Full Text of SB1721 103rd General Assembly
SB1721ham001 103RD GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 4/18/2023
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| 1 | | AMENDMENT TO SENATE BILL 1721
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1721 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by | 5 | | changing 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| 7 | | (Section scheduled to be repealed on December 31, 2026)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 |
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| 1 | | speech-language pathologist, or a qualified
State agency and | 2 | | to any subscriber which is an organization serving the needs
| 3 | | of those persons with a hearing or speech disability as | 4 | | determined and
specified by the Commission pursuant to | 5 | | subsection (d).
| 6 | | (b) The Commission shall design and implement a program, | 7 | | whereby each
telecommunications carrier providing local | 8 | | exchange service shall provide a
telecommunications relay | 9 | | system, using third party intervention to connect
those | 10 | | persons having a hearing or speech disability with persons of | 11 | | normal
hearing by way of intercommunications devices and the | 12 | | telephone system, making
available reasonable access to all | 13 | | phases of public telephone service to
persons who have a | 14 | | hearing or speech disability. In order to design a
| 15 | | telecommunications relay system which will meet the | 16 | | requirements of those
persons with a hearing or speech | 17 | | disability available at a reasonable cost, the
Commission | 18 | | shall initiate an investigation and conduct public hearings to
| 19 | | determine the most cost-effective method of providing | 20 | | telecommunications relay
service to those persons who have a | 21 | | hearing or speech disability when using
telecommunications | 22 | | devices and therein solicit the advice, counsel, and
physical | 23 | | assistance of Statewide nonprofit consumer organizations that | 24 | | serve
persons with hearing or speech disabilities in such | 25 | | hearings and during the
development and implementation of the | 26 | | system. The Commission shall phase
in this program, on a |
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| 1 | | geographical basis, as soon as is practicable, but
no later | 2 | | than June 30, 1990.
| 3 | | (c) The Commission shall establish a competitively neutral | 4 | | rate recovery mechanism that establishes charges in an amount | 5 | | to be determined by the Commission
for each line of a | 6 | | subscriber to allow telecommunications carriers
providing | 7 | | local exchange service to recover costs as they are incurred
| 8 | | under this Section. Beginning no later than April 1, 2016, and | 9 | | on a yearly basis thereafter, the Commission shall initiate a | 10 | | proceeding to establish the competitively neutral amount to be | 11 | | charged or assessed to subscribers of telecommunications | 12 | | carriers and wireless carriers, Interconnected VoIP service | 13 | | providers, and consumers of prepaid wireless | 14 | | telecommunications service in a manner consistent with this | 15 | | subsection (c) and subsection (f) of this Section. The | 16 | | Commission shall issue its order establishing the | 17 | | competitively neutral amount to be charged or assessed to | 18 | | subscribers of telecommunications carriers and wireless | 19 | | carriers, Interconnected VoIP service providers, and | 20 | | purchasers of prepaid wireless telecommunications service on | 21 | | or prior to June 1 of each year, and such amount shall take | 22 | | effect June 1 of each year.
| 23 | | Telecommunications carriers, wireless carriers, | 24 | | Interconnected VoIP service providers, and sellers of prepaid | 25 | | wireless telecommunications service shall have 60 days from | 26 | | the date the Commission files its order to implement the new |
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| 1 | | rate established by the order. | 2 | | (d) The Commission shall determine and specify those | 3 | | organizations serving
the needs of those persons having a | 4 | | hearing or speech disability that shall
receive a | 5 | | telecommunications device and in which offices the equipment | 6 | | shall be
installed in the case of an organization having more | 7 | | than one office. For the
purposes of this Section, | 8 | | "organizations serving the needs of those persons
with hearing | 9 | | or speech disabilities" means centers for independent living | 10 | | as
described in Section 12a of the Rehabilitation of Persons | 11 | | with Disabilities Act and
not-for-profit organizations whose | 12 | | primary purpose is serving the needs of
those persons with | 13 | | hearing or speech disabilities. The Commission shall direct
| 14 | | the telecommunications carriers subject to its jurisdiction | 15 | | and this
Section to comply with its determinations and | 16 | | specifications in this regard.
| 17 | | (e) As used in this Section: | 18 | | "Prepaid wireless telecommunications service" has the | 19 | | meaning given to that term under Section 10 of the Prepaid | 20 | | Wireless 9-1-1 Surcharge Act. | 21 | | "Retail transaction" has the meaning given to that term | 22 | | under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 23 | | "Seller" has the meaning given to that term under Section | 24 | | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 25 | | "Telecommunications carrier
providing local exchange | 26 | | service" includes, without otherwise limiting the
meaning of |
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| 1 | | the term, telecommunications carriers which are purely mutual
| 2 | | concerns, having no rates or charges for services, but paying | 3 | | the operating
expenses by assessment upon the members of such | 4 | | a company and no other
person.
| 5 | | "Wireless carrier" has the meaning given to that term | 6 | | under Section 2 of the Emergency Telephone System Act. | 7 | | (f) Interconnected VoIP service providers, sellers of | 8 | | prepaid wireless telecommunications service, and wireless | 9 | | carriers in Illinois shall collect and remit assessments | 10 | | determined in accordance with this Section in a competitively | 11 | | neutral manner in the same manner as a telecommunications | 12 | | carrier providing local exchange service. However, the | 13 | | assessment imposed on consumers of prepaid wireless | 14 | | telecommunications service shall be collected by the seller | 15 | | from the consumer and imposed per retail transaction as a | 16 | | percentage of that retail transaction on all retail | 17 | | transactions occurring in this State. The assessment on | 18 | | subscribers of wireless carriers and consumers of prepaid | 19 | | wireless telecommunications service shall not be imposed or | 20 | | collected prior to June 1, 2016. | 21 | | Sellers of prepaid wireless telecommunications service | 22 | | shall remit the assessments to the Department of Revenue on | 23 | | the same form and in the same manner which they remit the fee | 24 | | collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | 25 | | the purposes of display on the consumers' receipts, the rates | 26 | | of the fee collected under the Prepaid Wireless 9-1-1 |
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| 1 | | Surcharge Act and the assessment under this Section may be | 2 | | combined. In administration and enforcement of this Section, | 3 | | the provisions of Sections 15 and 20 of the Prepaid Wireless | 4 | | 9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5), | 5 | | (e), and (e-5) of Section 15 and subsections (c) and (e) of | 6 | | Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and, | 7 | | from June 29, 2015 (the effective date of Public Act 99-6), the | 8 | | seller shall be permitted to deduct and retain 3% of the | 9 | | assessments that are collected by the seller from consumers | 10 | | and that are remitted and timely filed with the Department) | 11 | | that are not inconsistent with this Section, shall apply, as | 12 | | far as practicable, to the subject matter of this Section to | 13 | | the same extent as if those provisions were included in this | 14 | | Section. Beginning on January 1, 2018, the seller is allowed | 15 | | to deduct and retain 3% of the assessments that are collected | 16 | | by the seller from consumers and that are remitted timely and | 17 | | timely filed with the Department, but only if the return is | 18 | | filed electronically as provided in Section 3 of the | 19 | | Retailers' Occupation Tax Act. Sellers who demonstrate that | 20 | | they do not have access to the Internet or demonstrate | 21 | | hardship in filing electronically may petition the Department | 22 | | to waive the electronic filing requirement. The Department | 23 | | shall deposit all assessments and penalties collected under | 24 | | this Section into the Illinois Telecommunications Access | 25 | | Corporation Fund, a special fund created in the State | 26 | | treasury. On or before the 25th day of each calendar month, the |
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| 1 | | Department shall prepare and certify to the Comptroller the | 2 | | amount available to the Commission for distribution out of the | 3 | | Illinois Telecommunications Access Corporation Fund. The | 4 | | amount certified shall be the amount (not including credit | 5 | | memoranda) collected during the second preceding calendar | 6 | | month by the Department, plus an amount the Department | 7 | | determines is necessary to offset any amounts which were | 8 | | erroneously paid to a different taxing body or fund. The | 9 | | amount paid to the Illinois Telecommunications Access | 10 | | Corporation Fund shall not include any amount equal to the | 11 | | amount of refunds made during the second preceding calendar | 12 | | month by the Department to retailers under this Section or any | 13 | | amount that the Department determines is necessary to offset | 14 | | any amounts which were payable to a different taxing body or | 15 | | fund but were erroneously paid to the Illinois | 16 | | Telecommunications Access Corporation Fund. The Commission | 17 | | shall distribute all the funds to the Illinois | 18 | | Telecommunications Access Corporation and the funds may only | 19 | | be used in accordance with the provisions of this Section. The | 20 | | Department shall deduct 2% of all amounts deposited in the | 21 | | Illinois Telecommunications Access Corporation Fund during | 22 | | every year of remitted assessments. Of the 2% deducted by the | 23 | | Department, one-half shall be transferred into the Tax | 24 | | Compliance and Administration Fund to reimburse the Department | 25 | | for its direct costs of administering the collection and | 26 | | remittance of the assessment. The remaining one-half shall be |
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| 1 | | transferred into the Public Utility Fund to reimburse the | 2 | | Commission for its costs of distributing to the Illinois | 3 | | Telecommunications Access Corporation the amount certified by | 4 | | the Department for distribution. The amount to be charged or | 5 | | assessed under subsections (c) and (f) is not imposed on a | 6 | | provider or the consumer for wireless Lifeline service where | 7 | | the consumer does not pay the provider for the service. Where | 8 | | the consumer purchases from the provider optional minutes, | 9 | | texts, or other services in addition to the federally funded | 10 | | Lifeline benefit, a consumer must pay the charge or | 11 | | assessment, and it must be collected by the seller according | 12 | | to this subsection (f). | 13 | | Interconnected VoIP services shall not be considered an | 14 | | intrastate telecommunications service for the purposes of this | 15 | | Section in a manner inconsistent with federal law or Federal | 16 | | Communications Commission regulation. | 17 | | (g) The provisions of this Section are severable under | 18 | | Section 1.31 of the Statute on Statutes. | 19 | | (h) The Commission may adopt rules necessary to implement | 20 | | this Section. | 21 | | (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; | 22 | | 99-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. | 23 | | 1-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303, | 24 | | eff. 8-24-17; 100-863, eff. 8-14-18 .)
