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92_HB1356ren
HB1356 Re-Enrolled LRB9203588LBmg
1 AN ACT concerning speech.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 21-14 and adding Sections 14-1.09b, 14-1.09c, and
6 14-6.03 as follows:
7 (105 ILCS 5/14-1.09b new)
8 Sec. 14-1.09b. Speech-language pathologist. For
9 purposes of supervision of a speech-language pathology
10 assistant, "speech-language pathologist" means a person who
11 has received a license pursuant to the Illinois
12 Speech-Language Pathology and Audiology Practice Act to
13 engage in the practice of speech-language pathology.
14 (105 ILCS 5/14-1.09c new)
15 Sec. 14-1.09c. Speech-language pathology assistant.
16 "Speech-language pathology assistant" means a person who has
17 received a license to assist a speech-language pathologist
18 pursuant to the Illinois Speech-Language Pathology and
19 Audiology Practice Act.
20 (105 ILCS 5/14-6.03 new)
21 Sec. 14-6.03. Speech-language pathology assistants.
22 (a) Except as otherwise provided in this subsection, on
23 or after January 1, 2002, no person shall perform the duties
24 of a speech-language pathology assistant without first
25 applying for and receiving a license for that purpose from
26 the Department of Professional Regulation. A person employed
27 as a speech-language pathology assistant in any class,
28 service, or program authorized by this Article may perform
29 only those duties authorized by this Section under the
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1 supervision of a speech-language pathologist as provided in
2 this Section. This Section does not apply to speech-language
3 pathology paraprofessionals approved by the State Board of
4 Education.
5 (b) A speech-language pathology assistant may not be
6 assigned his or her own student caseload. The student
7 caseload limit of a speech-language pathologist who
8 supervises any speech-language pathology assistants shall be
9 determined by the severity of the needs of the students
10 served by the speech-language pathologist. A full-time
11 speech-language pathologist's caseload limit may not exceed
12 80 students (60 students on or after September 1, 2003) at
13 any time. The caseload limit of a part-time speech-language
14 pathologist shall be determined by multiplying the caseload
15 limit of a full-time speech-language pathologist by a
16 percentage that equals the number of hours worked by the
17 part-time speech-language pathologist divided by the number
18 of hours worked by a full-time speech-language pathologist in
19 that school district. Employment of a speech-language
20 pathology assistant may not increase or decrease the caseload
21 of the supervising speech-language pathologist.
22 (c) A school district that intends to utilize the
23 services of a speech-language pathology assistant must
24 provide written notification to the parent or guardian of
25 each student who will be served by a speech-language
26 pathology assistant.
27 (d) The scope of responsibility of a speech-language
28 pathology assistant shall be limited to supplementing the
29 role of the speech-language pathologist in implementing the
30 treatment program established by a speech-language
31 pathologist. The functions and duties of a speech-language
32 pathology assistant shall be limited to the following:
33 (1) Conducting speech-language screening, without
34 interpretation, and using screening protocols selected by
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1 the supervising speech-language pathologist.
2 (2) Providing direct treatment assistance to
3 students under the supervision of a speech-language
4 pathologist.
5 (3) Following and implementing documented treatment
6 plans or protocols developed by a supervising
7 speech-language pathologist.
8 (4) Documenting student progress toward meeting
9 established objectives, and reporting the information to
10 a supervising speech-language pathologist.
11 (5) Assisting a speech-language pathologist during
12 assessments, including, but not limited to, assisting
13 with formal documentation, preparing materials, and
14 performing clerical duties for a supervising
15 speech-language pathologist.
16 (6) Acting as an interpreter for non-English
17 speaking students and their family members when competent
18 to do so.
19 (7) Scheduling activities and preparing charts,
20 records, graphs, and data.
21 (8) Performing checks and maintenance of equipment,
22 including, but not limited to, augmentative communication
23 devices.
24 (9) Assisting with speech-language pathology
25 research projects, in-service training, and family or
26 community education.
27 (e) A speech-language pathology assistant may not:
28 (1) perform standardized or nonstandardized
29 diagnostic tests or formal or informal evaluations or
30 interpret test results;
31 (2) screen or diagnose students for feeding or
32 swallowing disorders;
33 (3) participate in parent conferences, case
34 conferences, or any interdisciplinary team without the
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1 presence of the supervising speech-language pathologist;
2 (4) provide student or family counseling;
3 (5) write, develop, or modify a student's
4 individualized treatment plan;
5 (6) assist with students without following the
6 individualized treatment plan prepared by the supervising
7 speech-language pathologist;
8 (7) sign any formal documents, such as treatment
9 plans, reimbursement forms, or reports;
10 (8) select students for services;
11 (9) discharge a student from services;
12 (10) disclose clinical or confidential information,
13 either orally or in writing, to anyone other than the
14 supervising speech-language pathologist;
15 (11) make referrals for additional services;
16 (12) counsel or consult with the student, family,
17 or others regarding the student's status or service;
18 (13) represent himself or herself to be a
19 speech-language pathologist or a speech therapist;
20 (14) use a checklist or tabulate results of feeding
21 or swallowing evaluations; or
22 (15) demonstrate swallowing strategies or
23 precautions to students, family, or staff.
24 (f) A speech-language pathology assistant shall practice
25 only under the supervision of a speech-language pathologist
26 who has at least 2 years experience in addition to the
27 supervised professional experience required under subsection
28 (f) of Section 8 of the Illinois Speech-Language Pathology
29 and Audiology Practice Act. A speech-language pathologist
30 who supervises a speech-language pathology assistant must
31 have completed at least 10 clock hours of training in the
32 supervision of speech-language pathology assistants. The
33 State Board of Education shall promulgate rules describing
34 the supervision training requirements. The rules may allow a
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1 speech-language pathologist to apply to the State Board of
2 Education for an exemption from this training requirement
3 based upon prior supervisory experience.
4 (g) A speech-language pathology assistant must be under
5 the direct supervision of a speech-language pathologist at
6 least 30% of the speech-language pathology assistant's actual
7 student contact time per student for the first 90 days of
8 initial employment as a speech-language pathology assistant.
9 Thereafter, the speech-language pathology assistant must be
10 under the direct supervision of a speech-language pathologist
11 at least 20% of the speech-language pathology assistant's
12 actual student contact time per student. Supervision of a
13 speech-language pathology assistant beyond the minimum
14 requirements of this subsection may be imposed at the
15 discretion of the supervising speech-language pathologist. A
16 supervising speech-language pathologist must be available to
17 communicate with a speech-language pathology assistant
18 whenever the assistant is in contact with a student.
19 (h) A speech-language pathologist that supervises a
20 speech-language pathology assistant must document direct
21 supervision activities. At a minimum, supervision
22 documentation must provide (i) information regarding the
23 quality of the speech-language pathology assistant's
24 performance of assigned duties and (ii) verification that
25 clinical activity is limited to duties specified in this
26 Section.
27 (i) A full-time speech-language pathologist may
28 supervise no more than 2 speech-language pathology
29 assistants. A speech-language pathologist that does not work
30 full-time may supervise no more than one speech-language
31 pathology assistant.
32 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
33 Sec. 21-14. Registration and renewal of certificates.
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1 (a) A limited four-year certificate or a certificate
2 issued after July 1, 1955, shall be renewable at its
3 expiration or within 60 days thereafter by the county
4 superintendent of schools having supervision and control over
5 the school where the teacher is teaching upon certified
6 evidence of meeting the requirements for renewal as required
7 by this Act and prescribed by the State Board of Education in
8 consultation with the State Teacher Certification Board. An
9 elementary supervisory certificate shall not be renewed at
10 the end of the first four-year period covered by the
11 certificate unless the holder thereof has filed certified
12 evidence with the State Teacher Certification Board that he
13 has a master's degree or that he has earned 8 semester hours
14 of credit in the field of educational administration and
15 supervision in a recognized institution of higher learning.
16 The holder shall continue to earn 8 semester hours of credit
17 each four-year period until such time as he has earned a
18 master's degree.
19 All certificates not renewed or registered as herein
20 provided shall lapse after a period of 5 years from the
21 expiration of the last year of registration. Such
22 certificates may be reinstated for a one year period upon
23 payment of all accumulated registration fees. Such
24 reinstated certificates shall only be renewed: (1) by earning
25 5 semester hours of credit in a recognized institution of
26 higher learning in the field of professional education or in
27 courses related to the holder's contractual teaching duties;
28 or (2) by presenting evidence of holding a valid regular
29 certificate of some other type. Any certificate may be
30 voluntarily surrendered by the certificate holder. A
31 voluntarily surrendered certificate shall be treated as a
32 revoked certificate.
33 (b) When those teaching certificates issued before
34 February 15, 2000 are renewed for the first time after
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1 February 15, 2000, all such teaching certificates shall be
2 exchanged for Standard Teaching Certificates as provided in
3 subsection (c) of Section 21-2. All Initial and Standard
4 Teaching Certificates, including those issued to persons who
5 previously held teaching certificates issued before February
6 15, 2000, shall be renewable under the conditions set forth
7 in this subsection (b).
