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

SB1721eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
SB1721 EngrossedLRB103 27016 AMQ 53383 b

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7    (Section scheduled to be repealed on December 31, 2026)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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the consumer purchases from the provider optional minutes,
2texts, or other services in addition to the federally funded
3Lifeline benefit, a consumer must pay the charge or
4assessment, and it must be collected by the seller according
5to this subsection (f).
6    Interconnected VoIP services shall not be considered an
7intrastate telecommunications service for the purposes of this
8Section in a manner inconsistent with federal law or Federal
9Communications Commission regulation.
10    (g) The provisions of this Section are severable under
11Section 1.31 of the Statute on Statutes.
12    (h) The Commission may adopt rules necessary to implement
13this Section.
14(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15;
1599-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff.
161-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303,
17eff. 8-24-17; 100-863, eff. 8-14-18.)
 
18    Section 10. The Hearing Instrument Consumer Protection Act
19is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5,
2014, 16, 17, 18, 19, and 20 and by adding Sections 4.5, 4.6, and
2112 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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1deaf or hard of hearing public from the practice of dispensing
2hearing aids instruments that could endanger the health,
3safety and welfare of the People of this State. The Federal
4Food and Drug Administration and Federal Trade Commission has
5recommended that State legislation is necessary in order to
6establish standards of competency and to impose stringent
7penalties for those who violate the public trust in this field
8of health care.
9(Source: P.A. 98-827, eff. 1-1-15.)
 
10    (225 ILCS 50/3)  (from Ch. 111, par. 7403)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 3. Definitions. As used in this Act, except as the
13context requires otherwise:
14    "Department" means the Department of Public Health.
15    "Director" means the Director of the Department of Public
16Health.
17    "Direct supervision" means the final approval given by the
18licensed hearing instrument professional to all work performed
19by the person under supervision and that the licensed hearing
20instrument professional is physically present in the facility
21any time the person under supervision has contact with a
22client. "Direct supervision" does not mean that the licensed
23hearing instrument professional is in the same room when the
24person under supervision has contact with the client.
25    "Federal Trade Commission" means the United States federal

 

 

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

 

 

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

 

 

SB1721 Engrossed- 12 -LRB103 27016 AMQ 53383 b

1selections, recommendations, adaptions, services, or sales of
2hearing aids instruments including the making of earmolds as a
3part of the hearing aid instrument.
4    "Sell" or "sale" means any transfer of title or of the
5right to use by lease, bailment, or any other contract,
6excluding wholesale transactions with distributors or dealers.
7    "Hearing instrument dispenser" means a person who is a
8hearing instrument care professional that engages in the
9selling, practice of fitting, selecting, recommending,
10dispensing, prescribing, or servicing of prescription hearing
11aids instruments or the testing for means of hearing aid
12instrument selection or who advertises or displays a sign or
13represents himself or herself as a person who practices the
14testing, fitting, selecting, servicing, dispensing,
15prescribing, or selling of prescription hearing aids
16instruments.
17    "Fund" means the Hearing Instrument Dispenser Examining
18and Disciplinary Fund.
19    "Hearing instrument care professional" means a person who
20is a licensed audiologist, a licensed hearing instrument
21dispenser, or a licensed physician.
22    "Over-the-counter hearing aid" means any instrument or
23device that:
24        (1) uses the same fundamental scientific technology as
25    air conduction hearing aids, as defined in 21 CFR
26    874.3300, or wireless air conduction hearing aids, as

 

 

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1    defined in 21 CFR 874.3305;
2        (2) is intended to be used by adults age 18 and older
3    to compensate for perceived mild to moderate hearing
4    impairment;
5        (3) through tools, tests, or software, allows the user
6    to control the over-the-counter hearing aid and customize
7    it to the user's hearing needs;
8        (4) may use wireless technology or include tests for
9    self-assessment of hearing loss; and
10        (5) is available over-the-counter, without the
11    supervision, prescription, or other order, involvement, or
12    intervention of a licensed person, to consumers through
13    in-person transactions, by mail, or online.
14    "Over-the-counter hearing aid" does not include batteries,
15cords, and individual or group auditory training devices or
16any instrument or device used by a public utility in providing
17telephone or other communication services.
18    "Personal sound amplification product" means an
19amplification device, as defined by the Food and Drug
20Administration or the Federal Trade Commission, that is not
21labeled as a hearing aid and is not intended to treat hearing
22loss.
23    "Prescribe" means an order for a prescription hearing aid
24issued by a licensed hearing instrument professional.
25    "Prescription hearing aid" means any wearable instrument
26or device designed, intended, or offered for the purpose of

 

 

SB1721 Engrossed- 14 -LRB103 27016 AMQ 53383 b

1improving a person's hearing that may only be obtained with
2the involvement of a licensed hearing instrument professional.
3(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
4    (225 ILCS 50/4)  (from Ch. 111, par. 7404)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 4. Disclosure; waiver; complaints; insurance. The
7hearing instrument dispenser shall give at no charge to every
8person fitted and sold a hearing aid instrument the "User
9Instructional Brochure", supplied by the hearing aid
10instrument manufacturer containing information required by the
11U.S. Food and Drug Administration.
12    All hearing instruments or hearing aids must be dispensed
13or sold in accordance with Food and Drug Administration and
14Federal Trade Commission regulations governing the dispensing
15and sale of personal sound amplification products or hearing
16aids.
17    A consumer who purchases an over-the-counter hearing aid
18must be provided a sales receipt at the time of the
19transaction.
20    Whenever a sale or service of one or more prescription
21hearing aids instrument involving $50 or more is made or
22contracted to be made, whether under a single contract or
23under multiple contracts, at the time of the transaction, the
24hearing instrument professional dispenser shall furnish the
25consumer with a fully completed receipt or contract pertaining

