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92_HB1356eng
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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 Sections 21-2 and 21-14 and adding Sections 14-1.09b,
6 14-1.09c, and 14-6.03 as follows:
7 (105 ILCS 5/14-1.09b new)
8 Sec. 14-1.09b. Speech-language pathologist.
9 "Speech-language pathologist" means a person who has received
10 a license pursuant to the Illinois Speech-Language Pathology
11 and Audiology Practice Act to engage in the practice of
12 speech-language pathology.
13 (105 ILCS 5/14-1.09c new)
14 Sec. 14-1.09c. Speech-language pathology assistant.
15 "Speech-language pathology assistant" means a person who has
16 received a license to assist a speech-language pathologist
17 pursuant to the Illinois Speech-Language Pathology and
18 Audiology Practice Act.
19 (105 ILCS 5/14-6.03 new)
20 Sec. 14-6.03. Speech-language pathology assistants.
21 (a) Except as otherwise provided in this subsection, on
22 or after January 1, 2002, no person shall perform the duties
23 of a speech-language pathology assistant without first
24 applying for and receiving a license for that purpose from
25 the Department of Professional Regulation. Before January 1,
26 2004, however, any person holding a bachelor's degree in
27 communication disorders who has been approved by the State
28 Board of Education on or after the effective date of this
29 amendatory Act of the 92nd General Assembly to perform the
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1 functions and duties of a speech-language pathology assistant
2 may perform those functions and duties without obtaining a
3 license as a speech-language pathology assistant pursuant to
4 the Illinois Speech-Language Pathology and Audiology Practice
5 Act. A person employed as a speech-language pathology
6 assistant in any class, service, or program authorized by
7 this Article may perform only those duties authorized by this
8 Section under the supervision of a speech-language
9 pathologist as provided in this Section.
10 (b) A speech-language pathology assistant may not be
11 assigned his or her own student caseload. The student
12 caseload limit of a speech-language pathologist who
13 supervises any speech-language pathology assistants shall be
14 determined by the severity of the needs of the students
15 served by the speech-language pathologist. A full-time
16 speech-language pathologist's caseload limit may not exceed
17 80 students (60 students on or after September 1, 2003) at
18 any time. The caseload limit of a part-time speech-language
19 pathologist shall be determined by multiplying the caseload
20 limit of a full-time speech-language pathologist by a
21 percentage that equals the number of hours worked by the
22 part-time speech-language pathologist divided by the number
23 of hours worked by a full-time speech-language pathologist in
24 that school district. Employment of a speech-language
25 pathology assistant may not increase or decrease the caseload
26 of the supervising speech-language pathologist.
27 (c) A school district that intends to utilize the
28 services of a speech-language pathology assistant must
29 provide written notification to the parent or guardian of
30 each student who will be served by a speech-language
31 pathology assistant.
32 (d) The scope of responsibility of a speech-language
33 pathology assistant shall be limited to supplementing the
34 role of the speech-language pathologist in implementing the
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1 treatment program established by a speech-language
2 pathologist. The functions and duties of a speech-language
3 pathology assistant shall be limited to the following:
4 (1) Conducting speech-language screening, without
5 interpretation, and using screening protocols selected by
6 the supervising speech-language pathologist.
7 (2) Providing direct treatment assistance to
8 students under the supervision of a speech-language
9 pathologist.
10 (3) Following and implementing documented treatment
11 plans or protocols developed by a supervising
12 speech-language pathologist.
13 (4) Documenting student progress toward meeting
14 established objectives, and reporting the information to
15 a supervising speech-language pathologist.
16 (5) Assisting a speech-language pathologist during
17 assessments, including, but not limited to, assisting
18 with formal documentation, preparing materials, and
19 performing clerical duties for a supervising
20 speech-language pathologist.
21 (6) Acting as an interpreter for non-English
22 speaking students and their family members when competent
23 to do so.
24 (7) Scheduling activities and preparing charts,
25 records, graphs, and data.
26 (8) Performing checks and maintenance of equipment,
27 including, but not limited to, augmentative communication
28 devices.
29 (9) Assisting with speech-language pathology
30 research projects, in-service training, and family or
31 community education.
32 (e) A speech-language pathology assistant may not:
33 (1) perform standardized or nonstandardized
34 diagnostic tests or formal or informal evaluations or
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1 interpret test results;
2 (2) screen or diagnose students for feeding or
3 swallowing disorders;
4 (3) participate in parent conferences, case
5 conferences, or any interdisciplinary team without the
6 presence of the supervising speech-language pathologist;
7 (4) provide student or family counseling;
8 (5) write, develop, or modify a student's
9 individualized treatment plan;
10 (6) assist with students without following the
11 individualized treatment plan prepared by the supervising
12 speech-language pathologist;
13 (7) sign any formal documents, such as treatment
14 plans, reimbursement forms, or reports;
15 (8) select students for services;
16 (9) discharge a student from services;
17 (10) disclose clinical or confidential information,
18 either orally or in writing, to anyone other than the
19 supervising speech-language pathologist;
20 (11) make referrals for additional services;
21 (12) counsel or consult with the student, family,
22 or others regarding the student's status or service;
23 (13) represent himself or herself to be a
24 speech-language pathologist or a speech therapist;
25 (14) use a checklist or tabulate results of feeding
26 or swallowing evaluations; or
27 (15) demonstrate swallowing strategies or
28 precautions to students, family, or staff.
29 (f) A speech-language pathology assistant shall practice
30 only under the supervision of a speech-language pathologist
31 who has at least 2 years experience in addition to the
32 supervised professional experience required under subsection
33 (f) of Section 8 of the Illinois Speech-Language Pathology
34 and Audiology Practice Act. A speech-language pathologist
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1 who supervises a speech-language pathology assistant must
2 have completed at least 10 clock hours of training in the
3 supervision of speech-language pathology assistants. The
4 State Board of Education shall promulgate rules describing
5 the supervision training requirements. The rules may allow a
6 speech-language pathologist to apply to the State Board of
7 Education for an exemption from this training requirement
8 based upon prior supervisory experience.
9 (g) A speech-language pathology assistant must be under
10 the direct supervision of a speech-language pathologist at
11 least 30% of the speech-language pathology assistant's actual
12 student contact time per student for the first 90 days of
13 initial employment as a speech-language pathology assistant.
14 Thereafter, the speech-language pathology assistant must be
15 under the direct supervision of a speech-language pathologist
16 at least 20% of the speech-language pathology assistant's
17 actual student contact time per student. Supervision of a
18 speech-language pathology assistant beyond the minimum
19 requirements of this subsection may be imposed at the
20 discretion of the supervising speech-language pathologist. A
21 supervising speech-language pathologist must be available to
22 communicate with a speech-language pathology assistant
23 whenever the assistant is in contact with a student.
24 (h) A speech-language pathologist that supervises a
25 speech-language pathology assistant must document direct
26 supervision activities. At a minimum, supervision
27 documentation must provide (i) information regarding the
28 quality of the speech-language pathology assistant's
29 performance of assigned duties and (ii) verification that
30 clinical activity is limited to duties specified in this
31 Section.
32 (i) A full-time speech-language pathologist may
33 supervise no more than 2 speech-language pathology
34 assistants. A speech-language pathologist that does not work
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1 full-time may supervise no more than one speech-language
2 pathology assistant.
3 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
4 Sec. 21-2. Grades of certificates.
5 (a) Until February 15, 2000, all certificates issued
6 under this Article shall be State certificates valid, except
7 as limited in Section 21-1, in every school district coming
8 under the provisions of this Act and shall be limited in time
9 and designated as follows: Provisional vocational
10 certificate, temporary provisional vocational certificate,
11 early childhood certificate, elementary school certificate,
12 special certificate, high school certificate, school service
13 personnel certificate, administrative certificate,
14 provisional certificate, and substitute certificate. The
15 requirement of student teaching under close and competent
16 supervision for obtaining a teaching certificate may be
17 waived by the State Teacher Certification Board upon
18 presentation to the Board by the teacher of evidence of 5
19 years successful teaching experience on a valid certificate
20 and graduation from a recognized institution of higher
21 learning with a bachelor's degree with not less than 120
22 semester hours and a minimum of 16 semester hours in
23 professional education. A speech-language pathologist or
24 audiologist who has met the continuing education requirements
25 of the Illinois Speech-Language Pathology and Audiology
26 Practice Act and rules promulgated under that Act shall be
27 deemed to have satisfied the continuing professional
28 development requirements established by the State Board of
29 Education and the Teacher Certification Board to obtain an
30 Initial Teaching Certificate or to obtain or renew a Standard
31 Certificate or a Master Certificate.
32 (b) Initial Teaching Certificate. Beginning February
33 15, 2000, persons who (1) have completed an approved teacher
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1 preparation program, (2) are recommended by an approved
2 teacher preparation program, (3) have successfully completed
3 the Initial Teaching Certification examinations required by
4 the State Board of Education, and (4) have met all other
5 criteria established by the State Board of Education in
6 consultation with the State Teacher Certification Board,
7 shall be issued an Initial Teaching Certificate valid for 4
8 years of teaching, as defined in Section 21-14 of this Code.
