| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0576 | |
| 2 | 1 | SB0767 EnrolledLRB103 03222 BMS 48228 b SB0767 Enrolled LRB103 03222 BMS 48228 b | |
| 3 | 2 | SB0767 Enrolled LRB103 03222 BMS 48228 b | |
| 4 | - | AN ACT concerning regulation. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Hearing Instrument Consumer Protection Act | |
| 8 | - | is amended by changing Section 3, 4, 4.6, 5, 6, and 9 as | |
| 9 | - | follows: | |
| 10 | - | (225 ILCS 50/3) (from Ch. 111, par. 7403) | |
| 11 | - | (Text of Section before amendment by P.A. 103-495) | |
| 12 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 13 | - | Sec. 3. Definitions. As used in this Act, except as the | |
| 14 | - | context requires otherwise: | |
| 15 | - | "Department" means the Department of Public Health. | |
| 16 | - | "Director" means the Director of the Department of Public | |
| 17 | - | Health. | |
| 18 | - | "License" means a license issued by the State under this | |
| 19 | - | Act to a hearing instrument dispenser. | |
| 20 | - | "Licensed audiologist" means a person licensed as an | |
| 21 | - | audiologist under the Illinois Speech-Language Pathology and | |
| 22 | - | Audiology Practice Act. | |
| 23 | - | "National Board Certified Hearing Instrument Specialist" | |
| 24 | - | means a person who has had at least 2 years in practice as a | |
| 25 | - | licensed hearing instrument dispenser and has been certified | |
| 26 | - | after qualification by examination by the National Board for | |
| 3 | + | 1 AN ACT concerning regulation. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Hearing Instrument Consumer Protection Act | |
| 7 | + | 5 is amended by changing Section 3, 4, 4.6, 5, 6, and 9 as | |
| 8 | + | 6 follows: | |
| 9 | + | 7 (225 ILCS 50/3) (from Ch. 111, par. 7403) | |
| 10 | + | 8 (Text of Section before amendment by P.A. 103-495) | |
| 11 | + | 9 (Section scheduled to be repealed on January 1, 2026) | |
| 12 | + | 10 Sec. 3. Definitions. As used in this Act, except as the | |
| 13 | + | 11 context requires otherwise: | |
| 14 | + | 12 "Department" means the Department of Public Health. | |
| 15 | + | 13 "Director" means the Director of the Department of Public | |
| 16 | + | 14 Health. | |
| 17 | + | 15 "License" means a license issued by the State under this | |
| 18 | + | 16 Act to a hearing instrument dispenser. | |
| 19 | + | 17 "Licensed audiologist" means a person licensed as an | |
| 20 | + | 18 audiologist under the Illinois Speech-Language Pathology and | |
| 21 | + | 19 Audiology Practice Act. | |
| 22 | + | 20 "National Board Certified Hearing Instrument Specialist" | |
| 23 | + | 21 means a person who has had at least 2 years in practice as a | |
| 24 | + | 22 licensed hearing instrument dispenser and has been certified | |
| 25 | + | 23 after qualification by examination by the National Board for | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | SB0767 Enrolled LRB103 03222 BMS 48228 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | Certification in Hearing Instruments Sciences. | |
| 34 | - | "Licensed physician" or "physician" means a physician | |
| 35 | - | licensed in Illinois to practice medicine in all of its | |
| 36 | - | branches pursuant to the Medical Practice Act of 1987. | |
| 37 | - | "Trainee" means a person who is licensed to perform the | |
| 38 | - | functions of a hearing instrument dispenser in accordance with | |
| 39 | - | the Department rules and only under the direct supervision of | |
| 40 | - | a hearing instrument dispenser or audiologist who is licensed | |
| 41 | - | in the State. | |
| 42 | - | "Board" means the Hearing Instrument Consumer Protection | |
| 43 | - | Board. | |
| 44 | - | "Hearing instrument" or "hearing aid" means any wearable | |
| 45 | - | instrument or device designed for or offered for the purpose | |
| 46 | - | of aiding or compensating for impaired human hearing and that | |
| 47 | - | can provide more than 15 dB full on gain via a 2cc coupler at | |
| 48 | - | any single frequency from 200 through 6000 cycles per second, | |
| 49 | - | and any parts, attachments, or accessories, including ear | |
| 50 | - | molds. "Hearing instrument" or "hearing aid" do not include | |
| 51 | - | batteries, cords, or group auditory training devices and any | |
| 52 | - | instrument or device used by a public utility in providing | |
| 53 | - | telephone or other communication services are excluded. | |
| 54 | - | "Practice of fitting, dispensing, or servicing of hearing | |
| 55 | - | instruments" means the measurement of human hearing with an | |
| 56 | - | audiometer, calibrated to the current American National | |
| 57 | - | Standard Institute standards, for the purpose of making | |
| 58 | - | selections, recommendations, adaptions, services, or sales of | |
| 32 | + | SB0767 Enrolled- 2 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 2 - LRB103 03222 BMS 48228 b | |
| 33 | + | SB0767 Enrolled - 2 - LRB103 03222 BMS 48228 b | |
| 34 | + | 1 Certification in Hearing Instruments Sciences. | |
| 35 | + | 2 "Licensed physician" or "physician" means a physician | |
| 36 | + | 3 licensed in Illinois to practice medicine in all of its | |
| 37 | + | 4 branches pursuant to the Medical Practice Act of 1987. | |
| 38 | + | 5 "Trainee" means a person who is licensed to perform the | |
| 39 | + | 6 functions of a hearing instrument dispenser in accordance with | |
| 40 | + | 7 the Department rules and only under the direct supervision of | |
| 41 | + | 8 a hearing instrument dispenser or audiologist who is licensed | |
| 42 | + | 9 in the State. | |
| 43 | + | 10 "Board" means the Hearing Instrument Consumer Protection | |
| 44 | + | 11 Board. | |
| 45 | + | 12 "Hearing instrument" or "hearing aid" means any wearable | |
| 46 | + | 13 instrument or device designed for or offered for the purpose | |
| 47 | + | 14 of aiding or compensating for impaired human hearing and that | |
| 48 | + | 15 can provide more than 15 dB full on gain via a 2cc coupler at | |
| 49 | + | 16 any single frequency from 200 through 6000 cycles per second, | |
| 50 | + | 17 and any parts, attachments, or accessories, including ear | |
| 51 | + | 18 molds. "Hearing instrument" or "hearing aid" do not include | |
| 52 | + | 19 batteries, cords, or group auditory training devices and any | |
| 53 | + | 20 instrument or device used by a public utility in providing | |
| 54 | + | 21 telephone or other communication services are excluded. | |
| 55 | + | 22 "Practice of fitting, dispensing, or servicing of hearing | |
| 56 | + | 23 instruments" means the measurement of human hearing with an | |
| 57 | + | 24 audiometer, calibrated to the current American National | |
| 58 | + | 25 Standard Institute standards, for the purpose of making | |
| 59 | + | 26 selections, recommendations, adaptions, services, or sales of | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | hearing instruments including the making of earmolds as a part | |
| 62 | - | of the hearing instrument. | |
| 63 | - | "Sell" or "sale" means any transfer of title or of the | |
| 64 | - | right to use by lease, bailment, or any other contract, | |
| 65 | - | excluding wholesale transactions with distributors or dealers. | |
| 66 | - | "Hearing instrument dispenser" means a person who is a | |
| 67 | - | hearing care professional that engages in the selling, | |
| 68 | - | practice of fitting, selecting, recommending, dispensing, or | |
| 69 | - | servicing of hearing instruments or the testing for means of | |
| 70 | - | hearing instrument selection or who advertises or displays a | |
| 71 | - | sign or represents himself or herself as a person who | |
| 72 | - | practices the testing, fitting, selecting, servicing, | |
| 73 | - | dispensing, or selling of hearing instruments. | |
| 74 | - | "Fund" means the Hearing Instrument Dispenser Examining | |
| 75 | - | and Disciplinary Fund. | |
| 76 | - | "Hearing care professional" means a person who is a | |
| 77 | - | licensed audiologist, a licensed hearing instrument dispenser, | |
| 78 | - | or a licensed physician. | |
| 79 | - | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.) | |
| 80 | - | (Text of Section after amendment by P.A. 103-495) | |
| 81 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 82 | - | Sec. 3. Definitions. As used in this Act, except as the | |
| 83 | - | context requires otherwise: | |
| 84 | - | "Department" means the Department of Public Health. | |
| 85 | - | "Director" means the Director of the Department of Public | |
| 86 | 62 | ||
| 87 | 63 | ||
| 88 | - | Health. | |
| 89 | - | "Direct supervision" means the final approval given by the | |
| 90 | - | licensed hearing instrument professional to all work performed | |
| 91 | - | by the person under supervision and that the licensed hearing | |
| 92 | - | instrument professional is physically present in the facility | |
| 93 | - | any time the person under supervision has contact with a | |
| 94 | - | client. "Direct supervision" does not mean that the licensed | |
| 95 | - | hearing instrument professional is in the same room when the | |
| 96 | - | person under supervision has contact with the client. | |
| 97 | - | "Federal Trade Commission" means the United States federal | |
| 98 | - | agency which regulates business practices and commerce. | |
| 99 | - | "Food and Drug Administration" means the United States | |
| 100 | - | federal agency which regulates hearing instruments or hearing | |
| 101 | - | aids as medical devices. | |
| 102 | - | "License" means a license issued by the State under this | |
| 103 | - | Act to a hearing instrument dispenser. | |
| 104 | - | "Licensed audiologist" means a person licensed as an | |
| 105 | - | audiologist under the Illinois Speech-Language Pathology and | |
| 106 | - | Audiology Practice Act and who can prescribe hearing aids in | |
| 107 | - | accordance with this Act. | |
| 108 | - | "National Board Certified Hearing Instrument Specialist" | |
| 109 | - | means a person who has had at least 2 years in practice as a | |
| 110 | - | licensed hearing instrument dispenser and has been certified | |
| 111 | - | after qualification by examination by the National Board for | |
| 112 | - | Certification in Hearing Instruments Sciences. | |
| 113 | - | "Licensed physician" or "physician" means a physician | |
| 64 | + | ||
| 65 | + | SB0767 Enrolled - 2 - LRB103 03222 BMS 48228 b | |
| 114 | 66 | ||
| 115 | 67 | ||
| 116 | - | licensed in Illinois to practice medicine in all of its | |
| 117 | - | branches pursuant to the Medical Practice Act of 1987. | |
| 118 | - | "Trainee" means a person who is licensed to perform the | |
| 119 | - | functions of a hearing instrument dispenser or audiologist in | |
| 120 | - | accordance with the Department rules and only under the direct | |
| 121 | - | supervision of a hearing instrument dispenser or audiologist | |
| 122 | - | who is licensed in the State. | |
| 123 | - | "Board" means the Hearing Instrument Consumer Protection | |
| 124 | - | Board. | |
| 125 | - | "Hearing instrument" or "hearing aid" means any instrument | |
| 126 | - | or device, including an instrument or device dispensed | |
| 127 | - | pursuant to a prescription, that is designed, intended, or | |
| 128 | - | offered for the purpose of improving a person's hearing and | |
| 129 | - | any parts, attachments, or accessories, including earmolds. | |
| 130 | - | "Hearing instrument" or "hearing aid" does not include | |
| 131 | - | batteries, cords, and individual or group auditory training | |
| 132 | - | devices and any instrument or device used by a public utility | |
| 133 | - | in providing telephone or other communication services. | |
| 134 | - | "Involvement of a licensed hearing professional person" | |
| 135 | - | refers to the supervision supervisor, prescription or other | |
| 136 | - | order, involvement, or interaction by a licensed hearing | |
| 137 | - | instrument professional. | |
| 138 | - | "Practice of prescribing, fitting, dispensing, or | |
| 139 | - | servicing of prescription hearing aids" means the measurement | |
| 140 | - | of human hearing with an audiometer, calibrated to the current | |
| 141 | - | American National Standard Institute standards, for the | |
| 68 | + | SB0767 Enrolled- 3 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 3 - LRB103 03222 BMS 48228 b | |
| 69 | + | SB0767 Enrolled - 3 - LRB103 03222 BMS 48228 b | |
| 70 | + | 1 hearing instruments including the making of earmolds as a part | |
| 71 | + | 2 of the hearing instrument. | |
| 72 | + | 3 "Sell" or "sale" means any transfer of title or of the | |
| 73 | + | 4 right to use by lease, bailment, or any other contract, | |
| 74 | + | 5 excluding wholesale transactions with distributors or dealers. | |
| 75 | + | 6 "Hearing instrument dispenser" means a person who is a | |
| 76 | + | 7 hearing care professional that engages in the selling, | |
| 77 | + | 8 practice of fitting, selecting, recommending, dispensing, or | |
| 78 | + | 9 servicing of hearing instruments or the testing for means of | |
| 79 | + | 10 hearing instrument selection or who advertises or displays a | |
| 80 | + | 11 sign or represents himself or herself as a person who | |
| 81 | + | 12 practices the testing, fitting, selecting, servicing, | |
| 82 | + | 13 dispensing, or selling of hearing instruments. | |
| 83 | + | 14 "Fund" means the Hearing Instrument Dispenser Examining | |
| 84 | + | 15 and Disciplinary Fund. | |
| 85 | + | 16 "Hearing care professional" means a person who is a | |
| 86 | + | 17 licensed audiologist, a licensed hearing instrument dispenser, | |
| 87 | + | 18 or a licensed physician. | |
| 88 | + | 19 (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.) | |
| 89 | + | 20 (Text of Section after amendment by P.A. 103-495) | |
| 90 | + | 21 (Section scheduled to be repealed on January 1, 2026) | |
| 91 | + | 22 Sec. 3. Definitions. As used in this Act, except as the | |
| 92 | + | 23 context requires otherwise: | |
| 93 | + | 24 "Department" means the Department of Public Health. | |
| 94 | + | 25 "Director" means the Director of the Department of Public | |
| 142 | 95 | ||
| 143 | 96 | ||
| 144 | - | purpose of prescribing hearing aids and making selections, | |
| 145 | - | recommendations, adaptions, services, or sales of hearing aids | |
| 146 | - | including the making of earmolds as a part of the hearing aid. | |
| 147 | - | "Sell" or "sale" means any transfer of title or of the | |
| 148 | - | right to use by lease, bailment, or any other contract, | |
| 149 | - | excluding wholesale transactions with distributors or dealers. | |
| 150 | - | "Hearing instrument dispenser" means a person who is a | |
| 151 | - | hearing instrument professional that engages in the selling, | |
| 152 | - | practice of fitting, selecting, recommending, dispensing, | |
| 153 | - | prescribing, or servicing of prescription hearing aids or the | |
| 154 | - | testing for means of hearing aid selection or who advertises | |
| 155 | - | or displays a sign or represents himself or herself as a person | |
| 156 | - | who practices the testing, fitting, selecting, servicing, | |
| 157 | - | dispensing, prescribing, or selling of prescription hearing | |
| 158 | - | aids. | |
| 159 | - | "Fund" means the Hearing Instrument Dispenser Examining | |
| 160 | - | and Disciplinary Fund. | |
| 161 | - | "Hearing instrument professional" means a person who is a | |
| 162 | - | licensed audiologist, a licensed hearing instrument dispenser, | |
| 163 | - | or a licensed physician. | |
| 164 | - | "Over-the-counter hearing aid" means any instrument or | |
| 165 | - | device that: | |
| 166 | - | (1) uses the same fundamental scientific technology as | |
| 167 | - | air conduction hearing aids, as defined in 21 CFR | |
| 168 | - | 874.3300, or wireless air conduction hearing aids, as | |
| 169 | - | defined in 21 CFR 874.3305; | |
| 170 | 97 | ||
| 171 | 98 | ||
| 172 | - | (2) is intended to be used by adults age 18 and older | |
| 173 | - | to compensate for perceived mild to moderate hearing | |
| 174 | - | impairment; | |
| 175 | - | (3) through tools, tests, or software, allows the user | |
| 176 | - | to control the over-the-counter hearing aid and customize | |
| 177 | - | it to the user's hearing needs; | |
| 178 | - | (4) may use wireless technology or include tests for | |
| 179 | - | self-assessment of hearing loss; and | |
| 180 | - | (5) is available over-the-counter, without the | |
| 181 | - | supervision, prescription, or other order, involvement, or | |
| 182 | - | intervention of a licensed person, to consumers through | |
| 183 | - | in-person transactions, by mail, or online. | |
| 184 | - | "Over-the-counter hearing aid" does not include batteries, | |
| 185 | - | cords, and individual or group auditory training devices or | |
| 186 | - | any instrument or device used by a public utility in providing | |
| 187 | - | telephone or other communication services. | |
| 188 | - | "Personal sound amplification product" means an | |
| 189 | - | amplification device, as defined by the Food and Drug | |
| 190 | - | Administration or the Federal Trade Commission, that is not | |
| 191 | - | labeled as a hearing aid and is not intended to treat hearing | |
| 192 | - | loss. | |
| 193 | - | "Prescribe" means an order for a prescription hearing aid | |
| 194 | - | issued by a licensed hearing instrument professional. | |
| 195 | - | "Prescription hearing aid" means any wearable instrument | |
| 196 | - | or device designed, intended, or offered for the purpose of | |
| 197 | - | improving a person's hearing that may only be obtained with | |
| 99 | + | ||
| 100 | + | SB0767 Enrolled - 3 - LRB103 03222 BMS 48228 b | |
| 198 | 101 | ||
| 199 | 102 | ||
| 200 | - | the involvement of a licensed hearing instrument professional. | |
| 201 | - | (Source: P.A. 103-495, eff. 1-1-24.) | |
| 202 | - | (225 ILCS 50/4) (from Ch. 111, par. 7404) | |
| 203 | - | (Text of Section before amendment by P.A. 103-495) | |
| 204 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 205 | - | Sec. 4. Disclosure; waiver; complaints; insurance. The | |
| 206 | - | hearing instrument dispenser shall give at no charge to every | |
| 207 | - | person fitted and sold a hearing instrument the "User | |
| 208 | - | Instructional Brochure", supplied by the hearing instrument | |
| 209 | - | manufacturer containing information required by the U.S. Food | |
| 210 | - | and Drug Administration. | |
| 211 | - | Whenever a sale or service of one or more hearing | |
| 212 | - | instrument involving $50 or more is made or contracted to be | |
| 213 | - | made, whether under a single contract or under multiple | |
| 214 | - | contracts, at the time of the transaction, the hearing | |
| 215 | - | instrument dispenser shall furnish the consumer with a fully | |
| 216 | - | completed receipt or contract pertaining to that transaction, | |
| 217 | - | in substantially the same language as that used in the oral | |
| 218 | - | presentation to the consumer. The receipt or contract provided | |
| 219 | - | to the consumer shall contain the dispenser's name, license | |
| 220 | - | number, business address, business phone number, and | |
| 221 | - | signature; the name, address, and signature of the hearing | |
| 222 | - | instrument consumer; and the name and signature of the | |
| 223 | - | purchaser if the consumer and the purchaser are not the same; | |
| 224 | - | the hearing instrument manufacturer's name, and the model and | |
| 103 | + | SB0767 Enrolled- 4 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 4 - LRB103 03222 BMS 48228 b | |
| 104 | + | SB0767 Enrolled - 4 - LRB103 03222 BMS 48228 b | |
| 105 | + | 1 Health. | |
| 106 | + | 2 "Direct supervision" means the final approval given by the | |
| 107 | + | 3 licensed hearing instrument professional to all work performed | |
| 108 | + | 4 by the person under supervision and that the licensed hearing | |
| 109 | + | 5 instrument professional is physically present in the facility | |
| 110 | + | 6 any time the person under supervision has contact with a | |
| 111 | + | 7 client. "Direct supervision" does not mean that the licensed | |
