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Public Act 92-0510
HB1356 Re-Enrolled LRB9203588LBmg
AN ACT concerning speech.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 21-14 and adding Sections 14-1.09b, 14-1.09c, and
14-6.03 as follows:
(105 ILCS 5/14-1.09b new)
Sec. 14-1.09b. Speech-language pathologist. For
purposes of supervision of a speech-language pathology
assistant, "speech-language pathologist" means a person who
has received a license pursuant to the Illinois
Speech-Language Pathology and Audiology Practice Act to
engage in the practice of speech-language pathology.
(105 ILCS 5/14-1.09c new)
Sec. 14-1.09c. Speech-language pathology assistant.
"Speech-language pathology assistant" means a person who has
received a license to assist a speech-language pathologist
pursuant to the Illinois Speech-Language Pathology and
Audiology Practice Act.
(105 ILCS 5/14-6.03 new)
Sec. 14-6.03. Speech-language pathology assistants.
(a) Except as otherwise provided in this subsection, on
or after January 1, 2002, no person shall perform the duties
of a speech-language pathology assistant without first
applying for and receiving a license for that purpose from
the Department of Professional Regulation. A person employed
as a speech-language pathology assistant in any class,
service, or program authorized by this Article may perform
only those duties authorized by this Section under the
supervision of a speech-language pathologist as provided in
this Section. This Section does not apply to speech-language
pathology paraprofessionals approved by the State Board of
Education.
(b) A speech-language pathology assistant may not be
assigned his or her own student caseload. The student
caseload limit of a speech-language pathologist who
supervises any speech-language pathology assistants shall be
determined by the severity of the needs of the students
served by the speech-language pathologist. A full-time
speech-language pathologist's caseload limit may not exceed
80 students (60 students on or after September 1, 2003) at
any time. The caseload limit of a part-time speech-language
pathologist shall be determined by multiplying the caseload
limit of a full-time speech-language pathologist by a
percentage that equals the number of hours worked by the
part-time speech-language pathologist divided by the number
of hours worked by a full-time speech-language pathologist in
that school district. Employment of a speech-language
pathology assistant may not increase or decrease the caseload
of the supervising speech-language pathologist.
(c) A school district that intends to utilize the
services of a speech-language pathology assistant must
provide written notification to the parent or guardian of
each student who will be served by a speech-language
pathology assistant.
(d) The scope of responsibility of a speech-language
pathology assistant shall be limited to supplementing the
role of the speech-language pathologist in implementing the
treatment program established by a speech-language
pathologist. The functions and duties of a speech-language
pathology assistant shall be limited to the following:
(1) Conducting speech-language screening, without
interpretation, and using screening protocols selected by
the supervising speech-language pathologist.
(2) Providing direct treatment assistance to
students under the supervision of a speech-language
pathologist.
(3) Following and implementing documented treatment
plans or protocols developed by a supervising
speech-language pathologist.
(4) Documenting student progress toward meeting
established objectives, and reporting the information to
a supervising speech-language pathologist.
(5) Assisting a speech-language pathologist during
assessments, including, but not limited to, assisting
with formal documentation, preparing materials, and
performing clerical duties for a supervising
speech-language pathologist.
(6) Acting as an interpreter for non-English
speaking students and their family members when competent
to do so.
(7) Scheduling activities and preparing charts,
records, graphs, and data.
(8) Performing checks and maintenance of equipment,
including, but not limited to, augmentative communication
devices.
(9) Assisting with speech-language pathology
research projects, in-service training, and family or
community education.
(e) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized
diagnostic tests or formal or informal evaluations or
interpret test results;
(2) screen or diagnose students for feeding or
swallowing disorders;
(3) participate in parent conferences, case
conferences, or any interdisciplinary team without the
presence of the supervising speech-language pathologist;
(4) provide student or family counseling;
(5) write, develop, or modify a student's
individualized treatment plan;
(6) assist with students without following the
individualized treatment plan prepared by the supervising
speech-language pathologist;
(7) sign any formal documents, such as treatment
plans, reimbursement forms, or reports;
(8) select students for services;
(9) discharge a student from services;
(10) disclose clinical or confidential information,
either orally or in writing, to anyone other than the
supervising speech-language pathologist;
(11) make referrals for additional services;
(12) counsel or consult with the student, family,
or others regarding the student's status or service;
(13) represent himself or herself to be a
speech-language pathologist or a speech therapist;
(14) use a checklist or tabulate results of feeding
or swallowing evaluations; or
(15) demonstrate swallowing strategies or
precautions to students, family, or staff.
(f) A speech-language pathology assistant shall practice
only under the supervision of a speech-language pathologist
who has at least 2 years experience in addition to the
supervised professional experience required under subsection
(f) of Section 8 of the Illinois Speech-Language Pathology
and Audiology Practice Act. A speech-language pathologist
who supervises a speech-language pathology assistant must
have completed at least 10 clock hours of training in the
supervision of speech-language pathology assistants. The
State Board of Education shall promulgate rules describing
the supervision training requirements. The rules may allow a
speech-language pathologist to apply to the State Board of
Education for an exemption from this training requirement
based upon prior supervisory experience.
(g) A speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at
least 30% of the speech-language pathology assistant's actual
student contact time per student for the first 90 days of
initial employment as a speech-language pathology assistant.
Thereafter, the speech-language pathology assistant must be
under the direct supervision of a speech-language pathologist
at least 20% of the speech-language pathology assistant's
actual student contact time per student. Supervision of a
speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the
discretion of the supervising speech-language pathologist. A
supervising speech-language pathologist must be available to
communicate with a speech-language pathology assistant
whenever the assistant is in contact with a student.
(h) A speech-language pathologist that supervises a
speech-language pathology assistant must document direct
supervision activities. At a minimum, supervision
documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's
performance of assigned duties and (ii) verification that
clinical activity is limited to duties specified in this
Section.
(i) A full-time speech-language pathologist may
supervise no more than 2 speech-language pathology
assistants. A speech-language pathologist that does not work
full-time may supervise no more than one speech-language
pathology assistant.
