4 felony. In | 19 |
| addition, whenever any person is
punished as a subsequent | 20 |
| offender under this Section, the Secretary
Director shall
| 21 |
| proceed to obtain a permanent injunction against such person | 22 |
| under Section 29
of this Act.
| 23 |
| (Source: P.A. 92-510, eff. 6-1-02.)
| 24 |
| (225 ILCS 110/26 rep.)
|
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LRB095 03939 RAS 23972 b |
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| 1 |
| Section 15. The Illinois Speech-Language Pathology and
| 2 |
| Audiology Practice Act is amended by repealing Section 26.
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
|