| 112 | + | 8 hearing instrument professional is in the same room when the | |
| 113 | + | 9 person under supervision has contact with the client. | |
| 114 | + | 10 "Federal Trade Commission" means the United States federal | |
| 115 | + | 11 agency which regulates business practices and commerce. | |
| 116 | + | 12 "Food and Drug Administration" means the United States | |
| 117 | + | 13 federal agency which regulates hearing instruments or hearing | |
| 118 | + | 14 aids as medical devices. | |
| 119 | + | 15 "License" means a license issued by the State under this | |
| 120 | + | 16 Act to a hearing instrument dispenser. | |
| 121 | + | 17 "Licensed audiologist" means a person licensed as an | |
| 122 | + | 18 audiologist under the Illinois Speech-Language Pathology and | |
| 123 | + | 19 Audiology Practice Act and who can prescribe hearing aids in | |
| 124 | + | 20 accordance with this Act. | |
| 125 | + | 21 "National Board Certified Hearing Instrument Specialist" | |
| 126 | + | 22 means a person who has had at least 2 years in practice as a | |
| 127 | + | 23 licensed hearing instrument dispenser and has been certified | |
| 128 | + | 24 after qualification by examination by the National Board for | |
| 129 | + | 25 Certification in Hearing Instruments Sciences. | |
| 130 | + | 26 "Licensed physician" or "physician" means a physician | |
| 225 | 131 | ||
| 226 | 132 | ||
| 227 | - | serial numbers; the date of purchase; and the charges required | |
| 228 | - | to complete the terms of the sale fully and clearly stated. | |
| 229 | - | When the hearing instrument is delivered to the consumer or | |
| 230 | - | purchaser, the serial number shall be written on the original | |
| 231 | - | receipt or contract and a copy shall be given to the consumer | |
| 232 | - | or purchaser. If a used hearing instrument is sold, the | |
| 233 | - | receipt and the container thereof shall be clearly marked as | |
| 234 | - | "used" or "reconditioned", whichever is applicable, with terms | |
| 235 | - | of guarantee, if any. | |
| 236 | - | All hearing instruments offered for sale must be | |
| 237 | - | accompanied by a 30-business day return privilege. The receipt | |
| 238 | - | or contract provided to the consumer shall state that the | |
| 239 | - | consumer has a right to return the hearing instrument for a | |
| 240 | - | refund within 30 business days of the date of delivery. If a | |
| 241 | - | nonrefundable dispensing fee or restocking fee, or both, will | |
| 242 | - | be withheld from the consumer in event of return, the terms | |
| 243 | - | must be clearly stated on the receipt or contract provided to | |
| 244 | - | the consumer. | |
| 245 | - | A hearing instrument dispenser shall not sell a hearing | |
| 246 | - | instrument unless the prospective user has presented to the | |
| 247 | - | hearing instrument dispenser a written statement, signed by a | |
| 248 | - | licensed physician, which states that the patient's hearing | |
| 249 | - | loss has been medically evaluated and the patient is | |
| 250 | - | considered a candidate for a hearing instrument. The medical | |
| 251 | - | evaluation must have taken place within the 6 months | |
| 252 | - | immediately preceding the date of the sale of the hearing | |
| 253 | 133 | ||
| 254 | 134 | ||
| 255 | - | instrument to the prospective hearing instrument user. If the | |
| 256 | - | prospective hearing instrument user is 18 years of age or | |
| 257 | - | older, the hearing instrument dispenser may afford the | |
| 258 | - | prospective user an opportunity to waive the medical | |
| 259 | - | evaluation required by this Section, provided that the hearing | |
| 260 | - | instrument dispenser: | |
| 261 | - | (i) Informs the prospective user that the exercise of | |
| 262 | - | a waiver is not in the user's best health interest; | |
| 263 | - | (ii) Does not in any way actively encourage the | |
| 264 | - | prospective user to waive the medical evaluation; and | |
| 265 | - | (iii) Affords the prospective user the option to sign | |
| 266 | - | the following statement: | |
| 267 | - | "I have been advised by .................(hearing | |
| 268 | - | instrument dispenser's name) that the Food and Drug | |
| 269 | - | Administration has determined that my best interest | |
| 270 | - | would be served if I had a medical evaluation by a | |
| 271 | - | licensed physician (preferably a physician who | |
| 272 | - | specializes in diseases of the ear) before purchasing | |
| 273 | - | a hearing instrument. I do not wish a medical | |
| 274 | - | evaluation before purchasing a hearing instrument." | |
| 275 | - | The hearing instrument dispenser or his or her employer | |
| 276 | - | shall retain proof of the medical examination or the waiver | |
| 277 | - | for at least 3 years from the date of the sale. | |
| 278 | - | If the parent or guardian of any individual under the age | |
| 279 | - | of 18 years is a member of any church or religious | |
| 280 | - | denomination, whose tenets and practices include reliance upon | |
| 135 | + | ||
| 136 | + | SB0767 Enrolled - 4 - LRB103 03222 BMS 48228 b | |
| 281 | 137 | ||
| 282 | 138 | ||
| 283 | - | spiritual means through prayer alone and objects to medical | |
| 284 | - | treatment and so states in writing to the hearing instrument | |
| 285 | - | dispenser, such individual shall undergo a hearing examination | |
| 286 | - | as provided by this Section but no proof, ruling out any | |
| 287 | - | medically treatable problem causing hearing loss, shall be | |
| 288 | - | required. | |
| 289 | - | All persons licensed under this Act shall have | |
| 290 | - | conspicuously displayed in their business establishment a sign | |
| 291 | - | indicating that formal complaints regarding hearing instrument | |
| 292 | - | goods or services may be made to the Department. Such sign | |
| 293 | - | shall give the address and telephone number of the Department. | |
| 294 | - | All persons purchasing hearing instruments shall be provided | |
| 295 | - | with a written statement indicating that formal complaints | |
| 296 | - | regarding hearing instrument goods or services may be made to | |
| 297 | - | the Department and disclosing the address and telephone number | |
| 298 | - | of the Department. | |
| 299 | - | Any person wishing to make a complaint, against a hearing | |
| 300 | - | instrument dispenser under this Act, shall file it with the | |
| 301 | - | Department within 3 years from the date of the action upon | |
| 302 | - | which the complaint is based. The Department shall investigate | |
| 303 | - | all such complaints. | |
| 304 | - | All persons licensed under this Act shall maintain | |
| 305 | - | liability insurance as set forth by rule and shall be | |
| 306 | - | responsible for the annual calibration of all audiometers in | |
| 307 | - | use by such persons. Such annual calibrations shall be in | |
| 308 | - | conformance with the current standards set by American | |
| 139 | + | SB0767 Enrolled- 5 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 5 - LRB103 03222 BMS 48228 b | |
| 140 | + | SB0767 Enrolled - 5 - LRB103 03222 BMS 48228 b | |
| 141 | + | 1 licensed in Illinois to practice medicine in all of its | |
| 142 | + | 2 branches pursuant to the Medical Practice Act of 1987. | |
| 143 | + | 3 "Trainee" means a person who is licensed to perform the | |
| 144 | + | 4 functions of a hearing instrument dispenser or audiologist in | |
| 145 | + | 5 accordance with the Department rules and only under the direct | |
| 146 | + | 6 supervision of a hearing instrument dispenser or audiologist | |
| 147 | + | 7 who is licensed in the State. | |
| 148 | + | 8 "Board" means the Hearing Instrument Consumer Protection | |
| 149 | + | 9 Board. | |
| 150 | + | 10 "Hearing instrument" or "hearing aid" means any instrument | |
| 151 | + | 11 or device, including an instrument or device dispensed | |
| 152 | + | 12 pursuant to a prescription, that is designed, intended, or | |
| 153 | + | 13 offered for the purpose of improving a person's hearing and | |
| 154 | + | 14 any parts, attachments, or accessories, including earmolds. | |
| 155 | + | 15 "Hearing instrument" or "hearing aid" does not include | |
| 156 | + | 16 batteries, cords, and individual or group auditory training | |
| 157 | + | 17 devices and any instrument or device used by a public utility | |
| 158 | + | 18 in providing telephone or other communication services. | |
| 159 | + | 19 "Involvement of a licensed hearing professional person" | |
| 160 | + | 20 refers to the supervision supervisor, prescription or other | |
| 161 | + | 21 order, involvement, or interaction by a licensed hearing | |
| 162 | + | 22 instrument professional. | |
| 163 | + | 23 "Practice of prescribing, fitting, dispensing, or | |
| 164 | + | 24 servicing of prescription hearing aids" means the measurement | |
| 165 | + | 25 of human hearing with an audiometer, calibrated to the current | |
| 166 | + | 26 American National Standard Institute standards, for the | |
| 309 | 167 | ||
| 310 | 168 | ||
| 311 | - | National Standard Institute. | |
| 312 | - | (Source: P.A. 91-932, eff. 1-1-01.) | |
| 313 | - | (Text of Section after amendment by P.A. 103-495) | |
| 314 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 315 | - | Sec. 4. Disclosure; complaints; insurance. The hearing | |
| 316 | - | instrument professional shall give at no charge to every | |
| 317 | - | person fitted and sold a hearing aid the "User Instructional | |
| 318 | - | Brochure", supplied by the hearing aid manufacturer containing | |
| 319 | - | information required by the U.S. Food and Drug Administration. | |
| 320 | - | All hearing instruments or hearing aids must be dispensed | |
| 321 | - | or sold in accordance with Food and Drug Administration and | |
| 322 | - | Federal Trade Commission regulations governing the dispensing | |
| 323 | - | and sale of personal sound amplification products or hearing | |
| 324 | - | aids. | |
| 325 | - | A consumer who purchases an over-the-counter hearing aid | |
| 326 | - | must be provided a sales receipt at the time of the | |
| 327 | - | transaction. | |
| 328 | - | Whenever a sale of one or more prescription hearing aids | |
| 329 | - | involving $50 or more is made or contracted to be made, whether | |
| 330 | - | under a single contract or under multiple contracts, at the | |
| 331 | - | time of the transaction, the hearing instrument professional | |
| 332 | - | shall furnish the consumer with a fully completed receipt or | |
| 333 | - | contract pertaining to that transaction, in substantially the | |
| 334 | - | same language as that used in the oral presentation to the | |
| 335 | - | consumer. The receipt or contract provided to the consumer | |
| 336 | 169 | ||
| 337 | 170 | ||
| 338 | - | shall contain (i) the hearing instrument professional's name, | |
| 339 | - | license number, business address, business phone number, and | |
| 340 | - | signature; (ii) the name, address, and signature of the | |
| 341 | - | hearing instrument consumer; (iii) the name and signature of | |
| 342 | - | the purchaser if the consumer and the purchaser are not the | |
| 343 | - | same person; (iv) the hearing aid manufacturer's name, and the | |
| 344 | - | model and serial numbers; (v) the date of purchase; and (vi) | |
| 345 | - | the charges required to complete the terms of the sale, which | |
| 346 | - | must be fully and clearly stated. When the hearing aid is | |
| 347 | - | delivered to the consumer or purchaser, the serial number | |
| 348 | - | shall be written on the original receipt or contract and a copy | |
| 349 | - | shall be given to the consumer or purchaser. If a used hearing | |
| 350 | - | instrument is sold, the receipt and the container thereof | |
| 351 | - | shall be clearly marked as "used" or "reconditioned", | |
| 352 | - | whichever is applicable, with terms of guarantee, if any. | |
| 353 | - | The hearing instrument professional or the professional's | |
| 354 | - | employer shall retain proof of the medical examination for at | |
| 355 | - | least 3 years from the date of the sale. | |
| 356 | - | All hearing instruments offered for sale must be | |
| 357 | - | accompanied by a 30-business day return privilege. The receipt | |
| 358 | - | or contract provided to the consumer shall state that the | |
| 359 | - | consumer has a right to return the hearing instrument for a | |
| 360 | - | refund within 30 business days of the date of delivery. If a | |
| 361 | - | nonrefundable dispensing fee or restocking fee, or both, will | |
| 362 | - | be withheld from the consumer in event of return, the terms | |
| 363 | - | must be clearly stated on the receipt or contract provided to | |
| 171 | + | ||
| 172 | + | SB0767 Enrolled - 5 - LRB103 03222 BMS 48228 b | |
| 364 | 173 | ||
| 365 | 174 | ||
| 366 | - | the consumer. For purposes of this paragraph, "business day" | |
| 367 | - | means any calendar day except Saturday, Sunday, or a federal | |
| 368 | - | holiday. | |
| 369 | - | If the parent or guardian of any individual age 17 or under | |
| 370 | - | is a member of any church or religious denomination, whose | |
| 371 | - | tenets and practices include reliance upon spiritual means | |
| 372 | - | through prayer alone and objects to medical treatment and so | |
| 373 | - | states in writing to the hearing instrument professional, such | |
| 374 | - | individual shall undergo a hearing examination as provided by | |
| 375 | - | this Section but no proof, ruling out any medically treatable | |
| 376 | - | problem causing hearing loss, shall be required. | |
| 377 | - | All persons licensed under this Act shall have | |
| 378 | - | conspicuously displayed in their business establishment a sign | |
| 379 | - | indicating that formal complaints regarding hearing aid goods | |
| 380 | - | or services may be made to the Department. Such sign shall give | |
| 381 | - | the address and telephone number of the Department. All | |
| 382 | - | persons purchasing hearing aids shall be provided with a | |
| 383 | - | written statement indicating that formal complaints regarding | |
| 384 | - | hearing aid goods or services may be made to the Department and | |
| 385 | - | disclosing the address and telephone number of the Department. | |
| 386 | - | Any person wishing to make a complaint, against a hearing | |
| 387 | - | instrument professional under this Act, shall file it with the | |
| 388 | - | Department within 3 years from the date of the action upon | |
| 389 | - | which the complaint is based. The Department shall investigate | |
| 390 | - | all such complaints. | |
| 391 | - | All persons licensed under this Act shall maintain | |
| 175 | + | SB0767 Enrolled- 6 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 6 - LRB103 03222 BMS 48228 b | |
| 176 | + | SB0767 Enrolled - 6 - LRB103 03222 BMS 48228 b | |
| 177 | + | 1 purpose of prescribing hearing aids and making selections, | |
| 178 | + | 2 recommendations, adaptions, services, or sales of hearing aids | |
| 179 | + | 3 including the making of earmolds as a part of the hearing aid. | |
| 180 | + | 4 "Sell" or "sale" means any transfer of title or of the | |
| 181 | + | 5 right to use by lease, bailment, or any other contract, | |
| 182 | + | 6 excluding wholesale transactions with distributors or dealers. | |
| 183 | + | 7 "Hearing instrument dispenser" means a person who is a | |
| 184 | + | 8 hearing instrument professional that engages in the selling, | |
| 185 | + | 9 practice of fitting, selecting, recommending, dispensing, | |
| 186 | + | 10 prescribing, or servicing of prescription hearing aids or the | |
| 187 | + | 11 testing for means of hearing aid selection or who advertises | |
| 188 | + | 12 or displays a sign or represents himself or herself as a person | |
| 189 | + | 13 who practices the testing, fitting, selecting, servicing, | |
| 190 | + | 14 dispensing, prescribing, or selling of prescription hearing | |
| 191 | + | 15 aids. | |
| 192 | + | 16 "Fund" means the Hearing Instrument Dispenser Examining | |
| 193 | + | 17 and Disciplinary Fund. | |
| 194 | + | 18 "Hearing instrument professional" means a person who is a | |
| 195 | + | 19 licensed audiologist, a licensed hearing instrument dispenser, | |
| 196 | + | 20 or a licensed physician. | |
| 197 | + | 21 "Over-the-counter hearing aid" means any instrument or | |
| 198 | + | 22 device that: | |
| 199 | + | 23 (1) uses the same fundamental scientific technology as | |
| 200 | + | 24 air conduction hearing aids, as defined in 21 CFR | |
| 201 | + | 25 874.3300, or wireless air conduction hearing aids, as | |
| 202 | + | 26 defined in 21 CFR 874.3305; | |
| 392 | 203 | ||
| 393 | 204 | ||
| 394 | - | liability insurance as set forth by rule and shall be | |
| 395 | - | responsible for the annual calibration of all audiometers in | |
| 396 | - | use by such persons. Such annual calibrations shall be in | |
| 397 | - | conformance with the current standards set by American | |
| 398 | - | National Standard Institute. | |
| 399 | - | (Source: P.A. 103-495, eff. 1-1-24.) | |
| 400 | - | (225 ILCS 50/4.6) | |
| 401 | - | (This Section may contain text from a Public Act with a | |
| 402 | - | delayed effective date) | |
| 403 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 404 | - | Sec. 4.6. Prescription hearing aids for persons age 18 or | |
| 405 | - | older. | |
| 406 | - | (a) A hearing instrument professional may dispense a | |
| 407 | - | hearing aid to a person age 18 or older in accordance with the | |
| 408 | - | requirements of this Section. | |
| 409 | - | (b) A person age 18 or older must be evaluated by a hearing | |
| 410 | - | instrument professional in person or via telehealth before | |
| 411 | - | receiving a prescription for a hearing aid. A person age 18 or | |
| 412 | - | older may not waive evaluation by a hearing instrument | |
| 413 | - | professional unless he or she is replacing a lost or stolen | |
| 414 | - | hearing aid that is subject to warranty replacement. | |
| 415 | - | (c) A hearing instrument professional shall not sell | |
| 416 | - | prescription hearing aid to anyone age 18 or older if the | |
| 417 | - | prospective user had a negative finding on the Consumer Ear | |
| 418 | - | Disease Risk Assessment or a similar standardized assessment. | |
| 419 | 205 | ||
| 420 | 206 | ||
| 421 | - | The prospective user who had a negative finding on the | |
| 422 | - | Consumer Ear Disease Risk Assessment or similar standardized | |
| 423 | - | assessment shall present to the hearing instrument | |
| 424 | - | professional a written statement, signed by a licensed | |
| 425 | - | physician, which states that the patient's hearing loss has | |
| 426 | - | been medically evaluated and the patient is considered a | |
| 427 | - | candidate for a prescription hearing aid. The medical | |
| 428 | - | evaluation must have been performed within the 12 months | |
| 429 | - | immediately preceding the date of the sale of the hearing aid | |
| 430 | - | to the prospective hearing aid user. | |
| 431 | - | (d) A hearing aid prescription for individuals age 18 or | |
| 432 | - | older must include, at a minimum, the following information: | |
| 433 | - | (1) name of the patient; | |
| 434 | - | (2) date the prescription is issued; | |
| 435 | - | (3) expiration date of the prescription, which may not | |
| 436 | - | exceed one year from the date of issuance; | |
| 437 | - | (4) name and license number of the prescribing hearing | |
| 438 | - | instrument professional; | |
| 439 | - | (5) results of the following assessments: | |
| 440 | - | (A) hearing handicap inventory or similar | |
| 441 | - | standardized, evidence-based tool; | |
| 442 | - | (B) pure-tone air conduction audiometry; | |
| 443 | - | (C) bone conduction testing or consumer ear | |
| 444 | - | disease risk assessment or a similar standardized | |
| 445 | - | evidence-based tool; | |
| 446 | - | (D) recorded speech in quiet, as medically | |
| 207 | + | ||
| 208 | + | SB0767 Enrolled - 6 - LRB103 03222 BMS 48228 b | |
| 447 | 209 | ||
| 448 | 210 | ||
| 449 | - | appropriate; | |
| 450 | - | (E) recorded speech or digits in noise, as | |
| 451 | - | medically medical appropriate; | |