 

 

SB1721 Engrossed- 15 -LRB103 27016 AMQ 53383 b

1to that transaction, in substantially the same language as
2that used in the oral presentation to the consumer. The
3receipt or contract provided to the consumer shall contain (i)
4the hearing instrument professional's dispenser's name,
5license number, business address, business phone number, and
6signature; (ii) the name, address, and signature of the
7hearing instrument consumer; (iii) and the name and signature
8of the purchaser if the consumer and the purchaser are not the
9same person; (iv) the hearing aid instrument manufacturer's
10name, and the model and serial numbers; (v) the date of
11purchase; and (vi) the charges required to complete the terms
12of the sale, which must be fully and clearly stated. When the
13hearing aid instrument is delivered to the consumer or
14purchaser, the serial number shall be written on the original
15receipt or contract and a copy shall be given to the consumer
16or purchaser. If a used hearing instrument is sold, the
17receipt and the container thereof shall be clearly marked as
18"used" or "reconditioned", whichever is applicable, with terms
19of guarantee, if any.
20    All hearing instruments offered for sale must be
21accompanied by a 30-business day return privilege. The receipt
22or contract provided to the consumer shall state that the
23consumer has a right to return the hearing instrument for a
24refund within 30 business days of the date of delivery. If a
25nonrefundable dispensing fee or restocking fee, or both, will
26be withheld from the consumer in event of return, the terms

 

 

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1must be clearly stated on the receipt or contract provided to
2the consumer.
3    A hearing instrument dispenser shall not sell a hearing
4instrument unless the prospective user has presented to the
5hearing instrument dispenser a written statement, signed by a
6licensed physician, which states that the patient's hearing
7loss has been medically evaluated and the patient is
8considered a candidate for a hearing instrument. The medical
9evaluation must have taken place within the 6 months
10immediately preceding the date of the sale of the hearing
11instrument to the prospective hearing instrument user. If the
12prospective hearing instrument user is 18 years of age or
13older, the hearing instrument dispenser may afford the
14prospective user an opportunity to waive the medical
15evaluation required by this Section, provided that the hearing
16instrument dispenser:
17        (i) Informs the prospective user that the exercise of
18    a waiver is not in the user's best health interest;
19        (ii) Does not in any way actively encourage the
20    prospective user to waive the medical evaluation; and
21        (iii) Affords the prospective user the option to sign
22    the following statement:
23            "I have been advised by .................(hearing
24        instrument dispenser's name) that the Food and Drug
25        Administration has determined that my best interest
26        would be served if I had a medical evaluation by a

 

 

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1        licensed physician (preferably a physician who
2        specializes in diseases of the ear) before purchasing
3        a hearing instrument. I do not wish a medical
4        evaluation before purchasing a hearing instrument."
5    The hearing instrument dispenser or the dispenser's his or
6her employer shall retain proof of the medical examination or
7the waiver for at least 3 years from the date of the sale.
8    If the parent or guardian of any individual under the age
9of 18 years is a member of any church or religious
10denomination, whose tenets and practices include reliance upon
11spiritual means through prayer alone and objects to medical
12treatment and so states in writing to the hearing instrument
13dispenser, such individual shall undergo a hearing examination
14as provided by this Section but no proof, ruling out any
15medically treatable problem causing hearing loss, shall be
16required.
17    All persons licensed under this Act shall have
18conspicuously displayed in their business establishment a sign
19indicating that formal complaints regarding hearing aid
20instrument goods or services may be made to the Department.
21Such sign shall give the address and telephone number of the
22Department. All persons purchasing hearing aids instruments
23shall be provided with a written statement indicating that
24formal complaints regarding hearing aid instrument goods or
25services may be made to the Department and disclosing the
26address and telephone number of the Department.

 

 

SB1721 Engrossed- 18 -LRB103 27016 AMQ 53383 b

1    Any person wishing to make a complaint, against a hearing
2instrument dispenser under this Act, shall file it with the
3Department within 3 years from the date of the action upon
4which the complaint is based. The Department shall investigate
5all such complaints.
6    All persons licensed under this Act shall maintain
7liability insurance as set forth by rule and shall be
8responsible for the annual calibration of all audiometers in
9use by such persons. Such annual calibrations shall be in
10conformance with the current standards set by American
11National Standard Institute.
12(Source: P.A. 91-932, eff. 1-1-01.)
 
13    (225 ILCS 50/4.5 new)
14    Sec. 4.5. Hearing aids dispensed by prescription to
15persons age 17 or younger.
16    (a) A hearing instrument professional shall not sell a
17prescription hearing aid to anyone under 18 years of age
18unless the prospective user has presented to the hearing
19instrument professional a written statement, signed by a
20licensed physician, that states that the patient's hearing
21loss has been medically evaluated and the patient is
22considered a candidate for a hearing aid. The medical
23evaluation must have been performed within the 6 months
24immediately preceding the date of the sale of the hearing aid
25to the prospective hearing aid user.