(105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
Sec. 21-14. Registration and renewal of certificates.
(a) A limited four-year certificate or a certificate
issued after July 1, 1955, shall be renewable at its
expiration or within 60 days thereafter by the county
superintendent of schools having supervision and control over
the school where the teacher is teaching upon certified
evidence of meeting the requirements for renewal as required
by this Act and prescribed by the State Board of Education in
consultation with the State Teacher Certification Board. An
elementary supervisory certificate shall not be renewed at
the end of the first four-year period covered by the
certificate unless the holder thereof has filed certified
evidence with the State Teacher Certification Board that he
has a master's degree or that he has earned 8 semester hours
of credit in the field of educational administration and
supervision in a recognized institution of higher learning.
The holder shall continue to earn 8 semester hours of credit
each four-year period until such time as he has earned a
master's degree.
All certificates not renewed or registered as herein
provided shall lapse after a period of 5 years from the
expiration of the last year of registration. Such
certificates may be reinstated for a one year period upon
payment of all accumulated registration fees. Such
reinstated certificates shall only be renewed: (1) by earning
5 semester hours of credit in a recognized institution of
higher learning in the field of professional education or in
courses related to the holder's contractual teaching duties;
or (2) by presenting evidence of holding a valid regular
certificate of some other type. Any certificate may be
voluntarily surrendered by the certificate holder. A
voluntarily surrendered certificate shall be treated as a
revoked certificate.
(b) When those teaching certificates issued before
February 15, 2000 are renewed for the first time after
February 15, 2000, all such teaching certificates shall be
exchanged for Standard Teaching Certificates as provided in
subsection (c) of Section 21-2. All Initial and Standard
Teaching Certificates, including those issued to persons who
previously held teaching certificates issued before February
15, 2000, shall be renewable under the conditions set forth
in this subsection (b).
Initial Teaching Certificates are nonrenewable and are
valid for 4 years of teaching. Standard Teaching
Certificates are renewable every 5 years as provided in
subsection (c) of Section 21-2 and subsection (c) of this
Section. For purposes of this Section, "teaching" is defined
as employment and performance of services in an Illinois
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, in a certificated teaching position, or a
charter school operating in compliance with the Charter
Schools Law.
(c) In compliance with subsection (c) of Section 21-2 of
this Code, which provides that a Standard Teaching
Certificate may be renewed by the State Teacher Certification
Board based upon proof of continuing professional
development, the State Board of Education and the State
Teacher Certification Board shall jointly:
(1) establish a procedure for renewing Standard
Teaching Certificates, which shall include but not be
limited to annual timelines for the renewal process and
the components set forth in subsections (d) through (k)
of this Section;
(2) establish the standards for certificate
renewal;
(3) approve the providers of continuing
professional development activities;
(4) determine the maximum credit for each category
of continuing professional development activities, based
upon recommendations submitted by a continuing
professional development activity task force, which shall
consist of 6 staff members from the State Board of
Education, appointed by the State Superintendent of
Education, and 6 teacher representatives, 3 of whom are
selected by the Illinois Education Association and 3 of
whom are selected by the Illinois Federation of Teachers;
(5) designate the type and amount of documentation
required to show that continuing professional development
activities have been completed; and
(6) provide, on a timely basis to all Illinois
teachers, certificate holders, regional superintendents
of schools, school districts, and others with an interest
in continuing professional development, information about
the standards and requirements established pursuant to
this subsection (c).
(d) Any Standard Teaching Certificate held by an
individual employed and performing services in an Illinois
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control in a certificated teaching position or a
charter school in compliance with the Charter Schools Law
must be maintained Valid and Active through certificate
renewal activities specified in the certificate renewal
procedure established pursuant to subsection (c) of this
Section, provided that a holder of a Valid and Active
certificate who is only employed on either a part-time basis
or day-to-day basis as a substitute teacher shall pay only
the required registration fee to renew his or her certificate
and maintain it as Valid and Active. All other Standard
Teaching Certificates held may be maintained as Valid and
Exempt through the registration process provided for in the
certificate renewal procedure established pursuant to
subsection (c) of this Section. A Valid and Exempt
certificate must be immediately activated, through procedures
developed jointly by the State Board of Education and the
State Teacher Certification Board, upon the certificate
holder becoming employed and performing services in an
Illinois public or State-operated elementary school,
secondary school, or cooperative or joint agreement with a
governing body or board of control in a certificated teaching
position or a charter school operating in compliance with the
Charter Schools Law. A holder of a Valid and Exempt
certificate may activate his or her certificate through
procedures provided for in the certificate renewal procedure
established pursuant to subsection (c) of this Section.
(e)(1) A Standard Teaching Certificate that has been
maintained as Valid and Active for the 5 years of the
certificate's validity shall be renewed as Valid and Active
upon the certificate holder: (i) completing at least 8
semester hours of coursework as described in subdivision (A)
of paragraph (3) of this subsection (e); (ii) earning at
least 24 continuing education units as described in
subdivision (B) of paragraph (3) of this subsection (e);
(iii) completing the National Board for Professional Teaching
Standards process as described in subdivision (C) of
paragraph (3) of this subsection (e); or (iv) earning 120
continuing professional development units ("CPDU") as
described in subdivision (D) of paragraph (3) of this
subsection (e). The maximum continuing professional
development units for each continuing professional
development activity identified in subdivisions (E) through
(I) of paragraph (3) of this subsection (e) shall be jointly
determined by the State Board of Education and the State
Teacher Certification Board. If, however, the certificate
holder has maintained the certificate as Valid and Exempt for
a portion of the 5-year period of validity, the number of
continuing professional development units needed to renew the
certificate as Valid and Active shall be proportionately
reduced by the amount of time the certificate was Valid and
Exempt. Furthermore, if a certificate holder is employed and
performs teaching services on a part-time basis for all or a
portion of the certificate's 5-year period of validity, the
number of continuing professional development units needed to
renew the certificate as Valid and Active shall be reduced by
50% for the amount of time the certificate holder has been
employed and performed teaching services on a part-time
basis. Part-time shall be defined as less than 50% of the
school day or school term.
