Public Act 096-0683
 
HB2443 Enrolled LRB096 07726 ASK 17827 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Hearing Instrument Consumer Protection Act
is amended by changing Sections 8, 9, 11, 13, and 15 and by
adding Section 6.1 as follows:
 
    (225 ILCS 50/6.1 new)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 6.1. Reciprocity. The Department shall issue a license
to any hearing instrument dispenser who (i) has a valid license
as a hearing instrument dispenser, or its equivalent, from
another state that has an examination that is comparable to the
examination required under this Act or is provided by the
International Hearing Society, (ii) has completed the specific
academic and training requirements, or their equivalent, under
this Act, (iii) has been actively practicing as a hearing
instrument dispenser for at least 3 months or is certified by
the National Board for Certification in Hearing Instrument
Sciences, and (iv) has paid the required fee.
 
    (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    (Section scheduled to be repealed on January 1, 2016)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 with hearing impairments,
the Department shall authorize or shall conduct an appropriate
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) a high school graduate 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 who fails to obtain a license within 12 months after
passing both the written and practical examinations 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 Beginning January 1, 2003, 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 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. 91-932, eff. 1-1-01; 92-161, eff. 7-25-01.)
 
    (225 ILCS 50/9)  (from Ch. 111, par. 7409)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 9. Areas of examination. The examination required by
Section 8 shall be set forth by rule and demonstrate the
applicant's technical qualifications by:
    (a) Tests of knowledge in the following areas as they
pertain to the testing, selecting, recommending, fitting, and
selling of hearing instruments:
        (1) characteristics of sound;
        (2) the nature of the ear; and
        (3) the function and maintenance of hearing
    instruments.
    (b) Practical tests of proficiency in the following
techniques as they pertain to the fitting of hearing
instruments shall be prescribed by the Department, set forth by
rule, and include candidate qualifications in the following
areas:
        (1) pure tone audiometry including air conduction
    testing and bone conduction testing;
        (2) live voice or recorded voice speech audiometry,
    including speech reception, threshold testing and speech
    discrimination testing;
        (3) masking;
        (4) proper selection and adaptation of a hearing
    instrument;
        (5) Taking earmold impressions;
        (6) Proper maintenance procedures; and
        (7) a general knowledge of the medical and physical
    contra-indications to the use and fitting of a hearing
    instrument.
    (c) Knowledge of the general medical and hearing
rehabilitation facilities in the area being served.
    (d) Knowledge of the provisions of this Act and the rules
promulgated hereunder.
(Source: P.A. 89-72, eff. 12-31-95.)
 
    (225 ILCS 50/11)  (from Ch. 111, par. 7411)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 11. Graduate audiology students. Full-time graduate
students enrolled in a program of audiology in an accredited
college or university may engage in the dispensing of hearing
instruments as a part of an academic a program of audiology
without a license under the supervision of a licensed
audiologist.
    The supervisor and the supervisor's employer shall be
jointly and severally liable for any acts of the student
relating to the practice of fitting or dispensing hearing
instruments as defined in this Act and the rules promulgated
hereunder.
(Source: P.A. 91-932, eff. 1-1-01.)
 
    (225 ILCS 50/13)  (from Ch. 111, par. 7413)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 13. Expiration and renewal of licenses. The expiration
date and renewal period for licenses shall be set by rule. A
hearing instrument dispenser whose license has expired may have
it reinstated within 2 years after the expiration thereof, by
making a renewal application therefor, demonstrating
compliance with all continuing education requirements, and by
paying the required fee. However, any hearing instrument
dispenser whose license expired while: (1) on active duty with
the Armed Forces of the United States, or the State Militia
called into service or training, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
the license renewed, reinstated, or restored without paying any
lapsed renewal fees if, within 2 years after honorable
termination of such service, training, or education, except
under conditions other than honorable, such person shall have
furnished the Department with satisfactory evidence of being so
engaged and that the service, training or education has been
terminated.
    Pursuant to rule, a hearing instrument dispenser whose
license has expired and who has not practiced for at least 2
years may have such license restored by retaking and passing
the examinations as required by Sections 8 and 9 and paying the
required fees.
(Source: P.A. 89-72, eff. 12-31-95.)
 
    (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 following are fees paid
to the Department to be charged and are not refundable and
shall be set forth by administrative rule. :
        (1) The fee for application for a license is $40.
        (2) In addition to the application fee, applicants for
    any examination shall be required to pay, either to the
    Department or to the designated testing service, a fee
    covering the actual cost of the examination. Failure to
    appear for the examination on the scheduled date, at the
    time and place specified, after the applicant's
    application and fee for the examination has been received
    and acknowledged by the Department or the designated
    testing service, shall result in the forfeiture of the fee.
        (3) The fee for a license shall be $115 per 2 year
    licensure period, except that the fee for a license for a
    person obtaining his or her supervised professional
    experience as required by subsection (f) of Section 8 of
    the Illinois Speech-Language Pathology and Audiology
    Practice Act shall be $60 per one year licensure period.
        (4) The fee for the reinstatement of a license which
    has been expired for more than 90 days but less than 2
    years is $50 plus payment of all lapsed renewal and late
    fees.
        (5) The fee for the restoration of a license which has
    been expired for more than 2 years is $100 plus payment of
    all lapsed renewal and late fees.
        (6) The fee for the issuance of a duplicate license,
    for the issuance of a replacement license which has been
    lost or destroyed or for the issuance of a license with a
    change of name or address is $10. No fee is required for
    name and address changes on Department records when no
    duplicate license is issued.
        (7) The fee for a licensee's record for any purpose is
    $10.
        (8) The fee to have the scoring of an examination
    administered by the Department reviewed and verified is
    $10, plus any fee charged by the testing service.
        (9) The fee for a wall license shall be the actual cost
    of such license.
        (10) The fee for a roster of persons licensed as
    hearing instrument dispensers shall be the actual cost of
    such roster.
        (11) The annual fee for any organization registered
    pursuant to Section 6 is $100. Such fee is in addition to
    all other fees imposed under this Act.
        (12) A late fee, which shall be in the same amount as
    the license renewal fee, shall be charged to a dispenser
    whose license renewal fee is received by the Department
    after the expiration date of the license.
        (13) Sponsors of continuing education courses shall
    provide such information as may be required by rule and
    shall pay a fee of $150 per course. However, courses
    certified or approved for continuing education by the
    International Hearing Aid Society, the American Academy of
    Audiology, the Academy of Dispensing Audiologists, the
    American Speech-Language-Hearing Association, or any other
    national organization approved by the Board shall be exempt
    from such fee and compliance with such course filing
    requirements as specified by rule.
    (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. 91-932, eff. 1-1-01.)

Effective Date: 1/1/2010