Registration and Regulation Committee
Filed: 3/7/2007
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1 | AMENDMENT TO HOUSE BILL 121
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2 | AMENDMENT NO. ______. Amend House Bill 121 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Section 4.18 and by adding Section 4.28 as follows:
| ||||||
6 | (5 ILCS 80/4.18)
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7 | Sec. 4.18. Acts repealed January 1, 2008 and December 31, | ||||||
8 | 2008.
| ||||||
9 | (a) The following Acts
are repealed on January 1, 2008:
| ||||||
10 | The Acupuncture Practice Act.
| ||||||
11 | The Clinical Social Work and Social Work Practice Act.
| ||||||
12 | The Home Medical Equipment and Services Provider | ||||||
13 | License Act.
| ||||||
14 | The Nursing and Advanced Practice Nursing Act.
| ||||||
15 | The Illinois Speech-Language Pathology and Audiology | ||||||
16 | Practice Act.
|
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| |||||||
1 | The Marriage and Family Therapy Licensing Act.
| ||||||
2 | The Nursing Home Administrators Licensing and | ||||||
3 | Disciplinary Act.
| ||||||
4 | The Pharmacy Practice Act of 1987.
| ||||||
5 | The Physician Assistant Practice Act of 1987.
| ||||||
6 | The Podiatric Medical Practice Act of 1987.
| ||||||
7 | The Structural Pest Control Act.
| ||||||
8 | (b) The following Acts are repealed on December 31, 2008: | ||||||
9 | The Medical Practice Act of 1987. | ||||||
10 | The Environmental Health Practitioner Licensing Act.
| ||||||
11 | (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | ||||||
12 | 94-1085, eff. 1-19-07; revised 1-22-07.)
| ||||||
13 | (5 ILCS 80/4.28 new) | ||||||
14 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
15 | Act is repealed on January 1, 2018: | ||||||
16 | The Illinois Speech-Language Pathology and Audiology | ||||||
17 | Practice Act. | ||||||
18 | Section 10. The Illinois Speech-Language Pathology and
| ||||||
19 | Audiology Practice Act is amended by changing Sections 3, 5, 7, | ||||||
20 | 8, 8.5, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, | ||||||
21 | 26, 28, 28.5, and 29 and by adding Sections 21.1, 21.2, and | ||||||
22 | 24.1 as follows:
| ||||||
23 | (225 ILCS 110/3) (from Ch. 111, par. 7903)
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1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 3. Definitions. The following words and phrases shall | ||||||
3 | have the
meaning ascribed to them in this Section unless the | ||||||
4 | context clearly indicates
otherwise:
| ||||||
5 | (a) "Department" means the Department of Financial and
| ||||||
6 | Professional
Regulation.
| ||||||
7 | (b) " Secretary
Director " means the Secretary
Director of | ||||||
8 | Financial and Professional Regulation.
| ||||||
9 | (c) "Board" means the Board of Speech-Language Pathology | ||||||
10 | and Audiology
established under Section 5 of this Act.
| ||||||
11 | (d) "Speech-Language Pathologist" means a person who has | ||||||
12 | received a
license pursuant to this Act and who engages in the | ||||||
13 | practice
of speech-language pathology.
| ||||||
14 | (e) "Audiologist" means a person who has received a license | ||||||
15 | pursuant to this
Act and who engages in the practice of | ||||||
16 | audiology.
| ||||||
17 | (f) "Public member" means a person who is not a health | ||||||
18 | professional.
For purposes of board membership, any person with | ||||||
19 | a significant financial
interest in a health service or | ||||||
20 | profession is not a public member.
| ||||||
21 | (g) "The practice of audiology" is the application of | ||||||
22 | nonmedical methods
and procedures for the identification, | ||||||
23 | measurement, testing,
appraisal, prediction, habilitation, | ||||||
24 | rehabilitation, or instruction
related to hearing
and | ||||||
25 | disorders of hearing. These procedures are for the
purpose of | ||||||
26 | counseling, consulting and rendering or offering to render
|
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| |||||||
1 | services or for participating in the planning, directing or | ||||||
2 | conducting of
programs that are designed to modify | ||||||
3 | communicative disorders
involving
speech, language or auditory | ||||||
4 | function related to hearing loss.
The practice of audiology may | ||||||
5 | include, but shall not be limited to, the
following:
| ||||||
6 | (1) any task, procedure, act, or practice that is | ||||||
7 | necessary for the
evaluation of hearing or
vestibular | ||||||
8 | function;
| ||||||
9 | (2) training in the use of amplification devices;
| ||||||
10 | (3) the fitting, dispensing, or servicing of hearing | ||||||
11 | instruments; and
| ||||||
12 | (4) performing basic speech and language screening | ||||||
13 | tests and procedures
consistent with audiology training.
| ||||||
14 | (h) "The practice of speech-language pathology" is the | ||||||
15 | application of
nonmedical methods and procedures for the | ||||||
16 | identification,
measurement, testing, appraisal, prediction, | ||||||
17 | habilitation, rehabilitation,
and modification related to | ||||||
18 | communication development, and disorders or
disabilities of | ||||||
19 | speech, language, voice, swallowing, and other speech,
| ||||||
20 | language and voice related disorders. These procedures are for | ||||||
21 | the
purpose of counseling, consulting and rendering or offering | ||||||
22 | to render
services, or for participating in the planning, | ||||||
23 | directing or conducting of
programs that are designed to modify | ||||||
24 | communicative disorders and
conditions in individuals or | ||||||
25 | groups of individuals involving speech,
language, voice and | ||||||
26 | swallowing function.
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| |||||||
1 | "The practice of speech-language pathology" shall include, | ||||||
2 | but
shall not be
limited to, the following:
| ||||||
3 | (1) hearing screening tests and aural rehabilitation | ||||||
4 | procedures
consistent with speech-language pathology | ||||||
5 | training;
| ||||||
6 | (2) tasks, procedures, acts or practices that are | ||||||
7 | necessary for the
evaluation of, and training in the use | ||||||
8 | of, augmentative communication
systems, communication | ||||||
9 | variation, cognitive rehabilitation, non-spoken
language | ||||||
10 | production and comprehension.
| ||||||
11 | (i) "Speech-language pathology assistant" means a person | ||||||
12 | who has received
a license pursuant to this Act to assist a | ||||||
13 | speech-language
pathologist in the manner provided in this Act.
| ||||||
14 | (Source: P.A. 94-528, eff. 8-10-05.)
| ||||||
15 | (225 ILCS 110/5) (from Ch. 111, par. 7905)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
17 | Sec. 5. Board of Speech-Language Pathology and Audiology. | ||||||
18 | There is created a Board of Speech-Language Pathology and | ||||||
19 | Audiology to be
composed of persons designated from time to | ||||||
20 | time by the Secretary
Director , as follows:
| ||||||
21 | (a) Five persons, 2 of whom have been licensed | ||||||
22 | speech-language
pathologists for
a period of 5 years or | ||||||
23 | more, 2 of whom have been licensed audiologists for
a | ||||||
24 | period of
5 years or more, and one public member. The board | ||||||
25 | shall annually elect a
chairperson and a vice-chairperson.