(2) Each Valid and Active Standard Teaching Certificate
holder shall develop a certificate renewal plan for
satisfying the continuing professional development
requirement provided for in subsection (c) of Section 21-2 of
this Code. Certificate holders with multiple certificates
shall develop a certificate renewal plan that addresses only
that certificate or those certificates that are required of
his or her certificated teaching position, if the certificate
holder is employed and performing services in an Illinois
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, or that certificate or those certificates
most closely related to his or her teaching position, if the
certificate holder is employed in a charter school. Except
as otherwise provided in this subsection (e), a certificate
renewal plan shall include a minimum of 3 individual
improvement goals developed by the certificate holder and
shall reflect purposes (A), (B), and (C) and may reflect
purpose (D) of the following continuing professional
development purposes:
(A) Advance both the certificate holder's knowledge
and skills as a teacher consistent with the Illinois
Professional Teaching Standards and the Illinois Content
Area Standards in the certificate holder's areas of
certification, endorsement, or teaching assignment in
order to keep the certificate holder current in those
areas.
(B) Develop the certificate holder's knowledge and
skills in areas determined to be critical for all
Illinois teachers, as defined by the State Board of
Education, known as "State priorities".
(C) Address the knowledge, skills, and goals of the
certificate holder's local school improvement plan, if
the teacher is employed in an Illinois public or
State-operated elementary school, secondary school, or
cooperative or joint agreement with a governing body or
board of control.
(D) Expand knowledge and skills in an additional
teaching field or toward the acquisition of another
teaching certificate, endorsement, or relevant education
degree.
A certificate renewal plan must include a description of how
these goals are to be achieved and an explanation of selected
continuing professional development activities to be
completed, each of which must meet one or more of the
continuing professional development purposes specified in
this paragraph (2). The plan shall identify potential
activities and include projected timelines for those
activities that will assure completion of the plan before the
expiration of the 5-year validity of the Standard Teaching
Certificate. Except as otherwise provided in this subsection
(e), at least 50% of continuing professional development
units must relate to purposes (A) and (B) set forth in this
paragraph (2): the advancement of a certificate holder's
knowledge and skills as a teacher consistent with the
Illinois Professional Teaching Standards and the Illinois
Content Area Standards in the certificate holder's areas of
certification, endorsement, or teaching assignment in order
to keep the certificate holder current in those areas and the
development of a certificate holder's knowledge and skills in
the State priorities that exist at the time the certificate
renewal plan is developed.
A speech-language pathologist or audiologist who is
licensed under the Illinois Speech-Language Pathology and
Audiology Practice Act and who has met the continuing
education requirements of that Act and the rules promulgated
under that Act shall be deemed to have satisfied the
continuing professional development requirements established
by the State Board of Education and the Teacher Certification
Board to renew a Standard Certificate.
(3) Continuing professional development activities
included in a certificate renewal plan may include, but are
not limited to, the following activities:
(A) at least 8 semester hours of coursework in an
approved education-related program, of which at least 2
semester hours relate to the continuing professional
development purpose set forth in purpose (A) of paragraph
(2) of this subsection (e), provided that such a plan
need not include any other continuing professional
development activities nor reflect or contain activities
related to the other continuing professional development
purposes set forth in paragraph (2) of this subsection
(e);
(B) continuing education units that satisfy the
continuing professional development purposes set forth in
paragraph (2) of this subsection (e), with each
continuing education unit equal to 5 clock hours,
provided that a plan that includes at least 24 continuing
education units (or 120 clock/contact hours) need not
include any other continuing professional development
activities;
(C) completion of the National Board of
Professional Teaching Standards ("NBPTS") process,
provided that a plan that includes completion of the
NBPTS process need not include any other continuing
professional development activities nor reflect or
contain activities related to the continuing professional
development purposes set forth in paragraph (2) of
subsection (e) of this Section;
(D) completion of 120 continuing professional
development units that satisfy the continuing
professional development purposes set forth in paragraph
(2) of this subsection (e) and may include without
limitation the activities identified in subdivisions (E)
through (I) of this paragraph (3);
(E) collaboration and partnership activities
related to improving the teacher's knowledge and skills
as a teacher, including the following:
(i) participating on collaborative planning
and professional improvement teams and committees;
(ii) peer review and coaching;
(iii) mentoring in a formal mentoring program,
including service as a consulting teacher
participating in a remediation process formulated
under Section 24A-5 of this Code;
(iv) participating in site-based management or
decision making teams, relevant committees, boards,
or task forces directly related to school
improvement plans;
(v) coordinating community resources in
schools, if the project is a specific goal of the
school improvement plan;
(vi) facilitating parent education programs
for a school, school district, or regional office of
education directly related to student achievement or
school improvement plans;
(vii) participating in business, school, or
community partnerships directly related to student
achievement or school improvement plans;
(viii) supervising a student teacher or
teacher education candidate in clinical supervision,
provided that the supervision may only be counted
once during the course of 5 years;
(F) college or university coursework related to
improving the teacher's knowledge and skills as a teacher
as follows:
(i) completing undergraduate or graduate
credit earned from a regionally accredited
institution in coursework relevant to the
certificate area being renewed, provided the
coursework meets Illinois Professional Teaching
Standards or Illinois Content Area Standards and
supports the essential characteristics of quality
professional development; or
(ii) teaching college or university courses in
areas relevant to the certificate area being
renewed, provided that the teaching may only be
counted once during the course of 5 years;
(G) conferences, workshops, institutes, seminars,
and symposiums related to improving the teacher's
knowledge and skills as a teacher, including the
following:
(i) completing non-university credit directly
related to student achievement, school improvement
plans, or State priorities;
(ii) participating in or presenting at
workshops, seminars, conferences, institutes, and
symposiums;
(iii) training as external reviewers for
Quality Assurance;
(iv) training as reviewers of university
teacher preparation programs;
(H) other educational experiences related to
improving the teacher's knowledge and skills as a
teacher, including the following:
(i) participating in action research and
inquiry projects;
(ii) observing programs or teaching in
schools, related businesses, or industry that is
systematic, purposeful, and relevant to certificate
renewal;
(iii) traveling related to ones teaching
assignment, directly related to student achievement
or school improvement plans and approved at least 30
days prior to the travel experience, provided that
the traveling shall not include time spent commuting
to destinations where the learning experience will
occur;
(iv) participating in study groups related to
student achievement or school improvement plans;
(v) serving on a statewide education-related
committee, including but not limited to the State
Teacher Certification Board, State Board of
Education strategic agenda teams, or the State
Advisory Council on Education of Children with
Disabilities;
(vi) participating in work/learn programs or
internships; or
(I) professional leadership experiences related to
improving the teacher's knowledge and skills as a
teacher, including the following:
(i) participating in curriculum development or
assessment activities at the school, school
district, regional office of education, State, or
national level;
(ii) participating in team or department
leadership in a school or school district;
(iii) participating on external or internal
school or school district review teams;
(iv) publishing educational articles, columns,
or books relevant to the certificate area being
renewed; or
(v) participating in non-strike related
professional association or labor organization
service or activities related to professional
development.
