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92_HB1356enr
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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 Section 21-14 and adding Sections 14-1.09b, 14-1.09c, and
6 14-6.03 as follows:
7 (105 ILCS 5/14-1.09b new)
8 Sec. 14-1.09b. Speech-language pathologist. For
9 purposes of supervision of a speech-language pathology
10 assistant, "speech-language pathologist" means a person who
11 has received a license pursuant to the Illinois
12 Speech-Language Pathology and Audiology Practice Act to
13 engage in the practice of speech-language pathology.
14 (105 ILCS 5/14-1.09c new)
15 Sec. 14-1.09c. Speech-language pathology assistant.
16 "Speech-language pathology assistant" means a person who has
17 received a license to assist a speech-language pathologist
18 pursuant to the Illinois Speech-Language Pathology and
19 Audiology Practice Act.
20 (105 ILCS 5/14-6.03 new)
21 Sec. 14-6.03. Speech-language pathology assistants.
22 (a) Except as otherwise provided in this subsection, on
23 or after January 1, 2002, no person shall perform the duties
24 of a speech-language pathology assistant without first
25 applying for and receiving a license for that purpose from
26 the Department of Professional Regulation. Before January 1,
27 2004, however, any person holding a bachelor's degree in
28 communication disorders who has been approved by the State
29 Board of Education on or after the effective date of this
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1 amendatory Act of the 92nd General Assembly to perform the
2 functions and duties of a speech-language pathology assistant
3 may perform those functions and duties without obtaining a
4 license as a speech-language pathology assistant pursuant to
5 the Illinois Speech-Language Pathology and Audiology Practice
6 Act. A person employed as a speech-language pathology
7 assistant in any class, service, or program authorized by
8 this Article may perform only those duties authorized by this
9 Section under the supervision of a speech-language
10 pathologist as provided in this Section.
11 (b) A speech-language pathology assistant may not be
12 assigned his or her own student caseload. The student
13 caseload limit of a speech-language pathologist who
14 supervises any speech-language pathology assistants shall be
15 determined by the severity of the needs of the students
16 served by the speech-language pathologist. A full-time
17 speech-language pathologist's caseload limit may not exceed
18 80 students (60 students on or after September 1, 2003) at
19 any time. The caseload limit of a part-time speech-language
20 pathologist shall be determined by multiplying the caseload
21 limit of a full-time speech-language pathologist by a
22 percentage that equals the number of hours worked by the
23 part-time speech-language pathologist divided by the number
24 of hours worked by a full-time speech-language pathologist in
25 that school district. Employment of a speech-language
26 pathology assistant may not increase or decrease the caseload
27 of the supervising speech-language pathologist.
28 (c) A school district that intends to utilize the
29 services of a speech-language pathology assistant must
30 provide written notification to the parent or guardian of
31 each student who will be served by a speech-language
32 pathology assistant.
33 (d) The scope of responsibility of a speech-language
34 pathology assistant shall be limited to supplementing the
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1 role of the speech-language pathologist in implementing the
2 treatment program established by a speech-language
3 pathologist. The functions and duties of a speech-language
4 pathology assistant shall be limited to the following:
5 (1) Conducting speech-language screening, without
6 interpretation, and using screening protocols selected by
7 the supervising speech-language pathologist.
8 (2) Providing direct treatment assistance to
9 students under the supervision of a speech-language
10 pathologist.
11 (3) Following and implementing documented treatment
12 plans or protocols developed by a supervising
13 speech-language pathologist.
14 (4) Documenting student progress toward meeting
15 established objectives, and reporting the information to
16 a supervising speech-language pathologist.
17 (5) Assisting a speech-language pathologist during
18 assessments, including, but not limited to, assisting
19 with formal documentation, preparing materials, and
20 performing clerical duties for a supervising
21 speech-language pathologist.
22 (6) Acting as an interpreter for non-English
23 speaking students and their family members when competent
24 to do so.
25 (7) Scheduling activities and preparing charts,
26 records, graphs, and data.
27 (8) Performing checks and maintenance of equipment,
28 including, but not limited to, augmentative communication
29 devices.
30 (9) Assisting with speech-language pathology
31 research projects, in-service training, and family or
32 community education.
33 (e) A speech-language pathology assistant may not:
34 (1) perform standardized or nonstandardized
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1 diagnostic tests or formal or informal evaluations or
2 interpret test results;
3 (2) screen or diagnose students for feeding or
4 swallowing disorders;
5 (3) participate in parent conferences, case
6 conferences, or any interdisciplinary team without the
7 presence of the supervising speech-language pathologist;
8 (4) provide student or family counseling;
9 (5) write, develop, or modify a student's
10 individualized treatment plan;
11 (6) assist with students without following the
12 individualized treatment plan prepared by the supervising
13 speech-language pathologist;
14 (7) sign any formal documents, such as treatment
15 plans, reimbursement forms, or reports;
16 (8) select students for services;
17 (9) discharge a student from services;
18 (10) disclose clinical or confidential information,
19 either orally or in writing, to anyone other than the
20 supervising speech-language pathologist;
21 (11) make referrals for additional services;
22 (12) counsel or consult with the student, family,
23 or others regarding the student's status or service;
24 (13) represent himself or herself to be a
25 speech-language pathologist or a speech therapist;
26 (14) use a checklist or tabulate results of feeding
27 or swallowing evaluations; or
28 (15) demonstrate swallowing strategies or
29 precautions to students, family, or staff.
30 (f) A speech-language pathology assistant shall practice
31 only under the supervision of a speech-language pathologist
32 who has at least 2 years experience in addition to the
33 supervised professional experience required under subsection
34 (f) of Section 8 of the Illinois Speech-Language Pathology
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1 and Audiology Practice Act. A speech-language pathologist
2 who supervises a speech-language pathology assistant must
3 have completed at least 10 clock hours of training in the
4 supervision of speech-language pathology assistants. The
5 State Board of Education shall promulgate rules describing
6 the supervision training requirements. The rules may allow a
7 speech-language pathologist to apply to the State Board of
8 Education for an exemption from this training requirement
9 based upon prior supervisory experience.
10 (g) A speech-language pathology assistant must be under
11 the direct supervision of a speech-language pathologist at
12 least 30% of the speech-language pathology assistant's actual
13 student contact time per student for the first 90 days of
14 initial employment as a speech-language pathology assistant.
15 Thereafter, the speech-language pathology assistant must be
16 under the direct supervision of a speech-language pathologist
17 at least 20% of the speech-language pathology assistant's
18 actual student contact time per student. Supervision of a
19 speech-language pathology assistant beyond the minimum
20 requirements of this subsection may be imposed at the
21 discretion of the supervising speech-language pathologist. A
22 supervising speech-language pathologist must be available to
23 communicate with a speech-language pathology assistant
24 whenever the assistant is in contact with a student.
25 (h) A speech-language pathologist that supervises a
26 speech-language pathology assistant must document direct
27 supervision activities. At a minimum, supervision
28 documentation must provide (i) information regarding the
29 quality of the speech-language pathology assistant's
30 performance of assigned duties and (ii) verification that
31 clinical activity is limited to duties specified in this
32 Section.
33 (i) A full-time speech-language pathologist may
34 supervise no more than 2 speech-language pathology
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1 assistants. A speech-language pathologist that does not work
2 full-time may supervise no more than one speech-language
3 pathology assistant.