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1 | (b) Terms for all members shall be for 3 years. A | ||||||
2 | member shall serve until his or her successor is appointed | ||||||
3 | and qualified. Partial terms over 2
years in length shall | ||||||
4 | be considered as full terms. A member may be
reappointed | ||||||
5 | for a successive term, but no member shall serve more than | ||||||
6 | 2 full
terms.
| ||||||
7 | (c) The membership of the Board should reasonably | ||||||
8 | reflect representation
from the various geographic areas | ||||||
9 | of the State.
| ||||||
10 | (d) In making appointments to the Board, the Secretary
| ||||||
11 | Director shall give due
consideration to recommendations | ||||||
12 | by organizations of the speech-language
pathology and | ||||||
13 | audiology professions in Illinois, including the Illinois
| ||||||
14 | Speech-Language-Hearing Association and the Illinois | ||||||
15 | Academy of Audiology, and shall promptly give due notice to
| ||||||
16 | such organizations of any vacancy in the membership of the | ||||||
17 | Board. The Secretary
Director may terminate the | ||||||
18 | appointment of any member for any cause, which
in the | ||||||
19 | opinion of the Secretary
Director , reasonably justifies | ||||||
20 | such termination.
| ||||||
21 | (e) A majority of the Board members currently appointed | ||||||
22 | shall constitute
a
quorum. A vacancy in the membership of | ||||||
23 | the Board shall not impair the right
of a quorum to | ||||||
24 | exercise all the rights and perform all the duties of the | ||||||
25 | Board.
| ||||||
26 | (f) The members of the Board may
shall each receive as |
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| |||||||
1 | compensation a
reasonable sum as determined by the | ||||||
2 | Secretary
Director for each day actually engaged
in the | ||||||
3 | duties of the office, and all legitimate and necessary | ||||||
4 | expenses
incurred in attending the meetings of the Board.
| ||||||
5 | (g) Members of the Board shall be immune from suit in | ||||||
6 | any action based
upon any disciplinary proceedings or other | ||||||
7 | activities performed in good
faith as members of the Board.
| ||||||
8 | (h) The Secretary
Director may consider the | ||||||
9 | recommendations of the Board in
establishing guidelines | ||||||
10 | for professional conduct, the conduct of formal
| ||||||
11 | disciplinary proceedings brought under this Act, and
| ||||||
12 | qualifications of applicants. Notice of proposed | ||||||
13 | rulemaking
shall be transmitted to the Board and the | ||||||
14 | Department shall review the response
of the Board and any | ||||||
15 | recommendations made in the response. The Department, at
| ||||||
16 | any time, may seek the expert advice and knowledge of the | ||||||
17 | Board on any matter
relating to the administration or | ||||||
18 | enforcement of this Act.
| ||||||
19 | (i) Whenever the Secretary
Director is satisfied that | ||||||
20 | substantial justice has not
been done either in an | ||||||
21 | examination or in the revocation, suspension, or refusal
of | ||||||
22 | a license, or other disciplinary action relating to a | ||||||
23 | license, the Secretary
Director
may order a
reexamination | ||||||
24 | or rehearing.
| ||||||
25 | (Source: P.A. 94-528, eff. 8-10-05.)
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| |||||||
1 | (225 ILCS 110/7) (from Ch. 111, par. 7907)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 7. Licensure requirement.
| ||||||
4 | (a) Except as provided in subsection (b), on or after June | ||||||
5 | 1, 1989, no
person shall practice speech-language pathology or | ||||||
6 | audiology without first
applying for and obtaining a license | ||||||
7 | for such purpose from the Department.
Except as provided in | ||||||
8 | this Section, on or after January 1, 2002, no person
shall | ||||||
9 | perform the functions and duties of a speech-language pathology | ||||||
10 | assistant
without first applying for and obtaining a license | ||||||
11 | for that purpose from the
Department.
| ||||||
12 | (b) A person holding a regular license to practice | ||||||
13 | speech-language
pathology or audiology under the laws of | ||||||
14 | another state, a territory of the
United States, or the | ||||||
15 | District of Columbia who has made application to the
Department | ||||||
16 | for a license to practice speech-language pathology or | ||||||
17 | audiology may
practice speech-language pathology or audiology | ||||||
18 | without a license for 90 days
from the date of application or | ||||||
19 | until disposition of the license application by
the Department, | ||||||
20 | whichever is sooner, if the person (i) holds a Certificate of
| ||||||
21 | Clinical Competence from the American Speech-Language-Hearing | ||||||
22 | Association in
speech-language pathology or audiology or, in | ||||||
23 | the case of an audiologist, a
certificate from the American | ||||||
24 | Board of Audiology and (ii) has not been
disciplined and has no | ||||||
25 | disciplinary matters pending in a state, a territory, or
the | ||||||
26 | District of Columbia.
|
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1 | A person applying for an initial license to practice | ||||||
2 | audiology who is a recent graduate of a Department-approved | ||||||
3 | audiology program may practice as an audiologist for a period | ||||||
4 | of 60 days after the date of application or until disposition | ||||||
5 | of the license application by the Department, whichever is | ||||||
6 | sooner, provided that he or she meets the applicable | ||||||
7 | requirements of Section 8 of this Act.
| ||||||
8 | (Source: P.A. 92-510, eff. 6-1-02; 93-112, eff. 1-1-04.)
| ||||||
9 | (225 ILCS 110/8) (from Ch. 111, par. 7908)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
11 | Sec. 8. Qualifications for licenses to practice | ||||||
12 | speech-language pathology
or audiology.
The Department shall | ||||||
13 | require that each applicant for a license to practice
| ||||||
14 | speech-language pathology or audiology shall:
| ||||||
15 | (a) (Blank);
| ||||||
16 | (b) be at least 21 years of age;
| ||||||
17 | (c) not have violated any provisions of Section 16 of | ||||||
18 | this
Act;
| ||||||
19 | (d) present satisfactory evidence of receiving a | ||||||
20 | master's
or doctoral degree in
speech-language pathology | ||||||
21 | or audiology from a program approved by the
Department. | ||||||
22 | Nothing in this Act shall be construed to prevent any | ||||||
23 | program
from establishing higher standards than specified | ||||||
24 | in this Act;
| ||||||
25 | (d-5) when applying for an initial license as an |
| |||||||
| |||||||
1 | audiologist prior to January 1, 2008, present satisfactory | ||||||
2 | evidence of receiving a master's or doctoral degree in | ||||||
3 | audiology from a program approved by the Department. If | ||||||
4 | applying for an initial license on or after January 1, | ||||||
5 | 2008, present satisfactory evidence of a doctoral degree in | ||||||
6 | audiology from a program approved by the Department. | ||||||
7 | Nothing in this Act shall be construed to prevent any | ||||||
8 | program from establishing higher standards than specified | ||||||
9 | in this Act;
| ||||||
10 | (e) pass a national examination recognized by the | ||||||
11 | Department in the
theory and
practice of the profession;
| ||||||
12 | (f) for a license as a speech-language pathologist,
| ||||||
13 | have completed the equivalent of 9 months of
supervised | ||||||
14 | experience; and
| ||||||
15 | (g) for a license as an audiologist, have completed a | ||||||
16 | minimum of 1,500 clock hours of supervised experience or | ||||||
17 | present evidence of a Doctor of Audiology (AuD) degree .
| ||||||
18 | Applicants have 3 years from the date of application to | ||||||
19 | complete the
application process. If the process has not been | ||||||
20 | completed within 3 years, the
application shall be denied, the | ||||||
21 | fee shall be forfeited, and the applicant must
reapply
and meet | ||||||
22 | the requirements in effect at the time of reapplication.
| ||||||
23 | (Source: P.A. 94-528, eff. 8-10-05.)
| ||||||
24 | (225 ILCS 110/8.5)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2008)
|
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| |||||||
1 | Sec. 8.5. Qualifications for licenses as a speech-language | ||||||
2 | pathology
assistant. (a) A person is qualified to be licensed | ||||||
3 | as a speech-language
pathology assistant if that person has | ||||||
4 | applied in writing on forms prescribed
by the Department, has | ||||||
5 | paid the required fees, and meets both of the following
| ||||||
6 | criteria:
| ||||||
7 | (1) Is of good moral character. In determining moral | ||||||
8 | character, the
Department
may take into consideration any | ||||||
9 | felony conviction or plea of guilty or nolo contendere of | ||||||
10 | the
applicant, but such a conviction or plea shall not | ||||||
11 | operate automatically as a complete
bar to licensure.
| ||||||
12 | (2) Has received an associate degree from a | ||||||
13 | speech-language pathology
assistant
program that has been | ||||||
14 | approved by the Department and
that meets the minimum | ||||||
15 | requirements set forth in Section 8.6 or has received, | ||||||
16 | prior to June 1, 2003, an associate degree from a | ||||||
17 | speech-language pathology assistant program approved by | ||||||
18 | the Illinois Community College Board. (b) Until July 1, | ||||||
19 | 2005, a person holding a bachelor's level degree in
| ||||||
20 | communication disorders who was employed to assist a | ||||||
21 | speech-language
pathologist on June 1, 2002 (the effective | ||||||
22 | date of P.A. 92-510) shall be eligible to receive a license | ||||||
23 | as a speech-language pathology
assistant from the | ||||||
24 | Department upon completion of forms prescribed by the
| ||||||
25 | Department and the payment of the required fee .