8 Initial Teaching Certificates are nonrenewable and are
9 valid for 4 years of teaching. Standard Teaching
10 Certificates are renewable every 5 years as provided in
11 subsection (c) of Section 21-2 and subsection (c) of this
12 Section. For purposes of this Section, "teaching" is defined
13 as employment and performance of services in an Illinois
14 public or State-operated elementary school, secondary school,
15 or cooperative or joint agreement with a governing body or
16 board of control, in a certificated teaching position, or a
17 charter school operating in compliance with the Charter
18 Schools Law.
19 (c) In compliance with subsection (c) of Section 21-2 of
20 this Code, which provides that a Standard Teaching
21 Certificate may be renewed by the State Teacher Certification
22 Board based upon proof of continuing professional
23 development, the State Board of Education and the State
24 Teacher Certification Board shall jointly:
25 (1) establish a procedure for renewing Standard
26 Teaching Certificates, which shall include but not be
27 limited to annual timelines for the renewal process and
28 the components set forth in subsections (d) through (k)
29 of this Section;
30 (2) establish the standards for certificate
31 renewal;
32 (3) approve the providers of continuing
33 professional development activities;
34 (4) determine the maximum credit for each category
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1 of continuing professional development activities, based
2 upon recommendations submitted by a continuing
3 professional development activity task force, which shall
4 consist of 6 staff members from the State Board of
5 Education, appointed by the State Superintendent of
6 Education, and 6 teacher representatives, 3 of whom are
7 selected by the Illinois Education Association and 3 of
8 whom are selected by the Illinois Federation of Teachers;
9 (5) designate the type and amount of documentation
10 required to show that continuing professional development
11 activities have been completed; and
12 (6) provide, on a timely basis to all Illinois
13 teachers, certificate holders, regional superintendents
14 of schools, school districts, and others with an interest
15 in continuing professional development, information about
16 the standards and requirements established pursuant to
17 this subsection (c).
18 (d) Any Standard Teaching Certificate held by an
19 individual employed and performing services in an Illinois
20 public or State-operated elementary school, secondary school,
21 or cooperative or joint agreement with a governing body or
22 board of control in a certificated teaching position or a
23 charter school in compliance with the Charter Schools Law
24 must be maintained Valid and Active through certificate
25 renewal activities specified in the certificate renewal
26 procedure established pursuant to subsection (c) of this
27 Section, provided that a holder of a Valid and Active
28 certificate who is only employed on either a part-time basis
29 or day-to-day basis as a substitute teacher shall pay only
30 the required registration fee to renew his or her certificate
31 and maintain it as Valid and Active. All other Standard
32 Teaching Certificates held may be maintained as Valid and
33 Exempt through the registration process provided for in the
34 certificate renewal procedure established pursuant to
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1 subsection (c) of this Section. A Valid and Exempt
2 certificate must be immediately activated, through procedures
3 developed jointly by the State Board of Education and the
4 State Teacher Certification Board, upon the certificate
5 holder becoming employed and performing services in an
6 Illinois public or State-operated elementary school,
7 secondary school, or cooperative or joint agreement with a
8 governing body or board of control in a certificated teaching
9 position or a charter school operating in compliance with the
10 Charter Schools Law. A holder of a Valid and Exempt
11 certificate may activate his or her certificate through
12 procedures provided for in the certificate renewal procedure
13 established pursuant to subsection (c) of this Section.
14 (e)(1) A Standard Teaching Certificate that has been
15 maintained as Valid and Active for the 5 years of the
16 certificate's validity shall be renewed as Valid and Active
17 upon the certificate holder: (i) completing at least 8
18 semester hours of coursework as described in subdivision (A)
19 of paragraph (3) of this subsection (e); (ii) earning at
20 least 24 continuing education units as described in
21 subdivision (B) of paragraph (3) of this subsection (e);
22 (iii) completing the National Board for Professional Teaching
23 Standards process as described in subdivision (C) of
24 paragraph (3) of this subsection (e); or (iv) earning 120
25 continuing professional development units ("CPDU") as
26 described in subdivision (D) of paragraph (3) of this
27 subsection (e). The maximum continuing professional
28 development units for each continuing professional
29 development activity identified in subdivisions (E) through
30 (I) of paragraph (3) of this subsection (e) shall be jointly
31 determined by the State Board of Education and the State
32 Teacher Certification Board. If, however, the certificate
33 holder has maintained the certificate as Valid and Exempt for
34 a portion of the 5-year period of validity, the number of
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1 continuing professional development units needed to renew the
2 certificate as Valid and Active shall be proportionately
3 reduced by the amount of time the certificate was Valid and
4 Exempt. Furthermore, if a certificate holder is employed and
5 performs teaching services on a part-time basis for all or a
6 portion of the certificate's 5-year period of validity, the
7 number of continuing professional development units needed to
8 renew the certificate as Valid and Active shall be reduced by
9 50% for the amount of time the certificate holder has been
10 employed and performed teaching services on a part-time
11 basis. Part-time shall be defined as less than 50% of the
12 school day or school term.
13 (2) Each Valid and Active Standard Teaching Certificate
14 holder shall develop a certificate renewal plan for
15 satisfying the continuing professional development
16 requirement provided for in subsection (c) of Section 21-2 of
17 this Code. Certificate holders with multiple certificates
18 shall develop a certificate renewal plan that addresses only
19 that certificate or those certificates that are required of
20 his or her certificated teaching position, if the certificate
21 holder is employed and performing services in an Illinois
22 public or State-operated elementary school, secondary school,
23 or cooperative or joint agreement with a governing body or
24 board of control, or that certificate or those certificates
25 most closely related to his or her teaching position, if the
26 certificate holder is employed in a charter school. Except
27 as otherwise provided in this subsection (e), a certificate
28 renewal plan shall include a minimum of 3 individual
29 improvement goals developed by the certificate holder and
30 shall reflect purposes (A), (B), and (C) and may reflect
31 purpose (D) of the following continuing professional
32 development purposes:
33 (A) Advance both the certificate holder's knowledge
34 and skills as a teacher consistent with the Illinois
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1 Professional Teaching Standards and the Illinois Content
2 Area Standards in the certificate holder's areas of
3 certification, endorsement, or teaching assignment in
4 order to keep the certificate holder current in those
5 areas.
6 (B) Develop the certificate holder's knowledge and
7 skills in areas determined to be critical for all
8 Illinois teachers, as defined by the State Board of
9 Education, known as "State priorities".
10 (C) Address the knowledge, skills, and goals of the
11 certificate holder's local school improvement plan, if
12 the teacher is employed in an Illinois public or
13 State-operated elementary school, secondary school, or
14 cooperative or joint agreement with a governing body or
15 board of control.
16 (D) Expand knowledge and skills in an additional
17 teaching field or toward the acquisition of another
18 teaching certificate, endorsement, or relevant education
19 degree.
20 A certificate renewal plan must include a description of how
21 these goals are to be achieved and an explanation of selected
22 continuing professional development activities to be
23 completed, each of which must meet one or more of the
24 continuing professional development purposes specified in
25 this paragraph (2). The plan shall identify potential
26 activities and include projected timelines for those
27 activities that will assure completion of the plan before the
28 expiration of the 5-year validity of the Standard Teaching
29 Certificate. Except as otherwise provided in this subsection
30 (e), at least 50% of continuing professional development
31 units must relate to purposes (A) and (B) set forth in this
32 paragraph (2): the advancement of a certificate holder's
33 knowledge and skills as a teacher consistent with the
34 Illinois Professional Teaching Standards and the Illinois
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1 Content Area Standards in the certificate holder's areas of
2 certification, endorsement, or teaching assignment in order
3 to keep the certificate holder current in those areas and the
4 development of a certificate holder's knowledge and skills in
5 the State priorities that exist at the time the certificate
6 renewal plan is developed.