4 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
5 Sec. 21-14. Registration and renewal of certificates.
6 (a) A limited four-year certificate or a certificate
7 issued after July 1, 1955, shall be renewable at its
8 expiration or within 60 days thereafter by the county
9 superintendent of schools having supervision and control over
10 the school where the teacher is teaching upon certified
11 evidence of meeting the requirements for renewal as required
12 by this Act and prescribed by the State Board of Education in
13 consultation with the State Teacher Certification Board. An
14 elementary supervisory certificate shall not be renewed at
15 the end of the first four-year period covered by the
16 certificate unless the holder thereof has filed certified
17 evidence with the State Teacher Certification Board that he
18 has a master's degree or that he has earned 8 semester hours
19 of credit in the field of educational administration and
20 supervision in a recognized institution of higher learning.
21 The holder shall continue to earn 8 semester hours of credit
22 each four-year period until such time as he has earned a
23 master's degree.
24 All certificates not renewed or registered as herein
25 provided shall lapse after a period of 5 years from the
26 expiration of the last year of registration. Such
27 certificates may be reinstated for a one year period upon
28 payment of all accumulated registration fees. Such
29 reinstated certificates shall only be renewed: (1) by earning
30 5 semester hours of credit in a recognized institution of
31 higher learning in the field of professional education or in
32 courses related to the holder's contractual teaching duties;
33 or (2) by presenting evidence of holding a valid regular
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1 certificate of some other type. Any certificate may be
2 voluntarily surrendered by the certificate holder. A
3 voluntarily surrendered certificate shall be treated as a
4 revoked certificate.
5 (b) When those teaching certificates issued before
6 February 15, 2000 are renewed for the first time after
7 February 15, 2000, all such teaching certificates shall be
8 exchanged for Standard Teaching Certificates as provided in
9 subsection (c) of Section 21-2. All Initial and Standard
10 Teaching Certificates, including those issued to persons who
11 previously held teaching certificates issued before February
12 15, 2000, shall be renewable under the conditions set forth
13 in this subsection (b).
14 Initial Teaching Certificates are nonrenewable and are
15 valid for 4 years of teaching. Standard Teaching
16 Certificates are renewable every 5 years as provided in
17 subsection (c) of Section 21-2 and subsection (c) of this
18 Section. For purposes of this Section, "teaching" is defined
19 as employment and performance of services in an Illinois
20 public or State-operated elementary school, secondary school,
21 or cooperative or joint agreement with a governing body or
22 board of control, in a certificated teaching position, or a
23 charter school operating in compliance with the Charter
24 Schools Law.
25 (c) In compliance with subsection (c) of Section 21-2 of
26 this Code, which provides that a Standard Teaching
27 Certificate may be renewed by the State Teacher Certification
28 Board based upon proof of continuing professional
29 development, the State Board of Education and the State
30 Teacher Certification Board shall jointly:
31 (1) establish a procedure for renewing Standard
32 Teaching Certificates, which shall include but not be
33 limited to annual timelines for the renewal process and
34 the components set forth in subsections (d) through (k)
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1 of this Section;
2 (2) establish the standards for certificate
3 renewal;
4 (3) approve the providers of continuing
5 professional development activities;
6 (4) determine the maximum credit for each category
7 of continuing professional development activities, based
8 upon recommendations submitted by a continuing
9 professional development activity task force, which shall
10 consist of 6 staff members from the State Board of
11 Education, appointed by the State Superintendent of
12 Education, and 6 teacher representatives, 3 of whom are
13 selected by the Illinois Education Association and 3 of
14 whom are selected by the Illinois Federation of Teachers;
15 (5) designate the type and amount of documentation
16 required to show that continuing professional development
17 activities have been completed; and
18 (6) provide, on a timely basis to all Illinois
19 teachers, certificate holders, regional superintendents
20 of schools, school districts, and others with an interest
21 in continuing professional development, information about
22 the standards and requirements established pursuant to
23 this subsection (c).
24 (d) Any Standard Teaching Certificate held by an
25 individual employed and performing services in an Illinois
26 public or State-operated elementary school, secondary school,
27 or cooperative or joint agreement with a governing body or
28 board of control in a certificated teaching position or a
29 charter school in compliance with the Charter Schools Law
30 must be maintained Valid and Active through certificate
31 renewal activities specified in the certificate renewal
32 procedure established pursuant to subsection (c) of this
33 Section, provided that a holder of a Valid and Active
34 certificate who is only employed on either a part-time basis
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1 or day-to-day basis as a substitute teacher shall pay only
2 the required registration fee to renew his or her certificate
3 and maintain it as Valid and Active. All other Standard
4 Teaching Certificates held may be maintained as Valid and
5 Exempt through the registration process provided for in the
6 certificate renewal procedure established pursuant to
7 subsection (c) of this Section. A Valid and Exempt
8 certificate must be immediately activated, through procedures
9 developed jointly by the State Board of Education and the
10 State Teacher Certification Board, upon the certificate
11 holder becoming employed and performing services in an
12 Illinois public or State-operated elementary school,
13 secondary school, or cooperative or joint agreement with a
14 governing body or board of control in a certificated teaching
15 position or a charter school operating in compliance with the
16 Charter Schools Law. A holder of a Valid and Exempt
17 certificate may activate his or her certificate through
18 procedures provided for in the certificate renewal procedure
19 established pursuant to subsection (c) of this Section.
20 (e)(1) A Standard Teaching Certificate that has been
21 maintained as Valid and Active for the 5 years of the
22 certificate's validity shall be renewed as Valid and Active
23 upon the certificate holder: (i) completing at least 8
24 semester hours of coursework as described in subdivision (A)
25 of paragraph (3) of this subsection (e); (ii) earning at
26 least 24 continuing education units as described in
27 subdivision (B) of paragraph (3) of this subsection (e);
28 (iii) completing the National Board for Professional Teaching
29 Standards process as described in subdivision (C) of
30 paragraph (3) of this subsection (e); or (iv) earning 120
31 continuing professional development units ("CPDU") as
32 described in subdivision (D) of paragraph (3) of this
33 subsection (e). The maximum continuing professional
34 development units for each continuing professional
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1 development activity identified in subdivisions (E) through
2 (I) of paragraph (3) of this subsection (e) shall be jointly
3 determined by the State Board of Education and the State
4 Teacher Certification Board. If, however, the certificate
5 holder has maintained the certificate as Valid and Exempt for
6 a portion of the 5-year period of validity, the number of
7 continuing professional development units needed to renew the
8 certificate as Valid and Active shall be proportionately
9 reduced by the amount of time the certificate was Valid and
10 Exempt. Furthermore, if a certificate holder is employed and
11 performs teaching services on a part-time basis for all or a
12 portion of the certificate's 5-year period of validity, the
13 number of continuing professional development units needed to
14 renew the certificate as Valid and Active shall be reduced by
15 50% for the amount of time the certificate holder has been
16 employed and performed teaching services on a part-time
17 basis. Part-time shall be defined as less than 50% of the
18 school day or school term.
19 (2) Each Valid and Active Standard Teaching Certificate
20 holder shall develop a certificate renewal plan for
21 satisfying the continuing professional development
22 requirement provided for in subsection (c) of Section 21-2 of
23 this Code. Certificate holders with multiple certificates
24 shall develop a certificate renewal plan that addresses only
25 that certificate or those certificates that are required of
26 his or her certificated teaching position, if the certificate
27 holder is employed and performing services in an Illinois
28 public or State-operated elementary school, secondary school,
29 or cooperative or joint agreement with a governing body or
30 board of control, or that certificate or those certificates
31 most closely related to his or her teaching position, if the
32 certificate holder is employed in a charter school. Except
33 as otherwise provided in this subsection (e), a certificate
34 renewal plan shall include a minimum of 3 individual
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1 improvement goals developed by the certificate holder and
2 shall reflect purposes (A), (B), and (C) and may reflect
3 purpose (D) of the following continuing professional
4 development purposes:
5 (A) Advance both the certificate holder's knowledge
6 and skills as a teacher consistent with the Illinois
7 Professional Teaching Standards and the Illinois Content
8 Area Standards in the certificate holder's areas of
9 certification, endorsement, or teaching assignment in
10 order to keep the certificate holder current in those
11 areas.
