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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Hearing Instrument Consumer Protection Act |
5 | | is amended by changing Sections 1, 3, 6, 6.1, 8, 9.5, 16, and |
6 | | 17 as follows:
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7 | | (225 ILCS 50/1) (from Ch. 111, par. 7401)
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8 | | (Section scheduled to be repealed on January 1, 2016)
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9 | | Sec. 1. Purpose. The purpose of this Act is to protect the |
10 | | deaf or hard of hearing
hearing-impaired
public from the |
11 | | practice of dispensing incompetent and dishonest dispensers of |
12 | | hearing instruments that who
could
endanger the health, safety |
13 | | and welfare of the People of this State. The
Federal Food and |
14 | | Drug Administration
has recommended that State legislation is |
15 | | necessary in order to establish
standards of competency and to |
16 | | impose stringent penalties for those who
violate the public |
17 | | trust in this field of health care.
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18 | | (Source: P.A. 89-72, eff. 12-31-95 .)
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19 | | (225 ILCS 50/3) (from Ch. 111, par. 7403)
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20 | | (Section scheduled to be repealed on January 1, 2016)
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21 | | Sec. 3. Definitions. As used in this Act, except as the |
22 | | context
requires otherwise:
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1 | | "Department" means the Department of Public Health.
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2 | | "Director" means the Director of the Department of Public |
3 | | Health.
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4 | | "License" means a license
issued by the State under this
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5 | | Act to a hearing instrument dispenser.
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6 | | "Licensed Audiologist" means a person
licensed
as an |
7 | | audiologist under the Illinois Speech-Language Pathology and |
8 | | Audiology
Practice Act.
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9 | | "National Board Certified Hearing Instrument
Specialist" |
10 | | means a person
who has had at least 2 years in practice as a |
11 | | licensed hearing
instrument dispenser and has
been certified |
12 | | after qualification by examination by the National Board for
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13 | | Certification in Hearing Instruments Sciences.
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14 | | "Licensed physician" or "physician" means a physician |
15 | | licensed
in Illinois to
practice medicine in all of its |
16 | | branches pursuant to the Medical Practice Act of 1987 .
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17 | | "Trainee" means a person who is licensed to perform the |
18 | | functions of a hearing instrument dispenser in accordance with |
19 | | the Department rules and only under the direct supervision of a |
20 | | hearing instrument dispenser or audiologist who is licensed in |
21 | | the State. |
22 | | "Board" means the Hearing Instrument Consumer Protection
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23 | | Board.
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24 | | "Hearing instrument" or "hearing aid" means any wearable |
25 | | instrument or device designed for or offered for the purpose of |
26 | | aiding or compensating for impaired human hearing and that can |
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1 | | provide more than 15 dB full on gain via a 2cc coupler at any |
2 | | single frequency from 200 through 6000 cycles per second, and |
3 | | any parts, attachments, or accessories, including ear molds. |
4 | | "Hearing instrument" or "hearing aid" do not include batteries, |
5 | | cords, or group auditory training devices and any
instrument or |
6 | | device used by a public utility in providing telephone or
other |
7 | | communication services are excluded.
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8 | | "Practice of fitting, dispensing, or servicing of hearing
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9 | | instruments" means
the measurement of human hearing with an
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10 | | audiometer, calibrated to
the current American National |
11 | | Standard Institute standards, for the
purpose of making |
12 | | selections, recommendations, adaptions, services, or sales of
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13 | | hearing instruments including the making of earmolds as a part |
14 | | of the hearing
instrument.
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15 | | "Sell" or "sale" means any transfer of title or of the |
16 | | right to use
by lease, bailment, or any other contract, |
17 | | excluding wholesale transactions
with distributors or dealers.
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18 | | "Hearing instrument dispenser" means a person who
is a |
19 | | hearing care professional that engages
in the selling,
practice |
20 | | of fitting, selecting, recommending, dispensing, or servicing
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21 | | of hearing instruments or the testing for means of hearing
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22 | | instrument selection or who
advertises or displays a sign or |
23 | | represents himself or herself as a person
who
practices the |
24 | | testing, fitting, selecting, servicing, dispensing,
or selling |
25 | | of hearing instruments.
