Public Act 099-0204
Public Act 0204 99TH GENERAL ASSEMBLY
|
Public Act 099-0204
| | SB0731 Enrolled | LRB099 05939 MLM 25988 b |
|
| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Regulatory Sunset Act is amended by changing | Section 4.26 and by adding Section 4.36 as follows:
| (5 ILCS 80/4.26)
| Sec. 4.26. Acts repealed on January 1, 2016. The following | Acts are repealed on January 1, 2016: | The Illinois Athletic Trainers Practice Act.
| The Illinois Roofing Industry Licensing Act.
| The Illinois Dental Practice Act.
| The Collection Agency Act.
| The Barber, Cosmetology, Esthetics, Hair Braiding, and | Nail Technology Act of 1985.
| The Respiratory Care Practice Act.
| The Hearing Instrument Consumer Protection Act.
| The Illinois Physical Therapy Act.
| The Professional Geologist Licensing Act. | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 96-1246, eff. 1-1-11.)
| (5 ILCS 80/4.36 new) | Sec. 4.36. Act repealed on January 1, 2026. The following |
| Act is repealed on January 1, 2026: | The Hearing Instrument Consumer Protection Act.
| Section 10. The Hearing Instrument Consumer Protection Act | is amended by changing Sections 5, 8, 15, and 17 as follows:
| (225 ILCS 50/5) (from Ch. 111, par. 7405)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 5. License required. No person shall engage in the
| selling, practice of testing, fitting, selecting, | recommending, adapting,
dispensing, or servicing hearing | instruments or display a sign, advertise, or
represent oneself | as a person who practices the fitting or selling of hearing
| instruments unless such person holds a current license issued | by the Department
as provided in this Act. Such person shall be | known as a licensed hearing
instrument dispenser. Individuals | licensed pursuant to the provisions of
Section 8 of this Act | shall be deemed qualified to provide tests of human
hearing and | hearing instrument evaluations for the purpose of dispensing a
| hearing instrument for which any State agency may contract. The | license shall
be conspicuously displayed in the place of | business. Duplicate licenses shall
be issued by the Department | to licensees operating more than one office upon
the additional | payment set forth in this Act. No hearing instrument | manufacturer may distribute, sell, or otherwise provide | hearing instruments to any unlicensed hearing care |
| professional for the purpose of selling hearing instruments to | the consumer.
| Except for violations of the provisions of this Act, or the | rules
promulgated under it, nothing in this Act shall prohibit | a corporation,
partnership, trust, association, or other | entity from engaging in the
business of testing, fitting, | servicing, selecting, dispensing, selling, or
offering for | sale hearing instruments at retail without a license, provided | it
employs only licensed individuals in the direct testing, | fitting, servicing,
selecting, offering for sale, or | dispensing of such products. Each such
corporation, | partnership, trust, association, or other entity shall file | with
the Department, prior to doing business in this State and | by July 1 of each
calendar year thereafter, on forms prescribed | by the Department, a list of all
licensed hearing instrument | dispensers employed by it and a statement attesting
that it | complies with this Act and the rules promulgated under it and | the
regulations of the Federal Food and Drug Administration and | the Federal Trade
Commission insofar as they are applicable.
| (Source: P.A. 89-72, eff. 12-31-95; 90-655, eff. 7-30-98.)
| (225 ILCS 50/8) (from Ch. 111, par. 7408)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 8. Applicant qualifications; examination.
| (a) In order to protect persons who are deaf or hard of | hearing, the Department
shall authorize or shall conduct an |
| appropriate examination, which may be the International | Hearing Society's licensure examination, for persons
who | dispense, test, select, recommend, fit, or service hearing
| instruments. The frequency of holding these examinations shall
| be determined by the Department by rule. Those
who successfully | pass such an examination shall be issued a license
as a hearing | instrument dispenser, which shall be effective for
a 2-year | period.
| (b) Applicants shall be:
| (1) at least 18 years of age;
| (2) of good moral character;
| (3) the holder of an associate's degree or the | equivalent;
| (4) free of contagious or infectious disease; and
| (5) a citizen or person who has the status as a legal | alien.
| Felony convictions of the applicant and findings against | the applicant
involving matters set forth in Sections 17 and 18 | shall be considered in
determining moral character, but such a | conviction or finding shall not make an
applicant ineligible to | register for examination.
| (c) Prior to engaging in the practice of fitting, | dispensing, or servicing
hearing instruments, an applicant
| shall demonstrate, by means of written
and practical | examinations, that such person is qualified to
practice the | testing, selecting, recommending, fitting, selling, or
|
| servicing of hearing instruments as defined in this
Act. An | applicant must obtain a license within 12
months after passing | either the written or practical examination, whichever is | passed first, or must take and
pass those examinations again in | order to be eligible to receive a license.
| The Department shall, by rule, determine the conditions | under which an
individual is examined.
| (d) Proof of having met the minimum requirements of | continuing education
as determined by the Board shall be | required of all license renewals.