12 (B) Develop the certificate holder's knowledge and
13 skills in areas determined to be critical for all
14 Illinois teachers, as defined by the State Board of
15 Education, known as "State priorities".
16 (C) Address the knowledge, skills, and goals of the
17 certificate holder's local school improvement plan, if
18 the teacher is employed in an Illinois public or
19 State-operated elementary school, secondary school, or
20 cooperative or joint agreement with a governing body or
21 board of control.
22 (D) Expand knowledge and skills in an additional
23 teaching field or toward the acquisition of another
24 teaching certificate, endorsement, or relevant education
25 degree.
26 A certificate renewal plan must include a description of how
27 these goals are to be achieved and an explanation of selected
28 continuing professional development activities to be
29 completed, each of which must meet one or more of the
30 continuing professional development purposes specified in
31 this paragraph (2). The plan shall identify potential
32 activities and include projected timelines for those
33 activities that will assure completion of the plan before the
34 expiration of the 5-year validity of the Standard Teaching
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1 Certificate. Except as otherwise provided in this subsection
2 (e), at least 50% of continuing professional development
3 units must relate to purposes (A) and (B) set forth in this
4 paragraph (2): the advancement of a certificate holder's
5 knowledge and skills as a teacher consistent with the
6 Illinois Professional Teaching Standards and the Illinois
7 Content Area Standards in the certificate holder's areas of
8 certification, endorsement, or teaching assignment in order
9 to keep the certificate holder current in those areas and the
10 development of a certificate holder's knowledge and skills in
11 the State priorities that exist at the time the certificate
12 renewal plan is developed.
13 A speech-language pathologist or audiologist who is
14 licensed under the Illinois Speech-Language Pathology and
15 Audiology Practice Act and who has met the continuing
16 education requirements of that Act and the rules promulgated
17 under that Act shall be deemed to have satisfied the
18 continuing professional development requirements established
19 by the State Board of Education and the Teacher Certification
20 Board to renew a Standard Certificate.
21 (3) Continuing professional development activities
22 included in a certificate renewal plan may include, but are
23 not limited to, the following activities:
24 (A) at least 8 semester hours of coursework in an
25 approved education-related program, of which at least 2
26 semester hours relate to the continuing professional
27 development purpose set forth in purpose (A) of paragraph
28 (2) of this subsection (e), provided that such a plan
29 need not include any other continuing professional
30 development activities nor reflect or contain activities
31 related to the other continuing professional development
32 purposes set forth in paragraph (2) of this subsection
33 (e);
34 (B) continuing education units that satisfy the
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1 continuing professional development purposes set forth in
2 paragraph (2) of this subsection (e), with each
3 continuing education unit equal to 5 clock hours,
4 provided that a plan that includes at least 24 continuing
5 education units (or 120 clock/contact hours) need not
6 include any other continuing professional development
7 activities;
8 (C) completion of the National Board of
9 Professional Teaching Standards ("NBPTS") process,
10 provided that a plan that includes completion of the
11 NBPTS process need not include any other continuing
12 professional development activities nor reflect or
13 contain activities related to the continuing professional
14 development purposes set forth in paragraph (2) of
15 subsection (e) of this Section;
16 (D) completion of 120 continuing professional
17 development units that satisfy the continuing
18 professional development purposes set forth in paragraph
19 (2) of this subsection (e) and may include without
20 limitation the activities identified in subdivisions (E)
21 through (I) of this paragraph (3);
22 (E) collaboration and partnership activities
23 related to improving the teacher's knowledge and skills
24 as a teacher, including the following:
25 (i) participating on collaborative planning
26 and professional improvement teams and committees;
27 (ii) peer review and coaching;
28 (iii) mentoring in a formal mentoring program,
29 including service as a consulting teacher
30 participating in a remediation process formulated
31 under Section 24A-5 of this Code;
32 (iv) participating in site-based management or
33 decision making teams, relevant committees, boards,
34 or task forces directly related to school
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1 improvement plans;
2 (v) coordinating community resources in
3 schools, if the project is a specific goal of the
4 school improvement plan;
5 (vi) facilitating parent education programs
6 for a school, school district, or regional office of
7 education directly related to student achievement or
8 school improvement plans;
9 (vii) participating in business, school, or
10 community partnerships directly related to student
11 achievement or school improvement plans;
12 (viii) supervising a student teacher or
13 teacher education candidate in clinical supervision,
14 provided that the supervision may only be counted
15 once during the course of 5 years;
16 (F) college or university coursework related to
17 improving the teacher's knowledge and skills as a teacher
18 as follows:
19 (i) completing undergraduate or graduate
20 credit earned from a regionally accredited
21 institution in coursework relevant to the
22 certificate area being renewed, provided the
23 coursework meets Illinois Professional Teaching
24 Standards or Illinois Content Area Standards and
25 supports the essential characteristics of quality
26 professional development; or
27 (ii) teaching college or university courses in
28 areas relevant to the certificate area being
29 renewed, provided that the teaching may only be
30 counted once during the course of 5 years;
31 (G) conferences, workshops, institutes, seminars,
32 and symposiums related to improving the teacher's
33 knowledge and skills as a teacher, including the
34 following:
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1 (i) completing non-university credit directly
2 related to student achievement, school improvement
3 plans, or State priorities;
4 (ii) participating in or presenting at
5 workshops, seminars, conferences, institutes, and
6 symposiums;
7 (iii) training as external reviewers for
8 Quality Assurance;
9 (iv) training as reviewers of university
10 teacher preparation programs;
11 (H) other educational experiences related to
12 improving the teacher's knowledge and skills as a
13 teacher, including the following:
14 (i) participating in action research and
15 inquiry projects;
16 (ii) observing programs or teaching in
17 schools, related businesses, or industry that is
18 systematic, purposeful, and relevant to certificate
19 renewal;
20 (iii) traveling related to ones teaching
21 assignment, directly related to student achievement
22 or school improvement plans and approved at least 30
23 days prior to the travel experience, provided that
24 the traveling shall not include time spent commuting
25 to destinations where the learning experience will
26 occur;
27 (iv) participating in study groups related to
28 student achievement or school improvement plans;
29 (v) serving on a statewide education-related
30 committee, including but not limited to the State
31 Teacher Certification Board, State Board of
32 Education strategic agenda teams, or the State
33 Advisory Council on Education of Children with
34 Disabilities;
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1 (vi) participating in work/learn programs or
2 internships; or
3 (I) professional leadership experiences related to
4 improving the teacher's knowledge and skills as a
5 teacher, including the following:
6 (i) participating in curriculum development or
7 assessment activities at the school, school
8 district, regional office of education, State, or
9 national level;
10 (ii) participating in team or department
11 leadership in a school or school district;
12 (iii) participating on external or internal
13 school or school district review teams;
14 (iv) publishing educational articles, columns,
15 or books relevant to the certificate area being
16 renewed; or
17 (v) participating in non-strike related
18 professional association or labor organization
19 service or activities related to professional
20 development.
