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225 ILCS 110/ Illinois Speech-Language Pathology and Audiology Practice Act.

    (225 ILCS 110/1)(from Ch. 111, par. 7901)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. Short title. This Act may be cited as the Illinois Speech‑Language Pathology and Audiology Practice Act.
(Source: P.A. 85‑1391; 86‑1475.)

    (225 ILCS 110/2)(from Ch. 111, par. 7902)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 2. Legislative Declaration of Public Policy. The practice of Speech‑Language Pathology and Audiology in the State of Illinois is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the speech‑language pathology and audiology professions merit and receive the confidence of the public and that only qualified persons be permitted to practice this profession in the State of Illinois. This Act shall be liberally construed to carry out these objectives and purposes.
    It is further declared to be the public policy of this State, pursuant to subsections (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act.
(Source: P.A. 85‑1391.)

    (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    (Section scheduled to be repealed on January 1, 2018)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. 95‑465, eff. 8‑27‑07; 96‑719, eff. 8‑25‑09.)

    (225 ILCS 110/3.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3.5. Exemptions. This Act does not prohibit:
        (a) The practice of speech‑language pathology or

audiology by students in their course of study in programs approved by the Department when acting under the direction and supervision of licensed speech‑language pathologists or audiologists.

(b) The performance of any speech‑language pathology

service by a speech‑language pathology assistant or a speech‑language pathology paraprofessional if such service is performed under the supervision and full responsibility of a licensed speech‑language pathologist. A speech language pathology assistant may perform only those duties authorized by Section 8.7 under the supervision of a speech‑language pathologist as provided in Section 8.8.

(b‑5) The performance of an audiology service by an

appropriately trained person if that service is performed under the supervision and full responsibility of a licensed audiologist.

(c) The performance of audiometric testing for the

purpose of industrial hearing conservation by an audiometric technician certified by the Council of Accreditation for Occupational Hearing Conservation (CAOHC).

(d) The performance of an audiometric screening by

an audiometric screenings technician certified by the Department of Public Health.

(e) The selling or practice of fitting, dispensing,

or servicing hearing instruments by a hearing instrument dispenser licensed under the Hearing Instrument Consumer Protection Act.

(f) A person licensed in this State under any other

Act from engaging in the practice for which he or she is licensed.

(g) The performance of vestibular function testing

by an appropriately trained person under the supervision of a physician licensed to practice medicine in all its branches.

(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/4)(from Ch. 111, par. 7904)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall exercise the following functions, powers and duties:
    (a) Conduct or authorize examinations to ascertain the fitness and qualifications of applicants for license and issue licenses to those who are found to be fit and qualified.
    (b) Prescribe rules and regulations for a method of examination of candidates.
    (c) Prescribe rules and regulations defining what shall constitute an approved school, college or department of a university, except that no school, college or department of a university that refuses admittance to applicants solely on account of race, color, creed, sex or national origin shall be approved.
    (d) Conduct hearings on proceedings to revoke, suspend, or refusal to issue such licenses.
    (e) Promulgate rules and regulations required for the administration of this Act.
    (f) Discipline the supervisor of a graduate audiology or speech‑language pathology student as provided in this Act for a violation by the graduate audiology or speech‑language pathology student.
(Source: P.A. 94‑528, eff. 8‑10‑05.)

    (225 ILCS 110/5)(from Ch. 111, par. 7905)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 5. Board of Speech‑Language Pathology and Audiology. There is created a Board of Speech‑Language Pathology and Audiology to be composed of persons designated from time to time by the Secretary, as follows:
        (a) Five persons, 2 of whom have been licensed

speech‑language pathologists for a period of 5 years or more, 2 of whom have been licensed audiologists for a period of 5 years or more, and one public member. The board shall annually elect a chairperson and a vice‑chairperson.

(b) Terms for all members shall be for 3 years. A

member shall serve until his or her successor is appointed and qualified. Partial terms over 2 years in length shall be considered as full terms. A member may be reappointed for a successive term, but no member shall serve more than 2 full terms.

(c) The membership of the Board should reasonably

reflect representation from the various geographic areas of the State.

(d) In making appointments to the Board, the

Secretary shall give due consideration to recommendations by organizations of the speech‑language pathology and audiology professions in Illinois, including the Illinois Speech‑Language‑Hearing Association and the Illinois Academy of Audiology, and shall promptly give due notice to such organizations of any vacancy in the membership of the Board. The Secretary may terminate the appointment of any member for any cause, which in the opinion of the Secretary, reasonably justifies such termination.

