SB2615 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2615

 

Introduced 10/24/2023, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 50/3  from Ch. 111, par. 7403
225 ILCS 50/4  from Ch. 111, par. 7404
225 ILCS 50/4.6
225 ILCS 50/5  from Ch. 111, par. 7405
225 ILCS 50/6  from Ch. 111, par. 7406
225 ILCS 50/9  from Ch. 111, par. 7409

    Amends the Hearing Instrument Consumer Protection Act. Requires all hearing instruments offered for sale to be accompanied by a 30-business day return privilege. Requires the receipt or contract provided to the consumer to state that the consumer has a right to return the hearing instrument for a refund within 30 business days of the date of delivery. Provides that if a nonrefundable dispensing fee or restocking fee, or both, will be withheld from the consumer in event of return, the terms must be clearly stated on the receipt or contract provided to the consumer. Defines terms. Makes technical changes. Effective January 1, 2024.


LRB103 34891 MXP 64758 b

 

 

A BILL FOR

 

SB2615LRB103 34891 MXP 64758 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 Hearing Instrument Consumer Protection Act
5is amended by changing Section 3, 4, 4.6, 5, 6, and 9 as
6follows:
 
7    (225 ILCS 50/3)  (from Ch. 111, par. 7403)
8    (Text of Section before amendment by P.A. 103-495)
9    (Section scheduled to be repealed on January 1, 2026)
10    Sec. 3. Definitions. As used in this Act, except as the
11context requires otherwise:
12    "Department" means the Department of Public Health.
13    "Director" means the Director of the Department of Public
14Health.
15    "License" means a license issued by the State under this
16Act to a hearing instrument dispenser.
17    "Licensed audiologist" means a person licensed as an
18audiologist under the Illinois Speech-Language Pathology and
19Audiology Practice Act.
20    "National Board Certified Hearing Instrument Specialist"
21means a person who has had at least 2 years in practice as a
22licensed hearing instrument dispenser and has been certified
23after qualification by examination by the National Board for

 

 

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1Certification in Hearing Instruments Sciences.
2    "Licensed physician" or "physician" means a physician
3licensed in Illinois to practice medicine in all of its
4branches pursuant to the Medical Practice Act of 1987.
5    "Trainee" means a person who is licensed to perform the
6functions of a hearing instrument dispenser in accordance with
7the Department rules and only under the direct supervision of
8a hearing instrument dispenser or audiologist who is licensed
9in the State.
10    "Board" means the Hearing Instrument Consumer Protection
11Board.
12    "Hearing instrument" or "hearing aid" means any wearable
13instrument or device designed for or offered for the purpose
14of aiding or compensating for impaired human hearing and that
15can provide more than 15 dB full on gain via a 2cc coupler at
16any single frequency from 200 through 6000 cycles per second,
17and any parts, attachments, or accessories, including ear
18molds. "Hearing instrument" or "hearing aid" do not include
19batteries, cords, or group auditory training devices and any
20instrument or device used by a public utility in providing
21telephone or other communication services are excluded.
22    "Practice of fitting, dispensing, or servicing of hearing
23instruments" means the measurement of human hearing with an
24audiometer, calibrated to the current American National
25Standard Institute standards, for the purpose of making
26selections, recommendations, adaptions, services, or sales of

 

 

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1hearing instruments including the making of earmolds as a part
2of the hearing instrument.
3    "Sell" or "sale" means any transfer of title or of the
4right to use by lease, bailment, or any other contract,
5excluding wholesale transactions with distributors or dealers.
6    "Hearing instrument dispenser" means a person who is a
7hearing care professional that engages in the selling,
8practice of fitting, selecting, recommending, dispensing, or
9servicing of hearing instruments or the testing for means of
10hearing instrument selection or who advertises or displays a
11sign or represents himself or herself as a person who
12practices the testing, fitting, selecting, servicing,
13dispensing, or selling of hearing instruments.
14    "Fund" means the Hearing Instrument Dispenser Examining
15and Disciplinary Fund.
16    "Hearing care professional" means a person who is a
17licensed audiologist, a licensed hearing instrument dispenser,
18or a licensed physician.
19(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
20    (Text of Section after amendment by P.A. 103-495)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 3. Definitions. As used in this Act, except as the
23context requires otherwise:
24    "Department" means the Department of Public Health.
25    "Director" means the Director of the Department of Public

 

 

