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2005 Illinois Code - Chapter 225 Professions And Occupations 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    (Section scheduled to be repealed on January 1, 2008)
    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    (Section scheduled to be repealed on January 1, 2008)
    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    (Section scheduled to be repealed on January 1, 2008)
    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 Professional Regulation.
    (b) "Director" means the Director of 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.
    (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.
(Source: P.A. 94‑528, eff. 8‑10‑05.)

    (225 ILCS 110/3.5)
    (Section scheduled to be repealed on January 1, 2008)
    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, 2008)
    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, 2008)
    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 Director, 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.
    
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
    
Director 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 Director may terminate the appointment of any member for any cause, which in the opinion of the Director, 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 shall each receive as
    
compensation a reasonable sum as determined by the Director 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 Director 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 Director 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 Director may order a reexamination or rehearing.
(Source: P.A. 94‑528, eff. 8‑10‑05.)

    (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, 2008)
    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.
(Source: P.A. 92‑510, eff. 6‑1‑02; 93‑112, eff. 1‑1‑04.)

    (225 ILCS 110/7.1)
    (Section scheduled to be repealed on January 1, 2008)
    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, 2008)
    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, 2008)
    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) present satisfactory evidence of receiving a
    
master's or doctoral degree in speech‑language pathology or audiology 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;
        (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.
    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.)

    (225 ILCS 110/8.1)
    (Section scheduled to be repealed on January 1, 2008)
    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.
(Source: P.A. 93‑112, eff. 1‑1‑04; 93‑1060, eff. 12‑23‑04.)

    (225 ILCS 110/8.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 8.5. Qualifications for licenses as a speech‑language pathology assistant.
    (a) 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 of the applicant, but such a conviction 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 or has received, prior to June 1, 2003, an associate degree from a speech‑language pathology assistant program approved by the Illinois Community College Board.
    (b) Until July 1, 2005, a person holding a bachelor's
    
level degree in communication disorders who was employed to assist a speech‑language pathologist on June 1, 2002 (the effective date of P.A. 92‑510) shall be eligible to receive a license as a speech‑language pathology assistant from the Department upon completion of forms prescribed by the Department and the payment of the required fee.
(Source: P.A. 93‑1060, eff. 12‑23‑04; 94‑869, eff. 6‑16‑06.)

    (225 ILCS 110/8.6)
    (Section scheduled to be repealed on January 1, 2008)
    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) Thirty‑six semester credit hours in general
    
education.
        (2) Twenty‑four 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.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/8.7)
    (Section scheduled to be repealed on January 1, 2008)
    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;
        (3) following and implementing documented treatment
    
plans or protocols developed by a supervising speech‑language pathologist;
        (4) documenting patient or client progress toward
    
meeting established objectives and reporting the information to a supervising speech‑language pathologist;
        (5) assisting a speech‑language pathologist during
    
assessments, including, but not limited to, assisting with formal documentation, preparing materials, and performing clerical duties for a supervising speech‑language pathologist;
        (6) acting as an interpreter for non‑English
    
speaking patients or clients and their family members when competent to do so;
        (7) scheduling activities and preparing charts,
    
records, graphs, and data;
        (8) performing checks and maintenance of equipment,
    
including, but not limited to, augmentative communication devices; and
        (9) assisting with speech‑language pathology
    
research projects, in‑service training, and family or community education;
    (b) A speech‑language pathology assistant may not:
        (1) perform standardized or nonstandardized
    
diagnostic tests or formal or informal evaluations or interpret test results;
        (2) screen or diagnose patients or clients for
    
feeding or swallowing disorders;
        (3) participate in parent conferences, case
    
conferences, or any interdisciplinary team without the presence of the supervising speech‑language pathologist;
        (4) provide patient or client or family counseling;
        (5) write, develop, or modify a patient's or
    
client's individualized treatment plan;
        (6) assist with patients or clients without
    
following the individualized treatment plan prepared by the supervising speech‑language pathologist;
        (7) sign any formal documents such as treatment
    
plans, reimbursement forms, or reports;
        (8) select patients or clients for services;
        (9) discharge a patient or client from services;
        (10) disclose clinical or confidential information,
    
either orally or in writing, to anyone other than the supervising speech‑language pathologist;
        (11) make referrals for additional services;
        (12) counsel or consult with the patient or client,
    