| 25 | | Section 10. The Hearing Instrument Consumer Protection Act |
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| 1 | | is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5, | 2 | | 14, 16, 17, 18, 19, and 20 and by adding Sections 4.5, 4.6, and | 3 | | 12 as follows:
| 4 | | (225 ILCS 50/1) (from Ch. 111, par. 7401)
| 5 | | (Section scheduled to be repealed on January 1, 2026)
| 6 | | Sec. 1. Purpose. The purpose of this Act is to protect the | 7 | | deaf or hard of hearing
public from the practice of dispensing | 8 | | hearing aids instruments that
could
endanger the health, | 9 | | safety and welfare of the People of this State. The
Federal | 10 | | Food and Drug Administration
and Federal Trade Commission has | 11 | | recommended that State legislation is necessary in order to | 12 | | establish
standards of competency and to impose stringent | 13 | | penalties for those who
violate the public trust in this field | 14 | | of health care.
| 15 | | (Source: P.A. 98-827, eff. 1-1-15 .)
| 16 | | (225 ILCS 50/3) (from Ch. 111, par. 7403)
| 17 | | (Section scheduled to be repealed on January 1, 2026)
| 18 | | Sec. 3. Definitions. As used in this Act, except as the | 19 | | context
requires otherwise:
| 20 | | "Department" means the Department of Public Health.
| 21 | | "Director" means the Director of the Department of Public | 22 | | Health.
| 23 | | "Direct supervision" means the final approval given by the | 24 | | licensed hearing instrument professional to all work performed |
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| 1 | | by the person under supervision and that the licensed hearing | 2 | | instrument professional is physically present in the facility | 3 | | any time the person under supervision has contact with a | 4 | | client. "Direct supervision" does not mean that the licensed | 5 | | hearing instrument professional is in the same room when the | 6 | | person under supervision has contact with the client. | 7 | | "Federal Trade Commission" means the United States federal | 8 | | agency which regulates business practices and commerce. | 9 | | "Food and Drug Administration" means the United States | 10 | | federal agency which regulates hearing instruments or hearing | 11 | | aids as medical devices. | 12 | | "License" means a license
issued by the State under this
| 13 | | Act to a hearing instrument dispenser.
| 14 | | "Licensed audiologist" means a person
licensed
as an | 15 | | audiologist under the Illinois Speech-Language Pathology and | 16 | | Audiology
Practice Act and who can prescribe hearing aids in | 17 | | accordance with this Act .
| 18 | | "National Board Certified Hearing Instrument
Specialist" | 19 | | means a person
who has had at least 2 years in practice as a | 20 | | licensed hearing
instrument dispenser and has
been certified | 21 | | after qualification by examination by the National Board for
| 22 | | Certification in Hearing Instruments Sciences.
| 23 | | "Licensed physician" or "physician" means a physician | 24 | | licensed
in Illinois to
practice medicine in all of its | 25 | | branches pursuant to the Medical Practice Act of 1987.
| 26 | | "Trainee" means a person who is licensed to perform the |
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| 1 | | functions of a hearing instrument dispenser or audiologist in | 2 | | accordance with the Department rules and only under the direct | 3 | | supervision of a hearing instrument dispenser or audiologist | 4 | | who is licensed in the State. | 5 | | "Board" means the Hearing Instrument Consumer Protection
| 6 | | Board.
| 7 | | "Hearing instrument" or "hearing aid" means any instrument | 8 | | or device, including an instrument or device dispensed | 9 | | pursuant to a prescription, that is designed, intended, or | 10 | | offered for the purpose of improving a person's hearing and | 11 | | any parts, attachments, or accessories, including earmolds. | 12 | | "Hearing instrument" or "hearing aid" does not include | 13 | | batteries, cords, and individual or group auditory training | 14 | | devices and any instrument or device used by a public utility | 15 | | in providing telephone or other communication services | 16 | | wearable instrument or device designed for or offered for the | 17 | | purpose of aiding or compensating for impaired human hearing | 18 | | and that can provide more than 15 dB full on gain via a 2cc | 19 | | coupler at any single frequency from 200 through 6000 cycles | 20 | | per second, and any parts, attachments, or accessories, | 21 | | including ear molds. "Hearing instrument" or "hearing aid" do | 22 | | not include batteries, cords, or group auditory training | 23 | | devices and any
instrument or device used by a public utility | 24 | | in providing telephone or
other communication services are | 25 | | excluded .
| 26 | | "Involvement of a licensed person" refers to the |
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| 1 | | supervisor, prescription or other order involvement or | 2 | | interaction by a licensed hearing instrument professional. | 3 | | "Practice of prescribing, fitting, dispensing, or | 4 | | servicing of prescription hearing aids
instruments " means
the | 5 | | measurement of human hearing with an
audiometer, calibrated to
| 6 | | the current American National Standard Institute standards, | 7 | | for the
purpose of prescribing hearing aids and making | 8 | | selections, recommendations, adaptions, services, or sales of
| 9 | | hearing aids instruments including the making of earmolds as a | 10 | | part of the hearing
aid instrument .
| 11 | | "Sell" or "sale" means any transfer of title or of the | 12 | | right to use
by lease, bailment, or any other contract, | 13 | | excluding wholesale transactions
with distributors or dealers.
| 14 | | "Hearing instrument dispenser" means a person who
is a | 15 | | hearing instrument care professional that engages
in the | 16 | | selling,
practice of fitting, selecting, recommending, | 17 | | dispensing, prescribing, or servicing
of prescription hearing | 18 | | aids instruments or the testing for means of hearing
aid | 19 | | instrument selection or who
advertises or displays a sign or | 20 | | represents himself or herself as a person
who
practices the | 21 | | testing, fitting, selecting, servicing, dispensing,
| 22 | | prescribing, or selling of prescription hearing aids | 23 | | instruments .
| 24 | | "Fund" means the Hearing Instrument Dispenser Examining
| 25 | | and Disciplinary Fund.
| 26 | | "Hearing instrument care professional" means a person who |
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| 1 | | is a licensed
audiologist, a licensed hearing instrument | 2 | | dispenser, or a licensed
physician.
| 3 | | "Over-the-counter hearing aid" means any instrument or | 4 | | device that: | 5 | | (1) uses the same fundamental scientific technology as | 6 | | air conduction hearing aids, as defined in 21 CFR | 7 | | 874.3300, or wireless air conduction hearing aids, as | 8 | | defined in 21 CFR 874.3305; | 9 | | (2) is intended to be used by adults age 18 and older | 10 | | to compensate for perceived mild to moderate hearing | 11 | | impairment; | 12 | | (3) through tools, tests, or software, allows the user | 13 | | to control the over-the-counter hearing aid and customize | 14 | | it to the user's hearing needs; | 15 | | (4) may use wireless technology or include tests for | 16 | | self-assessment of hearing loss; and | 17 | | (5) is available over-the-counter, without the | 18 | | supervision, prescription, or other order, involvement, or | 19 | | intervention of a licensed person, to consumers through | 20 | | in-person transactions, by mail, or online. | 21 | | "Over-the-counter hearing aid" does not include batteries, | 22 | | cords, and individual or group auditory training devices or | 23 | | any instrument or device used by a public utility in providing | 24 | | telephone or other communication services. | 25 | | "Personal sound amplification product" means an | 26 | | amplification device, as defined by the Food and Drug |
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| 1 | | Administration or the Federal Trade Commission, that is not | 2 | | labeled as a hearing aid and is not intended to treat hearing | 3 | | loss. | 4 | | "Prescribe" means an order for a prescription hearing aid | 5 | | issued by a licensed hearing instrument professional. | 6 | | "Prescription hearing aid" means any wearable instrument | 7 | | or device designed, intended, or offered for the purpose of | 8 | | improving a person's hearing that may only be obtained with | 9 | | the involvement of a licensed hearing instrument professional. | 10 | | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .)
| 11 | | (225 ILCS 50/4) (from Ch. 111, par. 7404)
| 12 | | (Section scheduled to be repealed on January 1, 2026)
| 13 | | Sec. 4. Disclosure; waiver; complaints; insurance. The | 14 | | hearing
instrument professional dispenser shall give at no | 15 | | charge to every person fitted
and sold a hearing aid | 16 | | instrument the "User Instructional Brochure",
supplied by the | 17 | | hearing aid instrument manufacturer containing
information | 18 | | required by
the U.S. Food and Drug Administration.