9 Initial Teaching Certificates shall be issued for categories
10 corresponding to Early Childhood, Elementary, Secondary, and
11 Special K-12, with special certification designations for
12 Special Education, Bilingual Education, fundamental learning
13 areas (including Language Arts, Reading, Mathematics,
14 Science, Social Science, Physical Development and Health,
15 Fine Arts, and Foreign Language), and other areas designated
16 by the State Board of Education, in consultation with the
17 State Teacher Certification Board.
18 (c) Standard Certificate. Beginning February 15, 2000,
19 persons who (1) have completed 4 years of teaching, as
20 defined in Section 21-14 of this Code, with an Initial
21 Certificate or an Initial Alternative Teaching Certificate
22 and have met all other criteria established by the State
23 Board of Education in consultation with the State Teacher
24 Certification Board, (2) have completed 4 years of teaching
25 on a valid equivalent certificate in another State or
26 territory of the United States, or have completed 4 years of
27 teaching in a nonpublic Illinois elementary or secondary
28 school with an Initial Certificate or an Initial Alternative
29 Teaching Certificate, and have met all other criteria
30 established by the State Board of Education, in consultation
31 with the State Teacher Certification Board, or (3) were
32 issued teaching certificates prior to February 15, 2000 and
33 are renewing those certificates after February 15, 2000,
34 shall be issued a Standard Certificate valid for 5 years,
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1 which may be renewed thereafter every 5 years by the State
2 Teacher Certification Board based on proof of continuing
3 education or professional development. Beginning July 1,
4 2003, persons who have completed 4 years of teaching, as
5 described in clauses (1) and (2) of this subsection (c), have
6 successfully completed the Standard Teaching Certificate
7 Examinations, and have met all other criteria established by
8 the State Board of Education, in consultation with the State
9 Teacher Certification Board, shall be issued Standard
10 Certificates. Standard Certificates shall be issued for
11 categories corresponding to Early Childhood, Elementary,
12 Secondary, and Special K-12, with special certification
13 designations for Special Education, Bilingual Education,
14 fundamental learning areas (including Language Arts, Reading,
15 Mathematics, Science, Social Science, Physical Development
16 and Health, Fine Arts, and Foreign Language), and other areas
17 designated by the State Board of Education, in consultation
18 with the State Teacher Certification Board.
19 (d) Master Certificate. Beginning February 15, 2000,
20 persons who have successfully achieved National Board
21 certification through the National Board for Professional
22 Teaching Standards and speech-language pathologists or
23 audiologists who have been granted the Certificate of
24 Clinical Competence by the American Speech-Language Hearing
25 Association shall be issued a Master Certificate, valid for
26 10 years and renewable thereafter every 10 years through
27 compliance with requirements set forth by the State Board of
28 Education, in consultation with the State Teacher
29 Certification Board. However, each teacher who holds a Master
30 Certificate shall be eligible for a teaching position in this
31 State in the areas for which he or she holds a Master
32 Certificate without satisfying any other requirements of this
33 Code, except for those requirements pertaining to criminal
34 background checks. A teacher who holds a Master Certificate
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1 shall be deemed to meet State certification renewal
2 requirements in the area or areas for which he or she holds a
3 Master Certificate for the 10-year term of the teacher's
4 Master Certificate.
5 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98;
6 90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff.
7 8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.)
8 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
9 Sec. 21-14. Registration and renewal of certificates.
10 (a) A limited four-year certificate or a certificate
11 issued after July 1, 1955, shall be renewable at its
12 expiration or within 60 days thereafter by the county
13 superintendent of schools having supervision and control over
14 the school where the teacher is teaching upon certified
15 evidence of meeting the requirements for renewal as required
16 by this Act and prescribed by the State Board of Education in
17 consultation with the State Teacher Certification Board. An
18 elementary supervisory certificate shall not be renewed at
19 the end of the first four-year period covered by the
20 certificate unless the holder thereof has filed certified
21 evidence with the State Teacher Certification Board that he
22 has a master's degree or that he has earned 8 semester hours
23 of credit in the field of educational administration and
24 supervision in a recognized institution of higher learning.
25 The holder shall continue to earn 8 semester hours of credit
26 each four-year period until such time as he has earned a
27 master's degree.
28 All certificates not renewed or registered as herein
29 provided shall lapse after a period of 5 years from the
30 expiration of the last year of registration. Such
31 certificates may be reinstated for a one year period upon
32 payment of all accumulated registration fees. Such
33 reinstated certificates shall only be renewed: (1) by earning
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1 5 semester hours of credit in a recognized institution of
2 higher learning in the field of professional education or in
3 courses related to the holder's contractual teaching duties;
4 or (2) by presenting evidence of holding a valid regular
5 certificate of some other type. Any certificate may be
6 voluntarily surrendered by the certificate holder. A
7 voluntarily surrendered certificate shall be treated as a
8 revoked certificate.
9 (b) When those teaching certificates issued before
10 February 15, 2000 are renewed for the first time after
11 February 15, 2000, all such teaching certificates shall be
12 exchanged for Standard Teaching Certificates as provided in
13 subsection (c) of Section 21-2. All Initial and Standard
14 Teaching Certificates, including those issued to persons who
15 previously held teaching certificates issued before February
16 15, 2000, shall be renewable under the conditions set forth
17 in this subsection (b).
18 Initial Teaching Certificates are nonrenewable and are
19 valid for 4 years of teaching. Standard Teaching
20 Certificates are renewable every 5 years as provided in
21 subsection (c) of Section 21-2 and subsection (c) of this
22 Section. For purposes of this Section, "teaching" is defined
23 as employment and performance of services in an Illinois
24 public or State-operated elementary school, secondary school,
25 or cooperative or joint agreement with a governing body or
26 board of control, in a certificated teaching position, or a
27 charter school operating in compliance with the Charter
28 Schools Law.
29 (c) In compliance with subsection (c) of Section 21-2 of
30 this Code, which provides that a Standard Teaching
31 Certificate may be renewed by the State Teacher Certification
32 Board based upon proof of continuing professional
33 development, the State Board of Education and the State
34 Teacher Certification Board shall jointly:
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1 (1) establish a procedure for renewing Standard
2 Teaching Certificates, which shall include but not be
3 limited to annual timelines for the renewal process and
4 the components set forth in subsections (d) through (k)
5 of this Section;
6 (2) establish the standards for certificate
7 renewal;
8 (3) approve the providers of continuing
9 professional development activities;
10 (4) determine the maximum credit for each category
11 of continuing professional development activities, based
12 upon recommendations submitted by a continuing
13 professional development activity task force, which shall
14 consist of 6 staff members from the State Board of
15 Education, appointed by the State Superintendent of
16 Education, and 6 teacher representatives, 3 of whom are
17 selected by the Illinois Education Association and 3 of
18 whom are selected by the Illinois Federation of Teachers;
19 (5) designate the type and amount of documentation
20 required to show that continuing professional development
21 activities have been completed; and
22 (6) provide, on a timely basis to all Illinois
23 teachers, certificate holders, regional superintendents
24 of schools, school districts, and others with an interest
25 in continuing professional development, information about
26 the standards and requirements established pursuant to
27 this subsection (c).
28 (d) Any Standard Teaching Certificate held by an
29 individual employed and performing services in an Illinois
30 public or State-operated elementary school, secondary school,
31 or cooperative or joint agreement with a governing body or
32 board of control in a certificated teaching position or a
33 charter school in compliance with the Charter Schools Law
34 must be maintained Valid and Active through certificate
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1 renewal activities specified in the certificate renewal
2 procedure established pursuant to subsection (c) of this
3 Section, provided that a holder of a Valid and Active
4 certificate who is only employed on either a part-time basis
5 or day-to-day basis as a substitute teacher shall pay only
6 the required registration fee to renew his or her certificate
7 and maintain it as Valid and Active. All other Standard
8 Teaching Certificates held may be maintained as Valid and
9 Exempt through the registration process provided for in the
10 certificate renewal procedure established pursuant to
11 subsection (c) of this Section. A Valid and Exempt
12 certificate must be immediately activated, through procedures
13 developed jointly by the State Board of Education and the
14 State Teacher Certification Board, upon the certificate
15 holder becoming employed and performing services in an
16 Illinois public or State-operated elementary school,
17 secondary school, or cooperative or joint agreement with a
18 governing body or board of control in a certificated teaching
19 position or a charter school operating in compliance with the
20 Charter Schools Law. A holder of a Valid and Exempt
21 certificate may activate his or her certificate through
22 procedures provided for in the certificate renewal procedure
23 established pursuant to subsection (c) of this Section.