| 452 | - | (6) documentation of type and style of hearing aid; | |
| 453 | - | and | |
| 454 | - | (7) documentation of medical necessity of the | |
| 455 | - | recommended features of a hearing aid. | |
| 456 | - | (Source: P.A. 103-495, eff. 1-1-24.) | |
| 457 | - | (225 ILCS 50/5) (from Ch. 111, par. 7405) | |
| 458 | - | (Text of Section before amendment by P.A. 103-495) | |
| 459 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 460 | - | Sec. 5. License required. No person shall engage in the | |
| 461 | - | selling, practice of testing, fitting, selecting, | |
| 462 | - | recommending, adapting, dispensing, or servicing hearing | |
| 463 | - | instruments or display a sign, advertise, or represent oneself | |
| 464 | - | as a person who practices the fitting or selling of hearing | |
| 465 | - | instruments unless such person holds a current license issued | |
| 466 | - | by the Department as provided in this Act. Such person shall be | |
| 467 | - | known as a licensed hearing instrument dispenser. Individuals | |
| 468 | - | licensed pursuant to the provisions of Section 8 of this Act | |
| 469 | - | shall be deemed qualified to provide tests of human hearing | |
| 470 | - | and hearing instrument evaluations for the purpose of | |
| 471 | - | dispensing a hearing instrument for which any State agency may | |
| 472 | - | contract. The license shall be conspicuously displayed in the | |
| 473 | - | place of business. Duplicate licenses shall be issued by the | |
| 211 | + | SB0767 Enrolled- 7 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 7 - LRB103 03222 BMS 48228 b | |
| 212 | + | SB0767 Enrolled - 7 - LRB103 03222 BMS 48228 b | |
| 213 | + | 1 (2) is intended to be used by adults age 18 and older | |
| 214 | + | 2 to compensate for perceived mild to moderate hearing | |
| 215 | + | 3 impairment; | |
| 216 | + | 4 (3) through tools, tests, or software, allows the user | |
| 217 | + | 5 to control the over-the-counter hearing aid and customize | |
| 218 | + | 6 it to the user's hearing needs; | |
| 219 | + | 7 (4) may use wireless technology or include tests for | |
| 220 | + | 8 self-assessment of hearing loss; and | |
| 221 | + | 9 (5) is available over-the-counter, without the | |
| 222 | + | 10 supervision, prescription, or other order, involvement, or | |
| 223 | + | 11 intervention of a licensed person, to consumers through | |
| 224 | + | 12 in-person transactions, by mail, or online. | |
| 225 | + | 13 "Over-the-counter hearing aid" does not include batteries, | |
| 226 | + | 14 cords, and individual or group auditory training devices or | |
| 227 | + | 15 any instrument or device used by a public utility in providing | |
| 228 | + | 16 telephone or other communication services. | |
| 229 | + | 17 "Personal sound amplification product" means an | |
| 230 | + | 18 amplification device, as defined by the Food and Drug | |
| 231 | + | 19 Administration or the Federal Trade Commission, that is not | |
| 232 | + | 20 labeled as a hearing aid and is not intended to treat hearing | |
| 233 | + | 21 loss. | |
| 234 | + | 22 "Prescribe" means an order for a prescription hearing aid | |
| 235 | + | 23 issued by a licensed hearing instrument professional. | |
| 236 | + | 24 "Prescription hearing aid" means any wearable instrument | |
| 237 | + | 25 or device designed, intended, or offered for the purpose of | |
| 238 | + | 26 improving a person's hearing that may only be obtained with | |
| 474 | 239 | ||
| 475 | 240 | ||
| 476 | - | Department to licensees operating more than one office upon | |
| 477 | - | the additional payment set forth in this Act. No hearing | |
| 478 | - | instrument manufacturer may distribute, sell, or otherwise | |
| 479 | - | provide hearing instruments to any unlicensed hearing care | |
| 480 | - | professional for the purpose of selling hearing instruments to | |
| 481 | - | the consumer. | |
| 482 | - | Except for violations of the provisions of this Act, or | |
| 483 | - | the rules promulgated under it, nothing in this Act shall | |
| 484 | - | prohibit a corporation, partnership, trust, association, or | |
| 485 | - | other entity from engaging in the business of testing, | |
| 486 | - | fitting, servicing, selecting, dispensing, selling, or | |
| 487 | - | offering for sale hearing instruments at retail without a | |
| 488 | - | license, provided it employs only licensed individuals in the | |
| 489 | - | direct testing, fitting, servicing, selecting, offering for | |
| 490 | - | sale, or dispensing of such products. Each such corporation, | |
| 491 | - | partnership, trust, association, or other entity shall file | |
| 492 | - | with the Department, prior to doing business in this State and | |
| 493 | - | by July 1 of each calendar year thereafter, on forms | |
| 494 | - | prescribed by the Department, a list of all licensed hearing | |
| 495 | - | instrument dispensers employed by it and a statement attesting | |
| 496 | - | that it complies with this Act and the rules promulgated under | |
| 497 | - | it and the regulations of the Federal Food and Drug | |
| 498 | - | Administration and the Federal Trade Commission insofar as | |
| 499 | - | they are applicable. | |
| 500 | - | (Source: P.A. 99-204, eff. 7-30-15.) | |
| 501 | 241 | ||
| 502 | 242 | ||
| 503 | - | (Text of Section after amendment by P.A. 103-495) | |
| 504 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 505 | - | Sec. 5. License required. No person shall engage in the | |
| 506 | - | selling, practice of testing, fitting, selecting, | |
| 507 | - | recommending, adapting, dispensing, or servicing hearing aids | |
| 508 | - | or display a sign, advertise, or represent oneself as a person | |
| 509 | - | who practices the fitting or selling of hearing aids unless | |
| 510 | - | such person holds a current license issued by the Department | |
| 511 | - | as provided in this Act. Such person shall be known as a | |
| 512 | - | licensed hearing instrument dispenser. Individuals licensed | |
| 513 | - | pursuant to the provisions of Section 8 of this Act shall be | |
| 514 | - | deemed qualified to provide tests of human hearing and hearing | |
| 515 | - | aid evaluations for the purpose of dispensing a hearing aid | |
| 516 | - | for which any State agency may contract. The license shall be | |
| 517 | - | conspicuously displayed in the place of business. Duplicate | |
| 518 | - | licenses shall be issued by the Department to licensees | |
| 519 | - | operating more than one office upon the additional payment set | |
| 520 | - | forth in this Act. No hearing aids manufacturer may | |
| 521 | - | distribute, sell, or otherwise provide hearing aids to any | |
| 522 | - | unlicensed hearing instrument professional for the purpose of | |
| 523 | - | selling hearing aids to the consumer. | |
| 524 | - | Except for violations of the provisions of this Act, or | |
| 525 | - | the rules promulgated under it, nothing in this Act shall | |
| 526 | - | prohibit a corporation, partnership, trust, association, or | |
| 527 | - | other entity from engaging in the business of testing, | |
| 528 | - | fitting, servicing, selecting, dispensing, selling, or | |
| 243 | + | ||
| 244 | + | SB0767 Enrolled - 7 - LRB103 03222 BMS 48228 b | |
| 529 | 245 | ||
| 530 | 246 | ||
| 531 | - | offering for sale hearing aids aid at retail without a | |
| 532 | - | license, provided it employs only licensed individuals in the | |
| 533 | - | direct testing, fitting, servicing, selecting, offering for | |
| 534 | - | sale, or dispensing of such products. Each such corporation, | |
| 535 | - | partnership, trust, association, or other entity shall file | |
| 536 | - | with the Department, prior to doing business in this State and | |
| 537 | - | by July 1 of each calendar year thereafter, on forms | |
| 538 | - | prescribed by the Department, a list of all licensed hearing | |
| 539 | - | instrument dispensers employed by it and a statement attesting | |
| 540 | - | that it complies with this Act and the rules promulgated under | |
| 541 | - | it and the regulations of the Federal Food and Drug | |
| 542 | - | Administration and the Federal Trade Commission insofar as | |
| 543 | - | they are applicable. | |
| 544 | - | (Source: P.A. 103-495, eff. 1-1-24.) | |
| 545 | - | (225 ILCS 50/6) (from Ch. 111, par. 7406) | |
| 546 | - | (Text of Section before amendment by P.A. 103-495) | |
| 547 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 548 | - | Sec. 6. Mail order and Internet sales. Nothing in this Act | |
| 549 | - | shall prohibit a corporation, partnership, trust, association, | |
| 550 | - | or other organization, maintaining an established business | |
| 551 | - | address, from engaging in the business of selling or offering | |
| 552 | - | for sale hearing instruments at retail by mail or by Internet | |
| 553 | - | to persons 18 years of age or older who have not been examined | |
| 554 | - | by a licensed physician or tested by a licensed hearing | |
| 555 | - | instrument dispenser provided that: | |
| 247 | + | SB0767 Enrolled- 8 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 8 - LRB103 03222 BMS 48228 b | |
| 248 | + | SB0767 Enrolled - 8 - LRB103 03222 BMS 48228 b | |
| 249 | + | 1 the involvement of a licensed hearing instrument professional. | |
| 250 | + | 2 (Source: P.A. 103-495, eff. 1-1-24.) | |
| 251 | + | 3 (225 ILCS 50/4) (from Ch. 111, par. 7404) | |
| 252 | + | 4 (Text of Section before amendment by P.A. 103-495) | |
| 253 | + | 5 (Section scheduled to be repealed on January 1, 2026) | |
| 254 | + | 6 Sec. 4. Disclosure; waiver; complaints; insurance. The | |
| 255 | + | 7 hearing instrument dispenser shall give at no charge to every | |
| 256 | + | 8 person fitted and sold a hearing instrument the "User | |
| 257 | + | 9 Instructional Brochure", supplied by the hearing instrument | |
| 258 | + | 10 manufacturer containing information required by the U.S. Food | |
| 259 | + | 11 and Drug Administration. | |
| 260 | + | 12 Whenever a sale or service of one or more hearing | |
| 261 | + | 13 instrument involving $50 or more is made or contracted to be | |
| 262 | + | 14 made, whether under a single contract or under multiple | |
| 263 | + | 15 contracts, at the time of the transaction, the hearing | |
| 264 | + | 16 instrument dispenser shall furnish the consumer with a fully | |
| 265 | + | 17 completed receipt or contract pertaining to that transaction, | |
| 266 | + | 18 in substantially the same language as that used in the oral | |
| 267 | + | 19 presentation to the consumer. The receipt or contract provided | |
| 268 | + | 20 to the consumer shall contain the dispenser's name, license | |
| 269 | + | 21 number, business address, business phone number, and | |
| 270 | + | 22 signature; the name, address, and signature of the hearing | |
| 271 | + | 23 instrument consumer; and the name and signature of the | |
| 272 | + | 24 purchaser if the consumer and the purchaser are not the same; | |
| 273 | + | 25 the hearing instrument manufacturer's name, and the model and | |
| 556 | 274 | ||
| 557 | 275 | ||
| 558 | - | (a) The organization is registered by the Department prior | |
| 559 | - | to engaging in business in this State and has paid the fee set | |
| 560 | - | forth in this Act. | |
| 561 | - | (b) The organization files with the Department, prior to | |
| 562 | - | registration and annually thereafter, a Disclosure Statement | |
| 563 | - | containing the following: | |
| 564 | - | (1) the name under which the organization is doing or | |
| 565 | - | intends to do business and the name of any affiliated | |
| 566 | - | company which the organization recommends or will | |
| 567 | - | recommend to persons as a supplier of goods or services or | |
| 568 | - | in connection with other business transactions of the | |
| 569 | - | organization; | |
| 570 | - | (2) the organization's principal business address and | |
| 571 | - | the name and address of its agent in this State authorized | |
| 572 | - | to receive service of process; | |
| 573 | - | (3) the business form of the organization, whether | |
| 574 | - | corporate, partnership, or otherwise and the state or | |
| 575 | - | other sovereign power under which the organization is | |
| 576 | - | organized; | |
| 577 | - | (4) the names of the directors or persons performing | |
| 578 | - | similar functions and names and addresses of the chief | |
| 579 | - | executive officer, and the financial, accounting, sales, | |
| 580 | - | and other principal executive officers, if the | |
| 581 | - | organization is a corporation, association, or other | |
| 582 | - | similar entity; of all general partners, if the | |
| 583 | - | organization is a partnership; and of the owner, if the | |
| 584 | 276 | ||
| 585 | 277 | ||
| 586 | - | organization is a sole proprietorship, together with a | |
| 587 | - | statement of the business background during the past 5 | |
| 588 | - | years for each such person; | |
| 589 | - | (5) a statement as to whether the organization or any | |
| 590 | - | person identified in the disclosure statement: | |
| 591 | - | (i) has during the 5 year period immediately | |
| 592 | - | preceding the date of the disclosure statement been | |
| 593 | - | convicted of a felony, pleaded nolo contendere to a | |
| 594 | - | felony charge, or been held liable in a civil action by | |
| 595 | - | final judgment, if such felony or civil action | |
| 596 | - | involved fraud, embezzlement, or misappropriation of | |
| 597 | - | property, and a description thereof; or | |
| 598 | - | (ii) is subject to any currently effective | |
| 599 | - | injunctive or restrictive order as a result of a | |
| 600 | - | proceeding or pending action brought by any government | |
| 601 | - | agency or department, and a description thereof; or | |
| 602 | - | (iii) is a defendant in any pending criminal or | |
| 603 | - | material civil action relating to fraud, embezzlement, | |
| 604 | - | misappropriation of property or violations of the | |
| 605 | - | antitrust or trade regulation laws of the United | |
| 606 | - | States or any state, and a description thereof; or | |
| 607 | - | (iv) has during the 5 year period immediately | |
| 608 | - | preceding the date of the disclosure statement had | |
| 609 | - | entered against such person or organization a final | |
| 610 | - | judgment in any material civil proceeding, and a | |
| 611 | - | description thereof; or | |
| 278 | + | ||
| 279 | + | SB0767 Enrolled - 8 - LRB103 03222 BMS 48228 b | |
| 612 | 280 | ||
| 613 | 281 | ||
| 614 | - | (v) has during the 5 year period immediately | |
| 615 | - | preceding the date of the disclosure statement been | |
| 616 | - | adjudicated a bankrupt or reorganized due to | |
| 617 | - | insolvency or was a principal executive officer or | |
| 618 | - | general partner of any company that has been | |
| 619 | - | adjudicated a bankrupt or reorganized due to | |
| 620 | - | insolvency during such 5 year period, and a | |
| 621 | - | description thereof; | |
| 622 | - | (6) the length of time the organization and any | |
| 623 | - | predecessor of the organization has conducted a business | |
| 624 | - | dealing with hearing instrument goods or services; | |
| 625 | - | (7) a financial statement of the organization as of | |
| 626 | - | the close of the most recent fiscal year of the | |
| 627 | - | organization. If the financial statement is filed later | |
| 628 | - | than 120 days following the close of the fiscal year of the | |
| 629 | - | organization it must be accompanied by a statement of the | |
| 630 | - | organization of any material changes in the financial | |
| 631 | - | condition of the organization; | |
| 632 | - | (8) a general description of the business, including | |
| 633 | - | without limitation a description of the goods, training | |
| 634 | - | programs, supervision, advertising, promotion and other | |
| 635 | - | services provided by the organization; | |
| 636 | - | (9) a statement of any compensation or other benefit | |
| 637 | - | given or promised to a public figure arising, in whole or | |
| 638 | - | in part, from (i) the use of the public figure in the name | |
| 639 | - | or symbol of the organization or (ii) the endorsement or | |
| 282 | + | SB0767 Enrolled- 9 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 9 - LRB103 03222 BMS 48228 b | |
| 283 | + | SB0767 Enrolled - 9 - LRB103 03222 BMS 48228 b | |
| 284 | + | 1 serial numbers; the date of purchase; and the charges required | |
| 285 | + | 2 to complete the terms of the sale fully and clearly stated. | |
| 286 | + | 3 When the hearing instrument is delivered to the consumer or | |
| 287 | + | 4 purchaser, the serial number shall be written on the original | |
| 288 | + | 5 receipt or contract and a copy shall be given to the consumer | |
| 289 | + | 6 or purchaser. If a used hearing instrument is sold, the | |
| 290 | + | 7 receipt and the container thereof shall be clearly marked as | |
| 291 | + | 8 "used" or "reconditioned", whichever is applicable, with terms | |
| 292 | + | 9 of guarantee, if any. | |
| 293 | + | 10 All hearing instruments offered for sale must be | |
| 294 | + | 11 accompanied by a 30-business day return privilege. The receipt | |
| 295 | + | 12 or contract provided to the consumer shall state that the | |
| 296 | + | 13 consumer has a right to return the hearing instrument for a | |
| 297 | + | 14 refund within 30 business days of the date of delivery. If a | |
| 298 | + | 15 nonrefundable dispensing fee or restocking fee, or both, will | |
| 299 | + | 16 be withheld from the consumer in event of return, the terms | |
| 300 | + | 17 must be clearly stated on the receipt or contract provided to | |
| 301 | + | 18 the consumer. | |
| 302 | + | 19 A hearing instrument dispenser shall not sell a hearing | |
| 303 | + | 20 instrument unless the prospective user has presented to the | |
| 304 | + | 21 hearing instrument dispenser a written statement, signed by a | |
| 305 | + | 22 licensed physician, which states that the patient's hearing | |
| 306 | + | 23 loss has been medically evaluated and the patient is | |
| 307 | + | 24 considered a candidate for a hearing instrument. The medical | |
| 308 | + | 25 evaluation must have taken place within the 6 months | |
| 309 | + | 26 immediately preceding the date of the sale of the hearing | |
| 640 | 310 | ||
| 641 | 311 | ||
| 642 | - | recommendation of the organization by the public figure in | |
| 643 | - | advertisements; | |
| 644 | - | (10) a statement setting forth such additional | |
| 645 | - | information and such comments and explanations relative to | |
| 646 | - | the information contained in the disclosure statement as | |
| 647 | - | the organization may desire to present. | |
| 648 | - | (b-5) If a device being sold does not meet the definition | |
| 649 | - | of a hearing instrument or hearing device as stated in this | |
| 650 | - | Act, the organization shall include a disclaimer in all | |
| 651 | - | written or electronic promotions. The disclaimer shall include | |
| 652 | - | the following language: | |
| 653 | - | "This is not a hearing instrument or hearing aid as | |
| 654 | - | defined in the Hearing Instrument Consumer Protection Act, | |
| 655 | - | but a personal amplifier and not intended to replace a | |
| 656 | - | properly fitted and calibrated hearing instrument.". | |
| 657 | - | (c) The organization files with the Department prior to | |
| 658 | - | registration and annually thereafter a statement that it | |
| 659 | - | complies with the Act, the rules issued pursuant to it, and the | |
| 660 | - | regulations of the Federal Food and Drug Administration and | |
| 661 | - | the Federal Trade Commission insofar as they are applicable. | |
| 662 | - | (d) The organization files with the Department at the time | |
| 663 | - | of registration an irrevocable consent to service of process | |
| 664 | - | authorizing the Department and any of its successors to be | |
| 665 | - | served any notice, process, or pleading in any action or | |
| 666 | - | proceeding against the organization arising out of or in | |
| 667 | - | connection with any violation of this Act. Such service shall | |