 

 

SB1721 Engrossed- 19 -LRB103 27016 AMQ 53383 b

1    (b) A person age 17 or younger must be medically evaluated
2in person by a physician before receiving a prescription for a
3hearing aid. The evaluation must have been performed within
4the 6 months immediately preceding the date that the hearing
5aid is dispensed.
6    (c) Following a medical evaluation by a licensed
7physician, a hearing instrument professional other than the
8evaluating physician may prescribe a prescription hearing aid
9for an individual age 17 or younger. A person age 17 or younger
10may not waive the medical evaluation or receipt of a
11prescription from a hearing instrument professional unless the
12person is replacing a lost or stolen hearing aid that is
13subject to warranty replacement.
14    (d) A hearing aid prescription for individuals age 17 or
15younger issued by a hearing instrument professional other than
16the evaluating physician must include, at a minimum, the
17following information:
18        (1) name of the patient;
19        (2) documentation of medical evaluation by a
20    physician;
21        (3) date the prescription is issued;
22        (4) expiration date of the prescription, which may not
23    exceed 6 months from the date of issuance;
24        (5) name and license number of the prescribing hearing
25    instrument professional;
26        (6) results of the following assessments: (i)

 

 

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1    age-appropriate pure-tone air conduction audiometry or
2    results of auditory evoked potential testing, including,
3    but not limited to, auditory brainstem response or
4    otoacoustic emissions testing; (ii) bone conduction
5    testing, as age appropriate; and (iii) recorded or live
6    voice speech in quiet, as age appropriate;
7        (7) documentation of type and style of hearing aid;
8    and
9        (8) documentation of medical necessity of the
10    recommended features of a hearing aid.
 
11    (225 ILCS 50/4.6 new)
12    Sec. 4.6. Prescription hearing aids for persons age 18 or
13older.
14    (a) A person age 18 or older must be evaluated by a hearing
15instrument professional in person or via telehealth before
16receiving a prescription for a hearing aid. A person age 18 or
17older may not waive evaluation by a hearing instrument
18professional unless he or she is replacing a lost or stolen
19hearing aid that is subject to warranty replacement.
20    (b) A hearing instrument professional shall not sell
21prescription hearing aid to anyone age 18 or older if the
22prospective user had a negative finding on the Consumer Ear
23Disease Risk Assessment or a similar standardized assessment.
24The prospective user shall present to the hearing instrument
25professional a written statement, signed by a licensed

 

 

SB1721 Engrossed- 21 -LRB103 27016 AMQ 53383 b

1physician, which states that the patient's hearing loss has
2been medically evaluated and the patient is considered a
3candidate for a prescription hearing aid. The medical
4evaluation must have been performed within the 12 months
5immediately preceding the date of the sale of the hearing aid
6to the prospective hearing aid user.
7    (c) A hearing aid prescription for individuals age 18 or
8older must include, at a minimum, the following information:
9        (1) name of the patient;
10        (2) date the prescription is issued;
11        (3) expiration date of the prescription, which may not
12    exceed one year from the date of issuance;
13        (4) name and license number of the prescribing hearing
14    instrument professional;
15        (5) results of the following assessments:
16            (A) hearing handicap inventory or similar
17        standardized, evidence-based tool;
18            (B) pure-tone air conduction audiometry;
19            (C) bone conduction testing or consumer ear
20        disease risk assessment or a similar standardized
21        evidence-based tool;
22            (D) recorded speech in quiet, as medically
23        appropriate;
24            (E) recorded speech or digits in noise, as medical
25        appropriate;
26        (6) documentation of type and style of hearing aid;

 

 

SB1721 Engrossed- 22 -LRB103 27016 AMQ 53383 b

1    and
2        (7) documentation of medical necessity of the
3    recommended features of a hearing aid.
 
4    (225 ILCS 50/5)  (from Ch. 111, par. 7405)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 5. License required. No person shall engage in the
7selling, practice of testing, fitting, selecting,
8recommending, adapting, dispensing, or servicing hearing aids
9instruments or display a sign, advertise, or represent oneself
10as a person who practices the fitting or selling of hearing
11aids instruments unless such person holds a current license
12issued by the Department as provided in this Act. Such person
13shall be known as a licensed hearing instrument dispenser.
14Individuals licensed pursuant to the provisions of Section 8
15of this Act shall be deemed qualified to provide tests of human
16hearing and hearing aid instrument evaluations for the purpose
17of dispensing a hearing aid instrument for which any State
18agency may contract. The license shall be conspicuously
19displayed in the place of business. Duplicate licenses shall
20be issued by the Department to licensees operating more than
21one office upon the additional payment set forth in this Act.
22No hearing aids instrument manufacturer may distribute, sell,
23or otherwise provide hearing aids instruments to any
24unlicensed hearing instrument care professional for the
25purpose of selling hearing aids instruments to the consumer.

 

 

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1    Except for violations of the provisions of this Act, or
2the rules promulgated under it, nothing in this Act shall
3prohibit a corporation, partnership, trust, association, or
4other entity from engaging in the business of testing,
5fitting, servicing, selecting, dispensing, selling, or
6offering for sale hearing aid instruments at retail without a
7license, provided it employs only licensed individuals in the
8direct testing, fitting, servicing, selecting, offering for
9sale, or dispensing of such products. Each such corporation,
10partnership, trust, association, or other entity shall file
11with the Department, prior to doing business in this State and
12by July 1 of each calendar year thereafter, on forms
13prescribed by the Department, a list of all licensed hearing
14instrument dispensers employed by it and a statement attesting
15that it complies with this Act and the rules promulgated under
16it and the regulations of the Federal Food and Drug
17Administration and the Federal Trade Commission insofar as
18they are applicable.
19(Source: P.A. 99-204, eff. 7-30-15.)
 