(4) A certificate renewal plan must initially be
approved by the certificate holder's local professional
development committee, as provided for in subsection (f) of
this Section. If the local professional development
committee does not approve the certificate renewal plan, the
certificate holder may appeal that determination to the
regional professional development review committee, as
provided for in paragraph (2) of subsection (g) of this
Section. If the regional professional development review
committee disagrees with the local professional development
committee's determination, the certificate renewal plan shall
be deemed approved and the certificate holder may begin
satisfying the continuing professional development activities
set forth in the plan. If the regional professional
development review committee agrees with the local
professional development committee's determination, the
certificate renewal plan shall be deemed disapproved and
shall be returned to the certificate holder to develop a
revised certificate renewal plan. In all cases, the regional
professional development review committee shall immediately
notify both the local professional development committee and
the certificate holder of its determination.
(5) A certificate holder who wishes to modify the
continuing professional development activities or goals in
his or her certificate renewal plan must submit the proposed
modifications to his or her local professional development
committee for approval prior to engaging in the proposed
activities. If the local professional development committee
does not approve the proposed modification, the certificate
holder may appeal that determination to the regional
professional development review committee, as set forth in
paragraph (4) of this subsection (e).
(6) When a certificate holder changes assignments or
school districts during the course of completing a
certificate renewal plan, the professional development and
continuing education credit earned pursuant to the plan shall
transfer to the new assignment or school district and count
toward the total requirements. This certificate renewal plan
must be reviewed by the appropriate local professional
development committee and may be modified to reflect the
certificate holder's new work assignment or the school
improvement plan of the new school district or school
building.
(f) Notwithstanding any other provisions of this Code,
each school district, charter school, and cooperative or
joint agreement with a governing body or board of control
that employs certificated staff, shall establish and
implement, in conjunction with its exclusive representative,
if any, one or more local professional development
committees, as set forth in this subsection (f), which shall
perform the following functions:
(1) review and approve certificate renewal plans
and any modifications made to these plans, including
transferred plans;
(2) maintain a file of approved certificate renewal
plans;
(3) monitor certificate holders' progress in
completing approved certificate renewal plans;
(4) assist in the development of professional
development plans based upon needs identified in
certificate renewal plans;
(5) determine whether certificate holders have met
the requirements of their certificate renewal plans and
notify certificate holders of its determination;
(6) provide a certificate holder with the
opportunity to address the committee when it has
determined that the certificate holder has not met the
requirements of his or her certificate renewal plan;
(7) issue and forward recommendations for renewal
or nonrenewal of certificate holders' Standard Teaching
Certificates to the appropriate regional superintendent
of schools, based upon whether certificate holders have
met the requirements of their approved certificate
renewal plans, with 30-day written notice of its
recommendation provided to the certificate holder prior
to forwarding the recommendation to the regional
superintendent of schools, provided that if the local
professional development committee's recommendation is
for certificate nonrenewal, the written notice provided
to the certificate holder shall include a return receipt;
and
(8) reconsider its recommendation of certificate
nonrenewal, upon request of the certificate holder within
30 days of receipt of written notification that the local
professional development committee will make such a
recommendation, and forward to the regional
superintendent of schools its recommendation within 30
days of receipt of the certificate holder's request.
Each local professional development committee shall
consist of at least 3 classroom teachers; one superintendent
or chief administrator of the school district, charter
school, or cooperative or joint agreement or his or her
designee; and one at-large member who shall be either (i) a
parent, (ii) a member of the business community, (iii) a
community member, or (iv) an administrator, with preference
given to an individual chosen from among those persons listed
in items (i), (ii), and (iii) in order to secure
representation of an interest not already represented on the
committee. If mutually agreed upon by the school district,
charter school, or governing body or board of control of a
cooperative or joint agreement and its exclusive
representative, if any, additional members may be added to a
local professional development committee, provided that a
majority of members are classroom teachers. The school
district, charter school, or governing body or board of
control of a cooperative or joint agreement and its exclusive
representative, if any, shall determine the term of service
of the members of a local professional development committee.
All individuals selected to serve on local professional
development committees must be known to demonstrate the best
practices in teaching or their respective field of practice.
The exclusive representative, if any, shall select the
classroom teacher members of the local professional
development committee. If no exclusive representative
exists, then the classroom teacher members of a local
professional development committee shall be selected by the
classroom teachers that come within the local professional
development committee's authority. The school district,
charter school, or governing body or board of control of a
cooperative or joint agreement shall select the 2
non-classroom teacher members (the superintendent or chief
administrator of the school district, charter school, or
cooperative or joint agreement or his or her designee and the
at-large member) of a local professional development
committee. Vacancies in positions on a local professional
development committee shall be filled in the same manner as
the original selections. The members of a local professional
development committee shall select a chairperson. Local
professional development committee meetings shall be
scheduled so as not to interfere with committee members'
regularly scheduled teaching duties, except when otherwise
permitted by the policies of or agreed to or approved by the
school district, charter school, or governing body or board
of control of a cooperative or joint agreement, or its
designee.