| 668 | 312 | ||
| 669 | 313 | ||
| 670 | - | have the effect of conferring personal jurisdiction over such | |
| 671 | - | organization in any court of competent jurisdiction. | |
| 672 | - | (e) Before dispensing a hearing instrument to a resident | |
| 673 | - | of this State, the organization informs the prospective users | |
| 674 | - | that they need the following for proper fitting of a hearing | |
| 675 | - | instrument: | |
| 676 | - | (1) the results of an audiogram performed within the | |
| 677 | - | past 6 months by a licensed audiologist or a licensed | |
| 678 | - | hearing instrument dispenser; and | |
| 679 | - | (2) an earmold impression obtained from the | |
| 680 | - | prospective user and taken by a licensed hearing | |
| 681 | - | instrument dispenser or licensed audiologist. | |
| 682 | - | (f) The prospective user receives a medical evaluation or | |
| 683 | - | the organization affords the prospective user an opportunity | |
| 684 | - | to waive the medical evaluation requirement of Section 4 of | |
| 685 | - | this Act and the testing requirement of subsection (z) of | |
| 686 | - | Section 18, provided that the organization: | |
| 687 | - | (1) informs the prospective user that the exercise of | |
| 688 | - | the waiver is not in the user's best health interest; | |
| 689 | - | (2) does not in any way actively encourage the | |
| 690 | - | prospective user to waive the medical evaluation or test; | |
| 691 | - | and | |
| 692 | - | (3) affords the prospective user the option to sign | |
| 693 | - | the following statement: | |
| 694 | - | "I have been advised by .......... (hearing | |
| 695 | - | instrument dispenser's name) that the Food and Drug | |
| 314 | + | ||
| 315 | + | SB0767 Enrolled - 9 - LRB103 03222 BMS 48228 b | |
| 696 | 316 | ||
| 697 | 317 | ||
| 698 | - | Administration and the State of Illinois have | |
| 699 | - | determined that my best interest would be served if I | |
| 700 | - | had a medical evaluation by a licensed physician, | |
| 701 | - | preferably a physician who specialized in diseases of | |
| 702 | - | the ear, before purchasing a hearing instrument; or a | |
| 703 | - | test by a licensed audiologist or licensed hearing | |
| 704 | - | instrument dispenser utilizing established procedures | |
| 705 | - | and instrumentation in the fitting of hearing | |
| 706 | - | instruments. I do not wish either a medical evaluation | |
| 707 | - | or test before purchasing a hearing instrument." | |
| 708 | - | (g) Where a sale, lease, or rental of hearing instruments | |
| 709 | - | is sold or contracted to be sold to a consumer by mail order, | |
| 710 | - | the consumer may void the contract or sale by notifying the | |
| 711 | - | seller within 45 business days following that day on which the | |
| 712 | - | hearing instruments were mailed by the seller to the consumer | |
| 713 | - | and by returning to the seller in its original condition any | |
| 714 | - | hearing instrument delivered to the consumer under the | |
| 715 | - | contract or sale. At the time the hearing instrument is | |
| 716 | - | mailed, the seller shall furnish the consumer with a fully | |
| 717 | - | completed receipt or copy of any contract pertaining to the | |
| 718 | - | sale that contains a "Notice of Cancellation" informing the | |
| 719 | - | consumer that he or she may cancel the sale at any time within | |
| 720 | - | 45 business days and disclosing the date of the mailing and the | |
| 721 | - | name, address, and telephone number of the seller. In | |
| 722 | - | immediate proximity to the space reserved in the contract for | |
| 723 | - | the signature of the consumer, or on the front page of the | |
| 318 | + | SB0767 Enrolled- 10 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 10 - LRB103 03222 BMS 48228 b | |
| 319 | + | SB0767 Enrolled - 10 - LRB103 03222 BMS 48228 b | |
| 320 | + | 1 instrument to the prospective hearing instrument user. If the | |
| 321 | + | 2 prospective hearing instrument user is 18 years of age or | |
| 322 | + | 3 older, the hearing instrument dispenser may afford the | |
| 323 | + | 4 prospective user an opportunity to waive the medical | |
| 324 | + | 5 evaluation required by this Section, provided that the hearing | |
| 325 | + | 6 instrument dispenser: | |
| 326 | + | 7 (i) Informs the prospective user that the exercise of | |
| 327 | + | 8 a waiver is not in the user's best health interest; | |
| 328 | + | 9 (ii) Does not in any way actively encourage the | |
| 329 | + | 10 prospective user to waive the medical evaluation; and | |
| 330 | + | 11 (iii) Affords the prospective user the option to sign | |
| 331 | + | 12 the following statement: | |
| 332 | + | 13 "I have been advised by .................(hearing | |
| 333 | + | 14 instrument dispenser's name) that the Food and Drug | |
| 334 | + | 15 Administration has determined that my best interest | |
| 335 | + | 16 would be served if I had a medical evaluation by a | |
| 336 | + | 17 licensed physician (preferably a physician who | |
| 337 | + | 18 specializes in diseases of the ear) before purchasing | |
| 338 | + | 19 a hearing instrument. I do not wish a medical | |
| 339 | + | 20 evaluation before purchasing a hearing instrument." | |
| 340 | + | 21 The hearing instrument dispenser or his or her employer | |
| 341 | + | 22 shall retain proof of the medical examination or the waiver | |
| 342 | + | 23 for at least 3 years from the date of the sale. | |
| 343 | + | 24 If the parent or guardian of any individual under the age | |
| 344 | + | 25 of 18 years is a member of any church or religious | |
| 345 | + | 26 denomination, whose tenets and practices include reliance upon | |
| 724 | 346 | ||
| 725 | 347 | ||
| 726 | - | receipt if a contract is not used, and in bold face type of a | |
| 727 | - | minimum size of 10 points, there shall be a statement in | |
| 728 | - | substantially the following form: | |
| 729 | - | "You, the buyer, may cancel this transaction at any | |
| 730 | - | time prior to midnight of the 45th business day after the | |
| 731 | - | date of this transaction. See the attached notice of | |
| 732 | - | cancellation form for an explanation of this right." | |
| 733 | - | Attached to the receipt or contract shall be a completed | |
| 734 | - | form in duplicate, captioned "NOTICE OF CANCELLATION" which | |
| 735 | - | shall be easily detachable and which shall contain in at least | |
| 736 | - | 10 point bold face type the following information and | |
| 737 | - | statements in the same language as that used in the contract: | |
| 738 | - | "NOTICE OF CANCELLATION | |
| 739 | - | enter date of transaction | |
| 740 | - | ......................... | |
| 741 | - | (DATE) | |
| 742 | - | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | |
| 743 | - | OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | |
| 744 | - | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | |
| 745 | - | BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | |
| 746 | - | RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | |
| 747 | - | WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | |
| 748 | - | THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | |
| 749 | - | PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | |
| 750 | - | ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | |
| 751 | - | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | |
| 752 | 348 | ||
| 753 | 349 | ||
| 754 | - | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | |
| 755 | - | DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | |
| 756 | - | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | |
| 757 | - | AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | |
| 758 | - | WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | |
| 759 | - | AT (address of seller's place of business) AND (seller's | |
| 760 | - | telephone number) NO LATER THAN MIDNIGHT OF | |
| 761 | - | ...........(date). | |
| 762 | - | I HEREBY CANCEL THIS TRANSACTION. | |
| 763 | - | (Date)............ | |
| 764 | - | .................. | |
| 765 | - | (Buyers Signature)" | |
| 766 | - | The written "Notice of Cancellation" may be sent by the | |
| 767 | - | consumer to the seller to cancel the contract. The 45-day | |
| 768 | - | period does not commence until the consumer is furnished the | |
| 769 | - | Notice of Cancellation and the address and phone number at | |
| 770 | - | which such notice to the seller can be given. | |
| 771 | - | If the conditions of this Section are met, the seller must | |
| 772 | - | return to the consumer the amount of any payment made or | |
| 773 | - | consideration given under the contract or for the merchandise | |
| 774 | - | less a nonrefundable restocking fee. | |
| 775 | - | It is an unlawful practice for a seller to: (1) hold a | |
| 776 | - | consumer responsible for any liability or obligation under any | |
| 777 | - | mail order transaction if the consumer claims not to have | |
| 778 | - | received the merchandise unless the merchandise was sent by | |
| 779 | - | certified mail or other delivery method by which the seller is | |
| 350 | + | ||
| 351 | + | SB0767 Enrolled - 10 - LRB103 03222 BMS 48228 b | |
| 780 | 352 | ||
| 781 | 353 | ||
| 782 | - | provided with proof of delivery; (2) fail, before furnishing | |
| 783 | - | copies of the "Notice of Cancellation" to the consumer, to | |
| 784 | - | complete both copies by entering the name of the seller, the | |
| 785 | - | address of the seller's place of business, the seller's | |
| 786 | - | telephone number, the date of the mailing, and the date, not | |
| 787 | - | earlier than the 45th business day following the date of the | |
| 788 | - | mailing, by which the consumer may give notice of | |
| 789 | - | cancellation; (3) include in any contract or receipt any | |
| 790 | - | confession of judgment or any waiver of any of the rights to | |
| 791 | - | which the consumer is entitled under this Section including | |
| 792 | - | specifically his right to cancel the sale in accordance with | |
| 793 | - | the provisions of this Section; (4) misrepresent in any manner | |
| 794 | - | the consumer's right to cancel; (5) use any undue influence, | |
| 795 | - | coercion, or any other wilful act or representation to | |
| 796 | - | interfere with the consumer's exercise of his rights under | |
| 797 | - | this Section; (6) fail or refuse to honor any valid notice of | |
| 798 | - | cancellation and return of merchandise by a consumer and, | |
| 799 | - | within 10 business days after the receipt of such notice and | |
| 800 | - | merchandise pertaining to such transaction, to (i) refund | |
| 801 | - | payments made under the contract or sale, (ii) return any | |
| 802 | - | goods or property traded in, in substantially as good | |
| 803 | - | condition as when received by the person, (iii) cancel and | |
| 804 | - | return any negotiable instrument executed by the consumer in | |
| 805 | - | connection with the contract or sale and take any action | |
| 806 | - | necessary or appropriate to terminate promptly any security | |
| 807 | - | interest created in the transaction; (7) negotiate, transfer, | |
| 354 | + | SB0767 Enrolled- 11 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 11 - LRB103 03222 BMS 48228 b | |
| 355 | + | SB0767 Enrolled - 11 - LRB103 03222 BMS 48228 b | |
| 356 | + | 1 spiritual means through prayer alone and objects to medical | |
| 357 | + | 2 treatment and so states in writing to the hearing instrument | |
| 358 | + | 3 dispenser, such individual shall undergo a hearing examination | |
| 359 | + | 4 as provided by this Section but no proof, ruling out any | |
| 360 | + | 5 medically treatable problem causing hearing loss, shall be | |
| 361 | + | 6 required. | |
| 362 | + | 7 All persons licensed under this Act shall have | |
| 363 | + | 8 conspicuously displayed in their business establishment a sign | |
| 364 | + | 9 indicating that formal complaints regarding hearing instrument | |
| 365 | + | 10 goods or services may be made to the Department. Such sign | |
| 366 | + | 11 shall give the address and telephone number of the Department. | |
| 367 | + | 12 All persons purchasing hearing instruments shall be provided | |
| 368 | + | 13 with a written statement indicating that formal complaints | |
| 369 | + | 14 regarding hearing instrument goods or services may be made to | |
| 370 | + | 15 the Department and disclosing the address and telephone number | |
| 371 | + | 16 of the Department. | |
| 372 | + | 17 Any person wishing to make a complaint, against a hearing | |
| 373 | + | 18 instrument dispenser under this Act, shall file it with the | |
| 374 | + | 19 Department within 3 years from the date of the action upon | |
| 375 | + | 20 which the complaint is based. The Department shall investigate | |
| 376 | + | 21 all such complaints. | |
| 377 | + | 22 All persons licensed under this Act shall maintain | |
| 378 | + | 23 liability insurance as set forth by rule and shall be | |
| 379 | + | 24 responsible for the annual calibration of all audiometers in | |
| 380 | + | 25 use by such persons. Such annual calibrations shall be in | |
| 381 | + | 26 conformance with the current standards set by American | |
| 808 | 382 | ||
| 809 | 383 | ||
| 810 | - | sell, or assign any note or other evidence of indebtedness to a | |
| 811 | - | finance company or other third party prior to the 50th | |
| 812 | - | business day following the day of the mailing; or (8) fail to | |
| 813 | - | provide the consumer of a hearing instrument with written | |
| 814 | - | information stating the name, address, and telephone number of | |
| 815 | - | the Department and informing the consumer that complaints | |
| 816 | - | regarding hearing instrument goods or services may be made to | |
| 817 | - | the Department. | |
| 818 | - | (h) The organization employs only licensed hearing | |
| 819 | - | instrument dispensers in the dispensing of hearing instruments | |
| 820 | - | and files with the Department, by January 1 of each year, a | |
| 821 | - | list of all licensed hearing instrument dispensers employed by | |
| 822 | - | it. | |
| 823 | - | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.) | |
| 824 | - | (Text of Section after amendment by P.A. 103-495) | |
| 825 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 826 | - | Sec. 6. Mail order and Internet sales. Nothing in this Act | |
| 827 | - | shall prohibit a corporation, partnership, trust, association, | |
| 828 | - | or other organization, maintaining an established business | |
| 829 | - | address, from engaging in the business of selling or offering | |
| 830 | - | for sale hearing aids at retail by mail or by Internet to | |
| 831 | - | persons 18 years of age or older who have not been examined by | |
| 832 | - | a licensed physician or tested by a licensed hearing | |
| 833 | - | instrument professional provided that: | |
| 834 | - | (a) The organization is registered by the Department prior | |
| 835 | 384 | ||
| 836 | 385 | ||
| 837 | - | to engaging in business in this State and has paid the fee set | |
| 838 | - | forth in this Act. | |
| 839 | - | (b) The organization files with the Department, prior to | |
| 840 | - | registration and annually thereafter, a Disclosure Statement | |
| 841 | - | containing the following: | |
| 842 | - | (1) the name under which the organization is doing or | |
| 843 | - | intends to do business and the name of any affiliated | |
| 844 | - | company which the organization recommends or will | |
| 845 | - | recommend to persons as a supplier of goods or services or | |
| 846 | - | in connection with other business transactions of the | |
| 847 | - | organization; | |
| 848 | - | (2) the organization's principal business address and | |
| 849 | - | the name and address of its agent in this State authorized | |
| 850 | - | to receive service of process; | |
| 851 | - | (3) the business form of the organization, whether | |
| 852 | - | corporate, partnership, or otherwise and the state or | |
| 853 | - | other sovereign power under which the organization is | |
| 854 | - | organized; | |
| 855 | - | (4) the names of the directors or persons performing | |
| 856 | - | similar functions and names and addresses of the chief | |
| 857 | - | executive officer, and the financial, accounting, sales, | |
| 858 | - | and other principal executive officers, if the | |
| 859 | - | organization is a corporation, association, or other | |
| 860 | - | similar entity; of all general partners, if the | |
| 861 | - | organization is a partnership; and of the owner, if the | |
| 862 | - | organization is a sole proprietorship, together with a | |
| 386 | + | ||
| 387 | + | SB0767 Enrolled - 11 - LRB103 03222 BMS 48228 b | |
| 863 | 388 | ||
| 864 | 389 | ||
| 865 | - | statement of the business background during the past 5 | |
| 866 | - | years for each such person; | |
| 867 | - | (5) a statement as to whether the organization or any | |
| 868 | - | person identified in the disclosure statement: | |
| 869 | - | (i) has during the 5-year period immediately | |
| 870 | - | preceding the date of the disclosure statement been | |
| 871 | - | convicted of a felony, pleaded nolo contendere to a | |
| 872 | - | felony charge, or been held liable in a civil action by | |
| 873 | - | final judgment, if such felony or civil action | |
| 874 | - | involved fraud, embezzlement, or misappropriation of | |
| 875 | - | property, and a description thereof; or | |
| 876 | - | (ii) is subject to any currently effective | |
| 877 | - | injunctive or restrictive order as a result of a | |
| 878 | - | proceeding or pending action brought by any government | |
| 879 | - | agency or department, and a description thereof; or | |
| 880 | - | (iii) is a defendant in any pending criminal or | |
| 881 | - | material civil action relating to fraud, embezzlement, | |
| 882 | - | misappropriation of property or violations of the | |
| 883 | - | antitrust or trade regulation laws of the United | |
| 884 | - | States or any state, and a description thereof; or | |
| 885 | - | (iv) has during the 5-year period immediately | |
| 886 | - | preceding the date of the disclosure statement had | |
| 887 | - | entered against such person or organization a final | |
| 888 | - | judgment in any material civil proceeding, and a | |
| 889 | - | description thereof; or | |
| 890 | - | (v) has during the 5-year period immediately | |
| 390 | + | SB0767 Enrolled- 12 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 12 - LRB103 03222 BMS 48228 b | |
| 391 | + | SB0767 Enrolled - 12 - LRB103 03222 BMS 48228 b | |
| 392 | + | 1 National Standard Institute. | |
| 393 | + | 2 (Source: P.A. 91-932, eff. 1-1-01.) | |
| 394 | + | 3 (Text of Section after amendment by P.A. 103-495) | |
| 395 | + | 4 (Section scheduled to be repealed on January 1, 2026) | |
| 396 | + | 5 Sec. 4. Disclosure; complaints; insurance. The hearing | |
| 397 | + | 6 instrument professional shall give at no charge to every | |
| 398 | + | 7 person fitted and sold a hearing aid the "User Instructional | |
| 399 | + | 8 Brochure", supplied by the hearing aid manufacturer containing | |
| 400 | + | 9 information required by the U.S. Food and Drug Administration. | |
| 401 | + | 10 All hearing instruments or hearing aids must be dispensed | |
| 402 | + | 11 or sold in accordance with Food and Drug Administration and | |
| 403 | + | 12 Federal Trade Commission regulations governing the dispensing | |
| 404 | + | 13 and sale of personal sound amplification products or hearing | |
| 405 | + | 14 aids. | |
| 406 | + | 15 A consumer who purchases an over-the-counter hearing aid | |
| 407 | + | 16 must be provided a sales receipt at the time of the | |
| 408 | + | 17 transaction. | |
| 409 | + | 18 Whenever a sale of one or more prescription hearing aids | |
| 410 | + | 19 involving $50 or more is made or contracted to be made, whether | |
| 411 | + | 20 under a single contract or under multiple contracts, at the | |
| 412 | + | 21 time of the transaction, the hearing instrument professional | |
| 413 | + | 22 shall furnish the consumer with a fully completed receipt or | |