20    (225 ILCS 50/6)  (from Ch. 111, par. 7406)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 6. Mail order and Internet sales. Nothing in this Act
23shall prohibit a corporation, partnership, trust, association,
24or other organization, maintaining an established business
25address, from engaging in the business of selling or offering

 

 

SB1721 Engrossed- 24 -LRB103 27016 AMQ 53383 b

1for sale hearing aids instruments at retail by mail or by
2Internet to persons 18 years of age or older who have not been
3examined by a licensed physician or tested by a licensed
4hearing instrument dispenser provided that:
5    (a) The organization is registered by the Department prior
6to engaging in business in this State and has paid the fee set
7forth in this Act.
8    (b) The organization files with the Department, prior to
9registration and annually thereafter, a Disclosure Statement
10containing the following:
11        (1) the name under which the organization is doing or
12    intends to do business and the name of any affiliated
13    company which the organization recommends or will
14    recommend to persons as a supplier of goods or services or
15    in connection with other business transactions of the
16    organization;
17        (2) the organization's principal business address and
18    the name and address of its agent in this State authorized
19    to receive service of process;
20        (3) the business form of the organization, whether
21    corporate, partnership, or otherwise and the state or
22    other sovereign power under which the organization is
23    organized;
24        (4) the names of the directors or persons performing
25    similar functions and names and addresses of the chief
26    executive officer, and the financial, accounting, sales,

 

 

SB1721 Engrossed- 25 -LRB103 27016 AMQ 53383 b

1    and other principal executive officers, if the
2    organization is a corporation, association, or other
3    similar entity; of all general partners, if the
4    organization is a partnership; and of the owner, if the
5    organization is a sole proprietorship, together with a
6    statement of the business background during the past 5
7    years for each such person;
8        (5) a statement as to whether the organization or any
9    person identified in the disclosure statement:
10            (i) has during the 5 year period immediately
11        preceding the date of the disclosure statement been
12        convicted of a felony, pleaded nolo contendere to a
13        felony charge, or been held liable in a civil action by
14        final judgment, if such felony or civil action
15        involved fraud, embezzlement, or misappropriation of
16        property, and a description thereof; or
17            (ii) is subject to any currently effective
18        injunctive or restrictive order as a result of a
19        proceeding or pending action brought by any government
20        agency or department, and a description thereof; or
21            (iii) is a defendant in any pending criminal or
22        material civil action relating to fraud, embezzlement,
23        misappropriation of property or violations of the
24        antitrust or trade regulation laws of the United
25        States or any state, and a description thereof; or
26            (iv) has during the 5-year 5 year period

 

 

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1        immediately preceding the date of the disclosure
2        statement had entered against such person or
3        organization a final judgment in any material civil
4        proceeding, and a description thereof; or
5            (v) has during the 5-year 5 year period
6        immediately preceding the date of the disclosure
7        statement been adjudicated a bankrupt or reorganized
8        due to insolvency or was a principal executive officer
9        or general partner of any company that has been
10        adjudicated a bankrupt or reorganized due to
11        insolvency during such 5-year 5 year period, and a
12        description thereof;
13        (6) the length of time the organization and any
14    predecessor of the organization has conducted a business
15    dealing with hearing aid instrument goods or services;
16        (7) a financial statement of the organization as of
17    the close of the most recent fiscal year of the
18    organization. If the financial statement is filed later
19    than 120 days following the close of the fiscal year of the
20    organization it must be accompanied by a statement of the
21    organization of any material changes in the financial
22    condition of the organization;
23        (8) a general description of the business, including
24    without limitation a description of the goods, training
25    programs, supervision, advertising, promotion and other
26    services provided by the organization;

 

 

SB1721 Engrossed- 27 -LRB103 27016 AMQ 53383 b

1        (9) a statement of any compensation or other benefit
2    given or promised to a public figure arising, in whole or
3    in part, from (i) the use of the public figure in the name
4    or symbol of the organization or (ii) the endorsement or
5    recommendation of the organization by the public figure in
6    advertisements;
7        (10) a statement setting forth such additional
8    information and such comments and explanations relative to
9    the information contained in the disclosure statement as
10    the organization may desire to present.
11    (b-5) If a device being sold does not meet the definition
12of an over-the-counter a hearing aid or a prescription hearing
13aid, instrument or hearing device as stated in this Act, the
14organization shall include a disclaimer in all written or
15electronic promotions. The disclaimer shall include the
16following language:
17        "This is not a hearing instrument or hearing aid as
18    defined in the Hearing Instrument Consumer Protection Act,
19    but a personal sound amplification product amplifier and
20    not intended to replace a properly fitted and calibrated
21    hearing aid or treat hearing loss instrument.".
22    (c) The organization files with the Department prior to
23registration and annually thereafter a statement that it
24complies with the Act, the rules issued pursuant to it, and the
25regulations of the Federal Food and Drug Administration and
26the Federal Trade Commission insofar as they are applicable.

 

 

SB1721 Engrossed- 28 -LRB103 27016 AMQ 53383 b

1    (d) The organization files with the Department at the time
2of registration an irrevocable consent to service of process
3authorizing the Department and any of its successors to be
4served any notice, process, or pleading in any action or
5proceeding against the organization arising out of or in
6connection with any violation of this Act. Such service shall
7have the effect of conferring personal jurisdiction over such
8organization in any court of competent jurisdiction.
9    (e) Before dispensing a hearing aid by mail or over the
10Internet instrument to a resident of this State, the
11organization informs the prospective users that they need to
12obtain a prescription issued by a hearing instrument
13professional that meets the requirements of Section 4.5 of
14this Act. the following for proper fitting of a hearing
15instrument:
16        (1) the results of an audiogram performed within the
17    past 6 months by a licensed audiologist or a licensed
18    hearing instrument dispenser; and
19        (2) an earmold impression obtained from the
20    prospective user and taken by a licensed hearing
21    instrument dispenser or licensed audiologist.
22    (f) (Blank). The prospective user receives a medical
23evaluation or the organization affords the prospective user an
24opportunity to waive the medical evaluation requirement of
25Section 4 of this Act and the testing requirement of
26subsection (z) of Section 18, provided that the organization:

 

 