The board of education or governing board shall convene
the first meeting of the local professional development
committee. All actions taken by the local professional
development committee shall require that a majority of
committee members be present, and no committee action may be
taken unless 50% or more of those present are teacher
members.
The State Board of Education and the State Teacher
Certification Board shall jointly provide local professional
development committee members with a training manual, and the
members shall certify that they have received and read the
manual.
Notwithstanding any other provisions of this subsection
(f), for a teacher employed and performing services in a
nonpublic or State-operated elementary or secondary school,
all references to a local professional development committee
shall mean the regional superintendent of schools of the
regional office of education for the geographic area where
the teaching is done.
(g)(1) Each regional superintendent of schools shall
review and concur or nonconcur with each recommendation for
renewal or nonrenewal of a Standard Teaching Certificate he
or she receives from a local professional development
committee or, if a certificate holder appeals the
recommendation to the regional professional development
review committee, the recommendation for renewal or
nonrenewal he or she receives from a regional professional
development review committee and, within 14 days of receipt
of the recommendation, shall provide the State Teacher
Certification Board with verification of the following, if
applicable:
(A) a certificate renewal plan was filed and
approved by the appropriate local professional
development committee;
(B) the professional development and continuing
education activities set forth in the approved
certificate renewal plan have been satisfactorily
completed;
(C) the local professional development committee
has recommended the renewal of the certificate holder's
Standard Teaching Certificate and forwarded the
recommendation, along with all supporting documentation
as jointly required by the State Board of Education and
the State Teacher Certification Board, to the regional
superintendent of schools;
(D) the certificate holder has appealed his or her
local professional development committee's recommendation
of nonrenewal to the regional professional development
review committee and the result of that appeal;
(E) the regional superintendent of schools has
concurred or nonconcurred with the local professional
development committee's or regional professional
development review committee's recommendation to renew or
nonrenew the certificate holder's Standard Teaching
Certificate and made a recommendation to that effect; and
(F) the established registration fee for the
Standard Teaching Certificate has been paid.
At the same time the regional superintendent of schools
provides the State Teacher Certification Board with the
notice required by this subsection (g), he or she shall also
notify the certificate holder in writing that this notice has
been provided to the State Teacher Certification Board,
provided that if the notice provided by the regional
superintendent of schools to the State Teacher Certification
Board includes a recommendation of certificate nonrenewal,
the written notice provided to the certificate holder shall
be by certified mail, return receipt requested.
(2) Each certificate holder shall have the right to
appeal his or her local professional development committee's
recommendation of nonrenewal to the regional professional
development review committee, within 14 days of receipt of
notice that the recommendation has been sent to the regional
superintendent of schools. Each regional superintendent of
schools shall establish a regional professional development
review committee or committees for the purpose of advising
the regional superintendent of schools, upon request, and
handling certificate holder appeals. This committee shall
consist of at least 4 classroom teachers, one
non-administrative certificated educational employee, 2
administrators, and one at-large member who shall be either
(i) a parent, (ii) a member of the business community, (iii)
a community member, or (iv) an administrator, with preference
given to an individual chosen from among those persons listed
in items (i), (ii), and (iii) in order to secure
representation of an interest not already represented on the
committee. The teacher and non-administrative certificated
educational employee members of the review committee shall be
selected by their exclusive representative, if any, and the
administrators and at-large member shall be selected by the
regional superintendent of schools. A regional
superintendent of schools may add additional members to the
committee, provided that the same proportion of teachers to
administrators and at-large members on the committee is
maintained. Any additional teacher and non-administrative
certificated educational employee members shall be selected
by their exclusive representative, if any. Vacancies in
positions on a regional professional development review
committee shall be filled in the same manner as the original
selections. Committee members shall serve staggered 3-year
terms. All individuals selected to serve on regional
professional development review committees must be known to
demonstrate the best practices in teaching or their
respective field of practice.
The exclusive representative responsible for choosing the
individuals that serve on a regional professional development
review committee shall notify each school district, charter
school, or governing body or board of control of a
cooperative or joint agreement employing the individuals
chosen to serve and provide their names to the appropriate
regional superintendent of schools. Regional professional
development review committee meetings shall be scheduled so
as not to interfere with the committee members' regularly
scheduled teaching duties, except when otherwise permitted by
the policies of or agreed to or approved by the school
district, charter school, or governing body or board of
control of a cooperative or joint agreement, or its designee,
provided that the school district, charter school, or
governing body or board of control shall not unreasonably
withhold permission for a committee member to attend regional
professional development review committee meetings.
In a city having a population exceeding 500,000 that does
not have a regional office of education, one or more separate
regional professional development review committees shall be
established as mutually agreed upon by the board of education
of the school district organized under Article 34 of this
Code and the exclusive representative. The composition of
each committee shall be the same as for a regional
professional development review committee, except that
members of the committee shall be jointly appointed by the
board of education and the exclusive representative. All
other provisions of this Section concerning regional
professional development review committees shall apply to
these committees.
The regional professional development review committee
may require information in addition to that received from a
certificate holder's local professional development committee
or request that the certificate holder appear before it,
shall either concur or nonconcur with a local professional
development committee's recommendation of nonrenewal, and
shall forward to the regional superintendent of schools its
recommendation of renewal or nonrenewal. All actions taken
by the regional professional development review committee
shall require a quorum and be by a simple majority of those
present and voting. A record of all votes shall be
maintained. The committee shall have 45 days from receipt of
a certificate holder's appeal to make its recommendation to
the regional superintendent of schools.
The State Board of Education and the State Teacher
Certification Board shall jointly provide regional
professional development review committee members with a
training manual, and the members shall be required to attend
one training seminar sponsored jointly by the State Board of
Education and the State Teacher Certification Board.
(h)(1) The State Teacher Certification Board shall
review the regional superintendent of schools'
recommendations to renew or nonrenew Standard Teaching
Certificates and notify certificate holders in writing
whether their certificates have been renewed or nonrenewed
within 90 days of receipt of the recommendations, unless a
certificate holder has appealed a regional superintendent of
schools' recommendation of nonrenewal, as provided in
paragraph (2) of this subsection (h). The State Teacher
Certification Board shall verify that the certificate holder
has met the renewal criteria set forth in paragraph (1) of
subsection (g) of this Section.