7 A speech-language pathologist or audiologist who is
8 licensed under the Illinois Speech-Language Pathology and
9 Audiology Practice Act and who has met the continuing
10 education requirements of that Act and the rules promulgated
11 under that Act shall be deemed to have satisfied the
12 continuing professional development requirements established
13 by the State Board of Education and the Teacher Certification
14 Board to renew a Standard Certificate.
15 (3) Continuing professional development activities
16 included in a certificate renewal plan may include, but are
17 not limited to, the following activities:
18 (A) at least 8 semester hours of coursework in an
19 approved education-related program, of which at least 2
20 semester hours relate to the continuing professional
21 development purpose set forth in purpose (A) of paragraph
22 (2) of this subsection (e), provided that such a plan
23 need not include any other continuing professional
24 development activities nor reflect or contain activities
25 related to the other continuing professional development
26 purposes set forth in paragraph (2) of this subsection
27 (e);
28 (B) continuing education units that satisfy the
29 continuing professional development purposes set forth in
30 paragraph (2) of this subsection (e), with each
31 continuing education unit equal to 5 clock hours,
32 provided that a plan that includes at least 24 continuing
33 education units (or 120 clock/contact hours) need not
34 include any other continuing professional development
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1 activities;
2 (C) completion of the National Board of
3 Professional Teaching Standards ("NBPTS") process,
4 provided that a plan that includes completion of the
5 NBPTS process need not include any other continuing
6 professional development activities nor reflect or
7 contain activities related to the continuing professional
8 development purposes set forth in paragraph (2) of
9 subsection (e) of this Section;
10 (D) completion of 120 continuing professional
11 development units that satisfy the continuing
12 professional development purposes set forth in paragraph
13 (2) of this subsection (e) and may include without
14 limitation the activities identified in subdivisions (E)
15 through (I) of this paragraph (3);
16 (E) collaboration and partnership activities
17 related to improving the teacher's knowledge and skills
18 as a teacher, including the following:
19 (i) participating on collaborative planning
20 and professional improvement teams and committees;
21 (ii) peer review and coaching;
22 (iii) mentoring in a formal mentoring program,
23 including service as a consulting teacher
24 participating in a remediation process formulated
25 under Section 24A-5 of this Code;
26 (iv) participating in site-based management or
27 decision making teams, relevant committees, boards,
28 or task forces directly related to school
29 improvement plans;
30 (v) coordinating community resources in
31 schools, if the project is a specific goal of the
32 school improvement plan;
33 (vi) facilitating parent education programs
34 for a school, school district, or regional office of
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1 education directly related to student achievement or
2 school improvement plans;
3 (vii) participating in business, school, or
4 community partnerships directly related to student
5 achievement or school improvement plans;
6 (viii) supervising a student teacher or
7 teacher education candidate in clinical supervision,
8 provided that the supervision may only be counted
9 once during the course of 5 years;
10 (F) college or university coursework related to
11 improving the teacher's knowledge and skills as a teacher
12 as follows:
13 (i) completing undergraduate or graduate
14 credit earned from a regionally accredited
15 institution in coursework relevant to the
16 certificate area being renewed, provided the
17 coursework meets Illinois Professional Teaching
18 Standards or Illinois Content Area Standards and
19 supports the essential characteristics of quality
20 professional development; or
21 (ii) teaching college or university courses in
22 areas relevant to the certificate area being
23 renewed, provided that the teaching may only be
24 counted once during the course of 5 years;
25 (G) conferences, workshops, institutes, seminars,
26 and symposiums related to improving the teacher's
27 knowledge and skills as a teacher, including the
28 following:
29 (i) completing non-university credit directly
30 related to student achievement, school improvement
31 plans, or State priorities;
32 (ii) participating in or presenting at
33 workshops, seminars, conferences, institutes, and
34 symposiums;
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1 (iii) training as external reviewers for
2 Quality Assurance;
3 (iv) training as reviewers of university
4 teacher preparation programs;
5 (H) other educational experiences related to
6 improving the teacher's knowledge and skills as a
7 teacher, including the following:
8 (i) participating in action research and
9 inquiry projects;
10 (ii) observing programs or teaching in
11 schools, related businesses, or industry that is
12 systematic, purposeful, and relevant to certificate
13 renewal;
14 (iii) traveling related to ones teaching
15 assignment, directly related to student achievement
16 or school improvement plans and approved at least 30
17 days prior to the travel experience, provided that
18 the traveling shall not include time spent commuting
19 to destinations where the learning experience will
20 occur;
21 (iv) participating in study groups related to
22 student achievement or school improvement plans;
23 (v) serving on a statewide education-related
24 committee, including but not limited to the State
25 Teacher Certification Board, State Board of
26 Education strategic agenda teams, or the State
27 Advisory Council on Education of Children with
28 Disabilities;
29 (vi) participating in work/learn programs or
30 internships; or
31 (I) professional leadership experiences related to
32 improving the teacher's knowledge and skills as a
33 teacher, including the following:
34 (i) participating in curriculum development or
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1 assessment activities at the school, school
2 district, regional office of education, State, or
3 national level;
4 (ii) participating in team or department
5 leadership in a school or school district;
6 (iii) participating on external or internal
7 school or school district review teams;
8 (iv) publishing educational articles, columns,
9 or books relevant to the certificate area being
10 renewed; or
11 (v) participating in non-strike related
12 professional association or labor organization
13 service or activities related to professional
14 development.
15 (4) A certificate renewal plan must initially be
16 approved by the certificate holder's local professional
17 development committee, as provided for in subsection (f) of
18 this Section. If the local professional development
19 committee does not approve the certificate renewal plan, the
20 certificate holder may appeal that determination to the
21 regional professional development review committee, as
22 provided for in paragraph (2) of subsection (g) of this
23 Section. If the regional professional development review
24 committee disagrees with the local professional development
25 committee's determination, the certificate renewal plan shall
26 be deemed approved and the certificate holder may begin
27 satisfying the continuing professional development activities
28 set forth in the plan. If the regional professional
29 development review committee agrees with the local
30 professional development committee's determination, the
31 certificate renewal plan shall be deemed disapproved and
32 shall be returned to the certificate holder to develop a
33 revised certificate renewal plan. In all cases, the regional
34 professional development review committee shall immediately
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1 notify both the local professional development committee and
2 the certificate holder of its determination.
3 (5) A certificate holder who wishes to modify the
4 continuing professional development activities or goals in
5 his or her certificate renewal plan must submit the proposed
6 modifications to his or her local professional development
7 committee for approval prior to engaging in the proposed
8 activities. If the local professional development committee
9 does not approve the proposed modification, the certificate
10 holder may appeal that determination to the regional
11 professional development review committee, as set forth in
12 paragraph (4) of this subsection (e).
13 (6) When a certificate holder changes assignments or
14 school districts during the course of completing a
15 certificate renewal plan, the professional development and
16 continuing education credit earned pursuant to the plan shall
17 transfer to the new assignment or school district and count
18 toward the total requirements. This certificate renewal plan
19 must be reviewed by the appropriate local professional
20 development committee and may be modified to reflect the
21 certificate holder's new work assignment or the school
22 improvement plan of the new school district or school
23 building.
24 (f) Notwithstanding any other provisions of this Code,
25 each school district, charter school, and cooperative or
26 joint agreement with a governing body or board of control
27 that employs certificated staff, shall establish and
28 implement, in conjunction with its exclusive representative,
29 if any, one or more local professional development
30 committees, as set forth in this subsection (f), which shall
31 perform the following functions:
32 (1) review and approve certificate renewal plans
33 and any modifications made to these plans, including
34 transferred plans;
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1 (2) maintain a file of approved certificate renewal
2 plans;
3 (3) monitor certificate holders' progress in
4 completing approved certificate renewal plans;
5 (4) assist in the development of professional
6 development plans based upon needs identified in
7 certificate renewal plans;
8 (5) determine whether certificate holders have met
9 the requirements of their certificate renewal plans and
10 notify certificate holders of its determination;
11 (6) provide a certificate holder with the
12 opportunity to address the committee when it has
13 determined that the certificate holder has not met the
14 requirements of his or her certificate renewal plan;
15 (7) issue and forward recommendations for renewal
16 or nonrenewal of certificate holders' Standard Teaching
17 Certificates to the appropriate regional superintendent
18 of schools, based upon whether certificate holders have
19 met the requirements of their approved certificate
20 renewal plans, with 30-day written notice of its
21 recommendation provided to the certificate holder prior
22 to forwarding the recommendation to the regional
23 superintendent of schools, provided that if the local
24 professional development committee's recommendation is
25 for certificate nonrenewal, the written notice provided
26 to the certificate holder shall include a return receipt;
27 and
28 (8) reconsider its recommendation of certificate
29 nonrenewal, upon request of the certificate holder within
30 30 days of receipt of written notification that the local
31 professional development committee will make such a
32 recommendation, and forward to the regional
33 superintendent of schools its recommendation within 30
34 days of receipt of the certificate holder's request.
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1 Each local professional development committee shall
2 consist of at least 3 classroom teachers; one superintendent
3 or chief administrator of the school district, charter
4 school, or cooperative or joint agreement or his or her
5 designee; and one at-large member who shall be either (i) a
6 parent, (ii) a member of the business community, (iii) a
7 community member, or (iv) an administrator, with preference
8 given to an individual chosen from among those persons listed
9 in items (i), (ii), and (iii) in order to secure
10 representation of an interest not already represented on the
11 committee. If mutually agreed upon by the school district,
12 charter school, or governing body or board of control of a
13 cooperative or joint agreement and its exclusive
14 representative, if any, additional members may be added to a
15 local professional development committee, provided that a
16 majority of members are classroom teachers. The school
17 district, charter school, or governing body or board of
18 control of a cooperative or joint agreement and its exclusive
19 representative, if any, shall determine the term of service
20 of the members of a local professional development committee.
21 All individuals selected to serve on local professional
22 development committees must be known to demonstrate the best
23 practices in teaching or their respective field of practice.
24 The exclusive representative, if any, shall select the
25 classroom teacher members of the local professional
26 development committee. If no exclusive representative
27 exists, then the classroom teacher members of a local
28 professional development committee shall be selected by the
29 classroom teachers that come within the local professional
30 development committee's authority. The school district,
31 charter school, or governing body or board of control of a
32 cooperative or joint agreement shall select the 2
33 non-classroom teacher members (the superintendent or chief
34 administrator of the school district, charter school, or
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1 cooperative or joint agreement or his or her designee and the
2 at-large member) of a local professional development
3 committee. Vacancies in positions on a local professional
4 development committee shall be filled in the same manner as
5 the original selections. The members of a local professional
6 development committee shall select a chairperson. Local
7 professional development committee meetings shall be
8 scheduled so as not to interfere with committee members'
9 regularly scheduled teaching duties, except when otherwise
10 permitted by the policies of or agreed to or approved by the
11 school district, charter school, or governing body or board
12 of control of a cooperative or joint agreement, or its
13 designee.