24 (e)(1) A Standard Teaching Certificate that has been
25 maintained as Valid and Active for the 5 years of the
26 certificate's validity shall be renewed as Valid and Active
27 upon the certificate holder: (i) completing at least 8
28 semester hours of coursework as described in subdivision (A)
29 of paragraph (3) of this subsection (e); (ii) earning at
30 least 24 continuing education units as described in
31 subdivision (B) of paragraph (3) of this subsection (e);
32 (iii) completing the National Board for Professional Teaching
33 Standards process as described in subdivision (C) of
34 paragraph (3) of this subsection (e); or (iv) earning 120
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1 continuing professional development units ("CPDU") as
2 described in subdivision (D) of paragraph (3) of this
3 subsection (e). The maximum continuing professional
4 development units for each continuing professional
5 development activity identified in subdivisions (E) through
6 (I) of paragraph (3) of this subsection (e) shall be jointly
7 determined by the State Board of Education and the State
8 Teacher Certification Board. If, however, the certificate
9 holder has maintained the certificate as Valid and Exempt for
10 a portion of the 5-year period of validity, the number of
11 continuing professional development units needed to renew the
12 certificate as Valid and Active shall be proportionately
13 reduced by the amount of time the certificate was Valid and
14 Exempt. Furthermore, if a certificate holder is employed and
15 performs teaching services on a part-time basis for all or a
16 portion of the certificate's 5-year period of validity, the
17 number of continuing professional development units needed to
18 renew the certificate as Valid and Active shall be reduced by
19 50% for the amount of time the certificate holder has been
20 employed and performed teaching services on a part-time
21 basis. Part-time shall be defined as less than 50% of the
22 school day or school term.
23 (2) Each Valid and Active Standard Teaching Certificate
24 holder shall develop a certificate renewal plan for
25 satisfying the continuing professional development
26 requirement provided for in subsection (c) of Section 21-2 of
27 this Code. Certificate holders with multiple certificates
28 shall develop a certificate renewal plan that addresses only
29 that certificate or those certificates that are required of
30 his or her certificated teaching position, if the certificate
31 holder is employed and performing services in an Illinois
32 public or State-operated elementary school, secondary school,
33 or cooperative or joint agreement with a governing body or
34 board of control, or that certificate or those certificates
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1 most closely related to his or her teaching position, if the
2 certificate holder is employed in a charter school. Except
3 as otherwise provided in this subsection (e), a certificate
4 renewal plan shall include a minimum of 3 individual
5 improvement goals developed by the certificate holder and
6 shall reflect purposes (A), (B), and (C) and may reflect
7 purpose (D) of the following continuing professional
8 development purposes:
9 (A) Advance both the certificate holder's knowledge
10 and skills as a teacher consistent with the Illinois
11 Professional Teaching Standards and the Illinois Content
12 Area Standards in the certificate holder's areas of
13 certification, endorsement, or teaching assignment in
14 order to keep the certificate holder current in those
15 areas.
16 (B) Develop the certificate holder's knowledge and
17 skills in areas determined to be critical for all
18 Illinois teachers, as defined by the State Board of
19 Education, known as "State priorities".
20 (C) Address the knowledge, skills, and goals of the
21 certificate holder's local school improvement plan, if
22 the teacher is employed in an Illinois public or
23 State-operated elementary school, secondary school, or
24 cooperative or joint agreement with a governing body or
25 board of control.
26 (D) Expand knowledge and skills in an additional
27 teaching field or toward the acquisition of another
28 teaching certificate, endorsement, or relevant education
29 degree.
30 A certificate renewal plan must include a description of how
31 these goals are to be achieved and an explanation of selected
32 continuing professional development activities to be
33 completed, each of which must meet one or more of the
34 continuing professional development purposes specified in
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1 this paragraph (2). The plan shall identify potential
2 activities and include projected timelines for those
3 activities that will assure completion of the plan before the
4 expiration of the 5-year validity of the Standard Teaching
5 Certificate. Except as otherwise provided in this subsection
6 (e), at least 50% of continuing professional development
7 units must relate to purposes (A) and (B) set forth in this
8 paragraph (2): the advancement of a certificate holder's
9 knowledge and skills as a teacher consistent with the
10 Illinois Professional Teaching Standards and the Illinois
11 Content Area Standards in the certificate holder's areas of
12 certification, endorsement, or teaching assignment in order
13 to keep the certificate holder current in those areas and the
14 development of a certificate holder's knowledge and skills in
15 the State priorities that exist at the time the certificate
16 renewal plan is developed.
17 (3) Continuing professional development activities
18 included in a certificate renewal plan may include, but are
19 not limited to, the following activities:
20 (A) at least 8 semester hours of coursework in an
21 approved education-related program, of which at least 2
22 semester hours relate to the continuing professional
23 development purpose set forth in purpose (A) of paragraph
24 (2) of this subsection (e), provided that such a plan
25 need not include any other continuing professional
26 development activities nor reflect or contain activities
27 related to the other continuing professional development
28 purposes set forth in paragraph (2) of this subsection
29 (e);
30 (B) continuing education units that satisfy the
31 continuing professional development purposes set forth in
32 paragraph (2) of this subsection (e), with each
33 continuing education unit equal to 5 clock hours,
34 provided that a plan that includes at least 24 continuing
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1 education units (or 120 clock/contact hours) need not
2 include any other continuing professional development
3 activities;
4 (C) completion of the National Board of
5 Professional Teaching Standards ("NBPTS") process,
6 provided that a plan that includes completion of the
7 NBPTS process need not include any other continuing
8 professional development activities nor reflect or
9 contain activities related to the continuing professional
10 development purposes set forth in paragraph (2) of
11 subsection (e) of this Section;
12 (D) completion of 120 continuing professional
13 development units that satisfy the continuing
14 professional development purposes set forth in paragraph
15 (2) of this subsection (e) and may include without
16 limitation the activities identified in subdivisions (E)
17 through (I) of this paragraph (3);
18 (E) collaboration and partnership activities
19 related to improving the teacher's knowledge and skills
20 as a teacher, including the following:
21 (i) participating on collaborative planning
22 and professional improvement teams and committees;
23 (ii) peer review and coaching;
24 (iii) mentoring in a formal mentoring program,
25 including service as a consulting teacher
26 participating in a remediation process formulated
27 under Section 24A-5 of this Code;
28 (iv) participating in site-based management or
29 decision making teams, relevant committees, boards,
30 or task forces directly related to school
31 improvement plans;
32 (v) coordinating community resources in
33 schools, if the project is a specific goal of the
34 school improvement plan;
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1 (vi) facilitating parent education programs
2 for a school, school district, or regional office of
3 education directly related to student achievement or
4 school improvement plans;
5 (vii) participating in business, school, or
6 community partnerships directly related to student
7 achievement or school improvement plans;
8 (viii) supervising a student teacher or
9 teacher education candidate in clinical supervision,
10 provided that the supervision may only be counted
11 once during the course of 5 years;
12 (F) college or university coursework related to
13 improving the teacher's knowledge and skills as a teacher
14 as follows:
15 (i) completing undergraduate or graduate
16 credit earned from a regionally accredited
17 institution in coursework relevant to the
18 certificate area being renewed, provided the
19 coursework meets Illinois Professional Teaching
20 Standards or Illinois Content Area Standards and
21 supports the essential characteristics of quality
22 professional development; or
23 (ii) teaching college or university courses in
24 areas relevant to the certificate area being
25 renewed, provided that the teaching may only be
26 counted once during the course of 5 years;
27 (G) conferences, workshops, institutes, seminars,
28 and symposiums related to improving the teacher's
29 knowledge and skills as a teacher, including the
30 following:
31 (i) completing non-university credit directly
32 related to student achievement, school improvement
33 plans, or State priorities;
34 (ii) participating in or presenting at
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1 workshops, seminars, conferences, institutes, and
2 symposiums;
3 (iii) training as external reviewers for
4 Quality Assurance;
5 (iv) training as reviewers of university
6 teacher preparation programs;
7 (H) other educational experiences related to
8 improving the teacher's knowledge and skills as a
9 teacher, including the following:
10 (i) participating in action research and
11 inquiry projects;
12 (ii) observing programs or teaching in
13 schools, related businesses, or industry that is
14 systematic, purposeful, and relevant to certificate
15 renewal;
16 (iii) traveling related to ones teaching
17 assignment, directly related to student achievement
18 or school improvement plans and approved at least 30
19 days prior to the travel experience, provided that
20 the traveling shall not include time spent commuting
21 to destinations where the learning experience will
22 occur;
23 (iv) participating in study groups related to
24 student achievement or school improvement plans;
25 (v) serving on a statewide education-related
26 committee, including but not limited to the State
27 Teacher Certification Board, State Board of
28 Education strategic agenda teams, or the State
29 Advisory Council on Education of Children with
30 Disabilities;
31 (vi) participating in work/learn programs or
32 internships; or
33 (I) professional leadership experiences related to
34 improving the teacher's knowledge and skills as a
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1 teacher, including the following:
2 (i) participating in curriculum development or
3 assessment activities at the school, school
4 district, regional office of education, State, or
5 national level;
6 (ii) participating in team or department
7 leadership in a school or school district;
8 (iii) participating on external or internal
9 school or school district review teams;
10 (iv) publishing educational articles, columns,
11 or books relevant to the certificate area being
12 renewed; or
13 (v) participating in non-strike related
14 professional association or labor organization
15 service or activities related to professional
16 development; or.