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1Health.
2    "Direct supervision" means the final approval given by the
3licensed hearing instrument professional to all work performed
4by the person under supervision and that the licensed hearing
5instrument professional is physically present in the facility
6any time the person under supervision has contact with a
7client. "Direct supervision" does not mean that the licensed
8hearing instrument professional is in the same room when the
9person under supervision has contact with the client.
10    "Federal Trade Commission" means the United States federal
11agency which regulates business practices and commerce.
12    "Food and Drug Administration" means the United States
13federal agency which regulates hearing instruments or hearing
14aids as medical devices.
15    "License" means a license issued by the State under this
16Act to a hearing instrument dispenser.
17    "Licensed audiologist" means a person licensed as an
18audiologist under the Illinois Speech-Language Pathology and
19Audiology Practice Act and who can prescribe hearing aids in
20accordance with this Act.
21    "National Board Certified Hearing Instrument Specialist"
22means a person who has had at least 2 years in practice as a
23licensed hearing instrument dispenser and has been certified
24after qualification by examination by the National Board for
25Certification in Hearing Instruments Sciences.
26    "Licensed physician" or "physician" means a physician

 

 

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1licensed in Illinois to practice medicine in all of its
2branches pursuant to the Medical Practice Act of 1987.
3    "Trainee" means a person who is licensed to perform the
4functions of a hearing instrument dispenser or audiologist in
5accordance with the Department rules and only under the direct
6supervision of a hearing instrument dispenser or audiologist
7who is licensed in the State.
8    "Board" means the Hearing Instrument Consumer Protection
9Board.
10    "Hearing instrument" or "hearing aid" means any instrument
11or device, including an instrument or device dispensed
12pursuant to a prescription, that is designed, intended, or
13offered for the purpose of improving a person's hearing and
14any parts, attachments, or accessories, including earmolds.
15"Hearing instrument" or "hearing aid" does not include
16batteries, cords, and individual or group auditory training
17devices and any instrument or device used by a public utility
18in providing telephone or other communication services.
19    "Involvement of a licensed hearing professional person"
20refers to the supervision supervisor, prescription or other
21order, involvement, or interaction by a licensed hearing
22instrument professional.
23    "Practice of prescribing, fitting, dispensing, or
24servicing of prescription hearing aids" means the measurement
25of human hearing with an audiometer, calibrated to the current
26American National Standard Institute standards, for the

 

 

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1purpose of prescribing hearing aids and making selections,
2recommendations, adaptions, services, or sales of hearing aids
3including the making of earmolds as a part of the hearing aid.
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 professional that engages in the selling,
9practice of fitting, selecting, recommending, dispensing,
10prescribing, or servicing of prescription hearing aids or the
11testing for means of hearing aid selection or who advertises
12or displays a sign or represents himself or herself as a person
13who practices the testing, fitting, selecting, servicing,
14dispensing, prescribing, or selling of prescription hearing
15aids.
16    "Fund" means the Hearing Instrument Dispenser Examining
17and Disciplinary Fund.
18    "Hearing instrument professional" means a person who is a
19licensed audiologist, a licensed hearing instrument dispenser,
20or a licensed physician.
21    "Over-the-counter hearing aid" means any instrument or
22device that:
23        (1) uses the same fundamental scientific technology as
24    air conduction hearing aids, as defined in 21 CFR
25    874.3300, or wireless air conduction hearing aids, as
26    defined in 21 CFR 874.3305;

 

 

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

 

 

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1the involvement of a licensed hearing instrument professional.
2(Source: P.A. 103-495, eff. 1-1-24.)
 
3    (225 ILCS 50/4)  (from Ch. 111, par. 7404)
4    (Text of Section before amendment by P.A. 103-495)
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 instrument the "User
9Instructional Brochure", supplied by the hearing instrument
10manufacturer containing information required by the U.S. Food
11and Drug Administration.
12    Whenever a sale or service of one or more hearing
13instrument involving $50 or more is made or contracted to be
14made, whether under a single contract or under multiple
15contracts, at the time of the transaction, the hearing
16instrument dispenser shall furnish the consumer with a fully
17completed receipt or contract pertaining to that transaction,
18in substantially the same language as that used in the oral
19presentation to the consumer. The receipt or contract provided
20to the consumer shall contain the dispenser's name, license
21number, business address, business phone number, and
22signature; the name, address, and signature of the hearing
23instrument consumer; and the name and signature of the
24purchaser if the consumer and the purchaser are not the same;
25the hearing instrument manufacturer's name, and the model and

 

 

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

 

 

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

 

 

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

 

 

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1National Standard Institute.
2(Source: P.A. 91-932, eff. 1-1-01.)
 