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. A holder of a teaching certificate
18 endorsed as a speech-language pathologist who has been
19 granted the Certificate of Clinical Competence by the
20 American Speech-Language Hearing Association may renew his or
21 her Standard Teaching Certificate pursuant to the 10-year
22 renewal cycle set forth in subsection (d) of Section 21-2 of
23 this Code.
24 (j) Holders of Valid and Exempt Standard and Master
25 Teaching Certificates who are not employed and performing
26 services in an Illinois public or State-operated elementary
27 school, secondary school, or cooperative or joint agreement
28 with a governing body or board of control, in a certificated
29 teaching position, may voluntarily activate their
30 certificates by developing and submitting a certificate
31 renewal plan to the regional superintendent of schools of the
32 regional office of education for the geographic area where
33 their teaching is done, who, or whose designee, shall approve
34 the plan and serve as the certificate holder's local
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1 professional development committee. These certificate
2 holders shall follow the same renewal criteria and procedures
3 as all other Standard and Master Teaching Certificate
4 holders, except that their continuing professional
5 development plans shall not be required to reflect or address
6 the knowledge, skills, and goals of a local school
7 improvement plan.
8 (k) Each school district, charter school, or cooperative
9 or joint agreement shall be paid an annual amount of not less
10 than $1,000, as determined by a formula based on the number
11 of Standard Teaching and Master Teaching Certificate holders,
12 subject to renewal and established by rule, not to exceed
13 $1,000,000 annually for all school districts, charter
14 schools, and cooperatives or joint agreements, for
15 administrative costs associated with conducting the meetings
16 of the local professional development committee. Each
17 regional office of education shall receive $2,000 annually to
18 pay school districts, charter schools, or cooperatives or
19 joint agreements for costs, as defined by rule, incurred in
20 staff attendance at regional professional development review
21 committee meetings and the training seminar required under
22 paragraph (2) of subsection (g) of this Section.
23 (l) The State Board of Education and the State Teacher
24 Certification Board shall jointly contract with an
25 independent party to conduct a comprehensive evaluation of
26 the certificate renewal system pursuant to this Section. The
27 first report of this evaluation shall be presented to the
28 General Assembly on January 1, 2005 and on January 1 of every
29 third year thereafter.
30 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98;
31 90-811, eff. 1-26-99; 91-102, eff. 7-12-99.)
32 Section 10. The Illinois Speech-Language Pathology and
33 Audiology Practice Act is amended by changing Sections 3,
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1 3.5, 7, 8, 10, 11, 13, 16, 16.5, 18, 26, 27, 28, 29, 29.5,
2 and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 as follows:
3 (225 ILCS 110/3) (from Ch. 111, par. 7903)
4 Sec. 3. Definitions. The following words and phrases
5 shall have the meaning ascribed to them in this Section
6 unless the context clearly indicates otherwise:
7 (a) "Department" means the Department of Professional
8 Regulation.
9 (b) "Director" means the Director of Professional
10 Regulation.
11 (c) "Board" means the Board of Speech-Language Pathology
12 and Audiology established under Section 5 of this Act.
13 (d) "Speech-Language Pathologist" means a person who has
14 received a license pursuant to this Act and who engages in
15 the practice of speech-language pathology.
16 (e) "Audiologist" means a person who has received a
17 license pursuant to this Act and who engages in the practice
18 of audiology.
19 (f) "Public member" means a person who is not a health
20 professional. For purposes of board membership, any person
21 with a significant financial interest in a health service or
22 profession is not a public member.
23 (g) "The practice of audiology" is the application of
24 nonmedical methods and procedures for the identification,
25 measurement, testing, appraisal, prediction, habilitation,
26 rehabilitation, or instruction related to hearing and
27 disorders of hearing. These procedures are for the purpose
28 of counseling, consulting and rendering or offering to render
29 services or for participating in the planning, directing or
30 conducting of programs that are designed to modify
31 communicative disorders involving speech, language or
32 auditory function related to hearing loss. The practice of
33 audiology may include, but shall not be limited to, the
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1 following:
2 (1) any task, procedure, act, or practice that is
3 necessary for the evaluation of hearing or vestibular
4 function;
5 (2) training in the use of amplification, including
6 hearing aids;
7 (3) performing basic speech and language screening
8 tests and procedures consistent with audiology training.
9 (h) "The practice of speech-language pathology" is the
10 application of nonmedical methods and procedures for the
11 identification, measurement, testing, appraisal, prediction,
12 habilitation, rehabilitation, and modification related to
13 communication development, and disorders or disabilities of
14 speech, language, voice, swallowing, and other speech,
15 language and voice related disorders. These procedures are
16 for the purpose of counseling, consulting and rendering or
17 offering to render services, or for participating in the
18 planning, directing or conducting of programs that are
19 designed to modify communicative disorders and conditions in
20 individuals or groups of individuals involving speech,
21 language, voice and swallowing function.
22 "The practice of speech-language pathology" shall
23 include, but shall not be limited to, the following:
24 (1) hearing screening tests and aural
25 rehabilitation procedures consistent with speech-language
26 pathology training;
27 (2) tasks, procedures, acts or practices that are
28 necessary for the evaluation of, and training in the use
29 of, augmentative communication systems, communication
30 variation, cognitive rehabilitation, non-spoken language
31 production and comprehension.
32 (i) "Speech-language pathology assistant" means a person
33 who has received a license pursuant to this Act to assist a
34 speech-language pathologist in the manner provided in this
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1 Act.
2 (Source: P.A. 90-69, eff. 7-8-97.)
3 (225 ILCS 110/3.5)
4 Sec. 3.5. Exemptions. This Act does not prohibit:
5 (a) The practice of speech-language pathology or
6 audiology by students in their course of study in
7 programs approved by the Department when acting under the
8 direction and supervision of licensed speech-language
9 pathologists or audiologists.
10 (b) The performance of any speech-language
11 pathology service by a speech-language pathology
12 assistant an appropriately trained person if such service
13 is performed under the supervision and full
14 responsibility of a licensed speech-language pathologist.
15 A speech language pathology assistant may perform only
16 those duties authorized by Section 8.7 under the
17 supervision of a speech-language pathologist as provided
18 in Section 8.8.
19 (b-5) The performance of an audiology service by an
20 appropriately trained person if that service is performed
21 under the supervision and full responsibility of a
22 licensed audiologist.
23 (c) The performance of audiometric testing for the
24 purpose of industrial hearing conservation by an
25 audiometric technician certified by the Council of
26 Accreditation for Occupational Hearing Conservation
27 (CAOHC).
28 (d) The performance of an audiometric screening by
29 an audiometric screenings technician certified by the
30 Department of Public Health.
31 (e) The selling or practice of fitting, dispensing,
32 or servicing hearing instruments by a hearing instrument
33 dispenser licensed under the Hearing Instrument Consumer
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1 Protection Act.
2 (f) A person licensed in this State under any other
3 Act from engaging in the practice for which he or she is
4 licensed.
5 (g) The performance of vestibular function testing
6 by an appropriately trained person under the supervision
7 of a physician licensed to practice medicine in all its
8 branches.
9 (Source: P.A. 90-69, eff. 7-8-97.)