(2) Each certificate holder shall have the right to
appeal a regional superintendent of school's recommendation
to nonrenew his or her Standard Teaching Certificate to the
State Teacher Certification Board, within 14 days of receipt
of notice that the decision has been sent to the State
Teacher Certification Board, which shall hold an appeal
hearing within 60 days of receipt of the appeal. When such
an appeal is taken, the certificate holder's Standard
Teaching Certificate shall continue to be valid until the
appeal is finally determined. The State Teacher
Certification Board shall review the regional superintendent
of school's recommendation, the regional professional
development review committee's recommendation, if any, and
the local professional development committee's recommendation
and all relevant documentation to verify whether the
certificate holder has met the renewal criteria set forth in
paragraph (1) of subsection (g) of this Section. The State
Teacher Certification Board may request that the certificate
holder appear before it. All actions taken by the State
Teacher Certification Board shall require a quorum and be by
a simple majority of those present and voting. A record of
all votes shall be maintained. The State Teacher
Certification Board shall notify the certificate holder in
writing, within 7 days of completing the review, whether his
or her Standard Teaching Certificate has been renewed or
nonrenewed, provided that if the State Teacher Certification
Board determines to nonrenew a certificate, the written
notice provided to the certificate holder shall be by
certified mail, return receipt requested. All certificate
renewal or nonrenewal decisions of the State Teacher
Certification Board are final and subject to administrative
review, as set forth in Section 21-24 of this Code.
(i) Holders of Master Teaching Certificates shall meet
the same requirements and follow the same procedures as
holders of Standard Teaching Certificates, except that their
renewal cycle shall be as set forth in subsection (d) of
Section 21-2 of this Code. A holder of a teaching certificate
endorsed as a speech-language pathologist who has been
granted the Certificate of Clinical Competence by the
American Speech-Language Hearing Association may renew his or
her Standard Teaching Certificate pursuant to the 10-year
renewal cycle set forth in subsection (d) of Section 21-2 of
this Code.
(j) Holders of Valid and Exempt Standard and Master
Teaching Certificates who are not employed and performing
services in an Illinois public or State-operated elementary
school, secondary school, or cooperative or joint agreement
with a governing body or board of control, in a certificated
teaching position, may voluntarily activate their
certificates by developing and submitting a certificate
renewal plan to the regional superintendent of schools of the
regional office of education for the geographic area where
their teaching is done, who, or whose designee, shall approve
the plan and serve as the certificate holder's local
professional development committee. These certificate
holders shall follow the same renewal criteria and procedures
as all other Standard and Master Teaching Certificate
holders, except that their continuing professional
development plans shall not be required to reflect or address
the knowledge, skills, and goals of a local school
improvement plan.
(k) Each school district, charter school, or cooperative
or joint agreement shall be paid an annual amount of not less
than $1,000, as determined by a formula based on the number
of Standard Teaching and Master Teaching Certificate holders,
subject to renewal and established by rule, not to exceed
$1,000,000 annually for all school districts, charter
schools, and cooperatives or joint agreements, for
administrative costs associated with conducting the meetings
of the local professional development committee. Each
regional office of education shall receive $2,000 annually to
pay school districts, charter schools, or cooperatives or
joint agreements for costs, as defined by rule, incurred in
staff attendance at regional professional development review
committee meetings and the training seminar required under
paragraph (2) of subsection (g) of this Section.
(l) The State Board of Education and the State Teacher
Certification Board shall jointly contract with an
independent party to conduct a comprehensive evaluation of
the certificate renewal system pursuant to this Section. The
first report of this evaluation shall be presented to the
General Assembly on January 1, 2005 and on January 1 of every
third year thereafter.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98;
90-811, eff. 1-26-99; 91-102, eff. 7-12-99.)
Section 10. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Sections 3,
3.5, 7, 8, 10, 11, 13, 16, 16.5, 18, 26, 27, 28, 29, 29.5,
and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 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 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 this Act and who engages in
the practice of speech-language pathology.
(e) "Audiologist" means a person who has received a
license pursuant to this Act and who engages in the practice
of audiology.
(f) "Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
(g) "The practice of audiology" is the application of
nonmedical methods and procedures for the identification,
measurement, testing, appraisal, prediction, habilitation,
rehabilitation, or instruction related to hearing and
disorders of hearing. These procedures are for the purpose
of counseling, consulting and rendering or offering to render
services or for participating in the planning, directing or
conducting of programs that are designed to modify
communicative disorders involving speech, language or
auditory function related to hearing loss. The practice of
audiology may include, but shall not be limited to, the
following:
(1) any task, procedure, act, or practice that is
necessary for the evaluation of hearing or vestibular
function;
(2) training in the use of amplification, including
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 are
designed to modify communicative disorders and conditions in
individuals or groups of individuals involving speech,
language, voice and swallowing function.
"The practice of speech-language pathology" shall
include, but shall not be limited to, the following:
(1) hearing screening tests and aural
rehabilitation procedures consistent with speech-language
pathology training;
(2) tasks, procedures, acts or practices that are
necessary for the evaluation of, and training in the use
of, augmentative communication systems, communication
variation, cognitive rehabilitation, non-spoken language
production and comprehension.
(i) "Speech-language pathology assistant" means a person
who has received a license pursuant to this Act to assist a
speech-language pathologist in the manner provided in this
Act.
(Source: P.A. 90-69, eff. 7-8-97.)
(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 service by a speech-language pathology
assistant or a speech-language pathology paraprofessional
an appropriately trained person if such service is
performed under the supervision and full responsibility
of a licensed speech-language pathologist. A speech
language pathology assistant may perform only those
duties authorized by Section 8.7 under the supervision of
a speech-language pathologist as provided in Section 8.8.
(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
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.
(Source: P.A. 90-69, eff. 7-8-97.)
(225 ILCS 110/7) (from Ch. 111, par. 7907)
Sec. 7. Licensure requirement. 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. Except as provided in
this Section, on or after January 1, 2002, no person shall
perform the functions and duties of a speech-language
pathology assistant without first applying for and obtaining
a license for that purpose from the Department.
