Sen. Iris Y. Martinez

Filed: 3/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 731

2    AMENDMENT NO. ______. Amend Senate Bill 731 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 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 Acts repealed on January 1, 2016.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8Acts are repealed on January 1, 2016: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.

 

 

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1    The Illinois Physical Therapy Act.
2    The Professional Geologist Licensing Act.
3(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
496-1246, eff. 1-1-11.)
 
5    (5 ILCS 80/4.36 new)
6    Sec. 4.36. Act repealed on January 1, 2026. The following
7Act is repealed on January 1, 2026:
8    The Hearing Instrument Consumer Protection Act.
 
9    Section 10. The Hearing Instrument Consumer Protection Act
10is amended by changing Sections 5, 8, 15, and 17 as follows:
 
11    (225 ILCS 50/5)  (from Ch. 111, par. 7405)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 5. License required. No person shall engage in the
14selling, practice of testing, fitting, selecting,
15recommending, adapting, dispensing, or servicing hearing
16instruments or display a sign, advertise, or represent oneself
17as a person who practices the fitting or selling of hearing
18instruments unless such person holds a current license issued
19by the Department as provided in this Act. Such person shall be
20known as a licensed hearing instrument dispenser. Individuals
21licensed pursuant to the provisions of Section 8 of this Act
22shall be deemed qualified to provide tests of human hearing and
23hearing instrument evaluations for the purpose of dispensing a

 

 

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1hearing instrument for which any State agency may contract. The
2license shall be conspicuously displayed in the place of
3business. Duplicate licenses shall be issued by the Department
4to licensees operating more than one office upon the additional
5payment set forth in this Act. No hearing instrument
6manufacturer may distribute, sell, or otherwise provide
7hearing instruments to any unlicensed hearing care
8professional for the purpose of selling hearing instruments to
9the consumer.
10    Except for violations of the provisions of this Act, or the
11rules promulgated under it, nothing in this Act shall prohibit
12a corporation, partnership, trust, association, or other
13entity from engaging in the business of testing, fitting,
14servicing, selecting, dispensing, selling, or offering for
15sale hearing instruments at retail without a license, provided
16it employs only licensed individuals in the direct testing,
17fitting, servicing, selecting, offering for sale, or
18dispensing of such products. Each such corporation,
19partnership, trust, association, or other entity shall file
20with the Department, prior to doing business in this State and
21by July 1 of each calendar year thereafter, on forms prescribed
22by the Department, a list of all licensed hearing instrument
23dispensers employed by it and a statement attesting that it
24complies with this Act and the rules promulgated under it and
25the regulations of the Federal Food and Drug Administration and
26the Federal Trade Commission insofar as they are applicable.

 

 

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1(Source: P.A. 89-72, eff. 12-31-95; 90-655, eff. 7-30-98.)
 
2    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 8. Applicant qualifications; examination.
5    (a) In order to protect persons who are deaf or hard of
6hearing, the Department shall authorize or shall conduct an
7appropriate examination, which may be the International
8Hearing Society's licensure examination, for persons who
9dispense, test, select, recommend, fit, or service hearing
10instruments. The frequency of holding these examinations shall
11be determined by the Department by rule. Those who successfully
12pass such an examination shall be issued a license as a hearing
13instrument dispenser, which shall be effective for a 2-year
14period.
15    (b) Applicants shall be:
16        (1) at least 18 years of age;
17        (2) of good moral character;
18        (3) the holder of an associate's degree or the
19    equivalent;
20        (4) free of contagious or infectious disease; and
21        (5) a citizen or person who has the status as a legal
22    alien.
23    Felony convictions of the applicant and findings against
24the applicant involving matters set forth in Sections 17 and 18
25shall be considered in determining moral character, but such a

 

 

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1conviction or finding shall not make an applicant ineligible to
2register for examination.
3    (c) Prior to engaging in the practice of fitting,
4dispensing, or servicing hearing instruments, an applicant
5shall demonstrate, by means of written and practical
6examinations, that such person is qualified to practice the
7testing, selecting, recommending, fitting, selling, or
8servicing of hearing instruments as defined in this Act. An
9applicant must obtain a license within 12 months after passing
10either the written or practical examination, whichever is
11passed first, or must take and pass those examinations again in
12order to be eligible to receive a license.
13    The Department shall, by rule, determine the conditions
14under which an individual is examined.
15    (d) Proof of having met the minimum requirements of
16continuing education as determined by the Board shall be
17required of all license renewals. Pursuant to rule, the
18continuing education requirements may, upon petition to the
19Board, be waived in whole or in part if the hearing instrument
20dispenser can demonstrate that he or she served in the Coast
21Guard or Armed Forces, had an extreme hardship, or obtained his
22or her license by examination or endorsement within the
23preceding renewal period.
24    (e) Persons applying for an initial license must
25demonstrate having earned, at a minimum, an associate degree or
26its equivalent from an accredited institution of higher