| ||||||
26 | (Source: P.A. 93-1060, eff. 12-23-04; 94-869, eff. 6-16-06.)
|
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| |||||||
1 | (225 ILCS 110/10) (from Ch. 111, par. 7910)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 10. Roster
List of speech-language pathologists and | ||||||
4 | audiologists. The
Department shall maintain a roster
list of | ||||||
5 | the names and addresses of the
speech-language pathologists, | ||||||
6 | speech-language pathology assistants, and
audiologists. Such
| ||||||
7 | lists shall also be mailed by the Department to any person upon | ||||||
8 | request and
payment of the required fee.
| ||||||
9 | (Source: P.A. 92-510, eff. 6-1-02.)
| ||||||
10 | (225 ILCS 110/11) (from Ch. 111, par. 7911)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 11. Expiration, renewal and restoration of licenses.
| ||||||
13 | (a) The
expiration date and renewal period for each license | ||||||
14 | issued under this Act
shall be set by rule. A speech-language | ||||||
15 | pathologist, speech-language
pathology assistant, or
| ||||||
16 | audiologist may renew such license during the month preceding | ||||||
17 | the
expiration date thereof by paying the required fee.
| ||||||
18 | (a-5) All renewal applicants shall provide proof as | ||||||
19 | determined by the Department of having met the
continuing | ||||||
20 | education requirements set forth in the rules of the | ||||||
21 | Department.
At a minimum, the rules shall require a renewal | ||||||
22 | applicant for licensure as a
speech-language pathologist or | ||||||
23 | audiologist to provide proof of
completing at least 20 clock | ||||||
24 | hours of continuing education during the
2-year
licensing cycle |
| |||||||
| |||||||
1 | for which he or she is currently licensed.
An audiologist who | ||||||
2 | has met the continuing education requirements of the Hearing
| ||||||
3 | Instrument Consumer Protection Act during an equivalent | ||||||
4 | licensing cycle under
this Act shall be deemed to have met the | ||||||
5 | continuing education requirements of
this Act.
At a minimum, | ||||||
6 | the rules shall require a renewal applicant for licensure as a
| ||||||
7 | speech-language pathology assistant to provide proof of | ||||||
8 | completing at least 10
clock hours of continuing education | ||||||
9 | during the 2-year period for which he or
she currently holds a | ||||||
10 | license.
The
Department shall provide by rule for an orderly | ||||||
11 | process for the
reinstatement of licenses that have not been | ||||||
12 | renewed for failure to
meet the continuing education | ||||||
13 | requirements. The continuing education
requirements may be | ||||||
14 | waived in cases of extreme hardship as defined by rule
of the | ||||||
15 | Department.
| ||||||
16 | The Department shall establish by rule a means for the | ||||||
17 | verification of
completion of the continuing education | ||||||
18 | required by this Section. This
verification may be accomplished | ||||||
19 | through audits of records maintained by
licensees, by requiring | ||||||
20 | the filing of continuing education certificates
with the | ||||||
21 | Department, or by other means established by the Department.
| ||||||
22 | (b) Inactive status.
| ||||||
23 | (1) Any licensee who notifies the Department in
writing | ||||||
24 | on forms prescribed by the Department may elect to place | ||||||
25 | his or
her
license on an inactive status and shall, subject | ||||||
26 | to rules of the
Department, be excused from payment of |
| |||||||
| |||||||
1 | renewal fees until he or she
notifies the
Department in | ||||||
2 | writing of his or her desire to resume active
status.
| ||||||
3 | (2) Any
licensee requesting restoration from inactive | ||||||
4 | status shall be required
to (i)
pay the current renewal | ||||||
5 | fee; and
(ii) demonstrate that he or she has completed
| ||||||
6 | obtained the equivalent of 20 hours
of continuing education | ||||||
7 | as established by rule
if the licensee has been inactive | ||||||
8 | for 5 years or
more .
| ||||||
9 | (3) Any licensee whose license is in an inactive status | ||||||
10 | shall not practice
in the State of Illinois without first | ||||||
11 | restoring his or her license.
| ||||||
12 | (4) Any licensee who shall engage in the
practice while | ||||||
13 | the license is lapsed or inactive shall be considered to
be | ||||||
14 | practicing without a license which shall be grounds for | ||||||
15 | discipline under
Section 16 of this Act.
| ||||||
16 | (c) Any speech-language pathologist, speech-language | ||||||
17 | pathology
assistant, or audiologist whose license has
expired | ||||||
18 | may have his or her license restored at any time within 5 years
| ||||||
19 | after the
expiration thereof, upon payment of the required fee.
| ||||||
20 | (d) Any person whose license has been expired or inactive
| ||||||
21 | for 5 years or
more may
have his or her license restored by | ||||||
22 | making application to the Department
and
filing proof | ||||||
23 | acceptable to the Department of his or her fitness to have his
| ||||||
24 | or her
license restored, including sworn evidence certifying to | ||||||
25 | active lawful
practice in another jurisdiction, and by paying | ||||||
26 | the required restoration
fee. A person practicing on an expired |
| |||||||
| |||||||
1 | license is deemed to be practicing
without a license.
| ||||||
2 | (e) If a person whose license has expired has not | ||||||
3 | maintained active
practice in another jurisdiction, the | ||||||
4 | Department shall determine, by an
evaluation process | ||||||
5 | established by rule, his or her fitness to resume active
status
| ||||||
6 | and may require the person to complete a period of evaluated | ||||||
7 | clinical
experience, and may require successful completion of | ||||||
8 | an examination.
| ||||||
9 | (f) Any person whose license has expired while he or she | ||||||
10 | has been
engaged (1) in
federal or State service on active | ||||||
11 | duty, or (2) in training or education
under
the supervision of | ||||||
12 | the United States preliminary to induction into the
military | ||||||
13 | service, may have his or her license restored without paying | ||||||
14 | any
lapsed
renewal or restoration fee, if within 2 years after | ||||||
15 | termination of such
service, training or education he or she | ||||||
16 | furnishes the Department with
satisfactory proof that he or she | ||||||
17 | has been so engaged and that his or
her service,
training or | ||||||
18 | education has been so terminated.
| ||||||
19 | (Source: P.A. 92-510, eff. 6-1-02.)
| ||||||
20 | (225 ILCS 110/13) (from Ch. 111, par. 7913)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
22 | Sec. 13. Licensing applicants from other states.
| ||||||
23 | Upon payment of the required fee, an applicant who is a | ||||||
24 | speech-language
pathologist, speech-language pathology | ||||||
25 | assistant, or audiologist licensed
under the laws of
another |
| |||||||
| |||||||
1 | state or territory of the United States, may
shall without | ||||||
2 | examination
be granted a license as a speech-language | ||||||
3 | pathologist, speech-language
pathology assistant, or | ||||||
4 | audiologist by the
Department:
| ||||||
5 | (a) whenever the requirements of such state or territory of | ||||||
6 | the United
States were at the date of licensure substantially | ||||||
7 | equal to the requirements
then in force in this State; or
| ||||||
8 | (b) whenever such requirements of another state or | ||||||
9 | territory of the
United States together with educational and | ||||||
10 | professional qualifications, as
distinguished from practical | ||||||
11 | experience, of the applicant since obtaining a
license as | ||||||
12 | speech-language pathologist, speech-language pathology
| ||||||
13 | assistant, or audiologist in such state or
territory of the | ||||||
14 | United States are substantially equal to the requirements
in | ||||||
15 | force in Illinois at the time of application for licensure as a
| ||||||
16 | speech-language pathologist, speech-language pathology | ||||||
17 | assistant, or
audiologist.
| ||||||
18 | Applicants have 3 years from the date of application to | ||||||
19 | complete the
application process. If the process has not been | ||||||
20 | completed within 3 years, the
application shall be denied, the | ||||||
21 | fee shall be forfeited, and the applicant must
reapply
and meet | ||||||
22 | the requirements in effect at the time of reapplication.
| ||||||
23 | (Source: P.A. 92-510, eff. 6-1-02.)