| 414 | + | 23 contract pertaining to that transaction, in substantially the | |
| 415 | + | 24 same language as that used in the oral presentation to the | |
| 416 | + | 25 consumer. The receipt or contract provided to the consumer | |
| 891 | 417 | ||
| 892 | 418 | ||
| 893 | - | preceding the date of the disclosure statement been | |
| 894 | - | adjudicated a bankrupt or reorganized due to | |
| 895 | - | insolvency or was a principal executive officer or | |
| 896 | - | general partner of any company that has been | |
| 897 | - | adjudicated a bankrupt or reorganized due to | |
| 898 | - | insolvency during such 5-year period, and a | |
| 899 | - | description thereof; | |
| 900 | - | (6) the length of time the organization and any | |
| 901 | - | predecessor of the organization has conducted a business | |
| 902 | - | dealing with hearing aid goods or services; | |
| 903 | - | (7) a financial statement of the organization as of | |
| 904 | - | the close of the most recent fiscal year of the | |
| 905 | - | organization. If the financial statement is filed later | |
| 906 | - | than 120 days following the close of the fiscal year of the | |
| 907 | - | organization it must be accompanied by a statement of the | |
| 908 | - | organization of any material changes in the financial | |
| 909 | - | condition of the organization; | |
| 910 | - | (8) a general description of the business, including | |
| 911 | - | without limitation a description of the goods, training | |
| 912 | - | programs, supervision, advertising, promotion and other | |
| 913 | - | services provided by the organization; | |
| 914 | - | (9) a statement of any compensation or other benefit | |
| 915 | - | given or promised to a public figure arising, in whole or | |
| 916 | - | in part, from (i) the use of the public figure in the name | |
| 917 | - | or symbol of the organization or (ii) the endorsement or | |
| 918 | - | recommendation of the organization by the public figure in | |
| 919 | 419 | ||
| 920 | 420 | ||
| 921 | - | advertisements; | |
| 922 | - | (10) a statement setting forth such additional | |
| 923 | - | information and such comments and explanations relative to | |
| 924 | - | the information contained in the disclosure statement as | |
| 925 | - | the organization may desire to present. | |
| 926 | - | (b-5) If a device being sold does not meet the definition | |
| 927 | - | of an over-the-counter hearing aid or a prescription hearing | |
| 928 | - | aid, as stated in this Act, the organization shall include a | |
| 929 | - | disclaimer in all written or electronic promotions. The | |
| 930 | - | disclaimer shall include the following language: | |
| 931 | - | "This is not a hearing instrument or hearing aid as | |
| 932 | - | defined in the Hearing Instrument Consumer Protection Act, | |
| 933 | - | but a personal sound amplification product and not | |
| 934 | - | intended to replace a properly fitted and calibrated | |
| 935 | - | hearing aid or treat hearing loss.". | |
| 936 | - | (c) The organization files with the Department prior to | |
| 937 | - | registration and annually thereafter a statement that it | |
| 938 | - | complies with the Act, the rules issued pursuant to it, and the | |
| 939 | - | regulations of the Federal Food and Drug Administration and | |
| 940 | - | the Federal Trade Commission insofar as they are applicable. | |
| 941 | - | (d) The organization files with the Department at the time | |
| 942 | - | of registration an irrevocable consent to service of process | |
| 943 | - | authorizing the Department and any of its successors to be | |
| 944 | - | served any notice, process, or pleading in any action or | |
| 945 | - | proceeding against the organization arising out of or in | |
| 946 | - | connection with any violation of this Act. Such service shall | |
| 421 | + | ||
| 422 | + | SB0767 Enrolled - 12 - LRB103 03222 BMS 48228 b | |
| 947 | 423 | ||
| 948 | 424 | ||
| 949 | - | have the effect of conferring personal jurisdiction over such | |
| 950 | - | organization in any court of competent jurisdiction. | |
| 951 | - | (e) Before dispensing a hearing aid by mail or over the | |
| 952 | - | Internet to a resident of this State, the organization informs | |
| 953 | - | (i) the parent or guardian of a person age 17 or younger that | |
| 954 | - | he or she must obtain a prescription issued by a licensed | |
| 955 | - | audiologist or licensed physician that meets the requirements | |
| 956 | - | of Section 4.5 or (ii) a person age 18 or older that he or she | |
| 957 | - | must obtain a prescription issued by a hearing instrument | |
| 958 | - | professional that meets the requirements of Section 4.6. | |
| 959 | - | (f) (Blank).: | |
| 960 | - | (g) Where a sale, lease, or rental of prescription hearing | |
| 961 | - | aids are sold or contracted to be sold to a consumer by mail | |
| 962 | - | order or via the Internet, the consumer may void the contract | |
| 963 | - | or sale by notifying the seller within 45 business days | |
| 964 | - | following that day on which the hearing aids were mailed by the | |
| 965 | - | seller to the consumer and by returning to the seller in its | |
| 966 | - | original condition any hearing aids delivered to the consumer | |
| 967 | - | under the contract or sale. At the time the hearing aid is | |
| 968 | - | mailed, the seller shall furnish the consumer with a fully | |
| 969 | - | completed receipt or copy of any contract pertaining to the | |
| 970 | - | sale that contains a "Notice of Cancellation" informing the | |
| 971 | - | consumer that he or she may cancel the sale at any time within | |
| 972 | - | 45 business days and disclosing the date of the mailing and the | |
| 973 | - | name, address, and telephone number of the seller. In | |
| 974 | - | immediate proximity to the space reserved in the contract for | |
| 425 | + | SB0767 Enrolled- 13 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 13 - LRB103 03222 BMS 48228 b | |
| 426 | + | SB0767 Enrolled - 13 - LRB103 03222 BMS 48228 b | |
| 427 | + | 1 shall contain (i) the hearing instrument professional's name, | |
| 428 | + | 2 license number, business address, business phone number, and | |
| 429 | + | 3 signature; (ii) the name, address, and signature of the | |
| 430 | + | 4 hearing instrument consumer; (iii) the name and signature of | |
| 431 | + | 5 the purchaser if the consumer and the purchaser are not the | |
| 432 | + | 6 same person; (iv) the hearing aid manufacturer's name, and the | |
| 433 | + | 7 model and serial numbers; (v) the date of purchase; and (vi) | |
| 434 | + | 8 the charges required to complete the terms of the sale, which | |
| 435 | + | 9 must be fully and clearly stated. When the hearing aid is | |
| 436 | + | 10 delivered to the consumer or purchaser, the serial number | |
| 437 | + | 11 shall be written on the original receipt or contract and a copy | |
| 438 | + | 12 shall be given to the consumer or purchaser. If a used hearing | |
| 439 | + | 13 instrument is sold, the receipt and the container thereof | |
| 440 | + | 14 shall be clearly marked as "used" or "reconditioned", | |
| 441 | + | 15 whichever is applicable, with terms of guarantee, if any. | |
| 442 | + | 16 The hearing instrument professional or the professional's | |
| 443 | + | 17 employer shall retain proof of the medical examination for at | |
| 444 | + | 18 least 3 years from the date of the sale. | |
| 445 | + | 19 All hearing instruments offered for sale must be | |
| 446 | + | 20 accompanied by a 30-business day return privilege. The receipt | |
| 447 | + | 21 or contract provided to the consumer shall state that the | |
| 448 | + | 22 consumer has a right to return the hearing instrument for a | |
| 449 | + | 23 refund within 30 business days of the date of delivery. If a | |
| 450 | + | 24 nonrefundable dispensing fee or restocking fee, or both, will | |
| 451 | + | 25 be withheld from the consumer in event of return, the terms | |
| 452 | + | 26 must be clearly stated on the receipt or contract provided to | |
| 975 | 453 | ||
| 976 | 454 | ||
| 977 | - | the signature of the consumer, or on the front page of the | |
| 978 | - | receipt if a contract is not used, and in bold face type of a | |
| 979 | - | minimum size of 10 points, there shall be a statement in | |
| 980 | - | substantially the following form: | |
| 981 | - | "You, the buyer, may cancel this transaction at any | |
| 982 | - | time prior to midnight of the 45th business day after the | |
| 983 | - | date of this transaction. See the attached notice of | |
| 984 | - | cancellation form for an explanation of this right." | |
| 985 | - | Attached to the receipt or contract shall be a completed | |
| 986 | - | form in duplicate, captioned "NOTICE OF CANCELLATION" which | |
| 987 | - | shall be easily detachable and which shall contain in at least | |
| 988 | - | 10 point bold face type the following information and | |
| 989 | - | statements in the same language as that used in the contract: | |
| 990 | - | "NOTICE OF CANCELLATION | |
| 991 | - | enter date of transaction | |
| 992 | - | ......................... | |
| 993 | - | (DATE) | |
| 994 | - | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | |
| 995 | - | OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | |
| 996 | - | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | |
| 997 | - | BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | |
| 998 | - | RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | |
| 999 | - | WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | |
| 1000 | - | THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | |
| 1001 | - | PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | |
| 1002 | - | ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | |
| 1003 | 455 | ||
| 1004 | 456 | ||
| 1005 | - | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | |
| 1006 | - | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | |
| 1007 | - | DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | |
| 1008 | - | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | |
| 1009 | - | AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | |
| 1010 | - | WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | |
| 1011 | - | AT (address of seller's place of business) AND (seller's | |
| 1012 | - | telephone number) NO LATER THAN MIDNIGHT OF | |
| 1013 | - | ...........(date). | |
| 1014 | - | I HEREBY CANCEL THIS TRANSACTION. | |
| 1015 | - | (Date)............ | |
| 1016 | - | .................. | |
| 1017 | - | (Buyers Signature)" | |
| 1018 | - | The written "Notice of Cancellation" may be sent by the | |
| 1019 | - | consumer to the seller to cancel the contract. The 45-day | |
| 1020 | - | period does not commence until the consumer is furnished the | |
| 1021 | - | Notice of Cancellation and the address and phone number at | |
| 1022 | - | which such notice to the seller can be given. | |
| 1023 | - | If the conditions of this Section are met, the seller must | |
| 1024 | - | return to the consumer the amount of any payment made or | |
| 1025 | - | consideration given under the contract or for the merchandise | |
| 1026 | - | less a nonrefundable restocking fee. | |
| 1027 | - | It is an unlawful practice for a seller to: (1) hold a | |
| 1028 | - | consumer responsible for any liability or obligation under any | |
| 1029 | - | mail order transaction if the consumer claims not to have | |
| 1030 | - | received the merchandise unless the merchandise was sent by | |
| 457 | + | ||
| 458 | + | SB0767 Enrolled - 13 - LRB103 03222 BMS 48228 b | |
| 1031 | 459 | ||
| 1032 | 460 | ||
| 1033 | - | certified mail or other delivery method by which the seller is | |
| 1034 | - | provided with proof of delivery; (2) fail, before furnishing | |
| 1035 | - | copies of the "Notice of Cancellation" to the consumer, to | |
| 1036 | - | complete both copies by entering the name of the seller, the | |
| 1037 | - | address of the seller's place of business, the seller's | |
| 1038 | - | telephone number, the date of the mailing, and the date, not | |
| 1039 | - | earlier than the 45th business day following the date of the | |
| 1040 | - | mailing, by which the consumer may give notice of | |
| 1041 | - | cancellation; (3) include in any contract or receipt any | |
| 1042 | - | confession of judgment or any waiver of any of the rights to | |
| 1043 | - | which the consumer is entitled under this Section including | |
| 1044 | - | specifically his right to cancel the sale in accordance with | |
| 1045 | - | the provisions of this Section; (4) misrepresent in any manner | |
| 1046 | - | the consumer's right to cancel; (5) use any undue influence, | |
| 1047 | - | coercion, or any other wilful act or representation to | |
| 1048 | - | interfere with the consumer's exercise of his rights under | |
| 1049 | - | this Section; (6) fail or refuse to honor any valid notice of | |
| 1050 | - | cancellation and return of merchandise by a consumer and, | |
| 1051 | - | within 10 business days after the receipt of such notice and | |
| 1052 | - | merchandise pertaining to such transaction, to (i) refund | |
| 1053 | - | payments made under the contract or sale, (ii) return any | |
| 1054 | - | goods or property traded in, in substantially as good | |
| 1055 | - | condition as when received by the person, (iii) cancel and | |
| 1056 | - | return any negotiable instrument executed by the consumer in | |
| 1057 | - | connection with the contract or sale and take any action | |
| 1058 | - | necessary or appropriate to terminate promptly any security | |
| 461 | + | SB0767 Enrolled- 14 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 14 - LRB103 03222 BMS 48228 b | |
| 462 | + | SB0767 Enrolled - 14 - LRB103 03222 BMS 48228 b | |
| 463 | + | 1 the consumer. For purposes of this paragraph, "business day" | |
| 464 | + | 2 means any calendar day except Saturday, Sunday, or a federal | |
| 465 | + | 3 holiday. | |
| 466 | + | 4 If the parent or guardian of any individual age 17 or under | |
| 467 | + | 5 is a member of any church or religious denomination, whose | |
| 468 | + | 6 tenets and practices include reliance upon spiritual means | |
| 469 | + | 7 through prayer alone and objects to medical treatment and so | |
| 470 | + | 8 states in writing to the hearing instrument professional, such | |
| 471 | + | 9 individual shall undergo a hearing examination as provided by | |
| 472 | + | 10 this Section but no proof, ruling out any medically treatable | |
| 473 | + | 11 problem causing hearing loss, shall be required. | |
| 474 | + | 12 All persons licensed under this Act shall have | |
| 475 | + | 13 conspicuously displayed in their business establishment a sign | |
| 476 | + | 14 indicating that formal complaints regarding hearing aid goods | |
| 477 | + | 15 or services may be made to the Department. Such sign shall give | |
| 478 | + | 16 the address and telephone number of the Department. All | |
| 479 | + | 17 persons purchasing hearing aids shall be provided with a | |
| 480 | + | 18 written statement indicating that formal complaints regarding | |
| 481 | + | 19 hearing aid goods or services may be made to the Department and | |
| 482 | + | 20 disclosing the address and telephone number of the Department. | |
| 483 | + | 21 Any person wishing to make a complaint, against a hearing | |
| 484 | + | 22 instrument professional under this Act, shall file it with the | |
| 485 | + | 23 Department within 3 years from the date of the action upon | |
| 486 | + | 24 which the complaint is based. The Department shall investigate | |
| 487 | + | 25 all such complaints. | |
| 488 | + | 26 All persons licensed under this Act shall maintain | |
| 1059 | 489 | ||
| 1060 | 490 | ||
| 1061 | - | interest created in the transaction; (7) negotiate, transfer, | |
| 1062 | - | sell, or assign any note or other evidence of indebtedness to a | |
| 1063 | - | finance company or other third party prior to the 50th | |
| 1064 | - | business day following the day of the mailing; or (8) fail to | |
| 1065 | - | provide the consumer of a hearing aid with written information | |
| 1066 | - | stating the name, address, and telephone number of the | |
| 1067 | - | Department and informing the consumer that complaints | |
| 1068 | - | regarding hearing aid goods or services may be made to the | |
| 1069 | - | Department. | |
| 1070 | - | (h) The organization employs only licensed hearing | |
| 1071 | - | instrument professionals in the dispensing of hearing aids and | |
| 1072 | - | files with the Department, by January 1 of each year, a list of | |
| 1073 | - | all licensed hearing instrument professionals employed by it. | |
| 1074 | - | (Source: P.A. 103-495, eff. 1-1-24.) | |
| 1075 | - | (225 ILCS 50/9) (from Ch. 111, par. 7409) | |
| 1076 | - | (Text of Section before amendment by P.A. 103-495) | |
| 1077 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 1078 | - | Sec. 9. Areas of examination. The examination required by | |
| 1079 | - | Section 8 shall be set forth by rule and demonstrate the | |
| 1080 | - | applicant's technical qualifications by: | |
| 1081 | - | (a) Tests of knowledge in the following areas as they | |
| 1082 | - | pertain to the testing, selecting, recommending, fitting, | |
| 1083 | - | and selling of hearing instruments: | |
| 1084 | - | (1) characteristics of sound; | |
| 1085 | - | (2) the nature of the ear; and | |
| 1086 | 491 | ||
| 1087 | 492 | ||
| 1088 | - | (3) the function and maintenance of hearing | |
| 1089 | - | instruments. | |
| 1090 | - | (b) Practical tests of proficiency in techniques as | |
| 1091 | - | they pertain to the fitting of hearing instruments shall | |
| 1092 | - | be prescribed by the Department, set forth by rule, and | |
| 1093 | - | include candidate qualifications in the following areas: | |
| 1094 | - | (1) pure tone audiometry including air conduction | |
| 1095 | - | testing and bone conduction testing; | |
| 1096 | - | (2) live voice or recorded voice speech | |
| 1097 | - | audiometry, including speech reception, threshold | |
| 1098 | - | testing and speech discrimination testing; | |
| 1099 | - | (3) masking; | |
| 1100 | - | (4) proper selection and adaptation of a hearing | |
| 1101 | - | instrument; | |
| 1102 | - | (5) taking earmold impressions; | |
| 1103 | - | (6) proper maintenance procedures; and | |
| 1104 | - | (7) a general knowledge of the medical and | |
| 1105 | - | physical contra-indications to the use and fitting of | |
| 1106 | - | a hearing instrument. | |
| 1107 | - | (c) Knowledge of the general medical and hearing | |
| 1108 | - | rehabilitation facilities in the area being served. | |
| 1109 | - | (d) Knowledge of the provisions of this Act and the | |
| 1110 | - | rules promulgated hereunder. | |
| 1111 | - | (Source: P.A. 96-683, eff. 1-1-10.) | |
| 1112 | - | (Text of Section after amendment by P.A. 103-495) | |
| 493 | + | ||
| 494 | + | SB0767 Enrolled - 14 - LRB103 03222 BMS 48228 b | |
| 1113 | 495 | ||
| 1114 | 496 | ||
| 1115 | - | (Section scheduled to be repealed on January 1, 2026) | |
| 1116 | - | Sec. 9. Areas of examination. The examination required by | |
| 1117 | - | Section 8 shall be set forth by rule and demonstrate the | |
| 1118 | - | applicant's technical qualifications by: | |
| 1119 | - | (a) Tests of knowledge in the following areas as they | |
| 1120 | - | pertain to the testing, selecting, recommending, fitting, | |
| 1121 | - | and selling of hearing aids: | |
| 1122 | - | (1) characteristics of sound; | |
| 1123 | - | (2) the nature of the ear; and | |
| 1124 | - | (3) the function and maintenance of hearing aids. | |
| 1125 | - | (b) Practical tests of proficiency in techniques as | |
| 1126 | - | they pertain to the fitting of hearing aids shall be | |
| 1127 | - | prescribed by the Department, set forth by rule, and | |
| 1128 | - | include candidate qualifications in the following areas: | |
| 1129 | - | (1) pure-tone pure tone audiometry including air | |
| 1130 | - | conduction testing and bone conduction testing; | |
| 1131 | - | (2) live voice or recorded voice speech | |
| 1132 | - | audiometry, including speech reception, threshold | |
| 1133 | - | testing and speech discrimination testing; | |