10 (225 ILCS 110/7) (from Ch. 111, par. 7907)
11 Sec. 7. Licensure requirement. On or after June 1, 1989,
12 no person shall practice speech-language pathology or
13 audiology without first applying for and obtaining a license
14 for such purpose from the Department. Except as provided in
15 this Section, on or after January 1, 2002, no person shall
16 perform the functions and duties of a speech-language
17 pathology assistant without first applying for and obtaining
18 a license for that purpose from the Department. Before
19 January 1, 2004, however, any person holding a bachelor's
20 degree in communication disorders may perform the functions
21 and duties of a speech-language pathology assistant without
22 obtaining a license.
23 (Source: P.A. 90-69, eff. 7-8-97.)
24 (225 ILCS 110/8) (from Ch. 111, par. 7908)
25 Sec. 8. Qualifications for licenses to practice
26 speech-language pathology or audiology. The Department shall
27 require that each applicant for a license to practice
28 speech-language pathology or audiology shall:
29 (a) (Blank);
30 (b) be at least 21 years of age;
31 (c) not have violated any provisions of Section 16
32 of this Act;
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1 (d) present satisfactory evidence of receiving a
2 master's degree in speech-language pathology or audiology
3 from a program approved by the Department. Nothing in
4 this Act shall be construed to prevent any program from
5 establishing higher standards than specified in this Act;
6 (e) pass an examination authorized by the
7 Department in the theory and practice of the profession,
8 provided that the Department may recognize a certificate
9 granted by the American Speech-Language-Hearing
10 Association in lieu of such examination; and
11 (f) have completed the equivalent of 9 months of
12 full-time, supervised professional experience.
13 Applicants have 3 years from the date of application to
14 complete the application process. If the process has not been
15 completed within 3 years, the application shall be denied,
16 the fee shall be forfeited, and the applicant must reapply
17 and meet the requirements in effect at the time of
18 reapplication.
19 (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.)
20 (225 ILCS 110/8.5 new)
21 Sec. 8.5. Qualifications for licenses as a
22 speech-language pathology assistant. A person is qualified
23 to be licensed as a speech-language pathology assistant if
24 that person has applied in writing on forms prescribed by the
25 Department, has paid the required fees, and meets both of the
26 following criteria:
27 (1) Is of good moral character. In determining
28 moral character, the Department may take into
29 consideration any felony conviction of the applicant, but
30 such a conviction shall not operate automatically as a
31 complete bar to licensure.
32 (2) Has received an associate degree from a
33 speech-language pathology assistant program that has been
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1 approved by the Department and that meets the minimum
2 requirements set forth in Section 8.6.
3 (225 ILCS 110/8.6 new)
4 Sec. 8.6. Minimum Requirements for Speech-language
5 pathology assistant programs.
6 (a) An applicant for licensure as a speech-language
7 pathology assistant must have earned 60 semester credit hours
8 in a program of study that includes general education and the
9 specific knowledge and skills for a speech-language pathology
10 assistant. The curriculum of a speech-language pathology
11 assistant program must include all of the following content,
12 as further provided by rule promulgated by the Department:
13 (1) Thirty-six semester credit hours in general
14 education.
15 (2) Twenty-four semester credit hours in technical
16 content areas designed to provide students with knowledge
17 and skills required for speech-language pathology
18 assistants, which must include (i) an overview of normal
19 processes of communication; (ii) an overview of
20 communication disorders; (iii) instruction in
21 speech-language pathology assistant-level service
22 delivery practices; (iv) instruction in workplace
23 behaviors; (v) cultural and linguistic factors in
24 communication; and (vi) observation.
25 (3) Completion of at least 100 hours of supervised
26 field work experiences supervised by a licensed
27 speech-language pathologist at least 50% of the time when
28 the student is engaged in contact with the patient or
29 client. An applicant must obtain written verification
30 demonstrating successful completion of the required field
31 work experience, including a description of the setting
32 in which the training was received and an assessment of
33 the student's technical proficiency.
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1 (b) The Department may promulgate rules that change the
2 curriculum requirements of subsection (a) in order to reflect
3 the guidelines for speech-language pathology assistant
4 programs recommended by the American Speech-Language Hearing
5 Association.
6 (225 ILCS 110/8.7 new)
7 Sec. 8.7. Duties of speech-language pathology
8 assistants.
9 (a) The scope of responsibility of speech-language
10 pathology assistants shall be limited to supplementing the
11 role of a speech-language pathologist in implementing the
12 treatment program established by the speech-language
13 pathologist. The functions and duties of a speech-language
14 pathology assistant shall be:
15 (1) conducting speech-language screening, without
16 interpretation, and using screening protocols developed
17 by the supervising speech-language pathologist;
18 (2) providing direct treatment assistance to
19 patients or clients, if authorized by and under the
20 supervision of a speech-language pathologist;
21 (3) following and implementing documented treatment
22 plans or protocols developed by a supervising
23 speech-language pathologist;
24 (4) documenting patient or client progress toward
25 meeting established objectives and reporting the
26 information to a supervising speech-language pathologist;
27 (5) assisting a speech-language pathologist during
28 assessments, including, but not limited to, assisting
29 with formal documentation, preparing materials, and
30 performing clerical duties for a supervising
31 speech-language pathologist;
32 (6) acting as an interpreter for non-English
33 speaking patients or clients and their family members
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1 when competent to do so;
2 (7) scheduling activities and preparing charts,
3 records, graphs, and data;
4 (8) performing checks and maintenance of equipment,
5 including, but not limited to, augmentative communication
6 devices; and
7 (9) assisting with speech-language pathology
8 research projects, in-service training, and family or
9 community education;
10 (b) A speech-language pathology assistant may not:
11 (1) perform standardized or nonstandardized
12 diagnostic tests or formal or informal evaluations or
13 interpret test results;
14 (2) screen or diagnose patients or clients for
15 feeding or swallowing disorders;
16 (3) participate in parent conferences, case
17 conferences, or any interdisciplinary team without the
18 presence of the supervising speech-language pathologist;
19 (4) provide patient or client or family counseling;
20 (5) write, develop, or modify a patient's or
21 client's individualized treatment plan;
22 (6) assist with patients or clients without
23 following the individualized treatment plan prepared by
24 the supervising speech-language pathologist;
25 (7) sign any formal documents such as treatment
26 plans, reimbursement forms, or reports;
27 (8) select patients or clients for services;
28 (9) discharge a patient or client from services;
29 (10) disclose clinical or confidential information,
30 either orally or in writing, to anyone other than the
31 supervising speech-language pathologist;
32 (11) make referrals for additional services;
33 (12) counsel or consult with the patient or client,
34 family, or others regarding the patient's or client's
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1 status or service;
2 (13) represent himself or herself to be a
3 speech-language pathologist;
4 (14) use a checklist or tabulate results of feeding
5 or swallowing evaluations; or
6 (15) demonstrate swallowing strategies or
7 precautions to patients, family, or staff.
8 (225 ILCS 110/8.8 new)
9 Sec. 8.8. Supervision of speech-language pathology
10 assistants.
11 (a) A speech-language pathology assistant shall practice
12 only under the supervision of a speech-language pathologist
13 who has at least 2 years experience in addition to the
14 supervised professional experience required under subsection
15 (f) of Section 8 of this Act. A speech-language pathologist
16 who supervises a speech-language pathology assistant must
17 have completed at least 10 clock hours of training in the
18 supervision of speech-language pathology assistants. The
19 Department shall promulgate rules describing the supervision
20 training requirements. The rules may allow a speech-language
21 pathologist to apply to the Board for an exemption from this
22 training requirement based upon prior supervisory experience.