| ||||||
24 | (225 ILCS 110/15) (from Ch. 111, par. 7915)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 15. Returned checks; Penalties. Any person who | ||||||
2 | delivers a check or other payment to the Department that
is | ||||||
3 | returned to the Department unpaid by the financial institution | ||||||
4 | upon
which it is drawn shall pay to the Department, in addition | ||||||
5 | to the amount
already owed to the Department, a fine of $50. | ||||||
6 | The fines imposed by this
Section are in addition
to any other | ||||||
7 | discipline provided under this Act for unlicensed
practice or | ||||||
8 | practice on a nonrenewed license. The Department shall notify
| ||||||
9 | the person that payment of fees and fines shall be paid to the | ||||||
10 | Department
by certified check or money order within 30 calendar | ||||||
11 | days of the
notification. If, after the expiration of 30 days | ||||||
12 | from the date of the
notification, the person has failed to | ||||||
13 | submit the necessary remittance, the
Department shall | ||||||
14 | automatically terminate the license or certificate or deny
the | ||||||
15 | application, without hearing. If, after termination or denial, | ||||||
16 | the
person seeks a license or certificate, he or she shall | ||||||
17 | apply to the
Department for restoration or issuance of the | ||||||
18 | license or certificate and
pay all fees and fines due to the | ||||||
19 | Department. The Department may establish
a fee for the | ||||||
20 | processing of an application for restoration of a license or
| ||||||
21 | certificate to pay all expenses of processing this application. | ||||||
22 | The Secretary
Director
may waive the fines due under this | ||||||
23 | Section in individual cases where the Secretary
Director finds | ||||||
24 | that the fines would be unreasonable or unnecessarily
| ||||||
25 | burdensome.
| ||||||
26 | (Source: P.A. 92-146, eff. 1-1-02.)
|
| |||||||
| |||||||
1 | (225 ILCS 110/16) (from Ch. 111, par. 7916)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 16. Refusal, revocation or suspension of licenses.
| ||||||
4 | (1) The Department may refuse to issue or renew, or may | ||||||
5 | revoke, suspend,
place on probation, censure, reprimand or take | ||||||
6 | other disciplinary or non-disciplinary action as
the | ||||||
7 | Department may deem proper, including fines not to exceed | ||||||
8 | $10,000
$5,000 for
each violation, with regard to any license | ||||||
9 | for any one or
combination of the following causes:
| ||||||
10 | (a) Fraud in procuring the license.
| ||||||
11 | (b) (Blank).
Habitual intoxication or addiction to the | ||||||
12 | use of drugs.
| ||||||
13 | (c) Willful or repeated violations of the rules of the | ||||||
14 | Department of
Public Health.
| ||||||
15 | (d) Division of fees or agreeing to split or divide the | ||||||
16 | fees received
for speech-language pathology or audiology | ||||||
17 | services with any person for
referring an individual, or | ||||||
18 | assisting in the care or treatment of an
individual, | ||||||
19 | without the knowledge of the individual or his or her legal
| ||||||
20 | representative.
| ||||||
21 | (e) Employing, procuring, inducing, aiding or abetting | ||||||
22 | a person not
licensed as a speech-language pathologist or | ||||||
23 | audiologist to engage in the
unauthorized practice of | ||||||
24 | speech-language pathology or audiology.
| ||||||
25 | (e-5) Employing, procuring, inducing, aiding, or |
| |||||||
| |||||||
1 | abetting a person not
licensed as a speech-language | ||||||
2 | pathology assistant to perform the
functions and duties of | ||||||
3 | a speech-language pathology assistant.
| ||||||
4 | (f) Making any misrepresentations or false promises, | ||||||
5 | directly or
indirectly, to influence, persuade or induce | ||||||
6 | patronage.
| ||||||
7 | (g) Professional connection or association with, or | ||||||
8 | lending his or her
name to
another for the illegal practice | ||||||
9 | of speech-language pathology or audiology
by another, or | ||||||
10 | professional connection or association with any person, | ||||||
11 | firm
or corporation holding itself out in any manner | ||||||
12 | contrary to this Act.
| ||||||
13 | (h) Obtaining or seeking to obtain checks, money, or | ||||||
14 | any other things
of value by false or fraudulent | ||||||
15 | representations, including but not limited
to, engaging in | ||||||
16 | such fraudulent practice to defraud the medical assistance
| ||||||
17 | program of the Department of Healthcare and Family Services | ||||||
18 | (formerly Department of Public Aid ) .
| ||||||
19 | (i) Practicing under a name other than his or her own.
| ||||||
20 | (j) Improper, unprofessional or dishonorable conduct | ||||||
21 | of a character likely
to deceive, defraud or harm the | ||||||
22 | public.
| ||||||
23 | (k) Conviction of or entry of a plea of guilty or nolo | ||||||
24 | contendere to any crime that
in this or another state of | ||||||
25 | any crime which is a felony
under the laws of the United | ||||||
26 | States or any state or territory thereof, or that is a |
| |||||||
| |||||||
1 | misdemeanor of which an essential element is dishonesty, or | ||||||
2 | that is directly related to the practice of the profession
| ||||||
3 | this State or conviction of a felony in a federal court,
if | ||||||
4 | the Department determines, after investigation, that such | ||||||
5 | person has
not been sufficiently rehabilitated to warrant | ||||||
6 | the public trust .
| ||||||
7 | (1) Permitting a person under his or her supervision to | ||||||
8 | perform any
function
not authorized by this Act.
| ||||||
9 | (m) A violation of any provision of this Act or rules | ||||||
10 | promulgated
thereunder.
| ||||||
11 | (n) Discipline
Revocation by another state, the | ||||||
12 | District of Columbia, territory, or
foreign nation of a | ||||||
13 | license to practice speech-language pathology or audiology
| ||||||
14 | or a license to practice as a speech-language pathology | ||||||
15 | assistant in its
jurisdiction if at least one of the | ||||||
16 | grounds for that discipline
revocation is the
same as or | ||||||
17 | the equivalent of one of the grounds for discipline
| ||||||
18 | revocation set forth
herein.
| ||||||
19 | (o) Willfully failing to report an instance of | ||||||
20 | suspected child abuse or
neglect as required by the Abused | ||||||
21 | and Neglected Child Reporting Act.
| ||||||
22 | (p) Gross or repeated malpractice resulting in injury | ||||||
23 | or death of an
individual .
| ||||||
24 | (q) Willfully making or filing false records or reports | ||||||
25 | in his or her
practice
as a speech-language pathologist, | ||||||
26 | speech-language pathology assistant, or
audiologist, |
| |||||||
| |||||||
1 | including, but not limited
to, false records to support | ||||||
2 | claims against the public assistance program
of the | ||||||
3 | Department of Healthcare and Family Services (formerly
| ||||||
4 | Illinois Department of Public Aid ) .
| ||||||
5 | (r) Professional incompetence as manifested by poor | ||||||
6 | standards of care or
mental incompetence as declared by a | ||||||
7 | court of competent jurisdiction.
| ||||||
8 | (s) Repeated irregularities in billing a third party | ||||||
9 | for services
rendered to an individual. For purposes of | ||||||
10 | this Section, "irregularities
in billing" shall include:
| ||||||
11 | (i) reporting excessive charges for the purpose of | ||||||
12 | obtaining a total
payment in excess of that usually | ||||||
13 | received by the speech-language
pathologist, | ||||||
14 | speech-language pathology assistant, or audiologist | ||||||
15 | for the
services rendered;
| ||||||
16 | (ii) reporting charges for services not rendered; | ||||||
17 | or
| ||||||
18 | (iii) incorrectly reporting services rendered for | ||||||
19 | the purpose of
obtaining payment not earned.
| ||||||
20 | (t) (Blank).
| ||||||
21 | (u) Violation of the Health Care Worker Self-Referral | ||||||
22 | Act.
| ||||||
23 | (v) Inability
Physical illness, including but not | ||||||
24 | limited to deterioration
through the aging process or loss | ||||||
25 | of motor skill, mental illness, or
disability that results | ||||||
26 | in the inability to practice the profession with
reasonable |
| |||||||
| |||||||
1 | judgment, skill, or safety as a result of habitual or | ||||||
2 | excessive use of or addiction to alcohol, narcotics, or | ||||||
3 | stimulants or any other chemical agent or drug or as a | ||||||
4 | result of physical illness, including, but not limited to, | ||||||
5 | deterioration through the aging process or loss of motor | ||||||
6 | skill, mental illness, or disability .