| 19 | | All hearing instruments or hearing aids must be dispensed | 20 | | or sold in accordance with Food and Drug Administration and | 21 | | Federal Trade Commission regulations governing the dispensing | 22 | | and sale of personal sound amplification products or hearing | 23 | | aids. | 24 | | A consumer who purchases an over-the-counter hearing aid | 25 | | must be provided a sales receipt at the time of the |
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| 1 | | transaction. | 2 | | Whenever a sale or service of one or more prescription | 3 | | hearing aids instrument involving $50
or more is made or | 4 | | contracted to be made, whether under a single contract
or | 5 | | under multiple contracts, at the time of the transaction, the | 6 | | hearing
instrument professional dispenser shall furnish the | 7 | | consumer with a fully
completed receipt or contract pertaining | 8 | | to that transaction, in
substantially the same language as | 9 | | that used in the oral presentation to
the consumer. The | 10 | | receipt or contract
provided to the consumer
shall contain (i) | 11 | | the hearing instrument professional's dispenser's name,
| 12 | | license number, business address, business phone number, and
| 13 | | signature; (ii) the name, address, and signature of the | 14 | | hearing instrument consumer; (iii)
and the name and signature | 15 | | of the purchaser if the
consumer and the purchaser are not the | 16 | | same person ; (iv) the hearing aid instrument
manufacturer's | 17 | | name, and the model and serial numbers; (v) the date of | 18 | | purchase;
and (vi) the
charges required to complete the terms | 19 | | of the sale , which must be fully and clearly
stated. When the | 20 | | hearing aid instrument is delivered to the consumer
or | 21 | | purchaser, the serial number shall be
written on the original | 22 | | receipt or contract and a copy shall be given to the
consumer | 23 | | or purchaser. If a used hearing instrument is sold, the
| 24 | | receipt and the container thereof shall be clearly marked as | 25 | | "used" or
"reconditioned", whichever is applicable, with terms | 26 | | of guarantee, if any.
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| 1 | | All hearing instruments offered for sale must be | 2 | | accompanied
by a 30-business day return privilege. The receipt | 3 | | or contract
provided to the consumer
shall state
that the
| 4 | | consumer has a right to return the hearing instrument for a | 5 | | refund within 30
business
days of the date of delivery. If a | 6 | | nonrefundable dispensing fee or restocking
fee, or both, will | 7 | | be withheld from the consumer in event of return, the terms
| 8 | | must be clearly stated on the receipt or contract provided to | 9 | | the consumer.
| 10 | | A hearing instrument dispenser shall not sell a
hearing | 11 | | instrument unless the prospective
user has presented to the | 12 | | hearing instrument dispenser
a written statement, signed by a | 13 | | licensed physician, which states
that the patient's hearing | 14 | | loss has been medically evaluated and the
patient is | 15 | | considered a candidate for a hearing instrument. The medical
| 16 | | evaluation must have taken place within the 6 months
| 17 | | immediately preceding the
date of the sale of the hearing | 18 | | instrument to the prospective hearing
instrument user.
If the | 19 | | prospective hearing instrument
user is 18 years of age or | 20 | | older, the hearing instrument dispenser
may afford the | 21 | | prospective user an opportunity to waive the medical
| 22 | | evaluation required by this Section, provided that the
hearing | 23 | | instrument dispenser:
| 24 | | (i) Informs the prospective user that the exercise of | 25 | | a waiver
is not in the user's best health interest;
| 26 | | (ii) Does not in any way actively encourage the |
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| 1 | | prospective user to waive
the medical evaluation; and
| 2 | | (iii) Affords the prospective user the option to sign
| 3 | | the following
statement:
| 4 | | "I have been advised by .................(hearing | 5 | | instrument dispenser's name)
that the Food and Drug | 6 | | Administration has determined that my best interest
| 7 | | would be served if I had a medical evaluation
by a | 8 | | licensed physician
(preferably a physician who | 9 | | specializes in diseases of the ear) before
purchasing | 10 | | a hearing instrument. I do not wish a
medical | 11 | | evaluation before purchasing a hearing instrument."
| 12 | | The hearing instrument professional dispenser or the | 13 | | professional's his or her employer shall
retain proof of the | 14 | | medical examination or the waiver for
at least
3
years from the | 15 | | date of the sale.
| 16 | | If the parent or guardian of any individual under the age | 17 | | 17 or under of 18 years is
a member of any church or religious | 18 | | denomination, whose tenets and practices
include reliance upon | 19 | | spiritual means through prayer alone and objects to
medical | 20 | | treatment and so states in writing to the hearing instrument | 21 | | professional dispenser ,
such individual shall undergo a | 22 | | hearing examination as provided by this
Section but no proof, | 23 | | ruling out any medically treatable problem causing
hearing | 24 | | loss, shall be required.
| 25 | | All persons licensed under this Act shall have | 26 | | conspicuously displayed
in their business establishment a sign |
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| 1 | | indicating that formal complaints
regarding hearing aid | 2 | | instrument goods or services may be made to the
Department.
| 3 | | Such sign shall give the address and telephone number of the | 4 | | Department.
All persons purchasing
hearing aids instruments | 5 | | shall be provided with a written statement
indicating that
| 6 | | formal complaints regarding hearing aid instrument goods or | 7 | | services
may be made to
the Department and disclosing the | 8 | | address and telephone
number of the
Department.
| 9 | | Any person wishing to make a complaint, against a hearing | 10 | | instrument
professional dispenser
under this Act, shall file | 11 | | it with the Department within 3 years from the
date of the | 12 | | action upon which the complaint is based. The Department shall
| 13 | | investigate all such complaints.
| 14 | | All persons licensed under this Act shall maintain | 15 | | liability insurance
as set forth by rule and shall be | 16 | | responsible for the annual calibration
of all audiometers in | 17 | | use by such persons. Such annual calibrations shall be
in | 18 | | conformance with the current standards set by American | 19 | | National Standard
Institute.
| 20 | | (Source: P.A. 91-932, eff. 1-1-01 .)
| 21 | | (225 ILCS 50/4.5 new) | 22 | | Sec. 4.5. Hearing aids dispensed by prescription to | 23 | | persons age 17 or younger. | 24 | | (a) A hearing instrument professional may dispense a | 25 | | hearing aid to a person age 17 or younger in accordance with |
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| 1 | | the requirements of this Section. | 2 | | (b) A hearing instrument professional shall not sell a | 3 | | prescription hearing aid to anyone age 17 or younger unless | 4 | | the prospective user has presented to the hearing instrument | 5 | | professional a written statement, signed by a licensed | 6 | | physician, that states that the patient's hearing loss has | 7 | | been medically evaluated and the patient is considered a | 8 | | candidate for a hearing aid. The medical evaluation must have | 9 | | been performed within the 6 months immediately preceding the | 10 | | date of the sale of the hearing aid to the prospective hearing | 11 | | aid user. | 12 | | (c) A person age 17 or younger must be medically evaluated | 13 | | in person by a physician before receiving a prescription for a | 14 | | hearing aid. The evaluation must have been performed within | 15 | | the 6 months immediately preceding the date that the hearing | 16 | | aid is dispensed. | 17 | | (d) Following a medical evaluation by a licensed | 18 | | physician, a licensed audiologist or a licensed physician | 19 | | other than the evaluating physician may prescribe a | 20 | | prescription hearing aid for an individual age 17 or younger. | 21 | | A person age 17 or younger may not waive the medical evaluation | 22 | | or receipt of a prescription from a licensed audiologist or a | 23 | | licensed physician unless the person is replacing a lost or | 24 | | stolen hearing aid that is subject to warranty replacement. | 25 | | (e) A hearing aid prescription for individuals age 17 or | 26 | | younger issued by a licensed audiologist or a licensed |
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| 1 | | physician other than the evaluating physician must include, at | 2 | | a minimum, the following information: | 3 | | (1) name of the patient; | 4 | | (2) documentation of medical evaluation by a | 5 | | physician; | 6 | | (3) date the prescription is issued; | 7 | | (4) expiration date of the prescription, which may not | 8 | | exceed 6 months from the date of issuance; | 9 | | (5) name and license number of the prescribing | 10 | | licensed audiologist or licensed physician; | 11 | | (6) results of the following assessments:
(i) | 12 | | age-appropriate pure-tone air conduction audiometry or | 13 | | results of auditory evoked potential testing, including, | 14 | | but not limited to, auditory brainstem response or | 15 | | otoacoustic emissions testing;
(ii) bone conduction | 16 | | testing, as age appropriate; and
(iii) recorded or live | 17 | | voice speech in quiet, as age appropriate; | 18 | | (7) documentation of type and style of hearing aid; | 19 | | and | 20 | | (8) documentation of medical necessity of the | 21 | | recommended features of a hearing aid. | 22 | | (225 ILCS 50/4.6 new) | 23 | | Sec. 4.6. Prescription hearing aids for persons age 18 or | 24 | | older. | 25 | | (a) A hearing instrument professional may dispense a |
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| 1 | | hearing aid to a person age 18 or older in accordance with the | 2 | | requirements of this Section. | 3 | | (b) A person age 18 or older must be evaluated by a hearing | 4 | | instrument professional in person or via telehealth before | 5 | | receiving a prescription for a hearing aid. A person age 18 or | 6 | | older may not waive evaluation by a hearing instrument | 7 | | professional unless he or she is replacing a lost or stolen | 8 | | hearing aid that is subject to warranty replacement. | 9 | | (c) A hearing instrument professional shall not sell | 10 | | prescription hearing aid to anyone age 18 or older if the | 11 | | prospective user had a negative finding on the Consumer Ear | 12 | | Disease Risk Assessment or a similar standardized assessment. | 13 | | The prospective user who had a negative finding on the | 14 | | Consumer Ear Disease Risk Assessment or similar standardized | 15 | | assessment shall present to the hearing instrument | 16 | | professional a written statement, signed by a licensed | 17 | | physician, which states that the patient's hearing loss has | 18 | | been medically evaluated and the patient is considered a | 19 | | candidate for a prescription hearing aid. The medical | 20 | | evaluation must have been performed within the 12 months | 21 | | immediately preceding the date of the sale of the hearing aid | 22 | | to the prospective hearing aid user. | 23 | | (d) A hearing aid prescription for individuals age 18 or | 24 | | older must include, at a minimum, the following information: | 25 | | (1) name of the patient; | 26 | | (2) date the prescription is issued; |
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| 1 | | (3) expiration date of the prescription, which may not | 2 | | exceed one year from the date of issuance; | 3 | | (4) name and license number of the prescribing hearing | 4 | | instrument professional; | 5 | | (5) results of the following assessments: | 6 | | (A) hearing handicap inventory or similar | 7 | | standardized, evidence-based tool; | 8 | | (B) pure-tone air conduction audiometry; | 9 | | (C) bone conduction testing or consumer ear | 10 | | disease risk assessment or a similar standardized | 11 | | evidence-based tool; | 12 | | (D) recorded speech in quiet, as medically | 13 | | appropriate; | 14 | | (E) recorded speech or digits in noise, as medical | 15 | | appropriate; | 16 | | (6) documentation of type and style of hearing aid; | 17 | | and | 18 | | (7) documentation of medical necessity of the | 19 | | recommended features of a hearing aid.
