Illinois General Assembly - Full Text of SB1721
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Full Text of SB1721  103rd General Assembly

SB1721 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1721

 

Introduced 2/9/2023, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Hearing Instrument Consumer Protection Act. Defines terms. Makes changes of references to "hearing instruments" to "hearing aids" when referring to the instrument or device. Provides that all hearing instruments or hearing aids must be dispensed or sold in accordance with Food and Drug Administration and Federal Trade Commission regulations governing the dispensing and sale of personal sound amplification products or hearing aids. Provides that a person age 17 or younger must be evaluated in person by either a licensed audiologist or a physician before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 17 or younger. Provides that a person age 18 or older must be evaluated by a hearing instrument professional in person or via telehealth before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 18 or older. Provides that hearing aid dispensing technicians are exempt from licensure under this Act but are otherwise subject to the practices and provisions of this Act. Provides that a trainee may be supervised by more than one licensed hearing instrument professional. Provides that hearing aid dispensing technicians may be employed by a hearing instrument professional to assist in the dispensing and servicing of hearing instruments without a license. Provides for duties of a hearing aid dispensing technician. Provides that continuing education credit per licensing period must include a minimum of (1) 2 hours in Illinois law and ethics, (2) one hour in sexual harassment prevention training, and (3) one hour in implicit bias awareness (rather than just a minimum of 2 hours in Illinois law and ethics). Makes other changes. Makes a corresponding change to the Public Utilities Act. Effective January 1, 2024.


LRB103 27016 AMQ 53383 b

 

 

A BILL FOR

 

SB1721LRB103 27016 AMQ 53383 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 Public Utilities Act is amended by changing
5Section 13-703 as follows:
 
6    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
7    (Section scheduled to be repealed on December 31, 2026)
8    Sec. 13-703. (a) The Commission shall design and implement
9a program whereby each telecommunications carrier providing
10local exchange service shall provide a telecommunications
11device capable of servicing the needs of those persons with a
12hearing or speech disability together with a single party
13line, at no charge additional to the basic exchange rate, to
14any subscriber who is certified as having a hearing or speech
15disability by a hearing instrument care professional, as
16defined in the Hearing Instrument Consumer Protection Act, a
17speech-language pathologist, or a qualified State agency and
18to any subscriber which is an organization serving the needs
19of those persons with a hearing or speech disability as
20determined and specified by the Commission pursuant to
21subsection (d).
22    (b) The Commission shall design and implement a program,
23whereby each telecommunications carrier providing local

 

 

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1exchange service shall provide a telecommunications relay
2system, using third party intervention to connect those
3persons having a hearing or speech disability with persons of
4normal hearing by way of intercommunications devices and the
5telephone system, making available reasonable access to all
6phases of public telephone service to persons who have a
7hearing or speech disability. In order to design a
8telecommunications relay system which will meet the
9requirements of those persons with a hearing or speech
10disability available at a reasonable cost, the Commission
11shall initiate an investigation and conduct public hearings to
12determine the most cost-effective method of providing
13telecommunications relay service to those persons who have a
14hearing or speech disability when using telecommunications
15devices and therein solicit the advice, counsel, and physical
16assistance of Statewide nonprofit consumer organizations that
17serve persons with hearing or speech disabilities in such
18hearings and during the development and implementation of the
19system. The Commission shall phase in this program, on a
20geographical basis, as soon as is practicable, but no later
21than June 30, 1990.
22    (c) The Commission shall establish a competitively neutral
23rate recovery mechanism that establishes charges in an amount
24to be determined by the Commission for each line of a
25subscriber to allow telecommunications carriers providing
26local exchange service to recover costs as they are incurred

 

 

SB1721- 3 -LRB103 27016 AMQ 53383 b

1under this Section. Beginning no later than April 1, 2016, and
2on a yearly basis thereafter, the Commission shall initiate a
3proceeding to establish the competitively neutral amount to be
4charged or assessed to subscribers of telecommunications
5carriers and wireless carriers, Interconnected VoIP service
6providers, and consumers of prepaid wireless
7telecommunications service in a manner consistent with this
8subsection (c) and subsection (f) of this Section. The
9Commission shall issue its order establishing the
10competitively neutral amount to be charged or assessed to
11subscribers of telecommunications carriers and wireless
12carriers, Interconnected VoIP service providers, and
13purchasers of prepaid wireless telecommunications service on
14or prior to June 1 of each year, and such amount shall take
15effect June 1 of each year.
16    Telecommunications carriers, wireless carriers,
17Interconnected VoIP service providers, and sellers of prepaid
18wireless telecommunications service shall have 60 days from
19the date the Commission files its order to implement the new
20rate established by the order.
21    (d) The Commission shall determine and specify those
22organizations serving the needs of those persons having a
23hearing or speech disability that shall receive a
24telecommunications device and in which offices the equipment
25shall be installed in the case of an organization having more
26than one office. For the purposes of this Section,

 

 

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1"organizations serving the needs of those persons with hearing
2or speech disabilities" means centers for independent living
3as described in Section 12a of the Rehabilitation of Persons
4with Disabilities Act and not-for-profit organizations whose
5primary purpose is serving the needs of those persons with
6hearing or speech disabilities. The Commission shall direct
7the telecommunications carriers subject to its jurisdiction
8and this Section to comply with its determinations and
9specifications in this regard.
10    (e) As used in this Section:
11    "Prepaid wireless telecommunications service" has the
12meaning given to that term under Section 10 of the Prepaid
13Wireless 9-1-1 Surcharge Act.
14    "Retail transaction" has the meaning given to that term
15under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
16    "Seller" has the meaning given to that term under Section
1710 of the Prepaid Wireless 9-1-1 Surcharge Act.
18    "Telecommunications carrier providing local exchange
19service" includes, without otherwise limiting the meaning of
20the term, telecommunications carriers which are purely mutual
21concerns, having no rates or charges for services, but paying
22the operating expenses by assessment upon the members of such
23a company and no other person.
24    "Wireless carrier" has the meaning given to that term
25under Section 2 of the Emergency Telephone System Act.
26    (f) Interconnected VoIP service providers, sellers of

 

 

SB1721- 5 -LRB103 27016 AMQ 53383 b

1prepaid wireless telecommunications service, and wireless
2carriers in Illinois shall collect and remit assessments
3determined in accordance with this Section in a competitively
4neutral manner in the same manner as a telecommunications
5carrier providing local exchange service. However, the
6assessment imposed on consumers of prepaid wireless
7telecommunications service shall be collected by the seller
8from the consumer and imposed per retail transaction as a
9percentage of that retail transaction on all retail
10transactions occurring in this State. The assessment on
11subscribers of wireless carriers and consumers of prepaid
12wireless telecommunications service shall not be imposed or
13collected prior to June 1, 2016.
14    Sellers of prepaid wireless telecommunications service
15shall remit the assessments to the Department of Revenue on
16the same form and in the same manner which they remit the fee
17collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
18the purposes of display on the consumers' receipts, the rates
19of the fee collected under the Prepaid Wireless 9-1-1
20Surcharge Act and the assessment under this Section may be
21combined. In administration and enforcement of this Section,
22the provisions of Sections 15 and 20 of the Prepaid Wireless
239-1-1 Surcharge Act (except subsections (a), (a-5), (b-5),
24(e), and (e-5) of Section 15 and subsections (c) and (e) of
25Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and,
26from June 29, 2015 (the effective date of Public Act 99-6), the

 

 

SB1721- 6 -LRB103 27016 AMQ 53383 b

1seller shall be permitted to deduct and retain 3% of the
2assessments that are collected by the seller from consumers
3and that are remitted and timely filed with the Department)
4that are not inconsistent with this Section, shall apply, as
5far as practicable, to the subject matter of this Section to
6the same extent as if those provisions were included in this
7Section. Beginning on January 1, 2018, the seller is allowed
8to deduct and retain 3% of the assessments that are collected
9by the seller from consumers and that are remitted timely and
10timely filed with the Department, but only if the return is
11filed electronically as provided in Section 3 of the
12Retailers' Occupation Tax Act. Sellers who demonstrate that
13they do not have access to the Internet or demonstrate
14hardship in filing electronically may petition the Department
15to waive the electronic filing requirement. The Department
16shall deposit all assessments and penalties collected under
17this Section into the Illinois Telecommunications Access
18Corporation Fund, a special fund created in the State
19treasury. On or before the 25th day of each calendar month, the
20Department shall prepare and certify to the Comptroller the
21amount available to the Commission for distribution out of the
22Illinois Telecommunications Access Corporation Fund. The
23amount certified shall be the amount (not including credit
24memoranda) collected during the second preceding calendar
25month by the Department, plus an amount the Department
26determines is necessary to offset any amounts which were