 

 

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1education that is recognized by the U.S. Department of
2Education or that meets the U.S. Department of Education
3equivalency as determined through a National Association of
4Credential Evaluation Services (NACES) member, and meet the
5other requirements of this Section. In addition, the applicant
6must demonstrate the successful completion of 12 semester hours
7or 18 quarter hours of academic undergraduate course work in an
8accredited institution consisting of 3 semester hours of
9anatomy and physiology of the speech and hearing mechanism, 3
10semester hours of hearing science, 3 semester hours of
11introduction to audiology, and 3 semester hours of aural
12rehabilitation, or the quarter hour equivalent. Persons
13licensed before January 1, 2003 who have a valid license on
14that date may have their license renewed without meeting the
15requirements of this subsection.
16(Source: P.A. 98-827, eff. 1-1-15.)
 
17    (225 ILCS 50/15)  (from Ch. 111, par. 7415)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 15. Fees.
20    (a) The examination and licensure fees paid to the
21Department are not refundable and shall be set forth by
22administrative rule. The Department may require a fee for the
23administration of the examination in addition to examination
24and licensure fees.
25    (b) The moneys received as fees and fines by the Department

 

 

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1under this Act shall be deposited in the Hearing Instrument
2Dispenser Examining and Disciplinary Fund, which is hereby
3created as a special fund in the State Treasury, and shall be
4used only for the administration and enforcement of this Act,
5including: (1) costs directly related to licensing of persons
6under this Act; and (2) by the Board in the exercise of its
7powers and performance of its duties, and such use shall be
8made by the Department with full consideration of all
9recommendations of the Board.
10    All moneys deposited in the Fund shall be appropriated to
11the Department for expenses of the Department and the Board in
12the administration and enforcement of this Act.
13    Moneys in the Fund may be invested and reinvested, with all
14earnings deposited in the Fund and used for the purposes set
15forth in this Act.
16    Upon the completion of any audit of the Department as
17prescribed by the Illinois State Auditing Act, which audit
18shall include an audit of the Fund, the Department shall make a
19copy of the audit open to inspection by any interested person,
20which copy shall be submitted to the Department by the Auditor
21General, in addition to the copies of audit reports required to
22be submitted to other State officers and agencies by Section
233-14 of the Illinois State Auditing Act.
24(Source: P.A. 96-683, eff. 1-1-10.)
 
25    (225 ILCS 50/17)  (from Ch. 111, par. 7417)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 17. Duties of the Board. The Board shall advise the
3Department in all matters relating to this Act and shall assist
4as requested by the Director.
5    The Board shall respond to issues and problems relating to
6the improvement of services to the deaf or hard of hearing and
7shall make such recommendations as it considers advisable. It
8shall file an annual report with the Director and shall meet at
9least twice a year. The Board may meet at any time at the call
10of the chair.
11    The Board shall recommend specialized education programs
12for persons wishing to become licensed as hearing instrument
13dispensers and shall, by rule, establish minimum standards of
14continuing education required for license renewal. No more than
155 hours of continuing education credit per year, however, can
16be obtained through programs sponsored by hearing instrument
17manufacturers. A minimum of 2 hours of continuing education
18credit per licensing period must be obtained in Illinois law
19and ethics. Continuing education offered by a college,
20university, or bar association, the International Hearing
21Society, the American Academy of Audiology, the Illinois
22Speech-Language-Hearing Association, the Illinois Academy of
23Audiology, or the Illinois Hearing Society regarding Illinois
24law and ethics shall be accepted toward satisfaction of the
25Illinois law and ethics continuing education requirement.
26    The Board shall hear charges brought by any person against

 

 

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1hearing instrument dispensers and shall recommend disciplinary
2action to the Director.
3    Members of the Board are immune from liability in any
4action based upon a licensing proceeding or other act performed
5in good faith as a member of the Board.
6(Source: P.A. 98-827, eff. 1-1-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".