Public Act 096-0719
 		





SB1483 Enrolled
LRB096 07510 ASK 17603 b






    AN ACT concerning professional regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:





 
    Section 5. The Illinois Speech-Language Pathology and

Audiology Practice Act is amended  by changing Section 3 and by 
adding Section 9.3 as follows:
 



    (225 ILCS 110/3)  (from Ch. 111, par. 7903)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 3. Definitions. The following words and phrases shall 
have the
meaning ascribed to them in this Section unless the 
context clearly indicates
otherwise:

    (a) "Department" means the Department of Financial and

Professional
Regulation.

    (b) "Secretary" means the Secretary of Financial and 
Professional Regulation.

    (c) "Board" means the Board of Speech-Language Pathology 
and Audiology
established under Section 5 of this Act.

    (d) "Speech-Language Pathologist" means a person who has 
received a
license pursuant to this Act and who engages in the 
practice
of speech-language pathology.

    (e) "Audiologist" means a person who has received a license 
pursuant to this
Act and who engages in the practice of 
audiology.

    (f) "Public member" means a person who is not a health 
professional.
For purposes of board membership, any person with 
a significant financial
interest in a health service or 
profession is not a public member.

    (g) "The practice of audiology" is the application of 
nonmedical methods
and procedures for the identification, 
measurement, testing,
appraisal, prediction, habilitation, 
rehabilitation, or instruction
related to hearing
and 
disorders of hearing.  These procedures are for the
purpose of 
counseling, consulting and rendering or offering to render

services or for participating in the planning, directing or 
conducting of
programs that are designed to modify 
communicative disorders
involving
speech, language or auditory 
function related to hearing loss.
The practice of audiology may 
include, but shall not be limited to, the
following:


        (1) any task, procedure, act, or practice that is 
    necessary for the
evaluation of hearing or
vestibular 
    function;


        (2) training in the use of amplification devices;
 
        (3) the fitting, dispensing, or servicing of hearing 
    instruments; and


        (4) performing basic speech and language screening 
    tests and procedures
consistent with audiology training.

    (h) "The practice of speech-language pathology" is the 
application of
nonmedical methods and procedures for the 
identification,
measurement, testing, appraisal, prediction, 
habilitation, rehabilitation,
and modification related to 
communication development, and disorders or
disabilities of 
speech, language, voice, swallowing, and other speech,

language and voice related disorders.  These procedures are for 
the
purpose of counseling, consulting and rendering or offering 
to render
services, or for participating in the planning, 
directing or conducting of
programs that are designed to modify 
communicative disorders and
conditions in individuals or 
groups of individuals involving speech,
language, voice and 
swallowing function.

    "The practice of speech-language pathology" shall include, 
but
shall not be
limited to, the following:


        (1) hearing screening tests and aural rehabilitation 
    procedures
consistent with speech-language pathology 
    training;


        (2) tasks, procedures, acts or practices that are 
    necessary for the
evaluation of, and training in the use 
    of, augmentative communication
systems, communication 
    variation, cognitive rehabilitation, non-spoken
language 
    production and comprehension; and .

        (3) the use of rigid or flexible laryngoscopes for the 
    sole purpose of observing and obtaining images of the 
    pharynx and larynx in accordance with Section 9.3 of this 
    Act.
    (i) "Speech-language pathology assistant" means a person 
who has received
a license pursuant to this Act to assist a 
speech-language
pathologist in the manner provided in this Act.

    (j) "Physician" means a physician licensed to practice 
medicine in all its branches under the Medical Practice Act of 
1987. 
(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)

 
    (225 ILCS 110/9.3 new)