3    (Text of Section after amendment by P.A. 103-495)
4    (Section scheduled to be repealed on January 1, 2026)
5    Sec. 4. Disclosure; complaints; insurance. The hearing
6instrument professional shall give at no charge to every
7person fitted and sold a hearing aid the "User Instructional
8Brochure", supplied by the hearing aid manufacturer containing
9information required by the U.S. Food and Drug Administration.
10    All hearing instruments or hearing aids must be dispensed
11or sold in accordance with Food and Drug Administration and
12Federal Trade Commission regulations governing the dispensing
13and sale of personal sound amplification products or hearing
14aids.
15    A consumer who purchases an over-the-counter hearing aid
16must be provided a sales receipt at the time of the
17transaction.
18    Whenever a sale of one or more prescription hearing aids
19involving $50 or more is made or contracted to be made, whether
20under a single contract or under multiple contracts, at the
21time of the transaction, the hearing instrument professional
22shall furnish the consumer with a fully completed receipt or
23contract pertaining to that transaction, in substantially the
24same language as that used in the oral presentation to the
25consumer. The receipt or contract provided to the consumer

 

 

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

 

 

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1the consumer. For purposes of this paragraph, "business day"
2means any calendar day except Saturday, Sunday, or a federal
3holiday.
4    If the parent or guardian of any individual age 17 or under
5is a member of any church or religious denomination, whose
6tenets and practices include reliance upon spiritual means
7through prayer alone and objects to medical treatment and so
8states in writing to the hearing instrument professional, such
9individual shall undergo a hearing examination as provided by
10this Section but no proof, ruling out any medically treatable
11problem causing hearing loss, shall be required.
12    All persons licensed under this Act shall have
13conspicuously displayed in their business establishment a sign
14indicating that formal complaints regarding hearing aid goods
15or services may be made to the Department. Such sign shall give
16the address and telephone number of the Department. All
17persons purchasing hearing aids shall be provided with a
18written statement indicating that formal complaints regarding
19hearing aid goods or services may be made to the Department and
20disclosing the address and telephone number of the Department.
21    Any person wishing to make a complaint, against a hearing
22instrument professional under this Act, shall file it with the
23Department within 3 years from the date of the action upon
24which the complaint is based. The Department shall investigate
25all such complaints.
26    All persons licensed under this Act shall maintain

 

 

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1liability insurance as set forth by rule and shall be
2responsible for the annual calibration of all audiometers in
3use by such persons. Such annual calibrations shall be in
4conformance with the current standards set by American
5National Standard Institute.
6(Source: P.A. 103-495, eff. 1-1-24.)
 
7    (225 ILCS 50/4.6)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    (Section scheduled to be repealed on January 1, 2026)
11    Sec. 4.6. Prescription hearing aids for persons age 18 or
12older.
13    (a) A hearing instrument professional may dispense a
14hearing aid to a person age 18 or older in accordance with the
15requirements of this Section.
16    (b) A person age 18 or older must be evaluated by a hearing
17instrument professional in person or via telehealth before
18receiving a prescription for a hearing aid. A person age 18 or
19older may not waive evaluation by a hearing instrument
20professional unless he or she is replacing a lost or stolen
21hearing aid that is subject to warranty replacement.
22    (c) A hearing instrument professional shall not sell
23prescription hearing aid to anyone age 18 or older if the
24prospective user had a negative finding on the Consumer Ear
25Disease Risk Assessment or a similar standardized assessment.

 

 

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

 

 

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1        appropriate;
2            (E) recorded speech or digits in noise, as
3        medically medical appropriate;
4        (6) documentation of type and style of hearing aid;
5    and
6        (7) documentation of medical necessity of the
7    recommended features of a hearing aid.
8(Source: P.A. 103-495, eff. 1-1-24.)
 
9    (225 ILCS 50/5)  (from Ch. 111, par. 7405)
10    (Text of Section before amendment by P.A. 103-495)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 5. License required. No person shall engage in the
13selling, practice of testing, fitting, selecting,
14recommending, adapting, dispensing, or servicing hearing
15instruments or display a sign, advertise, or represent oneself
16as a person who practices the fitting or selling of hearing
17instruments unless such person holds a current license issued
18by the Department as provided in this Act. Such person shall be
19known as a licensed hearing instrument dispenser. Individuals
20licensed pursuant to the provisions of Section 8 of this Act
21shall be deemed qualified to provide tests of human hearing
22and hearing instrument evaluations for the purpose of
23dispensing a hearing instrument for which any State agency may
24contract. The license shall be conspicuously displayed in the
25place of business. Duplicate licenses shall be issued by the

 

 

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

 

 