14 The board of education or governing board shall convene
15 the first meeting of the local professional development
16 committee. All actions taken by the local professional
17 development committee shall require that a majority of
18 committee members be present, and no committee action may be
19 taken unless 50% or more of those present are teacher
20 members.
21 The State Board of Education and the State Teacher
22 Certification Board shall jointly provide local professional
23 development committee members with a training manual, and the
24 members shall certify that they have received and read the
25 manual.
26 Notwithstanding any other provisions of this subsection
27 (f), for a teacher employed and performing services in a
28 nonpublic or State-operated elementary or secondary school,
29 all references to a local professional development committee
30 shall mean the regional superintendent of schools of the
31 regional office of education for the geographic area where
32 the teaching is done.
33 (g)(1) Each regional superintendent of schools shall
34 review and concur or nonconcur with each recommendation for
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1 renewal or nonrenewal of a Standard Teaching Certificate he
2 or she receives from a local professional development
3 committee or, if a certificate holder appeals the
4 recommendation to the regional professional development
5 review committee, the recommendation for renewal or
6 nonrenewal he or she receives from a regional professional
7 development review committee and, within 14 days of receipt
8 of the recommendation, shall provide the State Teacher
9 Certification Board with verification of the following, if
10 applicable:
11 (A) a certificate renewal plan was filed and
12 approved by the appropriate local professional
13 development committee;
14 (B) the professional development and continuing
15 education activities set forth in the approved
16 certificate renewal plan have been satisfactorily
17 completed;
18 (C) the local professional development committee
19 has recommended the renewal of the certificate holder's
20 Standard Teaching Certificate and forwarded the
21 recommendation, along with all supporting documentation
22 as jointly required by the State Board of Education and
23 the State Teacher Certification Board, to the regional
24 superintendent of schools;
25 (D) the certificate holder has appealed his or her
26 local professional development committee's recommendation
27 of nonrenewal to the regional professional development
28 review committee and the result of that appeal;
29 (E) the regional superintendent of schools has
30 concurred or nonconcurred with the local professional
31 development committee's or regional professional
32 development review committee's recommendation to renew or
33 nonrenew the certificate holder's Standard Teaching
34 Certificate and made a recommendation to that effect; and
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1 (F) the established registration fee for the
2 Standard Teaching Certificate has been paid.
3 At the same time the regional superintendent of schools
4 provides the State Teacher Certification Board with the
5 notice required by this subsection (g), he or she shall also
6 notify the certificate holder in writing that this notice has
7 been provided to the State Teacher Certification Board,
8 provided that if the notice provided by the regional
9 superintendent of schools to the State Teacher Certification
10 Board includes a recommendation of certificate nonrenewal,
11 the written notice provided to the certificate holder shall
12 be by certified mail, return receipt requested.
13 (2) Each certificate holder shall have the right to
14 appeal his or her local professional development committee's
15 recommendation of nonrenewal to the regional professional
16 development review committee, within 14 days of receipt of
17 notice that the recommendation has been sent to the regional
18 superintendent of schools. Each regional superintendent of
19 schools shall establish a regional professional development
20 review committee or committees for the purpose of advising
21 the regional superintendent of schools, upon request, and
22 handling certificate holder appeals. This committee shall
23 consist of at least 4 classroom teachers, one
24 non-administrative certificated educational employee, 2
25 administrators, and one at-large member who shall be either
26 (i) a parent, (ii) a member of the business community, (iii)
27 a community member, or (iv) an administrator, with preference
28 given to an individual chosen from among those persons listed
29 in items (i), (ii), and (iii) in order to secure
30 representation of an interest not already represented on the
31 committee. The teacher and non-administrative certificated
32 educational employee members of the review committee shall be
33 selected by their exclusive representative, if any, and the
34 administrators and at-large member shall be selected by the
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1 regional superintendent of schools. A regional
2 superintendent of schools may add additional members to the
3 committee, provided that the same proportion of teachers to
4 administrators and at-large members on the committee is
5 maintained. Any additional teacher and non-administrative
6 certificated educational employee members shall be selected
7 by their exclusive representative, if any. Vacancies in
8 positions on a regional professional development review
9 committee shall be filled in the same manner as the original
10 selections. Committee members shall serve staggered 3-year
11 terms. All individuals selected to serve on regional
12 professional development review committees must be known to
13 demonstrate the best practices in teaching or their
14 respective field of practice.
15 The exclusive representative responsible for choosing the
16 individuals that serve on a regional professional development
17 review committee shall notify each school district, charter
18 school, or governing body or board of control of a
19 cooperative or joint agreement employing the individuals
20 chosen to serve and provide their names to the appropriate
21 regional superintendent of schools. Regional professional
22 development review committee meetings shall be scheduled so
23 as not to interfere with the committee members' regularly
24 scheduled teaching duties, except when otherwise permitted by
25 the policies of or agreed to or approved by the school
26 district, charter school, or governing body or board of
27 control of a cooperative or joint agreement, or its designee,
28 provided that the school district, charter school, or
29 governing body or board of control shall not unreasonably
30 withhold permission for a committee member to attend regional
31 professional development review committee meetings.
32 In a city having a population exceeding 500,000 that does
33 not have a regional office of education, one or more separate
34 regional professional development review committees shall be
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1 established as mutually agreed upon by the board of education
2 of the school district organized under Article 34 of this
3 Code and the exclusive representative. The composition of
4 each committee shall be the same as for a regional
5 professional development review committee, except that
6 members of the committee shall be jointly appointed by the
7 board of education and the exclusive representative. All
8 other provisions of this Section concerning regional
9 professional development review committees shall apply to
10 these committees.
11 The regional professional development review committee
12 may require information in addition to that received from a
13 certificate holder's local professional development committee
14 or request that the certificate holder appear before it,
15 shall either concur or nonconcur with a local professional
16 development committee's recommendation of nonrenewal, and
17 shall forward to the regional superintendent of schools its
18 recommendation of renewal or nonrenewal. All actions taken
19 by the regional professional development review committee
20 shall require a quorum and be by a simple majority of those
21 present and voting. A record of all votes shall be
22 maintained. The committee shall have 45 days from receipt of
23 a certificate holder's appeal to make its recommendation to
24 the regional superintendent of schools.
25 The State Board of Education and the State Teacher
26 Certification Board shall jointly provide regional
27 professional development review committee members with a
28 training manual, and the members shall be required to attend
29 one training seminar sponsored jointly by the State Board of
30 Education and the State Teacher Certification Board.
31 (h)(1) The State Teacher Certification Board shall
32 review the regional superintendent of schools'
33 recommendations to renew or nonrenew Standard Teaching
34 Certificates and notify certificate holders in writing
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1 whether their certificates have been renewed or nonrenewed
2 within 90 days of receipt of the recommendations, unless a
3 certificate holder has appealed a regional superintendent of
4 schools' recommendation of nonrenewal, as provided in
5 paragraph (2) of this subsection (h). The State Teacher
6 Certification Board shall verify that the certificate holder
7 has met the renewal criteria set forth in paragraph (1) of
8 subsection (g) of this Section.
9 (2) Each certificate holder shall have the right to
10 appeal a regional superintendent of school's recommendation
11 to nonrenew his or her Standard Teaching Certificate to the
12 State Teacher Certification Board, within 14 days of receipt
13 of notice that the decision has been sent to the State
14 Teacher Certification Board, which shall hold an appeal
15 hearing within 60 days of receipt of the appeal. When such
16 an appeal is taken, the certificate holder's Standard
17 Teaching Certificate shall continue to be valid until the
18 appeal is finally determined. The State Teacher
19 Certification Board shall review the regional superintendent
20 of school's recommendation, the regional professional
21 development review committee's recommendation, if any, and
22 the local professional development committee's recommendation
23 and all relevant documentation to verify whether the
24 certificate holder has met the renewal criteria set forth in
25 paragraph (1) of subsection (g) of this Section. The State
26 Teacher Certification Board may request that the certificate
27 holder appear before it. All actions taken by the State
28 Teacher Certification Board shall require a quorum and be by
29 a simple majority of those present and voting. A record of
30 all votes shall be maintained. The State Teacher
31 Certification Board shall notify the certificate holder in
32 writing, within 7 days of completing the review, whether his
33 or her Standard Teaching Certificate has been renewed or
34 nonrenewed, provided that if the State Teacher Certification
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1 Board determines to nonrenew a certificate, the written
2 notice provided to the certificate holder shall be by
3 certified mail, return receipt requested. All certificate
4 renewal or nonrenewal decisions of the State Teacher
5 Certification Board are final and subject to administrative
6 review, as set forth in Section 21-24 of this Code.
7 (i) Holders of Master Teaching Certificates shall meet
8 the same requirements and follow the same procedures as
9 holders of Standard Teaching Certificates, except that their
10 renewal cycle shall be as set forth in subsection (d) of
11 Section 21-2 of this Code. A holder of a teaching certificate
12 endorsed as a speech-language pathologist who has been
13 granted the Certificate of Clinical Competence by the
14 American Speech-Language Hearing Association may renew his or
15 her Standard Teaching Certificate pursuant to the 10-year
16 renewal cycle set forth in subsection (d) of Section 21-2 of
17 this Code.