family, or others regarding the patient's or client's status or service;
        (13) represent himself or herself to be a
    
speech‑language pathologist;
        (14) use a checklist or tabulate results of feeding
    
or swallowing evaluations; or
        (15) demonstrate swallowing strategies or
    
precautions to patients, family, or staff.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/8.8)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 8.8. Supervision of speech‑language pathology assistants.
    (a) A speech‑language pathology assistant shall practice only under the supervision of a speech‑language pathologist who has at least 2 years experience in addition to the supervised professional experience required under subsection (f) of Section 8 of this Act. A speech‑language pathologist who supervises a speech‑language pathology assistant must have completed at least 10 clock hours of training in the supervision of speech‑language pathology assistants. The Department shall promulgate rules describing the supervision training requirements. The rules may allow a speech‑language pathologist to apply to the Board for an exemption from this training requirement based upon prior supervisory experience.
    (b) A speech‑language pathology assistant must be under the direct supervision of a speech‑language pathologist at least 30% of the speech‑language pathology assistant's actual patient or client contact time per patient or client during the first 90 days of initial employment as a speech‑language pathology assistant. Thereafter, a speech‑language pathology assistant must be under the direct supervision of a speech‑language pathologist at least 20% of the speech‑language pathology assistant's actual patient or client contact time per patient or client. Supervision of a speech‑language pathology assistant beyond the minimum requirements of this subsection may be imposed at the discretion of the supervising speech‑language pathologist. A supervising speech‑language pathologist must be available to communicate with a speech‑language pathology assistant whenever the assistant is in contact with a patient or client.
    (c) A speech‑language pathologist that supervises a speech‑language pathology assistant must document direct supervision activities. At a minimum, supervision documentation must provide (i) information regarding the quality of the speech‑language pathology assistant's performance of assigned duties, and (ii) verification that clinical activity is limited to duties specified in Section 8.7.
    (d) A full‑time speech‑language pathologist may supervise no more than 2 speech‑language pathology assistants. A speech‑language pathologist that does not work full‑time may supervise no more than one speech‑language pathology assistant.
    (e) For purposes of this Section, "direct supervision" means on‑site, in‑view observation and guidance by a speech‑language pathologist while an assigned activity is performed by the speech‑language pathology assistant.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/9) (from Ch. 111, par. 7909)
    Sec. 9. (Repealed).
(Source: P.A. 85‑1391. Repealed by P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/9.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 9.5. Practice by corporations. No license shall be issued by the Department to any corporation, the stated purpose of which includes or that practices or holds itself out as available to practice speech‑language pathology or audiology, unless it is organized under the provisions of the Professional Service Corporation Act.
(Source: P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/10) (from Ch. 111, par. 7910)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 10. List of speech‑language pathologists and audiologists. The Department shall maintain a list of the names and addresses of the speech‑language pathologists, speech‑language pathology assistants, and audiologists. Such lists shall also be mailed by the Department to any person upon request and payment of the required fee.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/11) (from Ch. 111, par. 7911)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 11. Expiration, renewal and restoration of licenses.
    (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. A speech‑language pathologist, speech‑language pathology assistant, or audiologist may renew such license during the month preceding the expiration date thereof by paying the required fee.
    (a‑5) All renewal applicants shall provide proof of having met the continuing education requirements set forth in the rules of the Department. At a minimum, the rules shall require a renewal applicant for licensure as a speech‑language pathologist or audiologist to provide proof of completing at least 20 clock hours of continuing education during the 2‑year licensing cycle for which he or she is currently licensed. An audiologist who has met the continuing education requirements of the Hearing Instrument Consumer Protection Act during an equivalent licensing cycle under this Act shall be deemed to have met the continuing education requirements of this Act. At a minimum, the rules shall require a renewal applicant for licensure as a speech‑language pathology assistant to provide proof of completing at least 10 clock hours of continuing education during the 2‑year period for which he or she currently holds a license. The Department shall provide by rule for an orderly process for the reinstatement of licenses that have not been renewed for failure to meet the continuing education requirements. The continuing education requirements may be waived in cases of extreme hardship as defined by rule of the Department.
    The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continuing education certificates with the Department, or by other means established by the Department.
    (b) Inactive status.
        (1) Any licensee who notifies the Department in
    
writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.
        (2) Any licensee requesting restoration from
    
inactive status shall be required to (i) pay the current renewal fee; and (ii) demonstrate that he or she has obtained the equivalent of 20 hours of continuing education if the licensee has been inactive for 5 years or more.
        (3) Any licensee whose license is in an inactive
    
status shall not practice in the State of Illinois without first restoring his or her license.
        (4) Any licensee who shall engage in the practice
    
while the license is lapsed or inactive shall be considered to be practicing without a license which shall be grounds for discipline under Section 16 of this Act.
    (c) Any speech‑language pathologist, speech‑language pathology assistant, or audiologist whose license has expired may have his or her license restored at any time within 5 years after the expiration thereof, upon payment of the required fee.
    (d) Any person whose license has been expired for 5 years or more may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active lawful practice in another jurisdiction, and by paying the required restoration fee. A person practicing on an expired license is deemed to be practicing without a license.
    (e) If a person whose license has expired has not maintained active practice in another jurisdiction, the Department shall determine, by an evaluation process established by rule, his or her fitness to resume active status and may require the person to complete a period of evaluated clinical experience, and may require successful completion of an examination.
    (f) Any person whose license has expired while he or she has been engaged (1) in federal or State service on active duty, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal or restoration fee, if within 2 years after termination of such service, training or education he or she furnishes the Department with satisfactory proof that he or she has been so engaged and that his or her service, training or education has been so terminated.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/12) (from Ch. 111, par. 7912)
    Sec. 12. (Repealed).
(Source: P.A. 89‑702, eff. 7‑1‑97. Repealed by P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/13) (from Ch. 111, par. 7913)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 13. Licensing applicants from other states.
    Upon payment of the required fee, an applicant who is a speech‑language pathologist, speech‑language pathology assistant, or audiologist licensed under the laws of another state or territory of the United States, shall without examination be granted a license as a speech‑language pathologist, speech‑language pathology assistant, or audiologist by the Department:
    (a) whenever the requirements of such state or territory of the United States were at the date of licensure substantially equal to the requirements then in force in this State; or
    (b) whenever such requirements of another state or territory of the United States together with educational and professional qualifications, as distinguished from practical experience, of the applicant since obtaining a license as speech‑language pathologist, speech‑language pathology assistant, or audiologist in such state or territory of the United States are substantially equal to the requirements in force in Illinois at the time of application for licensure as a speech‑language pathologist, speech‑language pathology assistant, or audiologist.
    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. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/14) (from Ch. 111, par. 7914)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 14. Fees.
    (a) The Department shall provide by rule for a schedule of fees to be paid for licenses by all applicants. The Department shall consult with the Board and consider its recommendations when establishing the schedule of fees and any increase in fees to be paid by license applicants.
    (b) Except as provided in subsection (c) below, the fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration, shall be set by rule and shall be nonrefundable.
    (b‑5) In addition to any fees set by the Department through administrative rule, the Department shall, at the time of licensure and renewal, collect from each licensed audiologist a Hearing Instrument Consumer Protection Fee of $45.
    (c) Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of initial screening to determine eligibility and to provide the examination. Failure to appear for the examination on the scheduled date at the time and place specified, after the application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
(Source: P.A. 90‑69, eff. 7‑8‑97; 91‑932, eff. 1‑1‑01.)

    (225 ILCS 110/14.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 14.5. Deposit of fees and fines. Beginning July 1, 1995, all of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund, with the exception of the Hearing Instrument Consumer Protection Fee provided for in subsection (b‑5) of Section 14, which shall be deposited into the Hearing Instrument Dispenser Licensing and Discipline Fund administered by the Department of Public Health.
(Source: P.A. 91‑932, eff. 1‑1‑01.)