 

 

SB1721- 7 -LRB103 27016 AMQ 53383 b

1erroneously paid to a different taxing body or fund. The
2amount paid to the Illinois Telecommunications Access
3Corporation Fund shall not include any amount equal to the
4amount of refunds made during the second preceding calendar
5month by the Department to retailers under this Section or any
6amount that the Department determines is necessary to offset
7any amounts which were payable to a different taxing body or
8fund but were erroneously paid to the Illinois
9Telecommunications Access Corporation Fund. The Commission
10shall distribute all the funds to the Illinois
11Telecommunications Access Corporation and the funds may only
12be used in accordance with the provisions of this Section. The
13Department shall deduct 2% of all amounts deposited in the
14Illinois Telecommunications Access Corporation Fund during
15every year of remitted assessments. Of the 2% deducted by the
16Department, one-half shall be transferred into the Tax
17Compliance and Administration Fund to reimburse the Department
18for its direct costs of administering the collection and
19remittance of the assessment. The remaining one-half shall be
20transferred into the Public Utility Fund to reimburse the
21Commission for its costs of distributing to the Illinois
22Telecommunications Access Corporation the amount certified by
23the Department for distribution. The amount to be charged or
24assessed under subsections (c) and (f) is not imposed on a
25provider or the consumer for wireless Lifeline service where
26the consumer does not pay the provider for the service. Where

 

 

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1the consumer purchases from the provider optional minutes,
2texts, or other services in addition to the federally funded
3Lifeline benefit, a consumer must pay the charge or
4assessment, and it must be collected by the seller according
5to this subsection (f).
6    Interconnected VoIP services shall not be considered an
7intrastate telecommunications service for the purposes of this
8Section in a manner inconsistent with federal law or Federal
9Communications Commission regulation.
10    (g) The provisions of this Section are severable under
11Section 1.31 of the Statute on Statutes.
12    (h) The Commission may adopt rules necessary to implement
13this Section.
14(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15;
1599-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff.
161-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303,
17eff. 8-24-17; 100-863, eff. 8-14-18.)
 
18    Section 10. The Hearing Instrument Consumer Protection Act
19is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5,
2011, 14, 16, 17, 18, 19, and 20 and by adding Section 4.5 and 12
21as follows:
 
22    (225 ILCS 50/1)  (from Ch. 111, par. 7401)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 1. Purpose. The purpose of this Act is to protect the

 

 

SB1721- 9 -LRB103 27016 AMQ 53383 b

1deaf or hard of hearing public from the practice of dispensing
2hearing aids instruments that could endanger the health,
3safety and welfare of the People of this State. The Federal
4Food and Drug Administration and Federal Trade Commission has
5recommended that State legislation is necessary in order to
6establish standards of competency and to impose stringent
7penalties for those who violate the public trust in this field
8of health care.
9(Source: P.A. 98-827, eff. 1-1-15.)
 
10    (225 ILCS 50/3)  (from Ch. 111, par. 7403)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 3. Definitions. As used in this Act, except as the
13context requires otherwise:
14    "Controlling interest" means an ownership interest of
15greater than 50% in a licensed hearing aid dispensing practice
16in this State that is held by a manufacturer of hearing aids or
17medical devices.
18    "Department" means the Department of Public Health.
19    "Director" means the Director of the Department of Public
20Health.
21    "Direct supervision" means that the licensed hearing
22instrument professional must give final approval to all work
23performed by the person under supervision and must be
24physically present any time the person under supervision has
25contact with a client.

 

 

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1    "Federal Trade Commission" means the United States federal
2agency which regulates business practices and commerce.
3    "Food and Drug Administration" means the United States
4federal agency which regulates hearing instruments or hearing
5aids as medical devices.
6    "License" means a license issued by the State under this
7Act to a hearing instrument dispenser.
8    "Licensed audiologist" means a person licensed as an
9audiologist under the Illinois Speech-Language Pathology and
10Audiology Practice Act and who can prescribe hearing aids in
11accordance with this Act.
12    "National Board Certified Hearing Instrument Specialist"
13means a person who has had at least 2 years in practice as a
14licensed hearing instrument dispenser and has been certified
15after qualification by examination by the National Board for
16Certification in Hearing Instruments Sciences.
17    "Licensed physician" or "physician" means a physician
18licensed in Illinois to practice medicine in all of its
19branches pursuant to the Medical Practice Act of 1987.
20    "Trainee" means a person who is licensed to perform the
21functions of a hearing instrument dispenser in accordance with
22the Department rules and only under the direct supervision of
23a hearing instrument dispenser or audiologist who is licensed
24in the State.
25    "Board" means the Hearing Instrument Consumer Protection
26Board.

 

 

SB1721- 11 -LRB103 27016 AMQ 53383 b

1    "Hearing instrument" or "hearing aid" means any instrument
2or device, including an instrument or device dispensed
3pursuant to a prescription, that is designed, intended, or
4offered for the purpose of improving a person's hearing and
5any parts, attachments, or accessories, including earmolds.
6"Hearing instrument" or "hearing aid" does not include
7batteries, cords, and individual or group auditory training
8devices and any instrument or device used by a public utility
9in providing telephone or other communication services
10wearable instrument or device designed for or offered for the
11purpose of aiding or compensating for impaired human hearing
12and that can provide more than 15 dB full on gain via a 2cc
13coupler at any single frequency from 200 through 6000 cycles
14per second, and any parts, attachments, or accessories,
15including ear molds. "Hearing instrument" or "hearing aid" do
16not include batteries, cords, or group auditory training
17devices and any instrument or device used by a public utility
18in providing telephone or other communication services are
19excluded.
20    "Practice of prescribing, fitting, dispensing, or
21servicing of hearing aids instruments" means the measurement
22of human hearing with an audiometer, calibrated to the current
23American National Standard Institute standards, for the
24purpose of prescribing hearing aids and making selections,
25recommendations, adaptions, services, or sales of hearing aids
26instruments including the making of earmolds as a part of the

 

 

SB1721- 12 -LRB103 27016 AMQ 53383 b

1hearing aid instrument.
2    "Sell" or "sale" means any transfer of title or of the
3right to use by lease, bailment, or any other contract,
4excluding wholesale transactions with distributors or dealers.
5    "Hearing instrument dispenser" means a person who is a
6hearing instrument care professional that engages in the
7selling, practice of fitting, selecting, recommending,
8dispensing, prescribing, or servicing of hearing aids
9instruments or the testing for means of hearing aid instrument
10selection or who advertises or displays a sign or represents
11himself or herself as a person who practices the testing,
12fitting, selecting, servicing, dispensing, prescribing, or
13selling of hearing aids instruments.
14    "Fund" means the Hearing Instrument Dispenser Examining
15and Disciplinary Fund.
16    "Hearing instrument care professional" means a person who
17is a licensed audiologist, a licensed hearing instrument
18dispenser, or a licensed physician.
19    "Over-the-counter hearing aid" means a hearing instrument
20or hearing aid that meets the Food and Drug Administration's
21requirements for this class of device and which may be
22dispensed or sold without a hearing assessment, licensed
23hearing instrument professional fitting and dispensing
24engagement, or return for credit privileges as provided by
25federal law.
26    "Prescription hearing aid" means a hearing instrument or

 

 

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1hearing aid that meets the Food and Drug Administration's
2requirements for this class of device and which requires: (i)
3a hearing assessment and prescription for medically necessary
4hearing aids prior to purchase, (ii) fitting and dispensing by
5a licensed hearing instrument professional, and (ii) return
6for credit privileges.
7    "Personal sound amplification product" means an
8amplification device, as defined by the Food and Drug
9Administration or the Federal Trade Commission, that is not
10labeled as a hearing aid and is not intended to treat hearing
11loss.
12    "Proprietary programming software" means software used to
13program hearing aids that is supplied by a hearing aid
14distributor or manufacturer for the exclusive use by
15affiliated hearing instrument professionals and is
16inaccessible to the purchaser and nonaffiliated licensed
17hearing instrument professionals.
18    "Locked, nonproprietary software" means software that any
19hearing instrument professional can render inaccessible to
20other hearing aid programmers, hearing instrument
21professionals, or the purchaser.
22(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
23    (225 ILCS 50/4)  (from Ch. 111, par. 7404)
24    (Section scheduled to be repealed on January 1, 2026)
25    Sec. 4. Disclosure; waiver; complaints; insurance. The