| 1134 | - | (3) masking; | |
| 1135 | - | (4) proper selection and adaptation of a hearing | |
| 1136 | - | instrument; | |
| 1137 | - | (5) taking earmold impressions; | |
| 1138 | - | (6) proper maintenance procedures; and | |
| 1139 | - | (7) a general knowledge of the medical and | |
| 1140 | - | physical contra-indications to the use and fitting of | |
| 497 | + | SB0767 Enrolled- 15 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 15 - LRB103 03222 BMS 48228 b | |
| 498 | + | SB0767 Enrolled - 15 - LRB103 03222 BMS 48228 b | |
| 499 | + | 1 liability insurance as set forth by rule and shall be | |
| 500 | + | 2 responsible for the annual calibration of all audiometers in | |
| 501 | + | 3 use by such persons. Such annual calibrations shall be in | |
| 502 | + | 4 conformance with the current standards set by American | |
| 503 | + | 5 National Standard Institute. | |
| 504 | + | 6 (Source: P.A. 103-495, eff. 1-1-24.) | |
| 505 | + | 7 (225 ILCS 50/4.6) | |
| 506 | + | 8 (This Section may contain text from a Public Act with a | |
| 507 | + | 9 delayed effective date) | |
| 508 | + | 10 (Section scheduled to be repealed on January 1, 2026) | |
| 509 | + | 11 Sec. 4.6. Prescription hearing aids for persons age 18 or | |
| 510 | + | 12 older. | |
| 511 | + | 13 (a) A hearing instrument professional may dispense a | |
| 512 | + | 14 hearing aid to a person age 18 or older in accordance with the | |
| 513 | + | 15 requirements of this Section. | |
| 514 | + | 16 (b) A person age 18 or older must be evaluated by a hearing | |
| 515 | + | 17 instrument professional in person or via telehealth before | |
| 516 | + | 18 receiving a prescription for a hearing aid. A person age 18 or | |
| 517 | + | 19 older may not waive evaluation by a hearing instrument | |
| 518 | + | 20 professional unless he or she is replacing a lost or stolen | |
| 519 | + | 21 hearing aid that is subject to warranty replacement. | |
| 520 | + | 22 (c) A hearing instrument professional shall not sell | |
| 521 | + | 23 prescription hearing aid to anyone age 18 or older if the | |
| 522 | + | 24 prospective user had a negative finding on the Consumer Ear | |
| 523 | + | 25 Disease Risk Assessment or a similar standardized assessment. | |
| 1141 | 524 | ||
| 1142 | 525 | ||
| 1143 | - | a hearing aid aids. | |
| 1144 | - | (c) Knowledge of the general medical and hearing | |
| 1145 | - | rehabilitation facilities in the area being served. | |
| 1146 | - | (d) Knowledge of the provisions of this Act and the | |
| 1147 | - | rules promulgated hereunder. | |
| 1148 | - | (Source: P.A. 103-495, eff. 1-1-24.) | |
| 1149 | - | Section 95. No acceleration or delay. Where this Act makes | |
| 1150 | - | changes in a statute that is represented in this Act by text | |
| 1151 | - | that is not yet or no longer in effect (for example, a Section | |
| 1152 | - | represented by multiple versions), the use of that text does | |
| 1153 | - | not accelerate or delay the taking effect of (i) the changes | |
| 1154 | - | made by this Act or (ii) provisions derived from any other | |
| 1155 | - | Public Act. | |
| 526 | + | ||
| 527 | + | ||
| 528 | + | ||
| 529 | + | SB0767 Enrolled - 15 - LRB103 03222 BMS 48228 b | |
| 530 | + | ||
| 531 | + | ||
| 532 | + | SB0767 Enrolled- 16 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 16 - LRB103 03222 BMS 48228 b | |
| 533 | + | SB0767 Enrolled - 16 - LRB103 03222 BMS 48228 b | |
| 534 | + | 1 The prospective user who had a negative finding on the | |
| 535 | + | 2 Consumer Ear Disease Risk Assessment or similar standardized | |
| 536 | + | 3 assessment shall present to the hearing instrument | |
| 537 | + | 4 professional a written statement, signed by a licensed | |
| 538 | + | 5 physician, which states that the patient's hearing loss has | |
| 539 | + | 6 been medically evaluated and the patient is considered a | |
| 540 | + | 7 candidate for a prescription hearing aid. The medical | |
| 541 | + | 8 evaluation must have been performed within the 12 months | |
| 542 | + | 9 immediately preceding the date of the sale of the hearing aid | |
| 543 | + | 10 to the prospective hearing aid user. | |
| 544 | + | 11 (d) A hearing aid prescription for individuals age 18 or | |
| 545 | + | 12 older must include, at a minimum, the following information: | |
| 546 | + | 13 (1) name of the patient; | |
| 547 | + | 14 (2) date the prescription is issued; | |
| 548 | + | 15 (3) expiration date of the prescription, which may not | |
| 549 | + | 16 exceed one year from the date of issuance; | |
| 550 | + | 17 (4) name and license number of the prescribing hearing | |
| 551 | + | 18 instrument professional; | |
| 552 | + | 19 (5) results of the following assessments: | |
| 553 | + | 20 (A) hearing handicap inventory or similar | |
| 554 | + | 21 standardized, evidence-based tool; | |
| 555 | + | 22 (B) pure-tone air conduction audiometry; | |
| 556 | + | 23 (C) bone conduction testing or consumer ear | |
| 557 | + | 24 disease risk assessment or a similar standardized | |
| 558 | + | 25 evidence-based tool; | |
| 559 | + | 26 (D) recorded speech in quiet, as medically | |
| 560 | + | ||
| 561 | + | ||
| 562 | + | ||
| 563 | + | ||
| 564 | + | ||
| 565 | + | SB0767 Enrolled - 16 - LRB103 03222 BMS 48228 b | |
| 566 | + | ||
| 567 | + | ||
| 568 | + | SB0767 Enrolled- 17 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 17 - LRB103 03222 BMS 48228 b | |
| 569 | + | SB0767 Enrolled - 17 - LRB103 03222 BMS 48228 b | |
| 570 | + | 1 appropriate; | |
| 571 | + | 2 (E) recorded speech or digits in noise, as | |
| 572 | + | 3 medically medical appropriate; | |
| 573 | + | 4 (6) documentation of type and style of hearing aid; | |
| 574 | + | 5 and | |
| 575 | + | 6 (7) documentation of medical necessity of the | |
| 576 | + | 7 recommended features of a hearing aid. | |
| 577 | + | 8 (Source: P.A. 103-495, eff. 1-1-24.) | |
| 578 | + | 9 (225 ILCS 50/5) (from Ch. 111, par. 7405) | |
| 579 | + | 10 (Text of Section before amendment by P.A. 103-495) | |
| 580 | + | 11 (Section scheduled to be repealed on January 1, 2026) | |
| 581 | + | 12 Sec. 5. License required. No person shall engage in the | |
| 582 | + | 13 selling, practice of testing, fitting, selecting, | |
| 583 | + | 14 recommending, adapting, dispensing, or servicing hearing | |
| 584 | + | 15 instruments or display a sign, advertise, or represent oneself | |
| 585 | + | 16 as a person who practices the fitting or selling of hearing | |
| 586 | + | 17 instruments unless such person holds a current license issued | |
| 587 | + | 18 by the Department as provided in this Act. Such person shall be | |
| 588 | + | 19 known as a licensed hearing instrument dispenser. Individuals | |
| 589 | + | 20 licensed pursuant to the provisions of Section 8 of this Act | |
| 590 | + | 21 shall be deemed qualified to provide tests of human hearing | |
| 591 | + | 22 and hearing instrument evaluations for the purpose of | |
| 592 | + | 23 dispensing a hearing instrument for which any State agency may | |
| 593 | + | 24 contract. The license shall be conspicuously displayed in the | |
| 594 | + | 25 place of business. Duplicate licenses shall be issued by the | |
| 595 | + | ||
| 596 | + | ||
| 597 | + | ||
| 598 | + | ||
| 599 | + | ||
| 600 | + | SB0767 Enrolled - 17 - LRB103 03222 BMS 48228 b | |
| 601 | + | ||
| 602 | + | ||
| 603 | + | SB0767 Enrolled- 18 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 18 - LRB103 03222 BMS 48228 b | |
| 604 | + | SB0767 Enrolled - 18 - LRB103 03222 BMS 48228 b | |
| 605 | + | 1 Department to licensees operating more than one office upon | |
| 606 | + | 2 the additional payment set forth in this Act. No hearing | |
| 607 | + | 3 instrument manufacturer may distribute, sell, or otherwise | |
| 608 | + | 4 provide hearing instruments to any unlicensed hearing care | |
| 609 | + | 5 professional for the purpose of selling hearing instruments to | |
| 610 | + | 6 the consumer. | |
| 611 | + | 7 Except for violations of the provisions of this Act, or | |
| 612 | + | 8 the rules promulgated under it, nothing in this Act shall | |
| 613 | + | 9 prohibit a corporation, partnership, trust, association, or | |
| 614 | + | 10 other entity from engaging in the business of testing, | |
| 615 | + | 11 fitting, servicing, selecting, dispensing, selling, or | |
| 616 | + | 12 offering for sale hearing instruments at retail without a | |
| 617 | + | 13 license, provided it employs only licensed individuals in the | |
| 618 | + | 14 direct testing, fitting, servicing, selecting, offering for | |
| 619 | + | 15 sale, or dispensing of such products. Each such corporation, | |
| 620 | + | 16 partnership, trust, association, or other entity shall file | |
| 621 | + | 17 with the Department, prior to doing business in this State and | |
| 622 | + | 18 by July 1 of each calendar year thereafter, on forms | |
| 623 | + | 19 prescribed by the Department, a list of all licensed hearing | |
| 624 | + | 20 instrument dispensers employed by it and a statement attesting | |
| 625 | + | 21 that it complies with this Act and the rules promulgated under | |
| 626 | + | 22 it and the regulations of the Federal Food and Drug | |
| 627 | + | 23 Administration and the Federal Trade Commission insofar as | |
| 628 | + | 24 they are applicable. | |
| 629 | + | 25 (Source: P.A. 99-204, eff. 7-30-15.) | |
| 630 | + | ||
| 631 | + | ||
| 632 | + | ||
| 633 | + | ||
| 634 | + | ||
| 635 | + | SB0767 Enrolled - 18 - LRB103 03222 BMS 48228 b | |
| 636 | + | ||
| 637 | + | ||
| 638 | + | SB0767 Enrolled- 19 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 19 - LRB103 03222 BMS 48228 b | |
| 639 | + | SB0767 Enrolled - 19 - LRB103 03222 BMS 48228 b | |
| 640 | + | 1 (Text of Section after amendment by P.A. 103-495) | |
| 641 | + | 2 (Section scheduled to be repealed on January 1, 2026) | |
| 642 | + | 3 Sec. 5. License required. No person shall engage in the | |
| 643 | + | 4 selling, practice of testing, fitting, selecting, | |
| 644 | + | 5 recommending, adapting, dispensing, or servicing hearing aids | |
| 645 | + | 6 or display a sign, advertise, or represent oneself as a person | |
| 646 | + | 7 who practices the fitting or selling of hearing aids unless | |
| 647 | + | 8 such person holds a current license issued by the Department | |
| 648 | + | 9 as provided in this Act. Such person shall be known as a | |
| 649 | + | 10 licensed hearing instrument dispenser. Individuals licensed | |
| 650 | + | 11 pursuant to the provisions of Section 8 of this Act shall be | |
| 651 | + | 12 deemed qualified to provide tests of human hearing and hearing | |
| 652 | + | 13 aid evaluations for the purpose of dispensing a hearing aid | |
| 653 | + | 14 for which any State agency may contract. The license shall be | |
| 654 | + | 15 conspicuously displayed in the place of business. Duplicate | |
| 655 | + | 16 licenses shall be issued by the Department to licensees | |
| 656 | + | 17 operating more than one office upon the additional payment set | |
| 657 | + | 18 forth in this Act. No hearing aids manufacturer may | |
| 658 | + | 19 distribute, sell, or otherwise provide hearing aids to any | |
| 659 | + | 20 unlicensed hearing instrument professional for the purpose of | |
| 660 | + | 21 selling hearing aids to the consumer. | |
| 661 | + | 22 Except for violations of the provisions of this Act, or | |
| 662 | + | 23 the rules promulgated under it, nothing in this Act shall | |
| 663 | + | 24 prohibit a corporation, partnership, trust, association, or | |
| 664 | + | 25 other entity from engaging in the business of testing, | |
| 665 | + | 26 fitting, servicing, selecting, dispensing, selling, or | |
| 666 | + | ||
| 667 | + | ||
| 668 | + | ||
| 669 | + | ||
| 670 | + | ||
| 671 | + | SB0767 Enrolled - 19 - LRB103 03222 BMS 48228 b | |
| 672 | + | ||
| 673 | + | ||
| 674 | + | SB0767 Enrolled- 20 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 20 - LRB103 03222 BMS 48228 b | |
| 675 | + | SB0767 Enrolled - 20 - LRB103 03222 BMS 48228 b | |
| 676 | + | 1 offering for sale hearing aids aid at retail without a | |
| 677 | + | 2 license, provided it employs only licensed individuals in the | |
| 678 | + | 3 direct testing, fitting, servicing, selecting, offering for | |
| 679 | + | 4 sale, or dispensing of such products. Each such corporation, | |
| 680 | + | 5 partnership, trust, association, or other entity shall file | |
| 681 | + | 6 with the Department, prior to doing business in this State and | |
| 682 | + | 7 by July 1 of each calendar year thereafter, on forms | |
| 683 | + | 8 prescribed by the Department, a list of all licensed hearing | |
| 684 | + | 9 instrument dispensers employed by it and a statement attesting | |
| 685 | + | 10 that it complies with this Act and the rules promulgated under | |
| 686 | + | 11 it and the regulations of the Federal Food and Drug | |
| 687 | + | 12 Administration and the Federal Trade Commission insofar as | |
| 688 | + | 13 they are applicable. | |
| 689 | + | 14 (Source: P.A. 103-495, eff. 1-1-24.) | |
| 690 | + | 15 (225 ILCS 50/6) (from Ch. 111, par. 7406) | |
| 691 | + | 16 (Text of Section before amendment by P.A. 103-495) | |
| 692 | + | 17 (Section scheduled to be repealed on January 1, 2026) | |
| 693 | + | 18 Sec. 6. Mail order and Internet sales. Nothing in this Act | |
| 694 | + | 19 shall prohibit a corporation, partnership, trust, association, | |
| 695 | + | 20 or other organization, maintaining an established business | |
| 696 | + | 21 address, from engaging in the business of selling or offering | |
| 697 | + | 22 for sale hearing instruments at retail by mail or by Internet | |
| 698 | + | 23 to persons 18 years of age or older who have not been examined | |
| 699 | + | 24 by a licensed physician or tested by a licensed hearing | |
| 700 | + | 25 instrument dispenser provided that: | |
| 701 | + | ||
| 702 | + | ||
| 703 | + | ||
| 704 | + | ||
| 705 | + | ||
| 706 | + | SB0767 Enrolled - 20 - LRB103 03222 BMS 48228 b | |
| 707 | + | ||
| 708 | + | ||
| 709 | + | SB0767 Enrolled- 21 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 21 - LRB103 03222 BMS 48228 b | |
| 710 | + | SB0767 Enrolled - 21 - LRB103 03222 BMS 48228 b | |
| 711 | + | 1 (a) The organization is registered by the Department prior | |
| 712 | + | 2 to engaging in business in this State and has paid the fee set | |
| 713 | + | 3 forth in this Act. | |
| 714 | + | 4 (b) The organization files with the Department, prior to | |
| 715 | + | 5 registration and annually thereafter, a Disclosure Statement | |
| 716 | + | 6 containing the following: | |
| 717 | + | 7 (1) the name under which the organization is doing or | |
| 718 | + | 8 intends to do business and the name of any affiliated | |
| 719 | + | 9 company which the organization recommends or will | |
| 720 | + | 10 recommend to persons as a supplier of goods or services or | |
| 721 | + | 11 in connection with other business transactions of the | |
| 722 | + | 12 organization; | |
| 723 | + | 13 (2) the organization's principal business address and | |
| 724 | + | 14 the name and address of its agent in this State authorized | |
| 725 | + | 15 to receive service of process; | |
| 726 | + | 16 (3) the business form of the organization, whether | |
| 727 | + | 17 corporate, partnership, or otherwise and the state or | |
| 728 | + | 18 other sovereign power under which the organization is | |
| 729 | + | 19 organized; | |
| 730 | + | 20 (4) the names of the directors or persons performing | |
| 731 | + | 21 similar functions and names and addresses of the chief | |
| 732 | + | 22 executive officer, and the financial, accounting, sales, | |
| 733 | + | 23 and other principal executive officers, if the | |
| 734 | + | 24 organization is a corporation, association, or other | |
| 735 | + | 25 similar entity; of all general partners, if the | |
| 736 | + | 26 organization is a partnership; and of the owner, if the | |
| 737 | + | ||
| 738 | + | ||
| 739 | + | ||
| 740 | + | ||
| 741 | + | ||
| 742 | + | SB0767 Enrolled - 21 - LRB103 03222 BMS 48228 b | |
| 743 | + | ||
| 744 | + | ||
| 745 | + | SB0767 Enrolled- 22 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 22 - LRB103 03222 BMS 48228 b | |
| 746 | + | SB0767 Enrolled - 22 - LRB103 03222 BMS 48228 b | |
| 747 | + | 1 organization is a sole proprietorship, together with a | |
| 748 | + | 2 statement of the business background during the past 5 | |
| 749 | + | 3 years for each such person; | |
| 750 | + | 4 (5) a statement as to whether the organization or any | |
| 751 | + | 5 person identified in the disclosure statement: | |
| 752 | + | 6 (i) has during the 5 year period immediately | |
| 753 | + | 7 preceding the date of the disclosure statement been | |
| 754 | + | 8 convicted of a felony, pleaded nolo contendere to a | |
| 755 | + | 9 felony charge, or been held liable in a civil action by | |
| 756 | + | 10 final judgment, if such felony or civil action | |
| 757 | + | 11 involved fraud, embezzlement, or misappropriation of | |
| 758 | + | 12 property, and a description thereof; or | |
| 759 | + | 13 (ii) is subject to any currently effective | |
| 760 | + | 14 injunctive or restrictive order as a result of a | |
| 761 | + | 15 proceeding or pending action brought by any government | |
| 762 | + | 16 agency or department, and a description thereof; or | |
| 763 | + | 17 (iii) is a defendant in any pending criminal or | |
| 764 | + | 18 material civil action relating to fraud, embezzlement, | |
| 765 | + | 19 misappropriation of property or violations of the | |
| 766 | + | 20 antitrust or trade regulation laws of the United | |
| 767 | + | 21 States or any state, and a description thereof; or | |
| 768 | + | 22 (iv) has during the 5 year period immediately | |
| 769 | + | 23 preceding the date of the disclosure statement had | |
| 770 | + | 24 entered against such person or organization a final | |
| 771 | + | 25 judgment in any material civil proceeding, and a | |
| 772 | + | 26 description thereof; or | |
| 773 | + | ||
| 774 | + | ||
| 775 | + | ||
| 776 | + | ||
| 777 | + | ||
| 778 | + | SB0767 Enrolled - 22 - LRB103 03222 BMS 48228 b | |
| 779 | + | ||
| 780 | + | ||
| 781 | + | SB0767 Enrolled- 23 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 23 - LRB103 03222 BMS 48228 b | |
| 782 | + | SB0767 Enrolled - 23 - LRB103 03222 BMS 48228 b | |
| 783 | + | 1 (v) has during the 5 year period immediately | |
| 784 | + | 2 preceding the date of the disclosure statement been | |
| 785 | + | 3 adjudicated a bankrupt or reorganized due to | |
| 786 | + | 4 insolvency or was a principal executive officer or | |
| 787 | + | 5 general partner of any company that has been | |
| 788 | + | 6 adjudicated a bankrupt or reorganized due to | |
| 789 | + | 7 insolvency during such 5 year period, and a | |
| 790 | + | 8 description thereof; | |
| 791 | + | 9 (6) the length of time the organization and any | |
| 792 | + | 10 predecessor of the organization has conducted a business | |
| 793 | + | 11 dealing with hearing instrument goods or services; | |
| 794 | + | 12 (7) a financial statement of the organization as of | |
| 795 | + | 13 the close of the most recent fiscal year of the | |
| 796 | + | 14 organization. If the financial statement is filed later | |
| 797 | + | 15 than 120 days following the close of the fiscal year of the | |
| 798 | + | 16 organization it must be accompanied by a statement of the | |
| 799 | + | 17 organization of any material changes in the financial | |
| 800 | + | 18 condition of the organization; | |
| 801 | + | 19 (8) a general description of the business, including | |
| 802 | + | 20 without limitation a description of the goods, training | |
| 803 | + | 21 programs, supervision, advertising, promotion and other | |
| 804 | + | 22 services provided by the organization; | |
| 805 | + | 23 (9) a statement of any compensation or other benefit | |
| 806 | + | 24 given or promised to a public figure arising, in whole or | |
| 807 | + | 25 in part, from (i) the use of the public figure in the name | |
| 808 | + | 26 or symbol of the organization or (ii) the endorsement or | |
| 809 | + | ||
| 810 | + | ||
| 811 | + | ||
| 812 | + | ||