    (225 ILCS 110/15) (from Ch. 111, par. 7915)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15. Returned checks; Penalties. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)

    (225 ILCS 110/16) (from Ch. 111, par. 7916)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 16. Refusal, revocation or suspension of licenses.
    (1) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, censure, reprimand or take other disciplinary action as the Department may deem proper, including fines not to exceed $5,000 for each violation, with regard to any license for any one or combination of the following causes:
        (a) Fraud in procuring the license.
        (b) Habitual intoxication or addiction to the use of
    
drugs.
        (c) Willful or repeated violations of the rules of
    
the Department of Public Health.
        (d) Division of fees or agreeing to split or divide
    
the fees received for speech‑language pathology or audiology services with any person for referring an individual, or assisting in the care or treatment of an individual, without the knowledge of the individual or his or her legal representative.
        (e) Employing, procuring, inducing, aiding or
    
abetting a person not licensed as a speech‑language pathologist or audiologist to engage in the unauthorized practice of speech‑language pathology or audiology.
        (e‑5) Employing, procuring, inducing, aiding, or
    
abetting a person not licensed as a speech‑language pathology assistant to perform the functions and duties of a speech‑language pathology assistant.
        (f) Making any misrepresentations or false promises,
    
directly or indirectly, to influence, persuade or induce patronage.
        (g) Professional connection or association with, or
    
lending his or her name to another for the illegal practice of speech‑language pathology or audiology by another, or professional connection or association with any person, firm or corporation holding itself out in any manner contrary to this Act.
        (h) Obtaining or seeking to obtain checks, money, or
    
any other things of value by false or fraudulent representations, including but not limited to, engaging in such fraudulent practice to defraud the medical assistance program of the Department of Public Aid.
        (i) Practicing under a name other than his or her
    
own.
        (j) Improper, unprofessional or dishonorable conduct
    
of a character likely to deceive, defraud or harm the public.
        (k) Conviction in this or another state of any crime
    
which is a felony under the laws of this State or conviction of a felony in a federal court, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.
        (1) Permitting a person under his or her supervision
    
to perform any function not authorized by this Act.
        (m) A violation of any provision of this Act or
    
rules promulgated thereunder.
        (n) Revocation by another state, the District of
    
Columbia, territory, or foreign nation of a license to practice speech‑language pathology or audiology or a license to practice as a speech‑language pathology assistant in its jurisdiction if at least one of the grounds for that revocation is the same as or the equivalent of one of the grounds for revocation set forth herein.
        (o) Willfully failing to report an instance of
    
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
        (p) Gross or repeated malpractice resulting in
    
injury or death of an individual.
        (q) Willfully making or filing false records or
    
reports in his or her practice as a speech‑language pathologist, speech‑language pathology assistant, or audiologist, including, but not limited to, false records to support claims against the public assistance program of the Illinois Department of Public Aid.
        (r) Professional incompetence as manifested by poor
    
standards of care or mental incompetence as declared by a court of competent jurisdiction.
        (s) Repeated irregularities in billing a third party
    
for services rendered to an individual. For purposes of this Section, "irregularities in billing" shall include:
            (i) reporting excessive charges for the purpose
        
of obtaining a total payment in excess of that usually received by the speech‑language pathologist, speech‑language pathology assistant, or audiologist for the services rendered;
            (ii) reporting charges for services not
        
rendered; or
            (iii) incorrectly reporting services rendered
        
for the purpose of obtaining payment not earned.
        (t) (Blank).
        (u) Violation of the Health Care Worker
    
Self‑Referral Act.
        (v) Physical illness, including but not limited to
    
deterioration through the aging process or loss of motor skill, mental illness, or disability that results in the inability to practice the profession with reasonable judgment, skill, or safety.
        (w) Violation of the Hearing Instrument Consumer
    
Protection Act.
        (x) Failure by a speech‑language pathology assistant
    
and supervising speech‑language pathologist to comply with the supervision requirements set forth in Section 8.8.
        (y) Wilfully exceeding the scope of duties
    
customarily undertaken by speech‑language pathology assistants set forth in Section 8.7 that results in, or may result in, harm to the public.
    (2) The Department shall deny a license or renewal authorized by this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission; however, the Department may issue a license or renewal if the aforementioned persons have established a satisfactory repayment record as determined by the Illinois State Scholarship Commission.
    (3) The entry of an order by a circuit court establishing that any person holding a license under this Act is subject to involuntary admission or judicial admission as provided for in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension of that license. That person may have his or her license restored only upon the determination by a circuit court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient, and upon the Board's recommendation to the Department that the license be restored. Where the circumstances so indicate, the Board may recommend to the Department that it require an examination prior to restoring any license automatically suspended under this subsection.
    (4) The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of the tax penalty or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
    (5) In enforcing this Section, the Board upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Board. The individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of this examination. Failure of any individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
    If the Board finds an individual unable to practice because of the reasons set forth in this Section, the Board may require that individual to submit to care, counseling, or treatment by physicians or clinical psychologists approved or designated by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Board may recommend to the Department to file a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. Any individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Board.
    In instances in which the Director immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Board within 15 days after the suspension and completed without appreciable delay. The Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
    An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 91‑949, eff. 2‑9‑01; 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/16.3)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 16.3. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 94‑577, eff. 1‑1‑06.)