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26 | | "Fund" means the Hearing Instrument Dispenser Examining
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1 | | and Disciplinary Fund.
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2 | | "Hearing Care Professional" means a person who is a |
3 | | licensed
audiologist, a licensed hearing instrument dispenser, |
4 | | or a licensed
physician.
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5 | | (Source: P.A. 98-362, eff. 8-16-13.)
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6 | | (225 ILCS 50/6) (from Ch. 111, par. 7406)
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7 | | (Section scheduled to be repealed on January 1, 2016)
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8 | | Sec. 6. Mail order and Internet sales. Nothing in this Act |
9 | | shall prohibit
a corporation, partnership,
trust, association, |
10 | | or other organization, maintaining an established
business
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11 | | address, from engaging in the business of selling or offering |
12 | | for sale hearing
instruments at retail by mail or by Internet |
13 | | to persons 18 years of age or older
who have not
been examined
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14 | | by a licensed physician or tested by a licensed hearing |
15 | | instrument
dispenser provided that:
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16 | | (a) The organization is registered by the Department prior
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17 | | to engaging
in business in this State and has paid the fee set |
18 | | forth in
this
Act.
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19 | | (b) The organization files with the Department, prior to
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20 | | registration
and annually thereafter, a Disclosure Statement |
21 | | containing the following:
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22 | | (1) the name under which the organization is doing or |
23 | | intends to do
business
and the name of any affiliated |
24 | | company which the organization recommends
or will |
25 | | recommend to persons as a supplier of goods or services or |
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1 | | in
connection with other business transactions of the |
2 | | organization;
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3 | | (2) the organization's principal business address and |
4 | | the name and address
of its agent in this State authorized |
5 | | to receive service of process;
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6 | | (3) the business form of the organization, whether |
7 | | corporate, partnership,
or otherwise and the state or other |
8 | | sovereign power under which the
organization is organized;
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9 | | (4) the names of the directors or persons performing |
10 | | similar functions
and names and addresses of the chief |
11 | | executive officer, and the financial,
accounting, sales, |
12 | | and other principal executive officers, if the |
13 | | organization
is a corporation, association, or other |
14 | | similar entity; of all general
partners, if the |
15 | | organization is a partnership; and of the owner, if the
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16 | | organization is a sole proprietorship, together with a |
17 | | statement of the
business background during the past 5 |
18 | | years for each such person;
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19 | | (5) a statement as to whether the organization or any |
20 | | person identified
in the disclosure statement:
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21 | | (i) has during the 5 year period immediately |
22 | | preceding the date of the
disclosure statement been |
23 | | convicted of a felony, pleaded nolo contendere
to a |
24 | | felony charge, or been held liable in a civil action by |
25 | | final judgment,
if such felony or civil action involved |
26 | | fraud, embezzlement, or
misappropriation of property, |
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1 | | and a description thereof; or
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2 | | (ii) is subject to any currently effective |
3 | | injunctive or restrictive
order
as a result of a |
4 | | proceeding or pending action brought by any government |
5 | | agency
or department, and a description thereof; or
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6 | | (iii) is a defendant in any pending criminal or |
7 | | material civil action
relating to fraud, embezzlement, |
8 | | misappropriation of property or violations
of the |
9 | | antitrust or trade regulation laws of the United States |
10 | | or any state,
and a description thereof; or
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11 | | (iv) has during the 5 year period immediately |
12 | | preceding the date of the
disclosure statement had |
13 | | entered against such person or organization a final
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14 | | judgment in any material civil proceeding, and a |
15 | | description thereof; or
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16 | | (v) has during the 5 year period immediately |
17 | | preceding the date of the
disclosure statement been |
18 | | adjudicated a bankrupt or reorganized due to
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19 | | insolvency or was a principal executive officer or |
20 | | general partner of any
company that has been |
21 | | adjudicated a bankrupt or reorganized due to
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22 | | insolvency during such 5 year period, and a description |
23 | | thereof;
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24 | | (6) the length of time the organization and any |