 

 

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1hearing instrument dispenser shall give at no charge to every
2person fitted and sold a hearing aid instrument the "User
3Instructional Brochure", supplied by the hearing aid
4instrument manufacturer containing information required by the
5U.S. Food and Drug Administration.
6    All hearing instruments or hearing aids must be dispensed
7or sold in accordance with Food and Drug Administration and
8Federal Trade Commission regulations governing the dispensing
9and sale of personal sound amplification products or hearing
10aids.
11    A consumer who purchases an over-the-counter hearing aid
12must be provided a sales receipt at the time of the
13transaction.
14    Whenever a sale or service of one or more hearing
15instrument involving $50 or more is made or contracted to be
16made, whether under a single contract or under multiple
17contracts, at the time of the transaction, the hearing
18instrument dispenser shall furnish the consumer with a fully
19completed receipt or contract pertaining to that transaction,
20in substantially the same language as that used in the oral
21presentation to the consumer. The receipt or contract provided
22to the consumer shall contain the dispenser's name, license
23number, business address, business phone number, and
24signature; the name, address, and signature of the hearing
25instrument consumer; and the name and signature of the
26purchaser if the consumer and the purchaser are not the same;

 

 

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1the hearing instrument manufacturer's name, and the model and
2serial numbers; the date of purchase; and the charges required
3to complete the terms of the sale fully and clearly stated.
4When the hearing instrument is delivered to the consumer or
5purchaser, the serial number shall be written on the original
6receipt or contract and a copy shall be given to the consumer
7or purchaser. If a used hearing instrument is sold, the
8receipt and the container thereof shall be clearly marked as
9"used" or "reconditioned", whichever is applicable, with terms
10of guarantee, if any.
11    All hearing instruments offered for sale must be
12accompanied by a 30-business day return privilege. The receipt
13or contract provided to the consumer shall state that the
14consumer has a right to return the hearing instrument for a
15refund within 30 business days of the date of delivery. If a
16nonrefundable dispensing fee or restocking fee, or both, will
17be withheld from the consumer in event of return, the terms
18must be clearly stated on the receipt or contract provided to
19the consumer.
20    A hearing instrument dispenser shall not sell a hearing
21instrument unless the prospective user has presented to the
22hearing instrument dispenser a written statement, signed by a
23licensed physician, which states that the patient's hearing
24loss has been medically evaluated and the patient is
25considered a candidate for a hearing instrument. The medical
26evaluation must have taken place within the 6 months

 

 

SB1721- 16 -LRB103 27016 AMQ 53383 b

1immediately preceding the date of the sale of the hearing
2instrument to the prospective hearing instrument user. If the
3prospective hearing instrument user is 18 years of age or
4older, the hearing instrument dispenser may afford the
5prospective user an opportunity to waive the medical
6evaluation required by this Section, provided that the hearing
7instrument dispenser:
8        (i) Informs the prospective user that the exercise of
9    a waiver is not in the user's best health interest;
10        (ii) Does not in any way actively encourage the
11    prospective user to waive the medical evaluation; and
12        (iii) Affords the prospective user the option to sign
13    the following statement:
14            "I have been advised by .................(hearing
15        instrument dispenser's name) that the Food and Drug
16        Administration has determined that my best interest
17        would be served if I had a medical evaluation by a
18        licensed physician (preferably a physician who
19        specializes in diseases of the ear) before purchasing
20        a hearing instrument. I do not wish a medical
21        evaluation before purchasing a hearing instrument."
22    The hearing instrument dispenser or the dispenser's his or
23her employer shall retain proof of the medical examination or
24the waiver for at least 3 years from the date of the sale.
25    If the parent or guardian of any individual under the age
26of 18 years is a member of any church or religious

 

 

SB1721- 17 -LRB103 27016 AMQ 53383 b

1denomination, whose tenets and practices include reliance upon
2spiritual means through prayer alone and objects to medical
3treatment and so states in writing to the hearing instrument
4dispenser, such individual shall undergo a hearing examination
5as provided by this Section but no proof, ruling out any
6medically treatable problem causing hearing loss, shall be
7required.
8    All persons licensed under this Act shall have
9conspicuously displayed in their business establishment a sign
10indicating that formal complaints regarding hearing aid
11instrument goods or services may be made to the Department.
12Such sign shall give the address and telephone number of the
13Department. All persons purchasing hearing aids instruments
14shall be provided with a written statement indicating that
15formal complaints regarding hearing aid instrument goods or
16services may be made to the Department and disclosing the
17address and telephone number of the Department.
18    Any person wishing to make a complaint, against a hearing
19instrument dispenser under this Act, shall file it with the
20Department within 3 years from the date of the action upon
21which the complaint is based. The Department shall investigate
22all such complaints.
23    All persons licensed under this Act shall maintain
24liability insurance as set forth by rule and shall be
25responsible for the annual calibration of all audiometers in
26use by such persons. Such annual calibrations shall be in

 

 

SB1721- 18 -LRB103 27016 AMQ 53383 b

1conformance with the current standards set by American
2National Standard Institute.
3(Source: P.A. 91-932, eff. 1-1-01.)
 
4    (225 ILCS 50/4.5 new)
5    Sec. 4.5. Hearing aids dispensed pursuant to prescription.
6    (a) A person age 17 or younger must be evaluated in person
7by either a licensed audiologist or a physician before
8receiving a prescription for a hearing aid. The evaluation
9must have been performed no more than 6 months prior to the
10date that the hearing aid is dispensed. A person age 17 or
11younger may not waive receipt of a prescription from a hearing
12instrument professional unless the person is replacing a lost
13or stolen hearing aid that is subject to warranty replacement.
14    (b) A hearing aid prescription for individuals age 17 or
15younger must include, at a minimum, the following information:
16        (1) name of the patient;
17        (2) date the prescription is issued;
18        (3) expiration date of the prescription, which may not
19    exceed 6 months from the date of issuance;
20        (4) name and license number of the prescribing hearing
21    instrument professional;
22        (5) results of the following assessments:
23            (i) age-appropriate pure-tone air conduction
24        audiometry or results of auditory evoked potential
25        testing, including, but not limited to, auditory

 

 

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1        brainstem response or otoacoustic emissions testing;
2            (ii) bone conduction testing, as age appropriate;
3        and
4            (iii) recorded or live voice speech in quiet, as
5        age appropriate;
6        (6) documentation of type and style of hearing aid;
7    and
8        (7) documentation of medical necessity of the
9    recommended features of a hearing aid.
10    (c) A person age 18 or older must be evaluated by a hearing
11instrument professional in person or via telehealth before
12receiving a prescription for a hearing aid. A person age 18 or
13older may not waive receipt of a prescription from a hearing
14instrument professional unless he or she is replacing a lost
15or stolen hearing aid that is subject to warranty replacement.
16    (d) A hearing aid prescription for individuals age 18 or
17older must include, at a minimum, the following information:
18        (1) name of the patient;
19        (2) date the prescription is issued;
20        (3) expiration date of the prescription, which may not
21    exceed one year from the date of issuance;
22        (4) name and license number of the prescribing hearing
23    instrument professional;
24        (5) results of the following assessments:
25            (i) hearing handicap inventory or similar
26        standardized, evidence-based tool;

 

 

SB1721- 20 -LRB103 27016 AMQ 53383 b

1            (ii) pure-tone air conduction audiometry;
2            (iii) bone conduction testing or consumer ear
3        disease risk assessment or a similar standardized
4        evidence-based tool;
5            (iv) recorded speech in quiet, as medically
6        appropriate;
7            (v) recorded speech or digits in noise, as
8        medically appropriate;
9        (6) documentation of type and style of hearing aid;
10    and
11        (7) documentation of medical necessity of the
12    recommended features of a hearing aid.
13    (e) Whenever a sale of one or more prescription hearing
14aids involving $50 or more is made or contracted to be made,
15whether under a single contract or under multiple contracts,
16at the time of the transaction, the hearing instrument
17professional shall furnish the consumer with a fully completed
18receipt or contract pertaining to that transaction, in
19substantially the same language as that used in the oral
20presentation to the consumer. The receipt or contract provided
21to the consumer shall contain the following: (i) the hearing
22instrument professional's name, license number, business
23address, business phone number, and signature; (ii) the name,
24address, and signature of the hearing aid consumer; (iii) the
25name and signature of the purchaser if the consumer and the
26purchaser are not the same person; (iv) the hearing aid