17 (J) for speech-language pathologists and
18 audiologists, completion of any continuing education
19 activities approved by the American Speech-Language
20 Hearing Association.
21 (4) A certificate renewal plan must initially be
22 approved by the certificate holder's local professional
23 development committee, as provided for in subsection (f) of
24 this Section. If the local professional development
25 committee does not approve the certificate renewal plan, the
26 certificate holder may appeal that determination to the
27 regional professional development review committee, as
28 provided for in paragraph (2) of subsection (g) of this
29 Section. If the regional professional development review
30 committee disagrees with the local professional development
31 committee's determination, the certificate renewal plan shall
32 be deemed approved and the certificate holder may begin
33 satisfying the continuing professional development activities
34 set forth in the plan. If the regional professional
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1 development review committee agrees with the local
2 professional development committee's determination, the
3 certificate renewal plan shall be deemed disapproved and
4 shall be returned to the certificate holder to develop a
5 revised certificate renewal plan. In all cases, the regional
6 professional development review committee shall immediately
7 notify both the local professional development committee and
8 the certificate holder of its determination.
9 (5) A certificate holder who wishes to modify the
10 continuing professional development activities or goals in
11 his or her certificate renewal plan must submit the proposed
12 modifications to his or her local professional development
13 committee for approval prior to engaging in the proposed
14 activities. If the local professional development committee
15 does not approve the proposed modification, the certificate
16 holder may appeal that determination to the regional
17 professional development review committee, as set forth in
18 paragraph (4) of this subsection (e).
19 (6) When a certificate holder changes assignments or
20 school districts during the course of completing a
21 certificate renewal plan, the professional development and
22 continuing education credit earned pursuant to the plan shall
23 transfer to the new assignment or school district and count
24 toward the total requirements. This certificate renewal plan
25 must be reviewed by the appropriate local professional
26 development committee and may be modified to reflect the
27 certificate holder's new work assignment or the school
28 improvement plan of the new school district or school
29 building.
30 (f) Notwithstanding any other provisions of this Code,
31 each school district, charter school, and cooperative or
32 joint agreement with a governing body or board of control
33 that employs certificated staff, shall establish and
34 implement, in conjunction with its exclusive representative,
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1 if any, one or more local professional development
2 committees, as set forth in this subsection (f), which shall
3 perform the following functions:
4 (1) review and approve certificate renewal plans
5 and any modifications made to these plans, including
6 transferred plans;
7 (2) maintain a file of approved certificate renewal
8 plans;
9 (3) monitor certificate holders' progress in
10 completing approved certificate renewal plans;
11 (4) assist in the development of professional
12 development plans based upon needs identified in
13 certificate renewal plans;
14 (5) determine whether certificate holders have met
15 the requirements of their certificate renewal plans and
16 notify certificate holders of its determination;
17 (6) provide a certificate holder with the
18 opportunity to address the committee when it has
19 determined that the certificate holder has not met the
20 requirements of his or her certificate renewal plan;
21 (7) issue and forward recommendations for renewal
22 or nonrenewal of certificate holders' Standard Teaching
23 Certificates to the appropriate regional superintendent
24 of schools, based upon whether certificate holders have
25 met the requirements of their approved certificate
26 renewal plans, with 30-day written notice of its
27 recommendation provided to the certificate holder prior
28 to forwarding the recommendation to the regional
29 superintendent of schools, provided that if the local
30 professional development committee's recommendation is
31 for certificate nonrenewal, the written notice provided
32 to the certificate holder shall include a return receipt;
33 and
34 (8) reconsider its recommendation of certificate
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1 nonrenewal, upon request of the certificate holder within
2 30 days of receipt of written notification that the local
3 professional development committee will make such a
4 recommendation, and forward to the regional
5 superintendent of schools its recommendation within 30
6 days of receipt of the certificate holder's request.
7 Each local professional development committee shall
8 consist of at least 3 classroom teachers; one superintendent
9 or chief administrator of the school district, charter
10 school, or cooperative or joint agreement or his or her
11 designee; and one at-large member who shall be either (i) a
12 parent, (ii) a member of the business community, (iii) a
13 community member, or (iv) an administrator, with preference
14 given to an individual chosen from among those persons listed
15 in items (i), (ii), and (iii) in order to secure
16 representation of an interest not already represented on the
17 committee. If mutually agreed upon by the school district,
18 charter school, or governing body or board of control of a
19 cooperative or joint agreement and its exclusive
20 representative, if any, additional members may be added to a
21 local professional development committee, provided that a
22 majority of members are classroom teachers. The school
23 district, charter school, or governing body or board of
24 control of a cooperative or joint agreement and its exclusive
25 representative, if any, shall determine the term of service
26 of the members of a local professional development committee.
27 All individuals selected to serve on local professional
28 development committees must be known to demonstrate the best
29 practices in teaching or their respective field of practice.
30 The exclusive representative, if any, shall select the
31 classroom teacher members of the local professional
32 development committee. If no exclusive representative
33 exists, then the classroom teacher members of a local
34 professional development committee shall be selected by the
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1 classroom teachers that come within the local professional
2 development committee's authority. The school district,
3 charter school, or governing body or board of control of a
4 cooperative or joint agreement shall select the 2
5 non-classroom teacher members (the superintendent or chief
6 administrator of the school district, charter school, or
7 cooperative or joint agreement or his or her designee and the
8 at-large member) of a local professional development
9 committee. Vacancies in positions on a local professional
10 development committee shall be filled in the same manner as
11 the original selections. The members of a local professional
12 development committee shall select a chairperson. Local
13 professional development committee meetings shall be
14 scheduled so as not to interfere with committee members'
15 regularly scheduled teaching duties, except when otherwise
16 permitted by the policies of or agreed to or approved by the
17 school district, charter school, or governing body or board
18 of control of a cooperative or joint agreement, or its
19 designee.
20 The board of education or governing board shall convene
21 the first meeting of the local professional development
22 committee. All actions taken by the local professional
23 development committee shall require that a majority of
24 committee members be present, and no committee action may be
25 taken unless 50% or more of those present are teacher
26 members.
27 The State Board of Education and the State Teacher
28 Certification Board shall jointly provide local professional
29 development committee members with a training manual, and the
30 members shall certify that they have received and read the
31 manual.
32 Notwithstanding any other provisions of this subsection
33 (f), for a teacher employed and performing services in a
34 nonpublic or State-operated elementary or secondary school,
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1 all references to a local professional development committee
2 shall mean the regional superintendent of schools of the
3 regional office of education for the geographic area where
4 the teaching is done.
5 (g)(1) Each regional superintendent of schools shall
6 review and concur or nonconcur with each recommendation for
7 renewal or nonrenewal of a Standard Teaching Certificate he
8 or she receives from a local professional development
9 committee or, if a certificate holder appeals the
10 recommendation to the regional professional development
11 review committee, the recommendation for renewal or
12 nonrenewal he or she receives from a regional professional
13 development review committee and, within 14 days of receipt
14 of the recommendation, shall provide the State Teacher
15 Certification Board with verification of the following, if
16 applicable:
17 (A) a certificate renewal plan was filed and
18 approved by the appropriate local professional
19 development committee;
20 (B) the professional development and continuing
21 education activities set forth in the approved
22 certificate renewal plan have been satisfactorily
23 completed;
24 (C) the local professional development committee
25 has recommended the renewal of the certificate holder's
26 Standard Teaching Certificate and forwarded the
27 recommendation, along with all supporting documentation
28 as jointly required by the State Board of Education and
29 the State Teacher Certification Board, to the regional
30 superintendent of schools;
31 (D) the certificate holder has appealed his or her
32 local professional development committee's recommendation
33 of nonrenewal to the regional professional development
34 review committee and the result of that appeal;
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1 (E) the regional superintendent of schools has
2 concurred or nonconcurred with the local professional
3 development committee's or regional professional
4 development review committee's recommendation to renew or
5 nonrenew the certificate holder's Standard Teaching
6 Certificate and made a recommendation to that effect; and
7 (F) the established registration fee for the
8 Standard Teaching Certificate has been paid.
9 At the same time the regional superintendent of schools
10 provides the State Teacher Certification Board with the
11 notice required by this subsection (g), he or she shall also
12 notify the certificate holder in writing that this notice has
13 been provided to the State Teacher Certification Board,
14 provided that if the notice provided by the regional
15 superintendent of schools to the State Teacher Certification
16 Board includes a recommendation of certificate nonrenewal,
17 the written notice provided to the certificate holder shall
18 be by certified mail, return receipt requested.
