State of Illinois
92nd General Assembly
Legislation

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92_SB0461ham002

 










                                           LRB9207772DJmbam04

 1                    AMENDMENT TO SENATE BILL 461

 2        AMENDMENT NO.     .  Amend Senate Bill 461,  AS  AMENDED,
 3    with  reference  to  page and line numbers of House Amendment
 4    No. 1, on page 1, line  6,  after  "Sections",  by  inserting
 5    "10.2,"; and

 6    on page 5, after line 13, by inserting the following:
 7        "(k)  "Qualified  person"  means  an individual providing
 8    early intervention services  who  has  attained  the  highest
 9    requirements  in  the  State  applicable to the profession or
10    discipline in which he or she is providing early intervention
11    services and who  is  suitably  qualified  to  provide  early
12    intervention   services   to   eligible  children  and  their
13    families.
14        (l)  "Suitably qualified" means that the individual meets
15    the requirements set forth in Section 10.2 of this Act.
16        (m)  "Credentialed specialist" means an  individual  whom
17    the lead agency has found to be a qualified person within his
18    or  her  discipline  and  who  has  been enrolled by the lead
19    agency as a provider of early  intervention  services  within
20    that   discipline.   Under  Section  10.2  of  this  Act,  an
21    individual my be a fully credentialed specialist  or  may  be
22    provisionally credentialed as an associate specialist.
23        (n)  "Contact  hours"  means  hours  spent  in  a  formal
 
                            -2-            LRB9207772DJmbam04
 1    program  of education or training related to the specialist's
 2    discipline, either in a classroom or in a clinical setting.";
 3    and

 4    on page 11, after line 20, by inserting the following:

 5        "(325 ILCS 20/10.2 new)
 6        Sec. 10.2. Service providers; qualifications.
 7        (a)  To enroll as a credentialed specialist in the  early
 8    intervention  program, the lead agency shall require that the
 9    individual (i) establish that he or she is a qualified person
10    as defined in Section 3 of this Act, (ii) provide evidence of
11    professional liability insurance, (iii)  undergo  a  criminal
12    background  check  paid for by the lead agency, and (iv) meet
13    the other requirements of this Section.
14        (b)  An individual may enroll  as  a  fully  credentialed
15    specialist if her or she meets the requirements of subsection
16    (c)  or  (d)  as  appropriate  to  the  discipline  for which
17    enrollment is sought, or may enroll provisionally for no more
18    than 2 years as an associate specialist, if he or  she  meets
19    the  requirements of subsection (f).  Individuals who provide
20    services in regions that have a shortage of  specialists  may
21    enroll or maintain enrollment in accordance with the terms of
22    any  waiver  that  has  been granted under subsection (j) for
23    that region.
24        (c)  Fully credentialed licensed specialists.
25             (1)  To enroll and maintain enrollment  as  a  fully
26        credentialed    licensed    specialist   in   the   early
27        intervention    program,    audiologists,    occupational
28        therapists,  physical  therapists,  and   speech-language
29        pathologists  shall:  (i) be licensed in their respective
30        disciplines in Illinois or in the state in which services
31        are provided;  (ii)  have   completed  no  less  than  20
32        contact  hours  of  professional  education or continuing
33        education in birth-to-3 evaluation and  treatment;  (iii)
 
                            -3-            LRB9207772DJmbam04
 1        have a minimum of one year within the previous 3 years of
 2        paid  professional  experience  working  directly  with a
 3        patient caseload that was  at  least  25%  children  from
 4        birth  to  age  3  with  disabilities  and  developmental
 5        delays,  and at least 50% pediatric; (iv) maintain, while
 6        enrolled as an early  intervention  provider,  a  patient
 7        caseload composed  at least of 25% children from birth to
 8        age 3 with disabilities or developmental delays, and that
 9        is  at  least  50%  pediatric; and (v) meet the following
10        additional criteria appropriate to their discipline:
11                  (A)  Audiologists.  An audiologist shall have a
12             masters  degree  in   audiology   or   communication
13             disorders,    or    both,    from    an     American
14             Speech-Language     Hearing    Association    (ASHA)
15             accredited institution; meet the requirements  of  a
16             hearing  aid dispenser if hearing aid evaluations or
17             fittings are provided;  and  have  a  minimum  of  2
18             years' experience in pediatrics.
19                  (B)  Occupational  therapists.  An occupational
20             therapist  shall  have   a   bachelors   degree   or
21             certificate   in   occupational   therapy   and   be
22             registered  as  an Occupational Therapist Registered
23             (OTR).
24                  (C)  Physical therapists. A physical  therapist
25             shall  have  a  bachelors  degree  or certificate in
26             physical therapy and have a minimum of one  year  of
27             paid  professional  experience working with children
28             with disabilities.
29                  (D)  Speech-language      pathologists.       A
30             speech-language  pathologist  shall  have  a masters
31             degree  in   speech   pathology   or   communication
32             disorders, or both, from an American Speech-Language
33             Hearing  Association  (ASHA)  accredited institution
34             and  shall  have  a  minimum  of  2  years  of  paid
 