 

 

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1manufacturer's name and the model and serial numbers; (v) the
2date of purchase; and (vi) the charges required to complete
3the terms of the sale, which must be fully and clearly stated.
4When the hearing aid is delivered to the consumer or
5purchaser, the serial number shall be written on the original
6receipt or contract and a copy shall be given to the consumer
7or purchaser. If a used hearing aid is sold, the receipt and
8the container thereof shall be clearly marked as "used" or
9"reconditioned", whichever is applicable, with the terms of
10guarantee, if any.
11    (f) Before the final sale of any prescription hearing aid
12that uses proprietary programming software or locked,
13nonproprietary software, the hearing instrument professional
14must provide the purchaser with a written notice on the
15contract in 12-point type or larger that contains specified
16language informing the purchaser that the hearing aid can only
17be serviced or programmed at specific facilities or locations.
18The written notice must be separately signed by the purchaser
19before the final sale. The hearing instrument professional
20must maintain a copy of the notice for at least 5 years.
21    (g) If a hearing aid or medical device manufacturer has a
22controlling interest in an Illinois hearing aid dispensing
23clinic, this controlling interest must be disclosed to the
24purchaser by written notice in 12-point type or larger on the
25contract that the hearing aid or medical device manufacturer
26has a controlling interest in the dispensing clinic and lists

 

 

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1the name of any manufacturer. The written notice must be
2separately signed by the purchaser before the sale. The
3hearing instrument professional must maintain a copy of the
4notice for at least 5 years.
5    (h) All prescription hearing aids offered for sale must be
6accompanied by a 30-business day return privilege. The receipt
7or contract provided to the consumer shall state that the
8consumer has a right to return the hearing aid for a refund
9within 30 business days of the date of delivery. If a
10nonrefundable dispensing fee or restocking fee, or both, will
11be withheld from the consumer in the event of a return, these
12terms must be clearly stated on the receipt or contract
13provided to the consumer.
14    (i) A hearing instrument professional shall not sell a
15prescription hearing aid to anyone under 18 years of age
16unless the prospective user has presented to the hearing
17instrument professional a written statement, signed by a
18licensed physician, which states that the patient's hearing
19loss has been medically evaluated and the patient is
20considered a candidate for a hearing aid. The medical
21evaluation must have been performed within the 6 months
22immediately preceding the date of the sale of the hearing aid
23to the prospective hearing aid user.
24    (j) A hearing instrument professional shall not sell a
25prescription hearing aid to anyone age 18 or older if the
26prospective user had a negative finding on the Consumer Ear

 

 

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1Disease Risk Assessment or a similar standardized assessment.
2The prospective user shall present to the hearing instrument
3professional a written statement, signed by a licensed
4physician, which states that the patient's hearing loss has
5been medically evaluated and the patient is considered a
6candidate for a hearing aid. The medical evaluation must have
7been performed within the 12 months immediately preceding the
8date of the sale of the hearing aid to the prospective hearing
9aid user.
 
10    (225 ILCS 50/5)  (from Ch. 111, par. 7405)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 5. License required. No person shall engage in the
13selling, practice of testing, fitting, selecting,
14recommending, adapting, dispensing, or servicing hearing aids
15instruments or display a sign, advertise, or represent oneself
16as a person who practices the fitting or selling of hearing
17aids instruments unless such person holds a current license
18issued by the Department as provided in this Act. Such person
19shall be known as a licensed hearing instrument dispenser.
20Individuals licensed pursuant to the provisions of Section 8
21of this Act shall be deemed qualified to provide tests of human
22hearing and hearing aid instrument evaluations for the purpose
23of dispensing a hearing aid instrument for which any State
24agency may contract. The license shall be conspicuously
25displayed in the place of business. Duplicate licenses shall

 

 

SB1721- 24 -LRB103 27016 AMQ 53383 b

1be issued by the Department to licensees operating more than
2one office upon the additional payment set forth in this Act.
3No hearing aids instrument manufacturer may distribute, sell,
4or otherwise provide hearing aids instruments to any
5unlicensed hearing instrument care professional for the
6purpose of selling hearing aids instruments to the consumer.
7    Except for violations of the provisions of this Act, or
8the rules promulgated under it, nothing in this Act shall
9prohibit a corporation, partnership, trust, association, or
10other entity from engaging in the business of testing,
11fitting, servicing, selecting, dispensing, selling, or
12offering for sale hearing aid instruments at retail without a
13license, provided it employs only licensed individuals in the
14direct testing, fitting, servicing, selecting, offering for
15sale, or dispensing of such products. Each such corporation,
16partnership, trust, association, or other entity shall file
17with the Department, prior to doing business in this State and
18by July 1 of each calendar year thereafter, on forms
19prescribed by the Department, a list of all licensed hearing
20instrument dispensers employed by it and a statement attesting
21that it complies with this Act and the rules promulgated under
22it and the regulations of the Federal Food and Drug
23Administration and the Federal Trade Commission insofar as
24they are applicable.
25(Source: P.A. 99-204, eff. 7-30-15.)
 

 

 

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1    (225 ILCS 50/6)  (from Ch. 111, par. 7406)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 6. Mail order and Internet sales. Nothing in this Act
4shall prohibit a corporation, partnership, trust, association,
5or other organization, maintaining an established business
6address, from engaging in the business of selling or offering
7for sale hearing aids instruments at retail by mail or by
8Internet to persons 18 years of age or older who have not been
9examined by a licensed physician or tested by a licensed
10hearing instrument dispenser provided that:
11    (a) The organization is registered by the Department prior
12to engaging in business in this State and has paid the fee set
13forth in this Act.
14    (b) The organization files with the Department, prior to
15registration and annually thereafter, a Disclosure Statement
16containing the following:
17        (1) the name under which the organization is doing or
18    intends to do business and the name of any affiliated
19    company which the organization recommends or will
20    recommend to persons as a supplier of goods or services or
21    in connection with other business transactions of the
22    organization;
23        (2) the organization's principal business address and
24    the name and address of its agent in this State authorized
25    to receive service of process;
26        (3) the business form of the organization, whether

 

 

SB1721- 26 -LRB103 27016 AMQ 53383 b

1    corporate, partnership, or otherwise and the state or
2    other sovereign power under which the organization is
3    organized;
4        (4) the names of the directors or persons performing
5    similar functions and names and addresses of the chief
6    executive officer, and the financial, accounting, sales,
7    and other principal executive officers, if the
8    organization is a corporation, association, or other
9    similar entity; of all general partners, if the
10    organization is a partnership; and of the owner, if the
11    organization is a sole proprietorship, together with a
12    statement of the business background during the past 5
13    years for each such person;
14        (5) a statement as to whether the organization or any
15    person identified in the disclosure statement:
16            (i) has during the 5 year period immediately
17        preceding the date of the disclosure statement been
18        convicted of a felony, pleaded nolo contendere to a
19        felony charge, or been held liable in a civil action by
20        final judgment, if such felony or civil action
21        involved fraud, embezzlement, or misappropriation of
22        property, and a description thereof; or
23            (ii) is subject to any currently effective
24        injunctive or restrictive order as a result of a
25        proceeding or pending action brought by any government
26        agency or department, and a description thereof; or

 

 

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1            (iii) is a defendant in any pending criminal or
2        material civil action relating to fraud, embezzlement,
3        misappropriation of property or violations of the
4        antitrust or trade regulation laws of the United
5        States or any state, and a description thereof; or
6            (iv) has during the 5-year 5 year period
7        immediately preceding the date of the disclosure
8        statement had entered against such person or
9        organization a final judgment in any material civil
10        proceeding, and a description thereof; or
11            (v) has during the 5-year 5 year period
12        immediately preceding the date of the disclosure
13        statement been adjudicated a bankrupt or reorganized
14        due to insolvency or was a principal executive officer
15        or general partner of any company that has been
16        adjudicated a bankrupt or reorganized due to
17        insolvency during such 5-year 5 year period, and a
18        description thereof;
19        (6) the length of time the organization and any
20    predecessor of the organization has conducted a business
21    dealing with hearing aid instrument goods or services;
22        (7) a financial statement of the organization as of
23    the close of the most recent fiscal year of the
24    organization. If the financial statement is filed later
25    than 120 days following the close of the fiscal year of the
26    organization it must be accompanied by a statement of the