(e) A majority of the Board members currently

appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Board.

(f) The members of the Board may each receive as

compensation a reasonable sum as determined by the Secretary for each day actually engaged in the duties of the office, and all legitimate and necessary expenses incurred in attending the meetings of the Board.

(g) Members of the Board shall be immune from suit

in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.

(h) The Secretary may consider the recommendations

of the Board in establishing guidelines for professional conduct, the conduct of formal disciplinary proceedings brought under this Act, and qualifications of applicants. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations made in the response. The Department, at any time, may seek the expert advice and knowledge of the Board on any matter relating to the administration or enforcement of this Act.

(i) Whenever the Secretary is satisfied that

substantial justice has not been done either in an examination or in the revocation, suspension, or refusal of a license, or other disciplinary action relating to a license, the Secretary may order a reexamination or rehearing.

(Source: P.A. 94‑528, eff. 8‑10‑05; 95‑465, eff. 8‑27‑07.)

(225 ILCS 110/6) (from Ch. 111, par. 7906)     Sec. 6. (Repealed). (Source: P.A. 85‑1391. Repealed by P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/7)(from Ch. 111, par. 7907)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7. Licensure requirement.
    (a) Except as provided in subsection (b), on or after June 1, 1989, no person shall practice speech‑language pathology or audiology without first applying for and obtaining a license for such purpose from the Department. Except as provided in this Section, on or after January 1, 2002, no person shall perform the functions and duties of a speech‑language pathology assistant without first applying for and obtaining a license for that purpose from the Department.
    (b) A person holding a regular license to practice speech‑language pathology or audiology under the laws of another state, a territory of the United States, or the District of Columbia who has made application to the Department for a license to practice speech‑language pathology or audiology may practice speech‑language pathology or audiology without a license for 90 days from the date of application or until disposition of the license application by the Department, whichever is sooner, if the person (i) holds a Certificate of Clinical Competence from the American Speech‑Language‑Hearing Association in speech‑language pathology or audiology or, in the case of an audiologist, a certificate from the American Board of Audiology and (ii) has not been disciplined and has no disciplinary matters pending in a state, a territory, or the District of Columbia.
    A person applying for an initial license to practice audiology who is a recent graduate of a Department‑approved audiology program may practice as an audiologist for a period of 60 days after the date of application or until disposition of the license application by the Department, whichever is sooner, provided that he or she meets the applicable requirements of Section 8 of this Act.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/7.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7.1. Graduate audiology students. Graduate students enrolled in a program of audiology in an accredited college or university may engage in the dispensing of hearing instruments as a part of a program of audiology without a license under the supervision of an audiologist licensed under this Act.
    The supervisor and the supervisor's employer shall be jointly and severally liable for any acts of the student relating to the practice of fitting or dispensing hearing instruments as defined in the rules promulgated under this Act.
(Source: P.A. 94‑528, eff. 8‑10‑05.)

    (225 ILCS 110/7.2)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 7.2. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

(225 ILCS 110/7.5)     Sec. 7.5. (Repealed). (Source: P.A. 89‑474, eff. 6‑18‑96. Repealed by P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/8)(from Ch. 111, par. 7908)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8. Qualifications for licenses to practice speech‑language pathology or audiology. The Department shall require that each applicant for a license to practice speech‑language pathology or audiology shall:
        (a) (Blank);
        (b) be at least 21 years of age;
        (c) not have violated any provisions of Section 16

of this Act;

(d) for a license as a speech‑language pathologist,

present satisfactory evidence of receiving a master's or doctoral degree in speech‑language pathology from a program approved by the Department. Nothing in this Act shall be construed to prevent any program from establishing higher standards than specified in this Act;

(d‑5) for a license as an audiologist, present

satisfactory evidence of having received a master's or doctoral degree in audiology from a program approved by the Department; however, an applicant for licensure as an audiologist whose degree was conferred on or after January 1, 2008, must present satisfactory evidence of having received a doctoral degree in audiology from a program approved by the Department;

(e) pass a national examination recognized by the

Department in the theory and practice of the profession;

(f) for a license as a speech‑language pathologist,

have completed the equivalent of 9 months of supervised experience; and

(g) for a license as an audiologist, have completed a

minimum of 1,500 clock hours of supervised experience or present evidence of a Doctor of Audiology (AuD) degree.

Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. (Source: P.A. 94‑528, eff. 8‑10‑05; 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/8.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8.1. Temporary license. On and after July 1, 2005, a person who has met the requirements of items (a) through (e) of Section 8 and intends to undertake supervised professional experience as a speech‑language pathologist, as required by subsection (f) of Section 8 and the rules adopted by the Department, must first obtain a temporary license from the Department. A temporary license may be issued by the Department only to an applicant pursuing licensure as a speech‑language pathologist in this State. A temporary license shall be issued to an applicant upon receipt of the required fee as set forth by rule and documentation on forms prescribed by the Department certifying that his or her professional experience will be supervised by a licensed speech‑language pathologist. A temporary license shall be issued for a period of 12 months and may be renewed only once for good cause shown.
    A person who has completed the course and clinical curriculum required to receive a master's degree in speech‑language pathology, as minimally required under subsection (d) of Section 8 of this Act for a license to practice speech‑language pathology, but who has not yet been conferred the master's degree, may make application to the Department for a temporary license under this Section and may begin his or her supervised professional experience as a speech‑language pathologist without a temporary license for 120 days from the date of application or until disposition of the license application by the Department, whichever is sooner.
(Source: P.A. 93‑112, eff. 1‑1‑04; 93‑1060, eff. 12‑23‑04; 94‑1082, eff. 1‑19‑07.)

    (225 ILCS 110/8.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8.5. Qualifications for licenses as a speech‑language pathology assistant. A person is qualified to be licensed as a speech‑language pathology assistant if that person has applied in writing on forms prescribed by the Department, has paid the required fees, and meets both of the following criteria:
        (1) Is of good moral character. In determining

moral character, the Department may take into consideration any felony conviction or plea of guilty or nolo contendere of the applicant, but such a conviction or plea shall not operate automatically as a complete bar to licensure.

(2) Has received an associate degree from a

speech‑language pathology assistant program that has been approved by the Department and that meets the minimum requirements set forth in Section 8.6.

(Source: P.A. 94‑869, eff. 6‑16‑06; 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/8.6)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8.6. Minimum requirements for speech‑language pathology assistant programs.
    (a) An applicant for licensure as a speech‑language pathology assistant must have earned 60 semester credit hours in a program of study that includes general education and the specific knowledge and skills for a speech‑language pathology assistant. The curriculum of a speech‑language pathology assistant program must include all of the following content, as further provided by rule promulgated by the Department:
        (1) Twenty‑four semester credit hours in general

education.

(2) Thirty‑six semester credit hours in technical

content areas designed to provide students with knowledge and skills required for speech‑language pathology assistants, which must include (i) an overview of normal processes of communication; (ii) an overview of communication disorders; (iii) instruction in speech‑language pathology assistant‑level service delivery practices; (iv) instruction in workplace behaviors; (v) cultural and linguistic factors in communication; and (vi) observation.

(3) Completion of at least 100 hours of supervised

field work experiences supervised by a licensed speech‑language pathologist at least 50% of the time when the student is engaged in contact with the patient or client. An applicant must obtain written verification demonstrating successful completion of the required field work experience, including a description of the setting in which the training was received and an assessment of the student's technical proficiency.

(b) The Department may promulgate rules that change the curriculum requirements of subsection (a) in order to reflect the guidelines for speech‑language pathology assistant programs recommended by the American Speech‑Language Hearing Association.     (c) Any applicant for licensure as a speech‑language pathology assistant who applies to the Department prior to the effective date of this amendatory Act of the 96th General Assembly or any person who holds a valid license as a speech‑language pathology assistant on the effective date of this amendatory Act shall not be required to meet the new minimum requirements for a speech language pathology assistant program under subsection (a) of this Section 8.6 that are established by this amendatory Act. (Source: P.A. 96‑1315, eff. 7‑27‑10.)

    (225 ILCS 110/8.7)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8.7. Duties of speech‑language pathology assistants.
    (a) The scope of responsibility of speech‑language pathology assistants shall be limited to supplementing the role of a speech‑language pathologist in implementing the treatment program established by the speech‑language pathologist. The functions and duties of a speech‑language pathology assistant shall be:
        (1) conducting speech‑language screening, without

interpretation, and using screening protocols developed by the supervising speech‑language pathologist;

(2) providing direct treatment assistance to

patients or clients, if authorized by and under the supervision of a speech‑language pathologist;

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