18 (j) Holders of Valid and Exempt Standard and Master
19 Teaching Certificates who are not employed and performing
20 services in an Illinois public or State-operated elementary
21 school, secondary school, or cooperative or joint agreement
22 with a governing body or board of control, in a certificated
23 teaching position, may voluntarily activate their
24 certificates by developing and submitting a certificate
25 renewal plan to the regional superintendent of schools of the
26 regional office of education for the geographic area where
27 their teaching is done, who, or whose designee, shall approve
28 the plan and serve as the certificate holder's local
29 professional development committee. These certificate
30 holders shall follow the same renewal criteria and procedures
31 as all other Standard and Master Teaching Certificate
32 holders, except that their continuing professional
33 development plans shall not be required to reflect or address
34 the knowledge, skills, and goals of a local school
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1 improvement plan.
2 (k) Each school district, charter school, or cooperative
3 or joint agreement shall be paid an annual amount of not less
4 than $1,000, as determined by a formula based on the number
5 of Standard Teaching and Master Teaching Certificate holders,
6 subject to renewal and established by rule, not to exceed
7 $1,000,000 annually for all school districts, charter
8 schools, and cooperatives or joint agreements, for
9 administrative costs associated with conducting the meetings
10 of the local professional development committee. Each
11 regional office of education shall receive $2,000 annually to
12 pay school districts, charter schools, or cooperatives or
13 joint agreements for costs, as defined by rule, incurred in
14 staff attendance at regional professional development review
15 committee meetings and the training seminar required under
16 paragraph (2) of subsection (g) of this Section.
17 (l) The State Board of Education and the State Teacher
18 Certification Board shall jointly contract with an
19 independent party to conduct a comprehensive evaluation of
20 the certificate renewal system pursuant to this Section. The
21 first report of this evaluation shall be presented to the
22 General Assembly on January 1, 2005 and on January 1 of every
23 third year thereafter.
24 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98;
25 90-811, eff. 1-26-99; 91-102, eff. 7-12-99.)
26 Section 10. The Illinois Speech-Language Pathology and
27 Audiology Practice Act is amended by changing Sections 3,
28 3.5, 7, 8, 10, 11, 13, 16, 16.5, 18, 26, 27, 28, 29, 29.5,
29 and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 as follows:
30 (225 ILCS 110/3) (from Ch. 111, par. 7903)
31 Sec. 3. Definitions. The following words and phrases
32 shall have the meaning ascribed to them in this Section
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1 unless the context clearly indicates otherwise:
2 (a) "Department" means the Department of Professional
3 Regulation.
4 (b) "Director" means the Director of Professional
5 Regulation.
6 (c) "Board" means the Board of Speech-Language Pathology
7 and Audiology established under Section 5 of this Act.
8 (d) "Speech-Language Pathologist" means a person who has
9 received a license pursuant to this Act and who engages in
10 the practice of speech-language pathology.
11 (e) "Audiologist" means a person who has received a
12 license pursuant to this Act and who engages in the practice
13 of audiology.
14 (f) "Public member" means a person who is not a health
15 professional. For purposes of board membership, any person
16 with a significant financial interest in a health service or
17 profession is not a public member.
18 (g) "The practice of audiology" is the application of
19 nonmedical methods and procedures for the identification,
20 measurement, testing, appraisal, prediction, habilitation,
21 rehabilitation, or instruction related to hearing and
22 disorders of hearing. These procedures are for the purpose
23 of counseling, consulting and rendering or offering to render
24 services or for participating in the planning, directing or
25 conducting of programs that are designed to modify
26 communicative disorders involving speech, language or
27 auditory function related to hearing loss. The practice of
28 audiology may include, but shall not be limited to, the
29 following:
30 (1) any task, procedure, act, or practice that is
31 necessary for the evaluation of hearing or vestibular
32 function;
33 (2) training in the use of amplification, including
34 hearing aids;
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1 (3) performing basic speech and language screening
2 tests and procedures consistent with audiology training.
3 (h) "The practice of speech-language pathology" is the
4 application of nonmedical methods and procedures for the
5 identification, measurement, testing, appraisal, prediction,
6 habilitation, rehabilitation, and modification related to
7 communication development, and disorders or disabilities of
8 speech, language, voice, swallowing, and other speech,
9 language and voice related disorders. These procedures are
10 for the purpose of counseling, consulting and rendering or
11 offering to render services, or for participating in the
12 planning, directing or conducting of programs that are
13 designed to modify communicative disorders and conditions in
14 individuals or groups of individuals involving speech,
15 language, voice and swallowing function.
16 "The practice of speech-language pathology" shall
17 include, but shall not be limited to, the following:
18 (1) hearing screening tests and aural
19 rehabilitation procedures consistent with speech-language
20 pathology training;
21 (2) tasks, procedures, acts or practices that are
22 necessary for the evaluation of, and training in the use
23 of, augmentative communication systems, communication
24 variation, cognitive rehabilitation, non-spoken language
25 production and comprehension.
26 (i) "Speech-language pathology assistant" means a person
27 who has received a license pursuant to this Act to assist a
28 speech-language pathologist in the manner provided in this
29 Act.
30 (Source: P.A. 90-69, eff. 7-8-97.)
31 (225 ILCS 110/3.5)
32 Sec. 3.5. Exemptions. This Act does not prohibit:
33 (a) The practice of speech-language pathology or
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1 audiology by students in their course of study in
2 programs approved by the Department when acting under the
3 direction and supervision of licensed speech-language
4 pathologists or audiologists.
5 (b) The performance of any speech-language
6 pathology service by a speech-language pathology
7 assistant or a speech-language pathology paraprofessional
8 an appropriately trained person if such service is
9 performed under the supervision and full responsibility
10 of a licensed speech-language pathologist. A speech
11 language pathology assistant may perform only those
12 duties authorized by Section 8.7 under the supervision of
13 a speech-language pathologist as provided in Section 8.8.
14 (b-5) The performance of an audiology service by an
15 appropriately trained person if that service is performed
16 under the supervision and full responsibility of a
17 licensed audiologist.
18 (c) The performance of audiometric testing for the
19 purpose of industrial hearing conservation by an
20 audiometric technician certified by the Council of
21 Accreditation for Occupational Hearing Conservation
22 (CAOHC).
23 (d) The performance of an audiometric screening by
24 an audiometric screenings technician certified by the
25 Department of Public Health.
26 (e) The selling or practice of fitting, dispensing,
27 or servicing hearing instruments by a hearing instrument
28 dispenser licensed under the Hearing Instrument Consumer
29 Protection Act.
30 (f) A person licensed in this State under any other
31 Act from engaging in the practice for which he or she is
32 licensed.
33 (g) The performance of vestibular function testing
34 by an appropriately trained person under the supervision
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1 of a physician licensed to practice medicine in all its
2 branches.
3 (Source: P.A. 90-69, eff. 7-8-97.)
4 (225 ILCS 110/7) (from Ch. 111, par. 7907)
5 Sec. 7. Licensure requirement. On or after June 1, 1989,
6 no person shall practice speech-language pathology or
7 audiology without first applying for and obtaining a license
8 for such purpose from the Department. Except as provided in
9 this Section, on or after January 1, 2002, no person shall
10 perform the functions and duties of a speech-language
11 pathology assistant without first applying for and obtaining
12 a license for that purpose from the Department.
13 (Source: P.A. 90-69, eff. 7-8-97.)
14 (225 ILCS 110/8) (from Ch. 111, par. 7908)
15 Sec. 8. Qualifications for licenses to practice
16 speech-language pathology or audiology. The Department shall
17 require that each applicant for a license to practice
18 speech-language pathology or audiology shall:
19 (a) (Blank);
20 (b) be at least 21 years of age;
21 (c) not have violated any provisions of Section 16
22 of this Act;
23 (d) present satisfactory evidence of receiving a
24 master's degree in speech-language pathology or audiology
25 from a program approved by the Department. Nothing in
26 this Act shall be construed to prevent any program from
27 establishing higher standards than specified in this Act;
28 (e) pass an examination authorized by the
29 Department in the theory and practice of the profession,
30 provided that the Department may recognize a certificate
31 granted by the American Speech-Language-Hearing
32 Association in lieu of such examination; and
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1 (f) have completed the equivalent of 9 months of
2 full-time, supervised professional experience.
3 Applicants have 3 years from the date of application to
4 complete the application process. If the process has not been
5 completed within 3 years, the application shall be denied,
6 the fee shall be forfeited, and the applicant must reapply
7 and meet the requirements in effect at the time of
8 reapplication.
9 (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.)
10 (225 ILCS 110/8.5 new)
11 Sec. 8.5. Qualifications for licenses as a
12 speech-language pathology assistant. (a) A person is
13 qualified to be licensed as a speech-language pathology
14 assistant if that person has applied in writing on forms
15 prescribed by the Department, has paid the required fees, and
16 meets both of the following criteria:
17 (1) Is of good moral character. In determining
18 moral character, the Department may take into
19 consideration any felony conviction of the applicant, but
20 such a conviction shall not operate automatically as a
21 complete bar to licensure.