                            -4-            LRB9207772DJmbam04
 1             professional experience  in  working  with  children
 2             with  disabilities,  which  may include a supervised
 3             clinical fellowship year.
 4             (2)  Social workers, counselors,  and  psychologists
 5        shall: (i) be licensed in their respective disciplines in
 6        Illinois  or in the state in which services are provided;
 7        (ii) have completed no less  than  20  contact  hours  of
 8        professional  education or continuing education in course
 9        work involving  working  with  birth-to-3  children  with
10        developmental delays and disabilities and their families;
11        (iii)  have  a  minimum of one year within the previous 3
12        years of paid  professional  experience  working  with  a
13        caseload  that  was at least 15% birth-to-3 children with
14        developmental delays and disabilities and their families;
15        (iv) maintain, while enrolled as  an  early  intervention
16        credentialed  specialist, a caseload that is at 25% least
17        birth-to-3  children  with   developmental   delays   and
18        disabilities   and  their  families;  and  (v)  meet  the
19        following  additional  criteria  appropriate   to   their
20        discipline:
21                  (A)  A  social  worker  shall  be licensed as a
22             Licensed Clinical Social Worker in Illinois  if  the
23             social  worker  is  providing  any  services  to the
24             family and child other than identifying, mobilizing,
25             and coordinating community resources and services to
26             enable the  child  and  family  to  receive  maximum
27             benefit  from  early intervention services, in which
28             case a social worker may be licensed in Illinois  as
29             a  Licensed  Social  Worker, or have a school social
30             work certificate.
31                  (B)  A  counselor  or  psychologist  shall   be
32             licensed  in  Illinois either as a Licensed Clinical
33             Social  Worker,  a  Licensed  Clinical  Professional
34             Counselor,  a  Licensed  Clinical  Psychologist,   a
 
                            -5-            LRB9207772DJmbam04
 1             Licensed   Marriage   and  Family  Therapist,  or  a
 2             Licensed School Psychologist.
 3             (3)  Nurses.  A nurse shall be licensed in  Illinois
 4        as a Registered Nurse.
 5             (4)  Nutrition  specialists.  A nutrition specialist
 6        shall be licensed in Illinois as Licensed Dietitian or as
 7        a Registered Nutrition Counselor.
 8        (d)  Fully  credentialed  specialists  not   subject   to
 9    licensure. Individuals who are not subject to State licensure
10    may   provide   certain   early   intervention   services  as
11    credentialed  specialists,  including  service  coordination,
12    developmental or rehabilitation therapy, and  parent  liaison
13    work.
14             (1)  Developmental-rehabilitation    therapists.   A
15        developmental-rehabilitation therapist  shall:  (i)  have
16        completed  no  less than 20 contact hours of professional
17        education   or   continuing   education   in   birth-to-3
18        evaluation and treatment; (ii) have either (A) at least a
19        bachelor's degree in early childhood education  or  early
20        childhood special education, (B) a teacher endorsement in
21        early  childhood  education  or  early  childhood special
22        education, or (C) a bachelors degree in a human services,
23        behavior science,  education,  special  education,  or  a
24        health  discipline,  such  as one of the following: child
25        development,   orientation,   and    mobility;    applied
26        psychology;  social  work; health education; or a related
27        field; (iii) have an educational concentration  in  early
28        childhood development or 40 contact hours of professional
29        education   or   continuing   education   in   birth-to-3
30        evaluation  and  treatment;  and  (iv)  have  one year of
31        experience in working directly with a caseload  that  was
32        at   least   25%  children  from  birth  to  age  3  with
33        development disabilities and delays.
34             (2)  Service coordinators.   A  service  coordinator
 
