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: |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 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 | 9 | | a program
whereby each telecommunications carrier providing | 10 | | local exchange service
shall provide a telecommunications | 11 | | device capable of servicing the needs of
those persons with a | 12 | | hearing or speech disability together with a
single party | 13 | | line, at no charge additional to the basic exchange rate, to
| 14 | | any subscriber who is certified as having a hearing or speech | 15 | | disability by a hearing instrument care professional, as | 16 | | defined in the Hearing Instrument Consumer Protection Act, a | 17 | | speech-language pathologist, or a qualified
State agency and | 18 | | to any subscriber which is an organization serving the needs
| 19 | | of those persons with a hearing or speech disability as | 20 | | determined and
specified by the Commission pursuant to | 21 | | subsection (d).
| 22 | | (b) The Commission shall design and implement a program, | 23 | | whereby each
telecommunications carrier providing local |
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| 1 | | exchange service shall provide a
telecommunications relay | 2 | | system, using third party intervention to connect
those | 3 | | persons having a hearing or speech disability with persons of | 4 | | normal
hearing by way of intercommunications devices and the | 5 | | telephone system, making
available reasonable access to all | 6 | | phases of public telephone service to
persons who have a | 7 | | hearing or speech disability. In order to design a
| 8 | | telecommunications relay system which will meet the | 9 | | requirements of those
persons with a hearing or speech | 10 | | disability available at a reasonable cost, the
Commission | 11 | | shall initiate an investigation and conduct public hearings to
| 12 | | determine the most cost-effective method of providing | 13 | | telecommunications relay
service to those persons who have a | 14 | | hearing or speech disability when using
telecommunications | 15 | | devices and therein solicit the advice, counsel, and
physical | 16 | | assistance of Statewide nonprofit consumer organizations that | 17 | | serve
persons with hearing or speech disabilities in such | 18 | | hearings and during the
development and implementation of the | 19 | | system. The Commission shall phase
in this program, on a | 20 | | geographical basis, as soon as is practicable, but
no later | 21 | | than June 30, 1990.
| 22 | | (c) The Commission shall establish a competitively neutral | 23 | | rate recovery mechanism that establishes charges in an amount | 24 | | to be determined by the Commission
for each line of a | 25 | | subscriber to allow telecommunications carriers
providing | 26 | | local exchange service to recover costs as they are incurred
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| 1 | | under this Section. Beginning no later than April 1, 2016, and | 2 | | on a yearly basis thereafter, the Commission shall initiate a | 3 | | proceeding to establish the competitively neutral amount to be | 4 | | charged or assessed to subscribers of telecommunications | 5 | | carriers and wireless carriers, Interconnected VoIP service | 6 | | providers, and consumers of prepaid wireless | 7 | | telecommunications service in a manner consistent with this | 8 | | subsection (c) and subsection (f) of this Section. The | 9 | | Commission shall issue its order establishing the | 10 | | competitively neutral amount to be charged or assessed to | 11 | | subscribers of telecommunications carriers and wireless | 12 | | carriers, Interconnected VoIP service providers, and | 13 | | purchasers of prepaid wireless telecommunications service on | 14 | | or prior to June 1 of each year, and such amount shall take | 15 | | effect June 1 of each year.
| 16 | | Telecommunications carriers, wireless carriers, | 17 | | Interconnected VoIP service providers, and sellers of prepaid | 18 | | wireless telecommunications service shall have 60 days from | 19 | | the date the Commission files its order to implement the new | 20 | | rate established by the order. | 21 | | (d) The Commission shall determine and specify those | 22 | | organizations serving
the needs of those persons having a | 23 | | hearing or speech disability that shall
receive a | 24 | | telecommunications device and in which offices the equipment | 25 | | shall be
installed in the case of an organization having more | 26 | | than one office. For the
purposes of this Section, |
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| 1 | | "organizations serving the needs of those persons
with hearing | 2 | | or speech disabilities" means centers for independent living | 3 | | as
described in Section 12a of the Rehabilitation of Persons | 4 | | with Disabilities Act and
not-for-profit organizations whose | 5 | | primary purpose is serving the needs of
those persons with | 6 | | hearing or speech disabilities. The Commission shall direct
| 7 | | the telecommunications carriers subject to its jurisdiction | 8 | | and this
Section to comply with its determinations and | 9 | | specifications in this regard.
| 10 | | (e) As used in this Section: | 11 | | "Prepaid wireless telecommunications service" has the | 12 | | meaning given to that term under Section 10 of the Prepaid | 13 | | Wireless 9-1-1 Surcharge Act. | 14 | | "Retail transaction" has the meaning given to that term | 15 | | under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 16 | | "Seller" has the meaning given to that term under Section | 17 | | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 18 | | "Telecommunications carrier
providing local exchange | 19 | | service" includes, without otherwise limiting the
meaning of | 20 | | the term, telecommunications carriers which are purely mutual
| 21 | | concerns, having no rates or charges for services, but paying | 22 | | the operating
expenses by assessment upon the members of such | 23 | | a company and no other
person.