25 | | predecessor of the
organization has conducted a business |
26 | | dealing with hearing instrument goods or services;
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1 | | (7) a financial statement of the organization
as
of the |
2 | | close of the most recent fiscal year
of the organization. |
3 | | If the financial statement is filed later than 120
days |
4 | | following the close of the fiscal year of the organization |
5 | | it must
be accompanied by a statement of the organization |
6 | | of any material changes
in the financial condition of the |
7 | | organization;
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8 | | (8) a general description of the business, including |
9 | | without limitation
a description of the goods, training |
10 | | programs, supervision, advertising,
promotion and other |
11 | | services provided by the organization;
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12 | | (9) a statement of any compensation or other benefit |
13 | | given or promised
to a public figure arising, in whole or |
14 | | in part, from (i) the use of the
public figure in the name |
15 | | or symbol of the organization or (ii) the endorsement
or |
16 | | recommendation of the organization by the public figure in |
17 | | advertisements;
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18 | | (10) a statement setting forth such additional |
19 | | information and such
comments
and explanations relative to |
20 | | the information contained in the disclosure
statement as |
21 | | the organization may desire to present. |
22 | | (b-5) If a device being sold does not meet the definition |
23 | | of a hearing instrument or hearing device as stated in this |
24 | | Act, the organization shall include a disclaimer in all written |
25 | | or electronic promotions. The disclaimer shall include the |
26 | | following language: |
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1 | | "This is not a hearing instrument or hearing aid as |
2 | | defined in the Hearing Instrument Consumer Protection Act, |
3 | | but a personal amplifier and not intended to replace a |
4 | | properly fitted and calibrated hearing instrument.".
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5 | | (c) The organization files with the Department prior to
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6 | | registration
and annually thereafter a statement that it |
7 | | complies with
the Act, the rules
issued pursuant to it, and the |
8 | | regulations of the Federal Food and Drug
Administration and the |
9 | | Federal Trade Commission insofar as they are applicable.
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10 | | (d) The organization files with the Department at the time
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11 | | of
registration an irrevocable consent to service of process |
12 | | authorizing the
Department and any of its successors to be |
13 | | served any notice, process, or
pleading in any action or |
14 | | proceeding against the organization
arising out
of or in |
15 | | connection with any violation of this Act. Such service shall
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16 | | have the effect of conferring personal jurisdiction over such |
17 | | organization
in any court of competent jurisdiction.
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18 | | (e) Before dispensing a hearing instrument to a resident
of |
19 | | this State, the organization informs the prospective users that |
20 | | they
need the following for proper fitting of a hearing |
21 | | instrument:
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22 | | (1) the results of an audiogram performed within the |
23 | | past 6 months by a
licensed audiologist or a licensed |
24 | | hearing instrument dispenser; and
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25 | | (2) an earmold impression obtained from the |
26 | | prospective user and taken by
a licensed hearing instrument |
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1 | | dispenser or licensed audiologist .
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2 | | (f) The prospective user receives a medical evaluation or
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3 | | the organization affords the prospective user an opportunity
to |
4 | | waive the medical
evaluation requirement of Section 4 of this |
5 | | Act and the testing requirement of
subsection (z) of Section |
6 | | 18, provided that
the
organization:
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7 | | (1) informs the prospective user that the exercise of |
8 | | the waiver is not
in the user's best health interest;
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9 | | (2) does not in any way actively encourage the |
10 | | prospective user to waive
the medical evaluation or test; |
11 | | and
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12 | | (3) affords the prospective user the option to sign
the |
13 | | following
statement:
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14 | | "I have been advised by .......... (hearing |
15 | | instrument
dispenser's name) that
the Food and Drug |
16 | | Administration and the State of Illinois have |
17 | | determined
that my best interest would be served if I |
18 | | had a medical
evaluation by a licensed physician, |
19 | | preferably a physician who
specialized in diseases of
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20 | | the ear, before purchasing a hearing instrument; or a |
21 | | test by a licensed audiologist or licensed
hearing |
22 | | instrument
dispenser utilizing established procedures |
23 | | and instrumentation in the fitting
of hearing |
24 | | instruments. I do not wish either a medical evaluation
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25 | | or test before
purchasing a hearing instrument."