    (225 ILCS 110/16.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 16.5. Advertising. A person licensed under this Act as a speech‑language pathologist or audiologist may advertise the availability of professional services in the public media or on the premises where such professional services are rendered as permitted by law, provided the advertising is truthful and not misleading or deceptive. The Department may adopt rules consistent with this Section.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/17) (from Ch. 111, par. 7917)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17. Investigations; notice of hearing. Upon the motion of either the Department or the Board or upon the verified complaint in writing of any person setting forth facts that if proven would constitute grounds for refusal to issue, suspension, or revocation of a license or for taking any other disciplinary action with regard to a license under this Act, the Department shall investigate the actions of any person, hereinafter called the "licensee", who holds or represents that he or she holds a license. All such motions or complaints shall be brought to the Board.
    The Director shall, before refusing to issue, suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Director may deem proper with regard to any license, at least 30 days prior to the date set for the hearing, notify the licensee in writing of any charges made and the time and place for a hearing of the charges before the Board. The Board shall also direct him to file his or her written answer thereto with the Board under oath within 20 days after the service on him of such notice, and inform him that if he or she fails to file such answer, his or her license may be suspended, revoked, placed on probationary status or other disciplinary action may be taken with regard thereto, including limiting the scope, nature or extent of his or her practice as the Director may deem proper.
    Such written notice and any notice in such proceeding thereafter may be served by delivery personally to the licensee, or by registered or certified mail to the address specified by the licensee in his or her last notification to the Director.
(Source: P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/18) (from Ch. 111, par. 7918)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 18. Disciplinary actions.
    (a) In case the licensee, after receiving notice, fails to file an answer, his or her license may, in the discretion of the Director, having first received the recommendation of the Board, be suspended, revoked, placed on probationary status or the Director may take whatever disciplinary action he or she may deem proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
    (b) The Director may temporarily suspend the license of a speech‑language pathologist, speech‑language pathology assistant, or audiologist without a hearing, simultaneous to the institution of proceedings for a hearing under this Act, if the Director finds that evidence in his or her possession indicates that a speech‑language pathologist's, speech‑language pathology assistant's, or an audiologist's continuation in practice would constitute an immediate danger to the public. In the event that the Director temporarily suspends the license of a speech‑language pathologist, speech‑language pathology assistant, or audiologist without a hearing, a hearing by the Board must be held within 15 days after such suspension has occurred and concluded without appreciable delay.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/19) (from Ch. 111, par. 7919)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 19. Hearings. At the time and place fixed in the notice under Section 17, the Board shall proceed to hear the charges and both the licensee and the complainant shall be accorded ample opportunity to present in person, or by counsel, such statements, testimony, evidence and arguments as may be pertinent to the charges or to any defense thereto. The Board may continue such hearing from time to time. If the Board is not sitting at the time and place fixed in the notice or at the time and place to which the hearing has been continued, the Department shall continue such hearing for a period not to exceed 30 days.
    The Board and Department shall have power to subpoena and bring before the Board any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as is prescribed by law pursuant to "An Act concerning fees and salaries, and to classify the several counties of this State with reference thereto", approved March 28, 1874, as amended.
    The Director and any member of the Board shall have power to administer oaths at any hearing which the Department or Board is authorized by law to conduct.
(Source: P.A. 85‑1391.)

    (225 ILCS 110/20) (from Ch. 111, par. 7920)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 20. Attendance of Witnesses, Production of Documents. Any circuit court, upon the application of the licensee or complainant or of the Department or Board, may order the attendance of witnesses and the production of relevant books and papers before the Board in any hearing relative to the application for or refusal, recall, suspension or revocation of a license. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 85‑1391.)