| 24 | | "Wireless carrier" has the meaning given to that term | 25 | | under Section 2 of the Emergency Telephone System Act. | 26 | | (f) Interconnected VoIP service providers, sellers of |
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| 1 | | prepaid wireless telecommunications service, and wireless | 2 | | carriers in Illinois shall collect and remit assessments | 3 | | determined in accordance with this Section in a competitively | 4 | | neutral manner in the same manner as a telecommunications | 5 | | carrier providing local exchange service. However, the | 6 | | assessment imposed on consumers of prepaid wireless | 7 | | telecommunications service shall be collected by the seller | 8 | | from the consumer and imposed per retail transaction as a | 9 | | percentage of that retail transaction on all retail | 10 | | transactions occurring in this State. The assessment on | 11 | | subscribers of wireless carriers and consumers of prepaid | 12 | | wireless telecommunications service shall not be imposed or | 13 | | collected prior to June 1, 2016. | 14 | | Sellers of prepaid wireless telecommunications service | 15 | | shall remit the assessments to the Department of Revenue on | 16 | | the same form and in the same manner which they remit the fee | 17 | | collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | 18 | | the purposes of display on the consumers' receipts, the rates | 19 | | of the fee collected under the Prepaid Wireless 9-1-1 | 20 | | Surcharge Act and the assessment under this Section may be | 21 | | combined. In administration and enforcement of this Section, | 22 | | the provisions of Sections 15 and 20 of the Prepaid Wireless | 23 | | 9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5), | 24 | | (e), and (e-5) of Section 15 and subsections (c) and (e) of | 25 | | Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and, | 26 | | from June 29, 2015 (the effective date of Public Act 99-6), the |
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| 1 | | seller shall be permitted to deduct and retain 3% of the | 2 | | assessments that are collected by the seller from consumers | 3 | | and that are remitted and timely filed with the Department) | 4 | | that are not inconsistent with this Section, shall apply, as | 5 | | far as practicable, to the subject matter of this Section to | 6 | | the same extent as if those provisions were included in this | 7 | | Section. Beginning on January 1, 2018, the seller is allowed | 8 | | to deduct and retain 3% of the assessments that are collected | 9 | | by the seller from consumers and that are remitted timely and | 10 | | timely filed with the Department, but only if the return is | 11 | | filed electronically as provided in Section 3 of the | 12 | | Retailers' Occupation Tax Act. Sellers who demonstrate that | 13 | | they do not have access to the Internet or demonstrate | 14 | | hardship in filing electronically may petition the Department | 15 | | to waive the electronic filing requirement. The Department | 16 | | shall deposit all assessments and penalties collected under | 17 | | this Section into the Illinois Telecommunications Access | 18 | | Corporation Fund, a special fund created in the State | 19 | | treasury. On or before the 25th day of each calendar month, the | 20 | | Department shall prepare and certify to the Comptroller the | 21 | | amount available to the Commission for distribution out of the | 22 | | Illinois Telecommunications Access Corporation Fund. The | 23 | | amount certified shall be the amount (not including credit | 24 | | memoranda) collected during the second preceding calendar | 25 | | month by the Department, plus an amount the Department | 26 | | determines is necessary to offset any amounts which were |
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| 1 | | erroneously paid to a different taxing body or fund. The | 2 | | amount paid to the Illinois Telecommunications Access | 3 | | Corporation Fund shall not include any amount equal to the | 4 | | amount of refunds made during the second preceding calendar | 5 | | month by the Department to retailers under this Section or any | 6 | | amount that the Department determines is necessary to offset | 7 | | any amounts which were payable to a different taxing body or | 8 | | fund but were erroneously paid to the Illinois | 9 | | Telecommunications Access Corporation Fund. The Commission | 10 | | shall distribute all the funds to the Illinois | 11 | | Telecommunications Access Corporation and the funds may only | 12 | | be used in accordance with the provisions of this Section. The | 13 | | Department shall deduct 2% of all amounts deposited in the | 14 | | Illinois Telecommunications Access Corporation Fund during | 15 | | every year of remitted assessments. Of the 2% deducted by the | 16 | | Department, one-half shall be transferred into the Tax | 17 | | Compliance and Administration Fund to reimburse the Department | 18 | | for its direct costs of administering the collection and | 19 | | remittance of the assessment. The remaining one-half shall be | 20 | | transferred into the Public Utility Fund to reimburse the | 21 | | Commission for its costs of distributing to the Illinois | 22 | | Telecommunications Access Corporation the amount certified by | 23 | | the Department for distribution. The amount to be charged or | 24 | | assessed under subsections (c) and (f) is not imposed on a | 25 | | provider or the consumer for wireless Lifeline service where | 26 | | the consumer does not pay the provider for the service. Where |
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| 1 | | the consumer purchases from the provider optional minutes, | 2 | | texts, or other services in addition to the federally funded | 3 | | Lifeline benefit, a consumer must pay the charge or | 4 | | assessment, and it must be collected by the seller according | 5 | | to this subsection (f). | 6 | | Interconnected VoIP services shall not be considered an | 7 | | intrastate telecommunications service for the purposes of this | 8 | | Section in a manner inconsistent with federal law or Federal | 9 | | Communications Commission regulation. | 10 | | (g) The provisions of this Section are severable under | 11 | | Section 1.31 of the Statute on Statutes. | 12 | | (h) The Commission may adopt rules necessary to implement | 13 | | this Section. | 14 | | (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; | 15 | | 99-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. | 16 | | 1-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303, | 17 | | eff. 8-24-17; 100-863, eff. 8-14-18 .)
| 18 | | Section 10. The Hearing Instrument Consumer Protection Act | 19 | | is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5, | 20 | | 11, 14, 16, 17, 18, 19, and 20 and by adding Section 4.5 and 12 | 21 | | as 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 |
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| 1 | | deaf or hard of hearing
public from the practice of dispensing | 2 | | hearing aids instruments that
could
endanger the health, | 3 | | safety and welfare of the People of this State. The
Federal | 4 | | Food and Drug Administration
and Federal Trade Commission has | 5 | | recommended that State legislation is necessary in order to | 6 | | establish
standards of competency and to impose stringent | 7 | | penalties for those who
violate the public trust in this field | 8 | | of 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 | 13 | | context
requires otherwise:
| 14 | | "Controlling interest" means an ownership interest of | 15 | | greater than 50% in a licensed hearing aid dispensing practice | 16 | | in this State that is held by a manufacturer of hearing aids or | 17 | | medical devices. | 18 | | "Department" means the Department of Public Health.
| 19 | | "Director" means the Director of the Department of Public | 20 | | Health.
| 21 | | "Direct supervision" means that the licensed hearing | 22 | | instrument professional must give final approval to all work | 23 | | performed by the person under supervision and must be | 24 | | physically present any time the person under supervision has | 25 | | contact with a client. |
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| 1 | | "Federal Trade Commission" means the United States federal | 2 | | agency which regulates business practices and commerce. | 3 | | "Food and Drug Administration" means the United States | 4 | | federal agency which regulates hearing instruments or hearing | 5 | | aids as medical devices. | 6 | | "License" means a license
issued by the State under this
| 7 | | Act to a hearing instrument dispenser.
| 8 | | "Licensed audiologist" means a person
licensed
as an | 9 | | audiologist under the Illinois Speech-Language Pathology and | 10 | | Audiology
Practice Act and who can prescribe hearing aids in | 11 | | accordance with this Act .
| 12 | | "National Board Certified Hearing Instrument
Specialist" | 13 | | means a person
who has had at least 2 years in practice as a | 14 | | licensed hearing
instrument dispenser and has
been certified | 15 | | after qualification by examination by the National Board for
| 16 | | Certification in Hearing Instruments Sciences.
| 17 | | "Licensed physician" or "physician" means a physician | 18 | | licensed
in Illinois to
practice medicine in all of its | 19 | | branches pursuant to the Medical Practice Act of 1987.
| 20 | | "Trainee" means a person who is licensed to perform the | 21 | | functions of a hearing instrument dispenser in accordance with | 22 | | the Department rules and only under the direct supervision of | 23 | | a hearing instrument dispenser or audiologist who is licensed | 24 | | in the State. | 25 | | "Board" means the Hearing Instrument Consumer Protection
| 26 | | Board.