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26 | | (g) Where a sale, lease, or rental of hearing instruments |
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1 | | is sold or contracted
to be sold to a consumer by mail order, |
2 | | the consumer may
void the contract or sale by notifying the |
3 | | seller within
45 business days following that day on which the |
4 | | hearing
instruments were mailed by the seller to the consumer |
5 | | and by
returning to the seller in its original condition any |
6 | | hearing
instrument
delivered to the consumer under the contract |
7 | | or sale.
At the time the hearing instrument is
mailed, the |
8 | | seller shall furnish the consumer
with a fully completed |
9 | | receipt or copy of any contract pertaining to the
sale that |
10 | | contains a "Notice of Cancellation" informing the
consumer that |
11 | | he or she
may cancel the sale at any time within 45 business |
12 | | days and
disclosing the
date of the mailing and the name,
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13 | | address, and telephone number
of the seller. In immediate |
14 | | proximity to the space reserved in the
contract
for the |
15 | | signature of the consumer, or on the front page of the receipt |
16 | | if
a contract is not used, and in bold face type of a minimum |
17 | | size of 10
points, there shall be
a statement in substantially |
18 | | the following form:
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19 | | "You, the buyer, may cancel this transaction at any |
20 | | time prior to
midnight
of the 45th business day after the |
21 | | date of this transaction. See
the attached
notice of |
22 | | cancellation form for an explanation of this right."
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23 | | Attached to the receipt or contract shall be a completed |
24 | | form in
duplicate,
captioned "NOTICE OF CANCELLATION" which |
25 | | shall be easily detachable and
which shall contain in at least |
26 | | 10 point bold face type the following
information
and |
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1 | | statements in the same language as that used in the contract:
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2 | | "NOTICE OF CANCELLATION
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3 | | enter date of transaction
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4 | | .........................
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5 | | (DATE)
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6 | | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR |
7 | | OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
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8 | | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY |
9 | | YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE |
10 | | RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU |
11 | | WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY |
12 | | THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
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13 | | PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST |
14 | | ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
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15 | | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN |
16 | | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS |
17 | | DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
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18 | | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED |
19 | | AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER |
20 | | WRITTEN NOTICE, OR SEND A TELEGRAM,
TO (name of seller), AT |
21 | | (address of seller's place of business) AND (seller's
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22 | | telephone number) NO LATER THAN MIDNIGHT OF |
23 | | ...........(date).
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24 | | I HEREBY CANCEL THIS TRANSACTION.
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25 | | (Date)............
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26 | | ..................
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1 | | (Buyers Signature)"
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2 | | The written "Notice of Cancellation" may be sent by the |
3 | | consumer
to the
seller to cancel the contract. The 45-day |
4 | | period
does not commence until the consumer is furnished the |
5 | | Notice
of Cancellation
and
the address and phone number at |
6 | | which such notice to the seller can be given.
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7 | | If the conditions of this Section are met, the seller must |
8 | | return to the
consumer the amount of any payment
made or |
9 | | consideration given under
the contract or for the merchandise |
10 | | less a nonrefundable
restocking fee.