| 813 | + | ||
| 814 | + | SB0767 Enrolled - 23 - LRB103 03222 BMS 48228 b | |
| 815 | + | ||
| 816 | + | ||
| 817 | + | SB0767 Enrolled- 24 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 24 - LRB103 03222 BMS 48228 b | |
| 818 | + | SB0767 Enrolled - 24 - LRB103 03222 BMS 48228 b | |
| 819 | + | 1 recommendation of the organization by the public figure in | |
| 820 | + | 2 advertisements; | |
| 821 | + | 3 (10) a statement setting forth such additional | |
| 822 | + | 4 information and such comments and explanations relative to | |
| 823 | + | 5 the information contained in the disclosure statement as | |
| 824 | + | 6 the organization may desire to present. | |
| 825 | + | 7 (b-5) If a device being sold does not meet the definition | |
| 826 | + | 8 of a hearing instrument or hearing device as stated in this | |
| 827 | + | 9 Act, the organization shall include a disclaimer in all | |
| 828 | + | 10 written or electronic promotions. The disclaimer shall include | |
| 829 | + | 11 the following language: | |
| 830 | + | 12 "This is not a hearing instrument or hearing aid as | |
| 831 | + | 13 defined in the Hearing Instrument Consumer Protection Act, | |
| 832 | + | 14 but a personal amplifier and not intended to replace a | |
| 833 | + | 15 properly fitted and calibrated hearing instrument.". | |
| 834 | + | 16 (c) The organization files with the Department prior to | |
| 835 | + | 17 registration and annually thereafter a statement that it | |
| 836 | + | 18 complies with the Act, the rules issued pursuant to it, and the | |
| 837 | + | 19 regulations of the Federal Food and Drug Administration and | |
| 838 | + | 20 the Federal Trade Commission insofar as they are applicable. | |
| 839 | + | 21 (d) The organization files with the Department at the time | |
| 840 | + | 22 of registration an irrevocable consent to service of process | |
| 841 | + | 23 authorizing the Department and any of its successors to be | |
| 842 | + | 24 served any notice, process, or pleading in any action or | |
| 843 | + | 25 proceeding against the organization arising out of or in | |
| 844 | + | 26 connection with any violation of this Act. Such service shall | |
| 845 | + | ||
| 846 | + | ||
| 847 | + | ||
| 848 | + | ||
| 849 | + | ||
| 850 | + | SB0767 Enrolled - 24 - LRB103 03222 BMS 48228 b | |
| 851 | + | ||
| 852 | + | ||
| 853 | + | SB0767 Enrolled- 25 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 25 - LRB103 03222 BMS 48228 b | |
| 854 | + | SB0767 Enrolled - 25 - LRB103 03222 BMS 48228 b | |
| 855 | + | 1 have the effect of conferring personal jurisdiction over such | |
| 856 | + | 2 organization in any court of competent jurisdiction. | |
| 857 | + | 3 (e) Before dispensing a hearing instrument to a resident | |
| 858 | + | 4 of this State, the organization informs the prospective users | |
| 859 | + | 5 that they need the following for proper fitting of a hearing | |
| 860 | + | 6 instrument: | |
| 861 | + | 7 (1) the results of an audiogram performed within the | |
| 862 | + | 8 past 6 months by a licensed audiologist or a licensed | |
| 863 | + | 9 hearing instrument dispenser; and | |
| 864 | + | 10 (2) an earmold impression obtained from the | |
| 865 | + | 11 prospective user and taken by a licensed hearing | |
| 866 | + | 12 instrument dispenser or licensed audiologist. | |
| 867 | + | 13 (f) The prospective user receives a medical evaluation or | |
| 868 | + | 14 the organization affords the prospective user an opportunity | |
| 869 | + | 15 to waive the medical evaluation requirement of Section 4 of | |
| 870 | + | 16 this Act and the testing requirement of subsection (z) of | |
| 871 | + | 17 Section 18, provided that the organization: | |
| 872 | + | 18 (1) informs the prospective user that the exercise of | |
| 873 | + | 19 the waiver is not in the user's best health interest; | |
| 874 | + | 20 (2) does not in any way actively encourage the | |
| 875 | + | 21 prospective user to waive the medical evaluation or test; | |
| 876 | + | 22 and | |
| 877 | + | 23 (3) affords the prospective user the option to sign | |
| 878 | + | 24 the following statement: | |
| 879 | + | 25 "I have been advised by .......... (hearing | |
| 880 | + | 26 instrument dispenser's name) that the Food and Drug | |
| 881 | + | ||
| 882 | + | ||
| 883 | + | ||
| 884 | + | ||
| 885 | + | ||
| 886 | + | SB0767 Enrolled - 25 - LRB103 03222 BMS 48228 b | |
| 887 | + | ||
| 888 | + | ||
| 889 | + | SB0767 Enrolled- 26 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 26 - LRB103 03222 BMS 48228 b | |
| 890 | + | SB0767 Enrolled - 26 - LRB103 03222 BMS 48228 b | |
| 891 | + | 1 Administration and the State of Illinois have | |
| 892 | + | 2 determined that my best interest would be served if I | |
| 893 | + | 3 had a medical evaluation by a licensed physician, | |
| 894 | + | 4 preferably a physician who specialized in diseases of | |
| 895 | + | 5 the ear, before purchasing a hearing instrument; or a | |
| 896 | + | 6 test by a licensed audiologist or licensed hearing | |
| 897 | + | 7 instrument dispenser utilizing established procedures | |
| 898 | + | 8 and instrumentation in the fitting of hearing | |
| 899 | + | 9 instruments. I do not wish either a medical evaluation | |
| 900 | + | 10 or test before purchasing a hearing instrument." | |
| 901 | + | 11 (g) Where a sale, lease, or rental of hearing instruments | |
| 902 | + | 12 is sold or contracted to be sold to a consumer by mail order, | |
| 903 | + | 13 the consumer may void the contract or sale by notifying the | |
| 904 | + | 14 seller within 45 business days following that day on which the | |
| 905 | + | 15 hearing instruments were mailed by the seller to the consumer | |
| 906 | + | 16 and by returning to the seller in its original condition any | |
| 907 | + | 17 hearing instrument delivered to the consumer under the | |
| 908 | + | 18 contract or sale. At the time the hearing instrument is | |
| 909 | + | 19 mailed, the seller shall furnish the consumer with a fully | |
| 910 | + | 20 completed receipt or copy of any contract pertaining to the | |
| 911 | + | 21 sale that contains a "Notice of Cancellation" informing the | |
| 912 | + | 22 consumer that he or she may cancel the sale at any time within | |
| 913 | + | 23 45 business days and disclosing the date of the mailing and the | |
| 914 | + | 24 name, address, and telephone number of the seller. In | |
| 915 | + | 25 immediate proximity to the space reserved in the contract for | |
| 916 | + | 26 the signature of the consumer, or on the front page of the | |
| 917 | + | ||
| 918 | + | ||
| 919 | + | ||
| 920 | + | ||
| 921 | + | ||
| 922 | + | SB0767 Enrolled - 26 - LRB103 03222 BMS 48228 b | |
| 923 | + | ||
| 924 | + | ||
| 925 | + | SB0767 Enrolled- 27 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 27 - LRB103 03222 BMS 48228 b | |
| 926 | + | SB0767 Enrolled - 27 - LRB103 03222 BMS 48228 b | |
| 927 | + | 1 receipt if a contract is not used, and in bold face type of a | |
| 928 | + | 2 minimum size of 10 points, there shall be a statement in | |
| 929 | + | 3 substantially the following form: | |
| 930 | + | 4 "You, the buyer, may cancel this transaction at any | |
| 931 | + | 5 time prior to midnight of the 45th business day after the | |
| 932 | + | 6 date of this transaction. See the attached notice of | |
| 933 | + | 7 cancellation form for an explanation of this right." | |
| 934 | + | 8 Attached to the receipt or contract shall be a completed | |
| 935 | + | 9 form in duplicate, captioned "NOTICE OF CANCELLATION" which | |
| 936 | + | 10 shall be easily detachable and which shall contain in at least | |
| 937 | + | 11 10 point bold face type the following information and | |
| 938 | + | 12 statements in the same language as that used in the contract: | |
| 939 | + | 13 "NOTICE OF CANCELLATION | |
| 940 | + | 14 enter date of transaction | |
| 941 | + | 15 ......................... | |
| 942 | + | 16 (DATE) | |
| 943 | + | 17 YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | |
| 944 | + | 18 OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | |
| 945 | + | 19 IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | |
| 946 | + | 20 BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | |
| 947 | + | 21 RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | |
| 948 | + | 22 WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | |
| 949 | + | 23 THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | |
| 950 | + | 24 PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | |
| 951 | + | 25 ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | |
| 952 | + | 26 IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | |
| 953 | + | ||
| 954 | + | ||
| 955 | + | ||
| 956 | + | ||
| 957 | + | ||
| 958 | + | SB0767 Enrolled - 27 - LRB103 03222 BMS 48228 b | |
| 959 | + | ||
| 960 | + | ||
| 961 | + | SB0767 Enrolled- 28 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 28 - LRB103 03222 BMS 48228 b | |
| 962 | + | SB0767 Enrolled - 28 - LRB103 03222 BMS 48228 b | |
| 963 | + | 1 SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | |
| 964 | + | 2 DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | |
| 965 | + | 3 TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | |
| 966 | + | 4 AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | |
| 967 | + | 5 WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | |
| 968 | + | 6 AT (address of seller's place of business) AND (seller's | |
| 969 | + | 7 telephone number) NO LATER THAN MIDNIGHT OF | |
| 970 | + | 8 ...........(date). | |
| 971 | + | 9 I HEREBY CANCEL THIS TRANSACTION. | |
| 972 | + | 10 (Date)............ | |
| 973 | + | 11 .................. | |
| 974 | + | 12 (Buyers Signature)" | |
| 975 | + | 13 The written "Notice of Cancellation" may be sent by the | |
| 976 | + | 14 consumer to the seller to cancel the contract. The 45-day | |
| 977 | + | 15 period does not commence until the consumer is furnished the | |
| 978 | + | 16 Notice of Cancellation and the address and phone number at | |
| 979 | + | 17 which such notice to the seller can be given. | |
| 980 | + | 18 If the conditions of this Section are met, the seller must | |
| 981 | + | 19 return to the consumer the amount of any payment made or | |
| 982 | + | 20 consideration given under the contract or for the merchandise | |
| 983 | + | 21 less a nonrefundable restocking fee. | |
| 984 | + | 22 It is an unlawful practice for a seller to: (1) hold a | |
| 985 | + | 23 consumer responsible for any liability or obligation under any | |
| 986 | + | 24 mail order transaction if the consumer claims not to have | |
| 987 | + | 25 received the merchandise unless the merchandise was sent by | |
| 988 | + | 26 certified mail or other delivery method by which the seller is | |
| 989 | + | ||
| 990 | + | ||
| 991 | + | ||
| 992 | + | ||
| 993 | + | ||
| 994 | + | SB0767 Enrolled - 28 - LRB103 03222 BMS 48228 b | |
| 995 | + | ||
| 996 | + | ||
| 997 | + | SB0767 Enrolled- 29 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 29 - LRB103 03222 BMS 48228 b | |
| 998 | + | SB0767 Enrolled - 29 - LRB103 03222 BMS 48228 b | |
| 999 | + | 1 provided with proof of delivery; (2) fail, before furnishing | |
| 1000 | + | 2 copies of the "Notice of Cancellation" to the consumer, to | |
| 1001 | + | 3 complete both copies by entering the name of the seller, the | |
| 1002 | + | 4 address of the seller's place of business, the seller's | |
| 1003 | + | 5 telephone number, the date of the mailing, and the date, not | |
| 1004 | + | 6 earlier than the 45th business day following the date of the | |
| 1005 | + | 7 mailing, by which the consumer may give notice of | |
| 1006 | + | 8 cancellation; (3) include in any contract or receipt any | |
| 1007 | + | 9 confession of judgment or any waiver of any of the rights to | |
| 1008 | + | 10 which the consumer is entitled under this Section including | |
| 1009 | + | 11 specifically his right to cancel the sale in accordance with | |
| 1010 | + | 12 the provisions of this Section; (4) misrepresent in any manner | |
| 1011 | + | 13 the consumer's right to cancel; (5) use any undue influence, | |
| 1012 | + | 14 coercion, or any other wilful act or representation to | |
| 1013 | + | 15 interfere with the consumer's exercise of his rights under | |
| 1014 | + | 16 this Section; (6) fail or refuse to honor any valid notice of | |
| 1015 | + | 17 cancellation and return of merchandise by a consumer and, | |
| 1016 | + | 18 within 10 business days after the receipt of such notice and | |
| 1017 | + | 19 merchandise pertaining to such transaction, to (i) refund | |
| 1018 | + | 20 payments made under the contract or sale, (ii) return any | |
| 1019 | + | 21 goods or property traded in, in substantially as good | |
| 1020 | + | 22 condition as when received by the person, (iii) cancel and | |
| 1021 | + | 23 return any negotiable instrument executed by the consumer in | |
| 1022 | + | 24 connection with the contract or sale and take any action | |
| 1023 | + | 25 necessary or appropriate to terminate promptly any security | |
| 1024 | + | 26 interest created in the transaction; (7) negotiate, transfer, | |
| 1025 | + | ||
| 1026 | + | ||
| 1027 | + | ||
| 1028 | + | ||
| 1029 | + | ||
| 1030 | + | SB0767 Enrolled - 29 - LRB103 03222 BMS 48228 b | |
| 1031 | + | ||
| 1032 | + | ||
| 1033 | + | SB0767 Enrolled- 30 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 30 - LRB103 03222 BMS 48228 b | |
| 1034 | + | SB0767 Enrolled - 30 - LRB103 03222 BMS 48228 b | |
| 1035 | + | 1 sell, or assign any note or other evidence of indebtedness to a | |
| 1036 | + | 2 finance company or other third party prior to the 50th | |
| 1037 | + | 3 business day following the day of the mailing; or (8) fail to | |
| 1038 | + | 4 provide the consumer of a hearing instrument with written | |
| 1039 | + | 5 information stating the name, address, and telephone number of | |
| 1040 | + | 6 the Department and informing the consumer that complaints | |
| 1041 | + | 7 regarding hearing instrument goods or services may be made to | |
| 1042 | + | 8 the Department. | |
| 1043 | + | 9 (h) The organization employs only licensed hearing | |
| 1044 | + | 10 instrument dispensers in the dispensing of hearing instruments | |
| 1045 | + | 11 and files with the Department, by January 1 of each year, a | |
| 1046 | + | 12 list of all licensed hearing instrument dispensers employed by | |
| 1047 | + | 13 it. | |
| 1048 | + | 14 (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.) | |
| 1049 | + | 15 (Text of Section after amendment by P.A. 103-495) | |
| 1050 | + | 16 (Section scheduled to be repealed on January 1, 2026) | |
| 1051 | + | 17 Sec. 6. Mail order and Internet sales. Nothing in this Act | |
| 1052 | + | 18 shall prohibit a corporation, partnership, trust, association, | |
| 1053 | + | 19 or other organization, maintaining an established business | |
| 1054 | + | 20 address, from engaging in the business of selling or offering | |
| 1055 | + | 21 for sale hearing aids at retail by mail or by Internet to | |
| 1056 | + | 22 persons 18 years of age or older who have not been examined by | |
| 1057 | + | 23 a licensed physician or tested by a licensed hearing | |
| 1058 | + | 24 instrument professional provided that: | |
| 1059 | + | 25 (a) The organization is registered by the Department prior | |
| 1060 | + | ||
| 1061 | + | ||
| 1062 | + | ||
| 1063 | + | ||
| 1064 | + | ||
| 1065 | + | SB0767 Enrolled - 30 - LRB103 03222 BMS 48228 b | |
| 1066 | + | ||
| 1067 | + | ||
| 1068 | + | SB0767 Enrolled- 31 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 31 - LRB103 03222 BMS 48228 b | |
| 1069 | + | SB0767 Enrolled - 31 - LRB103 03222 BMS 48228 b | |
| 1070 | + | 1 to engaging in business in this State and has paid the fee set | |
| 1071 | + | 2 forth in this Act. | |
| 1072 | + | 3 (b) The organization files with the Department, prior to | |
| 1073 | + | 4 registration and annually thereafter, a Disclosure Statement | |
| 1074 | + | 5 containing the following: | |
| 1075 | + | 6 (1) the name under which the organization is doing or | |
| 1076 | + | 7 intends to do business and the name of any affiliated | |
| 1077 | + | 8 company which the organization recommends or will | |
| 1078 | + | 9 recommend to persons as a supplier of goods or services or | |
| 1079 | + | 10 in connection with other business transactions of the | |
| 1080 | + | 11 organization; | |
| 1081 | + | 12 (2) the organization's principal business address and | |
| 1082 | + | 13 the name and address of its agent in this State authorized | |
| 1083 | + | 14 to receive service of process; | |
| 1084 | + | 15 (3) the business form of the organization, whether | |
| 1085 | + | 16 corporate, partnership, or otherwise and the state or | |
| 1086 | + | 17 other sovereign power under which the organization is | |
| 1087 | + | 18 organized; | |
| 1088 | + | 19 (4) the names of the directors or persons performing | |
| 1089 | + | 20 similar functions and names and addresses of the chief | |
| 1090 | + | 21 executive officer, and the financial, accounting, sales, | |
| 1091 | + | 22 and other principal executive officers, if the | |
| 1092 | + | 23 organization is a corporation, association, or other | |
| 1093 | + | 24 similar entity; of all general partners, if the | |
| 1094 | + | 25 organization is a partnership; and of the owner, if the | |
| 1095 | + | 26 organization is a sole proprietorship, together with a | |
| 1096 | + | ||
| 1097 | + | ||
| 1098 | + | ||
| 1099 | + | ||
| 1100 | + | ||
| 1101 | + | SB0767 Enrolled - 31 - LRB103 03222 BMS 48228 b | |
| 1102 | + | ||
| 1103 | + | ||
| 1104 | + | SB0767 Enrolled- 32 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 32 - LRB103 03222 BMS 48228 b | |
| 1105 | + | SB0767 Enrolled - 32 - LRB103 03222 BMS 48228 b | |
| 1106 | + | 1 statement of the business background during the past 5 | |
| 1107 | + | 2 years for each such person; | |
| 1108 | + | 3 (5) a statement as to whether the organization or any | |
| 1109 | + | 4 person identified in the disclosure statement: | |
| 1110 | + | 5 (i) has during the 5-year period immediately | |
| 1111 | + | 6 preceding the date of the disclosure statement been | |
| 1112 | + | 7 convicted of a felony, pleaded nolo contendere to a | |
| 1113 | + | 8 felony charge, or been held liable in a civil action by | |
| 1114 | + | 9 final judgment, if such felony or civil action | |
| 1115 | + | 10 involved fraud, embezzlement, or misappropriation of | |
| 1116 | + | 11 property, and a description thereof; or | |
| 1117 | + | 12 (ii) is subject to any currently effective | |
| 1118 | + | 13 injunctive or restrictive order as a result of a | |
| 1119 | + | 14 proceeding or pending action brought by any government | |
| 1120 | + | 15 agency or department, and a description thereof; or | |
| 1121 | + | 16 (iii) is a defendant in any pending criminal or | |
| 1122 | + | 17 material civil action relating to fraud, embezzlement, | |
| 1123 | + | 18 misappropriation of property or violations of the | |
| 1124 | + | 19 antitrust or trade regulation laws of the United | |
| 1125 | + | 20 States or any state, and a description thereof; or | |
| 1126 | + | 21 (iv) has during the 5-year period immediately | |
| 1127 | + | 22 preceding the date of the disclosure statement had | |
| 1128 | + | 23 entered against such person or organization a final | |
| 1129 | + | 24 judgment in any material civil proceeding, and a | |
| 1130 | + | 25 description thereof; or | |
| 1131 | + | 26 (v) has during the 5-year period immediately | |
| 1132 | + | ||
| 1133 | + | ||
| 1134 | + | ||
| 1135 | + | ||
| 1136 | + | ||
| 1137 | + | SB0767 Enrolled - 32 - LRB103 03222 BMS 48228 b | |
| 1138 | + | ||
| 1139 | + | ||
| 1140 | + | SB0767 Enrolled- 33 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 33 - LRB103 03222 BMS 48228 b | |
| 1141 | + | SB0767 Enrolled - 33 - LRB103 03222 BMS 48228 b | |
| 1142 | + | 1 preceding the date of the disclosure statement been | |
| 1143 | + | 2 adjudicated a bankrupt or reorganized due to | |
| 1144 | + | 3 insolvency or was a principal executive officer or | |
| 1145 | + | 4 general partner of any company that has been | |