    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9.3. Requirements for the use of laryngoscopes. 
    (a) A speech-language pathologist may perform an 
endoscopic procedure using a rigid laryngoscope for the sole 
purpose of observing and obtaining images of the pharynx and 
larynx if all of the following requirements have been met:
        (1) The speech-language pathologist has observed 5 
    procedures performed by either (i) a physician who has been 
    granted hospital privileges to perform these procedures or 
    (ii) a speech-language pathologist who has met the 
    requirements of items (1), (2), and (5) of this subsection 
    (a) in a licensed health care facility or  a clinic 
    affiliated with a hospital, university, college, or 
    ASHA-approved continuing education course that has 
    emergency medical backup and a physician available or in 
    the office of a physician who is available or in the office 
    of a speech-language pathologist provided that he or she 
    maintains cardiopulmonary resuscitation (CPR) 
    certification.
        (2) The speech-language pathologist has successfully 
    performed 10 procedures under the direct supervision of a 
    physician who has been granted hospital privileges to 
    perform these procedures; provided, however, that the 
    physician may delegate the supervision of the procedures to 
    a speech-language pathologist who has met the requirements 
    of this subsection (a) or subsection (c) of this Section.  
    The supervising physician shall provide written 
    verification that the speech-language pathologist in 
    training has successfully completed the requirements of 
    this item (2) demonstrating the ability to perform these 
    procedures. The speech-language pathologist shall have 
    this written verification on file and readily available for 
    inspection upon request by the Board.
         (3) If the   patient has a voice disorder or vocal cord 
    dysfunction, he or she must be examined by a physician who 
    has been granted hospital privileges to perform these 
    procedures and the speech-language pathologist must have 
    received from that physician a written referral and direct 
    authorization to perform the procedure.
        (4) If the  patient has a swallowing disorder or a 
    velopharyngeal disorder, he or she must be examined by a 
    physician licensed to practice medicine in all its branches 
    and the speech-language pathologist must have received 
    from that physician a written referral and direct 
    authorization to perform the procedure. 
        (5) The speech-language pathologist has completed a 
    hands-on university or college course, or a hands-on 
    seminar or workshop in endoscopy as a technique for 
    investigating speech and swallowing, which qualifies for 
    continuing education credit with the American 
    Speech-Language-Hearing Association (ASHA).
        (6)   The speech-language pathologist must send a 
    written report or recorded copy of the observations 
    recorded during an evaluation to the referring physician, 
    and if the speech-language pathologist performs any 
    procedure and observes an abnormality or the possibility of 
    a condition that requires medical attention, the 
    speech-language pathologist shall immediately refer the 
    patient to the referring physician for examination.
        (7) In no instance may the speech-language pathologist 
    use a laryngoscope to perform any procedure that disrupts 
    living tissue.
        (8) The speech-language pathologist is using  the rigid 
    laryngoscope in (i) a licensed healthcare facility or 
    clinic affiliated with a hospital, university, college, or 
    ASHA-approved continuing education course that has 
    emergency medical back-up and a physician available, (ii) 
    an office of a physician who is available, or  (iii) in the 
    speech language pathologist's office provided that  he or 
    she maintains cardiopulmonary resuscitation (CPR) 
    certification. 
    (b) A speech-language pathologist may use a flexible 
laryngoscope for the sole purpose of observing and obtaining 
images of the pharynx and larynx if all of the following 
requirements have been met: 
        (1) The speech-language pathologist has observed 10 
    procedures performed by either (i) a physician who has been 
    granted hospital privileges to perform these procedures or 
    (ii) a speech-language pathologist who has met the 
    requirements of items (1), (2), and (6) of this subsection 
    (b) in a licensed health care facility or  a clinic 
    affiliated with a hospital, university, college, or 
    ASHA-approved continuing education course that has 
    emergency medical back-up and a physician available or in 
    the office of a physician who is available.
        (2) The speech-language pathologist has successfully 
    performed 25 procedures under the direct supervision of a 
    physician who has been granted hospital privileges to 
    perform these procedures; provided, however, that the 
    physician may delegate the supervision of the procedures to 
    a speech-language pathologist who has met the requirements 
    of this subsection (b) or subsection (c) of this Section.  
    The supervising physician shall provide written 
    verification that the speech-language pathologist in 
    training has successfully completed the requirements of 
    this item (2) demonstrating the ability to perform these 
    procedures. The speech-language pathologist shall have 
    this written verification on file and readily available for 
    inspection upon request by the Board.