22 (2) Has received an associate degree from a
23 speech-language pathology assistant program that has been
24 approved by the Department and that meets the minimum
25 requirements set forth in Section 8.6.
26 (b) Until January 1, 2004, a person holding a bachelor's
27 level degree in communication disorders who was employed to
28 assist a speech-language pathologist on the effective date of
29 this amendatory Act of the 92nd General Assembly shall be
30 eligible to receive a license as a speech-language pathology
31 assistant from the Department upon completion of forms
32 prescribed by the Department and the payment of the required
33 fee.
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1 (225 ILCS 110/8.6 new)
2 Sec. 8.6. Minimum Requirements for Speech-language
3 pathology assistant programs.
4 (a) An applicant for licensure as a speech-language
5 pathology assistant must have earned 60 semester credit hours
6 in a program of study that includes general education and the
7 specific knowledge and skills for a speech-language pathology
8 assistant. The curriculum of a speech-language pathology
9 assistant program must include all of the following content,
10 as further provided by rule promulgated by the Department:
11 (1) Thirty-six semester credit hours in general
12 education.
13 (2) Twenty-four semester credit hours in technical
14 content areas designed to provide students with knowledge
15 and skills required for speech-language pathology
16 assistants, which must include (i) an overview of normal
17 processes of communication; (ii) an overview of
18 communication disorders; (iii) instruction in
19 speech-language pathology assistant-level service
20 delivery practices; (iv) instruction in workplace
21 behaviors; (v) cultural and linguistic factors in
22 communication; and (vi) observation.
23 (3) Completion of at least 100 hours of supervised
24 field work experiences supervised by a licensed
25 speech-language pathologist at least 50% of the time when
26 the student is engaged in contact with the patient or
27 client. An applicant must obtain written verification
28 demonstrating successful completion of the required field
29 work experience, including a description of the setting
30 in which the training was received and an assessment of
31 the student's technical proficiency.
32 (b) The Department may promulgate rules that change the
33 curriculum requirements of subsection (a) in order to reflect
34 the guidelines for speech-language pathology assistant
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1 programs recommended by the American Speech-Language Hearing
2 Association.
3 (225 ILCS 110/8.7 new)
4 Sec. 8.7. Duties of speech-language pathology
5 assistants.
6 (a) The scope of responsibility of speech-language
7 pathology assistants shall be limited to supplementing the
8 role of a speech-language pathologist in implementing the
9 treatment program established by the speech-language
10 pathologist. The functions and duties of a speech-language
11 pathology assistant shall be:
12 (1) conducting speech-language screening, without
13 interpretation, and using screening protocols developed
14 by the supervising speech-language pathologist;
15 (2) providing direct treatment assistance to
16 patients or clients, if authorized by and under the
17 supervision of a speech-language pathologist;
18 (3) following and implementing documented treatment
19 plans or protocols developed by a supervising
20 speech-language pathologist;
21 (4) documenting patient or client progress toward
22 meeting established objectives and reporting the
23 information to a supervising speech-language pathologist;
24 (5) assisting a speech-language pathologist during
25 assessments, including, but not limited to, assisting
26 with formal documentation, preparing materials, and
27 performing clerical duties for a supervising
28 speech-language pathologist;
29 (6) acting as an interpreter for non-English
30 speaking patients or clients and their family members
31 when competent to do so;
32 (7) scheduling activities and preparing charts,
33 records, graphs, and data;
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1 (8) performing checks and maintenance of equipment,
2 including, but not limited to, augmentative communication
3 devices; and
4 (9) assisting with speech-language pathology
5 research projects, in-service training, and family or
6 community education;
7 (b) A speech-language pathology assistant may not:
8 (1) perform standardized or nonstandardized
9 diagnostic tests or formal or informal evaluations or
10 interpret test results;
11 (2) screen or diagnose patients or clients for
12 feeding or swallowing disorders;
13 (3) participate in parent conferences, case
14 conferences, or any interdisciplinary team without the
15 presence of the supervising speech-language pathologist;
16 (4) provide patient or client or family counseling;
17 (5) write, develop, or modify a patient's or
18 client's individualized treatment plan;
19 (6) assist with patients or clients without
20 following the individualized treatment plan prepared by
21 the supervising speech-language pathologist;
22 (7) sign any formal documents such as treatment
23 plans, reimbursement forms, or reports;
24 (8) select patients or clients for services;
25 (9) discharge a patient or client from services;
26 (10) disclose clinical or confidential information,
27 either orally or in writing, to anyone other than the
28 supervising speech-language pathologist;
29 (11) make referrals for additional services;
30 (12) counsel or consult with the patient or client,
31 family, or others regarding the patient's or client's
32 status or service;
33 (13) represent himself or herself to be a
34 speech-language pathologist;
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1 (14) use a checklist or tabulate results of feeding
2 or swallowing evaluations; or
3 (15) demonstrate swallowing strategies or
4 precautions to patients, family, or staff.
5 (225 ILCS 110/8.8 new)
6 Sec. 8.8. Supervision of speech-language pathology
7 assistants.
8 (a) A speech-language pathology assistant shall practice
9 only under the supervision of a speech-language pathologist
10 who has at least 2 years experience in addition to the
11 supervised professional experience required under subsection
12 (f) of Section 8 of this Act. A speech-language pathologist
13 who supervises a speech-language pathology assistant must
14 have completed at least 10 clock hours of training in the
15 supervision of speech-language pathology assistants. The
16 Department shall promulgate rules describing the supervision
17 training requirements. The rules may allow a speech-language
18 pathologist to apply to the Board for an exemption from this
19 training requirement based upon prior supervisory experience.
20 (b) A speech-language pathology assistant must be under
21 the direct supervision of a speech-language pathologist at
22 least 30% of the speech-language pathology assistant's actual
23 patient or client contact time per patient or client during
24 the first 90 days of initial employment as a speech-language
25 pathology assistant. Thereafter, a speech-language pathology
26 assistant must be under the direct supervision of a
27 speech-language pathologist at least 20% of the
28 speech-language pathology assistant's actual patient or
29 client contact time per patient or client. Supervision of a
30 speech-language pathology assistant beyond the minimum
31 requirements of this subsection may be imposed at the
32 discretion of the supervising speech-language pathologist.
33 A supervising speech-language pathologist must be available
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1 to communicate with a speech-language pathology assistant
2 whenever the assistant is in contact with a patient or
3 client.
4 (c) A speech-language pathologist that supervises a
5 speech-language pathology assistant must document direct
6 supervision activities. At a minimum, supervision
7 documentation must provide (i) information regarding the
8 quality of the speech-language pathology assistant's
9 performance of assigned duties, and (ii) verification that
10 clinical activity is limited to duties specified in Section
11 8.7.
12 (d) A full-time speech-language pathologist may
13 supervise no more than 2 speech-language pathology
14 assistants. A speech-language pathologist that does not work
15 full-time may supervise no more than one speech-language
16 pathology assistant.
17 (e) For purposes of this Section, "direct supervision"
18 means on-site, in-view observation and guidance by a
19 speech-language pathologist while an assigned activity is
20 performed by the speech-language pathology assistant.
21 (225 ILCS 110/10) (from Ch. 111, par. 7910)
22 Sec. 10. List of Speech-Language Pathologists and
23 Audiologists. The Department shall maintain a list of the
24 names and addresses of the speech-language pathologists,
25 speech-language pathology assistants, and audiologists. Such
26 lists shall also be mailed by the Department to any person
27 upon request and payment of the required fee.
28 (Source: P.A. 85-1391.)
29 (225 ILCS 110/11) (from Ch. 111, par. 7911)
30 Sec. 11. Expiration, renewal and restoration of
31 licenses.
32 (a) The expiration date and renewal period for each
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1 license issued under this Act shall be set by rule. A
2 speech-language pathologist, speech-language pathology
3 assistant, or audiologist may renew such license during the
4 month preceding the expiration date thereof by paying the
5 required fee.
6 (a-5) All renewal applicants shall provide proof of
7 having met the continuing education requirements set forth in
8 the rules of the Department. At a minimum, the rules shall
9 require a renewal applicant for licensure as a
10 speech-language pathologist or audiologist to provide proof
11 of completing at least 20 clock hours of continuing education
12 during the 2-year licensing cycle for which he or she is
13 currently licensed. An audiologist who has met the continuing
14 education requirements of the Hearing Instrument Consumer
15 Protection Act during an equivalent licensing cycle under
16 this Act shall be deemed to have met the continuing education
17 requirements of this Act. At a minimum, the rules shall
18 require a renewal applicant for licensure as a
19 speech-language pathology assistant to provide proof of
20 completing at least 10 clock hours of continuing education
21 during the 2-year period for which he or she currently holds
22 a license. The Department shall provide by rule for an
23 orderly process for the reinstatement of licenses that have
24 not been renewed for failure to meet the continuing education
25 requirements. The continuing education requirements may be
26 waived in cases of extreme hardship as defined by rule of the
27 Department.
28 The Department shall establish by rule a means for the
29 verification of completion of the continuing education
30 required by this Section. This verification may be
31 accomplished through audits of records maintained by
32 licensees, by requiring the filing of continuing education
33 certificates with the Department, or by other means
34 established by the Department.