| 20 | | (225 ILCS 50/5) (from Ch. 111, par. 7405)
| 21 | | (Section scheduled to be repealed on January 1, 2026)
| 22 | | Sec. 5. License required. No person shall engage in the
| 23 | | selling, practice of testing, fitting, selecting, | 24 | | recommending, adapting,
dispensing, or servicing hearing aids | 25 | | instruments or display a sign, advertise, or
represent oneself |
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| 1 | | as a person who practices the fitting or selling of hearing
| 2 | | aids instruments unless such person holds a current license | 3 | | issued by the Department
as provided in this Act. Such person | 4 | | shall be known as a licensed hearing
instrument dispenser. | 5 | | Individuals licensed pursuant to the provisions of
Section 8 | 6 | | of this Act shall be deemed qualified to provide tests of human
| 7 | | hearing and hearing aid instrument evaluations for the purpose | 8 | | of dispensing a
hearing aid instrument for which any State | 9 | | agency may contract. The license shall
be conspicuously | 10 | | displayed in the place of business. Duplicate licenses shall
| 11 | | be issued by the Department to licensees operating more than | 12 | | one office upon
the additional payment set forth in this Act. | 13 | | No hearing aids instrument manufacturer may distribute, sell, | 14 | | or otherwise provide hearing aids instruments to any | 15 | | unlicensed hearing instrument care professional for the | 16 | | purpose of selling hearing aids instruments to the consumer.
| 17 | | Except for violations of the provisions of this Act, or | 18 | | the rules
promulgated under it, nothing in this Act shall | 19 | | prohibit a corporation,
partnership, trust, association, or | 20 | | other entity from engaging in the
business of testing, | 21 | | fitting, servicing, selecting, dispensing, selling, or
| 22 | | offering for sale hearing aid instruments at retail without a | 23 | | license, provided it
employs only licensed individuals in the | 24 | | direct testing, fitting, servicing,
selecting, offering for | 25 | | sale, or dispensing of such products. Each such
corporation, | 26 | | partnership, trust, association, or other entity shall file |
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| 1 | | with
the Department, prior to doing business in this State and | 2 | | by July 1 of each
calendar year thereafter, on forms | 3 | | prescribed by the Department, a list of all
licensed hearing | 4 | | instrument dispensers employed by it and a statement attesting
| 5 | | that it complies with this Act and the rules promulgated under | 6 | | it and the
regulations of the Federal Food and Drug | 7 | | Administration and the Federal Trade
Commission insofar as | 8 | | they are applicable.
| 9 | | (Source: P.A. 99-204, eff. 7-30-15.)
| 10 | | (225 ILCS 50/6) (from Ch. 111, par. 7406)
| 11 | | (Section scheduled to be repealed on January 1, 2026)
| 12 | | Sec. 6. Mail order and Internet sales. Nothing in this Act | 13 | | shall prohibit
a corporation, partnership,
trust, association, | 14 | | or other organization, maintaining an established
business
| 15 | | address, from engaging in the business of selling or offering | 16 | | for sale hearing
aids instruments at retail by mail or by | 17 | | Internet to persons 18 years of age or older
who have not
been | 18 | | examined
by a licensed physician or tested by a licensed | 19 | | hearing instrument
professional dispenser provided that:
| 20 | | (a) The organization is registered by the Department prior
| 21 | | to engaging
in business in this State and has paid the fee set | 22 | | forth in
this
Act.
| 23 | | (b) The organization files with the Department, prior to
| 24 | | registration
and annually thereafter, a Disclosure Statement | 25 | | containing the following:
|
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| 1 | | (1) the name under which the organization is doing or | 2 | | intends to do
business
and the name of any affiliated | 3 | | company which the organization recommends
or will | 4 | | recommend to persons as a supplier of goods or services or | 5 | | in
connection with other business transactions of the | 6 | | organization;
| 7 | | (2) the organization's principal business address and | 8 | | the name and address
of its agent in this State authorized | 9 | | to receive service of process;
| 10 | | (3) the business form of the organization, whether | 11 | | corporate, partnership,
or otherwise and the state or | 12 | | other sovereign power under which the
organization is | 13 | | organized;
| 14 | | (4) the names of the directors or persons performing | 15 | | similar functions
and names and addresses of the chief | 16 | | executive officer, and the financial,
accounting, sales, | 17 | | and other principal executive officers, if the | 18 | | organization
is a corporation, association, or other | 19 | | similar entity; of all general
partners, if the | 20 | | organization is a partnership; and of the owner, if the
| 21 | | organization is a sole proprietorship, together with a | 22 | | statement of the
business background during the past 5 | 23 | | years for each such person;
| 24 | | (5) a statement as to whether the organization or any | 25 | | person identified
in the disclosure statement:
| 26 | | (i) has during the 5-year 5 year period |
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| 1 | | immediately preceding the date of the
disclosure | 2 | | statement been convicted of a felony, pleaded nolo | 3 | | contendere
to a felony charge, or been held liable in a | 4 | | civil action by final judgment,
if such felony or | 5 | | civil action involved fraud, embezzlement, or
| 6 | | misappropriation of property, and a description | 7 | | thereof; or
| 8 | | (ii) is subject to any currently effective | 9 | | injunctive or restrictive
order
as a result of a | 10 | | proceeding or pending action brought by any government | 11 | | agency
or department, and a description thereof; or
| 12 | | (iii) is a defendant in any pending criminal or | 13 | | material civil action
relating to fraud, embezzlement, | 14 | | misappropriation of property or violations
of the | 15 | | antitrust or trade regulation laws of the United | 16 | | States or any state,
and a description thereof; or
| 17 | | (iv) has during the 5-year 5 year period | 18 | | immediately preceding the date of the
disclosure | 19 | | statement had entered against such person or | 20 | | organization a final
judgment in any material civil | 21 | | proceeding, and a description thereof; or
| 22 | | (v) has during the 5-year 5 year period | 23 | | immediately preceding the date of the
disclosure | 24 | | statement been adjudicated a bankrupt or reorganized | 25 | | due to
insolvency or was a principal executive officer | 26 | | or general partner of any
company that has been |
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| 1 | | adjudicated a bankrupt or reorganized due to
| 2 | | insolvency during such 5-year 5 year period, and a | 3 | | description thereof;
| 4 | | (6) the length of time the organization and any | 5 | | predecessor of the
organization has conducted a business | 6 | | dealing with hearing aid instrument goods or services;
| 7 | | (7) a financial statement of the organization
as
of | 8 | | the close of the most recent fiscal year
of the | 9 | | organization. If the financial statement is filed later | 10 | | than 120
days following the close of the fiscal year of the | 11 | | organization it must
be accompanied by a statement of the | 12 | | organization of any material changes
in the financial | 13 | | condition of the organization;
| 14 | | (8) a general description of the business, including | 15 | | without limitation
a description of the goods, training | 16 | | programs, supervision, advertising,
promotion and other | 17 | | services provided by the organization;
| 18 | | (9) a statement of any compensation or other benefit | 19 | | given or promised
to a public figure arising, in whole or | 20 | | in part, from (i) the use of the
public figure in the name | 21 | | or symbol of the organization or (ii) the endorsement
or | 22 | | recommendation of the organization by the public figure in | 23 | | advertisements;
| 24 | | (10) a statement setting forth such additional | 25 | | information and such
comments
and explanations relative to | 26 | | the information contained in the disclosure
statement as |
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| 1 | | the organization may desire to present. | 2 | | (b-5) If a device being sold does not meet the definition | 3 | | of an over-the-counter a hearing aid or a prescription hearing | 4 | | aid, instrument or hearing device as stated in this Act, the | 5 | | organization shall include a disclaimer in all written or | 6 | | electronic promotions. The disclaimer shall include the | 7 | | following language: | 8 | | "This is not a hearing instrument or hearing aid as | 9 | | defined in the Hearing Instrument Consumer Protection Act, | 10 | | but a personal sound amplification product amplifier and | 11 | | not intended to replace a properly fitted and calibrated | 12 | | hearing aid or treat hearing loss instrument .".
| 13 | | (c) The organization files with the Department prior to
| 14 | | registration
and annually thereafter a statement that it | 15 | | complies with
the Act, the rules
issued pursuant to it, and the | 16 | | regulations of the Federal Food and Drug
Administration and | 17 | | the Federal Trade Commission insofar as they are applicable.