| ||||||
7 | (w) Violation of the Hearing Instrument Consumer | ||||||
8 | Protection Act.
| ||||||
9 | (x) Failure by a speech-language pathology assistant | ||||||
10 | and supervising
speech-language pathologist to comply with | ||||||
11 | the supervision
requirements set forth in Section 8.8.
| ||||||
12 | (y) Wilfully exceeding the scope of duties customarily | ||||||
13 | undertaken by
speech-language pathology assistants set | ||||||
14 | forth in Section 8.7
that results in, or may result in, | ||||||
15 | harm to the public.
| ||||||
16 | (2) The Department shall deny a license or renewal | ||||||
17 | authorized by this
Act to any person who has defaulted on an | ||||||
18 | educational loan guaranteed by
the Illinois State Scholarship | ||||||
19 | Commission; however, the Department may
issue a license or | ||||||
20 | renewal if the aforementioned persons have established a
| ||||||
21 | satisfactory repayment record as determined by the Illinois | ||||||
22 | State
Scholarship Commission.
| ||||||
23 | (3) The entry of an order by a circuit court establishing | ||||||
24 | that any
person holding a license under this Act is subject to | ||||||
25 | involuntary admission or
judicial admission as provided for in | ||||||
26 | the Mental Health and Developmental
Disabilities Code, |
| |||||||
| |||||||
1 | operates as an automatic suspension of that license. That
| ||||||
2 | person may have his or her license restored only upon the | ||||||
3 | determination by a
circuit court that the patient is no longer | ||||||
4 | subject to involuntary admission or
judicial admission and the | ||||||
5 | issuance of an order so finding and discharging the
patient, | ||||||
6 | and upon the Board's recommendation to the Department that the | ||||||
7 | license
be restored. Where the circumstances so indicate, the | ||||||
8 | Board may recommend to
the Department that it require an | ||||||
9 | examination prior to restoring any license
automatically | ||||||
10 | suspended under this subsection.
| ||||||
11 | (4) The Department may refuse to issue or may suspend the | ||||||
12 | license of any
person who fails to file a return, or to pay the | ||||||
13 | tax, penalty, or interest
shown
in a filed return, or to pay | ||||||
14 | any final assessment of the tax penalty or
interest, as | ||||||
15 | required by any tax Act administered by the Department of
| ||||||
16 | Revenue, until such time as the requirements of any such tax | ||||||
17 | Act are
satisfied.
| ||||||
18 | (5) In enforcing this Section, the Board upon a showing of | ||||||
19 | a possible
violation may compel an individual licensed to | ||||||
20 | practice under this Act, or
who has applied for licensure | ||||||
21 | pursuant to this Act, to submit
to a mental or physical | ||||||
22 | examination, or both, as required by and at the expense
of the | ||||||
23 | Department. The examining physicians or clinical psychologists
| ||||||
24 | shall be those specifically designated by the Board.
The | ||||||
25 | individual to be examined may have, at his or her own expense, | ||||||
26 | another
physician or clinical psychologist of his or her choice |
| |||||||
| |||||||
1 | present during all
aspects of this examination. Failure of any | ||||||
2 | individual to submit to a mental
or
physical examination, when | ||||||
3 | directed, shall be grounds for suspension of his or
her
license | ||||||
4 | until the individual submits to the examination if the Board | ||||||
5 | finds,
after notice and hearing, that the refusal to submit to | ||||||
6 | the examination was
without reasonable cause.
| ||||||
7 | If the Board finds an individual unable to practice because | ||||||
8 | of the reasons
set forth in this Section, the Board may require | ||||||
9 | that individual to submit to
care, counseling, or treatment by | ||||||
10 | physicians or clinical psychologists approved
or designated by | ||||||
11 | the Board, as a condition, term, or restriction for continued,
| ||||||
12 | reinstated, or
renewed licensure to practice; or, in lieu of | ||||||
13 | care, counseling, or treatment,
the
Board may recommend to the | ||||||
14 | Department to file a complaint to immediately
suspend, revoke, | ||||||
15 | or otherwise discipline the license of the individual.
Any | ||||||
16 | individual whose
license was granted, continued, reinstated, | ||||||
17 | renewed, disciplined or supervised
subject to such terms, | ||||||
18 | conditions, or restrictions, and who fails to comply
with
such | ||||||
19 | terms, conditions, or restrictions, shall be referred to the | ||||||
20 | Secretary
Director for
a
determination as to whether the | ||||||
21 | individual shall have his or her license
suspended immediately, | ||||||
22 | pending a hearing by the Board.
| ||||||
23 | In instances in which the Secretary
Director immediately | ||||||
24 | suspends a person's license
under this Section, a hearing on | ||||||
25 | that person's license must be convened by
the Board within 15 | ||||||
26 | days after the suspension and completed without appreciable
|
| |||||||
| |||||||
1 | delay.
The Board shall have the authority to review the subject | ||||||
2 | individual's record of
treatment and counseling regarding the | ||||||
3 | impairment to the extent permitted by
applicable federal | ||||||
4 | statutes and regulations safeguarding the confidentiality of
| ||||||
5 | medical records.
| ||||||
6 | An individual licensed under this Act and affected under | ||||||
7 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
8 | the Board that he or she can resume
practice in compliance with | ||||||
9 | acceptable and prevailing standards under the
provisions of his | ||||||
10 | or her license.
| ||||||
11 | (Source: P.A. 91-949, eff. 2-9-01; 92-510, eff. 6-1-02; revised | ||||||
12 | 12-15-05.)
| ||||||
13 | (225 ILCS 110/17) (from Ch. 111, par. 7917)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 17. Investigations; notice ; hearings
of hearing . | ||||||
16 | Licenses may be refused, revoked, or suspended in the manner | ||||||
17 | provided by this Act and not otherwise. The Department may upon | ||||||
18 | its own motion and shall upon the verified complaint in writing | ||||||
19 | of any person setting forth facts that if proven would | ||||||
20 | constitute grounds for refusal to issue, suspend, or revoke | ||||||
21 | under this Act, investigate the actions of any person applying | ||||||
22 | for, holding, or claiming to hold a license.
| ||||||
23 | The Department shall, before refusing to issue or renew or | ||||||
24 | suspending or revoking any license or taking other disciplinary | ||||||
25 | action pursuant to Section 16 of this Act, and at least 30 days |
| |||||||
| |||||||
1 | prior to the date set for the hearing, notify, in writing, the | ||||||
2 | applicant for or the holder of such license of any charges | ||||||
3 | made, afford the accused person an opportunity to be heard in | ||||||
4 | person or by counsel in reference thereto, and direct the | ||||||
5 | applicant or licensee to file a written answer to the Board | ||||||
6 | under oath within 20 days after the service of the notice and | ||||||
7 | inform the applicant or licensee that failure to file an answer | ||||||
8 | will result in default being taken against the applicant or | ||||||
9 | licensee and that the license or certificate may be suspended, | ||||||
10 | revoked, placed on probationary status, or other disciplinary | ||||||
11 | action may be taken, including limiting the scope, nature, or | ||||||
12 | extent of practice, as the Secretary may deem proper. Written | ||||||
13 | notice may be served by delivery of the same personally to the | ||||||
14 | accused person or by mailing the same by certified mail to his | ||||||
15 | or her last known place of residence or to the place of | ||||||
16 | business last specified by the accused person in his or her | ||||||
17 | last notification to the Department. In case the person fails | ||||||
18 | to file an answer after receiving notice, his or her license or | ||||||
19 | certificate may, in the discretion of the Department, be | ||||||
20 | suspended, revoked, or placed on probationary status or the | ||||||
21 | Department may take whatever disciplinary action deemed | ||||||
22 | proper, including limiting the scope, nature, or extent of the | ||||||
23 | person's practice or the imposition of a fine, without a | ||||||
24 | hearing, if the act or acts charged constitute sufficient | ||||||
25 | grounds for such action under this Act. | ||||||
26 | At the time and place fixed in the notice, the Board shall |
| |||||||
| |||||||
1 | proceed to hearing of the charges and both the accused person | ||||||
2 | and the complainant shall be accorded ample opportunity to | ||||||
3 | present, in person or by counsel, any statements, testimony, | ||||||
4 | evidence, and arguments as may be pertinent to the charges or | ||||||
5 | to their defense. The Board may continue such hearing from time | ||||||
6 | to time. If the Board is not sitting at the time and place | ||||||
7 | fixed in the notice or at the time and place to which the | ||||||
8 | hearing shall have been continued, the Department shall | ||||||
9 | continue such hearing for a period not to exceed 30 days.