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1    (Text of Section after amendment by P.A. 103-495)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 5. License required. No person shall engage in the
4selling, practice of testing, fitting, selecting,
5recommending, adapting, dispensing, or servicing hearing aids
6or display a sign, advertise, or represent oneself as a person
7who practices the fitting or selling of hearing aids unless
8such person holds a current license issued by the Department
9as provided in this Act. Such person shall be known as a
10licensed hearing instrument dispenser. Individuals licensed
11pursuant to the provisions of Section 8 of this Act shall be
12deemed qualified to provide tests of human hearing and hearing
13aid evaluations for the purpose of dispensing a hearing aid
14for which any State agency may contract. The license shall be
15conspicuously displayed in the place of business. Duplicate
16licenses shall be issued by the Department to licensees
17operating more than one office upon the additional payment set
18forth in this Act. No hearing aids manufacturer may
19distribute, sell, or otherwise provide hearing aids to any
20unlicensed hearing instrument professional for the purpose of
21selling hearing aids to the consumer.
22    Except for violations of the provisions of this Act, or
23the rules promulgated under it, nothing in this Act shall
24prohibit a corporation, partnership, trust, association, or
25other entity from engaging in the business of testing,
26fitting, servicing, selecting, dispensing, selling, or

 

 

SB2615- 20 -LRB103 34891 MXP 64758 b

1offering for sale hearing aids aid at retail without a
2license, provided it employs only licensed individuals in the
3direct testing, fitting, servicing, selecting, offering for
4sale, or dispensing of such products. Each such corporation,
5partnership, trust, association, or other entity shall file
6with the Department, prior to doing business in this State and
7by July 1 of each calendar year thereafter, on forms
8prescribed by the Department, a list of all licensed hearing
9instrument dispensers employed by it and a statement attesting
10that it complies with this Act and the rules promulgated under
11it and the regulations of the Federal Food and Drug
12Administration and the Federal Trade Commission insofar as
13they are applicable.
14(Source: P.A. 103-495, eff. 1-1-24.)
 
15    (225 ILCS 50/6)  (from Ch. 111, par. 7406)
16    (Text of Section before amendment by P.A. 103-495)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 6. Mail order and Internet sales. Nothing in this Act
19shall prohibit a corporation, partnership, trust, association,
20or other organization, maintaining an established business
21address, from engaging in the business of selling or offering
22for sale hearing instruments at retail by mail or by Internet
23to persons 18 years of age or older who have not been examined
24by a licensed physician or tested by a licensed hearing
25instrument dispenser provided that:

 

 

SB2615- 21 -LRB103 34891 MXP 64758 b

1    (a) The organization is registered by the Department prior
2to engaging in business in this State and has paid the fee set
3forth in this Act.
4    (b) The organization files with the Department, prior to
5registration and annually thereafter, a Disclosure Statement
6containing the following:
7        (1) the name under which the organization is doing or
8    intends to do business and the name of any affiliated
9    company which the organization recommends or will
10    recommend to persons as a supplier of goods or services or
11    in connection with other business transactions of the
12    organization;
13        (2) the organization's principal business address and
14    the name and address of its agent in this State authorized
15    to receive service of process;
16        (3) the business form of the organization, whether
17    corporate, partnership, or otherwise and the state or
18    other sovereign power under which the organization is
19    organized;
20        (4) the names of the directors or persons performing
21    similar functions and names and addresses of the chief
22    executive officer, and the financial, accounting, sales,
23    and other principal executive officers, if the
24    organization is a corporation, association, or other
25    similar entity; of all general partners, if the
26    organization is a partnership; and of the owner, if the

 

 

SB2615- 22 -LRB103 34891 MXP 64758 b

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

 

 

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

 

 

SB2615- 24 -LRB103 34891 MXP 64758 b

1    recommendation of the organization by the public figure in
2    advertisements;
3        (10) a statement setting forth such additional
4    information and such comments and explanations relative to
5    the information contained in the disclosure statement as
6    the organization may desire to present.
7    (b-5) If a device being sold does not meet the definition
8of a hearing instrument or hearing device as stated in this
9Act, the organization shall include a disclaimer in all
10written or electronic promotions. The disclaimer shall include
11the following language:
12        "This is not a hearing instrument or hearing aid as
13    defined in the Hearing Instrument Consumer Protection Act,
14    but a personal amplifier and not intended to replace a
15    properly fitted and calibrated hearing instrument.".
16    (c) The organization files with the Department prior to
17registration and annually thereafter a statement that it
18complies with the Act, the rules issued pursuant to it, and the
19regulations of the Federal Food and Drug Administration and
20the Federal Trade Commission insofar as they are applicable.
21    (d) The organization files with the Department at the time
22of registration an irrevocable consent to service of process
23authorizing the Department and any of its successors to be
24served any notice, process, or pleading in any action or
25proceeding against the organization arising out of or in
26connection with any violation of this Act. Such service shall

 

 

