Actions to Take When You Learn of Licensure Violations
Published in the April 2025 issue of the ISHA Voice.
By Karen Kockler, MA, CCC, SLP-L, and Julie O’Brien Smith, MS, CCC, SLP-L, ASHA Co-SEALs for Illinois
We are all called to uphold the requirements of the Illinois Speech Language Pathology and Audiology Practice Act and Codes of Ethics relevant to ASHA CCCs and/or work settings. Specific to those who work in schools, there is also the Illinois Educator Code of Ethics. For those of you who work in other settings (i.e. hospitals, rehab facilities, clinics, or skilled nursing facilities), you’ll need to do some exploration to see if your setting has its own code of ethics. Upholding the law is not only a legal responsibility, it is also an ethical one. So, if you’re one of the “lucky” ones who comes across a situation where you learn of someone who is not practicing legally and/or ethically, you are obligated to report it…as uncomfortable or scary as that may be. Think of it as your duty to protect the children and/or adults receiving services, and to uphold high-quality interventions provided through your work setting.
Types of Violations:
- Practicing without a license, or making false claims about licenses and/or credentials.
- Violations of Scope of Practice (eg. exceeding scope of practice, misrepresenting oneself, presenting inaccurate diagnostic information, etc.)
- Fraudulent billing practices.
- Ethical misconduct, conflicts of interest, unprofessional conduct, neglecting professional responsibilities.
- Violations related to supervision requirements and/or practices.
- Failure to report any disciplinary actions.
- Other violations can include those related to substance/physical abuse, criminal convictions, or failure to comply with regulations.
IDFPR LICENSE (this applies to all of us)
Here is the instruction from IDFPR: "They can use the complaint form here. I always strongly suggest citing the Act or Rule in violation in complaints, since the agency can only investigate what is written into law. Division of Professional Regulation File a Complaint."
Additionally, when planning to submit a complaint form, refrain from making any subjective claims about a provider’s performance or apparent lack of knowledge or skill. Focus your complaint on what IDFPR can address—no license, misrepresentation, etc.
For your convenience, here are the licensure parts of the Illinois Speech Language Pathology and Audiology Practice Act you should be sure to include in your complaint:
(225 ILCS 110/7) (from Ch. 111, par. 7907)
(Section scheduled to be repealed on January 1, 2028)
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.
(225 ILCS 110/8) (from Ch. 111, par. 7908)
(Section scheduled to be repealed on January 1, 2028)
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;
(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;
As a reminder, the following sections describe consequences due to violations--
(225 ILCS 110/16) (from Ch. 111, par. 7916)
(Section scheduled to be repealed on January 1, 2028)
Sec. 16. Refusal, revocation or suspension of licenses.
(225 ILCS 110/17) (from Ch. 111, par. 7917)
(Section scheduled to be repealed on January 1, 2028)
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.'
For those working in schools, you may submit your concerns using ISBE’s Special Education Complaint form. Licensure requirements, complaint process and forms are linked here. On the complaint form, you will use the last two pages (4-5). Again, stick to the facts; unless you are the administrator, you should refrain from including comments about performance.
ISBE PEL (this applies to school-based SLPs)
ISBE cannot address concerns unless they know about them, whether concerns are about licensure or workload or anything else. Please reach out to us or to the School Affairs co-chairs if you have questions.
Illinois School Code Article 14 Children with Disabilities
ISBE Special Education Complaint Process and Forms
For additional information and/or guidance, please review ISHA’s webpage “Reporting a Violation”, which includes a link to ASHA’s guidance. Accepting the responsibility of reporting isn’t an easy one, but nothing will change unless we do accept it. If, after confirming or having evidence of a licensure violation, and after discussing with supervisors or employers, no action is taken to rectify the situation, we are obligated by our Codes of Ethics to report; otherwise, there is a risk of potential harm to those receiving services.
Respectfully,
Karen Kockler, MA, CCC, SLP-L
ASHA SEAL for IL
Julie O’Brien-Smith, MS, CCC, SLP-L
ASHA Co-SEAL for IL