(Source: P.A. 90-69, eff. 7-8-97.)
(225 ILCS 110/8) (from Ch. 111, par. 7908)
Sec. 8. Qualifications for licenses to practice
speech-language pathology or audiology. The Department shall
require that each applicant for a license to practice
speech-language pathology or audiology 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; 90-69, eff. 7-8-97.)
(225 ILCS 110/8.5 new)
Sec. 8.5. Qualifications for licenses as a
speech-language pathology assistant. (a) A person is
qualified to be licensed as a speech-language pathology
assistant if that person has applied in writing on forms
prescribed by the Department, has paid the required fees, and
meets both of the following criteria:
(1) Is of good moral character. In determining
moral character, the Department may take into
consideration any felony conviction of the applicant, but
such a conviction shall not operate automatically as a
complete bar to licensure.
(2) Has received an associate degree from a
speech-language pathology assistant program that has been
approved by the Department and that meets the minimum
requirements set forth in Section 8.6.
(b) Until January 1, 2004, a person holding a bachelor's
level degree in communication disorders who was employed to
assist a speech-language pathologist on the effective date of
this amendatory Act of the 92nd General Assembly shall be
eligible to receive a license as a speech-language pathology
assistant from the Department upon completion of forms
prescribed by the Department and the payment of the required
fee.
(225 ILCS 110/8.6 new)
Sec. 8.6. Minimum Requirements for Speech-language
pathology assistant programs.
(a) An applicant for licensure as a speech-language
pathology assistant must have earned 60 semester credit hours
in a program of study that includes general education and the
specific knowledge and skills for a speech-language pathology
assistant. The curriculum of a speech-language pathology
assistant program must include all of the following content,
as further provided by rule promulgated by the Department:
(1) Thirty-six semester credit hours in general
education.
(2) Twenty-four semester credit hours in technical
content areas designed to provide students with knowledge
and skills required for speech-language pathology
assistants, which must include (i) an overview of normal
processes of communication; (ii) an overview of
communication disorders; (iii) instruction in
speech-language pathology assistant-level service
delivery practices; (iv) instruction in workplace
behaviors; (v) cultural and linguistic factors in
communication; and (vi) observation.
(3) Completion of at least 100 hours of supervised
field work experiences supervised by a licensed
speech-language pathologist at least 50% of the time when
the student is engaged in contact with the patient or
client. An applicant must obtain written verification
demonstrating successful completion of the required field
work experience, including a description of the setting
in which the training was received and an assessment of
the student's technical proficiency.
(b) The Department may promulgate rules that change the
curriculum requirements of subsection (a) in order to reflect
the guidelines for speech-language pathology assistant
programs recommended by the American Speech-Language Hearing
Association.
(225 ILCS 110/8.7 new)
Sec. 8.7. Duties of speech-language pathology
assistants.
(a) The scope of responsibility of speech-language
pathology assistants shall be limited to supplementing the
role of a speech-language pathologist in implementing the
treatment program established by the speech-language
pathologist. The functions and duties of a speech-language
pathology assistant shall be:
(1) conducting speech-language screening, without
interpretation, and using screening protocols developed
by the supervising speech-language pathologist;
(2) providing direct treatment assistance to
patients or clients, if authorized by and under the
supervision of a speech-language pathologist;
(3) following and implementing documented treatment
plans or protocols developed by a supervising
speech-language pathologist;
(4) documenting patient or client progress toward
meeting established objectives and reporting the
information to a supervising speech-language pathologist;
(5) assisting a speech-language pathologist during
assessments, including, but not limited to, assisting
with formal documentation, preparing materials, and
performing clerical duties for a supervising
speech-language pathologist;
(6) acting as an interpreter for non-English
speaking patients or clients and their family members
when competent to do so;
(7) scheduling activities and preparing charts,
records, graphs, and data;
(8) performing checks and maintenance of equipment,
including, but not limited to, augmentative communication
devices; and
(9) assisting with speech-language pathology
research projects, in-service training, and family or
community education;
(b) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized
diagnostic tests or formal or informal evaluations or
interpret test results;
(2) screen or diagnose patients or clients for
feeding or swallowing disorders;
(3) participate in parent conferences, case
conferences, or any interdisciplinary team without the
presence of the supervising speech-language pathologist;
(4) provide patient or client or family counseling;
(5) write, develop, or modify a patient's or
client's individualized treatment plan;
(6) assist with patients or clients without
following the individualized treatment plan prepared by
the supervising speech-language pathologist;
(7) sign any formal documents such as treatment
plans, reimbursement forms, or reports;
(8) select patients or clients for services;
(9) discharge a patient or client from services;
(10) disclose clinical or confidential information,
either orally or in writing, to anyone other than the
supervising speech-language pathologist;
(11) make referrals for additional services;
(12) counsel or consult with the patient or client,
family, or others regarding the patient's or client's
status or service;
(13) represent himself or herself to be a
speech-language pathologist;
(14) use a checklist or tabulate results of feeding
or swallowing evaluations; or
(15) demonstrate swallowing strategies or
precautions to patients, family, or staff.
(225 ILCS 110/8.8 new)
Sec. 8.8. Supervision of speech-language pathology
assistants.
(a) A speech-language pathology assistant shall practice
only under the supervision of a speech-language pathologist
who has at least 2 years experience in addition to the
supervised professional experience required under subsection
(f) of Section 8 of this Act. A speech-language pathologist
who supervises a speech-language pathology assistant must
have completed at least 10 clock hours of training in the
supervision of speech-language pathology assistants. The
Department shall promulgate rules describing the supervision
training requirements. The rules may allow a speech-language
pathologist to apply to the Board for an exemption from this
training requirement based upon prior supervisory experience.
(b) A speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at
least 30% of the speech-language pathology assistant's actual
patient or client contact time per patient or client during
the first 90 days of initial employment as a speech-language
pathology assistant. Thereafter, a speech-language pathology
assistant must be under the direct supervision of a
speech-language pathologist at least 20% of the
speech-language pathology assistant's actual patient or
client contact time per patient or client. Supervision of a
speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the
discretion of the supervising speech-language pathologist.
