Public Act 103-0576
SB0767 EnrolledLRB103 03222 BMS 48228 b SB0767 Enrolled LRB103 03222 BMS 48228 b
SB0767 Enrolled LRB103 03222 BMS 48228 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hearing Instrument Consumer Protection Act
is amended by changing Section 3, 4, 4.6, 5, 6, and 9 as
follows:
(225 ILCS 50/3) (from Ch. 111, par. 7403)
(Text of Section before amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3. Definitions. As used in this Act, except as the
context requires otherwise:
"Department" means the Department of Public Health.
"Director" means the Director of the Department of Public
Health.
"License" means a license issued by the State under this
Act to a hearing instrument dispenser.
"Licensed audiologist" means a person licensed as an
audiologist under the Illinois Speech-Language Pathology and
Audiology Practice Act.
"National Board Certified Hearing Instrument Specialist"
means a person who has had at least 2 years in practice as a
licensed hearing instrument dispenser and has been certified
after qualification by examination by the National Board for
SB0767 Enrolled LRB103 03222 BMS 48228 b
Certification in Hearing Instruments Sciences.
"Licensed physician" or "physician" means a physician
licensed in Illinois to practice medicine in all of its
branches pursuant to the Medical Practice Act of 1987.
"Trainee" means a person who is licensed to perform the
functions of a hearing instrument dispenser in accordance with
the Department rules and only under the direct supervision of
a hearing instrument dispenser or audiologist who is licensed
in the State.
"Board" means the Hearing Instrument Consumer Protection
Board.
"Hearing instrument" or "hearing aid" means any wearable
instrument or device designed for or offered for the purpose
of aiding or compensating for impaired human hearing and that
can provide more than 15 dB full on gain via a 2cc coupler at
any single frequency from 200 through 6000 cycles per second,
and any parts, attachments, or accessories, including ear
molds. "Hearing instrument" or "hearing aid" do not include
batteries, cords, or group auditory training devices and any
instrument or device used by a public utility in providing
telephone or other communication services are excluded.
"Practice of fitting, dispensing, or servicing of hearing
instruments" means the measurement of human hearing with an
audiometer, calibrated to the current American National
Standard Institute standards, for the purpose of making
selections, recommendations, adaptions, services, or sales of
hearing instruments including the making of earmolds as a part
of the hearing instrument.
"Sell" or "sale" means any transfer of title or of the
right to use by lease, bailment, or any other contract,
excluding wholesale transactions with distributors or dealers.
"Hearing instrument dispenser" means a person who is a
hearing care professional that engages in the selling,
practice of fitting, selecting, recommending, dispensing, or
servicing of hearing instruments or the testing for means of
hearing instrument selection or who advertises or displays a
sign or represents himself or herself as a person who
practices the testing, fitting, selecting, servicing,
dispensing, or selling of hearing instruments.
"Fund" means the Hearing Instrument Dispenser Examining
and Disciplinary Fund.
"Hearing care professional" means a person who is a
licensed audiologist, a licensed hearing instrument dispenser,
or a licensed physician.
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
(Text of Section after amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3. Definitions. As used in this Act, except as the
context requires otherwise:
"Department" means the Department of Public Health.
"Director" means the Director of the Department of Public
Health.
"Direct supervision" means the final approval given by the
licensed hearing instrument professional to all work performed
by the person under supervision and that the licensed hearing
instrument professional is physically present in the facility
any time the person under supervision has contact with a
client. "Direct supervision" does not mean that the licensed
hearing instrument professional is in the same room when the
person under supervision has contact with the client.
"Federal Trade Commission" means the United States federal
agency which regulates business practices and commerce.
"Food and Drug Administration" means the United States
federal agency which regulates hearing instruments or hearing
aids as medical devices.
"License" means a license issued by the State under this
Act to a hearing instrument dispenser.
"Licensed audiologist" means a person licensed as an
audiologist under the Illinois Speech-Language Pathology and
Audiology Practice Act and who can prescribe hearing aids in
accordance with this Act.
"National Board Certified Hearing Instrument Specialist"
means a person who has had at least 2 years in practice as a
licensed hearing instrument dispenser and has been certified
after qualification by examination by the National Board for
Certification in Hearing Instruments Sciences.