19 (2) Each certificate holder shall have the right to
20 appeal his or her local professional development committee's
21 recommendation of nonrenewal to the regional professional
22 development review committee, within 14 days of receipt of
23 notice that the recommendation has been sent to the regional
24 superintendent of schools. Each regional superintendent of
25 schools shall establish a regional professional development
26 review committee or committees for the purpose of advising
27 the regional superintendent of schools, upon request, and
28 handling certificate holder appeals. This committee shall
29 consist of at least 4 classroom teachers, one
30 non-administrative certificated educational employee, 2
31 administrators, and one at-large member who shall be either
32 (i) a parent, (ii) a member of the business community, (iii)
33 a community member, or (iv) an administrator, with preference
34 given to an individual chosen from among those persons listed
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1 in items (i), (ii), and (iii) in order to secure
2 representation of an interest not already represented on the
3 committee. The teacher and non-administrative certificated
4 educational employee members of the review committee shall be
5 selected by their exclusive representative, if any, and the
6 administrators and at-large member shall be selected by the
7 regional superintendent of schools. A regional
8 superintendent of schools may add additional members to the
9 committee, provided that the same proportion of teachers to
10 administrators and at-large members on the committee is
11 maintained. Any additional teacher and non-administrative
12 certificated educational employee members shall be selected
13 by their exclusive representative, if any. Vacancies in
14 positions on a regional professional development review
15 committee shall be filled in the same manner as the original
16 selections. Committee members shall serve staggered 3-year
17 terms. All individuals selected to serve on regional
18 professional development review committees must be known to
19 demonstrate the best practices in teaching or their
20 respective field of practice.
21 The exclusive representative responsible for choosing the
22 individuals that serve on a regional professional development
23 review committee shall notify each school district, charter
24 school, or governing body or board of control of a
25 cooperative or joint agreement employing the individuals
26 chosen to serve and provide their names to the appropriate
27 regional superintendent of schools. Regional professional
28 development review committee meetings shall be scheduled so
29 as not to interfere with the committee members' regularly
30 scheduled teaching duties, except when otherwise permitted by
31 the policies of or agreed to or approved by the school
32 district, charter school, or governing body or board of
33 control of a cooperative or joint agreement, or its designee,
34 provided that the school district, charter school, or
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1 governing body or board of control shall not unreasonably
2 withhold permission for a committee member to attend regional
3 professional development review committee meetings.
4 In a city having a population exceeding 500,000 that does
5 not have a regional office of education, one or more separate
6 regional professional development review committees shall be
7 established as mutually agreed upon by the board of education
8 of the school district organized under Article 34 of this
9 Code and the exclusive representative. The composition of
10 each committee shall be the same as for a regional
11 professional development review committee, except that
12 members of the committee shall be jointly appointed by the
13 board of education and the exclusive representative. All
14 other provisions of this Section concerning regional
15 professional development review committees shall apply to
16 these committees.
17 The regional professional development review committee
18 may require information in addition to that received from a
19 certificate holder's local professional development committee
20 or request that the certificate holder appear before it,
21 shall either concur or nonconcur with a local professional
22 development committee's recommendation of nonrenewal, and
23 shall forward to the regional superintendent of schools its
24 recommendation of renewal or nonrenewal. All actions taken
25 by the regional professional development review committee
26 shall require a quorum and be by a simple majority of those
27 present and voting. A record of all votes shall be
28 maintained. The committee shall have 45 days from receipt of
29 a certificate holder's appeal to make its recommendation to
30 the regional superintendent of schools.
31 The State Board of Education and the State Teacher
32 Certification Board shall jointly provide regional
33 professional development review committee members with a
34 training manual, and the members shall be required to attend
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1 one training seminar sponsored jointly by the State Board of
2 Education and the State Teacher Certification Board.
3 (h)(1) The State Teacher Certification Board shall
4 review the regional superintendent of schools'
5 recommendations to renew or nonrenew Standard Teaching
6 Certificates and notify certificate holders in writing
7 whether their certificates have been renewed or nonrenewed
8 within 90 days of receipt of the recommendations, unless a
9 certificate holder has appealed a regional superintendent of
10 schools' recommendation of nonrenewal, as provided in
11 paragraph (2) of this subsection (h). The State Teacher
12 Certification Board shall verify that the certificate holder
13 has met the renewal criteria set forth in paragraph (1) of
14 subsection (g) of this Section.
15 (2) Each certificate holder shall have the right to
16 appeal a regional superintendent of school's recommendation
17 to nonrenew his or her Standard Teaching Certificate to the
18 State Teacher Certification Board, within 14 days of receipt
19 of notice that the decision has been sent to the State
20 Teacher Certification Board, which shall hold an appeal
21 hearing within 60 days of receipt of the appeal. When such
22 an appeal is taken, the certificate holder's Standard
23 Teaching Certificate shall continue to be valid until the
24 appeal is finally determined. The State Teacher
25 Certification Board shall review the regional superintendent
26 of school's recommendation, the regional professional
27 development review committee's recommendation, if any, and
28 the local professional development committee's recommendation
29 and all relevant documentation to verify whether the
30 certificate holder has met the renewal criteria set forth in
31 paragraph (1) of subsection (g) of this Section. The State
32 Teacher Certification Board may request that the certificate
33 holder appear before it. All actions taken by the State
34 Teacher Certification Board shall require a quorum and be by
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1 a simple majority of those present and voting. A record of
2 all votes shall be maintained. The State Teacher
3 Certification Board shall notify the certificate holder in
4 writing, within 7 days of completing the review, whether his
5 or her Standard Teaching Certificate has been renewed or
6 nonrenewed, provided that if the State Teacher Certification
7 Board determines to nonrenew a certificate, the written
8 notice provided to the certificate holder shall be by
9 certified mail, return receipt requested. All certificate
10 renewal or nonrenewal decisions of the State Teacher
11 Certification Board are final and subject to administrative
12 review, as set forth in Section 21-24 of this Code.
13 (i) Holders of Master Teaching Certificates shall meet
14 the same requirements and follow the same procedures as
15 holders of Standard Teaching Certificates, except that their
16 renewal cycle shall be as set forth in subsection (d) of
17 Section 21-2 of 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 an appropriately trained person if such service
8 is performed under the supervision and full
9 responsibility of a licensed speech-language pathologist.
10 A speech language pathology assistant may perform only
11 those duties authorized by Section 8.7 under the
12 supervision of a speech-language pathologist as provided
13 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. Before
13 January 1, 2004, however, any person holding a bachelor's
14 degree in communication disorders may perform the functions
15 and duties of a speech-language pathology assistant without
16 obtaining a license.
17 (Source: P.A. 90-69, eff. 7-8-97.)
18 (225 ILCS 110/8) (from Ch. 111, par. 7908)
19 Sec. 8. Qualifications for licenses to practice
20 speech-language pathology or audiology. The Department shall
21 require that each applicant for a license to practice
22 speech-language pathology or audiology shall:
23 (a) (Blank);
24 (b) be at least 21 years of age;
25 (c) not have violated any provisions of Section 16
26 of this Act;
27 (d) present satisfactory evidence of receiving a
28 master's degree in speech-language pathology or audiology
29 from a program approved by the Department. Nothing in
30 this Act shall be construed to prevent any program from
31 establishing higher standards than specified in this Act;
32 (e) pass an examination authorized by the
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1 Department in the theory and practice of the profession,
2 provided that the Department may recognize a certificate
3 granted by the American Speech-Language-Hearing
4 Association in lieu of such examination; and
5 (f) have completed the equivalent of 9 months of
6 full-time, supervised professional experience.
7 Applicants have 3 years from the date of application to
8 complete the application process. If the process has not been
9 completed within 3 years, the application shall be denied,
10 the fee shall be forfeited, and the applicant must reapply
11 and meet the requirements in effect at the time of
12 reapplication.
13 (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.)
14 (225 ILCS 110/8.5 new)
15 Sec. 8.5. Qualifications for licenses as a
16 speech-language pathology assistant. A person is qualified
17 to be licensed as a speech-language pathology assistant if
18 that person has applied in writing on forms prescribed by the
19 Department, has paid the required fees, and meets both of the
20 following criteria:
21 (1) Is of good moral character. In determining
22 moral character, the Department may take into
23 consideration any felony conviction of the applicant, but
24 such a conviction shall not operate automatically as a
25 complete bar to licensure.
26 (2) Has received an associate degree from a
27 speech-language pathology assistant program that has been
28 approved by the Department and that meets the minimum
29 requirements set forth in Section 8.6.
30 (225 ILCS 110/8.6 new)
31 Sec. 8.6. Minimum Requirements for Speech-language
32 pathology assistant programs.
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1 (a) An applicant for licensure as a speech-language
2 pathology assistant must have earned 60 semester credit hours
3 in a program of study that includes general education and the
4 specific knowledge and skills for a speech-language pathology
5 assistant. The curriculum of a speech-language pathology
6 assistant program must include all of the following content,
7 as further provided by rule promulgated by the Department:
8 (1) Thirty-six semester credit hours in general
9 education.