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1have the effect of conferring personal jurisdiction over such
2organization in any court of competent jurisdiction.
3    (e) Before dispensing a hearing instrument to a resident
4of this State, the organization informs the prospective users
5that they need the following for proper fitting of a hearing
6instrument:
7        (1) the results of an audiogram performed within the
8    past 6 months by a licensed audiologist or a licensed
9    hearing instrument dispenser; and
10        (2) an earmold impression obtained from the
11    prospective user and taken by a licensed hearing
12    instrument dispenser or licensed audiologist.
13    (f) The prospective user receives a medical evaluation or
14the organization affords the prospective user an opportunity
15to waive the medical evaluation requirement of Section 4 of
16this Act and the testing requirement of subsection (z) of
17Section 18, provided that the organization:
18        (1) informs the prospective user that the exercise of
19    the waiver is not in the user's best health interest;
20        (2) does not in any way actively encourage the
21    prospective user to waive the medical evaluation or test;
22    and
23        (3) affords the prospective user the option to sign
24    the following statement:
25            "I have been advised by .......... (hearing
26        instrument dispenser's name) that the Food and Drug

 

 

SB2615- 26 -LRB103 34891 MXP 64758 b

1        Administration and the State of Illinois have
2        determined that my best interest would be served if I
3        had a medical evaluation by a licensed physician,
4        preferably a physician who specialized in diseases of
5        the ear, before purchasing a hearing instrument; or a
6        test by a licensed audiologist or licensed hearing
7        instrument dispenser utilizing established procedures
8        and instrumentation in the fitting of hearing
9        instruments. I do not wish either a medical evaluation
10        or test before purchasing a hearing instrument."
11    (g) Where a sale, lease, or rental of hearing instruments
12is sold or contracted to be sold to a consumer by mail order,
13the consumer may void the contract or sale by notifying the
14seller within 45 business days following that day on which the
15hearing instruments were mailed by the seller to the consumer
16and by returning to the seller in its original condition any
17hearing instrument delivered to the consumer under the
18contract or sale. At the time the hearing instrument is
19mailed, the seller shall furnish the consumer with a fully
20completed receipt or copy of any contract pertaining to the
21sale that contains a "Notice of Cancellation" informing the
22consumer that he or she may cancel the sale at any time within
2345 business days and disclosing the date of the mailing and the
24name, address, and telephone number of the seller. In
25immediate proximity to the space reserved in the contract for
26the signature of the consumer, or on the front page of the

 

 

SB2615- 27 -LRB103 34891 MXP 64758 b

1receipt if a contract is not used, and in bold face type of a
2minimum size of 10 points, there shall be a statement in
3substantially the following form:
4        "You, the buyer, may cancel this transaction at any
5    time prior to midnight of the 45th business day after the
6    date of this transaction. See the attached notice of
7    cancellation form for an explanation of this right."
8    Attached to the receipt or contract shall be a completed
9form in duplicate, captioned "NOTICE OF CANCELLATION" which
10shall be easily detachable and which shall contain in at least
1110 point bold face type the following information and
12statements in the same language as that used in the contract:
13
"NOTICE OF CANCELLATION
14
enter date of transaction
15
.........................
16
(DATE)
          
17    YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
18OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
19    IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
20BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
21RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
22WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
23THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
24PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
25ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
26    IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN

 

 

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1SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
2DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
3        TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
4    AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
5    WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
6    AT (address of seller's place of business) AND (seller's
7    telephone number) NO LATER THAN MIDNIGHT OF
8    ...........(date).
9        I HEREBY CANCEL THIS TRANSACTION.
10(Date)............
11..................
12(Buyers Signature)"
13    The written "Notice of Cancellation" may be sent by the
14consumer to the seller to cancel the contract. The 45-day
15period does not commence until the consumer is furnished the
16Notice of Cancellation and the address and phone number at
17which such notice to the seller can be given.
18    If the conditions of this Section are met, the seller must
19return to the consumer the amount of any payment made or
20consideration given under the contract or for the merchandise
21less a nonrefundable restocking fee.
22    It is an unlawful practice for a seller to: (1) hold a
23consumer responsible for any liability or obligation under any
24mail order transaction if the consumer claims not to have
25received the merchandise unless the merchandise was sent by
26certified mail or other delivery method by which the seller is

 

 