| 1146 | + | 5 adjudicated a bankrupt or reorganized due to | |
| 1147 | + | 6 insolvency during such 5-year period, and a | |
| 1148 | + | 7 description thereof; | |
| 1149 | + | 8 (6) the length of time the organization and any | |
| 1150 | + | 9 predecessor of the organization has conducted a business | |
| 1151 | + | 10 dealing with hearing aid goods or services; | |
| 1152 | + | 11 (7) a financial statement of the organization as of | |
| 1153 | + | 12 the close of the most recent fiscal year of the | |
| 1154 | + | 13 organization. If the financial statement is filed later | |
| 1155 | + | 14 than 120 days following the close of the fiscal year of the | |
| 1156 | + | 15 organization it must be accompanied by a statement of the | |
| 1157 | + | 16 organization of any material changes in the financial | |
| 1158 | + | 17 condition of the organization; | |
| 1159 | + | 18 (8) a general description of the business, including | |
| 1160 | + | 19 without limitation a description of the goods, training | |
| 1161 | + | 20 programs, supervision, advertising, promotion and other | |
| 1162 | + | 21 services provided by the organization; | |
| 1163 | + | 22 (9) a statement of any compensation or other benefit | |
| 1164 | + | 23 given or promised to a public figure arising, in whole or | |
| 1165 | + | 24 in part, from (i) the use of the public figure in the name | |
| 1166 | + | 25 or symbol of the organization or (ii) the endorsement or | |
| 1167 | + | 26 recommendation of the organization by the public figure in | |
| 1168 | + | ||
| 1169 | + | ||
| 1170 | + | ||
| 1171 | + | ||
| 1172 | + | ||
| 1173 | + | SB0767 Enrolled - 33 - LRB103 03222 BMS 48228 b | |
| 1174 | + | ||
| 1175 | + | ||
| 1176 | + | SB0767 Enrolled- 34 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 34 - LRB103 03222 BMS 48228 b | |
| 1177 | + | SB0767 Enrolled - 34 - LRB103 03222 BMS 48228 b | |
| 1178 | + | 1 advertisements; | |
| 1179 | + | 2 (10) a statement setting forth such additional | |
| 1180 | + | 3 information and such comments and explanations relative to | |
| 1181 | + | 4 the information contained in the disclosure statement as | |
| 1182 | + | 5 the organization may desire to present. | |
| 1183 | + | 6 (b-5) If a device being sold does not meet the definition | |
| 1184 | + | 7 of an over-the-counter hearing aid or a prescription hearing | |
| 1185 | + | 8 aid, as stated in this Act, the organization shall include a | |
| 1186 | + | 9 disclaimer in all written or electronic promotions. The | |
| 1187 | + | 10 disclaimer shall include the following language: | |
| 1188 | + | 11 "This is not a hearing instrument or hearing aid as | |
| 1189 | + | 12 defined in the Hearing Instrument Consumer Protection Act, | |
| 1190 | + | 13 but a personal sound amplification product and not | |
| 1191 | + | 14 intended to replace a properly fitted and calibrated | |
| 1192 | + | 15 hearing aid or treat hearing loss.". | |
| 1193 | + | 16 (c) The organization files with the Department prior to | |
| 1194 | + | 17 registration and annually thereafter a statement that it | |
| 1195 | + | 18 complies with the Act, the rules issued pursuant to it, and the | |
| 1196 | + | 19 regulations of the Federal Food and Drug Administration and | |
| 1197 | + | 20 the Federal Trade Commission insofar as they are applicable. | |
| 1198 | + | 21 (d) The organization files with the Department at the time | |
| 1199 | + | 22 of registration an irrevocable consent to service of process | |
| 1200 | + | 23 authorizing the Department and any of its successors to be | |
| 1201 | + | 24 served any notice, process, or pleading in any action or | |
| 1202 | + | 25 proceeding against the organization arising out of or in | |
| 1203 | + | 26 connection with any violation of this Act. Such service shall | |
| 1204 | + | ||
| 1205 | + | ||
| 1206 | + | ||
| 1207 | + | ||
| 1208 | + | ||
| 1209 | + | SB0767 Enrolled - 34 - LRB103 03222 BMS 48228 b | |
| 1210 | + | ||
| 1211 | + | ||
| 1212 | + | SB0767 Enrolled- 35 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 35 - LRB103 03222 BMS 48228 b | |
| 1213 | + | SB0767 Enrolled - 35 - LRB103 03222 BMS 48228 b | |
| 1214 | + | 1 have the effect of conferring personal jurisdiction over such | |
| 1215 | + | 2 organization in any court of competent jurisdiction. | |
| 1216 | + | 3 (e) Before dispensing a hearing aid by mail or over the | |
| 1217 | + | 4 Internet to a resident of this State, the organization informs | |
| 1218 | + | 5 (i) the parent or guardian of a person age 17 or younger that | |
| 1219 | + | 6 he or she must obtain a prescription issued by a licensed | |
| 1220 | + | 7 audiologist or licensed physician that meets the requirements | |
| 1221 | + | 8 of Section 4.5 or (ii) a person age 18 or older that he or she | |
| 1222 | + | 9 must obtain a prescription issued by a hearing instrument | |
| 1223 | + | 10 professional that meets the requirements of Section 4.6. | |
| 1224 | + | 11 (f) (Blank).: | |
| 1225 | + | 12 (g) Where a sale, lease, or rental of prescription hearing | |
| 1226 | + | 13 aids are sold or contracted to be sold to a consumer by mail | |
| 1227 | + | 14 order or via the Internet, the consumer may void the contract | |
| 1228 | + | 15 or sale by notifying the seller within 45 business days | |
| 1229 | + | 16 following that day on which the hearing aids were mailed by the | |
| 1230 | + | 17 seller to the consumer and by returning to the seller in its | |
| 1231 | + | 18 original condition any hearing aids delivered to the consumer | |
| 1232 | + | 19 under the contract or sale. At the time the hearing aid is | |
| 1233 | + | 20 mailed, the seller shall furnish the consumer with a fully | |
| 1234 | + | 21 completed receipt or copy of any contract pertaining to the | |
| 1235 | + | 22 sale that contains a "Notice of Cancellation" informing the | |
| 1236 | + | 23 consumer that he or she may cancel the sale at any time within | |
| 1237 | + | 24 45 business days and disclosing the date of the mailing and the | |
| 1238 | + | 25 name, address, and telephone number of the seller. In | |
| 1239 | + | 26 immediate proximity to the space reserved in the contract for | |
| 1240 | + | ||
| 1241 | + | ||
| 1242 | + | ||
| 1243 | + | ||
| 1244 | + | ||
| 1245 | + | SB0767 Enrolled - 35 - LRB103 03222 BMS 48228 b | |
| 1246 | + | ||
| 1247 | + | ||
| 1248 | + | SB0767 Enrolled- 36 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 36 - LRB103 03222 BMS 48228 b | |
| 1249 | + | SB0767 Enrolled - 36 - LRB103 03222 BMS 48228 b | |
| 1250 | + | 1 the signature of the consumer, or on the front page of the | |
| 1251 | + | 2 receipt if a contract is not used, and in bold face type of a | |
| 1252 | + | 3 minimum size of 10 points, there shall be a statement in | |
| 1253 | + | 4 substantially the following form: | |
| 1254 | + | 5 "You, the buyer, may cancel this transaction at any | |
| 1255 | + | 6 time prior to midnight of the 45th business day after the | |
| 1256 | + | 7 date of this transaction. See the attached notice of | |
| 1257 | + | 8 cancellation form for an explanation of this right." | |
| 1258 | + | 9 Attached to the receipt or contract shall be a completed | |
| 1259 | + | 10 form in duplicate, captioned "NOTICE OF CANCELLATION" which | |
| 1260 | + | 11 shall be easily detachable and which shall contain in at least | |
| 1261 | + | 12 10 point bold face type the following information and | |
| 1262 | + | 13 statements in the same language as that used in the contract: | |
| 1263 | + | 14 "NOTICE OF CANCELLATION | |
| 1264 | + | 15 enter date of transaction | |
| 1265 | + | 16 ......................... | |
| 1266 | + | 17 (DATE) | |
| 1267 | + | 18 YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | |
| 1268 | + | 19 OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | |
| 1269 | + | 20 IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | |
| 1270 | + | 21 BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | |
| 1271 | + | 22 RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | |
| 1272 | + | 23 WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | |
| 1273 | + | 24 THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | |
| 1274 | + | 25 PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | |
| 1275 | + | 26 ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | |
| 1276 | + | ||
| 1277 | + | ||
| 1278 | + | ||
| 1279 | + | ||
| 1280 | + | ||
| 1281 | + | SB0767 Enrolled - 36 - LRB103 03222 BMS 48228 b | |
| 1282 | + | ||
| 1283 | + | ||
| 1284 | + | SB0767 Enrolled- 37 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 37 - LRB103 03222 BMS 48228 b | |
| 1285 | + | SB0767 Enrolled - 37 - LRB103 03222 BMS 48228 b | |
| 1286 | + | 1 IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | |
| 1287 | + | 2 SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | |
| 1288 | + | 3 DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | |
| 1289 | + | 4 TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | |
| 1290 | + | 5 AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | |
| 1291 | + | 6 WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | |
| 1292 | + | 7 AT (address of seller's place of business) AND (seller's | |
| 1293 | + | 8 telephone number) NO LATER THAN MIDNIGHT OF | |
| 1294 | + | 9 ...........(date). | |
| 1295 | + | 10 I HEREBY CANCEL THIS TRANSACTION. | |
| 1296 | + | 11 (Date)............ | |
| 1297 | + | 12 .................. | |
| 1298 | + | 13 (Buyers Signature)" | |
| 1299 | + | 14 The written "Notice of Cancellation" may be sent by the | |
| 1300 | + | 15 consumer to the seller to cancel the contract. The 45-day | |
| 1301 | + | 16 period does not commence until the consumer is furnished the | |
| 1302 | + | 17 Notice of Cancellation and the address and phone number at | |
| 1303 | + | 18 which such notice to the seller can be given. | |
| 1304 | + | 19 If the conditions of this Section are met, the seller must | |
| 1305 | + | 20 return to the consumer the amount of any payment made or | |
| 1306 | + | 21 consideration given under the contract or for the merchandise | |
| 1307 | + | 22 less a nonrefundable restocking fee. | |
| 1308 | + | 23 It is an unlawful practice for a seller to: (1) hold a | |
| 1309 | + | 24 consumer responsible for any liability or obligation under any | |
| 1310 | + | 25 mail order transaction if the consumer claims not to have | |
| 1311 | + | 26 received the merchandise unless the merchandise was sent by | |
| 1312 | + | ||
| 1313 | + | ||
| 1314 | + | ||
| 1315 | + | ||
| 1316 | + | ||
| 1317 | + | SB0767 Enrolled - 37 - LRB103 03222 BMS 48228 b | |
| 1318 | + | ||
| 1319 | + | ||
| 1320 | + | SB0767 Enrolled- 38 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 38 - LRB103 03222 BMS 48228 b | |
| 1321 | + | SB0767 Enrolled - 38 - LRB103 03222 BMS 48228 b | |
| 1322 | + | 1 certified mail or other delivery method by which the seller is | |
| 1323 | + | 2 provided with proof of delivery; (2) fail, before furnishing | |
| 1324 | + | 3 copies of the "Notice of Cancellation" to the consumer, to | |
| 1325 | + | 4 complete both copies by entering the name of the seller, the | |
| 1326 | + | 5 address of the seller's place of business, the seller's | |
| 1327 | + | 6 telephone number, the date of the mailing, and the date, not | |
| 1328 | + | 7 earlier than the 45th business day following the date of the | |
| 1329 | + | 8 mailing, by which the consumer may give notice of | |
| 1330 | + | 9 cancellation; (3) include in any contract or receipt any | |
| 1331 | + | 10 confession of judgment or any waiver of any of the rights to | |
| 1332 | + | 11 which the consumer is entitled under this Section including | |
| 1333 | + | 12 specifically his right to cancel the sale in accordance with | |
| 1334 | + | 13 the provisions of this Section; (4) misrepresent in any manner | |
| 1335 | + | 14 the consumer's right to cancel; (5) use any undue influence, | |
| 1336 | + | 15 coercion, or any other wilful act or representation to | |
| 1337 | + | 16 interfere with the consumer's exercise of his rights under | |
| 1338 | + | 17 this Section; (6) fail or refuse to honor any valid notice of | |
| 1339 | + | 18 cancellation and return of merchandise by a consumer and, | |
| 1340 | + | 19 within 10 business days after the receipt of such notice and | |
| 1341 | + | 20 merchandise pertaining to such transaction, to (i) refund | |
| 1342 | + | 21 payments made under the contract or sale, (ii) return any | |
| 1343 | + | 22 goods or property traded in, in substantially as good | |
| 1344 | + | 23 condition as when received by the person, (iii) cancel and | |
| 1345 | + | 24 return any negotiable instrument executed by the consumer in | |
| 1346 | + | 25 connection with the contract or sale and take any action | |
| 1347 | + | 26 necessary or appropriate to terminate promptly any security | |
| 1348 | + | ||
| 1349 | + | ||
| 1350 | + | ||
| 1351 | + | ||
| 1352 | + | ||
| 1353 | + | SB0767 Enrolled - 38 - LRB103 03222 BMS 48228 b | |
| 1354 | + | ||
| 1355 | + | ||
| 1356 | + | SB0767 Enrolled- 39 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 39 - LRB103 03222 BMS 48228 b | |
| 1357 | + | SB0767 Enrolled - 39 - LRB103 03222 BMS 48228 b | |
| 1358 | + | 1 interest created in the transaction; (7) negotiate, transfer, | |
| 1359 | + | 2 sell, or assign any note or other evidence of indebtedness to a | |
| 1360 | + | 3 finance company or other third party prior to the 50th | |
| 1361 | + | 4 business day following the day of the mailing; or (8) fail to | |
| 1362 | + | 5 provide the consumer of a hearing aid with written information | |
| 1363 | + | 6 stating the name, address, and telephone number of the | |
| 1364 | + | 7 Department and informing the consumer that complaints | |
| 1365 | + | 8 regarding hearing aid goods or services may be made to the | |
| 1366 | + | 9 Department. | |
| 1367 | + | 10 (h) The organization employs only licensed hearing | |
| 1368 | + | 11 instrument professionals in the dispensing of hearing aids and | |
| 1369 | + | 12 files with the Department, by January 1 of each year, a list of | |
| 1370 | + | 13 all licensed hearing instrument professionals employed by it. | |
| 1371 | + | 14 (Source: P.A. 103-495, eff. 1-1-24.) | |
| 1372 | + | 15 (225 ILCS 50/9) (from Ch. 111, par. 7409) | |
| 1373 | + | 16 (Text of Section before amendment by P.A. 103-495) | |
| 1374 | + | 17 (Section scheduled to be repealed on January 1, 2026) | |
| 1375 | + | 18 Sec. 9. Areas of examination. The examination required by | |
| 1376 | + | 19 Section 8 shall be set forth by rule and demonstrate the | |
| 1377 | + | 20 applicant's technical qualifications by: | |
| 1378 | + | 21 (a) Tests of knowledge in the following areas as they | |
| 1379 | + | 22 pertain to the testing, selecting, recommending, fitting, | |
| 1380 | + | 23 and selling of hearing instruments: | |
| 1381 | + | 24 (1) characteristics of sound; | |
| 1382 | + | 25 (2) the nature of the ear; and | |
| 1383 | + | ||
| 1384 | + | ||
| 1385 | + | ||
| 1386 | + | ||
| 1387 | + | ||
| 1388 | + | SB0767 Enrolled - 39 - LRB103 03222 BMS 48228 b | |
| 1389 | + | ||
| 1390 | + | ||
| 1391 | + | SB0767 Enrolled- 40 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 40 - LRB103 03222 BMS 48228 b | |
| 1392 | + | SB0767 Enrolled - 40 - LRB103 03222 BMS 48228 b | |
| 1393 | + | 1 (3) the function and maintenance of hearing | |
| 1394 | + | 2 instruments. | |
| 1395 | + | 3 (b) Practical tests of proficiency in techniques as | |
| 1396 | + | 4 they pertain to the fitting of hearing instruments shall | |
| 1397 | + | 5 be prescribed by the Department, set forth by rule, and | |
| 1398 | + | 6 include candidate qualifications in the following areas: | |
| 1399 | + | 7 (1) pure tone audiometry including air conduction | |
| 1400 | + | 8 testing and bone conduction testing; | |
| 1401 | + | 9 (2) live voice or recorded voice speech | |
| 1402 | + | 10 audiometry, including speech reception, threshold | |
| 1403 | + | 11 testing and speech discrimination testing; | |
| 1404 | + | 12 (3) masking; | |
| 1405 | + | 13 (4) proper selection and adaptation of a hearing | |
| 1406 | + | 14 instrument; | |
| 1407 | + | 15 (5) taking earmold impressions; | |
| 1408 | + | 16 (6) proper maintenance procedures; and | |
| 1409 | + | 17 (7) a general knowledge of the medical and | |
| 1410 | + | 18 physical contra-indications to the use and fitting of | |
| 1411 | + | 19 a hearing instrument. | |
| 1412 | + | 20 (c) Knowledge of the general medical and hearing | |
| 1413 | + | 21 rehabilitation facilities in the area being served. | |
| 1414 | + | 22 (d) Knowledge of the provisions of this Act and the | |
| 1415 | + | 23 rules promulgated hereunder. | |
| 1416 | + | 24 (Source: P.A. 96-683, eff. 1-1-10.) | |
| 1417 | + | 25 (Text of Section after amendment by P.A. 103-495) | |
| 1418 | + | ||
| 1419 | + | ||
| 1420 | + | ||
| 1421 | + | ||
| 1422 | + | ||
| 1423 | + | SB0767 Enrolled - 40 - LRB103 03222 BMS 48228 b | |
| 1424 | + | ||
| 1425 | + | ||
| 1426 | + | SB0767 Enrolled- 41 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 41 - LRB103 03222 BMS 48228 b | |
| 1427 | + | SB0767 Enrolled - 41 - LRB103 03222 BMS 48228 b | |
| 1428 | + | 1 (Section scheduled to be repealed on January 1, 2026) | |
| 1429 | + | 2 Sec. 9. Areas of examination. The examination required by | |
| 1430 | + | 3 Section 8 shall be set forth by rule and demonstrate the | |
| 1431 | + | 4 applicant's technical qualifications by: | |
| 1432 | + | 5 (a) Tests of knowledge in the following areas as they | |
| 1433 | + | 6 pertain to the testing, selecting, recommending, fitting, | |
| 1434 | + | 7 and selling of hearing aids: | |
| 1435 | + | 8 (1) characteristics of sound; | |
| 1436 | + | 9 (2) the nature of the ear; and | |
| 1437 | + | 10 (3) the function and maintenance of hearing aids. | |
| 1438 | + | 11 (b) Practical tests of proficiency in techniques as | |
| 1439 | + | 12 they pertain to the fitting of hearing aids shall be | |
| 1440 | + | 13 prescribed by the Department, set forth by rule, and | |
| 1441 | + | 14 include candidate qualifications in the following areas: | |
| 1442 | + | 15 (1) pure-tone pure tone audiometry including air | |
| 1443 | + | 16 conduction testing and bone conduction testing; | |
| 1444 | + | 17 (2) live voice or recorded voice speech | |
| 1445 | + | 18 audiometry, including speech reception, threshold | |
| 1446 | + | 19 testing and speech discrimination testing; | |
| 1447 | + | 20 (3) masking; | |
| 1448 | + | 21 (4) proper selection and adaptation of a hearing | |
| 1449 | + | 22 instrument; | |
| 1450 | + | 23 (5) taking earmold impressions; | |
| 1451 | + | 24 (6) proper maintenance procedures; and | |
| 1452 | + | 25 (7) a general knowledge of the medical and | |
| 1453 | + | 26 physical contra-indications to the use and fitting of | |
| 1454 | + | ||
| 1455 | + | ||
| 1456 | + | ||
| 1457 | + | ||
| 1458 | + | ||
| 1459 | + | SB0767 Enrolled - 41 - LRB103 03222 BMS 48228 b | |
| 1460 | + | ||
| 1461 | + | ||
| 1462 | + | SB0767 Enrolled- 42 -LRB103 03222 BMS 48228 b SB0767 Enrolled - 42 - LRB103 03222 BMS 48228 b | |
| 1463 | + | SB0767 Enrolled - 42 - LRB103 03222 BMS 48228 b | |
| 1464 | + | 1 a hearing aid aids. | |
| 1465 | + | 2 (c) Knowledge of the general medical and hearing | |
| 1466 | + | 3 rehabilitation facilities in the area being served. | |
| 1467 | + | 4 (d) Knowledge of the provisions of this Act and the | |
| 1468 | + | 5 rules promulgated hereunder. | |
| 1469 | + | 6 (Source: P.A. 103-495, eff. 1-1-24.) | |
| 1470 | + | 7 Section 95. No acceleration or delay. Where this Act makes | |
| 1471 | + | 8 changes in a statute that is represented in this Act by text | |
| 1472 | + | 9 that is not yet or no longer in effect (for example, a Section | |
| 1473 | + | 10 represented by multiple versions), the use of that text does | |
| 1474 | + | 11 not accelerate or delay the taking effect of (i) the changes | |
| 1475 | + | 12 made by this Act or (ii) provisions derived from any other | |
| 1476 | + | 13 Public Act. | |
| 1477 | + | ||
| 1478 | + | ||
| 1479 | + | ||
| 1480 | + | ||
| 1481 | + | ||
| 1482 | + | SB0767 Enrolled - 42 - LRB103 03222 BMS 48228 b |