                            -6-            LRB9207772DJmbam04
 1        shall:  (i)  have completed no less than 20 contact hours
 2        of professional  education  or  continuing  education  in
 3        birth-to-3 evaluation and treatment; (ii) have either (A)
 4        a bachelor's degree in early childhood education or early
 5        childhood  special education or (B) a bachelors degree in
 6        a human services, behavior  science,  education,  special
 7        education,   or   a  health  discipline,  such  as  child
 8        development,   orientation,   and    mobility;    applied
 9        psychology;  social  work; health education; or a related
10        field; and (iii) have  an  educational  concentration  in
11        early  childhood  development  or  40  contact  hours  of
12        professional   education   or   continuing  education  in
13        birth-to-3 evaluation and treatment.
14             (3)  Parent liaisons.  A parent liaison shall be the
15        parent or guardian of a child with special needs.
16        (e)  Evaluation,  assessment  and  participation  in  the
17    initial development of individualized family  service  plans.
18    Effective   12  months  after  the  effective  date  of  this
19    amendatory Act of the 92nd General Assembly, no  credentialed
20    specialist may conduct an evaluation or assessment of a child
21    for  purposes  of developing an individualized family service
22    plan  or   may   serve   as   a   member   of   the   initial
23    multidisciplinary team developing that plan, unless she or he
24    has  met  the  requirements  of subsection (c) or (d) of this
25    Section that are appropriate to his or her discipline.
26        (f)  To create incentives for reaching fully credentialed
27    status, the lead agency may, subject to available  funds,  if
28    cost   savings  are  achieved  through  the  program  changes
29    required under  this  amendatory  Act  of  the  92nd  General
30    Assembly,  and  if  federal  financial  participation  is not
31    jeopardized,  enhance  or  increase  the  rates   for   early
32    intervention services that are provided by fully credentialed
33    specialists.
34        (g)  Associate  level  credentialing.   An individual may
 
                            -7-            LRB9207772DJmbam04
 1    provide early intervention services under the supervision  of
 2    a  fully  credentialed  specialist if the individual: (A) has
 3    (i) a physical therapist assistant  license  or  a  bachelors
 4    degree  in  physical  therapy,  (ii) a certified occupational
 5    therapy assistant license or bachelors degree in occupational
 6    therapy,  (iii)  a  bachelors   degree   in   speech-language
 7    pathology,  (iv)  current enrollment in a supervised graduate
 8    internship  social  work,  (v)  current   enrollment   in   a
 9    supervised  graduate  internship  social  work,  (vi) current
10    enrollment in a  supervised  graduate  internship  psychology
11    program,  or  (vii)  for developmental therapy, an associates
12    degree in a human services field and one year  of  experience
13    in   working   with   children  from  birth  to  age  5  with
14    developmental disabilities; and  (B)  meets  other  pediatric
15    training  and  experience requirements as the lead agency may
16    require.
17        (h)  Provisional credentialing.   An  individual  may  be
18    provisionally  credentialed as an credentialed specialist for
19    no more than  24  months  if  he  or  she  has  not  met  the
20    requirements  of subsection (c) or (d) relevant to his or her
21    discipline  for  which  credentialing  is  sought,   if   the
22    applicant  can  show  that  those requirements will be met in
23    full within those 24 months.  During  those  24  months,  the
24    individual  may work only under the direction and supervision
25    of  an  individual  who  is  a  fully credentialed specialist
26    within the same specialty area or  areas  as  the  individual
27    who   is   providing   services on a provisional  basis. This
28    direction and supervision must include,  at  a  minimum,  the
29    co-signature   of  the  supervising  specialist  on  progress
30    reports,  treatment  recommendations,  and  claims   of   the
31    individual  who is providing services on a provisional basis.
32    An individual who is provisionally credentialed shall  submit
33    documentation  at  the point of enrollment and every 6 months
34    thereafter of the specific steps he or she is taking to  meet
 
