Illinois General Assembly - Full Text of Public Act 099-0204
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Public Act 099-0204





Public Act 099-0204
SB0731 EnrolledLRB099 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 Acts repealed on January 1, 2016.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Acts are repealed on January 1, 2016: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 Act repealed on January 1, 2026.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Act is repealed on January 1, 2026: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    (Section scheduled to be repealed on January 1, 2016)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
    (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
        (4) free of contagious or infectious disease; and
        (5) a citizen or person who has the status as a legal
    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