10 (2) Twenty-four semester credit hours in technical
11 content areas designed to provide students with knowledge
12 and skills required for speech-language pathology
13 assistants, which must include (i) an overview of normal
14 processes of communication; (ii) an overview of
15 communication disorders; (iii) instruction in
16 speech-language pathology assistant-level service
17 delivery practices; (iv) instruction in workplace
18 behaviors; (v) cultural and linguistic factors in
19 communication; and (vi) observation.
20 (3) Completion of at least 100 hours of supervised
21 field work experiences supervised by a licensed
22 speech-language pathologist at least 50% of the time when
23 the student is engaged in contact with the patient or
24 client. An applicant must obtain written verification
25 demonstrating successful completion of the required field
26 work experience, including a description of the setting
27 in which the training was received and an assessment of
28 the student's technical proficiency.
29 (b) The Department may promulgate rules that change the
30 curriculum requirements of subsection (a) in order to reflect
31 the guidelines for speech-language pathology assistant
32 programs recommended by the American Speech-Language Hearing
33 Association.
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1 (225 ILCS 110/8.7 new)
2 Sec. 8.7. Duties of speech-language pathology
3 assistants.
4 (a) The scope of responsibility of speech-language
5 pathology assistants shall be limited to supplementing the
6 role of a speech-language pathologist in implementing the
7 treatment program established by the speech-language
8 pathologist. The functions and duties of a speech-language
9 pathology assistant shall be:
10 (1) conducting speech-language screening, without
11 interpretation, and using screening protocols developed
12 by the supervising speech-language pathologist;
13 (2) providing direct treatment assistance to
14 patients or clients, if authorized by and under the
15 supervision of a speech-language pathologist;
16 (3) following and implementing documented treatment
17 plans or protocols developed by a supervising
18 speech-language pathologist;
19 (4) documenting patient or client progress toward
20 meeting established objectives and reporting the
21 information to a supervising speech-language pathologist;
22 (5) assisting a speech-language pathologist during
23 assessments, including, but not limited to, assisting
24 with formal documentation, preparing materials, and
25 performing clerical duties for a supervising
26 speech-language pathologist;
27 (6) acting as an interpreter for non-English
28 speaking patients or clients and their family members
29 when competent to do so;
30 (7) scheduling activities and preparing charts,
31 records, graphs, and data;
32 (8) performing checks and maintenance of equipment,
33 including, but not limited to, augmentative communication
34 devices; and
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1 (9) assisting with speech-language pathology
2 research projects, in-service training, and family or
3 community education;
4 (b) A speech-language pathology assistant may not:
5 (1) perform standardized or nonstandardized
6 diagnostic tests or formal or informal evaluations or
7 interpret test results;
8 (2) screen or diagnose patients or clients for
9 feeding or swallowing disorders;
10 (3) participate in parent conferences, case
11 conferences, or any interdisciplinary team without the
12 presence of the supervising speech-language pathologist;
13 (4) provide patient or client or family counseling;
14 (5) write, develop, or modify a patient's or
15 client's individualized treatment plan;
16 (6) assist with patients or clients without
17 following the individualized treatment plan prepared by
18 the supervising speech-language pathologist;
19 (7) sign any formal documents such as treatment
20 plans, reimbursement forms, or reports;
21 (8) select patients or clients for services;
22 (9) discharge a patient or client from services;
23 (10) disclose clinical or confidential information,
24 either orally or in writing, to anyone other than the
25 supervising speech-language pathologist;
26 (11) make referrals for additional services;
27 (12) counsel or consult with the patient or client,
28 family, or others regarding the patient's or client's
29 status or service;
30 (13) represent himself or herself to be a
31 speech-language pathologist;
32 (14) use a checklist or tabulate results of feeding
33 or swallowing evaluations; or
34 (15) demonstrate swallowing strategies or
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1 precautions to patients, family, or staff.
2 (225 ILCS 110/8.8 new)
3 Sec. 8.8. Supervision of speech-language pathology
4 assistants.
5 (a) A speech-language pathology assistant shall practice
6 only under the supervision of a speech-language pathologist
7 who has at least 2 years experience in addition to the
8 supervised professional experience required under subsection
9 (f) of Section 8 of this Act. A speech-language pathologist
10 who supervises a speech-language pathology assistant must
11 have completed at least 10 clock hours of training in the
12 supervision of speech-language pathology assistants. The
13 Department shall promulgate rules describing the supervision
14 training requirements. The rules may allow a speech-language
15 pathologist to apply to the Board for an exemption from this
16 training requirement based upon prior supervisory experience.
17 (b) A speech-language pathology assistant must be under
18 the direct supervision of a speech-language pathologist at
19 least 30% of the speech-language pathology assistant's actual
20 patient or client contact time per patient or client during
21 the first 90 days of initial employment as a speech-language
22 pathology assistant. Thereafter, a speech-language pathology
23 assistant must be under the direct supervision of a
24 speech-language pathologist at least 20% of the
25 speech-language pathology assistant's actual patient or
26 client contact time per patient or client. Supervision of a
27 speech-language pathology assistant beyond the minimum
28 requirements of this subsection may be imposed at the
29 discretion of the supervising speech-language pathologist.
30 A supervising speech-language pathologist must be available
31 to communicate with a speech-language pathology assistant
32 whenever the assistant is in contact with a patient or
33 client.
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1 (c) A speech-language pathologist that supervises a
2 speech-language pathology assistant must document direct
3 supervision activities. At a minimum, supervision
4 documentation must provide (i) information regarding the
5 quality of the speech-language pathology assistant's
6 performance of assigned duties, and (ii) verification that
7 clinical activity is limited to duties specified in Section
8 8.7.
9 (d) A full-time speech-language pathologist may
10 supervise no more than 2 speech-language pathology
11 assistants. A speech-language pathologist that does not work
12 full-time may supervise no more than one speech-language
13 pathology assistant.
14 (e) For purposes of this Section, "direct supervision"
15 means on-site, in-view observation and guidance by a
16 speech-language pathologist while an assigned activity is
17 performed by the speech-language pathology assistant.
18 (225 ILCS 110/10) (from Ch. 111, par. 7910)
19 Sec. 10. List of Speech-Language Pathologists and
20 Audiologists. The Department shall maintain a list of the
21 names and addresses of the speech-language pathologists,
22 speech-language pathology assistants, and audiologists. Such
23 lists shall also be mailed by the Department to any person
24 upon request and payment of the required fee.
25 (Source: P.A. 85-1391.)
26 (225 ILCS 110/11) (from Ch. 111, par. 7911)
27 Sec. 11. Expiration, renewal and restoration of
28 licenses.
29 (a) The expiration date and renewal period for each
30 license issued under this Act shall be set by rule. A
31 speech-language pathologist, speech-language pathology
32 assistant, or audiologist may renew such license during the
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1 month preceding the expiration date thereof by paying the
2 required fee.
3 (a-5) All renewal applicants shall provide proof of
4 having met the continuing education requirements set forth in
5 the rules of the Department. At a minimum, the rules shall
6 require a renewal applicant for licensure as a
7 speech-language pathologist or audiologist to provide proof
8 of completing at least 20 clock hours of continuing education
9 during the 2-year licensing cycle for which he or she is
10 currently licensed. An audiologist who has met the continuing
11 education requirements of the Hearing Instrument Consumer
12 Protection Act during an equivalent licensing cycle under
13 this Act shall be deemed to have met the continuing education
14 requirements of this Act. At a minimum, the rules shall
15 require a renewal applicant for licensure as a
16 speech-language pathology assistant to provide proof of
17 completing at least 10 clock hours of continuing education
18 during the 2-year period for which he or she currently holds
19 a license. The Department shall provide by rule for an
20 orderly process for the reinstatement of licenses that have
21 not been renewed for failure to meet the continuing education
22 requirements. The continuing education requirements may be
23 waived in cases of extreme hardship as defined by rule of the
24 Department.
25 The Department shall establish by rule a means for the
26 verification of completion of the continuing education
27 required by this Section. This verification may be
28 accomplished through audits of records maintained by
29 licensees, by requiring the filing of continuing education
30 certificates with the Department, or by other means
31 established by the Department.
32 (b) Inactive status.
33 (1) Any licensee who notifies the Department in
34 writing on forms prescribed by the Department may elect
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1 to place his or her license on an inactive status and
2 shall, subject to rules of the Department, be excused
3 from payment of renewal fees until he or she notifies the
4 Department in writing of his or her desire to resume
5 active status.
6 (2) Any licensee requesting restoration from
7 inactive status shall be required to (i) pay the current
8 renewal fee; and (ii) demonstrate that he or she has
9 obtained the equivalent of 20 hours of continuing
10 education if the licensee has been inactive for 5 years
11 or more.
12 (3) Any licensee whose license is in an inactive
13 status shall not practice in the State of Illinois
14 without first restoring his or her license.