SB2615- 29 -LRB103 34891 MXP 64758 b

1provided with proof of delivery; (2) fail, before furnishing
2copies of the "Notice of Cancellation" to the consumer, to
3complete both copies by entering the name of the seller, the
4address of the seller's place of business, the seller's
5telephone number, the date of the mailing, and the date, not
6earlier than the 45th business day following the date of the
7mailing, by which the consumer may give notice of
8cancellation; (3) include in any contract or receipt any
9confession of judgment or any waiver of any of the rights to
10which the consumer is entitled under this Section including
11specifically his right to cancel the sale in accordance with
12the provisions of this Section; (4) misrepresent in any manner
13the consumer's right to cancel; (5) use any undue influence,
14coercion, or any other wilful act or representation to
15interfere with the consumer's exercise of his rights under
16this Section; (6) fail or refuse to honor any valid notice of
17cancellation and return of merchandise by a consumer and,
18within 10 business days after the receipt of such notice and
19merchandise pertaining to such transaction, to (i) refund
20payments made under the contract or sale, (ii) return any
21goods or property traded in, in substantially as good
22condition as when received by the person, (iii) cancel and
23return any negotiable instrument executed by the consumer in
24connection with the contract or sale and take any action
25necessary or appropriate to terminate promptly any security
26interest created in the transaction; (7) negotiate, transfer,

 

 

SB2615- 30 -LRB103 34891 MXP 64758 b

1sell, or assign any note or other evidence of indebtedness to a
2finance company or other third party prior to the 50th
3business day following the day of the mailing; or (8) fail to
4provide the consumer of a hearing instrument with written
5information stating the name, address, and telephone number of
6the Department and informing the consumer that complaints
7regarding hearing instrument goods or services may be made to
8the Department.
9    (h) The organization employs only licensed hearing
10instrument dispensers in the dispensing of hearing instruments
11and files with the Department, by January 1 of each year, a
12list of all licensed hearing instrument dispensers employed by
13it.
14(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
15    (Text of Section after amendment by P.A. 103-495)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 6. Mail order and Internet sales. Nothing in this Act
18shall prohibit a corporation, partnership, trust, association,
19or other organization, maintaining an established business
20address, from engaging in the business of selling or offering
21for sale hearing aids at retail by mail or by Internet to
22persons 18 years of age or older who have not been examined by
23a licensed physician or tested by a licensed hearing
24instrument professional provided that:
25    (a) The organization is registered by the Department prior

 

 

SB2615- 31 -LRB103 34891 MXP 64758 b

1to engaging in business in this State and has paid the fee set
2forth in this Act.
3    (b) The organization files with the Department, prior to
4registration and annually thereafter, a Disclosure Statement
5containing the following:
6        (1) the name under which the organization is doing or
7    intends to do business and the name of any affiliated
8    company which the organization recommends or will
9    recommend to persons as a supplier of goods or services or
10    in connection with other business transactions of the
11    organization;
12        (2) the organization's principal business address and
13    the name and address of its agent in this State authorized
14    to receive service of process;
15        (3) the business form of the organization, whether
16    corporate, partnership, or otherwise and the state or
17    other sovereign power under which the organization is
18    organized;
19        (4) the names of the directors or persons performing
20    similar functions and names and addresses of the chief
21    executive officer, and the financial, accounting, sales,
22    and other principal executive officers, if the
23    organization is a corporation, association, or other
24    similar entity; of all general partners, if the
25    organization is a partnership; and of the owner, if the
26    organization is a sole proprietorship, together with a

 

 

SB2615- 32 -LRB103 34891 MXP 64758 b

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

 

 

SB2615- 33 -LRB103 34891 MXP 64758 b

1        preceding the date of the disclosure statement been
2        adjudicated a bankrupt or reorganized due to
3        insolvency or was a principal executive officer or
4        general partner of any company that has been
5        adjudicated a bankrupt or reorganized due to
6        insolvency during such 5-year period, and a
7        description thereof;
8        (6) the length of time the organization and any
9    predecessor of the organization has conducted a business
10    dealing with hearing aid goods or services;
11        (7) a financial statement of the organization as of
12    the close of the most recent fiscal year of the
13    organization. If the financial statement is filed later
14    than 120 days following the close of the fiscal year of the
15    organization it must be accompanied by a statement of the
16    organization of any material changes in the financial
17    condition of the organization;
18        (8) a general description of the business, including
19    without limitation a description of the goods, training
20    programs, supervision, advertising, promotion and other
21    services provided by the organization;
22        (9) a statement of any compensation or other benefit
23    given or promised to a public figure arising, in whole or
24    in part, from (i) the use of the public figure in the name
25    or symbol of the organization or (ii) the endorsement or
26    recommendation of the organization by the public figure in

 

 