SB1721 Engrossed- 29 -LRB103 27016 AMQ 53383 b

1        (1) informs the prospective user that the exercise of
2    the waiver is not in the user's best health interest;
3        (2) does not in any way actively encourage the
4    prospective user to waive the medical evaluation or test;
5    and
6        (3) affords the prospective user the option to sign
7    the following statement:
8            "I have been advised by .......... (hearing
9        instrument dispenser's name) that the Food and Drug
10        Administration and the State of Illinois have
11        determined that my best interest would be served if I
12        had a medical evaluation by a licensed physician,
13        preferably a physician who specialized in diseases of
14        the ear, before purchasing a hearing instrument; or a
15        test by a licensed audiologist or licensed hearing
16        instrument dispenser utilizing established procedures
17        and instrumentation in the fitting of hearing
18        instruments. I do not wish either a medical evaluation
19        or test before purchasing a hearing instrument."
20    (g) Where a sale, lease, or rental of prescription hearing
21aids are instruments is sold or contracted to be sold to a
22consumer by mail order or via the Internet, the consumer may
23void the contract or sale by notifying the seller within 45
24business days following that day on which the hearing aids
25instruments were mailed by the seller to the consumer and by
26returning to the seller in its original condition any hearing

 

 

SB1721 Engrossed- 30 -LRB103 27016 AMQ 53383 b

1aids instrument delivered to the consumer under the contract
2or sale. At the time the hearing aid instrument is mailed, the
3seller shall furnish the consumer with a fully completed
4receipt or copy of any contract pertaining to the sale that
5contains a "Notice of Cancellation" informing the consumer
6that he or she may cancel the sale at any time within 45
7business days and disclosing the date of the mailing and the
8name, address, and telephone number of the seller. In
9immediate proximity to the space reserved in the contract for
10the signature of the consumer, or on the front page of the
11receipt if a contract is not used, and in bold face type of a
12minimum size of 10 points, there shall be a statement in
13substantially the following form:
14        "You, the buyer, may cancel this transaction at any
15    time prior to midnight of the 45th business day after the
16    date of this transaction. See the attached notice of
17    cancellation form for an explanation of this right."
18    Attached to the receipt or contract shall be a completed
19form in duplicate, captioned "NOTICE OF CANCELLATION" which
20shall be easily detachable and which shall contain in at least
2110 point bold face type the following information and
22statements in the same language as that used in the contract:
23
"NOTICE OF CANCELLATION
24
enter date of transaction
25
.........................
26
(DATE)
          

 

 

SB1721 Engrossed- 31 -LRB103 27016 AMQ 53383 b

1    YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
2OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
3    IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
4BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
5RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
6WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
7THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
8PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
9ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
10    IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN
11SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
12DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
13        TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
14    AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
15    WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
16    AT (address of seller's place of business) AND (seller's
17    telephone number) NO LATER THAN MIDNIGHT OF
18    ...........(date).
19        I HEREBY CANCEL THIS TRANSACTION.
20(Date)............
21..................
22(Buyers Signature)"
23    The written "Notice of Cancellation" may be sent by the
24consumer to the seller to cancel the contract. The 45-day
25period does not commence until the consumer is furnished the
26Notice of Cancellation and the address and phone number at

 

 

SB1721 Engrossed- 32 -LRB103 27016 AMQ 53383 b

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

 

 

SB1721 Engrossed- 33 -LRB103 27016 AMQ 53383 b

1cancellation and return of merchandise by a consumer and,
2within 10 business days after the receipt of such notice and
3merchandise pertaining to such transaction, to (i) refund
4payments made under the contract or sale, (ii) return any
5goods or property traded in, in substantially as good
6condition as when received by the person, (iii) cancel and
7return any negotiable instrument executed by the consumer in
8connection with the contract or sale and take any action
9necessary or appropriate to terminate promptly any security
10interest created in the transaction; (7) negotiate, transfer,
11sell, or assign any note or other evidence of indebtedness to a
12finance company or other third party prior to the 50th
13business day following the day of the mailing; or (8) fail to
14provide the consumer of a hearing aid instrument with written
15information stating the name, address, and telephone number of
16the Department and informing the consumer that complaints
17regarding hearing aid instrument goods or services may be made
18to the Department.
19    (h) The organization employs only licensed audiologists
20and licensed hearing instrument dispensers in the dispensing
21of hearing aids instruments and files with the Department, by
22January 1 of each year, a list of all licensed audiologists and
23licensed hearing instrument dispensers employed by it.
24(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
25    (225 ILCS 50/7)  (from Ch. 111, par. 7407)

 

 

SB1721 Engrossed- 34 -LRB103 27016 AMQ 53383 b

1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 7. Exemptions.
3    (a) The following are exempt from this Act:
4        (1) Licensed physicians. This exemption, however, does
5    not apply to a physician's employee or subcontractor who
6    is not a physician.
7        (2) Persons who only repair or manufacture hearing
8    instruments and their accessories for wholesale.
9    (b) Audiometers used by persons exempt from this Act to
10dispense hearing instruments must meet the annual calibration
11requirements and current standards set by the American
12National Standards Institute.
13    (c) Audiologists licensed under the Illinois
14Speech-Language Pathology and Audiology Practice Act are
15exempt from licensure under this Act, but are otherwise
16subject to the practices and provisions of this Act.
17    (d) Hearing aid dispensing technicians are exempt from
18licensure under this Act but are otherwise subject to the
19practices and provisions of this Act.
20(Source: P.A. 91-932, eff. 1-1-01.)
 