A supervising speech-language pathologist must be available
to communicate with a speech-language pathology assistant
whenever the assistant is in contact with a patient or
client.
(c) A speech-language pathologist that supervises a
speech-language pathology assistant must document direct
supervision activities. At a minimum, supervision
documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's
performance of assigned duties, and (ii) verification that
clinical activity is limited to duties specified in Section
8.7.
(d) A full-time speech-language pathologist may
supervise no more than 2 speech-language pathology
assistants. A speech-language pathologist that does not work
full-time may supervise no more than one speech-language
pathology assistant.
(e) For purposes of this Section, "direct supervision"
means on-site, in-view observation and guidance by a
speech-language pathologist while an assigned activity is
performed by the speech-language pathology assistant.
(225 ILCS 110/10) (from Ch. 111, par. 7910)
Sec. 10. List of Speech-Language Pathologists and
Audiologists. The Department shall maintain a list of the
names and addresses of the speech-language pathologists,
speech-language pathology assistants, and audiologists. Such
lists shall also be mailed by the Department to any person
upon request and payment of the required fee.
(Source: P.A. 85-1391.)
(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, speech-language pathology
assistant, 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 for licensure as a
speech-language pathologist or audiologist to provide proof
of completing at least 20 clock 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. At a minimum, the rules shall
require a renewal applicant for licensure as a
speech-language pathology assistant to provide proof of
completing at least 10 clock hours of continuing education
during the 2-year period for which he or she currently holds
a license. 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 for 5 years
or more.
(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.
(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, speech-language
pathology assistant, 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.
(d) Any person whose license has been expired for 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. 90-69, eff. 7-8-97.)
(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, speech-language pathology
assistant, 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, speech-language pathology assistant, 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, speech-language pathology
assistant, 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, speech-language pathology
assistant, 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. 90-69, eff. 7-8-97.)
(225 ILCS 110/16) (from Ch. 111, par. 7916)
Sec. 16. Refusal, revocation or suspension of 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 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.
(e-5) Employing, procuring, inducing, aiding, or
abetting a person not licensed as a speech-language
pathology assistant to perform the functions and duties
of a speech-language pathology assistant.
(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 or a
license to practice as a speech-language pathology
assistant 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, speech-language pathology assistant, 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, speech-language pathology assistant, 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).
(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.
(w) Violation of the Hearing Instrument Consumer
Protection Act.
(x) Failure by a speech-language pathology assistant
and supervising speech-language pathologist to comply
with the supervision requirements set forth in Section
8.8.
(y) Wilfully exceeding the scope of duties
customarily undertaken by speech-language pathology
assistants set forth in Section 8.7 that results in, or
may result in, harm to the public.
(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. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.)
(225 ILCS 110/16.5)
Sec. 16.5. Advertising. A person licensed under this Act
as a speech-language pathologist or audiologist 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.
(Source: P.A. 90-69, eff. 7-8-97.)
(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, speech-language pathology
assistant, 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,
speech-language pathology assistant's, or an 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,
speech-language pathology assistant, 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.
(Source: P.A. 90-69, eff. 7-8-97.)
(225 ILCS 110/26) (from Ch. 111, par. 7926)
Sec. 26. Confidential Information - Disclosure. In all
hearings conducted under this Act, information received,
pursuant to law, relating to any information acquired by a
speech-language pathologist, speech-language pathology
assistant, or audiologist in serving any individual in a
professional capacity, and necessary to professionally serve
such individual, shall be deemed strictly confidential and
shall only be made available, either as part of the record of
a hearing hereunder or otherwise;
(a) when such record is required, in its entirety, for
purposes of judicial review pursuant to this Act; or
(b) upon the express, written consent of the individual
served, or in the case of his or her death or disability, the
consent of his or her personal representative.
(Source: P.A. 85-1391.)
(225 ILCS 110/27) (from Ch. 111, par. 7927)
Sec. 27. Reports of Violations. Any person licensed
under this Act, or any other person, may report to the
Department any information such person may have which appears
to show that a speech-language pathologist, speech-language
pathology assistant, or audiologist is or may be in violation
of any of the provisions of this Act.
(Source: P.A. 85-1391.)
(225 ILCS 110/28) (from Ch. 111, par. 7928)
Sec. 28. Injunction. The practice of speech-language
pathology or audiology by any person not holding a valid and
current license under this Act or a person performing the
functions and duties of a speech-language pathology assistant
without 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. 90-69, eff. 7-8-97.)
(225 ILCS 110/29) (from Ch. 111, par. 7929)
Sec. 29. Penalty of unlawful practice - second and
subsequent offenses. Any person who practices or offers to
practice speech-language pathology or audiology or performs
the functions and duties of a speech-language pathology
assistant in this State without being licensed for that
purpose, or whose license has been suspended or revoked, or
who violates any of the provisions of this Act, for which no
specific penalty has been provided herein, is guilty of a
Class A misdemeanor.
Any person who has been previously convicted under any of
the provisions of this Act and who subsequently violates any
of the provisions of this Act is guilty of a Class 4 felony.
In addition, whenever any person is punished as a subsequent
offender under this Section, the Director shall proceed to
obtain a permanent injunction against such person under
Section 29 of this Act.
(Source: P.A. 85-1391.)
(225 ILCS 110/29.5)
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 or performs the
functions and duties of a speech-language pathology assistant
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.
(Source: P.A. 90-69, eff. 7-8-97.)
(225 ILCS 110/31a)
Sec. 31a. Advertising services. A speech-language
pathologist or audiologist licensee shall include in every
advertisement for services regulated under this Act his or
her title as it appears on the license or the initials
authorized under this Act.
(Source: P.A. 91-310, eff. 1-1-00.)
Passed in the General Assembly May 22, 2001.
Governor Amendatory Veto August 17, 2001.
General Assembly Accepts Amendatory Veto November 28, 2001.
Returned to Governor for Certification December 12, 2001.
Governor Certifies Changes January 01, 2002.
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