23 (b) A speech-language pathology assistant must be under
24 the direct supervision of a speech-language pathologist at
25 least 30% of the speech-language pathology assistant's actual
26 patient or client contact time per patient or client during
27 the first 90 days of initial employment as a speech-language
28 pathology assistant. Thereafter, a speech-language pathology
29 assistant must be under the direct supervision of a
30 speech-language pathologist at least 20% of the
31 speech-language pathology assistant's actual patient or
32 client contact time per patient or client. Supervision of a
33 speech-language pathology assistant beyond the minimum
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1 requirements of this subsection may be imposed at the
2 discretion of the supervising speech-language pathologist.
3 A supervising speech-language pathologist must be available
4 to communicate with a speech-language pathology assistant
5 whenever the assistant is in contact with a patient or
6 client.
7 (c) A speech-language pathologist that supervises a
8 speech-language pathology assistant must document direct
9 supervision activities. At a minimum, supervision
10 documentation must provide (i) information regarding the
11 quality of the speech-language pathology assistant's
12 performance of assigned duties, and (ii) verification that
13 clinical activity is limited to duties specified in Section
14 8.7.
15 (d) A full-time speech-language pathologist may
16 supervise no more than 2 speech-language pathology
17 assistants. A speech-language pathologist that does not work
18 full-time may supervise no more than one speech-language
19 pathology assistant.
20 (e) For purposes of this Section, "direct supervision"
21 means on-site, in-view observation and guidance by a
22 speech-language pathologist while an assigned activity is
23 performed by the speech-language pathology assistant.
24 (225 ILCS 110/10) (from Ch. 111, par. 7910)
25 Sec. 10. List of Speech-Language Pathologists and
26 Audiologists. The Department shall maintain a list of the
27 names and addresses of the speech-language pathologists,
28 speech-language pathology assistants, and audiologists. Such
29 lists shall also be mailed by the Department to any person
30 upon request and payment of the required fee.
31 (Source: P.A. 85-1391.)
32 (225 ILCS 110/11) (from Ch. 111, par. 7911)
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1 Sec. 11. Expiration, renewal and restoration of
2 licenses.
3 (a) The expiration date and renewal period for each
4 license issued under this Act shall be set by rule. A
5 speech-language pathologist, speech-language pathology
6 assistant, or audiologist may renew such license during the
7 month preceding the expiration date thereof by paying the
8 required fee.
9 (a-5) All renewal applicants shall provide proof of
10 having met the continuing education requirements set forth in
11 the rules of the Department. At a minimum, the rules shall
12 require a renewal applicant for licensure as a
13 speech-language pathologist or audiologist to provide proof
14 of completing at least 20 clock hours of continuing education
15 during the 2-year licensing cycle for which he or she is
16 currently licensed. An audiologist who has met the continuing
17 education requirements of the Hearing Instrument Consumer
18 Protection Act during an equivalent licensing cycle under
19 this Act shall be deemed to have met the continuing education
20 requirements of this Act. At a minimum, the rules shall
21 require a renewal applicant for licensure as a
22 speech-language pathology assistant to provide proof of
23 completing at least 10 clock hours of continuing education
24 during the 2-year period for which he or she currently holds
25 a license. The Department shall provide by rule for an
26 orderly process for the reinstatement of licenses that have
27 not been renewed for failure to meet the continuing education
28 requirements. The continuing education requirements may be
29 waived in cases of extreme hardship as defined by rule of the
30 Department.
31 The Department shall establish by rule a means for the
32 verification of completion of the continuing education
33 required by this Section. This verification may be
34 accomplished through audits of records maintained by
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1 licensees, by requiring the filing of continuing education
2 certificates with the Department, or by other means
3 established by the Department.
4 (b) Inactive status.
5 (1) Any licensee who notifies the Department in
6 writing on forms prescribed by the Department may elect
7 to place his or her license on an inactive status and
8 shall, subject to rules of the Department, be excused
9 from payment of renewal fees until he or she notifies the
10 Department in writing of his or her desire to resume
11 active status.
12 (2) Any licensee requesting restoration from
13 inactive status shall be required to (i) pay the current
14 renewal fee; and (ii) demonstrate that he or she has
15 obtained the equivalent of 20 hours of continuing
16 education if the licensee has been inactive for 5 years
17 or more.
18 (3) Any licensee whose license is in an inactive
19 status shall not practice in the State of Illinois
20 without first restoring his or her license.
21 (4) Any licensee who shall engage in the practice
22 while the license is lapsed or inactive shall be
23 considered to be practicing without a license which shall
24 be grounds for discipline under Section 16 of this Act.
25 (c) Any speech-language pathologist, speech-language
26 pathology assistant, or audiologist whose license has expired
27 may have his or her license restored at any time within 5
28 years after the expiration thereof, upon payment of the
29 required fee.
30 (d) Any person whose license has been expired for 5
31 years or more may have his or her license restored by making
32 application to the Department and filing proof acceptable to
33 the Department of his or her fitness to have his or her
34 license restored, including sworn evidence certifying to
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1 active lawful practice in another jurisdiction, and by paying
2 the required restoration fee. A person practicing on an
3 expired license is deemed to be practicing without a license.
4 (e) If a person whose license has expired has not
5 maintained active practice in another jurisdiction, the
6 Department shall determine, by an evaluation process
7 established by rule, his or her fitness to resume active
8 status and may require the person to complete a period of
9 evaluated clinical experience, and may require successful
10 completion of an examination.
11 (f) Any person whose license has expired while he or she
12 has been engaged (1) in federal or State service on active
13 duty, or (2) in training or education under the supervision
14 of the United States preliminary to induction into the
15 military service, may have his or her license restored
16 without paying any lapsed renewal or restoration fee, if
17 within 2 years after termination of such service, training or
18 education he or she furnishes the Department with
19 satisfactory proof that he or she has been so engaged and
20 that his or her service, training or education has been so
21 terminated.
22 (Source: P.A. 90-69, eff. 7-8-97.)
23 (225 ILCS 110/13) (from Ch. 111, par. 7913)
24 Sec. 13. Licensing applicants from other States.
25 Upon payment of the required fee, an applicant who is a
26 speech-language pathologist, speech-language pathology
27 assistant, or audiologist licensed under the laws of another
28 state or territory of the United States, shall without
29 examination be granted a license as a speech-language
30 pathologist, speech-language pathology assistant, or
31 audiologist by the Department:
32 (a) whenever the requirements of such state or territory
33 of the United States were at the date of licensure
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1 substantially equal to the requirements then in force in this
2 State; or
3 (b) whenever such requirements of another state or
4 territory of the United States together with educational and
5 professional qualifications, as distinguished from practical
6 experience, of the applicant since obtaining a license as
7 speech-language pathologist, speech-language pathology
8 assistant, or audiologist in such state or territory of the
9 United States are substantially equal to the requirements in
10 force in Illinois at the time of application for licensure as
11 a speech-language pathologist, speech-language pathology
12 assistant, or audiologist.
13 Applicants have 3 years from the date of application to
14 complete the application process. If the process has not been
15 completed within 3 years, the application shall be denied,
16 the fee shall be forfeited, and the applicant must reapply
17 and meet the requirements in effect at the time of
18 reapplication.
19 (Source: P.A. 90-69, eff. 7-8-97.)
20 (225 ILCS 110/16) (from Ch. 111, par. 7916)
21 Sec. 16. Refusal, revocation or suspension of licenses.
22 (1) The Department may refuse to issue or renew, or may
23 revoke, suspend, place on probation, censure, reprimand or
24 take other disciplinary action as the Department may deem
25 proper, including fines not to exceed $5,000 for each
26 violation, with regard to any license for any one or
27 combination of the following causes:
28 (a) Fraud in procuring the license.