    (225 ILCS 110/21) (from Ch. 111, par. 7921)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 21. Recommendations for disciplinary action. The Board may advise the Director that probation be granted or that other disciplinary action, including the limitation of the scope, nature or extent of a person's practice, be taken, as it deems proper. If disciplinary action other than suspension or revocation is taken, the Board may advise the Director to impose reasonable limitations and requirements upon the licensee to insure compliance with the terms of the probation or other disciplinary action, including, but not limited to, regular reporting by the licensee to the Director of his or her actions, or the licensee placing himself under the care of a qualified physician for treatment or limiting his or her practice in such manner as the Director may require.
    The Board shall present to the Director a written report of its findings and recommendations. A copy of such report shall be served upon the licensee, either personally or by registered or certified mail. Within 20 days after such service, the licensee may present to the Department his or her motion in writing for a rehearing, specifying the particular grounds therefor. If the licensee orders and pays for a transcript of the record, the time elapsing thereafter and before such transcript is ready for delivery to him shall not be counted as part of such 20 days.
    At the expiration of the time allowed for filing a motion for rehearing, the Director may take the action recommended by the Board. Upon suspension, revocation, placement on probationary status, or the taking of any other disciplinary action, including the limiting of the scope, nature, or extent of one's practice, deemed proper by the Director, with regard to the license, the licensee shall surrender his or her license to the Department if ordered to do so by the Department and upon his or her failure or refusal to do so, the Department may seize such license.
    In all instances under this Act in which the Board has rendered a recommendation to the Director with respect to a particular person, the Director shall notify the Board if he or she disagrees with or takes action contrary to the recommendation of the Board.
    Each order of revocation, suspension or other disciplinary action shall contain a brief and concise statement of the ground or grounds upon which the Department's action is based, as well as the specific terms and conditions of such action.
(Source: P.A. 90‑69, eff. 7‑8‑97)

    (225 ILCS 110/22) (from Ch. 111, par. 7922)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 22. Appointment of a hearing officer. The Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer for any action for refusal to issue, renew or discipline of a license. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the Board and the Director. The Board shall have 60 days after receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law and recommendations to the Director. If the Board fails to present its report within the 60‑day period, the Director may issue an order based on the report of the hearing officer. If the Director disagrees in any regard with the Board's report, he or she may issue an order in contravention of the Board's report.
(Source: P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/23) (from Ch. 111, par. 7923)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 23. Restoration. At any time after suspension, revocation, placement on probationary status, or the taking of any other disciplinary action with regard to any license, the Department may restore the license, or take any other action to reinstate the license to good standing, without examination, upon the written recommendation of the Board.
(Source: P.A. 85‑1391.)

    (225 ILCS 110/24) (from Ch. 111, par. 7924)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 24. Administrative Review Law ‑ Application.
    All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of Article III of the Code of Civil Procedure, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
    Such proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if such party is not a resident of this State, the venue shall be in Sangamon County.
    The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which costs shall be computed at the rate of 20 cents per page of such record. Exhibits shall be certified without cost. Failure on the part of the plaintiff to file such receipt in court shall be grounds for dismissal of the action. During the pendency and hearing of any and all judicial proceedings incident to such disciplinary action, any sanctions imposed upon the licensee by the Department shall remain in full force and effect.
(Source: P.A. 85‑1391.)

    (225 ILCS 110/25) (from Ch. 111, par. 7925)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 25. Revocation Orders. An order of revocation, suspension, placement on probationary status or other formal disciplinary action as the Department may deem proper, or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director of the Department, is prima facie proof that:
    (a) such signature is the genuine signature of the Director;
    (b) the Director is duly appointed and qualified; and
    (c) the Board and the members thereof are qualified.
(Source: P.A. 85‑1391.)

    (225 ILCS 110/26) (from Ch. 111, par. 7926)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 26. Confidential information ‑ disclosure. In all hearings conducted under this Act, information received, pursuant to law, relating to any information acquired by a speech‑language pathologist, speech‑language pathology assistant, or audiologist in serving any individual in a professional capacity, and necessary to professionally serve such individual, shall be deemed strictly confidential and shall only be made available, either as part of the record of a hearing hereunder or otherwise;
        (a) when such record is required, in its entirety,
    
for purposes of judicial review pursuant to this Act; or
        (b) upon the express, written consent of the
    
