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2010 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    (Section scheduled to be repealed on January 1, 2018)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    (Section scheduled to be repealed on January 1, 2018)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    (Section scheduled to be repealed on January 1, 2018)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;
        (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, 2018)
    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 110/9.3)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9.3. Requirements for the use of laryngoscopes.
    (a) A speech‑language pathologist may perform an
     endoscopic procedure using a rigid laryngoscope for the sole purpose of observing and obtaining images of the pharynx and larynx if all of the following requirements have been met:
        (1) The speech‑language pathologist has observed 5
     procedures performed by either (i) a physician who has been granted hospital privileges to perform these procedures or (ii) a speech‑language pathologist who has met the requirements of items (1), (2), and (5) of this subsection (a) in a licensed health care facility or a clinic affiliated with a hospital, university, college, or ASHA‑approved continuing education course that has emergency medical backup and a physician available or in the office of a physician who is available or in the office of a speech‑language pathologist provided that he or she maintains cardiopulmonary resuscitation (CPR) certification.
        (2) The speech‑language pathologist has successfully
     performed 10 procedures under the direct supervision of a physician who has been granted hospital privileges to perform these procedures; provided, however, that the physician may delegate the supervision of the procedures to a speech‑language pathologist who has met the requirements of this subsection (a) or subsection (c) of this Section. The supervising physician shall provide written verification that the speech‑language pathologist in training has successfully completed the requirements of this item (2) demonstrating the ability to perform these procedures. The speech‑language pathologist shall have this written verification on file and readily available for inspection upon request by the Board.
         (3) If the patient has a voice disorder or vocal
     cord dysfunction, he or she must be examined by a physician who has been granted hospital privileges to perform these procedures and the speech‑language pathologist must have received from that physician a written referral and direct authorization to perform the procedure.
        (4) If the patient has a swallowing disorder or a
     velopharyngeal disorder, he or she must be examined by a physician licensed to practice medicine in all its branches and the speech‑language pathologist must have received from that physician a written referral and direct authorization to perform the procedure.
        (5) The speech‑language pathologist has completed a
     hands‑on university or college course, or a hands‑on seminar or workshop in endoscopy as a technique for investigating speech and swallowing, which qualifies for continuing education credit with the American Speech‑Language‑Hearing Association (ASHA).
        (6) The speech‑language pathologist must send a
     written report or recorded copy of the observations recorded during an evaluation to the referring physician, and if the speech‑language pathologist performs any procedure and observes an abnormality or the possibility of a condition that requires medical attention, the speech‑language pathologist shall immediately refer the patient to the referring physician for examination.
        (7) In no instance may the speech‑language
     pathologist use a laryngoscope to perform any procedure that disrupts living tissue.
        (8) The speech‑language pathologist is using the
     rigid laryngoscope in (i) a licensed healthcare facility or clinic affiliated with a hospital, university, college, or ASHA‑approved continuing education course that has emergency medical back‑up and a physician available, (ii) an office of a physician who is available, or (iii) in the speech language pathologist's office provided that he or she maintains cardiopulmonary resuscitation (CPR) certification.
    (b) A speech‑language pathologist may use a flexible laryngoscope for the sole purpose of observing and obtaining images of the pharynx and larynx if all of the following requirements have been met:
        (1) The speech‑language pathologist has observed 10
     procedures performed by either (i) a physician who has been granted hospital privileges to perform these procedures or (ii) a speech‑language pathologist who has met the requirements of items (1), (2), and (6) of this subsection (b) in a licensed health care facility or a clinic affiliated with a hospital, university, college, or ASHA‑approved continuing education course that has emergency medical back‑up and a physician available or in the office of a physician who is available.
        (2) The speech‑language pathologist has successfully
     performed 25 procedures under the direct supervision of a physician who has been granted hospital privileges to perform these procedures; provided, however, that the physician may delegate the supervision of the procedures to a speech‑language pathologist who has met the requirements of this subsection (b) or subsection (c) of this Section. The supervising physician shall provide written verification that the speech‑language pathologist in training has successfully completed the requirements of this item (2) demonstrating the ability to perform these procedures. The speech‑language pathologist shall have this written verification on file and readily available for inspection upon request by the Board.
