99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0731

 

Introduced 2/3/2015, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 80/4.26
5 ILCS 80/4.36 new
225 ILCS 50/8  from Ch. 111, par. 7408
225 ILCS 50/17  from Ch. 111, par. 7417

    Amends the Regulatory Sunset Act. Extends the repeal of the Hearing Instrument Consumer Protection Act from January 1, 2016 to January 1, 2026. Amends the Hearing Instrument Consumer Protection Act. Requires that the Department of Public Health use the International Hearing Society's licensure exam in licensing hearing instrument dispensers. Provides that the Department of Public Health determine an exam administration fee by rule to add to the exam fee of the International Hearing Society. Requires that licensed hearing instrument dispensers earn at least one hour of continuing education credit in Illinois law and ethics. Provides that continuing education offered by a college, university, or bar association, the International Hearing Society, the Illinois Academy of Audiology, or the Illinois Hearing Society regarding Illinois law and ethics shall be accepted toward satisfaction of this continuing education requirement. Effective immediately.


LRB099 05939 MLM 25988 b

 

 

A BILL FOR

 

SB0731LRB099 05939 MLM 25988 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.26 and by adding Section 4.36 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.
17    The Illinois Physical Therapy Act.
18    The Professional Geologist Licensing Act.
19(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
2096-1246, eff. 1-1-11.)
 
21    (5 ILCS 80/4.36 new)
22    Sec. 4.36. Act repealed on January 1, 2026. The following

 

 

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1Act is repealed on January 1, 2026:
2    The Hearing Instrument Consumer Protection Act.
 
3    Section 10. The Hearing Instrument Consumer Protection Act
4is amended by changing Sections 8 and 17 as follows:
 
5    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 8. Applicant qualifications; examination.
8    (a) In order to protect persons who are deaf or hard of
9hearing, the Department shall authorize the use of the
10International Hearing Society's licensure examination or shall
11conduct an appropriate examination for persons who dispense,
12test, select, recommend, fit, or service hearing instruments.
13An exam administration fee shall be determined by the
14Department by rule and added to the exam fee of the
15International Hearing Society. The frequency of holding these
16examinations shall be determined by the Department by rule.
17Those who successfully pass such an examination shall be issued
18a license as a hearing instrument dispenser, which shall be
19effective for a 2-year period.
20    (b) Applicants shall be:
21        (1) at least 18 years of age;
22        (2) of good moral character;
23        (3) the holder of an associate's degree or the
24    equivalent;

 

 

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1        (4) free of contagious or infectious disease; and
2        (5) a citizen or person who has the status as a legal
3    alien.
4    Felony convictions of the applicant and findings against
5the applicant involving matters set forth in Sections 17 and 18
6shall be considered in determining moral character, but such a
7conviction or finding shall not make an applicant ineligible to
8register for examination.
9    (c) Prior to engaging in the practice of fitting,
10dispensing, or servicing hearing instruments, an applicant
11shall demonstrate, by means of written and practical
12examinations, that such person is qualified to practice the
13testing, selecting, recommending, fitting, selling, or
14servicing of hearing instruments as defined in this Act. An
15applicant must obtain a license within 12 months after passing
16either the written or practical examination, whichever is
17passed first, or must take and pass those examinations again in
18order to be eligible to receive a license.
19    The Department shall, by rule, determine the conditions
20under which an individual is examined.
21    (d) Proof of having met the minimum requirements of
22continuing education as determined by the Board shall be
23required of all license renewals. Pursuant to rule, the
24continuing education requirements may, upon petition to the
25Board, be waived in whole or in part if the hearing instrument
26dispenser can demonstrate that he or she served in the Coast

 

 

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1Guard or Armed Forces, had an extreme hardship, or obtained his
2or her license by examination or endorsement within the
3preceding renewal period.
4    (e) Persons applying for an initial license must
5demonstrate having earned, at a minimum, an associate degree or
6its equivalent from an accredited institution of higher
7education that is recognized by the U.S. Department of
8Education or that meets the U.S. Department of Education
9equivalency as determined through a National Association of
10Credential Evaluation Services (NACES) member, and meet the
11other requirements of this Section. In addition, the applicant
12must demonstrate the successful completion of 12 semester hours
13or 18 quarter hours of academic undergraduate course work in an
14accredited institution consisting of 3 semester hours of
15anatomy and physiology of the speech and hearing mechanism, 3
16semester hours of hearing science, 3 semester hours of
17introduction to audiology, and 3 semester hours of aural
18rehabilitation, or the quarter hour equivalent. Persons
19licensed before January 1, 2003 who have a valid license on
20that date may have their license renewed without meeting the
21requirements of this subsection.
22(Source: P.A. 98-827, eff. 1-1-15.)
 
23    (225 ILCS 50/17)  (from Ch. 111, par. 7417)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 17. Duties of the Board. The Board shall advise the

 

 

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1Department in all matters relating to this Act and shall assist
2as requested by the Director.
3    The Board shall respond to issues and problems relating to
4the improvement of services to the deaf or hard of hearing and
5shall make such recommendations as it considers advisable. It
6shall file an annual report with the Director and shall meet at
7least twice a year. The Board may meet at any time at the call
8of the chair.
9    The Board shall recommend specialized education programs
10for persons wishing to become licensed as hearing instrument
11dispensers and shall, by rule, establish minimum standards of
12continuing education required for license renewal. No more than
135 hours of continuing education credit per year, however, can
14be obtained through programs sponsored by hearing instrument
15manufacturers. A minimum of one hour of continuing education
16credit per year must be obtained in Illinois law and ethics.
17Continuing education offered by a college, university, or bar
18association, the International Hearing Society, the Illinois
19Academy of Audiology, or the Illinois Hearing Society regarding
20Illinois law and ethics shall be accepted toward satisfaction
21of the Illinois law and ethics continuing education
22requirement.
23    The Board shall hear charges brought by any person against
24hearing instrument dispensers and shall recommend disciplinary
25action to the Director.
26    Members of the Board are immune from liability in any

 

 

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1action based upon a licensing proceeding or other act performed
2in good faith as a member of the Board.
3(Source: P.A. 98-827, eff. 1-1-15.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.