individual served, or in the case of his or her death or disability, the consent of his or her personal representative.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/27) (from Ch. 111, par. 7927)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 27. Reports of violations. Any person licensed under this Act, or any other person, may report to the Department any information such person may have which appears to show that a speech‑language pathologist, speech‑language pathology assistant, or audiologist is or may be in violation of any of the provisions of this Act.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/28) (from Ch. 111, par. 7928)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 28. Injunction. The practice of speech‑language pathology or audiology by any person not holding a valid and current license under this Act or a person performing the functions and duties of a speech‑language pathology assistant without a valid and current license under this Act, is declared to be inimical to the public welfare, to constitute a public nuisance, and to cause irreparable harm to the public welfare. The Director, the Attorney General, the State's attorney of any county in the State or any person may maintain an action in the name of the People of the State of Illinois, and may apply for an injunction in any circuit court to enjoin any such person from engaging in such practice. Upon the filing of a verified petition in such court, the court or any judge thereof, if satisfied by affidavit, or otherwise, that such person has been engaged in such practice without a valid and current license, may issue a temporary injunction without notice or bond, enjoining the defendant from any such further practice. Only the showing of nonlicensure, by affidavit or otherwise, is necessary in order for a temporary injunction to issue. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases except as modified by this Section. If it is established that the defendant has been, or is engaged in any such unlawful practice, the court, or any judge thereof, may enter an order or judgment perpetually enjoining the defendant from further such practice. In all proceedings hereunder, the court, in its discretion, may apportion the costs among the parties interested in the suit, including cost of filing the complaint, service of process, witness fees and expenses, court reporter charges and reasonable attorneys' fees. In case of violation of any injunction issued under the provisions of this Section, the court or any judge thereof may summarily try and punish the offender for contempt of court. Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this Act.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/28.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 28.5. Cease and desist order. If any person violates the provisions of this Act, the Director, in the name of the People of the State of Illinois, through the Attorney General or the State's Attorney of the county in which the violation is alleged to have occurred, may petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow at least 7 days from the date of the rule to file an answer satisfactory to the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued.
(Source: P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/29) (from Ch. 111, par. 7929)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 29. Penalty of unlawful practice ‑ second and subsequent offenses. Any person who practices or offers to practice speech‑language pathology or audiology or performs the functions and duties of a speech‑language pathology assistant in this State without being licensed for that purpose, or whose license has been suspended or revoked, or who violates any of the provisions of this Act, for which no specific penalty has been provided herein, is guilty of a Class A misdemeanor.
    Any person who has been previously convicted under any of the provisions of this Act and who subsequently violates any of the provisions of this Act is guilty of a Class 4 felony. In addition, whenever any person is punished as a subsequent offender under this Section, the Director shall proceed to obtain a permanent injunction against such person under Section 29 of this Act.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/29.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 29.5. Unlicensed practice; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice speech‑language pathology or audiology or performs the functions and duties of a speech‑language pathology assistant without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/30) (from Ch. 111, par. 7930)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 30. Filing license or diploma of another. Any person filing, or attempting to file as his or her own, the diploma or license of another, or a forged affidavit of identification or qualification, shall be deemed guilty of a Class 3 felony, and upon conviction thereof, shall be subject to such fine and imprisonment as is made and provided by the statutes of this State for the crime of forgery.
(Source: P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/31) (from Ch. 111, par. 7931)
    Sec. 31. (Repealed).
(Source: P.A. 85‑1391. Repealed by P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/31a)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 31a. Advertising services. A speech‑language pathologist or audiologist shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act.
(Source: P.A. 91‑310, eff. 1‑1‑00; 92‑510, eff. 6‑1‑02.)

    (225 ILCS 110/32) (from Ch. 111, par. 7932)
    Sec. 32. (Repealed).
(Source: P.A. 85‑1391. Repealed by P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/33) (from Ch. 111, par. 7933)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 33. Exemption from civil liability for peer review committees. While serving upon any peer review committee, any speech‑language pathologist or audiologist shall not be liable for civil damages as a result of his or her decisions, findings or recommendations in connection with his or her duties on such committee, except decisions, findings or recommendations involving his or her wilful or wanton misconduct.
(Source: P.A. 90‑69, eff. 7‑8‑97.)

    (225 ILCS 110/34) (from Ch. 111, par. 7934)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 34. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act that provides that at hearings the speech‑language pathologist or audiologist has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purposes of this Act, the notice required under Section 10‑25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)

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