        (3) The observation of the patient's function must
     take place (i) under the supervision of a physician and (ii) in a licensed health care facility or a clinic affiliated with a hospital, university, or college that has emergency medical backup and a physician available or in the office of a physician who is available.
         (4) If the patient has a voice disorder or vocal
     cord dysfunction, he or she must be examined by a physician licensed to practice medicine in all its branches who has been granted hospital privileges to perform these procedures and the speech‑language pathologist must have received from that physician a written referral and direct authorization to perform the procedure.
        (5) If the patient has a swallowing disorder or a
     velopharyngeal disorder, he or she must be examined by a physician licensed to practice medicine in all its branches and the speech‑language pathologist must have received from that physician a written referral and direct authorization to perform the procedure.
        (6) The speech‑language pathologist has completed a
     hands‑on university or college course, or a hands‑on seminar or workshop in endoscopy as a technique for investigating speech and swallowing, which qualifies for continuing education credit with the American Speech‑Language‑Hearing Association (ASHA).
        (7) The speech‑language pathologist must send a
     written report or recorded copy of the observations recorded during an evaluation to the referring physician, and if the speech‑language pathologist performs any procedure and observes an abnormality or the possibility of a condition that requires medical attention, the speech‑language pathologist shall immediately refer the patient to the referring physician for examination.
        (8) In no instance may the speech‑language
     pathologist use a laryngoscope to perform any procedure that disrupts living tissue.
    (c) A speech‑language pathologist seeking to use both a rigid laryngoscope and a flexible laryngoscope for the sole purpose of observing and obtaining images of the pharynx and larynx shall be exempt from meeting the separate requirements of items (1) and (2) of subsection (a) and items (1) and (2) of subsection (b), if he or she meets the requirements of items (3) through (8) of subsection (a), items (3) through (8) of subsection (b), and the following:
        (1) The speech‑language pathologist has observed 15
     procedures performed by either (i) a physician who has been granted hospital privileges to perform these procedures or (ii) a speech‑language pathologist who has met the requirements of items (1), (2), and (6) of subsection (b) in a licensed health care facility or a clinic affiliated with a hospital, university, college, or ASHA‑approved continuing education course that has emergency medical back‑up and a physician available or in the office of a physician who is available.
        (2) The speech‑language pathologist has successfully
     performed 30 procedures, at least 20 of which must be with a flexible laryngoscope and at least 5 of which must be with a rigid laryngoscope, under the direct supervision of a physician who has been granted hospital privileges to perform these procedures; provided, however, that the physician may delegate the supervision of the procedures to a speech‑language pathologist who has met the requirements of subsection (a) or (c) of this Section in the case of a rigid laryngoscope or subsection (b) or (c) of this Section in the case of a flexible laryngoscope. The supervising physician shall provide written verification that the speech‑language pathologist in training has successfully completed the requirements of this item (2) demonstrating the ability to perform these procedures. The speech‑language pathologist shall have this written verification on file and readily available for inspection upon request by the Board.
    (d) The requirements of this Section 9.3 shall not apply to the practice of speech‑language pathologists in a hospital or hospital affiliate. In order to practice in a hospital or hospital affiliate, a speech‑language pathologist must possess clinical privileges for flexible or rigid laryngoscope procedures recommended by the hospital or hospital affiliate medical staff and approved by the hospital or hospital affiliate governing body.
    (e) Nothing in this Section shall be construed to
     authorize a medical diagnosis.
    (f) Nothing in this Section shall preclude the use of a
     rigid or flexible laryngoscope for the purpose of training or research done in conjunction with a speech‑language pathology program accredited by the Council for Academic Accreditation, provided that (i) emergency medical backup is available when flexible laryngoscopy is performed and (ii) such training or research is performed with the participation of either a physician who has been granted hospital privileges to perform these procedures or a speech‑language pathologist who has met the requirements of items (1), (2), and (5) of subsection (a) of this Section, items (1), (2), and (6) of subsection (b) of this Section, or subsection (c) of this Section, whichever is applicable.
