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Public Act 91-0949
SB368 Enrolled LRB9104241ACtm
AN ACT concerning audiologists.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if Senate Bill 1404 of the 91st
General Assembly becomes law, the Hearing Instrument Consumer
Protection Act is amended by changing Section 16 as follows:
(225 ILCS 50/16) (from Ch. 111, par. 7416)
Sec. 16. Hearing Instrument Consumer Protection Board.
There shall be established a Hearing Instrument Consumer
Protection Board which shall assist, advise and make
recommendations to the Department.
The Board shall consist of 6 members who shall be
residents of Illinois. One shall be a licensed physician who
specializes in otology or otolaryngology; one shall be a
member of a consumer-oriented organization concerned with the
hearing impaired; one shall be from the general public,
preferably a senior citizen; and 2 3 shall be licensed
hearing instrument dispensers who are National Board
Certified Hearing Instrument Specialists; and, one shall be
of whom is a licensed audiologist. If a vote of the Board
results in a tie, the Director shall cast the deciding vote.
Members of the Board shall be appointed by the Director
after consultation with appropriate professional
organizations and consumer groups. The term of office of each
shall be 4 years. Before a member's term expires, the
Director shall appoint a successor to assume member's duties
at the expiration of his or her predecessor's term. A
vacancy shall be filled by appointment for the unexpired
term. The members shall annually designate one member as
chairman. No member of the Board who has served 2
successive, full terms may be reappointed. The Director may
remove members for good cause.
Members of the Board shall receive reimbursement for
actual and necessary travel and for other expenses, not to
exceed the limit established by the Department.
(Source: P.A. 89-72, eff. 12-31-95; 91SB1404enr.)
Section 10. If and only if Senate Bill 1404 of the 91st
General Assembly becomes law, the Illinois Speech-Language
Pathology and Audiology Practice Act is amended by changing
Sections 4 and 16 as follows:
(225 ILCS 110/4) (from Ch. 111, par. 7904)
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
student as provided in this Act for a violation by the
graduate audiology student.
(g) Enforce the provisions of the Hearing Instrument
Consumer Protection Act and rules promulgated under the Act
as that Act and those rules apply to licensed audiologists
regulated by the Department.
(Source: P.A. 85-1391; 91SB1404enr.)
(225 ILCS 110/16) (from Ch. 111, par. 7916)
Sec. 16. Refusal, revocation or suspension of licenses.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, censure, reprimand or
take other disciplinary action as the Department may deem
proper, including fines not to exceed $5,000 for each
violation, with regard to any license for any one or
combination of the following causes:
(a) Fraud in procuring the license.
(b) Habitual intoxication or addiction to the use
of drugs.
(c) Willful or repeated violations of the rules of
the Department of Public Health.
(d) Division of fees or agreeing to split or divide
the fees received for speech-language pathology or
audiology services with any person for referring an
individual, or assisting in the care or treatment of an
individual, without the knowledge of the individual or
his or her legal representative.
(e) Employing, procuring, inducing, aiding or
abetting a person not licensed as a speech-language
pathologist or audiologist to engage in the unauthorized
practice of speech-language pathology or audiology.
(f) Making any misrepresentations or false
promises, directly or indirectly, to influence, persuade
or induce patronage.
(g) Professional connection or association with, or
lending his or her name to another for the illegal
practice of speech-language pathology or audiology by
another, or professional connection or association with
any person, firm or corporation holding itself out in any
manner contrary to this Act.
(h) Obtaining or seeking to obtain checks, money,
or any other things of value by false or fraudulent
representations, including but not limited to, engaging
in such fraudulent practice to defraud the medical
assistance program of the Department of Public Aid.
(i) Practicing under a name other than his or her
own.
(j) Improper, unprofessional or dishonorable
conduct of a character likely to deceive, defraud or harm
the public.
(k) Conviction in this or another state of any
crime which is a felony under the laws of this State or
conviction of a felony in a federal court, if the
Department determines, after investigation, that such
person has not been sufficiently rehabilitated to warrant
the public trust.
(1) Permitting a person under his or her
supervision to perform any function not authorized by
this Act.
(m) A violation of any provision of this Act or
rules promulgated thereunder.
(n) Revocation by another state, the District of
Columbia, territory, or foreign nation of a license to
practice speech-language pathology or audiology in its
jurisdiction if at least one of the grounds for that
revocation is the same as or the equivalent of one of the
grounds for revocation set forth herein.
(o) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(p) Gross or repeated malpractice resulting in
injury or death of an individual.
(q) Willfully making or filing false records or
reports in his or her practice as a speech-language
pathologist or audiologist, including, but not limited
to, false records to support claims against the public
assistance program of the Illinois Department of Public
Aid.
(r) Professional incompetence as manifested by poor
standards of care or mental incompetence as declared by a
court of competent jurisdiction.
(s) Repeated irregularities in billing a third
party for services rendered to an individual. For
purposes of this Section, "irregularities in billing"
shall include:
(i) reporting excessive charges for the
purpose of obtaining a total payment in excess of
that usually received by the speech-language
pathologist or audiologist for the services
rendered;
(ii) reporting charges for services not
rendered; or
(iii) incorrectly reporting services rendered
for the purpose of obtaining payment not earned.
(t) (Blank).
(u) Violation of the Health Care Worker
Self-Referral Act.
(v) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(w) Violation of the Hearing Instrument Consumer
Protection Act.
(2) The Department shall deny a license or renewal
authorized by this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois State Scholarship
Commission; however, the Department may issue a license or
renewal if the aforementioned persons have established a
satisfactory repayment record as determined by the Illinois
State Scholarship Commission.
(3) The entry of an order by a circuit court
establishing that any person holding a license under this Act
is subject to involuntary admission or judicial admission as
provided for in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension of
that license. That person may have his or her license
restored only upon the determination by a circuit court that
the patient is no longer subject to involuntary admission or
judicial admission and the issuance of an order so finding
and discharging the patient, and upon the Board's
recommendation to the Department that the license be
restored. Where the circumstances so indicate, the Board may
recommend to the Department that it require an examination
prior to restoring any license automatically suspended under
this subsection.
(4) The Department may refuse to issue or may suspend
the license of any person who fails to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of the tax penalty or interest,
as required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(5) In enforcing this Section, the Board upon a showing
of a possible violation may compel an individual licensed to
practice under this Act, or who has applied for licensure
pursuant to this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of
the Department. The examining physicians or clinical
psychologists shall be those specifically designated by the
Board. The individual to be examined may have, at his or her
own expense, another physician or clinical psychologist of
his or her choice present during all aspects of this
examination. Failure of any individual to submit to a mental
or physical examination, when directed, shall be grounds for
suspension of his or her license until the individual submits
to the examination if the Board finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
may require that individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or
designated by the Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice;
or, in lieu of care, counseling, or treatment, the Board may
recommend to the Department to file a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. Any individual whose license was
granted, continued, reinstated, renewed, disciplined or
supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Board.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The Board shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Board that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 90-69, eff. 7-8-97.)
Section 99. Effective date. This Act takes effect on
January 1, 2001.
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