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1 (b) Inactive status.
2 (1) Any licensee who notifies the Department in
3 writing on forms prescribed by the Department may elect
4 to place his or her license on an inactive status and
5 shall, subject to rules of the Department, be excused
6 from payment of renewal fees until he or she notifies the
7 Department in writing of his or her desire to resume
8 active status.
9 (2) Any licensee requesting restoration from
10 inactive status shall be required to (i) pay the current
11 renewal fee; and (ii) demonstrate that he or she has
12 obtained the equivalent of 20 hours of continuing
13 education if the licensee has been inactive for 5 years
14 or more.
15 (3) Any licensee whose license is in an inactive
16 status shall not practice in the State of Illinois
17 without first restoring his or her license.
18 (4) Any licensee who shall engage in the practice
19 while the license is lapsed or inactive shall be
20 considered to be practicing without a license which shall
21 be grounds for discipline under Section 16 of this Act.
22 (c) Any speech-language pathologist, speech-language
23 pathology assistant, or audiologist whose license has expired
24 may have his or her license restored at any time within 5
25 years after the expiration thereof, upon payment of the
26 required fee.
27 (d) Any person whose license has been expired for 5
28 years or more may have his or her license restored by making
29 application to the Department and filing proof acceptable to
30 the Department of his or her fitness to have his or her
31 license restored, including sworn evidence certifying to
32 active lawful practice in another jurisdiction, and by paying
33 the required restoration fee. A person practicing on an
34 expired license is deemed to be practicing without a license.
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1 (e) If a person whose license has expired has not
2 maintained active practice in another jurisdiction, the
3 Department shall determine, by an evaluation process
4 established by rule, his or her fitness to resume active
5 status and may require the person to complete a period of
6 evaluated clinical experience, and may require successful
7 completion of an examination.
8 (f) Any person whose license has expired while he or she
9 has been engaged (1) in federal or State service on active
10 duty, or (2) in training or education under the supervision
11 of the United States preliminary to induction into the
12 military service, may have his or her license restored
13 without paying any lapsed renewal or restoration fee, if
14 within 2 years after termination of such service, training or
15 education he or she furnishes the Department with
16 satisfactory proof that he or she has been so engaged and
17 that his or her service, training or education has been so
18 terminated.
19 (Source: P.A. 90-69, eff. 7-8-97.)
20 (225 ILCS 110/13) (from Ch. 111, par. 7913)
21 Sec. 13. Licensing applicants from other States.
22 Upon payment of the required fee, an applicant who is a
23 speech-language pathologist, speech-language pathology
24 assistant, or audiologist licensed under the laws of another
25 state or territory of the United States, shall without
26 examination be granted a license as a speech-language
27 pathologist, speech-language pathology assistant, or
28 audiologist by the Department:
29 (a) whenever the requirements of such state or territory
30 of the United States were at the date of licensure
31 substantially equal to the requirements then in force in this
32 State; or
33 (b) whenever such requirements of another state or
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1 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
5 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
8 a speech-language pathologist, speech-language pathology
9 assistant, or audiologist.
10 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,
13 the fee shall be forfeited, and the applicant must reapply
14 and meet the requirements in effect at the time of
15 reapplication.
16 (Source: P.A. 90-69, eff. 7-8-97.)
17 (225 ILCS 110/16) (from Ch. 111, par. 7916)
18 Sec. 16. Refusal, revocation or suspension of licenses.
19 (1) The Department may refuse to issue or renew, or may
20 revoke, suspend, place on probation, censure, reprimand or
21 take other disciplinary action as the Department may deem
22 proper, including fines not to exceed $5,000 for each
23 violation, with regard to any license for any one or
24 combination of the following causes:
25 (a) Fraud in procuring the license.
26 (b) Habitual intoxication or addiction to the use
27 of drugs.
28 (c) Willful or repeated violations of the rules of
29 the Department of Public Health.
30 (d) Division of fees or agreeing to split or divide
31 the fees received for speech-language pathology or
32 audiology services with any person for referring an
33 individual, or assisting in the care or treatment of an
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1 individual, without the knowledge of the individual or
2 his or her legal representative.
3 (e) Employing, procuring, inducing, aiding or
4 abetting a person not licensed as a speech-language
5 pathologist or audiologist to engage in the unauthorized
6 practice of speech-language pathology or audiology.
7 (e-5) Employing, procuring, inducing, aiding, or
8 abetting a person not licensed as a speech-language
9 pathology assistant to perform the functions and duties
10 of a speech-language pathology assistant.
11 (f) Making any misrepresentations or false
12 promises, directly or indirectly, to influence, persuade
13 or induce patronage.
14 (g) Professional connection or association with, or
15 lending his or her name to another for the illegal
16 practice of speech-language pathology or audiology by
17 another, or professional connection or association with
18 any person, firm or corporation holding itself out in any
19 manner contrary to this Act.
20 (h) Obtaining or seeking to obtain checks, money,
21 or any other things of value by false or fraudulent
22 representations, including but not limited to, engaging
23 in such fraudulent practice to defraud the medical
24 assistance program of the Department of Public Aid.
25 (i) Practicing under a name other than his or her
26 own.
27 (j) Improper, unprofessional or dishonorable
28 conduct of a character likely to deceive, defraud or harm
29 the public.
30 (k) Conviction in this or another state of any
31 crime which is a felony under the laws of this State or
32 conviction of a felony in a federal court, if the
33 Department determines, after investigation, that such
34 person has not been sufficiently rehabilitated to warrant
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1 the public trust.
2 (1) Permitting a person under his or her
3 supervision to perform any function not authorized by
4 this Act.
5 (m) A violation of any provision of this Act or
6 rules promulgated thereunder.
7 (n) Revocation by another state, the District of
8 Columbia, territory, or foreign nation of a license to
9 practice speech-language pathology or audiology or a
10 license to practice as a speech-language pathology
11 assistant in its jurisdiction if at least one of the
12 grounds for that revocation is the same as or the
13 equivalent of one of the grounds for revocation set forth
14 herein.
15 (o) Willfully failing to report an instance of
16 suspected child abuse or neglect as required by the
17 Abused and Neglected Child Reporting Act.
18 (p) Gross or repeated malpractice resulting in
19 injury or death of an individual.
20 (q) Willfully making or filing false records or
21 reports in his or her practice as a speech-language
22 pathologist, speech-language pathology assistant, or
23 audiologist, including, but not limited to, false records
24 to support claims against the public assistance program
25 of the Illinois Department of Public Aid.
26 (r) Professional incompetence as manifested by poor
27 standards of care or mental incompetence as declared by a
28 court of competent jurisdiction.
29 (s) Repeated irregularities in billing a third
30 party for services rendered to an individual. For
31 purposes of this Section, "irregularities in billing"
32 shall include:
33 (i) reporting excessive charges for the
34 purpose of obtaining a total payment in excess of
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1 that usually received by the speech-language
2 pathologist, speech-language pathology assistant, or
3 audiologist for the services rendered;
4 (ii) reporting charges for services not
5 rendered; or
6 (iii) incorrectly reporting services rendered
7 for the purpose of obtaining payment not earned.
8 (t) (Blank).
9 (u) Violation of the Health Care Worker
10 Self-Referral Act.
11 (v) Physical illness, including but not limited to
12 deterioration through the aging process or loss of motor
13 skill, mental illness, or disability that results in the
14 inability to practice the profession with reasonable
15 judgment, skill, or safety.
16 (w) Violation of the Hearing Instrument Consumer
17 Protection Act.
18 (x) Failure by a speech-language pathology assistant
19 and supervising speech-language pathologist to comply
20 with the supervision requirements set forth in Section
21 8.8.
22 (y) Wilfully exceeding the scope of duties
23 customarily undertaken by speech-language pathology
24 assistants set forth in Section 8.7 that results in, or
25 may result in, harm to the public.
26 (2) The Department shall deny a license or renewal
27 authorized by this Act to any person who has defaulted on an
28 educational loan guaranteed by the Illinois State Scholarship
29 Commission; however, the Department may issue a license or
30 renewal if the aforementioned persons have established a
31 satisfactory repayment record as determined by the Illinois
32 State Scholarship Commission.
33 (3) The entry of an order by a circuit court
34 establishing that any person holding a license under this Act
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1 is subject to involuntary admission or judicial admission as
2 provided for in the Mental Health and Developmental
3 Disabilities Code, operates as an automatic suspension of
4 that license. That person may have his or her license
5 restored only upon the determination by a circuit court that
6 the patient is no longer subject to involuntary admission or
7 judicial admission and the issuance of an order so finding
8 and discharging the patient, and upon the Board's
9 recommendation to the Department that the license be
10 restored. Where the circumstances so indicate, the Board may
11 recommend to the Department that it require an examination
12 prior to restoring any license automatically suspended under
13 this subsection.