29 (b) Habitual intoxication or addiction to the use
30 of drugs.
31 (c) Willful or repeated violations of the rules of
32 the Department of Public Health.
33 (d) Division of fees or agreeing to split or divide
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1 the fees received for speech-language pathology or
2 audiology services with any person for referring an
3 individual, or assisting in the care or treatment of an
4 individual, without the knowledge of the individual or
5 his or her legal representative.
6 (e) Employing, procuring, inducing, aiding or
7 abetting a person not licensed as a speech-language
8 pathologist or audiologist to engage in the unauthorized
9 practice of speech-language pathology or audiology.
10 (e-5) Employing, procuring, inducing, aiding, or
11 abetting a person not licensed as a speech-language
12 pathology assistant to perform the functions and duties
13 of a speech-language pathology assistant.
14 (f) Making any misrepresentations or false
15 promises, directly or indirectly, to influence, persuade
16 or induce patronage.
17 (g) Professional connection or association with, or
18 lending his or her name to another for the illegal
19 practice of speech-language pathology or audiology by
20 another, or professional connection or association with
21 any person, firm or corporation holding itself out in any
22 manner contrary to this Act.
23 (h) Obtaining or seeking to obtain checks, money,
24 or any other things of value by false or fraudulent
25 representations, including but not limited to, engaging
26 in such fraudulent practice to defraud the medical
27 assistance program of the Department of Public Aid.
28 (i) Practicing under a name other than his or her
29 own.
30 (j) Improper, unprofessional or dishonorable
31 conduct of a character likely to deceive, defraud or harm
32 the public.
33 (k) Conviction in this or another state of any
34 crime which is a felony under the laws of this State or
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1 conviction of a felony in a federal court, if the
2 Department determines, after investigation, that such
3 person has not been sufficiently rehabilitated to warrant
4 the public trust.
5 (1) Permitting a person under his or her
6 supervision to perform any function not authorized by
7 this Act.
8 (m) A violation of any provision of this Act or
9 rules promulgated thereunder.
10 (n) Revocation by another state, the District of
11 Columbia, territory, or foreign nation of a license to
12 practice speech-language pathology or audiology or a
13 license to practice as a speech-language pathology
14 assistant in its jurisdiction if at least one of the
15 grounds for that revocation is the same as or the
16 equivalent of one of the grounds for revocation set forth
17 herein.
18 (o) Willfully failing to report an instance of
19 suspected child abuse or neglect as required by the
20 Abused and Neglected Child Reporting Act.
21 (p) Gross or repeated malpractice resulting in
22 injury or death of an individual.
23 (q) Willfully making or filing false records or
24 reports in his or her practice as a speech-language
25 pathologist, speech-language pathology assistant, or
26 audiologist, including, but not limited to, false records
27 to support claims against the public assistance program
28 of the Illinois Department of Public Aid.
29 (r) Professional incompetence as manifested by poor
30 standards of care or mental incompetence as declared by a
31 court of competent jurisdiction.
32 (s) Repeated irregularities in billing a third
33 party for services rendered to an individual. For
34 purposes of this Section, "irregularities in billing"
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1 shall include:
2 (i) reporting excessive charges for the
3 purpose of obtaining a total payment in excess of
4 that usually received by the speech-language
5 pathologist, speech-language pathology assistant, or
6 audiologist for the services rendered;
7 (ii) reporting charges for services not
8 rendered; or
9 (iii) incorrectly reporting services rendered
10 for the purpose of obtaining payment not earned.
11 (t) (Blank).
12 (u) Violation of the Health Care Worker
13 Self-Referral Act.
14 (v) Physical illness, including but not limited to
15 deterioration through the aging process or loss of motor
16 skill, mental illness, or disability that results in the
17 inability to practice the profession with reasonable
18 judgment, skill, or safety.
19 (w) Violation of the Hearing Instrument Consumer
20 Protection Act.
21 (x) Failure by a speech-language pathology assistant
22 and supervising speech-language pathologist to comply
23 with the supervision requirements set forth in Section
24 8.8.
25 (y) Wilfully exceeding the scope of duties
26 customarily undertaken by speech-language pathology
27 assistants set forth in Section 8.7 that results in, or
28 may result in, harm to the public.
29 (2) The Department shall deny a license or renewal
30 authorized by this Act to any person who has defaulted on an
31 educational loan guaranteed by the Illinois State Scholarship
32 Commission; however, the Department may issue a license or
33 renewal if the aforementioned persons have established a
34 satisfactory repayment record as determined by the Illinois
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1 State Scholarship Commission.
2 (3) The entry of an order by a circuit court
3 establishing that any person holding a license under this Act
4 is subject to involuntary admission or judicial admission as
5 provided for in the Mental Health and Developmental
6 Disabilities Code, operates as an automatic suspension of
7 that license. That person may have his or her license
8 restored only upon the determination by a circuit court that
9 the patient is no longer subject to involuntary admission or
10 judicial admission and the issuance of an order so finding
11 and discharging the patient, and upon the Board's
12 recommendation to the Department that the license be
13 restored. Where the circumstances so indicate, the Board may
14 recommend to the Department that it require an examination
15 prior to restoring any license automatically suspended under
16 this subsection.
17 (4) The Department may refuse to issue or may suspend
18 the license of any person who fails to file a return, or to
19 pay the tax, penalty, or interest shown in a filed return, or
20 to pay any final assessment of the tax penalty or interest,
21 as required by any tax Act administered by the Department of
22 Revenue, until such time as the requirements of any such tax
23 Act are satisfied.
24 (5) In enforcing this Section, the Board upon a showing
25 of a possible violation may compel an individual licensed to
26 practice under this Act, or who has applied for licensure
27 pursuant to this Act, to submit to a mental or physical
28 examination, or both, as required by and at the expense of
29 the Department. The examining physicians or clinical
30 psychologists shall be those specifically designated by the
31 Board. The individual to be examined may have, at his or her
32 own expense, another physician or clinical psychologist of
33 his or her choice present during all aspects of this
34 examination. Failure of any individual to submit to a mental
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1 or physical examination, when directed, shall be grounds for
2 suspension of his or her license until the individual submits
3 to the examination if the Board finds, after notice and
4 hearing, that the refusal to submit to the examination was
5 without reasonable cause.
6 If the Board finds an individual unable to practice
7 because of the reasons set forth in this Section, the Board
8 may require that individual to submit to care, counseling, or
9 treatment by physicians or clinical psychologists approved or
10 designated by the Board, as a condition, term, or restriction
11 for continued, reinstated, or renewed licensure to practice;
12 or, in lieu of care, counseling, or treatment, the Board may
13 recommend to the Department to file a complaint to
14 immediately suspend, revoke, or otherwise discipline the
15 license of the individual. Any individual whose license was
16 granted, continued, reinstated, renewed, disciplined or
17 supervised subject to such terms, conditions, or
18 restrictions, and who fails to comply with such terms,
19 conditions, or restrictions, shall be referred to the
20 Director for a determination as to whether the individual
21 shall have his or her license suspended immediately, pending
22 a hearing by the Board.
23 In instances in which the Director immediately suspends a
24 person's license under this Section, a hearing on that
25 person's license must be convened by the Board within 15 days
26 after the suspension and completed without appreciable delay.
27 The Board shall have the authority to review the subject
28 individual's record of treatment and counseling regarding the
29 impairment to the extent permitted by applicable federal
30 statutes and regulations safeguarding the confidentiality of
31 medical records.