Pursuant to rule, the | continuing education requirements may, upon petition to
the | Board,
be waived in whole or in part if the hearing instrument | dispenser
can demonstrate
that he or she served in the Coast | Guard or Armed Forces, had an extreme
hardship, or obtained his | or her license by examination or
endorsement within
the | preceding renewal period.
| (e) Persons applying for an initial
license
must | demonstrate having earned, at a minimum, an associate degree or | its equivalent from an
accredited institution of higher | education that is recognized by the U.S. Department of | Education or that meets the U.S. Department of Education | equivalency as determined through a National Association of | Credential Evaluation Services (NACES) member, and meet the | other requirements of
this Section. In addition, the applicant | must demonstrate the successful
completion of 12 semester hours | or 18 quarter hours of academic undergraduate
course work in an |
| accredited institution consisting of 3 semester hours of
| anatomy and physiology of the speech and hearing mechanism, 3 | semester hours of
hearing science, 3 semester hours of | introduction to audiology, and 3 semester
hours of aural | rehabilitation, or the quarter hour equivalent. Persons
| licensed before January 1, 2003 who
have a valid license on | that date may have their license renewed
without meeting the | requirements of this subsection.
| (Source: P.A. 98-827, eff. 1-1-15.)
| (225 ILCS 50/15) (from Ch. 111, par. 7415)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 15. Fees.
| (a) The examination and licensure fees paid to the | Department are not refundable and shall be set forth by | administrative rule. The Department may require a fee for the | administration of the examination in addition to examination | and licensure fees.
| (b) The moneys received as fees and fines by the Department
| under this Act shall be deposited in the Hearing Instrument
| Dispenser Examining
and Disciplinary Fund, which is hereby | created as a
special fund in the
State Treasury, and shall be | used only for the administration and
enforcement of this Act,
| including: (1) costs directly related to licensing of persons | under
this Act; and (2) by the Board in the exercise
of its | powers and performance of its duties, and such use shall be |
| made
by the Department with full consideration of all | recommendations of the Board.
| All moneys deposited in the Fund shall be appropriated to | the Department
for expenses of the Department and the Board in | the administration and
enforcement of this Act.
| Moneys in the Fund may
be invested and reinvested, with all | earnings deposited in the
Fund and used for the purposes set | forth in this Act.
| Upon the completion of any audit of the Department as | prescribed by the
Illinois State Auditing Act, which audit | shall include an audit of the Fund,
the Department
shall make a | copy of the audit open to inspection by any interested person,
| which copy shall be submitted to the Department by the Auditor | General, in
addition to the copies of audit reports required to | be submitted to other
State officers and agencies by Section | 3-14 of the Illinois State Auditing Act.
| (Source: P.A. 96-683, eff. 1-1-10.)
| (225 ILCS 50/17) (from Ch. 111, par. 7417)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 17. Duties of the Board. The Board shall advise the | Department in
all matters relating
to this Act and shall assist | as requested by the Director.
| The Board shall respond to issues and problems relating to | the improvement
of services to the deaf or hard of hearing and | shall make such recommendations
as it considers advisable. It |
| shall file an annual report with the Director
and shall meet at | least twice a year.
The Board may meet at any time at the call | of the chair.
| The Board shall recommend specialized education programs | for persons wishing
to become licensed as hearing instrument | dispensers and shall,
by rule, establish
minimum standards of | continuing education required for license
renewal. No more than | 5 hours of continuing education credit per year,
however, can | be obtained through programs sponsored by hearing instrument
| manufacturers. A minimum of 2 hours of continuing education | credit per licensing period must be obtained in Illinois law | and ethics. Continuing education offered by a college, | university, or bar association, the International Hearing | Society, the American Academy of Audiology, the American | Speech-Language-Hearing Association, the Illinois | Speech-Language-Hearing Association, the Illinois Academy of | Audiology, or the Illinois Hearing Society regarding Illinois | law and ethics shall be accepted toward satisfaction of the | Illinois law and ethics continuing education requirement.
| The Board shall hear charges brought by any person against | hearing instrument
dispensers and
shall recommend disciplinary | action to the Director.
| Members of the Board are immune from liability in any | action based upon a
licensing proceeding or other act performed | in good faith as a member of the
Board.
| (Source: P.A. 98-827, eff. 1-1-15.)
|
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/30/2015
|
Translate