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| 1 | | "Hearing instrument" or "hearing aid" means any instrument | 2 | | or device, including an instrument or device dispensed | 3 | | pursuant to a prescription, that is designed, intended, or | 4 | | offered for the purpose of improving a person's hearing and | 5 | | any parts, attachments, or accessories, including earmolds. | 6 | | "Hearing instrument" or "hearing aid" does not include | 7 | | batteries, cords, and individual or group auditory training | 8 | | devices and any instrument or device used by a public utility | 9 | | in providing telephone or other communication services | 10 | | wearable instrument or device designed for or offered for the | 11 | | purpose of aiding or compensating for impaired human hearing | 12 | | and that can provide more than 15 dB full on gain via a 2cc | 13 | | coupler at any single frequency from 200 through 6000 cycles | 14 | | per second, and any parts, attachments, or accessories, | 15 | | including ear molds. "Hearing instrument" or "hearing aid" do | 16 | | not include batteries, cords, or group auditory training | 17 | | devices and any
instrument or device used by a public utility | 18 | | in providing telephone or
other communication services are | 19 | | excluded .
| 20 | | "Practice of prescribing, fitting, dispensing, or | 21 | | servicing of hearing aids
instruments " means
the measurement | 22 | | of human hearing with an
audiometer, calibrated to
the current | 23 | | American National Standard Institute standards, for the
| 24 | | purpose of prescribing hearing aids and making selections, | 25 | | recommendations, adaptions, services, or sales of
hearing aids | 26 | | instruments including the making of earmolds as a part of the |
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| 1 | | hearing
aid instrument .
| 2 | | "Sell" or "sale" means any transfer of title or of the | 3 | | right to use
by lease, bailment, or any other contract, | 4 | | excluding wholesale transactions
with distributors or dealers.
| 5 | | "Hearing instrument dispenser" means a person who
is a | 6 | | hearing instrument care professional that engages
in the | 7 | | selling,
practice of fitting, selecting, recommending, | 8 | | dispensing, prescribing, or servicing
of hearing aids | 9 | | instruments or the testing for means of hearing
aid instrument | 10 | | selection or who
advertises or displays a sign or represents | 11 | | himself or herself as a person
who
practices the testing, | 12 | | fitting, selecting, servicing, dispensing,
prescribing, or | 13 | | selling of hearing aids instruments .
| 14 | | "Fund" means the Hearing Instrument Dispenser Examining
| 15 | | and Disciplinary Fund.
| 16 | | "Hearing instrument care professional" means a person who | 17 | | is a licensed
audiologist, a licensed hearing instrument | 18 | | dispenser, or a licensed
physician.
| 19 | | "Over-the-counter hearing aid" means a hearing instrument | 20 | | or hearing aid that meets the Food and Drug Administration's | 21 | | requirements for this class of device and which may be | 22 | | dispensed or sold without a hearing assessment, licensed | 23 | | hearing instrument professional fitting and dispensing | 24 | | engagement, or return for credit privileges as provided by | 25 | | federal law. | 26 | | "Prescription hearing aid" means a hearing instrument or |
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| 1 | | hearing aid that meets the Food and Drug Administration's | 2 | | requirements for this class of device and which requires: (i) | 3 | | a hearing assessment and prescription for medically necessary | 4 | | hearing aids prior to purchase, (ii) fitting and dispensing by | 5 | | a licensed hearing instrument professional, and (ii) return | 6 | | for credit privileges. | 7 | | "Personal sound amplification product" means an | 8 | | amplification device, as defined by the Food and Drug | 9 | | Administration or the Federal Trade Commission, that is not | 10 | | labeled as a hearing aid and is not intended to treat hearing | 11 | | loss. | 12 | | "Proprietary programming software" means software used to | 13 | | program hearing aids that is supplied by a hearing aid | 14 | | distributor or manufacturer for the exclusive use by | 15 | | affiliated hearing instrument professionals and is | 16 | | inaccessible to the purchaser and nonaffiliated licensed | 17 | | hearing instrument professionals. | 18 | | "Locked, nonproprietary software" means software that any | 19 | | hearing instrument professional can render inaccessible to | 20 | | other hearing aid programmers, hearing instrument | 21 | | professionals, 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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| 1 | | hearing
instrument dispenser shall give at no charge to every | 2 | | person fitted
and sold a hearing aid instrument the "User | 3 | | Instructional Brochure",
supplied by the hearing aid | 4 | | instrument manufacturer containing
information required by
the | 5 | | U.S. Food and Drug Administration.
| 6 | | All hearing instruments or hearing aids must be dispensed | 7 | | or sold in accordance with Food and Drug Administration and | 8 | | Federal Trade Commission regulations governing the dispensing | 9 | | and sale of personal sound amplification products or hearing | 10 | | aids. | 11 | | A consumer who purchases an over-the-counter hearing aid | 12 | | must be provided a sales receipt at the time of the | 13 | | transaction. | 14 | | Whenever a sale or service of one or more hearing | 15 | | instrument
involving $50
or more is made or contracted to be | 16 | | made, whether under a single contract
or under multiple | 17 | | contracts, at the time of the transaction, the hearing
| 18 | | instrument dispenser shall furnish the consumer with a fully
| 19 | | completed receipt or contract pertaining to that transaction, | 20 | | in
substantially the same language as that used in the oral | 21 | | presentation to
the consumer. The receipt or contract
provided | 22 | | to the consumer
shall contain the dispenser's name,
license | 23 | | number, business address, business phone number, and
| 24 | | signature; the name, address, and signature of the hearing | 25 | | instrument consumer;
and the name and signature of the | 26 | | purchaser if the
consumer and the purchaser are not the same; |
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| 1 | | the hearing instrument
manufacturer's name, and the model and | 2 | | serial numbers; the date of purchase;
and the
charges required | 3 | | to complete the terms of the sale fully and clearly
stated. | 4 | | When the hearing instrument is delivered to the consumer
or | 5 | | purchaser, the serial number shall be
written on the original | 6 | | receipt or contract and a copy shall be given to the
consumer | 7 | | or purchaser. If a used hearing instrument is sold, the
| 8 | | receipt and the container thereof shall be clearly marked as | 9 | | "used" or
"reconditioned", whichever is applicable, with terms | 10 | | of guarantee, if any.
| 11 | | All hearing instruments offered for sale must be | 12 | | accompanied
by a 30-business day return privilege. The receipt | 13 | | or contract
provided to the consumer
shall state
that the
| 14 | | consumer has a right to return the hearing instrument for a | 15 | | refund within 30
business
days of the date of delivery. If a | 16 | | nonrefundable dispensing fee or restocking
fee, or both, will | 17 | | be withheld from the consumer in event of return, the terms
| 18 | | must be clearly stated on the receipt or contract provided to | 19 | | the consumer.
| 20 | | A hearing instrument dispenser shall not sell a
hearing | 21 | | instrument unless the prospective
user has presented to the | 22 | | hearing instrument dispenser
a written statement, signed by a | 23 | | licensed physician, which states
that the patient's hearing | 24 | | loss has been medically evaluated and the
patient is | 25 | | considered a candidate for a hearing instrument. The medical
| 26 | | evaluation must have taken place within the 6 months
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| 1 | | immediately preceding the
date of the sale of the hearing | 2 | | instrument to the prospective hearing
instrument user.