 

 

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1    organization of any material changes in the financial
2    condition of the organization;
3        (8) a general description of the business, including
4    without limitation a description of the goods, training
5    programs, supervision, advertising, promotion and other
6    services provided by the organization;
7        (9) a statement of any compensation or other benefit
8    given or promised to a public figure arising, in whole or
9    in part, from (i) the use of the public figure in the name
10    or symbol of the organization or (ii) the endorsement or
11    recommendation of the organization by the public figure in
12    advertisements;
13        (10) a statement setting forth such additional
14    information and such comments and explanations relative to
15    the information contained in the disclosure statement as
16    the organization may desire to present.
17    (b-5) If a device being sold does not meet the definition
18of an over-the-counter a hearing aid or a prescription hearing
19aid, instrument or hearing device as stated in this Act, the
20organization shall include a disclaimer in all written or
21electronic promotions. The disclaimer shall include the
22following language:
23        "This is not a hearing instrument or hearing aid as
24    defined in the Hearing Instrument Consumer Protection Act,
25    but a personal sound amplification product amplifier and
26    not intended to replace a properly fitted and calibrated

 

 

SB1721- 29 -LRB103 27016 AMQ 53383 b

1    hearing aid or treat hearing loss instrument.".
2    (c) The organization files with the Department prior to
3registration and annually thereafter a statement that it
4complies with the Act, the rules issued pursuant to it, and the
5regulations of the Federal Food and Drug Administration and
6the Federal Trade Commission insofar as they are applicable.
7    (d) The organization files with the Department at the time
8of registration an irrevocable consent to service of process
9authorizing the Department and any of its successors to be
10served any notice, process, or pleading in any action or
11proceeding against the organization arising out of or in
12connection with any violation of this Act. Such service shall
13have the effect of conferring personal jurisdiction over such
14organization in any court of competent jurisdiction.
15    (e) Before dispensing a hearing aid by mail or over the
16Internet instrument to a resident of this State, the
17organization informs the prospective users that they need to
18obtain a prescription issued by a hearing instrument
19professional that meets the requirements of Section 4.5 of
20this Act. the following for proper fitting of a hearing
21instrument:
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
25        (2) an earmold impression obtained from the
26    prospective user and taken by a licensed hearing

 

 

SB1721- 30 -LRB103 27016 AMQ 53383 b

1    instrument dispenser or licensed audiologist.
2    (f) (Blank). The prospective user receives a medical
3evaluation or the organization affords the prospective user an
4opportunity to waive the medical evaluation requirement of
5Section 4 of this Act and the testing requirement of
6subsection (z) of Section 18, provided that the organization:
7        (1) informs the prospective user that the exercise of
8    the waiver is not in the user's best health interest;
9        (2) does not in any way actively encourage the
10    prospective user to waive the medical evaluation or test;
11    and
12        (3) affords the prospective user the option to sign
13    the following statement:
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
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
25        or test before purchasing a hearing instrument."
26    (g) Where a sale, lease, or rental of prescription hearing

 

 

SB1721- 31 -LRB103 27016 AMQ 53383 b

1aids are instruments is sold or contracted to be sold to a
2consumer by mail order or via the Internet, the consumer may
3void the contract or sale by notifying the seller within 45
4business days following that day on which the hearing aids
5instruments were mailed by the seller to the consumer and by
6returning to the seller in its original condition any hearing
7aids instrument delivered to the consumer under the contract
8or sale. At the time the hearing aid instrument is mailed, the
9seller shall furnish the consumer with a fully completed
10receipt or copy of any contract pertaining to the sale that
11contains a "Notice of Cancellation" informing the consumer
12that he or she may cancel the sale at any time within 45
13business days and disclosing the date of the mailing and the
14name, address, and telephone number of the seller. In
15immediate proximity to the space reserved in the contract for
16the signature of the consumer, or on the front page of the
17receipt if a contract is not used, and in bold face type of a
18minimum size of 10 points, there shall be a statement in
19substantially the following form:
20        "You, the buyer, may cancel this transaction at any
21    time prior to midnight of the 45th business day after the
22    date of this transaction. See the attached notice of
23    cancellation form for an explanation of this right."
24    Attached to the receipt or contract shall be a completed
25form in duplicate, captioned "NOTICE OF CANCELLATION" which
26shall be easily detachable and which shall contain in at least

 

 

SB1721- 32 -LRB103 27016 AMQ 53383 b

110 point bold face type the following information and
2statements in the same language as that used in the contract:
3
"NOTICE OF CANCELLATION
4
enter date of transaction
5
.........................
6
(DATE)
          
7    YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
8OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
9    IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
10BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
11RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
12WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
13THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
14PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
15ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
16    IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN
17SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
18DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
19        TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
20    AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
21    WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
22    AT (address of seller's place of business) AND (seller's
23    telephone number) NO LATER THAN MIDNIGHT OF
24    ...........(date).
25        I HEREBY CANCEL THIS TRANSACTION.
26(Date)............

 

 

SB1721- 33 -LRB103 27016 AMQ 53383 b

1..................
2(Buyers Signature)"
3    The written "Notice of Cancellation" may be sent by the
4consumer to the seller to cancel the contract. The 45-day
5period does not commence until the consumer is furnished the
6Notice of Cancellation and the address and phone number at
7which such notice to the seller can be given.
8    If the conditions of this Section are met, the seller must
9return to the consumer the amount of any payment made or
10consideration given under the contract or for the merchandise
11less a nonrefundable restocking fee.
12    It is an unlawful practice for a seller to: (1) hold a
13consumer responsible for any liability or obligation under any
14mail order transaction if the consumer claims not to have
15received the merchandise unless the merchandise was sent by
16certified mail or other delivery method by which the seller is
17provided with proof of delivery; (2) fail, before furnishing
18copies of the "Notice of Cancellation" to the consumer, to
19complete both copies by entering the name of the seller, the
20address of the seller's place of business, the seller's
21telephone number, the date of the mailing, and the date, not
22earlier than the 45th business day following the date of the
23mailing, by which the consumer may give notice of
24cancellation; (3) include in any contract or receipt any
25confession of judgment or any waiver of any of the rights to
26which the consumer is entitled under this Section including

 

 

SB1721- 34 -LRB103 27016 AMQ 53383 b

1specifically his right to cancel the sale in accordance with
2the provisions of this Section; (4) misrepresent in any manner
3the consumer's right to cancel; (5) use any undue influence,
4coercion, or any other wilful act or representation to
5interfere with the consumer's exercise of his rights under
6this Section; (6) fail or refuse to honor any valid notice of
7cancellation and return of merchandise by a consumer and,
8within 10 business days after the receipt of such notice and
9merchandise pertaining to such transaction, to (i) refund
10payments made under the contract or sale, (ii) return any
11goods or property traded in, in substantially as good
12condition as when received by the person, (iii) cancel and
13return any negotiable instrument executed by the consumer in
14connection with the contract or sale and take any action
15necessary or appropriate to terminate promptly any security
16interest created in the transaction; (7) negotiate, transfer,
17sell, or assign any note or other evidence of indebtedness to a
18finance company or other third party prior to the 50th
19business day following the day of the mailing; or (8) fail to
20provide the consumer of a hearing aid instrument with written
21information stating the name, address, and telephone number of
22the Department and informing the consumer that complaints
23regarding hearing aid instrument goods or services may be made
24to the Department.
25    (h) The organization employs only licensed audiologists
26and licensed hearing instrument dispensers in the dispensing

 

 

SB1721- 35 -LRB103 27016 AMQ 53383 b

1of hearing aids instruments and files with the Department, by
2January 1 of each year, a list of all licensed audiologists and
3licensed hearing instrument dispensers employed by it.
4(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
5    (225 ILCS 50/7)  (from Ch. 111, par. 7407)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 7. Exemptions.
8    (a) The following are exempt from this Act:
9        (1) Licensed physicians. This exemption, however, does
10    not apply to a physician's employee or subcontractor who
11    is not a physician.
12        (2) Persons who only repair or manufacture hearing
13    instruments and their accessories for wholesale.
14    (b) Audiometers used by persons exempt from this Act to
15dispense hearing instruments must meet the annual calibration
16requirements and current standards set by the American
17National Standards Institute.
18    (c) Audiologists licensed under the Illinois
19Speech-Language Pathology and Audiology Practice Act are
20exempt from licensure under this Act, but are otherwise
21subject to the practices and provisions of this Act.
22    (d) Hearing aid dispensing technicians are exempt from
23licensure under this Act but are otherwise subject to the
24practices and provisions of this Act.
25(Source: P.A. 91-932, eff. 1-1-01.)
 