"Licensed physician" or "physician" means a physician
licensed in Illinois to practice medicine in all of its
branches pursuant to the Medical Practice Act of 1987.
"Trainee" means a person who is licensed to perform the
functions of a hearing instrument dispenser or audiologist in
accordance with the Department rules and only under the direct
supervision of a hearing instrument dispenser or audiologist
who is licensed in the State.
"Board" means the Hearing Instrument Consumer Protection
Board.
"Hearing instrument" or "hearing aid" means any instrument
or device, including an instrument or device dispensed
pursuant to a prescription, that is designed, intended, or
offered for the purpose of improving a person's hearing and
any parts, attachments, or accessories, including earmolds.
"Hearing instrument" or "hearing aid" does not include
batteries, cords, and individual or group auditory training
devices and any instrument or device used by a public utility
in providing telephone or other communication services.
"Involvement of a licensed hearing professional person"
refers to the supervision supervisor, prescription or other
order, involvement, or interaction by a licensed hearing
instrument professional.
"Practice of prescribing, fitting, dispensing, or
servicing of prescription hearing aids" means the measurement
of human hearing with an audiometer, calibrated to the current
American National Standard Institute standards, for the
purpose of prescribing hearing aids and making selections,
recommendations, adaptions, services, or sales of hearing aids
including the making of earmolds as a part of the hearing aid.
"Sell" or "sale" means any transfer of title or of the
right to use by lease, bailment, or any other contract,
excluding wholesale transactions with distributors or dealers.
"Hearing instrument dispenser" means a person who is a
hearing instrument professional that engages in the selling,
practice of fitting, selecting, recommending, dispensing,
prescribing, or servicing of prescription hearing aids or the
testing for means of hearing aid selection or who advertises
or displays a sign or represents himself or herself as a person
who practices the testing, fitting, selecting, servicing,
dispensing, prescribing, or selling of prescription hearing
aids.
"Fund" means the Hearing Instrument Dispenser Examining
and Disciplinary Fund.
"Hearing instrument professional" means a person who is a
licensed audiologist, a licensed hearing instrument dispenser,
or a licensed physician.
"Over-the-counter hearing aid" means any instrument or
device that:
(1) uses the same fundamental scientific technology as
air conduction hearing aids, as defined in 21 CFR
874.3300, or wireless air conduction hearing aids, as
defined in 21 CFR 874.3305;
(2) is intended to be used by adults age 18 and older
to compensate for perceived mild to moderate hearing
impairment;
(3) through tools, tests, or software, allows the user
to control the over-the-counter hearing aid and customize
it to the user's hearing needs;
(4) may use wireless technology or include tests for
self-assessment of hearing loss; and
(5) is available over-the-counter, without the
supervision, prescription, or other order, involvement, or
intervention of a licensed person, to consumers through
in-person transactions, by mail, or online.
"Over-the-counter hearing aid" does not include batteries,
cords, and individual or group auditory training devices or
any instrument or device used by a public utility in providing
telephone or other communication services.
"Personal sound amplification product" means an
amplification device, as defined by the Food and Drug
Administration or the Federal Trade Commission, that is not
labeled as a hearing aid and is not intended to treat hearing
loss.
"Prescribe" means an order for a prescription hearing aid
issued by a licensed hearing instrument professional.
"Prescription hearing aid" means any wearable instrument
or device designed, intended, or offered for the purpose of
improving a person's hearing that may only be obtained with
the involvement of a licensed hearing instrument professional.
(Source: P.A. 103-495, eff. 1-1-24.)
(225 ILCS 50/4) (from Ch. 111, par. 7404)
(Text of Section before amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Disclosure; waiver; complaints; insurance. The
hearing instrument dispenser shall give at no charge to every
person fitted and sold a hearing instrument the "User
Instructional Brochure", supplied by the hearing instrument
manufacturer containing information required by the U.S. Food
and Drug Administration.