Upon | ||||||
10 | the motion of
either the Department or the Board or upon the | ||||||
11 | verified complaint in
writing of any person setting forth facts | ||||||
12 | that if proven would
constitute
grounds for refusal to issue, | ||||||
13 | suspension, or revocation of a license
or for taking any
other | ||||||
14 | disciplinary action with regard to a license under this
Act,
| ||||||
15 | the Department shall investigate the actions of any person,
| ||||||
16 | hereinafter called
the "licensee", who holds or represents that | ||||||
17 | he or she holds a license.
All such
motions or complaints shall | ||||||
18 | be brought to the Board.
| ||||||
19 |
The Director shall, before refusing to issue, | ||||||
20 | suspending, revoking,
placing on probationary
status, or | ||||||
21 | taking any other disciplinary action as the Director may deem
| ||||||
22 | proper with regard to any license, at least 30 days prior to | ||||||
23 | the date set
for the hearing, notify the licensee in writing of | ||||||
24 | any charges made and the
time and place for a hearing of the | ||||||
25 | charges before the Board. The Board
shall also direct him to
| ||||||
26 | file his or her written answer thereto with the Board under |
| |||||||
| |||||||
1 | oath
within 20 days after the service on him of such notice, | ||||||
2 | and inform him that
if he or she fails to file such answer, his | ||||||
3 | or her license may be
suspended, revoked,
placed on | ||||||
4 | probationary status or other disciplinary action may be taken
| ||||||
5 | with regard thereto, including limiting the scope, nature or | ||||||
6 | extent of his
or her practice as the Director may deem proper.
| ||||||
7 |
Such written notice and any notice in such proceeding | ||||||
8 | thereafter may be
served by delivery personally to the | ||||||
9 | licensee, or by registered or
certified mail to the address | ||||||
10 | specified by the licensee in
his or her last notification to | ||||||
11 | the Director.
| ||||||
12 | (Source: P.A. 90-69, eff. 7-8-97.)
| ||||||
13 | (225 ILCS 110/18) (from Ch. 111, par. 7918)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 18. Temporary suspension of license
Disciplinary | ||||||
16 | actions . (a) In case the licensee, after
receiving notice, | ||||||
17 | fails to file an answer, his or her license may, in the
| ||||||
18 | discretion of the Director, having first received the | ||||||
19 | recommendation of the
Board, be suspended, revoked, placed on | ||||||
20 | probationary status or the
Director may take whatever | ||||||
21 | disciplinary action he or she may deem proper,
including | ||||||
22 | limiting the scope, nature, or extent of the person's practice | ||||||
23 | or
the imposition of a fine, without a hearing, if the act or | ||||||
24 | acts charged
constitute sufficient grounds for such action | ||||||
25 | under this Act. (b) The Secretary
Director may temporarily |
| |||||||
| |||||||
1 | suspend the license of a
speech-language pathologist, | ||||||
2 | speech-language pathology assistant, or
audiologist without a | ||||||
3 | hearing, simultaneous
to the institution of proceedings for a | ||||||
4 | hearing under this Act, if the Secretary
Director finds that | ||||||
5 | evidence in his or her possession indicates that a
| ||||||
6 | speech-language pathologist's, speech-language pathology | ||||||
7 | assistant's, or
an audiologist's continuation in practice | ||||||
8 | would
constitute an immediate danger to the public. In the | ||||||
9 | event that the Secretary
Director temporarily suspends the | ||||||
10 | license of a speech-language pathologist,
speech-language | ||||||
11 | pathology assistant, or audiologist without a hearing, a
| ||||||
12 | hearing by the Board must be
held within 15 days after such | ||||||
13 | suspension has occurred and concluded without
appreciable | ||||||
14 | delay.
| ||||||
15 | (Source: P.A. 92-510, eff. 6-1-02.)
| ||||||
16 | (225 ILCS 110/19) (from Ch. 111, par. 7919)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 19. Subpoenas; depositions; oaths
Hearings . At the | ||||||
19 | time and place fixed in the notice under
Section 17, the Board | ||||||
20 | shall proceed to hear the charges and both the
licensee and the | ||||||
21 | complainant shall be accorded ample opportunity
to present in | ||||||
22 | person, or by counsel, such statements, testimony, evidence
and | ||||||
23 | arguments as may be pertinent to the charges or to any defense | ||||||
24 | thereto.
The Board may continue such hearing from time to time. | ||||||
25 | If the Board is not
sitting at the time and place fixed in the |
| |||||||
| |||||||
1 | notice or at the time and place
to which the hearing has been | ||||||
2 | continued, the Department shall continue such
hearing for a | ||||||
3 | period not to exceed 30 days.
| ||||||
4 | The Board and Department has the
shall have power to | ||||||
5 | subpoena documents, books, records, or other materials and | ||||||
6 | bring before
it
the Board any person in this State and to take | ||||||
7 | testimony either orally or
by deposition, or both, with the | ||||||
8 | same fees and mileage and in the same
manner as is prescribed | ||||||
9 | in civil cases in the courts of this State
by law pursuant to | ||||||
10 | "An Act concerning fees and
salaries, and to classify the | ||||||
11 | several counties of this State with reference
thereto", | ||||||
12 | approved March 28, 1874, as amended .
| ||||||
13 | The Secretary, the designated hearing officer,
Director
| ||||||
14 | and every
any member of the Board has the
shall have power to | ||||||
15 | administer
oaths to witnesses at any hearing that
which the | ||||||
16 | Department or Board is authorized by law to
conduct and any | ||||||
17 | other oaths authorized in any Act administered by the | ||||||
18 | Department .
| ||||||
19 | (Source: P.A. 85-1391.)
| ||||||
20 | (225 ILCS 110/20) (from Ch. 111, par. 7920)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
22 | Sec. 20. Attendance of Witnesses, Production of Documents. | ||||||
23 | Any
circuit court, upon the application of the licensee or | ||||||
24 | complainant or of
the Department or designated hearing officer
| ||||||
25 | or Board , may enter an order requiring the attendance of |
| |||||||
| |||||||
1 | witnesses and their testimony and the
production of documents, | ||||||
2 | papers, files, books, and records in connection with any | ||||||
3 | hearing or investigation
relevant books and papers before the | ||||||
4 | Board in any hearing
relative to the application for or | ||||||
5 | refusal, recall, suspension or
revocation of a license . The | ||||||
6 | court may compel obedience to its order by
proceedings for | ||||||
7 | contempt.
| ||||||
8 | (Source: P.A. 85-1391.)
| ||||||
9 | (225 ILCS 110/21) (from Ch. 111, par. 7921)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
11 | Sec. 21. Findings and recommendations
Recommendations for | ||||||
12 | disciplinary action . At the conclusion of a hearing, the Board | ||||||
13 | shall present to the Secretary a written report of its findings | ||||||
14 | of fact, conclusions of law, and recommendations. The report | ||||||
15 | shall contain a finding of whether or not the accused person | ||||||
16 | violated this Act or its rules or failed to comply with the | ||||||
17 | conditions required in this Act or its rules. The Board shall | ||||||
18 | specify the nature of any violations or failure to comply and | ||||||
19 | shall make its recommendations to the Secretary. | ||||||
20 | In making recommendations for any disciplinary actions, | ||||||
21 | the Board may take into consideration all facts and | ||||||
22 | circumstances bearing upon the reasonableness of the conduct of | ||||||
23 | the accused and the potential for future harm to the public, | ||||||
24 | including, but not limited to, previous discipline of the | ||||||
25 | accused by the Department, intent, degree of harm to the |
| |||||||
| |||||||
1 | public, likelihood of harm in the future, any restitution made | ||||||
2 | by the accused, and whether the incident or incidents contained | ||||||
3 | in the complaint appear to be isolated or represent a | ||||||
4 | continuing pattern of conduct. In making its recommendations | ||||||
5 | for discipline, the Board shall endeavor to ensure that the | ||||||
6 | severity of the discipline recommended is reasonably related to | ||||||
7 | the severity of the violation. | ||||||
8 | The report of findings of fact, conclusions of law, and | ||||||
9 | recommendation of the Board shall be the basis for the | ||||||
10 | Department's order refusing to issue, restore, or renew a | ||||||
11 | license, or otherwise disciplining a licensee. If the Secretary | ||||||
12 | disagrees with the recommendations of the Board, the Secretary | ||||||
13 | may issue an order in contravention of the Board | ||||||
14 | recommendations. Board findings are not admissible as evidence | ||||||
15 | against the person in a criminal prosecution brought for a | ||||||
16 | violation of this Act; however, the hearing and findings shall | ||||||
17 | not serve as a bar to criminal prosecution brought for a | ||||||
18 | violation of this Act.