| 18 | | (d) The organization files with the Department at the time
| 19 | | of
registration an irrevocable consent to service of process | 20 | | authorizing the
Department and any of its successors to be | 21 | | served any notice, process, or
pleading in any action or | 22 | | proceeding against the organization
arising out
of or in | 23 | | connection with any violation of this Act. Such service shall
| 24 | | have the effect of conferring personal jurisdiction over such | 25 | | organization
in any court of competent jurisdiction.
| 26 | | (e) Before dispensing a hearing aid by mail or over the |
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| 1 | | Internet instrument to a resident
of this State, the | 2 | | organization informs (i) the parent or guardian of a person | 3 | | age 17 or younger that he or she must obtain a prescription | 4 | | issued by a licensed audiologist or licensed physician that | 5 | | meets the requirements of Section 4.5 or (ii) a person age 18 | 6 | | or older that he or she must obtain a prescription issued by a | 7 | | hearing instrument professional that meets the requirements of | 8 | | Section 4.6. the prospective users that they
need the | 9 | | following for proper fitting of a hearing instrument:
| 10 | | (1) the results of an audiogram performed within the | 11 | | past 6 months by a
licensed audiologist or a licensed | 12 | | hearing instrument dispenser; and
| 13 | | (2) an earmold impression obtained from the | 14 | | prospective user and taken by
a licensed hearing | 15 | | instrument dispenser or licensed audiologist.
| 16 | | (f) (Blank). The prospective user receives a medical | 17 | | evaluation or
the organization affords the prospective user an | 18 | | opportunity
to waive the medical
evaluation requirement of | 19 | | Section 4 of this Act and the testing requirement of
| 20 | | subsection (z) of Section 18, provided that
the
organization :
| 21 | | (1) informs the prospective user that the exercise of | 22 | | the waiver is not
in the user's best health interest;
| 23 | | (2) does not in any way actively encourage the | 24 | | prospective user to waive
the medical evaluation or test; | 25 | | and
| 26 | | (3) affords the prospective user the option to sign
|
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| 1 | | the following
statement:
| 2 | | "I have been advised by .......... (hearing | 3 | | instrument
dispenser's name) that
the Food and Drug | 4 | | Administration and the State of Illinois have | 5 | | determined
that my best interest would be served if I | 6 | | had a medical
evaluation by a licensed physician, | 7 | | preferably a physician who
specialized in diseases of
| 8 | | the ear, before purchasing a hearing instrument; or a | 9 | | test by a licensed audiologist or licensed
hearing | 10 | | instrument
dispenser utilizing established procedures | 11 | | and instrumentation in the fitting
of hearing | 12 | | instruments. I do not wish either a medical evaluation
| 13 | | or test before
purchasing a hearing instrument."
| 14 | | (g) Where a sale, lease, or rental of prescription hearing | 15 | | aids are instruments is sold or contracted
to be sold to a | 16 | | consumer by mail order or via the Internet , the consumer may
| 17 | | void the contract or sale by notifying the seller within
45 | 18 | | business days following that day on which the hearing
aids | 19 | | instruments were mailed by the seller to the consumer and by
| 20 | | returning to the seller in its original condition any hearing
| 21 | | aids instrument
delivered to the consumer under the contract | 22 | | or sale.
At the time the hearing aid instrument is
mailed, the | 23 | | seller shall furnish the consumer
with a fully completed | 24 | | receipt or copy of any contract pertaining to the
sale that | 25 | | contains a "Notice of Cancellation" informing the
consumer | 26 | | that he or she
may cancel the sale at any time within 45 |
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| 1 | | business days and
disclosing the
date of the mailing and the | 2 | | name,
address, and telephone number
of the seller. In | 3 | | immediate proximity to the space reserved in the
contract
for | 4 | | the signature of the consumer, or on the front page of the | 5 | | receipt if
a contract is not used, and in bold face type of a | 6 | | minimum size of 10
points, there shall be
a statement in | 7 | | substantially the following form:
| 8 | | "You, the buyer, may cancel this transaction at any | 9 | | time prior to
midnight
of the 45th business day after the | 10 | | date of this transaction. See
the attached
notice of | 11 | | cancellation form for an explanation of this right."
| 12 | | Attached to the receipt or contract shall be a completed | 13 | | form in
duplicate,
captioned "NOTICE OF CANCELLATION" which | 14 | | shall be easily detachable and
which shall contain in at least | 15 | | 10 point bold face type the following
information
and | 16 | | statements in the same language as that used in the contract:
| 17 | | "NOTICE OF CANCELLATION
| 18 | | enter date of transaction
| 19 | | .........................
| 20 | | (DATE)
| 21 | | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | 22 | | OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
| 23 | | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | 24 | | BY YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | 25 | | RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU | 26 | | WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY |
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| 1 | | THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
| 2 | | PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST | 3 | | ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
| 4 | | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN | 5 | | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | 6 | | DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
| 7 | | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | 8 | | AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER | 9 | | WRITTEN NOTICE, OR SEND A TELEGRAM,
TO (name of seller), | 10 | | AT (address of seller's place of business) AND (seller's
| 11 | | telephone number) NO LATER THAN MIDNIGHT OF | 12 | | ...........(date).
| 13 | | I HEREBY CANCEL THIS TRANSACTION.
| 14 | | (Date)............
| 15 | | ..................
| 16 | | (Buyers Signature)"
| 17 | | The written "Notice of Cancellation" may be sent by the | 18 | | consumer
to the
seller to cancel the contract. The 45-day | 19 | | period
does not commence until the consumer is furnished the | 20 | | Notice
of Cancellation
and
the address and phone number at | 21 | | which such notice to the seller can be given.
| 22 | | If the conditions of this Section are met, the seller must | 23 | | return to the
consumer the amount of any payment
made or | 24 | | consideration given under
the contract or for the merchandise | 25 | | less a nonrefundable
restocking fee.
| 26 | | It is an unlawful practice
for a seller to: (1) hold a |
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| 1 | | consumer responsible for any liability or
obligation under any | 2 | | mail order transaction if the consumer claims not to have
| 3 | | received the merchandise unless the merchandise was sent by | 4 | | certified mail or
other delivery method by which the seller is | 5 | | provided with proof of delivery; (2) fail,
before
furnishing | 6 | | copies of the "Notice of Cancellation" to the
consumer, to | 7 | | complete both copies by entering the name of the seller, the
| 8 | | address of the seller's place of business, the seller's | 9 | | telephone number,
the date of the mailing, and the date, not | 10 | | earlier
than the 45th
business
day following the date of the | 11 | | mailing, by which the
consumer may give notice
of | 12 | | cancellation; (3) include in any contract or receipt any
| 13 | | confession of
judgment or any waiver of any of the rights to | 14 | | which the consumer is entitled
under this Section including | 15 | | specifically his right to cancel the
sale in accordance with | 16 | | the provisions of this Section; (4)
misrepresent
in any manner | 17 | | the consumer's right to cancel; (5) use any undue
influence,
| 18 | | coercion, or any other wilful act or representation to | 19 | | interfere with the
consumer's exercise of his rights under | 20 | | this Section; (6) fail or
refuse
to honor any valid notice of
| 21 | | cancellation and return of
merchandise
by a consumer and, | 22 | | within 10
business
days after the receipt of such
notice and | 23 | | merchandise
pertaining to such transaction,
to (i) refund | 24 | | payments made
under
the contract or sale, (ii) return any | 25 | | goods or property traded in, in
substantially as good | 26 | | condition as when received by the person, (iii)
cancel and |
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| 1 | | return any negotiable instrument executed by the consumer in
| 2 | | connection with the contract or sale and take any action | 3 | | necessary or
appropriate to terminate promptly any security | 4 | | interest created in the
transaction; (7) negotiate, transfer, | 5 | | sell, or assign any note or
other
evidence of indebtedness to a | 6 | | finance company or other third party prior to the 50th | 7 | | business day following the day of the
mailing;
or (8) fail to | 8 | | provide the consumer of a hearing aid instrument with written
| 9 | | information stating the name, address, and telephone number of | 10 | | the Department
and informing the consumer that complaints | 11 | | regarding hearing aid instrument goods
or services may be made | 12 | | to the Department.
| 13 | | (h) The organization employs only licensed
hearing
| 14 | | instrument professionals dispensers in the
dispensing of | 15 | | hearing aids instruments and files with the Department,
by
| 16 | | January 1 of
each year, a list of all licensed hearing | 17 | | instrument professionals dispensers
employed by it.
| 18 | | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .)
| 19 | | (225 ILCS 50/7) (from Ch. 111, par. 7407)
| 20 | | (Section scheduled to be repealed on January 1, 2026)
| 21 | | Sec. 7. Exemptions.
| 22 | | (a) The following are exempt from this Act:
| 23 | | (1) Licensed physicians.