If the | 3 | | prospective hearing instrument
user is 18 years of age or | 4 | | older, the hearing instrument dispenser
may afford the | 5 | | prospective user an opportunity to waive the medical
| 6 | | evaluation required by this Section, provided that the
hearing | 7 | | instrument 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 | 23 | | her employer shall
retain proof of the medical examination or | 24 | | the waiver for
at least
3
years from the date of the sale.
| 25 | | If the parent or guardian of any individual under the age | 26 | | of 18 years is
a member of any church or religious |
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| 1 | | denomination, whose tenets and practices
include reliance upon | 2 | | spiritual means through prayer alone and objects to
medical | 3 | | treatment and so states in writing to the hearing instrument | 4 | | dispenser,
such individual shall undergo a hearing examination | 5 | | as provided by this
Section but no proof, ruling out any | 6 | | medically treatable problem causing
hearing loss, shall be | 7 | | required.
| 8 | | All persons licensed under this Act shall have | 9 | | conspicuously displayed
in their business establishment a sign | 10 | | indicating that formal complaints
regarding hearing aid | 11 | | instrument goods or services may be made to the
Department.
| 12 | | Such sign shall give the address and telephone number of the | 13 | | Department.
All persons purchasing
hearing aids instruments | 14 | | shall be provided with a written statement
indicating that
| 15 | | formal complaints regarding hearing aid instrument goods or | 16 | | services
may be made to
the Department and disclosing the | 17 | | address and telephone
number of the
Department.
| 18 | | Any person wishing to make a complaint, against a hearing | 19 | | instrument
dispenser
under this Act, shall file it with the | 20 | | Department within 3 years from the
date of the action upon | 21 | | which the complaint is based. The Department shall
investigate | 22 | | all such complaints.
| 23 | | All persons licensed under this Act shall maintain | 24 | | liability insurance
as set forth by rule and shall be | 25 | | responsible for the annual calibration
of all audiometers in | 26 | | use by such persons. Such annual calibrations shall be
in |
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| 1 | | conformance with the current standards set by American | 2 | | National 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 | 7 | | by either a licensed audiologist or a physician before | 8 | | receiving a prescription for a hearing aid. The evaluation | 9 | | must have been performed no more than 6 months prior to the | 10 | | date that the hearing aid is dispensed. A person age 17 or | 11 | | younger may not waive receipt of a prescription from a hearing | 12 | | instrument professional unless the person is replacing a lost | 13 | | or stolen hearing aid that is subject to warranty replacement. | 14 | | (b) A hearing aid prescription for individuals age 17 or | 15 | | younger 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 | 11 | | instrument professional in person or via telehealth before | 12 | | receiving a prescription for a hearing aid. A person age 18 or | 13 | | older may not waive receipt of a prescription from a hearing | 14 | | instrument professional unless he or she is replacing a lost | 15 | | or stolen hearing aid that is subject to warranty replacement. | 16 | | (d) A hearing aid prescription for individuals age 18 or | 17 | | older 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; |
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| 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 | 14 | | aids involving $50 or more is made or contracted to be made, | 15 | | whether under a single contract or under multiple contracts, | 16 | | at the time of the transaction, the hearing instrument | 17 | | professional shall furnish the consumer with a fully completed | 18 | | receipt or contract pertaining to that transaction, in | 19 | | substantially the same language as that used in the oral | 20 | | presentation to the consumer. The receipt or contract provided | 21 | | to the consumer shall contain the following: (i) the hearing | 22 | | instrument professional's name, license number, business | 23 | | address, business phone number, and signature; (ii) the name, | 24 | | address, and signature of the hearing aid consumer; (iii) the | 25 | | name and signature of the purchaser if the consumer and the | 26 | | purchaser are not the same person; (iv) the hearing aid |
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| 1 | | manufacturer's name and the model and serial numbers; (v) the | 2 | | date of purchase; and (vi) the charges required to complete | 3 | | the terms of the sale, which must be fully and clearly stated. | 4 | | When the hearing aid is delivered to the consumer or | 5 | | purchaser, the serial number shall be written on the original | 6 | | receipt or contract and a copy shall be given to the consumer | 7 | | or purchaser. If a used hearing aid is sold, the receipt and | 8 | | the container thereof shall be clearly marked as "used" or | 9 | | "reconditioned", whichever is applicable, with the terms of | 10 | | guarantee, if any. | 11 | | (f) Before the final sale of any prescription hearing aid | 12 | | that uses proprietary programming software or locked, | 13 | | nonproprietary software, the hearing instrument professional | 14 | | must provide the purchaser with a written notice on the | 15 | | contract in 12-point type or larger that contains specified | 16 | | language informing the purchaser that the hearing aid can only | 17 | | be serviced or programmed at specific facilities or locations. | 18 | | The written notice must be separately signed by the purchaser | 19 | | before the final sale. The hearing instrument professional | 20 | | must maintain a copy of the notice for at least 5 years. | 21 | | (g) If a hearing aid or medical device manufacturer has a | 22 | | controlling interest in an Illinois hearing aid dispensing | 23 | | clinic, this controlling interest must be disclosed to the | 24 | | purchaser by written notice in 12-point type or larger on the | 25 | | contract that the hearing aid or medical device manufacturer | 26 | | has a controlling interest in the dispensing clinic and lists |
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| 1 | | the name of any manufacturer. The written notice must be | 2 | | separately signed by the purchaser before the sale. The | 3 | | hearing instrument professional must maintain a copy of the | 4 | | notice for at least 5 years. | 5 | | (h) All prescription hearing aids offered for sale must be | 6 | | accompanied by a 30-business day return privilege. The receipt | 7 | | or contract provided to the consumer shall state that the | 8 | | consumer has a right to return the hearing aid for a refund | 9 | | within 30 business days of the date of delivery. If a | 10 | | nonrefundable dispensing fee or restocking fee, or both, will | 11 | | be withheld from the consumer in the event of a return, these | 12 | | terms must be clearly stated on the receipt or contract | 13 | | provided to the consumer. | 14 | | (i) A hearing instrument professional shall not sell a | 15 | | prescription hearing aid to anyone under 18 years of age | 16 | | unless the prospective user has presented to the hearing | 17 | | instrument professional a written statement, signed by a | 18 | | licensed physician, which states that the patient's hearing | 19 | | loss has been medically evaluated and the patient is | 20 | | considered a candidate for a hearing aid. The medical | 21 | | evaluation must have been performed within the 6 months | 22 | | immediately preceding the date of the sale of the hearing aid | 23 | | to the prospective hearing aid user. | 24 | | (j) A hearing instrument professional shall not sell a | 25 | | prescription hearing aid to anyone age 18 or older if the | 26 | | prospective user had a negative finding on the Consumer Ear |
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| 1 | | Disease Risk Assessment or a similar standardized assessment. | 2 | | The prospective user shall present to the hearing instrument | 3 | | professional a written statement, signed by a licensed | 4 | | physician, which states that the patient's hearing loss has | 5 | | been medically evaluated and the patient is considered a | 6 | | candidate for a hearing aid. The medical evaluation must have | 7 | | been performed within the 12 months immediately preceding the | 8 | | date of the sale of the hearing aid to the prospective hearing | 9 | | aid 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
| 13 | | selling, practice of testing, fitting, selecting, | 14 | | recommending, adapting,
dispensing, or servicing hearing aids | 15 | | instruments or display a sign, advertise, or
represent oneself | 16 | | as a person who practices the fitting or selling of hearing
| 17 | | aids instruments unless such person holds a current license | 18 | | issued by the Department
as provided in this Act. Such person | 19 | | shall be known as a licensed hearing
instrument dispenser. | 20 | | Individuals licensed pursuant to the provisions of
Section 8 | 21 | | of this Act shall be deemed qualified to provide tests of human
| 22 | | hearing and hearing aid instrument evaluations for the purpose | 23 | | of dispensing a
hearing aid instrument for which any State | 24 | | agency may contract. The license shall
be conspicuously | 25 | | displayed in the place of business. Duplicate licenses shall
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| 1 | | be issued by the Department to licensees operating more than | 2 | | one office upon
the additional payment set forth in this Act. | 3 | | No hearing aids instrument manufacturer may distribute, sell, | 4 | | or otherwise provide hearing aids instruments to any | 5 | | unlicensed hearing instrument care professional for the | 6 | | purpose of selling hearing aids instruments to the consumer.