32 An individual licensed under this Act and affected under
33 this Section shall be afforded an opportunity to demonstrate
34 to the Board that he or she can resume practice in compliance
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1 with acceptable and prevailing standards under the provisions
2 of his or her license.
3 (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.)
4 (225 ILCS 110/16.5)
5 Sec. 16.5. Advertising. A person licensed under this Act
6 as a speech-language pathologist or audiologist may advertise
7 the availability of professional services in the public media
8 or on the premises where such professional services are
9 rendered as permitted by law, provided the advertising is
10 truthful and not misleading or deceptive. The Department may
11 adopt rules consistent with this Section.
12 (Source: P.A. 90-69, eff. 7-8-97.)
13 (225 ILCS 110/18) (from Ch. 111, par. 7918)
14 Sec. 18. Disciplinary actions.
15 (a) In case the licensee, after receiving notice, fails
16 to file an answer, his or her license may, in the discretion
17 of the Director, having first received the recommendation of
18 the Board, be suspended, revoked, placed on probationary
19 status or the Director may take whatever disciplinary action
20 he or she may deem proper, including limiting the scope,
21 nature, or extent of the person's practice or the imposition
22 of a fine, without a hearing, if the act or acts charged
23 constitute sufficient grounds for such action under this Act.
24 (b) The Director may temporarily suspend the license of
25 a speech-language pathologist, speech-language pathology
26 assistant, or audiologist without a hearing, simultaneous to
27 the institution of proceedings for a hearing under this Act,
28 if the Director finds that evidence in his or her possession
29 indicates that a speech-language pathologist's,
30 speech-language pathology assistant's, or an audiologist's
31 continuation in practice would constitute an immediate danger
32 to the public. In the event that the Director temporarily
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1 suspends the license of a speech-language pathologist,
2 speech-language pathology assistant, or audiologist without a
3 hearing, a hearing by the Board must be held within 15 days
4 after such suspension has occurred and concluded without
5 appreciable delay.
6 (Source: P.A. 90-69, eff. 7-8-97.)
7 (225 ILCS 110/26) (from Ch. 111, par. 7926)
8 Sec. 26. Confidential Information - Disclosure. In all
9 hearings conducted under this Act, information received,
10 pursuant to law, relating to any information acquired by a
11 speech-language pathologist, speech-language pathology
12 assistant, or audiologist in serving any individual in a
13 professional capacity, and necessary to professionally serve
14 such individual, shall be deemed strictly confidential and
15 shall only be made available, either as part of the record of
16 a hearing hereunder or otherwise;
17 (a) when such record is required, in its entirety, for
18 purposes of judicial review pursuant to this Act; or
19 (b) upon the express, written consent of the individual
20 served, or in the case of his or her death or disability, the
21 consent of his or her personal representative.
22 (Source: P.A. 85-1391.)
23 (225 ILCS 110/27) (from Ch. 111, par. 7927)
24 Sec. 27. Reports of Violations. Any person licensed
25 under this Act, or any other person, may report to the
26 Department any information such person may have which appears
27 to show that a speech-language pathologist, speech-language
28 pathology assistant, or audiologist is or may be in violation
29 of any of the provisions of this Act.
30 (Source: P.A. 85-1391.)
31 (225 ILCS 110/28) (from Ch. 111, par. 7928)
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1 Sec. 28. Injunction. The practice of speech-language
2 pathology or audiology by any person not holding a valid and
3 current license under this Act or a person performing the
4 functions and duties of a speech-language pathology assistant
5 without a valid and current license under this Act, is
6 declared to be inimical to the public welfare, to constitute
7 a public nuisance, and to cause irreparable harm to the
8 public welfare. The Director, the Attorney General, the
9 State's attorney of any county in the State or any person may
10 maintain an action in the name of the People of the State of
11 Illinois, and may apply for an injunction in any circuit
12 court to enjoin any such person from engaging in such
13 practice. Upon the filing of a verified petition in such
14 court, the court or any judge thereof, if satisfied by
15 affidavit, or otherwise, that such person has been engaged in
16 such practice without a valid and current license, may issue
17 a temporary injunction without notice or bond, enjoining the
18 defendant from any such further practice. Only the showing of
19 nonlicensure, by affidavit or otherwise, is necessary in
20 order for a temporary injunction to issue. A copy of the
21 verified complaint shall be served upon the defendant and the
22 proceedings shall thereafter be conducted as in other civil
23 cases except as modified by this Section. If it is
24 established that the defendant has been, or is engaged in any
25 such unlawful practice, the court, or any judge thereof, may
26 enter an order or judgment perpetually enjoining the
27 defendant from further such practice. In all proceedings
28 hereunder, the court, in its discretion, may apportion the
29 costs among the parties interested in the suit, including
30 cost of filing the complaint, service of process, witness
31 fees and expenses, court reporter charges and reasonable
32 attorneys' fees. In case of violation of any injunction
33 issued under the provisions of this Section, the court or any
34 judge thereof may summarily try and punish the offender for
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1 contempt of court. Such injunction proceedings shall be in
2 addition to, and not in lieu of, all penalties and other
3 remedies provided in this Act.
4 (Source: P.A. 90-69, eff. 7-8-97.)
5 (225 ILCS 110/29) (from Ch. 111, par. 7929)
6 Sec. 29. Penalty of unlawful practice - second and
7 subsequent offenses. Any person who practices or offers to
8 practice speech-language pathology or audiology or performs
9 the functions and duties of a speech-language pathology
10 assistant in this State without being licensed for that
11 purpose, or whose license has been suspended or revoked, or
12 who violates any of the provisions of this Act, for which no
13 specific penalty has been provided herein, is guilty of a
14 Class A misdemeanor.
15 Any person who has been previously convicted under any of
16 the provisions of this Act and who subsequently violates any
17 of the provisions of this Act is guilty of a Class 4 felony.
18 In addition, whenever any person is punished as a subsequent
19 offender under this Section, the Director shall proceed to
20 obtain a permanent injunction against such person under
21 Section 29 of this Act.
22 (Source: P.A. 85-1391.)
23 (225 ILCS 110/29.5)
24 Sec. 29.5. Unlicensed practice; civil penalty.
25 (a) Any person who practices, offers to practice,
26 attempts to practice, or holds oneself out to practice
27 speech-language pathology or audiology or performs the
28 functions and duties of a speech-language pathology assistant
29 without being licensed under this Act shall, in addition to
30 any other penalty provided by law, pay a civil penalty to the
31 Department in an amount not to exceed $5,000 for each offense
32 as determined by the Department. The civil penalty shall be
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1 assessed by the Department after a hearing is held in
2 accordance with the provisions set forth in this Act
3 regarding the provision of a hearing for the discipline of a
4 licensee.
5 (b) The Department has the authority and power to
6 investigate any and all unlicensed activity.
7 (c) The civil penalty shall be paid within 60 days after
8 the effective date of the order imposing the civil penalty.
9 The order shall constitute a judgment and may be filed and
10 execution had thereon in the same manner as any judgment from
11 any court of record.
12 (Source: P.A. 90-69, eff. 7-8-97.)
13 (225 ILCS 110/31a)
14 Sec. 31a. Advertising services. A speech-language
15 pathologist or audiologist licensee shall include in every
16 advertisement for services regulated under this Act his or
17 her title as it appears on the license or the initials
18 authorized under this Act.
19 (Source: P.A. 91-310, eff. 1-1-00.)