This exemption, however, does | 24 | | not apply to a physician's employee or
subcontractor who | 25 | | is not a
physician.
|
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| 1 | | (2) Persons who only repair or manufacture hearing
| 2 | | instruments
and their
accessories for wholesale.
| 3 | | (b) Audiometers
used by persons exempt from this Act to | 4 | | dispense
hearing instruments must meet
the annual calibration | 5 | | requirements and current standards set by the American
| 6 | | National Standards Institute.
| 7 | | (c) Audiologists licensed under the Illinois | 8 | | Speech-Language Pathology
and Audiology Practice Act are | 9 | | exempt from licensure under this Act, but are
otherwise | 10 | | subject to the practices and provisions of this Act.
| 11 | | (d) Hearing aid technicians are exempt from licensure | 12 | | under this Act but are otherwise subject to the practices and | 13 | | provisions of this Act. | 14 | | (Source: P.A. 91-932, eff. 1-1-01 .)
| 15 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
| 16 | | (Section scheduled to be repealed on January 1, 2026)
| 17 | | Sec. 8. Applicant qualifications; examination.
| 18 | | (a) In order to protect persons who are deaf or hard of | 19 | | hearing, the Department
shall authorize or shall conduct an | 20 | | appropriate examination, which may be the International | 21 | | Hearing Society's licensure examination, for persons
who | 22 | | dispense, test, select, recommend, fit, or service hearing
| 23 | | aids instruments . The frequency of holding these examinations | 24 | | shall
be determined by the Department by rule. Those
who | 25 | | successfully pass such an examination shall be issued a |
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| 1 | | license
as a hearing instrument dispenser, which shall be | 2 | | effective for
a 2-year period.
| 3 | | (b) Applicants shall be:
| 4 | | (1) at least 18 years of age;
| 5 | | (2) of good moral character;
| 6 | | (3) the holder of an associate's degree or the | 7 | | equivalent;
| 8 | | (4) free of contagious or infectious disease; and
| 9 | | (5) a citizen or person lawfully present in the United | 10 | | States.
| 11 | | Felony convictions of the applicant and findings against | 12 | | the applicant
involving matters set forth in Sections 17 and | 13 | | 18 shall be considered in
determining moral character, but | 14 | | such a conviction or finding shall not make an
applicant | 15 | | ineligible to register for examination.
| 16 | | (c) Prior to engaging in the practice of prescribing, | 17 | | fitting, dispensing, or servicing
hearing aids instruments , an | 18 | | applicant
shall demonstrate, by means of written
and practical | 19 | | examinations, that such person is qualified to
practice the | 20 | | testing, selecting, recommending, fitting, selling, or
| 21 | | servicing of hearing aids instruments as defined in this
Act. | 22 | | An applicant must obtain a license within 12
months after | 23 | | passing either the written or practical examination, whichever | 24 | | is passed first, or must take and
pass those examinations | 25 | | again in order to be eligible to receive a license.
| 26 | | The Department shall, by rule, determine the conditions |
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| 1 | | under which an
individual is examined.
| 2 | | (d) Proof of having met the minimum requirements of | 3 | | continuing education
as determined by the Board shall be | 4 | | required of all license renewals.
Pursuant to rule, the | 5 | | continuing education requirements may, upon petition to
the | 6 | | Board,
be waived in whole or in part if the hearing instrument | 7 | | dispenser
can demonstrate
that he or she served in the Coast | 8 | | Guard or Armed Forces, had an extreme
hardship, or obtained | 9 | | his or her license by examination or
endorsement within
the | 10 | | preceding renewal period.
| 11 | | (e) Persons applying for an initial
license
must | 12 | | demonstrate having earned, at a minimum, an associate degree | 13 | | or its equivalent from an
accredited institution of higher | 14 | | education that is recognized by the U.S. Department of | 15 | | Education or that meets the U.S. Department of Education | 16 | | equivalency as determined through a National Association of | 17 | | Credential Evaluation Services (NACES) member, and meet the | 18 | | other requirements of
this Section. In addition, the applicant | 19 | | must demonstrate the successful
completion of (1) 12 semester | 20 | | hours or 18 quarter hours of academic undergraduate
course | 21 | | work in an accredited institution consisting of 3 semester | 22 | | hours of
anatomy and physiology of the hearing mechanism, 3 | 23 | | semester hours of
hearing science, 3 semester hours of | 24 | | introduction to audiology, and 3 semester
hours of aural | 25 | | rehabilitation, or the quarter hour equivalent or (2) an | 26 | | equivalent program as determined by the Department that is |
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| 1 | | consistent with the scope of practice of a hearing instrument | 2 | | dispenser as defined in Section 3 of this Act. Persons
| 3 | | licensed before January 1, 2003 who
have a valid license on | 4 | | that date may have their license renewed
without meeting the | 5 | | requirements of this subsection.
| 6 | | (Source: P.A. 102-1030, eff. 5-27-22.)
| 7 | | (225 ILCS 50/9) (from Ch. 111, par. 7409)
| 8 | | (Section scheduled to be repealed on January 1, 2026)
| 9 | | Sec. 9. Areas of examination. The examination required by | 10 | | Section 8
shall be set forth by rule and demonstrate the
| 11 | | applicant's technical qualifications by:
| 12 | | (a) Tests of knowledge in the following areas as they | 13 | | pertain to the
testing, selecting, recommending, fitting,
| 14 | | and selling of hearing aids instruments :
| 15 | | (1) characteristics of sound;
| 16 | | (2) the nature of the ear; and
| 17 | | (3) the function and maintenance of hearing aids | 18 | | instruments .
| 19 | | (b) Practical tests of proficiency in techniques as | 20 | | they
pertain to the fitting of hearing aids instruments | 21 | | shall be prescribed by the Department, set forth by rule, | 22 | | and include candidate qualifications in the following | 23 | | areas:
| 24 | | (1) pure tone audiometry including air conduction | 25 | | testing and bone
conduction testing;
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| 1 | | (2) live voice or recorded voice speech | 2 | | audiometry, including speech
reception,
threshold | 3 | | testing and speech discrimination testing;
| 4 | | (3) masking;
| 5 | | (4) proper selection and adaptation of a hearing | 6 | | instrument;
| 7 | | (5) taking earmold impressions;
| 8 | | (6) proper maintenance procedures; and
| 9 | | (7) a general knowledge of the medical and | 10 | | physical contra-indications
to the use and fitting of | 11 | | a hearing aids instrument .
| 12 | | (c) Knowledge of the general medical and hearing | 13 | | rehabilitation facilities
in the area being served.
| 14 | | (d) Knowledge of the provisions of this Act and the | 15 | | rules promulgated
hereunder.
| 16 | | (Source: P.A. 96-683, eff. 1-1-10 .)
| 17 | | (225 ILCS 50/9.5) | 18 | | (Section scheduled to be repealed on January 1, 2026) | 19 | | Sec. 9.5. Trainees. | 20 | | (a) In order to receive a trainee license, a person must | 21 | | apply to the Department and provide acceptable evidence of his | 22 | | or her completion of the required courses pursuant to | 23 | | subsection (e) of Section 8 of this Act, or its equivalent as | 24 | | determined by the Department. A trainee license expires 12 | 25 | | months from the date of issue and is non-renewable. |
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| 1 | | (b) A trainee shall perform the functions of a hearing | 2 | | instrument dispenser in accordance with the Department rules | 3 | | and only under the direct supervision of a hearing instrument | 4 | | dispenser or audiologist who is licensed in the State. For the | 5 | | purposes of this Section, "direct supervision" means that the | 6 | | licensed hearing instrument dispenser or audiologist shall | 7 | | give final approval to all work performed by the trainee and | 8 | | shall be physically present anytime the trainee has contact | 9 | | with the client. The licensed hearing instrument dispenser or | 10 | | audiologist is responsible for all of the work that is | 11 | | performed by the trainee. | 12 | | (c) The Department may limit the number of trainees that | 13 | | may be under the direct supervision of the same licensed | 14 | | hearing instrument dispenser or licensed audiologist.
| 15 | | (d) The Department may establish a trainee licensing fee | 16 | | by rule. | 17 | | (e) A trainee may be supervised by more than one licensed | 18 | | hearing instrument professional. The trainee must complete a | 19 | | hearing instrument consumer protection program license | 20 | | verification form for each supervising licensed hearing | 21 | | instrument professional. | 22 | | (Source: P.A. 98-827, eff. 1-1-15 .) | 23 | | (225 ILCS 50/12 new) | 24 | | Sec. 12. Hearing aid technicians. | 25 | | (a) Hearing aid technicians may be employed by a hearing |
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| 1 | | instrument professional to assist in the dispensing and | 2 | | servicing of hearing instruments without a license. A hearing | 3 | | aid technician must work under the direct supervision of a | 4 | | licensed hearing instrument professional. | 5 | | (b) The duties of a hearing aid technician are limited to | 6 | | the following: | 7 | | (1) packaging and mailing earmold orders, repaired | 8 | | devices, and manufacturer or lab returns; | 9 | | (2) maintaining an inventory of supplies; | 10 | | (3) performing checks on hearing aids and other | 11 | | amplification devices and equipment; | 12 | | (4) troubleshooting and performing minor repairs to | 13 | | hearing aids, earmolds, and other amplification devices | 14 | | which do not alter the shape, sound characteristics, or | 15 | | performance of the device; | 16 | | (5) cleaning of hearing aids and other amplification | 17 | | devices; | 18 | | (6) performing electroacoustic analysis of hearing | 19 | | aids and other amplification devices; | 20 | | (7) instructing patients in proper use and care of | 21 | | hearing aids and other amplification devices; | 22 | | (8) demonstration of alerting and assistive listening | 23 | | devices; | 24 | | (9) performing infection control duties within the | 25 | | clinic or service; and | 26 | | (10) contacting hearing instrument manufacturers and |
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| 1 | | suppliers regarding status of orders and repairs. | 2 | | (c) The licensed hearing instrument professional is | 3 | | responsible for all services performed by the hearing aid | 4 | | technician under the professional's direct supervision.