| 7 | | Except for violations of the provisions of this Act, or | 8 | | the rules
promulgated under it, nothing in this Act shall | 9 | | prohibit a corporation,
partnership, trust, association, or | 10 | | other entity from engaging in the
business of testing, | 11 | | fitting, servicing, selecting, dispensing, selling, or
| 12 | | offering for sale hearing aid instruments at retail without a | 13 | | license, provided it
employs only licensed individuals in the | 14 | | direct testing, fitting, servicing,
selecting, offering for | 15 | | sale, or dispensing of such products. Each such
corporation, | 16 | | partnership, trust, association, or other entity shall file | 17 | | with
the Department, prior to doing business in this State and | 18 | | by July 1 of each
calendar year thereafter, on forms | 19 | | prescribed by the Department, a list of all
licensed hearing | 20 | | instrument dispensers employed by it and a statement attesting
| 21 | | that it complies with this Act and the rules promulgated under | 22 | | it and the
regulations of the Federal Food and Drug | 23 | | Administration and the Federal Trade
Commission insofar as | 24 | | they 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 | 4 | | shall prohibit
a corporation, partnership,
trust, association, | 5 | | or other organization, maintaining an established
business
| 6 | | address, from engaging in the business of selling or offering | 7 | | for sale hearing
aids instruments at retail by mail or by | 8 | | Internet to persons 18 years of age or older
who have not
been | 9 | | examined
by a licensed physician or tested by a licensed | 10 | | hearing instrument
dispenser provided that:
| 11 | | (a) The organization is registered by the Department prior
| 12 | | to engaging
in business in this State and has paid the fee set | 13 | | forth in
this
Act.
| 14 | | (b) The organization files with the Department, prior to
| 15 | | registration
and annually thereafter, a Disclosure Statement | 16 | | containing 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 |
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| 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 | 18 | | of an over-the-counter a hearing aid or a prescription hearing | 19 | | aid, instrument or hearing device as stated in this Act, the | 20 | | organization shall include a disclaimer in all written or | 21 | | electronic promotions. The disclaimer shall include the | 22 | | following 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 |
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| 1 | | hearing aid or treat hearing loss instrument .".
| 2 | | (c) The organization files with the Department prior to
| 3 | | registration
and annually thereafter a statement that it | 4 | | complies with
the Act, the rules
issued pursuant to it, and the | 5 | | regulations of the Federal Food and Drug
Administration and | 6 | | the Federal Trade Commission insofar as they are applicable.
| 7 | | (d) The organization files with the Department at the time
| 8 | | of
registration an irrevocable consent to service of process | 9 | | authorizing the
Department and any of its successors to be | 10 | | served any notice, process, or
pleading in any action or | 11 | | proceeding against the organization
arising out
of or in | 12 | | connection with any violation of this Act. Such service shall
| 13 | | have the effect of conferring personal jurisdiction over such | 14 | | organization
in any court of competent jurisdiction.
| 15 | | (e) Before dispensing a hearing aid by mail or over the | 16 | | Internet instrument to a resident
of this State, the | 17 | | organization informs the prospective users that they
need to | 18 | | obtain a prescription issued by a hearing instrument | 19 | | professional that meets the requirements of Section 4.5 of | 20 | | this Act. the following for proper fitting of a hearing | 21 | | instrument:
| 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 |
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| 1 | | instrument dispenser or licensed audiologist.
| 2 | | (f) (Blank). The prospective user receives a medical | 3 | | evaluation or
the organization affords the prospective user an | 4 | | opportunity
to waive the medical
evaluation requirement of | 5 | | Section 4 of this Act and the testing requirement of
| 6 | | subsection (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 |
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| 1 | | aids are instruments is sold or contracted
to be sold to a | 2 | | consumer by mail order or via the Internet , the consumer may
| 3 | | void the contract or sale by notifying the seller within
45 | 4 | | business days following that day on which the hearing
aids | 5 | | instruments were mailed by the seller to the consumer and by
| 6 | | returning to the seller in its original condition any hearing
| 7 | | aids instrument
delivered to the consumer under the contract | 8 | | or sale.
At the time the hearing aid instrument is
mailed, the | 9 | | seller shall furnish the consumer
with a fully completed | 10 | | receipt or copy of any contract pertaining to the
sale that | 11 | | contains a "Notice of Cancellation" informing the
consumer | 12 | | that he or she
may cancel the sale at any time within 45 | 13 | | business days and
disclosing the
date of the mailing and the | 14 | | name,
address, and telephone number
of the seller. In | 15 | | immediate proximity to the space reserved in the
contract
for | 16 | | the signature of the consumer, or on the front page of the | 17 | | receipt if
a contract is not used, and in bold face type of a | 18 | | minimum size of 10
points, there shall be
a statement in | 19 | | substantially 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 | 25 | | form in
duplicate,
captioned "NOTICE OF CANCELLATION" which | 26 | | shall be easily detachable and
which shall contain in at least |
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| 1 | | 10 point bold face type the following
information
and | 2 | | statements 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 | 8 | | OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
| 9 | | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | 10 | | BY YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | 11 | | RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU | 12 | | WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | 13 | | THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
| 14 | | PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST | 15 | | ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
| 16 | | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN | 17 | | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | 18 | | DELIVERED
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)............