 

 

SB1721- 36 -LRB103 27016 AMQ 53383 b

1    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 8. Applicant qualifications; examination.
4    (a) In order to protect persons who are deaf or hard of
5hearing, the Department shall authorize or shall conduct an
6appropriate examination, which may be the International
7Hearing Society's licensure examination, for persons who
8dispense, test, select, recommend, fit, or service hearing
9aids instruments. The frequency of holding these examinations
10shall be determined by the Department by rule. Those who
11successfully pass such an examination shall be issued a
12license as a hearing instrument dispenser, which shall be
13effective for a 2-year period.
14    (b) Applicants shall be:
15        (1) at least 18 years of age;
16        (2) of good moral character;
17        (3) the holder of an associate's degree or the
18    equivalent;
19        (4) free of contagious or infectious disease; and
20        (5) a citizen or person lawfully present in the United
21    States.
22    Felony convictions of the applicant and findings against
23the applicant involving matters set forth in Sections 17 and
2418 shall be considered in determining moral character, but
25such a conviction or finding shall not make an applicant

 

 

SB1721- 37 -LRB103 27016 AMQ 53383 b

1ineligible to register for examination.
2    (c) Prior to engaging in the practice of fitting,
3dispensing, or servicing hearing aids instruments, an
4applicant shall demonstrate, by means of written and practical
5examinations, that such person is qualified to practice the
6testing, selecting, recommending, fitting, selling, or
7servicing of hearing aids instruments as defined in this Act.
8An applicant must obtain a license within 12 months after
9passing either the written or practical examination, whichever
10is passed first, or must take and pass those examinations
11again in order to be eligible to receive a license.
12    The Department shall, by rule, determine the conditions
13under which an individual is examined.
14    (d) Proof of having met the minimum requirements of
15continuing education as determined by the Board shall be
16required of all license renewals. Pursuant to rule, the
17continuing education requirements may, upon petition to the
18Board, be waived in whole or in part if the hearing instrument
19dispenser can demonstrate that he or she served in the Coast
20Guard or Armed Forces, had an extreme hardship, or obtained
21his or her license by examination or endorsement within the
22preceding renewal period.
23    (e) Persons applying for an initial license must
24demonstrate having earned, at a minimum, an associate degree
25or its equivalent from an accredited institution of higher
26education that is recognized by the U.S. Department of

 

 

SB1721- 38 -LRB103 27016 AMQ 53383 b

1Education or that meets the U.S. Department of Education
2equivalency as determined through a National Association of
3Credential Evaluation Services (NACES) member, and meet the
4other requirements of this Section. In addition, the applicant
5must demonstrate the successful completion of (1) 12 semester
6hours or 18 quarter hours of academic undergraduate course
7work in an accredited institution consisting of 3 semester
8hours of anatomy and physiology of the hearing mechanism, 3
9semester hours of hearing science, 3 semester hours of
10introduction to audiology, and 3 semester hours of aural
11rehabilitation, or the quarter hour equivalent or (2) an
12equivalent program as determined by the Department that is
13consistent with the scope of practice of a hearing instrument
14dispenser as defined in Section 3 of this Act. Persons
15licensed before January 1, 2003 who have a valid license on
16that date may have their license renewed without meeting the
17requirements of this subsection.
18(Source: P.A. 102-1030, eff. 5-27-22.)
 
19    (225 ILCS 50/9)  (from Ch. 111, par. 7409)
20    (Section scheduled to be repealed on January 1, 2026)
21    Sec. 9. Areas of examination. The examination required by
22Section 8 shall be set forth by rule and demonstrate the
23applicant's technical qualifications by:
24        (a) Tests of knowledge in the following areas as they
25    pertain to the testing, selecting, recommending, fitting,

 

 

SB1721- 39 -LRB103 27016 AMQ 53383 b

1    and selling of hearing aids instruments:
2            (1) characteristics of sound;
3            (2) the nature of the ear; and
4            (3) the function and maintenance of hearing aids
5        instruments.
6        (b) Practical tests of proficiency in techniques as
7    they pertain to the fitting of hearing aids instruments
8    shall be prescribed by the Department, set forth by rule,
9    and include candidate qualifications in the following
10    areas:
11            (1) pure tone audiometry including air conduction
12        testing and bone conduction testing;
13            (2) live voice or recorded voice speech
14        audiometry, including speech reception, threshold
15        testing and speech discrimination testing;
16            (3) masking;
17            (4) proper selection and adaptation of a hearing
18        instrument;
19            (5) taking earmold impressions;
20            (6) proper maintenance procedures; and
21            (7) a general knowledge of the medical and
22        physical contra-indications to the use and fitting of
23        a hearing aids instrument.
24        (c) Knowledge of the general medical and hearing
25    rehabilitation facilities in the area being served.
26        (d) Knowledge of the provisions of this Act and the

 

 

SB1721- 40 -LRB103 27016 AMQ 53383 b

1    rules promulgated hereunder.
2(Source: P.A. 96-683, eff. 1-1-10.)
 
3    (225 ILCS 50/9.5)
4    (Section scheduled to be repealed on January 1, 2026)
5    Sec. 9.5. Trainees.
6    (a) In order to receive a trainee license, a person must
7apply to the Department and provide acceptable evidence of his
8or her completion of the required courses pursuant to
9subsection (e) of Section 8 of this Act, or its equivalent as
10determined by the Department. A trainee license expires 12
11months from the date of issue and is non-renewable.
12    (b) A trainee shall perform the functions of a hearing
13instrument dispenser in accordance with the Department rules
14and only under the direct supervision of a hearing instrument
15dispenser or audiologist who is licensed in the State. For the
16purposes of this Section, "direct supervision" means that the
17licensed hearing instrument dispenser or audiologist shall
18give final approval to all work performed by the trainee and
19shall be physically present anytime the trainee has contact
20with the client. The licensed hearing instrument dispenser or
21audiologist is responsible for all of the work that is
22performed by the trainee.
23    (c) The Department may limit the number of trainees that
24may be under the direct supervision of the same licensed
25hearing instrument dispenser or licensed audiologist.

 

 

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1    (d) The Department may establish a trainee licensing fee
2by rule.
3    (e) A trainee may be supervised by more than one licensed
4hearing instrument professional. The trainee must complete a
5hearing instrument consumer protection program license
6verification form for each supervising licensed hearing
7instrument professional.
8(Source: P.A. 98-827, eff. 1-1-15.)
 
9    (225 ILCS 50/12 new)
10    Sec. 12. Hearing aid dispensing technicians.
11    (a) Hearing aid dispensing technicians may be employed by
12a hearing instrument professional to assist in the dispensing
13and servicing of hearing instruments without a license. A
14hearing aid dispensing technician must work under the direct
15supervision of a licensed hearing instrument professional.
16    (b) The duties of a hearing aid dispensing technician are
17limited to the following:
18        (1) packaging and mailing earmold orders, repaired
19    devices, and manufacturer or lab returns;
20        (2) maintaining an inventory of supplies;
21        (3) performing checks on hearing aids and other
22    amplification devices and equipment;
23        (4) troubleshooting and performing minor repairs to
24    hearing aids, earmolds, and other amplification devices;
25        (5) cleaning of hearing aids and other amplification

 

 

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1    devices;
2        (6) performing electroacoustic analysis of hearing
3    aids and other amplification devices;
4        (7) instructing patients in proper use and care of
5    hearing aids and other amplification devices;
6        (8) demonstration of alerting and assistive listening
7    devices;
8        (9) performing infection control duties within the
9    clinic or service; and
10        (10) contacting hearing instrument manufacturers and
11    suppliers regarding status of orders and repairs.
12    (c) The licensed hearing instrument professional is
13responsible for all services performed by the hearing aid
14dispensing technician under the professional's direct
15supervision.
 