| 5 | | (225 ILCS 50/14) (from Ch. 111, par. 7414)
| 6 | | (Section scheduled to be repealed on January 1, 2026)
| 7 | | Sec. 14. Powers and duties of the Department. The powers | 8 | | and duties of
the Department are:
| 9 | | (a) To issue licenses and to administer examinations to | 10 | | applicants , which must be offered at least on a quarterly | 11 | | basis ;
| 12 | | (b) To license persons who are qualified to engage in the | 13 | | testing,
recommending, fitting, selling, and dispensing of | 14 | | hearing instruments;
| 15 | | (c) To provide the equipment and facilities necessary for | 16 | | the examination;
| 17 | | (d) To issue and to renew licenses;
| 18 | | (e) To suspend or revoke licenses or to take such other | 19 | | disciplinary action
as provided in this Act;
| 20 | | (f) To consider all recommendations and requests of the | 21 | | Board and to inform
it of all actions of the Department insofar | 22 | | as hearing instrument dispensers
are concerned, including any | 23 | | instances where the actions of the Department are
contrary to | 24 | | the recommendations of the Board;
| 25 | | (g) To promulgate rules necessary to implement this Act;
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| 1 | | (h) (Blank); and
| 2 | | (i) To conduct such consumer education programs and | 3 | | awareness programs for
persons with a hearing impairment as | 4 | | may be recommended by the Board.
| 5 | | (Source: P.A. 91-932, eff. 1-1-01 .)
| 6 | | (225 ILCS 50/16) (from Ch. 111, par. 7416)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 8 | | Sec. 16. Hearing Instrument Consumer Protection Board. | 9 | | There shall be
established a Hearing Instrument Consumer | 10 | | Protection
Board which shall assist, advise and make | 11 | | recommendations to the Department.
| 12 | | The Board shall consist of 7 6 members who shall be | 13 | | residents of
Illinois.
One shall be a licensed physician who | 14 | | specializes in otology or otolaryngology;
one shall be a | 15 | | member of a consumer-oriented organization concerned with
the | 16 | | deaf or hard of hearing; one shall be from the general public, | 17 | | preferably a
senior citizen; 2 shall be licensed hearing | 18 | | instrument
dispensers who are
National Board Certified
Hearing
| 19 | | Instrument
Specialists; and 2 one shall be a licensed
| 20 | | audiologist. If a
vote of the Board results in a tie, the | 21 | | Director shall cast the deciding
vote.
| 22 | | Members of the Board shall be appointed by the Director | 23 | | after consultation
with appropriate professional organizations | 24 | | and consumer groups.
As soon as practical after the effective | 25 | | date of this amendatory Act of the 103rd General Assembly, the |
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| 1 | | Director shall appoint the members of the Board. The term of | 2 | | office of each shall be 4 years. Before a member's term | 3 | | expires,
the Director shall appoint a successor to assume | 4 | | member's duties at the
expiration of his or her predecessor's | 5 | | term. A vacancy shall be filled by
appointment for the | 6 | | unexpired term. The members shall annually designate
one | 7 | | member as chairman. No member of the Board who has served 2
| 8 | | successive, full terms may be reappointed. The Director may | 9 | | remove
members for good cause.
| 10 | | Members of the Board shall receive reimbursement for | 11 | | actual and necessary
travel and for other expenses, not to | 12 | | exceed the limit established by the
Department.
| 13 | | (Source: P.A. 98-827, eff. 1-1-15 .)
| 14 | | (225 ILCS 50/17) (from Ch. 111, par. 7417)
| 15 | | (Section scheduled to be repealed on January 1, 2026)
| 16 | | Sec. 17. Duties of the Board. The Board shall advise the | 17 | | Department in
all matters relating
to this Act and shall | 18 | | assist as requested by the Director.
| 19 | | The Board shall respond to issues and problems relating to | 20 | | the improvement
of services to the deaf or hard of hearing and | 21 | | shall make such recommendations
as it considers advisable. It | 22 | | shall file an annual report with the Director
and shall meet at | 23 | | least twice a year.
The Board may meet at any time at the call | 24 | | of the chair.
| 25 | | The Board shall recommend specialized education programs |
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| 1 | | for persons wishing
to become licensed as hearing instrument | 2 | | dispensers and shall,
by rule, establish
minimum standards of | 3 | | continuing education required for license
renewal. No more | 4 | | than 5 hours of continuing education credit per year,
however, | 5 | | can be obtained through programs sponsored by hearing | 6 | | instrument
manufacturers. Continuing education credit A | 7 | | minimum of 2 hours of continuing education credit per | 8 | | licensing period must include a minimum of (i) 2 hours be | 9 | | obtained in Illinois law and ethics , (ii) one hour in sexual | 10 | | harassment prevention training, and (iii) one hour in implicit | 11 | | bias awareness . Continuing education offered by a college, | 12 | | university, or bar association, the International Hearing | 13 | | Society, the American Academy of Audiology, the American | 14 | | Speech-Language-Hearing Association, the Illinois | 15 | | Speech-Language-Hearing Association, the Illinois Academy of | 16 | | Audiology, or the Illinois Hearing Society regarding Illinois | 17 | | law and ethics shall be accepted toward satisfaction of the | 18 | | Illinois law and ethics continuing education requirement.
| 19 | | The Board shall hear charges brought by any person against | 20 | | hearing instrument
dispensers and
shall recommend disciplinary | 21 | | action to the Director.
| 22 | | Members of the Board are immune from liability in any | 23 | | action based upon a
licensing proceeding or other act | 24 | | performed in good faith as a member of the
Board.
| 25 | | (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
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| 1 | | (225 ILCS 50/18) (from Ch. 111, par. 7418)
| 2 | | (Section scheduled to be repealed on January 1, 2026)
| 3 | | Sec. 18. Discipline by the Department. The Department may | 4 | | refuse to
issue
or renew a license
or it may revoke, suspend, | 5 | | place on probation, censure, fine, or reprimand
a
licensee for | 6 | | any of the following:
| 7 | | (a) Material misstatement in furnishing information to | 8 | | the Department
or to any other State or federal agency.
| 9 | | (b) Violations of this Act, or the rules promulgated | 10 | | hereunder.
| 11 | | (c) Conviction of any crime under the laws of the | 12 | | United States or any
state or territory thereof which is a | 13 | | felony or misdemeanor, an essential
element of dishonesty, | 14 | | or of any crime which is directly related
to the practice | 15 | | of the profession.
| 16 | | (d) Making any misrepresentation for the purpose of | 17 | | obtaining a license
or renewing a license, including | 18 | | falsification of the
continuing education
requirement.
| 19 | | (e) Professional incompetence.
| 20 | | (f) Malpractice.
| 21 | | (g) Aiding or assisting another person in violating | 22 | | any provision of this
Act or the rules promulgated | 23 | | hereunder.
| 24 | | (h) Failing, within 30 days, to provide
in writing | 25 | | information in response to a written
request made by the | 26 | | Department.
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| 1 | | (i) Engaging in dishonorable, unethical, or | 2 | | unprofessional conduct which
is likely to deceive, | 3 | | defraud, or harm the public.
| 4 | | (j) Knowingly employing, directly or indirectly, any | 5 | | suspended or
unlicensed person to perform any services | 6 | | covered by this Act.
| 7 | | (k) Habitual intoxication or addiction to the use of | 8 | | drugs.
| 9 | | (l) Discipline by another state, the District of | 10 | | Columbia, territory, or
a foreign nation, if at least one | 11 | | of the grounds for the discipline is the
same or | 12 | | substantially equivalent to those set forth herein.
| 13 | | (m) Directly or indirectly giving to or receiving from | 14 | | any person, firm,
corporation, partnership, or association | 15 | | any fee, commission, rebate,
or other
form of compensation | 16 | | for any service not actually rendered. Nothing in this | 17 | | paragraph (m) affects any bona fide independent contractor | 18 | | or employment arrangements among health care | 19 | | professionals, health facilities, health care providers, | 20 | | or other entities, except as otherwise prohibited by law. | 21 | | Any employment arrangements may include provisions for | 22 | | compensation, health insurance, pension, or other | 23 | | employment benefits for the provision of services within | 24 | | the scope of the licensee's practice under this Act. | 25 | | Nothing in this paragraph (m) shall be construed to | 26 | | require an employment arrangement to receive professional |
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| 1 | | fees for services rendered.
| 2 | | (n) A finding by the Board that the licensee, after
| 3 | | having his or her license
placed on probationary status, | 4 | | has violated the terms of probation.
| 5 | | (o) Willfully making or filing false records or | 6 | | reports.
| 7 | | (p) Willfully failing to report an instance of | 8 | | suspected child abuse or
neglect as required by the Abused | 9 | | and Neglected Child Reporting Act.
| 10 | | (q) Physical illness, including, but not limited to, | 11 | | deterioration through
the aging process, or loss of motor | 12 | | skill which results in the inability
to practice the | 13 | | profession with reasonable judgement, skill or safety.