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| 1 | | ..................
| 2 | | (Buyers Signature)"
| 3 | | The written "Notice of Cancellation" may be sent by the | 4 | | consumer
to the
seller to cancel the contract. The 45-day | 5 | | period
does not commence until the consumer is furnished the | 6 | | Notice
of Cancellation
and
the address and phone number at | 7 | | which such notice to the seller can be given.
| 8 | | If the conditions of this Section are met, the seller must | 9 | | return to the
consumer the amount of any payment
made or | 10 | | consideration given under
the contract or for the merchandise | 11 | | less a nonrefundable
restocking fee.
| 12 | | It is an unlawful practice
for a seller to: (1) hold a | 13 | | consumer responsible for any liability or
obligation under any | 14 | | mail order transaction if the consumer claims not to have
| 15 | | received the merchandise unless the merchandise was sent by | 16 | | certified mail or
other delivery method by which the seller is | 17 | | provided with proof of delivery; (2) fail,
before
furnishing | 18 | | copies of the "Notice of Cancellation" to the
consumer, to | 19 | | complete both copies by entering the name of the seller, the
| 20 | | address of the seller's place of business, the seller's | 21 | | telephone number,
the date of the mailing, and the date, not | 22 | | earlier
than the 45th
business
day following the date of the | 23 | | mailing, by which the
consumer may give notice
of | 24 | | cancellation; (3) include in any contract or receipt any
| 25 | | confession of
judgment or any waiver of any of the rights to | 26 | | which the consumer is entitled
under this Section including |
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| 1 | | specifically his right to cancel the
sale in accordance with | 2 | | the provisions of this Section; (4)
misrepresent
in any manner | 3 | | the consumer's right to cancel; (5) use any undue
influence,
| 4 | | coercion, or any other wilful act or representation to | 5 | | interfere with the
consumer's exercise of his rights under | 6 | | this Section; (6) fail or
refuse
to honor any valid notice of
| 7 | | cancellation and return of
merchandise
by a consumer and, | 8 | | within 10
business
days after the receipt of such
notice and | 9 | | merchandise
pertaining to such transaction,
to (i) refund | 10 | | payments made
under
the contract or sale, (ii) return any | 11 | | goods or property traded in, in
substantially as good | 12 | | condition as when received by the person, (iii)
cancel and | 13 | | return any negotiable instrument executed by the consumer in
| 14 | | connection with the contract or sale and take any action | 15 | | necessary or
appropriate to terminate promptly any security | 16 | | interest created in the
transaction; (7) negotiate, transfer, | 17 | | sell, or assign any note or
other
evidence of indebtedness to a | 18 | | finance company or other third party prior to the 50th | 19 | | business day following the day of the
mailing;
or (8) fail to | 20 | | provide the consumer of a hearing aid instrument with written
| 21 | | information stating the name, address, and telephone number of | 22 | | the Department
and informing the consumer that complaints | 23 | | regarding hearing aid instrument goods
or services may be made | 24 | | to the Department.
| 25 | | (h) The organization employs only licensed
audiologists | 26 | | and licensed hearing
instrument dispensers in the
dispensing |
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| 1 | | of hearing aids instruments and files with the Department,
by
| 2 | | January 1 of
each year, a list of all licensed audiologists and | 3 | | licensed 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 | 15 | | dispense
hearing instruments must meet
the annual calibration | 16 | | requirements and current standards set by the American
| 17 | | National Standards Institute.
| 18 | | (c) Audiologists licensed under the Illinois | 19 | | Speech-Language Pathology
and Audiology Practice Act are | 20 | | exempt from licensure under this Act, but are
otherwise | 21 | | subject to the practices and provisions of this Act.
| 22 | | (d) Hearing aid dispensing technicians are exempt from | 23 | | licensure under this Act but are otherwise subject to the | 24 | | practices and provisions of this Act. | 25 | | (Source: P.A. 91-932, eff. 1-1-01 .)
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| 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 | 5 | | hearing, the Department
shall authorize or shall conduct an | 6 | | appropriate examination, which may be the International | 7 | | Hearing Society's licensure examination, for persons
who | 8 | | dispense, test, select, recommend, fit, or service hearing
| 9 | | aids instruments . The frequency of holding these examinations | 10 | | shall
be determined by the Department by rule. Those
who | 11 | | successfully pass such an examination shall be issued a | 12 | | license
as a hearing instrument dispenser, which shall be | 13 | | effective 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 | 23 | | the applicant
involving matters set forth in Sections 17 and | 24 | | 18 shall be considered in
determining moral character, but | 25 | | such a conviction or finding shall not make an
applicant |
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| 1 | | ineligible to register for examination.
| 2 | | (c) Prior to engaging in the practice of fitting, | 3 | | dispensing, or servicing
hearing aids instruments , an | 4 | | applicant
shall demonstrate, by means of written
and practical | 5 | | examinations, that such person is qualified to
practice the | 6 | | testing, selecting, recommending, fitting, selling, or
| 7 | | servicing of hearing aids instruments as defined in this
Act. | 8 | | An applicant must obtain a license within 12
months after | 9 | | passing either the written or practical examination, whichever | 10 | | is passed first, or must take and
pass those examinations | 11 | | again in order to be eligible to receive a license.
| 12 | | The Department shall, by rule, determine the conditions | 13 | | under which an
individual is examined.
| 14 | | (d) Proof of having met the minimum requirements of | 15 | | continuing education
as determined by the Board shall be | 16 | | required of all license renewals.
Pursuant to rule, the | 17 | | continuing education requirements may, upon petition to
the | 18 | | Board,
be waived in whole or in part if the hearing instrument | 19 | | dispenser
can demonstrate
that he or she served in the Coast | 20 | | Guard or Armed Forces, had an extreme
hardship, or obtained | 21 | | his or her license by examination or
endorsement within
the | 22 | | preceding renewal period.