16    (225 ILCS 50/14)  (from Ch. 111, par. 7414)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 14. Powers and duties of the Department. The powers
19and duties of the Department are:
20    (a) To issue licenses and to administer examinations to
21applicants, which must be offered at least on a quarterly
22basis;
23    (b) To license persons who are qualified to engage in the
24testing, recommending, fitting, selling, and dispensing of
25hearing instruments;

 

 

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1    (c) To provide the equipment and facilities necessary for
2the examination;
3    (d) To issue and to renew licenses;
4    (e) To suspend or revoke licenses or to take such other
5disciplinary action as provided in this Act;
6    (f) To consider all recommendations and requests of the
7Board and to inform it of all actions of the Department insofar
8as hearing instrument dispensers are concerned, including any
9instances where the actions of the Department are contrary to
10the recommendations of the Board;
11    (g) To promulgate rules necessary to implement this Act;
12    (h) (Blank); and
13    (i) To conduct such consumer education programs and
14awareness programs for persons with a hearing impairment as
15may be recommended by the Board.
16(Source: P.A. 91-932, eff. 1-1-01.)
 
17    (225 ILCS 50/16)  (from Ch. 111, par. 7416)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 16. Hearing Instrument Consumer Protection Board.
20There shall be established a Hearing Instrument Consumer
21Protection Board which shall assist, advise and make
22recommendations to the Department.
23    The Board shall consist of 7 6 members who shall be
24residents of Illinois. One shall be a licensed physician who
25specializes in otology or otolaryngology; one shall be a

 

 

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1member of a consumer-oriented organization concerned with the
2deaf or hard of hearing; one shall be from the general public,
3preferably a senior citizen; 2 shall be licensed hearing
4instrument dispensers who are National Board Certified Hearing
5Instrument Specialists; and 2 one shall be a licensed
6audiologist. If a vote of the Board results in a tie, the
7Director shall cast the deciding vote.
8    Members of the Board shall be appointed by the Director
9after consultation with appropriate professional organizations
10and consumer groups. As soon as practical after the effective
11date of this amendatory Act of the 103rd General Assembly, the
12Director shall appoint the members of the Board. The term of
13office of each shall be 4 years. Before a member's term
14expires, the Director shall appoint a successor to assume
15member's duties at the expiration of his or her predecessor's
16term. A vacancy shall be filled by appointment for the
17unexpired term. The members shall annually designate one
18member as chairman. No member of the Board who has served 2
19successive, full terms may be reappointed. The Director may
20remove members for good cause.
21    Members of the Board shall receive reimbursement for
22actual and necessary travel and for other expenses, not to
23exceed the limit established by the Department.
24(Source: P.A. 98-827, eff. 1-1-15.)
 
25    (225 ILCS 50/17)  (from Ch. 111, par. 7417)

 

 

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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 17. Duties of the Board. The Board shall advise the
3Department in all matters relating to this Act and shall
4assist as 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
15than 5 hours of continuing education credit per year, however,
16can be obtained through programs sponsored by hearing
17instrument manufacturers. Continuing education credit A
18minimum of 2 hours of continuing education credit per
19licensing period must include a minimum of (i) 2 hours be
20obtained in Illinois law and ethics, (ii) one hour in sexual
21harassment prevention training, and (iii) one hour in implicit
22bias awareness. Continuing education offered by a college,
23university, or bar association, the International Hearing
24Society, the American Academy of Audiology, the American
25Speech-Language-Hearing Association, the Illinois
26Speech-Language-Hearing Association, the Illinois Academy of

 

 

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1Audiology, or the Illinois Hearing Society regarding Illinois
2law and ethics shall be accepted toward satisfaction of the
3Illinois law and ethics continuing education requirement.
4    The Board shall hear charges brought by any person against
5hearing instrument dispensers and shall recommend disciplinary
6action to the Director.
7    Members of the Board are immune from liability in any
8action based upon a licensing proceeding or other act
9performed in good faith as a member of the Board.
10(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
 
11    (225 ILCS 50/18)  (from Ch. 111, par. 7418)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 18. Discipline by the Department. The Department may
14refuse to issue or renew a license or it may revoke, suspend,
15place on probation, censure, fine, or reprimand a licensee for
16any of the following:
17        (a) Material misstatement in furnishing information to
18    the Department or to any other State or federal agency.
19        (b) Violations of this Act, or the rules promulgated
20    hereunder.
21        (c) Conviction of any crime under the laws of the
22    United States or any state or territory thereof which is a
23    felony or misdemeanor, an essential element of dishonesty,
24    or of any crime which is directly related to the practice
25    of the profession.

 

 

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1        (d) Making any misrepresentation for the purpose of
2    obtaining a license or renewing a license, including
3    falsification of the continuing education requirement.
4        (e) Professional incompetence.
5        (f) Malpractice.
6        (g) Aiding or assisting another person in violating
7    any provision of this Act or the rules promulgated
8    hereunder.
9        (h) Failing, within 30 days, to provide in writing
10    information in response to a written request made by the
11    Department.
12        (i) Engaging in dishonorable, unethical, or
13    unprofessional conduct which is likely to deceive,
14    defraud, or harm the public.
15        (j) Knowingly employing, directly or indirectly, any
16    suspended or unlicensed person to perform any services
17    covered by this Act.
18        (k) Habitual intoxication or addiction to the use of
19    drugs.
20        (l) Discipline by another state, the District of
21    Columbia, territory, or a foreign nation, if at least one
22    of the grounds for the discipline is the same or
23    substantially equivalent to those set forth herein.
24        (m) Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate, or other form of compensation

 

 

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1    for any service not actually rendered. Nothing in this
2    paragraph (m) affects any bona fide independent contractor
3    or employment arrangements among health care
4    professionals, health facilities, health care providers,
5    or other entities, except as otherwise prohibited by law.
6    Any employment arrangements may include provisions for
7    compensation, health insurance, pension, or other
8    employment benefits for the provision of services within
9    the scope of the licensee's practice under this Act.
10    Nothing in this paragraph (m) shall be construed to
11    require an employment arrangement to receive professional
12    fees for services rendered.
13        (n) A finding by the Board that the licensee, after
14    having his or her license placed on probationary status,
15    has violated the terms of probation.
16        (o) Willfully making or filing false records or
17    reports.
18        (p) Willfully failing to report an instance of
19    suspected child abuse or neglect as required by the Abused
20    and Neglected Child Reporting Act.
21        (q) Physical illness, including, but not limited to,
22    deterioration through the aging process, or loss of motor
23    skill which results in the inability to practice the
24    profession with reasonable judgement, skill or safety.
25        (r) Solicitation of services or products by
26    advertising that is false or misleading. An advertisement

 

 

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1    is false or misleading if it:
2            (1) contains an intentional misrepresentation of
3        fact;
4            (2) contains a false statement as to the
5        licensee's professional achievements, education,
6        skills, or qualifications in the hearing instrument
7        dispensing profession;
8            (3) makes a partial disclosure of a relevant fact,
9        including:
10                (i) the advertisement of a discounted price of
11            an item without identifying in the advertisement
12            or at the location of the item either the specific
13            product being offered at the discounted price or
14            the usual price of the item; and
15                (ii) the advertisement of the price of a
16            specifically identified hearing instrument if more
17            than one hearing instrument appears in the same
18            advertisement without an accompanying price;
19            (4) contains a representation that a product
20        innovation is new when, in fact, the product was first
21        offered by the manufacturer to the general public in
22        this State not less than 12 months before the date of
23        the advertisement;
24            (5) contains any other representation, statement,
25        or claim that is inherently misleading or deceptive;
26        or

 

 

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1            (6) contains information that the licensee
2        manufactures hearing instruments at the licensee's
3        office location unless the following statement
4        includes a statement disclosing that the instruments
5        are manufactured by a specified manufacturer and
6        assembled by the licensee.
7        (s) Participating in subterfuge or misrepresentation
8    in the fitting or servicing of a hearing instrument.
9        (t) (Blank).
10        (u) Representing that the service of a licensed
11    physician or other health professional will be used or
12    made available in the fitting, adjustment, maintenance, or
13    repair of hearing instruments or hearing aids when that is
14    not true, or using the words "doctor", "audiologist",
15    "clinic", "Clinical Audiologist", "Certified Hearing Aid
16    Audiologist", "State Licensed", "State Certified",
17    "Hearing Instrument Care Professional", "Licensed Hearing
18    Instrument Dispenser", "Licensed Hearing Aid Dispenser",
19    "Board Certified Hearing Instrument Specialist", "Hearing
20    Instrument Specialist", "Licensed Audiologist", or any
21    other term, abbreviation, or symbol which would give the
22    impression that service is being provided by persons who
23    are licensed or awarded a degree or title, or that an
24    entity utilizes the services of an individual who is
25    licensed or has been awarded a degree or title, or that the
26    person's service who is holding the license has been