21    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 8. Applicant qualifications; examination.
24    (a) In order to protect persons who are deaf or hard of
25hearing, the Department shall authorize or shall conduct an

 

 

SB1721 Engrossed- 35 -LRB103 27016 AMQ 53383 b

1appropriate examination, which may be the International
2Hearing Society's licensure examination, for persons who
3dispense, test, select, recommend, fit, or service hearing
4aids instruments. The frequency of holding these examinations
5shall be determined by the Department by rule. Those who
6successfully pass such an examination shall be issued a
7license as a hearing instrument dispenser, which shall be
8effective for a 2-year period.
9    (b) Applicants shall be:
10        (1) at least 18 years of age;
11        (2) of good moral character;
12        (3) the holder of an associate's degree or the
13    equivalent;
14        (4) free of contagious or infectious disease; and
15        (5) a citizen or person lawfully present in the United
16    States.
17    Felony convictions of the applicant and findings against
18the applicant involving matters set forth in Sections 17 and
1918 shall be considered in determining moral character, but
20such a conviction or finding shall not make an applicant
21ineligible to register for examination.
22    (c) Prior to engaging in the practice of fitting,
23dispensing, or servicing hearing aids instruments, an
24applicant shall demonstrate, by means of written and practical
25examinations, that such person is qualified to practice the
26testing, selecting, recommending, fitting, selling, or

 

 

SB1721 Engrossed- 36 -LRB103 27016 AMQ 53383 b

1servicing of hearing aids instruments as defined in this Act.
2An applicant must obtain a license within 12 months after
3passing either the written or practical examination, whichever
4is passed first, or must take and pass those examinations
5again in order to be eligible to receive a license.
6    The Department shall, by rule, determine the conditions
7under which an individual is examined.
8    (d) Proof of having met the minimum requirements of
9continuing education as determined by the Board shall be
10required of all license renewals. Pursuant to rule, the
11continuing education requirements may, upon petition to the
12Board, be waived in whole or in part if the hearing instrument
13dispenser can demonstrate that he or she served in the Coast
14Guard or Armed Forces, had an extreme hardship, or obtained
15his or her license by examination or endorsement within the
16preceding renewal period.
17    (e) Persons applying for an initial license must
18demonstrate having earned, at a minimum, an associate degree
19or its equivalent from an accredited institution of higher
20education that is recognized by the U.S. Department of
21Education or that meets the U.S. Department of Education
22equivalency as determined through a National Association of
23Credential Evaluation Services (NACES) member, and meet the
24other requirements of this Section. In addition, the applicant
25must demonstrate the successful completion of (1) 12 semester
26hours or 18 quarter hours of academic undergraduate course

 

 

SB1721 Engrossed- 37 -LRB103 27016 AMQ 53383 b

1work in an accredited institution consisting of 3 semester
2hours of anatomy and physiology of the hearing mechanism, 3
3semester hours of hearing science, 3 semester hours of
4introduction to audiology, and 3 semester hours of aural
5rehabilitation, or the quarter hour equivalent or (2) an
6equivalent program as determined by the Department that is
7consistent with the scope of practice of a hearing instrument
8dispenser as defined in Section 3 of this Act. Persons
9licensed before January 1, 2003 who have a valid license on
10that date may have their license renewed without meeting the
11requirements of this subsection.
12(Source: P.A. 102-1030, eff. 5-27-22.)
 
13    (225 ILCS 50/9)  (from Ch. 111, par. 7409)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 9. Areas of examination. The examination required by
16Section 8 shall be set forth by rule and demonstrate the
17applicant's technical qualifications by:
18        (a) Tests of knowledge in the following areas as they
19    pertain to the testing, selecting, recommending, fitting,
20    and selling of hearing aids instruments:
21            (1) characteristics of sound;
22            (2) the nature of the ear; and
23            (3) the function and maintenance of hearing aids
24        instruments.
25        (b) Practical tests of proficiency in techniques as

 

 

SB1721 Engrossed- 38 -LRB103 27016 AMQ 53383 b

1    they pertain to the fitting of hearing aids instruments
2    shall be prescribed by the Department, set forth by rule,
3    and include candidate qualifications in the following
4    areas:
5            (1) pure tone audiometry including air conduction
6        testing and bone conduction testing;
7            (2) live voice or recorded voice speech
8        audiometry, including speech reception, threshold
9        testing and speech discrimination testing;
10            (3) masking;
11            (4) proper selection and adaptation of a hearing
12        instrument;
13            (5) taking earmold impressions;
14            (6) proper maintenance procedures; and
15            (7) a general knowledge of the medical and
16        physical contra-indications to the use and fitting of
17        a hearing aids instrument.
18        (c) Knowledge of the general medical and hearing
19    rehabilitation facilities in the area being served.
20        (d) Knowledge of the provisions of this Act and the
21    rules promulgated hereunder.
22(Source: P.A. 96-683, eff. 1-1-10.)
 
23    (225 ILCS 50/9.5)
24    (Section scheduled to be repealed on January 1, 2026)
25    Sec. 9.5. Trainees.

 

 

SB1721 Engrossed- 39 -LRB103 27016 AMQ 53383 b

1    (a) In order to receive a trainee license, a person must
2apply to the Department and provide acceptable evidence of his
3or her completion of the required courses pursuant to
4subsection (e) of Section 8 of this Act, or its equivalent as
5determined by the Department. A trainee license expires 12
6months from the date of issue and is non-renewable.
7    (b) A trainee shall perform the functions of a hearing
8instrument dispenser in accordance with the Department rules
9and only under the direct supervision of a hearing instrument
10dispenser or audiologist who is licensed in the State. For the
11purposes of this Section, "direct supervision" means that the
12licensed hearing instrument dispenser or audiologist shall
13give final approval to all work performed by the trainee and
14shall be physically present anytime the trainee has contact
15with the client. The licensed hearing instrument dispenser or
16audiologist is responsible for all of the work that is
17performed by the trainee.
18    (c) The Department may limit the number of trainees that
19may be under the direct supervision of the same licensed
20hearing instrument dispenser or licensed audiologist.
21    (d) The Department may establish a trainee licensing fee
22by rule.
23    (e) A trainee may be supervised by more than one licensed
24hearing instrument professional. The trainee must complete a
25hearing instrument consumer protection program license
26verification form for each supervising licensed hearing

 

 

SB1721 Engrossed- 40 -LRB103 27016 AMQ 53383 b

1instrument professional.
2(Source: P.A. 98-827, eff. 1-1-15.)
 