| 23 | | (e) Persons applying for an initial
license
must | 24 | | demonstrate having earned, at a minimum, an associate degree | 25 | | or its equivalent from an
accredited institution of higher | 26 | | education that is recognized by the U.S. Department of |
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| 1 | | Education or that meets the U.S. Department of Education | 2 | | equivalency as determined through a National Association of | 3 | | Credential Evaluation Services (NACES) member, and meet the | 4 | | other requirements of
this Section. In addition, the applicant | 5 | | must demonstrate the successful
completion of (1) 12 semester | 6 | | hours or 18 quarter hours of academic undergraduate
course | 7 | | work in an accredited institution consisting of 3 semester | 8 | | hours of
anatomy and physiology of the hearing mechanism, 3 | 9 | | semester hours of
hearing science, 3 semester hours of | 10 | | introduction to audiology, and 3 semester
hours of aural | 11 | | rehabilitation, or the quarter hour equivalent or (2) an | 12 | | equivalent program as determined by the Department that is | 13 | | consistent with the scope of practice of a hearing instrument | 14 | | dispenser as defined in Section 3 of this Act. Persons
| 15 | | licensed before January 1, 2003 who
have a valid license on | 16 | | that date may have their license renewed
without meeting the | 17 | | requirements 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 | 22 | | Section 8
shall be set forth by rule and demonstrate the
| 23 | | applicant's technical qualifications by:
| 24 | | (a) Tests of knowledge in the following areas as they | 25 | | pertain to the
testing, selecting, recommending, fitting,
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| 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 |
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| 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 | 7 | | apply to the Department and provide acceptable evidence of his | 8 | | or her completion of the required courses pursuant to | 9 | | subsection (e) of Section 8 of this Act, or its equivalent as | 10 | | determined by the Department. A trainee license expires 12 | 11 | | months from the date of issue and is non-renewable. | 12 | | (b) A trainee shall perform the functions of a hearing | 13 | | instrument dispenser in accordance with the Department rules | 14 | | and only under the direct supervision of a hearing instrument | 15 | | dispenser or audiologist who is licensed in the State. For the | 16 | | purposes of this Section, "direct supervision" means that the | 17 | | licensed hearing instrument dispenser or audiologist shall | 18 | | give final approval to all work performed by the trainee and | 19 | | shall be physically present anytime the trainee has contact | 20 | | with the client. The licensed hearing instrument dispenser or | 21 | | audiologist is responsible for all of the work that is | 22 | | performed by the trainee. | 23 | | (c) The Department may limit the number of trainees that | 24 | | may be under the direct supervision of the same licensed | 25 | | hearing instrument dispenser or licensed audiologist.
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| 1 | | (d) The Department may establish a trainee licensing fee | 2 | | by rule. | 3 | | (e) A trainee may be supervised by more than one licensed | 4 | | hearing instrument professional. The trainee must complete a | 5 | | hearing instrument consumer protection program license | 6 | | verification form for each supervising licensed hearing | 7 | | instrument 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 | 12 | | a hearing instrument professional to assist in the dispensing | 13 | | and servicing of hearing instruments without a license. A | 14 | | hearing aid dispensing technician must work under the direct | 15 | | supervision of a licensed hearing instrument professional. | 16 | | (b) The duties of a hearing aid dispensing technician are | 17 | | limited 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 | 13 | | responsible for all services performed by the hearing aid | 14 | | dispensing technician under the professional's direct | 15 | | supervision.
| 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 | 19 | | and duties of
the Department are:
| 20 | | (a) To issue licenses and to administer examinations to | 21 | | applicants , which must be offered at least on a quarterly | 22 | | basis ;
| 23 | | (b) To license persons who are qualified to engage in the | 24 | | testing,
recommending, fitting, selling, and dispensing of | 25 | | hearing instruments;
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| 1 | | (c) To provide the equipment and facilities necessary for | 2 | | the examination;
| 3 | | (d) To issue and to renew licenses;
| 4 | | (e) To suspend or revoke licenses or to take such other | 5 | | disciplinary action
as provided in this Act;
| 6 | | (f) To consider all recommendations and requests of the | 7 | | Board and to inform
it of all actions of the Department insofar | 8 | | as hearing instrument dispensers
are concerned, including any | 9 | | instances where the actions of the Department are
contrary to | 10 | | the 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 | 14 | | awareness programs for
persons with a hearing impairment as | 15 | | may 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. | 20 | | There shall be
established a Hearing Instrument Consumer | 21 | | Protection
Board which shall assist, advise and make | 22 | | recommendations to the Department.
| 23 | | The Board shall consist of 7 6 members who shall be | 24 | | residents of
Illinois.
One shall be a licensed physician who | 25 | | specializes in otology or otolaryngology;
one shall be a |
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| 1 | | member of a consumer-oriented organization concerned with
the | 2 | | deaf or hard of hearing; one shall be from the general public, | 3 | | preferably a
senior citizen; 2 shall be licensed hearing | 4 | | instrument
dispensers who are
National Board Certified
Hearing
| 5 | | Instrument
Specialists; and 2 one shall be a licensed
| 6 | | audiologist. If a
vote of the Board results in a tie, the | 7 | | Director shall cast the deciding
vote.
| 8 | | Members of the Board shall be appointed by the Director | 9 | | after consultation
with appropriate professional organizations | 10 | | and consumer groups.
As soon as practical after the effective | 11 | | date of this amendatory Act of the 103rd General Assembly, the | 12 | | Director shall appoint the members of the Board. The term of | 13 | | office of each shall be 4 years. Before a member's term | 14 | | expires,
the Director shall appoint a successor to assume | 15 | | member's duties at the
expiration of his or her predecessor's | 16 | | term. A vacancy shall be filled by
appointment for the | 17 | | unexpired term. The members shall annually designate
one | 18 | | member as chairman. No member of the Board who has served 2
| 19 | | successive, full terms may be reappointed. The Director may | 20 | | remove
members for good cause.
| 21 | | Members of the Board shall receive reimbursement for | 22 | | actual and necessary
travel and for other expenses, not to | 23 | | exceed 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 | 3 | | Department in
all matters relating
to this Act and shall | 4 | | assist as requested by the Director.
| 5 | | The Board shall respond to issues and problems relating to | 6 | | the improvement
of services to the deaf or hard of hearing and | 7 | | shall make such recommendations
as it considers advisable. It | 8 | | shall file an annual report with the Director
and shall meet at | 9 | | least twice a year.
The Board may meet at any time at the call | 10 | | of the chair.
| 11 | | The Board shall recommend specialized education programs | 12 | | for persons wishing
to become licensed as hearing instrument | 13 | | dispensers and shall,
by rule, establish
minimum standards of | 14 | | continuing education required for license
renewal. No more | 15 | | than 5 hours of continuing education credit per year,
however, | 16 | | can be obtained through programs sponsored by hearing | 17 | | instrument
manufacturers. Continuing education credit A | 18 | | minimum of 2 hours of continuing education credit per | 19 | | licensing period must include a minimum of (i) 2 hours be | 20 | | obtained in Illinois law and ethics , (ii) one hour in sexual | 21 | | harassment prevention training, and (iii) one hour in implicit | 22 | | bias awareness . Continuing education offered by a college, | 23 | | university, or bar association, the International Hearing | 24 | | Society, the American Academy of Audiology, the American | 25 | | Speech-Language-Hearing Association, the Illinois | 26 | | Speech-Language-Hearing Association, the Illinois Academy of |
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| 1 | | Audiology, or the Illinois Hearing Society regarding Illinois | 2 | | law and ethics shall be accepted toward satisfaction of the | 3 | | Illinois law and ethics continuing education requirement.
| 4 | | The Board shall hear charges brought by any person against | 5 | | hearing instrument
dispensers and
shall recommend disciplinary | 6 | | action to the Director.
| 7 | | Members of the Board are immune from liability in any | 8 | | action based upon a
licensing proceeding or other act | 9 | | performed 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 | 14 | | refuse to
issue
or renew a license
or it may revoke, suspend, | 15 | | place on probation, censure, fine, or reprimand
a
licensee for | 16 | | any 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 |
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| 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 | 20 | | a fine not
to exceed $1,000 plus costs for the first violation | 21 | | and not to
exceed $5,000
plus costs for each subsequent | 22 | | violation of this Act, and the rules
promulgated hereunder, on | 23 | | any person or entity described in this Act.