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11 | | It is an unlawful practice
for a seller to: (1) hold a |
12 | | consumer responsible for any liability or
obligation under any |
13 | | mail order transaction if the consumer claims not to have
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14 | | received the merchandise unless the merchandise was sent by |
15 | | certified mail or
other delivery method by which the seller is |
16 | | provided with proof of delivery; (2) fail,
before
furnishing |
17 | | copies of the "Notice of Cancellation" to the
consumer, to |
18 | | complete both copies by entering the name of the seller, the
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19 | | address of the seller's place of business, the seller's |
20 | | telephone number,
the date of the mailing, and the date, not |
21 | | earlier
than the 45th
business
day following the date of the |
22 | | mailing, by which the
consumer may give notice
of cancellation; |
23 | | (3) include in any contract or receipt any
confession of
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24 | | judgment or any waiver of any of the rights to which the |
25 | | consumer is entitled
under this Section including specifically |
26 | | his right to cancel the
sale in accordance with the provisions |
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1 | | of this Section; (4)
misrepresent
in any manner the consumer's |
2 | | right to cancel; (5) use any undue
influence,
coercion, or any |
3 | | other wilful act or representation to interfere with the
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4 | | consumer's exercise of his rights under this Section; (6) fail |
5 | | or
refuse
to honor any valid notice of
cancellation and return |
6 | | of
merchandise
by a consumer and, within 10
business
days after |
7 | | the receipt of such
notice and merchandise
pertaining to such |
8 | | transaction,
to (i) refund payments made
under
the contract or |
9 | | sale, (ii) return any goods or property traded in, in
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10 | | substantially as good condition as when received by the person, |
11 | | (iii)
cancel and return any negotiable instrument executed by |
12 | | the consumer in
connection with the contract or sale and take |
13 | | any action necessary or
appropriate to terminate promptly any |
14 | | security interest created in the
transaction; (7) negotiate, |
15 | | transfer, sell, or assign any note or
other
evidence of |
16 | | indebtedness to a finance company or other third party prior to |
17 | | the 50th business day following the day of the
mailing;
or (8) |
18 | | fail to provide the consumer of a hearing instrument with |
19 | | written
information stating the name, address, and telephone |
20 | | number of the Department
and informing the consumer that |
21 | | complaints regarding hearing instrument goods
or services may |
22 | | be made to the Department.
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23 | | (h) The organization employs only licensed
hearing
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24 | | instrument dispensers in the
dispensing of hearing instruments |
25 | | and files with the Department,
by
January 1 of
each year, a |
26 | | list of all licensed hearing instrument dispensers
employed by |
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1 | | it.
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2 | | (Source: P.A. 98-362, eff. 8-16-13.)
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3 | | (225 ILCS 50/6.1) |
4 | | (Section scheduled to be repealed on January 1, 2016) |
5 | | Sec. 6.1. Reciprocity. The Department shall issue a license |
6 | | to any hearing instrument dispenser who (i) has been certified |
7 | | by the National Board for Certification in Hearing Instrument |
8 | | Sciences and has been actively practicing for a minimum of 5 |
9 | | years or (ii) has a valid license as a hearing instrument |
10 | | dispenser, or its equivalent, from another state that has an |
11 | | examination that is comparable to the examination required |
12 | | under this Act or is provided by the International Hearing |
13 | | Society, (iii) (ii) has completed the specific academic and |
14 | | training requirements, or their equivalent, under this Act, |
15 | | (iv) (iii) has been actively practicing as a hearing instrument |
16 | | dispenser for at least 3 months or is certified by the National |
17 | | Board for Certification in Hearing Instrument Sciences, and (v) |
18 | | (iv) has paid the required fee.
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19 | | (Source: P.A. 96-683, eff. 1-1-10.)
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20 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
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21 | | (Section scheduled to be repealed on January 1, 2016)
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22 | | Sec. 8. Applicant qualifications; examination.
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23 | | (a) In order to protect persons who are deaf or hard of |
24 | | hearing with hearing impairments , the Department
shall |
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1 | | authorize or shall conduct an appropriate examination for |
2 | | persons
who dispense, test, select, recommend, fit, or service |
3 | | hearing
instruments. The frequency of holding these |
4 | | examinations shall
be determined by the Department by rule. |
5 | | Those
who successfully pass such an examination shall be issued |
6 | | a license
as a hearing instrument dispenser, which shall be |
7 | | effective for
a 2-year period.