                            -8-            LRB9207772DJmbam04
 1    the  requirements  of  this  Section, and shall set forth the
 2    nature of the supervision  and  the  name  or  names  of  the
 3    credentialed specialist or specialists supervising his or her
 4    work   with  children  enrolled  in  the  early  intervention
 5    program.
 6        (i)  New enrollees.  An individual who seeks to enroll as
 7    a fully credentialed specialist on  or  after  the  effective
 8    date  of  this  amendatory  Act  of the 92nd General Assembly
 9    shall meet the requirements of subsection (c) or (d) of  this
10    Section  that  are relevant to that discipline at the time of
11    his or her application for  enrollment,  or  shall  meet  the
12    requirements  necessary  for  provisional  enrollment  as  an
13    associate credentialed specialist.
14        (j)  Currently  enrolled  credentialed  specialists.   An
15    individual  who  is  enrolled  by  the lead agency as a fully
16    credentialed specialist within his or  her  discipline  under
17    the  requirements of the lead agency as of the effective date
18    of this amendatory Act of the  92nd  General  Assembly  shall
19    meet  the  requirements  of  subsection  (c)  or  (d) of this
20    Section that are relevant to that discipline within 24 months
21    of that  effective  date,  and  during  that  24  months  the
22    individual may supervise provisionally enrolled associates so
23    long as they had met the credentialing requirements as of the
24    effective  date  of  this  amendatory Act of the 92nd General
25    Assembly.  An individual who is enrolled by the  lead  agency
26    as  a  provisionally  enrolled  associate  within  his or her
27    discipline under the requirements of the lead  agency  as  of
28    the effective date of this amendatory Act of the 92nd General
29    Assembly  shall  meet  the  higher  education  and  licensing
30    requirements  of subsection (c) or (d) relative to his or her
31    discipline within 12 months after the effective date of  this
32    amendatory  Act  of the 92nd General Assembly, and shall meet
33    the  remaining  requirements  of  subsection   (c)   or   (d)
34    appropriate  to  the  discipline  within 24 months after that
 
                            -9-            LRB9207772DJmbam04
 1    effective date.
 2        (k)  Continuing education. To maintain  enrollment  as  a
 3    credentialed specialist, the individual must certify, every 3
 4    years,  that  he  or  she  has  completed  no  less  than  20
 5    additional   contact   hours   of   continuing  education  in
 6    birth-to-3 evaluation and treatment.  Payment of the costs of
 7    continuing education  shall  be  the  responsibility  of  the
 8    credentialed specialist.
 9        (l)  Waivers.     The   lead   agency   shall   establish
10    procedures, by rule, that allow  for  the  consideration  and
11    approval  of  regional  waivers  of  the requirements of this
12    Section  related  to   birth-to-3   professional   education,
13    birth-to-3  pediatric  experience, continuing education, and,
14    in  the  case  of  service  coordinators  and   developmental
15    therapists, the bachelors degree requirement.  The waiver may
16    also  allow  designated services to be provided by assistants
17    and graduate students  who  would  have  been  authorized  to
18    provide services before the effective date of this amendatory
19    Act  of  the 92nd General Assembly so long as they work under
20    the  supervision   of   fully   credentialed   and   licensed
21    individuals,   as  provided  under  subsection  (f)  of  this
22    Section.  The waiver shall be developed in  conjunction  with
23    the regional intake entity and the local inter-agency council
24    on  early  intervention.  A waiver may be granted only upon a
25    showing  that  there  is  an  insufficient  number  of  fully
26    credentialed specialists to meet the demand for timely  early
27    intervention  services in a particular region. A waiver shall
28    specify what areas of specialty are covered  by  the  waiver,
29    the geographic reach of the waiver, the specific requirements
30    being  waived,  and  the  length  of  time of the waiver.  No
31    waiver may be granted for more than 2 years, but a waiver may
32    be renewed after its 2-year or shorter expiration date upon a
33    showing that all reasonable steps have been taken to increase
34    the supply of fully credentialed  specialists  and  that  the
 
                            -10-           LRB9207772DJmbam04
 1    waiver  continues  to be necessary to avoid waiting lists for
 2    services.  The waiver must set forth a detailed plan to  meet
 3    all the requirements of this Section before the expiration of
 4    the waiver.".

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