The Board may advise the
Director that | ||||||
19 | probation be granted or
that other disciplinary action, | ||||||
20 | including the limitation of the scope,
nature or extent of a | ||||||
21 | person's practice, be taken, as it deems proper. If
| ||||||
22 | disciplinary action other than suspension or revocation is | ||||||
23 | taken, the Board
may advise the Director to impose reasonable | ||||||
24 | limitations and requirements
upon the licensee to insure | ||||||
25 | compliance with the terms of the probation or
other | ||||||
26 | disciplinary action, including, but not limited to, regular |
| |||||||
| |||||||
1 | reporting
by the licensee to the Director of his or her | ||||||
2 | actions, or the licensee
placing
himself under the care of a | ||||||
3 | qualified physician for treatment or limiting
his or her | ||||||
4 | practice in such manner as the Director may require.
| ||||||
5 | The Board shall present to the Director a written report of | ||||||
6 | its findings
and recommendations. A copy of such report shall | ||||||
7 | be served upon the
licensee, either personally or by registered | ||||||
8 | or certified mail. Within 20
days after such service, the | ||||||
9 | licensee may present to the Department his
or her motion in | ||||||
10 | writing for a rehearing, specifying the particular grounds
| ||||||
11 | therefor. If the licensee orders and pays for a transcript of | ||||||
12 | the record,
the time elapsing thereafter and before such | ||||||
13 | transcript is ready for
delivery to him shall not be counted as | ||||||
14 | part of such 20 days.
| ||||||
15 | At the expiration of the time allowed for filing a motion | ||||||
16 | for rehearing,
the Director may take the action recommended by | ||||||
17 | the Board. Upon
suspension, revocation, placement on | ||||||
18 | probationary status, or the taking of
any other disciplinary | ||||||
19 | action, including the limiting of the scope, nature,
or extent | ||||||
20 | of one's practice, deemed proper by the Director, with regard | ||||||
21 | to
the license, the licensee shall surrender his or her license | ||||||
22 | to the
Department if
ordered to do so by the Department and | ||||||
23 | upon his or her failure or refusal
to do
so, the Department may | ||||||
24 | seize such license.
| ||||||
25 | In all instances under this Act in which the Board has | ||||||
26 | rendered a
recommendation to the Director with respect to a |
| |||||||
| |||||||
1 | particular person, the
Director shall notify the Board if he or | ||||||
2 | she
disagrees with or takes action
contrary to the | ||||||
3 | recommendation of the Board.
| ||||||
4 | Each order of revocation, suspension or other disciplinary | ||||||
5 | action shall
contain a brief and concise statement of the | ||||||
6 | ground or grounds upon which the
Department's action is based, | ||||||
7 | as well as the specific terms and conditions of
such action.
| ||||||
8 | (Source: P.A. 90-69, eff. 7-8-97)
| ||||||
9 | (225 ILCS 110/21.1 new) | ||||||
10 | Sec. 21.1. Board; rehearing. At the conclusion of the | ||||||
11 | hearing, a copy of the Board's report shall be served upon the | ||||||
12 | applicant or licensee by the Department, either personally or | ||||||
13 | as provided in this Act for the service of a notice of hearing. | ||||||
14 | Within 20 days after service, the applicant or licensee may | ||||||
15 | present to the Department a motion, in writing, for a | ||||||
16 | rehearing, which shall specify the particular grounds for | ||||||
17 | rehearing. The Department may respond to the motion for | ||||||
18 | rehearing within 20 days after its service on the Department. | ||||||
19 | If no motion for rehearing is filed, then upon the expiration | ||||||
20 | of the time specified for filing such a motion, or if a motion | ||||||
21 | for rehearing is denied, then upon denial, the Secretary may | ||||||
22 | enter an order in accordance with recommendations of the Board | ||||||
23 | except as provided in Section 22 of this Act. If the applicant | ||||||
24 | or licensee orders from the reporting service and pays for a | ||||||
25 | transcript of the record within the time for filing a motion |
| |||||||
| |||||||
1 | for rehearing, the 20-day period within which a motion may be | ||||||
2 | filed shall commence upon the delivery of the transcript to the | ||||||
3 | applicant or licensee. | ||||||
4 | (225 ILCS 110/21.2 new)
| ||||||
5 | Sec. 21.2. Secretary; rehearing. Whenever the Secretary | ||||||
6 | believes that substantial justice has not been done in the | ||||||
7 | revocation, suspension, or refusal to issue, restore, or renew | ||||||
8 | a license or other discipline of an applicant or licensee, he | ||||||
9 | or she may order a rehearing by the same or other examiners.
| ||||||
10 | (225 ILCS 110/22) (from Ch. 111, par. 7922)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 22. Appointment of a hearing officer. The Secretary
| ||||||
13 | Director shall have
the authority to appoint any attorney duly | ||||||
14 | licensed to practice law in the
State of Illinois to serve as | ||||||
15 | the hearing officer for any action for
refusal to issue, renew | ||||||
16 | or discipline of a license. The hearing officer
shall have full | ||||||
17 | authority to conduct the hearing. Board members may attend | ||||||
18 | hearings. The hearing officer
shall report his or her findings | ||||||
19 | and recommendations to the Board and the Secretary
Director .
| ||||||
20 | The Board shall have 60 days after receipt of the report to
| ||||||
21 | review
the
report of the hearing officer and present its | ||||||
22 | findings of fact,
conclusions of law and recommendations to the | ||||||
23 | Secretary and to all parties to the proceedings
Director . If | ||||||
24 | the Board
fails to present its report within the 60-day period, |
| |||||||
| |||||||
1 | the Director may
issue an order based on the report of the | ||||||
2 | hearing officer. If the Secretary
Director
disagrees in any | ||||||
3 | regard with the Board's report, he or she may issue an
order in
| ||||||
4 | contravention of the Board's report.
| ||||||
5 | (Source: P.A. 90-69, eff. 7-8-97.)
| ||||||
6 | (225 ILCS 110/23) (from Ch. 111, par. 7923)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
8 | Sec. 23. Restoration. At any time after suspension, | ||||||
9 | revocation,
placement on probationary status, or the taking of | ||||||
10 | any other disciplinary
action with regard to any license, the | ||||||
11 | Department may restore the license,
or take any other action to | ||||||
12 | reinstate the license to good standing , without
examination,
| ||||||
13 | upon the written recommendation of the Board , unless after an | ||||||
14 | investigation and a hearing, the Board determines that | ||||||
15 | restoration is not in the public interest .
| ||||||
16 | (Source: P.A. 85-1391.)
| ||||||
17 | (225 ILCS 110/24) (from Ch. 111, par. 7924)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 24. Review under the Administrative Review Law - | ||||||
20 | Application .
| ||||||
21 | All final administrative decisions of the Department | ||||||
22 | hereunder shall be
are subject to judicial
review pursuant to | ||||||
23 | the provisions of the Administrative Review Law and all | ||||||
24 | amendments and modifications thereof and rules adopted thereto
|
| |||||||
| |||||||
1 | Article III of the Code of Civil Procedure, and
the rules | ||||||
2 | adopted pursuant thereto . The term "administrative decision" | ||||||
3 | is
defined as in Section 3-101 of the Code of Civil Procedure.
| ||||||
4 | Such proceedings for judicial review shall be commenced in | ||||||
5 | the circuit
court of the county in which the party applying for | ||||||
6 | review resides, but
if such party is not a resident of this | ||||||
7 | State, the venue shall be in Sangamon County.
| ||||||
8 | The Department shall not be required to certify any record | ||||||
9 | to the court
or file any answer in court or otherwise appear in | ||||||
10 | any court in a judicial
review proceeding, unless there is | ||||||
11 | filed in the court with the complaint
a receipt from the | ||||||
12 | Department acknowledging payment of the costs of furnishing
and | ||||||
13 | certifying the record, which costs shall be computed at the | ||||||
14 | rate of
20 cents per page of such record. Exhibits shall be | ||||||
15 | certified without cost.