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8 | | (b) Applicants shall be:
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9 | | (1) at least 18 years of age;
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10 | | (2) of good moral character;
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11 | | (3) the holder of an associate's degree a high school |
12 | | graduate or the equivalent;
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13 | | (4) free of contagious or infectious disease; and
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14 | | (5) a citizen or person who has the status as a legal |
15 | | alien.
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16 | | Felony convictions of the applicant and findings against |
17 | | the applicant
involving matters set forth in Sections 17 and 18 |
18 | | shall be considered in
determining moral character, but such a |
19 | | conviction or finding shall not make an
applicant ineligible to |
20 | | register for examination.
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21 | | (c) Prior to engaging in the practice of fitting, |
22 | | dispensing, or servicing
hearing instruments, an applicant
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23 | | shall demonstrate, by means of written
and practical |
24 | | examinations, that such person is qualified to
practice the |
25 | | testing, selecting, recommending, fitting, selling, or
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26 | | servicing of hearing instruments as defined in this
Act. An |
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1 | | applicant must who fails to obtain a license within 12
months |
2 | | after passing either both the written or and practical |
3 | | examination, whichever is passed first, or examinations must |
4 | | take and
pass those examinations again in order to be eligible |
5 | | to receive a license.
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6 | | The Department shall, by rule, determine the conditions |
7 | | under which an
individual is examined.
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8 | | (d) Proof of having met the minimum requirements of |
9 | | continuing education
as determined by the Board shall be |
10 | | required of all license renewals.
Pursuant to rule, the |
11 | | continuing education requirements may, upon petition to
the |
12 | | Board,
be waived in whole or in part if the hearing instrument |
13 | | dispenser
can demonstrate
that he or she served in the Coast |
14 | | Guard or Armed Forces, had an extreme
hardship, or obtained his |
15 | | or her license by examination or
endorsement within
the |
16 | | preceding renewal period.
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17 | | (e) Persons applying for an initial
license
must |
18 | | demonstrate having earned, at a minimum, an associate degree or |
19 | | its equivalent from an
accredited institution of higher |
20 | | education that is recognized by the U.S. Department of |
21 | | Education or that meets the U.S. Department of Education |
22 | | equivalency as determined through a National Association of |
23 | | Credential Evaluation Services (NACES) member, and meet the |
24 | | other requirements of
this Section. In addition, the applicant |
25 | | must demonstrate the successful
completion of 12 semester hours |
26 | | or 18 quarter hours of academic undergraduate
course work in an |
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1 | | accredited institution consisting of 3 semester hours of
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2 | | anatomy and physiology of the speech and hearing mechanism, 3 |
3 | | semester hours of
hearing science, 3 semester hours of |
4 | | introduction to audiology, and 3 semester
hours of aural |
5 | | rehabilitation, or the quarter hour equivalent. Persons
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6 | | licensed before January 1, 2003 who
have a valid license on |
7 | | that date may have their license renewed
without meeting the |
8 | | requirements of this subsection.
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9 | | (Source: P.A. 96-683, eff. 1-1-10.)
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10 | | (225 ILCS 50/9.5) |
11 | | (Section scheduled to be repealed on January 1, 2016) |
12 | | Sec. 9.5. Trainees. |
13 | | (a) In order to receive a trainee license, a person must |
14 | | apply to the Department and provide acceptable evidence of his |
15 | | or her completion of the required courses pursuant to |
16 | | subsection (e) of Section 8 of this Act, or its equivalent as |
17 | | determined by the Department. A trainee license expires 12 6 |
18 | | months from the date of issue and is non-renewable. |
19 | | (b) A trainee shall perform the functions of a hearing |
20 | | instrument dispenser in accordance with the Department rules |
21 | | and only under the direct supervision of a hearing instrument |
22 | | dispenser or audiologist who is licensed in the State. For the |
23 | | purposes of this Section, "direct supervision" means that the |
24 | | licensed hearing instrument dispenser or audiologist shall |
25 | | give final approval to all work performed by the trainee and |
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1 | | shall be physically present anytime the trainee has contact |
2 | | with the client. The licensed hearing instrument dispenser or |
3 | | audiologist is responsible for all of the work that is |
4 | | performed by the trainee. |
5 | | (c) The Department may limit the number of trainees that |
6 | | may be under the direct supervision of the same licensed |
7 | | hearing instrument dispenser or licensed audiologist.