 

 

SB1721- 51 -LRB103 27016 AMQ 53383 b

1    recommended by a governmental agency or health provider,
2    when such is not the case.
3        (v) Advertising a manufacturer's product or using a
4    manufacturer's name or trademark implying a relationship
5    which does not exist.
6        (w) Directly or indirectly giving or offering anything
7    of value to any person who advises another in a
8    professional capacity, as an inducement to influence the
9    purchase of a product sold or offered for sale by a hearing
10    instrument dispenser or influencing persons to refrain
11    from dealing in the products of competitors.
12        (x) Conducting business while suffering from a
13    contagious disease.
14        (y) Engaging in the fitting or sale of hearing
15    instruments under a name with fraudulent intent.
16        (z) Dispensing a hearing instrument to a person who
17    has not been given tests utilizing appropriate established
18    procedures and instrumentation in the fitting of
19    prescription hearing aids instruments, except where there
20    is the replacement of a hearing instrument, of the same
21    make and model within one year of the dispensing of the
22    original hearing instrument.
23        (aa) Unavailability or unwillingness to adequately
24    provide for service or repair of hearing instruments or
25    hearing aids fitted and sold by the dispenser.
26        (bb) Violating the regulations of the Federal Food and

 

 

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1    Drug Administration or the Federal Trade Commission as
2    they affect hearing aids or instruments.
3        (cc) Violating any provision of the Consumer Fraud and
4    Deceptive Business Practices Act.
5        (dd) Violating the Health Care Worker Self-Referral
6    Act.
7        (ee) Failing to notify the purchaser that the hearing
8    aids dispensed are locked or can only be programmed using
9    proprietary software.
10        (ff) Failing to adequately supervise a hearing aid
11    technician or allowing a hearing aid technician to
12    practice beyond the hearing aid technician's training or
13    the duties set forth in Section 12.
14        (gg) Failing to notify the purchaser that a hearing
15    aid manufacturer or a medical device manufacturer has a
16    controlling interest in the hearing aid dispensing clinic
17    in this State.
18        (hh) Filing a false claim with a third-party payer.
19    The Department, with the approval of the Board, may impose
20a fine not to exceed $1,000 plus costs for the first violation
21and not to exceed $5,000 plus costs for each subsequent
22violation of this Act, and the rules promulgated hereunder, on
23any person or entity described in this Act. Such fine may be
24imposed as an alternative to any other disciplinary measure,
25except for probation. The imposition by the Department of a
26fine for any violation does not bar the violation from being

 

 

SB1721- 53 -LRB103 27016 AMQ 53383 b

1alleged in subsequent disciplinary proceedings. Such fines
2shall be deposited in the Fund.
3(Source: P.A. 100-201, eff. 8-18-17.)
 
4    (225 ILCS 50/19)  (from Ch. 111, par. 7419)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 19. Injunctions; civil penalties.
7    (a) The practice of fitting, dispensing, and servicing
8hearing instruments or hearing aids by any person not at that
9time in possession of a valid and current license under this
10Act is hereby declared to be a Class A misdemeanor. The
11Director of the Department, through the Attorney General or
12the State's Attorney of any county, may maintain an action in
13the name of the people of the State of Illinois and may apply
14for an injunction in the circuit court to enjoin such person
15from engaging in such practice. Any person may apply for an
16injunction in the circuit court to enjoin a person from
17engaging without a license in practices for which a license is
18required under this Act. Upon the filing of a verified
19petition in such court, the court, if satisfied by affidavit
20or otherwise, that such person has been engaged in such
21practice without a current license to do so, may enter a
22temporary restraining order without notice or bond, enjoining
23the defendant from such further practice. A copy of the
24verified complaint shall be served upon the defendant and the
25proceedings shall thereafter be conducted as other civil

 

 

SB1721- 54 -LRB103 27016 AMQ 53383 b

1cases. If it is established that the defendant has been, or is
2engaged in any unlawful practice, the court may enter an order
3or judgment perpetually enjoining the defendant from further
4such practice. In all proceedings hereunder, the court, in its
5discretion, may apportion the costs among the parties
6interested in the action, including cost of filing the
7complaint, service of process, witness fees and expenses,
8court reporter charges and reasonable attorneys fees. In case
9of violation of any injunctive order entered pursuant to this
10Section, the court, may try and punish the offender for
11contempt of court. Such injunctive proceedings shall be in
12addition to all penalties and other remedies in this Act. Any
13such costs that may accrue to the Department shall be placed in
14the Fund.
15    (b) A person who engages in the selling of hearing
16instruments or hearing aids or the practice of fitting,
17dispensing, or servicing hearing instruments or hearing aids
18or displays a sign, advertises, or represents himself or
19herself as a person who practices the fitting and selling of
20hearing instruments or hearing aids without being licensed or
21exempt under this Act shall, in addition to any other penalty
22provided by law, pay a civil penalty to the Department in an
23amount not to exceed $5,000 for each offense, as determined by
24the Department. The civil penalty shall be assessed by the
25Department after a hearing is held in accordance with the
26provisions set forth in this Act regarding the provision of a

 

 

SB1721- 55 -LRB103 27016 AMQ 53383 b

1hearing for the discipline of a licensee.
2    (c) The Department may investigate any actual, alleged, or
3suspected unlicensed activity.
4    (d) The civil penalty shall be paid within 60 days after
5the effective date of the order imposing the civil penalty.
6The order shall constitute a judgment and may be filed and
7execution had thereon in the same manner as any judgment from
8any court of record.
9(Source: P.A. 89-72, eff. 12-31-95.)
 
10    (225 ILCS 50/20)  (from Ch. 111, par. 7420)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 20. Inactive status. A hearing instrument dispenser
13who notifies the Department, on the prescribed forms, may
14place his or her license on inactive status and shall be exempt
15from payment of renewal fees until he or she notifies the
16Department in writing, of the intention to resume the practice
17of testing, fitting, dispensing, selecting, recommending, and
18servicing hearing aids instruments and pays the current
19renewal fee and demonstrates compliance with any continuing
20education that may be required. However, if such period of
21inactive status is more than 2 years, the hearing instrument
22dispenser shall also provide the Department with sworn
23evidence certifying to active practice in another jurisdiction
24that is satisfactory to the Department. If such person has not
25practiced in any jurisdiction for 2 years or more, he or she

 

 

SB1721- 56 -LRB103 27016 AMQ 53383 b

1shall be required to restore his or her license by retaking and
2passing the examinations required in Section 8. Any hearing
3instrument dispenser whose license is on inactive status shall
4not practice in Illinois.
5(Source: P.A. 89-72, eff. 12-31-95.)
 
6    Section 99. Effective date. This Act takes effect January
71, 2024.

 

 

SB1721- 57 -LRB103 27016 AMQ 53383 b

1 INDEX
2 Statutes amended in order of appearance
3    220 ILCS 5/13-703from Ch. 111 2/3, par. 13-703
4    225 ILCS 50/1from Ch. 111, par. 7401
5    225 ILCS 50/3from Ch. 111, par. 7403
6    225 ILCS 50/4from Ch. 111, par. 7404
7    225 ILCS 50/4.5 new
8    225 ILCS 50/5from Ch. 111, par. 7405
9    225 ILCS 50/6from Ch. 111, par. 7406
10    225 ILCS 50/7from Ch. 111, par. 7407
11    225 ILCS 50/8from Ch. 111, par. 7408
12    225 ILCS 50/9from Ch. 111, par. 7409
13    225 ILCS 50/9.5
14    225 ILCS 50/12 new
15    225 ILCS 50/14from Ch. 111, par. 7414
16    225 ILCS 50/16from Ch. 111, par. 7416
17    225 ILCS 50/17from Ch. 111, par. 7417
18    225 ILCS 50/18from Ch. 111, par. 7418
19    225 ILCS 50/19from Ch. 111, par. 7419
20    225 ILCS 50/20from Ch. 111, par. 7420