SB2615- 34 -LRB103 34891 MXP 64758 b

1    advertisements;
2        (10) a statement setting forth such additional
3    information and such comments and explanations relative to
4    the information contained in the disclosure statement as
5    the organization may desire to present.
6    (b-5) If a device being sold does not meet the definition
7of an over-the-counter hearing aid or a prescription hearing
8aid, as stated in this Act, the organization shall include a
9disclaimer in all written or electronic promotions. The
10disclaimer shall include the following language:
11        "This is not a hearing instrument or hearing aid as
12    defined in the Hearing Instrument Consumer Protection Act,
13    but a personal sound amplification product and not
14    intended to replace a properly fitted and calibrated
15    hearing aid or treat hearing loss.".
16    (c) The organization files with the Department prior to
17registration and annually thereafter a statement that it
18complies with the Act, the rules issued pursuant to it, and the
19regulations of the Federal Food and Drug Administration and
20the Federal Trade Commission insofar as they are applicable.
21    (d) The organization files with the Department at the time
22of registration an irrevocable consent to service of process
23authorizing the Department and any of its successors to be
24served any notice, process, or pleading in any action or
25proceeding against the organization arising out of or in
26connection with any violation of this Act. Such service shall

 

 

SB2615- 35 -LRB103 34891 MXP 64758 b

1have the effect of conferring personal jurisdiction over such
2organization in any court of competent jurisdiction.
3    (e) Before dispensing a hearing aid by mail or over the
4Internet to a resident of this State, the organization informs
5(i) the parent or guardian of a person age 17 or younger that
6he or she must obtain a prescription issued by a licensed
7audiologist or licensed physician that meets the requirements
8of Section 4.5 or (ii) a person age 18 or older that he or she
9must obtain a prescription issued by a hearing instrument
10professional that meets the requirements of Section 4.6.
11    (f) (Blank).:
12    (g) Where a sale, lease, or rental of prescription hearing
13aids are sold or contracted to be sold to a consumer by mail
14order or via the Internet, the consumer may void the contract
15or sale by notifying the seller within 45 business days
16following that day on which the hearing aids were mailed by the
17seller to the consumer and by returning to the seller in its
18original condition any hearing aids delivered to the consumer
19under the contract or sale. At the time the hearing aid is
20mailed, the seller shall furnish the consumer with a fully
21completed receipt or copy of any contract pertaining to the
22sale that contains a "Notice of Cancellation" informing the
23consumer that he or she may cancel the sale at any time within
2445 business days and disclosing the date of the mailing and the
25name, address, and telephone number of the seller. In
26immediate proximity to the space reserved in the contract for

 

 

SB2615- 36 -LRB103 34891 MXP 64758 b

1the signature of the consumer, or on the front page of the
2receipt if a contract is not used, and in bold face type of a
3minimum size of 10 points, there shall be a statement in
4substantially the following form:
5        "You, the buyer, may cancel this transaction at any
6    time prior to midnight of the 45th business day after the
7    date of this transaction. See the attached notice of
8    cancellation form for an explanation of this right."
9    Attached to the receipt or contract shall be a completed
10form in duplicate, captioned "NOTICE OF CANCELLATION" which
11shall be easily detachable and which shall contain in at least
1210 point bold face type the following information and
13statements in the same language as that used in the contract:
14
"NOTICE OF CANCELLATION
15
enter date of transaction
16
.........................
17
(DATE)
          
18    YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
19OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
20    IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
21BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
22RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
23WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
24THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
25PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
26ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

 

 

SB2615- 37 -LRB103 34891 MXP 64758 b

1    IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN
2SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
3DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
4        TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
5    AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
6    WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
7    AT (address of seller's place of business) AND (seller's
8    telephone number) NO LATER THAN MIDNIGHT OF
9    ...........(date).
10        I HEREBY CANCEL THIS TRANSACTION.
11(Date)............
12..................
13(Buyers Signature)"
14    The written "Notice of Cancellation" may be sent by the
15consumer to the seller to cancel the contract. The 45-day
16period does not commence until the consumer is furnished the
17Notice of Cancellation and the address and phone number at
18which such notice to the seller can be given.
19    If the conditions of this Section are met, the seller must
20return to the consumer the amount of any payment made or
21consideration given under the contract or for the merchandise
22less a nonrefundable restocking fee.
23    It is an unlawful practice for a seller to: (1) hold a
24consumer responsible for any liability or obligation under any
25mail order transaction if the consumer claims not to have
26received the merchandise unless the merchandise was sent by

 

 