Such fine may be | 24 | | imposed as an alternative to any other
disciplinary
measure, | 25 | | except for probation.
The imposition by the Department of a | 26 | | fine for any violation does
not bar
the violation from being |
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| 1 | | alleged in subsequent disciplinary
proceedings.
Such fines | 2 | | shall 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 | 8 | | hearing
instruments or hearing aids by any person not at that | 9 | | time in possession of a
valid and current
license under this | 10 | | Act is hereby declared to be a Class
A misdemeanor.
The | 11 | | Director of the Department, through
the Attorney General or | 12 | | the State's Attorney of any county, may maintain
an action in | 13 | | the name of the people of the State of Illinois
and may apply
| 14 | | for an injunction in the circuit court to enjoin
such person | 15 | | from engaging
in such practice. Any person may apply for an | 16 | | injunction in the circuit
court to enjoin a person from | 17 | | engaging without a license in practices for which
a license is | 18 | | required under this Act. Upon the filing of a verified | 19 | | petition
in such court, the court, if satisfied by affidavit | 20 | | or otherwise, that such
person has been engaged in such | 21 | | practice without a current license
to do
so, may enter a | 22 | | temporary restraining order without notice or bond, enjoining
| 23 | | the defendant from such further practice. A copy of the | 24 | | verified complaint
shall be served upon the defendant and the | 25 | | proceedings shall thereafter
be conducted as other civil |
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| 1 | | cases. If it is established that the defendant
has been, or is | 2 | | engaged in any unlawful practice, the court may enter an
order | 3 | | or judgment perpetually enjoining the defendant from further | 4 | | such
practice. In all proceedings hereunder, the court, in its | 5 | | discretion, may
apportion the costs among the parties | 6 | | interested in the action, including
cost of filing the | 7 | | complaint, service of process, witness fees and
expenses, | 8 | | court reporter charges and reasonable attorneys fees. In case | 9 | | of
violation of any injunctive order entered pursuant to this | 10 | | Section, the
court , may try and punish the offender for | 11 | | contempt of court. Such
injunctive proceedings shall be in | 12 | | addition to all penalties and other
remedies in this Act. Any | 13 | | such costs that may accrue to the Department
shall be placed in | 14 | | the Fund.
| 15 | | (b) A person who engages in the selling of hearing
| 16 | | instruments or hearing aids or the practice
of
fitting, | 17 | | dispensing, or servicing hearing instruments or hearing aids | 18 | | or displays a sign,
advertises,
or represents himself or | 19 | | herself as a person who practices the fitting and
selling of | 20 | | hearing instruments or hearing aids without being licensed or | 21 | | exempt under this Act
shall,
in addition to any other penalty | 22 | | provided by law, pay a civil penalty to the
Department in an | 23 | | amount not to exceed $5,000 for each offense, as determined by
| 24 | | the Department. The civil penalty shall be assessed by the | 25 | | Department after a
hearing is held in accordance with the | 26 | | provisions set forth in this Act
regarding the provision of a |
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| 1 | | hearing for the discipline of a licensee.
| 2 | | (c) The Department may investigate any actual, alleged, or | 3 | | suspected
unlicensed activity.
| 4 | | (d) The civil penalty shall be paid within 60 days after | 5 | | the effective date
of the order imposing the civil penalty. | 6 | | The order shall constitute a judgment
and may be filed and | 7 | | execution had thereon in the same manner as any judgment
from | 8 | | any 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 | 13 | | who notifies the Department, on
the prescribed forms, may | 14 | | place his or her license on
inactive status and
shall be exempt | 15 | | from payment of renewal fees until he or she notifies the
| 16 | | Department in writing, of the intention to resume the
practice | 17 | | of testing, fitting, dispensing, selecting, recommending, and
| 18 | | servicing hearing aids instruments and pays the current | 19 | | renewal fee
and demonstrates compliance with any continuing | 20 | | education that may be required.
However, if such period of | 21 | | inactive status is more than 2 years, the
hearing instrument | 22 | | dispenser shall also provide the Department with
sworn | 23 | | evidence certifying to active practice in another jurisdiction | 24 | | that is
satisfactory to the Department. If such person has not | 25 | | practiced in any
jurisdiction for 2 years or more, he or she |
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| 1 | | shall be required to
restore his or her license by retaking and | 2 | | passing the examinations required
in Section 8. Any hearing | 3 | | instrument
dispenser whose license is on inactive status shall
| 4 | | not practice in Illinois.
| 5 | | (Source: P.A. 89-72, eff. 12-31-95 .)
| 6 | | Section 99. Effective date. This Act takes effect January | 7 | | 1, 2024.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 220 ILCS 5/13-703 | from Ch. 111 2/3, par. 13-703 | | 4 | | 225 ILCS 50/1 | from Ch. 111, par. 7401 | | 5 | | 225 ILCS 50/3 | from Ch. 111, par. 7403 | | 6 | | 225 ILCS 50/4 | from Ch. 111, par. 7404 | | 7 | | 225 ILCS 50/4.5 new | | | 8 | | 225 ILCS 50/5 | from Ch. 111, par. 7405 | | 9 | | 225 ILCS 50/6 | from Ch. 111, par. 7406 | | 10 | | 225 ILCS 50/7 | from Ch. 111, par. 7407 | | 11 | | 225 ILCS 50/8 | from Ch. 111, par. 7408 | | 12 | | 225 ILCS 50/9 | from Ch. 111, par. 7409 | | 13 | | 225 ILCS 50/9.5 | | | 14 | | 225 ILCS 50/12 new | | | 15 | | 225 ILCS 50/14 | from Ch. 111, par. 7414 | | 16 | | 225 ILCS 50/16 | from Ch. 111, par. 7416 | | 17 | | 225 ILCS 50/17 | from Ch. 111, par. 7417 | | 18 | | 225 ILCS 50/18 | from Ch. 111, par. 7418 | | 19 | | 225 ILCS 50/19 | from Ch. 111, par. 7419 | | 20 | | 225 ILCS 50/20 | from Ch. 111, par. 7420 |
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