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8 | | (d) The Department may establish a trainee licensing fee by |
9 | | rule. |
10 | | (Source: P.A. 96-846, eff. 6-1-10 .)
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11 | | (225 ILCS 50/16) (from Ch. 111, par. 7416)
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12 | | (Section scheduled to be repealed on January 1, 2016)
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13 | | Sec. 16. Hearing Instrument Consumer Protection Board. |
14 | | There shall be
established a Hearing Instrument Consumer |
15 | | Protection
Board which shall assist, advise and make |
16 | | recommendations to the Department.
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17 | | The Board shall consist of 6 members who shall be residents |
18 | | of
Illinois.
One shall be a licensed physician who specializes |
19 | | in otology or otolaryngology;
one shall be a member of a |
20 | | consumer-oriented organization concerned with
the deaf or hard |
21 | | of hearing hearing impaired ; one shall be from the general |
22 | | public, preferably a
senior citizen; 2 shall be licensed |
23 | | hearing instrument
dispensers who are
National Board Certified
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24 | | Hearing
Instrument
Specialists; and one shall be a licensed
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25 | | audiologist. If a
vote of the Board results in a tie, the |
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1 | | Director shall cast the deciding
vote.
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2 | | Members of the Board shall be appointed by the Director |
3 | | after consultation
with appropriate professional organizations |
4 | | and consumer groups.
The term of office of each shall be 4 |
5 | | years. Before a member's term expires,
the Director shall |
6 | | appoint a successor to assume member's duties at the
expiration |
7 | | of his or her predecessor's term. A vacancy shall be filled by
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8 | | appointment for the unexpired term. The members shall annually |
9 | | designate
one member as chairman. No member of the Board who |
10 | | has served 2
successive, full terms may be reappointed. The |
11 | | Director may remove
members for good cause.
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12 | | Members of the Board shall receive reimbursement for actual |
13 | | and necessary
travel and for other expenses, not to exceed the |
14 | | limit established by the
Department.
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15 | | (Source: P.A. 91-932, eff. 1-1-01; 91-949, eff. 2-9-01 .)
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16 | | (225 ILCS 50/17) (from Ch. 111, par. 7417)
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17 | | (Section scheduled to be repealed on January 1, 2016)
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18 | | Sec. 17. Duties of the Board. The Board shall advise the |
19 | | Department in
all matters relating
to this Act and shall assist |
20 | | as requested by the Director.
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21 | | The Board shall respond to issues and problems relating to |
22 | | the improvement
of services to the deaf or hard of hearing |
23 | | hearing-impaired and shall make such recommendations
as it |
24 | | considers advisable. It shall file an annual report with the |
25 | | Director
and shall meet at least twice a year.
The Board may |
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1 | | meet at any time at the call of the chair.
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2 | | The Board shall recommend specialized education programs |
3 | | for persons wishing
to become licensed as hearing instrument |
4 | | dispensers and shall,
by rule, establish
minimum standards of |
5 | | continuing education required for license
renewal. No more than |
6 | | 5 hours of continuing education credit per year,
however, can |
7 | | be obtained through programs sponsored by hearing instrument
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8 | | manufacturers.
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9 | | The Board shall hear charges brought by any person against |
10 | | hearing instrument
dispensers and
shall recommend disciplinary |
11 | | action to the Director.
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12 | | Members of the Board are immune from liability in any |
13 | | action based upon a
licensing proceeding or other act performed |
14 | | in good faith as a member of the
Board.
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15 | | (Source: P.A. 93-525, eff. 8-12-03 .)
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