SB2615- 38 -LRB103 34891 MXP 64758 b

1certified mail or other delivery method by which the seller is
2provided with proof of delivery; (2) fail, before furnishing
3copies of the "Notice of Cancellation" to the consumer, to
4complete both copies by entering the name of the seller, the
5address of the seller's place of business, the seller's
6telephone number, the date of the mailing, and the date, not
7earlier than the 45th business day following the date of the
8mailing, by which the consumer may give notice of
9cancellation; (3) include in any contract or receipt any
10confession of judgment or any waiver of any of the rights to
11which the consumer is entitled under this Section including
12specifically his right to cancel the sale in accordance with
13the provisions of this Section; (4) misrepresent in any manner
14the consumer's right to cancel; (5) use any undue influence,
15coercion, or any other wilful act or representation to
16interfere with the consumer's exercise of his rights under
17this Section; (6) fail or refuse to honor any valid notice of
18cancellation and return of merchandise by a consumer and,
19within 10 business days after the receipt of such notice and
20merchandise pertaining to such transaction, to (i) refund
21payments made under the contract or sale, (ii) return any
22goods or property traded in, in substantially as good
23condition as when received by the person, (iii) cancel and
24return any negotiable instrument executed by the consumer in
25connection with the contract or sale and take any action
26necessary or appropriate to terminate promptly any security

 

 

SB2615- 39 -LRB103 34891 MXP 64758 b

1interest created in the transaction; (7) negotiate, transfer,
2sell, or assign any note or other evidence of indebtedness to a
3finance company or other third party prior to the 50th
4business day following the day of the mailing; or (8) fail to
5provide the consumer of a hearing aid with written information
6stating the name, address, and telephone number of the
7Department and informing the consumer that complaints
8regarding hearing aid goods or services may be made to the
9Department.
10    (h) The organization employs only licensed hearing
11instrument professionals in the dispensing of hearing aids and
12files with the Department, by January 1 of each year, a list of
13all licensed hearing instrument professionals employed by it.
14(Source: P.A. 103-495, eff. 1-1-24.)
 
15    (225 ILCS 50/9)  (from Ch. 111, par. 7409)
16    (Text of Section before amendment by P.A. 103-495)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 9. Areas of examination. The examination required by
19Section 8 shall be set forth by rule and demonstrate the
20applicant's technical qualifications by:
21        (a) Tests of knowledge in the following areas as they
22    pertain to the testing, selecting, recommending, fitting,
23    and selling of hearing instruments:
24            (1) characteristics of sound;
25            (2) the nature of the ear; and

 

 

SB2615- 40 -LRB103 34891 MXP 64758 b

1            (3) the function and maintenance of hearing
2        instruments.
3        (b) Practical tests of proficiency in techniques as
4    they pertain to the fitting of hearing instruments shall
5    be prescribed by the Department, set forth by rule, and
6    include candidate qualifications in the following areas:
7            (1) pure tone audiometry including air conduction
8        testing and bone conduction testing;
9            (2) live voice or recorded voice speech
10        audiometry, including speech reception, threshold
11        testing and speech discrimination testing;
12            (3) masking;
13            (4) proper selection and adaptation of a hearing
14        instrument;
15            (5) taking earmold impressions;
16            (6) proper maintenance procedures; and
17            (7) a general knowledge of the medical and
18        physical contra-indications to the use and fitting of
19        a hearing instrument.
20        (c) Knowledge of the general medical and hearing
21    rehabilitation facilities in the area being served.
22        (d) Knowledge of the provisions of this Act and the
23    rules promulgated hereunder.
24(Source: P.A. 96-683, eff. 1-1-10.)
 
25    (Text of Section after amendment by P.A. 103-495)

 

 

SB2615- 41 -LRB103 34891 MXP 64758 b

1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 9. Areas of examination. The examination required by
3Section 8 shall be set forth by rule and demonstrate the
4applicant's technical qualifications by:
5        (a) Tests of knowledge in the following areas as they
6    pertain to the testing, selecting, recommending, fitting,
7    and selling of hearing aids:
8            (1) characteristics of sound;
9            (2) the nature of the ear; and
10            (3) the function and maintenance of hearing aids.
11        (b) Practical tests of proficiency in techniques as
12    they pertain to the fitting of hearing aids shall be
13    prescribed by the Department, set forth by rule, and
14    include candidate qualifications in the following areas:
15            (1) pure-tone pure tone audiometry including air
16        conduction testing and bone conduction testing;
17            (2) live voice or recorded voice speech
18        audiometry, including speech reception, threshold
19        testing and speech discrimination testing;
20            (3) masking;
21            (4) proper selection and adaptation of a hearing
22        instrument;
23            (5) taking earmold impressions;
24            (6) proper maintenance procedures; and
25            (7) a general knowledge of the medical and
26        physical contra-indications to the use and fitting of

 

 

SB2615- 42 -LRB103 34891 MXP 64758 b

1        a hearing aid aids.
2        (c) Knowledge of the general medical and hearing
3    rehabilitation facilities in the area being served.
4        (d) Knowledge of the provisions of this Act and the
5    rules promulgated hereunder.
6(Source: P.A. 103-495, eff. 1-1-24.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 99. Effective date. This Act takes effect January
151, 2024.