    (g) Nothing in this Section shall be construed to allow a speech‑language pathologist to use an anesthetic without specific physician authorization included in the patient referral.
(Source: P.A. 96‑719, eff. 8‑25‑09.)

    (225 ILCS 110/9.5)
    (Section scheduled to be repealed on January 1, 2018)
    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, 2018)
    Sec. 10. Roster of speech‑language pathologists and audiologists. The Department shall maintain a roster 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. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/11)(from Ch. 111, par. 7911)
    (Section scheduled to be repealed on January 1, 2018)
    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 as determined by the Department 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.
    (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 completed a minimum of 20 hours of continuing education and met any additional continuing education requirements established by the Department by rule.
        (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 or inactive 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. 95‑465, eff. 8‑27‑07.)

    (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, 2018)
    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, may 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. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/14)(from Ch. 111, par. 7914)
    (Section scheduled to be repealed on January 1, 2018)
    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, 2018)
    Sec. 14.5. Deposit of fees and fines. All of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. On December 1 of each year, the Department shall transfer from the General Professions Dedicated Fund to the Hearing Instrument Dispenser Licensing and Discipline Fund an amount equal to all the fees collected under subsection (b‑5) of Section 14 of this Act since the previous December 1.
(Source: P.A. 96‑992, eff. 7‑2‑10.)

    (225 ILCS 110/15)(from Ch. 111, par. 7915)
    (Section scheduled to be repealed on January 1, 2018)
    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 Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/16)(from Ch. 111, par. 7916)
    (Section scheduled to be repealed on January 1, 2018)
    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 or non‑disciplinary action as the Department may deem proper, including fines not to exceed $10,000 for each violation, with regard to any license for any one or combination of the following causes:
        (a) Fraud in procuring the license.
        (b) (Blank).
        (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 Healthcare and Family Services (formerly 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 of or entry of a plea of guilty or
     nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof, or that is a misdemeanor of which an essential element is dishonesty, or that is directly related to the practice of the profession.
        (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) Discipline 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 discipline is the same as or the equivalent of one of the grounds for discipline 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.
        (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 Department of Healthcare and Family Services (formerly 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) Inability to practice with reasonable judgment,
     skill, or safety as a result of habitual or excessive use of or addiction to alcohol, narcotics, or stimulants or any other chemical agent or drug or as a result of physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill, mental illness, or disability.
        (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 Secretary 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 Secretary 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. 95‑331, eff. 8‑21‑07; 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/16.3)
    (Section scheduled to be repealed on January 1, 2018)
    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, 2018)
    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, 2018)
    Sec. 17. Investigations; notice; hearings. Licenses may be refused, revoked, or suspended in the manner provided by this Act and not otherwise. The Department may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts that if proven would constitute grounds for refusal to issue, suspend, or revoke under this Act, investigate the actions of any person applying for, holding, or claiming to hold a license.
    The Department shall, before refusing to issue or renew or suspending or revoking any license or taking other disciplinary action pursuant to Section 16 of this Act, and at least 30 days prior to the date set for the hearing, notify, in writing, the applicant for or the holder of such license of any charges made, afford the accused person an opportunity to be heard in person or by counsel in reference thereto, and direct the applicant or licensee to file a written answer to the Board under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee and that the license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Secretary may deem proper. Written notice may be served by delivery of the same personally to the accused person or by mailing the same by certified mail to his or her last known place of residence or to the place of business last specified by the accused person in his or her last notification to the Department. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status or the Department may take whatever disciplinary action deemed 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.
    At the time and place fixed in the notice, the Board shall proceed to hearing of the charges and both the accused person and the complainant shall be accorded ample opportunity to present, in person or by counsel, any statements, testimony, evidence, and arguments as may be pertinent to the charges or to their defense. 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 shall have been continued, the Department shall continue such hearing for a period not to exceed 30 days.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/18)(from Ch. 111, par. 7918)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 18. Temporary suspension of license. The Secretary 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 Secretary 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 Secretary 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. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/19)(from Ch. 111, par. 7919)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 19. Subpoenas; depositions; oaths. The Department has the power to subpoena documents, books, records, or other materials and bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State.