        (3) The observation of the patient's function must take 
    place (i) under the supervision of a physician and (ii) in 
    a licensed health care facility or a clinic affiliated with 
    a hospital, university, or college that has emergency 
    medical backup and a physician available or in the office 
    of a physician who is available.
         (4) If the   patient has a voice disorder or vocal cord 
    dysfunction, he or she must be examined by a physician 
    licensed to practice medicine in all its branches who has 
    been granted hospital privileges to perform these 
    procedures and the speech-language pathologist must have 
    received from that physician a written referral and direct 
    authorization to perform the procedure.
        (5) If the  patient has a swallowing disorder or a 
    velopharyngeal disorder, he or she must be examined by a 
    physician licensed to practice medicine in all its branches 
    and the speech-language pathologist must have received 
    from that physician a written referral and direct 
    authorization to perform the procedure. 
        (6) The speech-language pathologist has completed a 
    hands-on university or college course, or a hands-on 
    seminar or workshop in endoscopy as a technique for 
    investigating speech and swallowing, which qualifies for 
    continuing education credit with the American 
    Speech-Language-Hearing Association (ASHA).
        (7)   The speech-language pathologist must send a 
    written report or recorded copy of the observations 
    recorded during an evaluation to the referring physician, 
    and if the speech-language pathologist performs any 
    procedure and observes an abnormality or the possibility of 
    a condition that requires medical attention, the 
    speech-language pathologist shall immediately refer the 
    patient to the referring physician for examination.
        (8) In no instance may the speech-language pathologist 
    use a laryngoscope to perform any procedure that disrupts 
    living tissue.
    (c) A speech-language pathologist seeking to use both a 
rigid laryngoscope and a flexible laryngoscope for the sole 
purpose of observing and obtaining images of the pharynx and 
larynx shall be exempt from meeting the separate requirements 
of items (1) and (2) of subsection (a) and items (1) and (2) of 
subsection (b), if he or she meets the requirements of items 
(3) through (8) of subsection (a), items (3) through (8) of 
subsection (b), and the following: 
        (1) The speech-language pathologist has observed 15 
    procedures performed by either (i) a physician who has been 
    granted hospital privileges to perform these procedures or 
    (ii) a speech-language pathologist who has met the 
    requirements of items (1), (2), and (6) of subsection (b) 
    in a licensed health care facility or  a clinic affiliated 
    with a hospital, university, college, or ASHA-approved 
    continuing education course that has emergency medical 
    back-up and a physician available or in the office of a 
    physician who is available.
        (2) The speech-language pathologist has successfully 
    performed 30 procedures, at least 20 of which must be with 
    a flexible  laryngoscope and at least 5 of which must be 
    with a rigid laryngoscope, under the direct supervision of 
    a physician who has been granted hospital privileges to 
    perform these procedures; provided, however, that the 
    physician may delegate the supervision of the procedures to 
    a speech-language pathologist who has met the requirements 
    of subsection (a) or (c) of this Section in the case of a 
    rigid laryngoscope or subsection (b) or (c) of this Section 
    in the case of a flexible laryngoscope.  The supervising 
    physician shall provide written verification that the 
    speech-language pathologist in training has successfully 
    completed the requirements of this item (2) demonstrating 
    the ability to perform these procedures. The 
    speech-language pathologist shall have this written 
    verification on file and readily available for inspection 
    upon request by the Board.
    (d) The requirements of this Section 9.3 shall not apply to 
the practice of speech-language pathologists in a hospital or 
hospital affiliate. In order to practice in a hospital or 
hospital affiliate, a speech-language pathologist must possess 
clinical privileges for flexible or rigid laryngoscope 
procedures recommended by the hospital or hospital affiliate 
medical staff and approved by the hospital or hospital 
affiliate governing body. 
    (e) Nothing in this Section shall be construed to authorize 
a medical diagnosis. 
    (f) Nothing in this Section shall preclude the use of a 
rigid or flexible laryngoscope for the purpose of training or 
research done in conjunction with a speech-language pathology 
program accredited by the Council for Academic Accreditation, 
provided that (i) emergency medical backup is available when 
flexible laryngoscopy is performed and (ii) such training or 
research is performed with the participation of either a 
physician who has been granted hospital privileges to perform 
these procedures or a speech-language pathologist who has met 
the requirements of items (1), (2), and (5) of subsection (a) 
of this Section, items (1), (2), and (6) of subsection (b) of 
this Section, or subsection (c) of this Section, whichever is 
applicable.
    (g) Nothing in this Section shall be construed to allow a 
speech-language pathologist to use an anesthetic without 
specific physician authorization included in the patient 
referral. 


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.



Effective Date:  8/25/2009