15 (4) Any licensee who shall engage in the practice
16 while the license is lapsed or inactive shall be
17 considered to be practicing without a license which shall
18 be grounds for discipline under Section 16 of this Act.
19 (c) Any speech-language pathologist, speech-language
20 pathology assistant, or audiologist whose license has expired
21 may have his or her license restored at any time within 5
22 years after the expiration thereof, upon payment of the
23 required fee.
24 (d) Any person whose license has been expired for 5
25 years or more may have his or her license restored by making
26 application to the Department and filing proof acceptable to
27 the Department of his or her fitness to have his or her
28 license restored, including sworn evidence certifying to
29 active lawful practice in another jurisdiction, and by paying
30 the required restoration fee. A person practicing on an
31 expired license is deemed to be practicing without a license.
32 (e) If a person whose license has expired has not
33 maintained active practice in another jurisdiction, the
34 Department shall determine, by an evaluation process
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1 established by rule, his or her fitness to resume active
2 status and may require the person to complete a period of
3 evaluated clinical experience, and may require successful
4 completion of an examination.
5 (f) Any person whose license has expired while he or she
6 has been engaged (1) in federal or State service on active
7 duty, or (2) in training or education under the supervision
8 of the United States preliminary to induction into the
9 military service, may have his or her license restored
10 without paying any lapsed renewal or restoration fee, if
11 within 2 years after termination of such service, training or
12 education he or she furnishes the Department with
13 satisfactory proof that he or she has been so engaged and
14 that his or her service, training or education has been so
15 terminated.
16 (Source: P.A. 90-69, eff. 7-8-97.)
17 (225 ILCS 110/13) (from Ch. 111, par. 7913)
18 Sec. 13. Licensing applicants from other States.
19 Upon payment of the required fee, an applicant who is a
20 speech-language pathologist, speech-language pathology
21 assistant, or audiologist licensed under the laws of another
22 state or territory of the United States, shall without
23 examination be granted a license as a speech-language
24 pathologist, speech-language pathology assistant, or
25 audiologist by the Department:
26 (a) whenever the requirements of such state or territory
27 of the United States were at the date of licensure
28 substantially equal to the requirements then in force in this
29 State; or
30 (b) whenever such requirements of another state or
31 territory of the United States together with educational and
32 professional qualifications, as distinguished from practical
33 experience, of the applicant since obtaining a license as
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1 speech-language pathologist, speech-language pathology
2 assistant, or audiologist in such state or territory of the
3 United States are substantially equal to the requirements in
4 force in Illinois at the time of application for licensure as
5 a speech-language pathologist, speech-language pathology
6 assistant, or audiologist.
7 Applicants have 3 years from the date of application to
8 complete the application process. If the process has not been
9 completed within 3 years, the application shall be denied,
10 the fee shall be forfeited, and the applicant must reapply
11 and meet the requirements in effect at the time of
12 reapplication.
13 (Source: P.A. 90-69, eff. 7-8-97.)
14 (225 ILCS 110/16) (from Ch. 111, par. 7916)
15 Sec. 16. Refusal, revocation or suspension of licenses.
16 (1) The Department may refuse to issue or renew, or may
17 revoke, suspend, place on probation, censure, reprimand or
18 take other disciplinary action as the Department may deem
19 proper, including fines not to exceed $5,000 for each
20 violation, with regard to any license for any one or
21 combination of the following causes:
22 (a) Fraud in procuring the license.
23 (b) Habitual intoxication or addiction to the use
24 of drugs.
25 (c) Willful or repeated violations of the rules of
26 the Department of Public Health.
27 (d) Division of fees or agreeing to split or divide
28 the fees received for speech-language pathology or
29 audiology services with any person for referring an
30 individual, or assisting in the care or treatment of an
31 individual, without the knowledge of the individual or
32 his or her legal representative.
33 (e) Employing, procuring, inducing, aiding or
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1 abetting a person not licensed as a speech-language
2 pathologist or audiologist to engage in the unauthorized
3 practice of speech-language pathology or audiology.
4 (e-5) Employing, procuring, inducing, aiding, or
5 abetting a person not licensed as a speech-language
6 pathology assistant to perform the functions and duties
7 of a speech-language pathology assistant.
8 (f) Making any misrepresentations or false
9 promises, directly or indirectly, to influence, persuade
10 or induce patronage.
11 (g) Professional connection or association with, or
12 lending his or her name to another for the illegal
13 practice of speech-language pathology or audiology by
14 another, or professional connection or association with
15 any person, firm or corporation holding itself out in any
16 manner contrary to this Act.
17 (h) Obtaining or seeking to obtain checks, money,
18 or any other things of value by false or fraudulent
19 representations, including but not limited to, engaging
20 in such fraudulent practice to defraud the medical
21 assistance program of the Department of Public Aid.
22 (i) Practicing under a name other than his or her
23 own.
24 (j) Improper, unprofessional or dishonorable
25 conduct of a character likely to deceive, defraud or harm
26 the public.
27 (k) Conviction in this or another state of any
28 crime which is a felony under the laws of this State or
29 conviction of a felony in a federal court, if the
30 Department determines, after investigation, that such
31 person has not been sufficiently rehabilitated to warrant
32 the public trust.
33 (1) Permitting a person under his or her
34 supervision to perform any function not authorized by
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1 this Act.
2 (m) A violation of any provision of this Act or
3 rules promulgated thereunder.
4 (n) Revocation by another state, the District of
5 Columbia, territory, or foreign nation of a license to
6 practice speech-language pathology or audiology or a
7 license to practice as a speech-language pathology
8 assistant in its jurisdiction if at least one of the
9 grounds for that revocation is the same as or the
10 equivalent of one of the grounds for revocation set forth
11 herein.
12 (o) Willfully failing to report an instance of
13 suspected child abuse or neglect as required by the
14 Abused and Neglected Child Reporting Act.
15 (p) Gross or repeated malpractice resulting in
16 injury or death of an individual.
17 (q) Willfully making or filing false records or
18 reports in his or her practice as a speech-language
19 pathologist, speech-language pathology assistant, or
20 audiologist, including, but not limited to, false records
21 to support claims against the public assistance program
22 of the Illinois Department of Public Aid.
23 (r) Professional incompetence as manifested by poor
24 standards of care or mental incompetence as declared by a
25 court of competent jurisdiction.
26 (s) Repeated irregularities in billing a third
27 party for services rendered to an individual. For
28 purposes of this Section, "irregularities in billing"
29 shall include:
30 (i) reporting excessive charges for the
31 purpose of obtaining a total payment in excess of
32 that usually received by the speech-language
33 pathologist, speech-language pathology assistant, or
34 audiologist for the services rendered;
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1 (ii) reporting charges for services not
2 rendered; or
3 (iii) incorrectly reporting services rendered
4 for the purpose of obtaining payment not earned.
5 (t) (Blank).
6 (u) Violation of the Health Care Worker
7 Self-Referral Act.
8 (v) Physical illness, including but not limited to
9 deterioration through the aging process or loss of motor
10 skill, mental illness, or disability that results in the
11 inability to practice the profession with reasonable
12 judgment, skill, or safety.
13 (w) Violation of the Hearing Instrument Consumer
14 Protection Act.
15 (x) Failure by a speech-language pathology assistant
16 and supervising speech-language pathologist to comply
17 with the supervision requirements set forth in Section
18 8.8.
19 (y) Wilfully exceeding the scope of duties
20 customarily undertaken by speech-language pathology
21 assistants set forth in Section 8.7 that results in, or
22 may result in, harm to the public.
23 (2) The Department shall deny a license or renewal
24 authorized by this Act to any person who has defaulted on an
25 educational loan guaranteed by the Illinois State Scholarship
26 Commission; however, the Department may issue a license or
27 renewal if the aforementioned persons have established a
28 satisfactory repayment record as determined by the Illinois
29 State Scholarship Commission.
30 (3) The entry of an order by a circuit court
31 establishing that any person holding a license under this Act
32 is subject to involuntary admission or judicial admission as
33 provided for in the Mental Health and Developmental
34 Disabilities Code, operates as an automatic suspension of
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1 that license. That person may have his or her license
2 restored only upon the determination by a circuit court that
3 the patient is no longer subject to involuntary admission or
4 judicial admission and the issuance of an order so finding
5 and discharging the patient, and upon the Board's
6 recommendation to the Department that the license be
7 restored. Where the circumstances so indicate, the Board may
8 recommend to the Department that it require an examination
9 prior to restoring any license automatically suspended under
10 this subsection.
11 (4) The Department may refuse to issue or may suspend
12 the license of any person who fails to file a return, or to
13 pay the tax, penalty, or interest shown in a filed return, or
14 to pay any final assessment of the tax penalty or interest,
15 as 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
19 of 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
23 the Department. The examining physicians or clinical
24 psychologists shall be those specifically designated by the
25 Board. The individual to be examined may have, at his or her
26 own expense, another physician or clinical psychologist of
27 his or her choice present during all aspects of this
28 examination. Failure of any individual to submit to a mental
29 or physical examination, when directed, shall be grounds for
30 suspension of his or her license until the individual submits
31 to the examination if the Board finds, after notice and
32 hearing, that the refusal to submit to the examination was
33 without reasonable cause.