    The Secretary, the designated hearing officer, and every member of the Board has the power to administer oaths to witnesses at any hearing that the Department is authorized to conduct and any other oaths authorized in any Act administered by the Department.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/20)(from Ch. 111, par. 7920)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 20. Attendance of Witnesses, Production of Documents. Any circuit court, upon the application of the Department or designated hearing officer, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/21)(from Ch. 111, par. 7921)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 21. Findings and recommendations. At the conclusion of a hearing, the Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding of whether or not the accused person violated this Act or its rules or failed to comply with the conditions required in this Act or its rules. The Board shall specify the nature of any violations or failure to comply and shall make its recommendations to the Secretary.
    In making recommendations for any disciplinary actions, the Board may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the accused and the potential for future harm to the public, including, but not limited to, previous discipline of the accused by the Department, intent, degree of harm to the public, likelihood of harm in the future, any restitution made by the accused, and whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct. In making its recommendations for discipline, the Board shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation.
    The report of findings of fact, conclusions of law, and recommendations of the Board shall be the basis for the Department's order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee. If the Secretary disagrees with the recommendations of the Board, the Secretary may issue an order in contravention of the Board recommendations. Board findings are not admissible as evidence against the person in a criminal prosecution brought for a violation of this Act; however, the hearing and findings shall not serve as a bar to criminal prosecution brought for a violation of this Act.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/21.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 21.1. Board; rehearing. At the conclusion of the hearing, a copy of the Board's report shall be served upon the applicant or licensee by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 days after service, the applicant or licensee may present to the Department a motion, in writing, for a rehearing, which shall specify the particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 days after its service on the Department. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Secretary may enter an order in accordance with recommendations of the Board except as provided in Section 22 of this Act. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20‑day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/21.2)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 21.2. Secretary; rehearing. Whenever the Secretary believes that substantial justice has not been done in the revocation, suspension, or refusal to issue, restore, or renew a license or other discipline of an applicant or licensee, he or she may order a rehearing by the same or other examiners.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/22)(from Ch. 111, par. 7922)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 22. Appointment of a hearing officer. The Secretary 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. Board members may attend hearings. The hearing officer shall report his or her findings and recommendations to the Board and the Secretary. The Board shall review the report of the hearing officer and present its findings of fact, conclusions of law and recommendations to the Secretary and to all parties to the proceedings. If the Secretary 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. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/23)(from Ch. 111, par. 7923)
    (Section scheduled to be repealed on January 1, 2018)
    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 upon the written recommendation of the Board, unless after an investigation and a hearing, the Board determines that restoration is not in the public interest.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/24)(from Ch. 111, par. 7924)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 24. Review under the Administrative Review Law. All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law and all amendments and modifications thereof and rules adopted thereto. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/24.1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 24.1. Certifications of record; costs. The Department shall not be required to certify any record to the court, to file an answer in court, or to 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 determined by the Department. Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/25)(from Ch. 111, par. 7925)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 25. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, is prima facie proof that:
        (a) the signature is the genuine signature of the
     Secretary;
        (b) the Secretary is duly appointed and qualified; and
        (c) the Board and its members are qualified to act.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/26)
    Sec. 26. (Repealed).
(Source: P.A. 92‑510, eff. 6‑1‑02. Repealed by P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/27)(from Ch. 111, par. 7927)
    (Section scheduled to be repealed on January 1, 2018)
    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, 2018)
    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 Secretary, 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. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/28.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 28.5. Cease and desist order. If any person violates the provisions of this Act, the Secretary, 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. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/29)(from Ch. 111, par. 7929)
    (Section scheduled to be repealed on January 1, 2018)
    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 Secretary shall proceed to obtain a permanent injunction against such person under Section 29 of this Act.
(Source: P.A. 95‑465, eff. 8‑27‑07.)

    (225 ILCS 110/29.5)
    (Section scheduled to be repealed on January 1, 2018)
    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, 2018)
    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, 2018)
    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, 2018)
    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, 2018)
    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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