| 14 | | (r) Solicitation of services or products by | 15 | | advertising that is false
or misleading. An advertisement | 16 | | is false or misleading if it:
| 17 | | (1) contains an intentional misrepresentation of | 18 | | fact;
| 19 | | (2) contains a false statement as to the | 20 | | licensee's professional
achievements, education, | 21 | | skills, or qualifications in the hearing instrument
| 22 | | dispensing profession;
| 23 | | (3) makes a partial disclosure of a relevant fact, | 24 | | including:
| 25 | | (i) the advertisement of a discounted price of | 26 | | an item without
identifying in the advertisement |
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| 1 | | or at the location of the item either the
specific | 2 | | product being offered at the discounted price or | 3 | | the usual price of
the item; and
| 4 | | (ii) the advertisement of the price of a | 5 | | specifically identified hearing
instrument if more | 6 | | than one hearing instrument appears in the same
| 7 | | advertisement without an accompanying price;
| 8 | | (4) contains a representation that a product | 9 | | innovation is new when, in
fact, the product was first | 10 | | offered by the manufacturer to the general public
in
| 11 | | this State not less than 12 months before the date of | 12 | | the advertisement;
| 13 | | (5) contains any other representation, statement, | 14 | | or claim that is
inherently misleading or deceptive; | 15 | | or
| 16 | | (6) contains information that the licensee | 17 | | manufactures hearing
instruments at the licensee's | 18 | | office location unless the following statement
| 19 | | includes a statement disclosing that the instruments | 20 | | are manufactured by a
specified manufacturer and | 21 | | assembled by the licensee.
| 22 | | (s) Participating in subterfuge or misrepresentation | 23 | | in the fitting or
servicing of a hearing instrument.
| 24 | | (t) (Blank).
| 25 | | (u) Representing that the service of a licensed | 26 | | physician or
other
health professional will be used
or |
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| 1 | | made available in the fitting, adjustment, maintenance, or | 2 | | repair of
hearing
instruments or hearing aids when that is | 3 | | not true, or using the words "doctor",
"audiologist",
| 4 | | "clinic", "Clinical Audiologist", "Certified Hearing Aid | 5 | | Audiologist",
"State Licensed", "State
Certified", | 6 | | "Hearing Instrument Care Professional", "Licensed Hearing | 7 | | Instrument
Dispenser", "Licensed Hearing Aid
Dispenser", | 8 | | "Board
Certified Hearing Instrument Specialist", "Hearing | 9 | | Instrument Specialist",
"Licensed Audiologist", or
any | 10 | | other
term, abbreviation,
or symbol which would give the | 11 | | impression that service is being provided
by persons who | 12 | | are licensed or awarded a degree or title,
or that an | 13 | | entity utilizes the services of an individual who is | 14 | | licensed or has been awarded a degree or title, or that the | 15 | | person's service who
is holding the license has been | 16 | | recommended by a governmental agency
or health provider, | 17 | | when such is not the case.
| 18 | | (v) Advertising a manufacturer's product or using a
| 19 | | manufacturer's name
or trademark implying a relationship | 20 | | which does not exist.
| 21 | | (w) Directly or indirectly giving or offering
anything | 22 | | of value to any person who advises another in a | 23 | | professional capacity,
as an inducement to influence the | 24 | | purchase of a product sold or offered
for sale by a hearing | 25 | | instrument dispenser or influencing persons
to refrain | 26 | | from
dealing in the products of competitors.
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| 1 | | (x) Conducting business while suffering from a | 2 | | contagious
disease.
| 3 | | (y) Engaging in the fitting or sale of hearing | 4 | | instruments under a name with
fraudulent intent.
| 5 | | (z) Dispensing a hearing instrument to a person who | 6 | | has
not been
given tests
utilizing appropriate established | 7 | | procedures and instrumentation in the
fitting of | 8 | | prescription hearing aids instruments, except where there | 9 | | is the
replacement of a
hearing instrument, of the same | 10 | | make and model within one year of the dispensing of the
| 11 | | original hearing instrument .
| 12 | | (aa) Unavailability or unwillingness to adequately | 13 | | provide for
service
or repair of hearing instruments or | 14 | | hearing aids fitted and sold by the
dispenser.
| 15 | | (bb) Violating the regulations of the Federal Food and | 16 | | Drug
Administration
or the Federal Trade Commission as | 17 | | they affect hearing aids or instruments.
| 18 | | (cc) Violating any provision of the Consumer Fraud and
| 19 | | Deceptive Business
Practices Act.
| 20 | | (dd) Violating the Health Care Worker Self-Referral | 21 | | Act. | 22 | | (ee) Failing to adequately supervise a hearing aid | 23 | | technician or allowing a hearing aid technician to | 24 | | practice beyond the hearing aid technician's training or | 25 | | the duties set forth in Section 12. | 26 | | (ff) Filing a false claim with a third-party payer. |
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| 1 | | The Department, with the approval of the Board, may impose | 2 | | a fine not
to exceed $1,000 plus costs for the first violation | 3 | | and not to
exceed $5,000
plus costs for each subsequent | 4 | | violation of this Act, and the rules
promulgated hereunder, on | 5 | | any person or entity described in this Act.
Such fine may be | 6 | | imposed as an alternative to any other
disciplinary
measure, | 7 | | except for probation.
The imposition by the Department of a | 8 | | fine for any violation does
not bar
the violation from being | 9 | | alleged in subsequent disciplinary
proceedings.
Such fines | 10 | | shall be deposited in the Fund.
| 11 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 12 | | (225 ILCS 50/19) (from Ch. 111, par. 7419)
| 13 | | (Section scheduled to be repealed on January 1, 2026)
| 14 | | Sec. 19. Injunctions; civil penalties.
| 15 | | (a) The practice of prescribing, fitting, dispensing, and | 16 | | servicing hearing
instruments or hearing aids by any person | 17 | | not at that time in possession of a
valid and current
license | 18 | | under this Act is hereby declared to be a Class
A misdemeanor.
| 19 | | The Director of the Department, through
the Attorney General | 20 | | or the State's Attorney of any county, may maintain
an action | 21 | | in the name of the people of the State of Illinois
and may | 22 | | apply
for an injunction in the circuit court to enjoin
such | 23 | | person from engaging
in such practice. Any person may apply | 24 | | for an injunction in the circuit
court to enjoin a person from | 25 | | engaging without a license in practices for which
a license is |
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| 1 | | required under this Act. Upon the filing of a verified | 2 | | petition
in such court, the court, if satisfied by affidavit | 3 | | or otherwise, that such
person has been engaged in such | 4 | | practice without a current license
to do
so, may enter a | 5 | | temporary restraining order without notice or bond, enjoining
| 6 | | the defendant from such further practice. A copy of the | 7 | | verified complaint
shall be served upon the defendant and the | 8 | | proceedings shall thereafter
be conducted as other civil | 9 | | cases. If it is established that the defendant
has been, or is | 10 | | engaged in any unlawful practice, the court may enter an
order | 11 | | or judgment perpetually enjoining the defendant from further | 12 | | such
practice. In all proceedings hereunder, the court, in its | 13 | | discretion, may
apportion the costs among the parties | 14 | | interested in the action, including
cost of filing the | 15 | | complaint, service of process, witness fees and
expenses, | 16 | | court reporter charges and reasonable attorneys fees. In case | 17 | | of
violation of any injunctive order entered pursuant to this | 18 | | Section, the
court , may try and punish the offender for | 19 | | contempt of court. Such
injunctive proceedings shall be in | 20 | | addition to all penalties and other
remedies in this Act. Any | 21 | | such costs that may accrue to the Department
shall be placed in | 22 | | the Fund.
| 23 | | (b) A person who engages in the selling of hearing
| 24 | | instruments or hearing aids or the practice
of
prescribing, | 25 | | fitting, dispensing, or servicing hearing instruments or | 26 | | hearing aids or displays a sign,
advertises,
or represents |
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| 1 | | himself or herself as a person who practices the fitting and
| 2 | | selling of hearing instruments or hearing aids without being | 3 | | licensed or exempt under this Act
shall,
in addition to any | 4 | | other penalty provided by law, pay a civil penalty to the
| 5 | | Department in an amount not to exceed $5,000 for each offense, | 6 | | as determined by
the Department. The civil penalty shall be | 7 | | assessed by the Department after a
hearing is held in | 8 | | accordance with the provisions set forth in this Act
regarding | 9 | | the provision of a hearing for the discipline of a licensee.
| 10 | | (c) The Department may investigate any actual, alleged, or | 11 | | suspected
unlicensed activity.
| 12 | | (d) The civil penalty shall be paid within 60 days after | 13 | | the effective date
of the order imposing the civil penalty. | 14 | | The order shall constitute a judgment
and may be filed and | 15 | | execution had thereon in the same manner as any judgment
from | 16 | | any court of record.
| 17 | | (Source: P.A. 89-72, eff. 12-31-95 .)
| 18 | | (225 ILCS 50/20) (from Ch. 111, par. 7420)
| 19 | | (Section scheduled to be repealed on January 1, 2026)
| 20 | | Sec. 20. Inactive status. A hearing instrument
dispenser | 21 | | who notifies the Department, on
the prescribed forms, may | 22 | | place his or her license on
inactive status and
shall be exempt | 23 | | from payment of renewal fees until he or she notifies the
| 24 | | Department in writing, of the intention to resume the
practice | 25 | | of testing, fitting, dispensing, selecting, recommending, and
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| 1 | | servicing hearing aids instruments and pays the current | 2 | | renewal fee
and demonstrates compliance with any continuing | 3 | | education that may be required.
However, if such period of | 4 | | inactive status is more than 2 years, the
hearing instrument | 5 | | dispenser shall also provide the Department with
sworn | 6 | | evidence certifying to active practice in another jurisdiction | 7 | | that is
satisfactory to the Department. If such person has not | 8 | | practiced in any
jurisdiction for 2 years or more, he or she | 9 | | shall be required to
restore his or her license by retaking and | 10 | | passing the examinations required
in Section 8. Any hearing | 11 | | instrument
dispenser whose license is on inactive status shall
| 12 | | not practice in Illinois.
| 13 | | (Source: P.A. 89-72, eff. 12-31-95 .)
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2024.".
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