3    (225 ILCS 50/12 new)
4    Sec. 12. Hearing aid technicians.
5    (a) Hearing aid technicians may be employed by a hearing
6instrument professional to assist in the dispensing and
7servicing of hearing instruments without a license. A hearing
8aid technician must work under the direct supervision of a
9licensed hearing instrument professional.
10    (b) The duties of a hearing aid technician are limited to
11the following:
12        (1) packaging and mailing earmold orders, repaired
13    devices, and manufacturer or lab returns;
14        (2) maintaining an inventory of supplies;
15        (3) performing checks on hearing aids and other
16    amplification devices and equipment;
17        (4) troubleshooting and performing minor repairs to
18    hearing aids, earmolds, and other amplification devices
19    which do not alter the shape, sound characteristics, or
20    performance of the device;
21        (5) cleaning of hearing aids and other amplification
22    devices;
23        (6) performing electroacoustic analysis of hearing
24    aids and other amplification devices;
25        (7) instructing patients in proper use and care of

 

 

SB1721 Engrossed- 41 -LRB103 27016 AMQ 53383 b

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

 

 

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

 

 

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1audiologist. If a vote of the Board results in a tie, the
2Director shall cast the deciding vote.
3    Members of the Board shall be appointed by the Director
4after consultation with appropriate professional organizations
5and consumer groups. As soon as practical after the effective
6date of this amendatory Act of the 103rd General Assembly, the
7Director shall appoint the members of the Board. The term of
8office of each shall be 4 years. Before a member's term
9expires, the Director shall appoint a successor to assume
10member's duties at the expiration of his or her predecessor's
11term. A vacancy shall be filled by appointment for the
12unexpired term. The members shall annually designate one
13member as chairman. No member of the Board who has served 2
14successive, full terms may be reappointed. The Director may
15remove members for good cause.
16    Members of the Board shall receive reimbursement for
17actual and necessary travel and for other expenses, not to
18exceed the limit established by the Department.
19(Source: P.A. 98-827, eff. 1-1-15.)
 
20    (225 ILCS 50/17)  (from Ch. 111, par. 7417)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 17. Duties of the Board. The Board shall advise the
23Department in all matters relating to this Act and shall
24assist as requested by the Director.
25    The Board shall respond to issues and problems relating to

 

 

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1the improvement of services to the deaf or hard of hearing and
2shall make such recommendations as it considers advisable. It
3shall file an annual report with the Director and shall meet at
4least twice a year. The Board may meet at any time at the call
5of the chair.
6    The Board shall recommend specialized education programs
7for persons wishing to become licensed as hearing instrument
8dispensers and shall, by rule, establish minimum standards of
9continuing education required for license renewal. No more
10than 5 hours of continuing education credit per year, however,
11can be obtained through programs sponsored by hearing
12instrument manufacturers. Continuing education credit A
13minimum of 2 hours of continuing education credit per
14licensing period must include a minimum of (i) 2 hours be
15obtained in Illinois law and ethics, (ii) one hour in sexual
16harassment prevention training, and (iii) one hour in implicit
17bias awareness. Continuing education offered by a college,
18university, or bar association, the International Hearing
19Society, the American Academy of Audiology, the American
20Speech-Language-Hearing Association, the Illinois
21Speech-Language-Hearing Association, the Illinois Academy of
22Audiology, or the Illinois Hearing Society regarding Illinois
23law and ethics shall be accepted toward satisfaction of the
24Illinois law and ethics continuing education requirement.
25    The Board shall hear charges brought by any person against
26hearing instrument dispensers and shall recommend disciplinary

 

 

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

 

 

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1        (g) Aiding or assisting another person in violating
2    any provision of this Act or the rules promulgated
3    hereunder.
4        (h) Failing, within 30 days, to provide in writing
5    information in response to a written request made by the
6    Department.
7        (i) Engaging in dishonorable, unethical, or
8    unprofessional conduct which is likely to deceive,
9    defraud, or harm the public.
10        (j) Knowingly employing, directly or indirectly, any
11    suspended or unlicensed person to perform any services
12    covered by this Act.
13        (k) Habitual intoxication or addiction to the use of
14    drugs.
15        (l) Discipline by another state, the District of
16    Columbia, territory, or a foreign nation, if at least one
17    of the grounds for the discipline is the same or
18    substantially equivalent to those set forth herein.
19        (m) Directly or indirectly giving to or receiving from
20    any person, firm, corporation, partnership, or association
21    any fee, commission, rebate, or other form of compensation
22    for any service not actually rendered. Nothing in this
23    paragraph (m) affects any bona fide independent contractor
24    or employment arrangements among health care
25    professionals, health facilities, health care providers,
26    or other entities, except as otherwise prohibited by law.