14 (4) The Department may refuse to issue or may suspend
15 the license of any person who fails to file a return, or to
16 pay the tax, penalty, or interest shown in a filed return, or
17 to pay any final assessment of the tax penalty or interest,
18 as required by any tax Act administered by the Department of
19 Revenue, until such time as the requirements of any such tax
20 Act are satisfied.
21 (5) In enforcing this Section, the Board upon a showing
22 of a possible violation may compel an individual licensed to
23 practice under this Act, or who has applied for licensure
24 pursuant to this Act, to submit to a mental or physical
25 examination, or both, as required by and at the expense of
26 the Department. The examining physicians or clinical
27 psychologists shall be those specifically designated by the
28 Board. The individual to be examined may have, at his or her
29 own expense, another physician or clinical psychologist of
30 his or her choice present during all aspects of this
31 examination. Failure of any individual to submit to a mental
32 or physical examination, when directed, shall be grounds for
33 suspension of his or her license until the individual submits
34 to the examination if the Board finds, after notice and
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1 hearing, that the refusal to submit to the examination was
2 without reasonable cause.
3 If the Board finds an individual unable to practice
4 because of the reasons set forth in this Section, the Board
5 may require that individual to submit to care, counseling, or
6 treatment by physicians or clinical psychologists approved or
7 designated by the Board, as a condition, term, or restriction
8 for continued, reinstated, or renewed licensure to practice;
9 or, in lieu of care, counseling, or treatment, the Board may
10 recommend to the Department to file a complaint to
11 immediately suspend, revoke, or otherwise discipline the
12 license of the individual. Any individual whose license was
13 granted, continued, reinstated, renewed, disciplined or
14 supervised subject to such terms, conditions, or
15 restrictions, and who fails to comply with such terms,
16 conditions, or restrictions, shall be referred to the
17 Director for a determination as to whether the individual
18 shall have his or her license suspended immediately, pending
19 a hearing by the Board.
20 In instances in which the Director immediately suspends a
21 person's license under this Section, a hearing on that
22 person's license must be convened by the Board within 15 days
23 after the suspension and completed without appreciable delay.
24 The Board shall have the authority to review the subject
25 individual's record of treatment and counseling regarding the
26 impairment to the extent permitted by applicable federal
27 statutes and regulations safeguarding the confidentiality of
28 medical records.
29 An individual licensed under this Act and affected under
30 this Section shall be afforded an opportunity to demonstrate
31 to the Board that he or she can resume practice in compliance
32 with acceptable and prevailing standards under the provisions
33 of his or her license.
34 (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.)
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1 (225 ILCS 110/16.5)
2 Sec. 16.5. Advertising. A person licensed under this Act
3 as a speech-language pathologist or audiologist may advertise
4 the availability of professional services in the public media
5 or on the premises where such professional services are
6 rendered as permitted by law, provided the advertising is
7 truthful and not misleading or deceptive. The Department may
8 adopt rules consistent with this Section.
9 (Source: P.A. 90-69, eff. 7-8-97.)
10 (225 ILCS 110/18) (from Ch. 111, par. 7918)
11 Sec. 18. Disciplinary actions.
12 (a) In case the licensee, after receiving notice, fails
13 to file an answer, his or her license may, in the discretion
14 of the Director, having first received the recommendation of
15 the Board, be suspended, revoked, placed on probationary
16 status or the Director may take whatever disciplinary action
17 he or she may deem proper, including limiting the scope,
18 nature, or extent of the person's practice or the imposition
19 of a fine, without a hearing, if the act or acts charged
20 constitute sufficient grounds for such action under this Act.
21 (b) The Director may temporarily suspend the license of
22 a speech-language pathologist, speech-language pathology
23 assistant, or audiologist without a hearing, simultaneous to
24 the institution of proceedings for a hearing under this Act,
25 if the Director finds that evidence in his or her possession
26 indicates that a speech-language pathologist's,
27 speech-language pathology assistant's, or an audiologist's
28 continuation in practice would constitute an immediate danger
29 to the public. In the event that the Director temporarily
30 suspends the license of a speech-language pathologist,
31 speech-language pathology assistant, or audiologist without a
32 hearing, a hearing by the Board must be held within 15 days
33 after such suspension has occurred and concluded without
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1 appreciable delay.
2 (Source: P.A. 90-69, eff. 7-8-97.)
3 (225 ILCS 110/26) (from Ch. 111, par. 7926)
4 Sec. 26. Confidential Information - Disclosure. In all
5 hearings conducted under this Act, information received,
6 pursuant to law, relating to any information acquired by a
7 speech-language pathologist, speech-language pathology
8 assistant, or audiologist in serving any individual in a
9 professional capacity, and necessary to professionally serve
10 such individual, shall be deemed strictly confidential and
11 shall only be made available, either as part of the record of
12 a hearing hereunder or otherwise;
13 (a) when such record is required, in its entirety, for
14 purposes of judicial review pursuant to this Act; or
15 (b) upon the express, written consent of the individual
16 served, or in the case of his or her death or disability, the
17 consent of his or her personal representative.
18 (Source: P.A. 85-1391.)
19 (225 ILCS 110/27) (from Ch. 111, par. 7927)
20 Sec. 27. Reports of Violations. Any person licensed
21 under this Act, or any other person, may report to the
22 Department any information such person may have which appears
23 to show that a speech-language pathologist, speech-language
24 pathology assistant, or audiologist is or may be in violation
25 of any of the provisions of this Act.
26 (Source: P.A. 85-1391.)
27 (225 ILCS 110/28) (from Ch. 111, par. 7928)
28 Sec. 28. Injunction. The practice of speech-language
29 pathology or audiology by any person not holding a valid and
30 current license under this Act or a person performing the
31 functions and duties of a speech-language pathology assistant
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1 without a valid and current license under this Act, is
2 declared to be inimical to the public welfare, to constitute
3 a public nuisance, and to cause irreparable harm to the
4 public welfare. The Director, the Attorney General, the
5 State's attorney of any county in the State or any person may
6 maintain an action in the name of the People of the State of
7 Illinois, and may apply for an injunction in any circuit
8 court to enjoin any such person from engaging in such
9 practice. Upon the filing of a verified petition in such
10 court, the court or any judge thereof, if satisfied by
11 affidavit, or otherwise, that such person has been engaged in
12 such practice without a valid and current license, may issue
13 a temporary injunction without notice or bond, enjoining the
14 defendant from any such further practice. Only the showing of
15 nonlicensure, by affidavit or otherwise, is necessary in
16 order for a temporary injunction to issue. A copy of the
17 verified complaint shall be served upon the defendant and the
18 proceedings shall thereafter be conducted as in other civil
19 cases except as modified by this Section. If it is
20 established that the defendant has been, or is engaged in any
21 such unlawful practice, the court, or any judge thereof, may
22 enter an order or judgment perpetually enjoining the
23 defendant from further such practice. In all proceedings
24 hereunder, the court, in its discretion, may apportion the
25 costs among the parties interested in the suit, including
26 cost of filing the complaint, service of process, witness
27 fees and expenses, court reporter charges and reasonable
28 attorneys' fees. In case of violation of any injunction
29 issued under the provisions of this Section, the court or any
30 judge thereof may summarily try and punish the offender for
31 contempt of court. Such injunction proceedings shall be in
32 addition to, and not in lieu of, all penalties and other
33 remedies provided in this Act.
34 (Source: P.A. 90-69, eff. 7-8-97.)
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1 (225 ILCS 110/29) (from Ch. 111, par. 7929)
2 Sec. 29. Penalty of unlawful practice - second and
3 subsequent offenses. Any person who practices or offers to
4 practice speech-language pathology or audiology or performs
5 the functions and duties of a speech-language pathology
6 assistant in this State without being licensed for that
7 purpose, or whose license has been suspended or revoked, or
8 who violates any of the provisions of this Act, for which no
9 specific penalty has been provided herein, is guilty of a
10 Class A misdemeanor.
11 Any person who has been previously convicted under any of
12 the provisions of this Act and who subsequently violates any
13 of the provisions of this Act is guilty of a Class 4 felony.
14 In addition, whenever any person is punished as a subsequent
15 offender under this Section, the Director shall proceed to
16 obtain a permanent injunction against such person under
17 Section 29 of this Act.
18 (Source: P.A. 85-1391.)
19 (225 ILCS 110/29.5)
20 Sec. 29.5. Unlicensed practice; civil penalty.
21 (a) Any person who practices, offers to practice,
22 attempts to practice, or holds oneself out to practice
23 speech-language pathology or audiology or performs the
24 functions and duties of a speech-language pathology assistant
25 without being licensed under this Act shall, in addition to
26 any other penalty provided by law, pay a civil penalty to the
27 Department in an amount not to exceed $5,000 for each offense
28 as determined by the Department. The civil penalty shall be
29 assessed by the Department after a hearing is held in
30 accordance with the provisions set forth in this Act
31 regarding the provision of a hearing for the discipline of a
32 licensee.
33 (b) The Department has the authority and power to
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1 investigate any and all unlicensed activity.
2 (c) The civil penalty shall be paid within 60 days after
3 the effective date of the order imposing the civil penalty.
4 The order shall constitute a judgment and may be filed and
5 execution had thereon in the same manner as any judgment from
6 any court of record.
7 (Source: P.A. 90-69, eff. 7-8-97.)
8 (225 ILCS 110/31a)
9 Sec. 31a. Advertising services. A speech-language
10 pathologist or audiologist licensee shall include in every
11 advertisement for services regulated under this Act his or
12 her title as it appears on the license or the initials
13 authorized under this Act.
14 (Source: P.A. 91-310, eff. 1-1-00.)
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