Failure on the part of the plaintiff to | ||||||
16 | file such receipt in court shall
be grounds for dismissal of | ||||||
17 | the action. During the pendency and hearing
of any and all | ||||||
18 | judicial proceedings
incident to such disciplinary action, any | ||||||
19 | sanctions imposed upon the licensee
by the Department shall | ||||||
20 | remain in full force and effect.
| ||||||
21 | (Source: P.A. 85-1391.)
| ||||||
22 | (225 ILCS 110/24.1 new) | ||||||
23 | Sec. 24.1. Certifications of record; costs. The Department | ||||||
24 | shall not be required to certify any record to the court, to | ||||||
25 | file an answer in court, or to otherwise appear in any court in |
| |||||||
| |||||||
1 | a judicial review proceeding unless there is filed in the | ||||||
2 | court, with the complaint, a receipt from the Department | ||||||
3 | acknowledging payment of the costs of furnishing and certifying | ||||||
4 | the record, which costs shall be determined by the Department. | ||||||
5 | Failure on the part of the plaintiff to file the receipt in | ||||||
6 | court is grounds for dismissal of the action.
| ||||||
7 | (225 ILCS 110/25) (from Ch. 111, par. 7925)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 25. Order or certified copy; prima facie proof
| ||||||
10 | Revocation Orders . An order of revocation, suspension, | ||||||
11 | placement
on probationary status or other formal disciplinary | ||||||
12 | action as the Department
may deem proper, or a certified copy | ||||||
13 | thereof, over the seal of the Department
and purporting to be | ||||||
14 | signed by the Secretary
Director of the Department , is prima
| ||||||
15 | facie proof that:
| ||||||
16 | (a) the
such signature is the genuine signature of the | ||||||
17 | Secretary
Director ;
| ||||||
18 | (b) the Secretary
Director is duly appointed and qualified; | ||||||
19 | and
| ||||||
20 | (c) the Board and its
the members thereof are qualified to | ||||||
21 | act .
| ||||||
22 | (Source: P.A. 85-1391.)
| ||||||
23 | (225 ILCS 110/28) (from Ch. 111, par. 7928)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 28. Injunction. The practice
of
speech-language
| ||||||
2 | pathology or audiology by any person not holding a valid and | ||||||
3 | current license
under this Act
or a person performing the | ||||||
4 | functions and duties of a speech-language
pathology assistant | ||||||
5 | without a valid and current license under this Act,
is declared | ||||||
6 | to be inimical to the public welfare, to constitute
a public | ||||||
7 | nuisance, and to cause irreparable harm to the public welfare.
| ||||||
8 | The Secretary
Director , the Attorney General, the State's | ||||||
9 | attorney of any county in
the State or any person may maintain | ||||||
10 | an action in the name of the People
of the State of Illinois, | ||||||
11 | and may apply for an injunction in any circuit
court to enjoin | ||||||
12 | any such person from engaging in such practice. Upon
the filing | ||||||
13 | of a verified petition in such court, the court or any judge
| ||||||
14 | thereof, if satisfied by affidavit, or otherwise, that such | ||||||
15 | person has been
engaged in such
practice without a valid and | ||||||
16 | current license, may issue a temporary
injunction without | ||||||
17 | notice or bond, enjoining the defendant from any such
further | ||||||
18 | practice. Only the showing of nonlicensure, by affidavit or
| ||||||
19 | otherwise, is necessary in order for a temporary injunction to | ||||||
20 | issue. A
copy of the verified complaint shall be served upon | ||||||
21 | the defendant and the
proceedings shall thereafter be conducted | ||||||
22 | as in other civil cases except as
modified by this Section. If | ||||||
23 | it is established that the defendant has been,
or is engaged in | ||||||
24 | any such unlawful practice, the court, or any judge
thereof, | ||||||
25 | may enter an order or judgment perpetually enjoining the | ||||||
26 | defendant
from further such practice. In all proceedings |
| |||||||
| |||||||
1 | hereunder, the court, in its
discretion, may apportion the | ||||||
2 | costs among the parties interested in the
suit, including cost | ||||||
3 | of filing the complaint, service of process, witness
fees and | ||||||
4 | expenses, court reporter charges and reasonable attorneys' | ||||||
5 | fees.
In case of violation of any injunction issued under the | ||||||
6 | provisions of this
Section, the court or any judge thereof may | ||||||
7 | summarily try and
punish the
offender for contempt of court. | ||||||
8 | Such injunction proceedings shall be in
addition to, and not in | ||||||
9 | lieu of, all penalties and other remedies provided in
this Act.
| ||||||
10 | (Source: P.A. 92-510, eff. 6-1-02.)
| ||||||
11 | (225 ILCS 110/28.5)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
13 | Sec. 28.5. Cease and desist order. If any person violates | ||||||
14 | the provisions of
this Act, the Secretary
Director , in the name | ||||||
15 | of the People of the State of Illinois,
through the Attorney | ||||||
16 | General or the State's Attorney of the county in which the
| ||||||
17 | violation is alleged to have occurred, may petition for an | ||||||
18 | order enjoining the
violation or for an order enforcing | ||||||
19 | compliance with this Act. Upon the filing
of a verified | ||||||
20 | petition, the court with appropriate jurisdiction may issue a
| ||||||
21 | temporary restraining order, without notice or bond, and may | ||||||
22 | preliminarily and
permanently enjoin the violation. If it is | ||||||
23 | established that the person has
violated or is violating the | ||||||
24 | injunction, the court may punish the offender for
contempt of | ||||||
25 | court. Proceedings under this Section are in addition to, and |
| |||||||
| |||||||
1 | not
in lieu of, all other remedies and penalties provided by | ||||||
2 | this Act.
| ||||||
3 | Whenever, in the opinion of the Department, a person | ||||||
4 | violates any provision
of this Act, the Department may issue a | ||||||
5 | rule to show cause why an order to
cease and desist should not | ||||||
6 | be entered against that person. The rule shall
clearly set | ||||||
7 | forth the grounds relied upon by the Department and shall allow | ||||||
8 | at
least 7 days from the date of the rule to file an
answer | ||||||
9 | satisfactory to the Department. Failure to answer to the | ||||||
10 | satisfaction of
the Department shall cause an order to cease | ||||||
11 | and desist to be issued.
| ||||||
12 | (Source: P.A. 90-69, eff. 7-8-97.)
| ||||||
13 | (225 ILCS 110/29) (from Ch. 111, par. 7929)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 29. Penalty of unlawful practice - second and | ||||||
16 | subsequent
offenses. Any person who practices or offers to | ||||||
17 | practice speech-language
pathology or audiology
or performs | ||||||
18 | the functions and duties of a speech-language pathology
| ||||||
19 | assistant
in
this State without being licensed for that | ||||||
20 | purpose,
or whose license has been suspended or revoked, or who | ||||||
21 | violates any of the
provisions of this Act, for which no | ||||||
22 | specific penalty has been provided
herein, is guilty of a Class | ||||||
23 | A misdemeanor.
| ||||||
24 | Any person who has been previously convicted under any of | ||||||
25 | the provisions
of this Act and who subsequently violates any of |
| |||||||
| |||||||
1 | the provisions of this Act
is guilty of a Class 4 felony. In | ||||||
2 | addition, whenever any person is
punished as a subsequent | ||||||
3 | offender under this Section, the Secretary
Director shall
| ||||||
4 | proceed to obtain a permanent injunction against such person | ||||||
5 | under Section 29
of this Act.
| ||||||
6 | (Source: P.A. 92-510, eff. 6-1-02.)
| ||||||
7 | (225 ILCS 110/26 rep.)
| ||||||
8 | Section 15. The Illinois Speech-Language Pathology and
| ||||||
9 | Audiology Practice Act is amended by repealing Section 26.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|