34 If the Board finds an individual unable to practice
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1 because of the reasons set forth in this Section, the Board
2 may require that individual to submit to care, counseling, or
3 treatment by physicians or clinical psychologists approved or
4 designated by the Board, as a condition, term, or restriction
5 for continued, reinstated, or renewed licensure to practice;
6 or, in lieu of care, counseling, or treatment, the Board may
7 recommend to the Department to file a complaint to
8 immediately suspend, revoke, or otherwise discipline the
9 license of the individual. Any individual whose license was
10 granted, continued, reinstated, renewed, disciplined or
11 supervised subject to such terms, conditions, or
12 restrictions, and who fails to comply with such terms,
13 conditions, or restrictions, shall be referred to the
14 Director for a determination as to whether the individual
15 shall have his or her license suspended immediately, pending
16 a hearing by the Board.
17 In instances in which the Director immediately suspends a
18 person's license under this Section, a hearing on that
19 person's license must be convened by the Board within 15 days
20 after the suspension and completed without appreciable delay.
21 The Board shall have the authority to review the subject
22 individual's record of treatment and counseling regarding the
23 impairment to the extent permitted by applicable federal
24 statutes and regulations safeguarding the confidentiality of
25 medical records.
26 An individual licensed under this Act and affected under
27 this Section shall be afforded an opportunity to demonstrate
28 to the Board that he or she can resume practice in compliance
29 with acceptable and prevailing standards under the provisions
30 of his or her license.
31 (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.)
32 (225 ILCS 110/16.5)
33 Sec. 16.5. Advertising. A person licensed under this Act
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1 as a speech-language pathologist or audiologist may advertise
2 the availability of professional services in the public media
3 or on the premises where such professional services are
4 rendered as permitted by law, provided the advertising is
5 truthful and not misleading or deceptive. The Department may
6 adopt rules consistent with this Section.
7 (Source: P.A. 90-69, eff. 7-8-97.)
8 (225 ILCS 110/18) (from Ch. 111, par. 7918)
9 Sec. 18. Disciplinary actions.
10 (a) In case the licensee, after receiving notice, fails
11 to file an answer, his or her license may, in the discretion
12 of the Director, having first received the recommendation of
13 the Board, be suspended, revoked, placed on probationary
14 status or the Director may take whatever disciplinary action
15 he or she may deem proper, including limiting the scope,
16 nature, or extent of the person's practice or the imposition
17 of a fine, without a hearing, if the act or acts charged
18 constitute sufficient grounds for such action under this Act.
19 (b) The Director may temporarily suspend the license of
20 a speech-language pathologist, speech-language pathology
21 assistant, or audiologist without a hearing, simultaneous to
22 the institution of proceedings for a hearing under this Act,
23 if the Director finds that evidence in his or her possession
24 indicates that a speech-language pathologist's,
25 speech-language pathology assistant's, or an audiologist's
26 continuation in practice would constitute an immediate danger
27 to the public. In the event that the Director temporarily
28 suspends the license of a speech-language pathologist,
29 speech-language pathology assistant, or audiologist without a
30 hearing, a hearing by the Board must be held within 15 days
31 after such suspension has occurred and concluded without
32 appreciable delay.
33 (Source: P.A. 90-69, eff. 7-8-97.)
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1 (225 ILCS 110/26) (from Ch. 111, par. 7926)
2 Sec. 26. Confidential Information - Disclosure. In all
3 hearings conducted under this Act, information received,
4 pursuant to law, relating to any information acquired by a
5 speech-language pathologist, speech-language pathology
6 assistant, or audiologist in serving any individual in a
7 professional capacity, and necessary to professionally serve
8 such individual, shall be deemed strictly confidential and
9 shall only be made available, either as part of the record of
10 a hearing hereunder or otherwise;
11 (a) when such record is required, in its entirety, for
12 purposes of judicial review pursuant to this Act; or
13 (b) upon the express, written consent of the individual
14 served, or in the case of his or her death or disability, the
15 consent of his or her personal representative.
16 (Source: P.A. 85-1391.)
17 (225 ILCS 110/27) (from Ch. 111, par. 7927)
18 Sec. 27. Reports of Violations. Any person licensed
19 under this Act, or any other person, may report to the
20 Department any information such person may have which appears
21 to show that a speech-language pathologist, speech-language
22 pathology assistant, or audiologist is or may be in violation
23 of any of the provisions of this Act.
24 (Source: P.A. 85-1391.)
25 (225 ILCS 110/28) (from Ch. 111, par. 7928)
26 Sec. 28. Injunction. The practice of speech-language
27 pathology or audiology by any person not holding a valid and
28 current license under this Act or a person performing the
29 functions and duties of a speech-language pathology assistant
30 without a valid and current license under this Act, is
31 declared to be inimical to the public welfare, to constitute
32 a public nuisance, and to cause irreparable harm to the
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1 public welfare. The Director, the Attorney General, the
2 State's attorney of any county in the State or any person may
3 maintain an action in the name of the People of the State of
4 Illinois, and may apply for an injunction in any circuit
5 court to enjoin any such person from engaging in such
6 practice. Upon the filing of a verified petition in such
7 court, the court or any judge thereof, if satisfied by
8 affidavit, or otherwise, that such person has been engaged in
9 such practice without a valid and current license, may issue
10 a temporary injunction without notice or bond, enjoining the
11 defendant from any such further practice. Only the showing of
12 nonlicensure, by affidavit or otherwise, is necessary in
13 order for a temporary injunction to issue. A copy of the
14 verified complaint shall be served upon the defendant and the
15 proceedings shall thereafter be conducted as in other civil
16 cases except as modified by this Section. If it is
17 established that the defendant has been, or is engaged in any
18 such unlawful practice, the court, or any judge thereof, may
19 enter an order or judgment perpetually enjoining the
20 defendant from further such practice. In all proceedings
21 hereunder, the court, in its discretion, may apportion the
22 costs among the parties interested in the suit, including
23 cost of filing the complaint, service of process, witness
24 fees and expenses, court reporter charges and reasonable
25 attorneys' fees. In case of violation of any injunction
26 issued under the provisions of this Section, the court or any
27 judge thereof may summarily try and punish the offender for
28 contempt of court. Such injunction proceedings shall be in
29 addition to, and not in lieu of, all penalties and other
30 remedies provided in this Act.
31 (Source: P.A. 90-69, eff. 7-8-97.)
32 (225 ILCS 110/29) (from Ch. 111, par. 7929)
33 Sec. 29. Penalty of unlawful practice - second and
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1 subsequent offenses. Any person who practices or offers to
2 practice speech-language pathology or audiology or performs
3 the functions and duties of a speech-language pathology
4 assistant in this State without being licensed for that
5 purpose, or whose license has been suspended or revoked, or
6 who violates any of the provisions of this Act, for which no
7 specific penalty has been provided herein, is guilty of a
8 Class A misdemeanor.
9 Any person who has been previously convicted under any of
10 the provisions of this Act and who subsequently violates any
11 of the provisions of this Act is guilty of a Class 4 felony.
12 In addition, whenever any person is punished as a subsequent
13 offender under this Section, the Director shall proceed to
14 obtain a permanent injunction against such person under
15 Section 29 of this Act.
16 (Source: P.A. 85-1391.)
17 (225 ILCS 110/29.5)
18 Sec. 29.5. Unlicensed practice; civil penalty.
19 (a) Any person who practices, offers to practice,
20 attempts to practice, or holds oneself out to practice
21 speech-language pathology or audiology or performs the
22 functions and duties of a speech-language pathology assistant
23 without being licensed under this Act shall, in addition to
24 any other penalty provided by law, pay a civil penalty to the
25 Department in an amount not to exceed $5,000 for each offense
26 as determined by the Department. The civil penalty shall be
27 assessed by the Department after a hearing is held in
28 accordance with the provisions set forth in this Act
29 regarding the provision of a hearing for the discipline of a
30 licensee.
31 (b) The Department has the authority and power to
32 investigate any and all unlicensed activity.
33 (c) The civil penalty shall be paid within 60 days after
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1 the effective date of the order imposing the civil penalty.
2 The order shall constitute a judgment and may be filed and
3 execution had thereon in the same manner as any judgment from
4 any court of record.
5 (Source: P.A. 90-69, eff. 7-8-97.)
6 (225 ILCS 110/31a)
7 Sec. 31a. Advertising services. A speech-language
8 pathologist or audiologist licensee shall include in every
9 advertisement for services regulated under this Act his or
10 her title as it appears on the license or the initials
11 authorized under this Act.
12 (Source: P.A. 91-310, eff. 1-1-00.)