 

 

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

 

 

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

 

 

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

 

 

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1        (w) Directly or indirectly giving or offering anything
2    of value to any person who advises another in a
3    professional capacity, as an inducement to influence the
4    purchase of a product sold or offered for sale by a hearing
5    instrument dispenser or influencing persons to refrain
6    from dealing in the products of competitors.
7        (x) Conducting business while suffering from a
8    contagious disease.
9        (y) Engaging in the fitting or sale of hearing
10    instruments under a name with fraudulent intent.
11        (z) Dispensing a hearing instrument to a person who
12    has not been given tests utilizing appropriate established
13    procedures and instrumentation in the fitting of
14    prescription hearing aids instruments, except where there
15    is the replacement of a hearing instrument, of the same
16    make and model within one year of the dispensing of the
17    original hearing instrument.
18        (aa) Unavailability or unwillingness to adequately
19    provide for service or repair of hearing instruments or
20    hearing aids fitted and sold by the dispenser.
21        (bb) Violating the regulations of the Federal Food and
22    Drug Administration or the Federal Trade Commission as
23    they affect hearing aids or instruments.
24        (cc) Violating any provision of the Consumer Fraud and
25    Deceptive Business Practices Act.
26        (dd) Violating the Health Care Worker Self-Referral

 

 

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1    Act.
2        (ee) Failing to adequately supervise a hearing aid
3    technician or allowing a hearing aid technician to
4    practice beyond the hearing aid technician's training or
5    the duties set forth in Section 12.
6        (ff) Filing a false claim with a third-party payer.
7    The Department, with the approval of the Board, may impose
8a fine not to exceed $1,000 plus costs for the first violation
9and not to exceed $5,000 plus costs for each subsequent
10violation of this Act, and the rules promulgated hereunder, on
11any person or entity described in this Act. Such fine may be
12imposed as an alternative to any other disciplinary measure,
13except for probation. The imposition by the Department of a
14fine for any violation does not bar the violation from being
15alleged in subsequent disciplinary proceedings. Such fines
16shall be deposited in the Fund.
17(Source: P.A. 100-201, eff. 8-18-17.)
 
18    (225 ILCS 50/19)  (from Ch. 111, par. 7419)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 19. Injunctions; civil penalties.
21    (a) The practice of fitting, dispensing, and servicing
22hearing instruments or hearing aids by any person not at that
23time in possession of a valid and current license under this
24Act is hereby declared to be a Class A misdemeanor. The
25Director of the Department, through the Attorney General or

 

 

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1the State's Attorney of any county, may maintain an action in
2the name of the people of the State of Illinois and may apply
3for an injunction in the circuit court to enjoin such person
4from engaging in such practice. Any person may apply for an
5injunction in the circuit court to enjoin a person from
6engaging without a license in practices for which a license is
7required under this Act. Upon the filing of a verified
8petition in such court, the court, if satisfied by affidavit
9or otherwise, that such person has been engaged in such
10practice without a current license to do so, may enter a
11temporary restraining order without notice or bond, enjoining
12the defendant from such further practice. A copy of the
13verified complaint shall be served upon the defendant and the
14proceedings shall thereafter be conducted as other civil
15cases. If it is established that the defendant has been, or is
16engaged in any unlawful practice, the court may enter an order
17or judgment perpetually enjoining the defendant from further
18such practice. In all proceedings hereunder, the court, in its
19discretion, may apportion the costs among the parties
20interested in the action, including cost of filing the
21complaint, service of process, witness fees and expenses,
22court reporter charges and reasonable attorneys fees. In case
23of violation of any injunctive order entered pursuant to this
24Section, the court, may try and punish the offender for
25contempt of court. Such injunctive proceedings shall be in
26addition to all penalties and other remedies in this Act. Any

 

 

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1such costs that may accrue to the Department shall be placed in
2the Fund.
3    (b) A person who engages in the selling of hearing
4instruments or hearing aids or the practice of fitting,
5dispensing, or servicing hearing instruments or hearing aids
6or displays a sign, advertises, or represents himself or
7herself as a person who practices the fitting and selling of
8hearing instruments or hearing aids without being licensed or
9exempt under this Act shall, in addition to any other penalty
10provided by law, pay a civil penalty to the Department in an
11amount not to exceed $5,000 for each offense, as determined by
12the Department. The civil penalty shall be assessed by the
13Department after a hearing is held in accordance with the
14provisions set forth in this Act regarding the provision of a
15hearing for the discipline of a licensee.
16    (c) The Department may investigate any actual, alleged, or
17suspected unlicensed activity.
18    (d) The civil penalty shall be paid within 60 days after
19the effective date of the order imposing the civil penalty.
20The order shall constitute a judgment and may be filed and
21execution had thereon in the same manner as any judgment from
22any court of record.
23(Source: P.A. 89-72, eff. 12-31-95.)
 
24    (225 ILCS 50/20)  (from Ch. 111, par. 7420)
25    (Section scheduled to be repealed on January 1, 2026)

 

 

SB1721 Engrossed- 54 -LRB103 27016 AMQ 53383 b

1    Sec. 20. Inactive status. A hearing instrument dispenser
2who notifies the Department, on the prescribed forms, may
3place his or her license on inactive status and shall be exempt
4from payment of renewal fees until he or she notifies the
5Department in writing, of the intention to resume the practice
6of testing, fitting, dispensing, selecting, recommending, and
7servicing hearing aids instruments and pays the current
8renewal fee and demonstrates compliance with any continuing
9education that may be required. However, if such period of
10inactive status is more than 2 years, the hearing instrument
11dispenser shall also provide the Department with sworn
12evidence certifying to active practice in another jurisdiction
13that is satisfactory to the Department. If such person has not
14practiced in any jurisdiction for 2 years or more, he or she
15shall be required to restore his or her license by retaking and
16passing the examinations required in Section 8. Any hearing
17instrument dispenser whose license is on inactive status shall
18not practice in Illinois.
19(Source: P.A. 89-72, eff. 12-31-95.)
 
20    Section 99. Effective date. This Act takes effect January
211, 2024.