Whenever a sale or service of one or more hearing
instrument involving $50 or more is made or contracted to be
made, whether under a single contract or under multiple
contracts, at the time of the transaction, the hearing
instrument dispenser shall furnish the consumer with a fully
completed receipt or contract pertaining to that transaction,
in substantially the same language as that used in the oral
presentation to the consumer. The receipt or contract provided
to the consumer shall contain the dispenser's name, license
number, business address, business phone number, and
signature; the name, address, and signature of the hearing
instrument consumer; and the name and signature of the
purchaser if the consumer and the purchaser are not the same;
the hearing instrument manufacturer's name, and the model and
serial numbers; the date of purchase; and the charges required
to complete the terms of the sale fully and clearly stated.
When the hearing instrument is delivered to the consumer or
purchaser, the serial number shall be written on the original
receipt or contract and a copy shall be given to the consumer
or purchaser. If a used hearing instrument is sold, the
receipt and the container thereof shall be clearly marked as
"used" or "reconditioned", whichever is applicable, with terms
of guarantee, if any.
All hearing instruments offered for sale must be
accompanied by a 30-business day return privilege. The receipt
or contract provided to the consumer shall state that the
consumer has a right to return the hearing instrument for a
refund within 30 business days of the date of delivery. If a
nonrefundable dispensing fee or restocking fee, or both, will
be withheld from the consumer in event of return, the terms
must be clearly stated on the receipt or contract provided to
the consumer.
A hearing instrument dispenser shall not sell a hearing
instrument unless the prospective user has presented to the
hearing instrument dispenser a written statement, signed by a
licensed physician, which states that the patient's hearing
loss has been medically evaluated and the patient is
considered a candidate for a hearing instrument. The medical
evaluation must have taken place within the 6 months
immediately preceding the date of the sale of the hearing
instrument to the prospective hearing instrument user. If the
prospective hearing instrument user is 18 years of age or
older, the hearing instrument dispenser may afford the
prospective user an opportunity to waive the medical
evaluation required by this Section, provided that the hearing
instrument dispenser:
(i) Informs the prospective user that the exercise of
a waiver is not in the user's best health interest;
(ii) Does not in any way actively encourage the
prospective user to waive the medical evaluation; and
(iii) Affords the prospective user the option to sign
the following statement:
"I have been advised by .................(hearing
instrument dispenser's name) that the Food and Drug
Administration has determined that my best interest
would be served if I had a medical evaluation by a
licensed physician (preferably a physician who
specializes in diseases of the ear) before purchasing
a hearing instrument. I do not wish a medical
evaluation before purchasing a hearing instrument."
The hearing instrument dispenser or his or her employer
shall retain proof of the medical examination or the waiver
for at least 3 years from the date of the sale.
If the parent or guardian of any individual under the age
of 18 years is a member of any church or religious
denomination, whose tenets and practices include reliance upon
spiritual means through prayer alone and objects to medical
treatment and so states in writing to the hearing instrument
dispenser, such individual shall undergo a hearing examination
as provided by this Section but no proof, ruling out any
medically treatable problem causing hearing loss, shall be
required.
All persons licensed under this Act shall have
conspicuously displayed in their business establishment a sign
indicating that formal complaints regarding hearing instrument
goods or services may be made to the Department. Such sign
shall give the address and telephone number of the Department.
All persons purchasing hearing instruments shall be provided
with a written statement indicating that formal complaints
regarding hearing instrument goods or services may be made to
the Department and disclosing the address and telephone number
of the Department.
Any person wishing to make a complaint, against a hearing
instrument dispenser under this Act, shall file it with the
Department within 3 years from the date of the action upon
which the complaint is based. The Department shall investigate
all such complaints.
All persons licensed under this Act shall maintain
liability insurance as set forth by rule and shall be
responsible for the annual calibration of all audiometers in
use by such persons. Such annual calibrations shall be in
conformance with the current standards set by American
National Standard Institute.
(Source: P.A. 91-932, eff. 1-1-01.)
(Text of Section after amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Disclosure; complaints; insurance. The hearing
instrument professional shall give at no charge to every
person fitted and sold a hearing aid the "User Instructional
Brochure", supplied by the hearing aid manufacturer containing
information required by the U.S. Food and Drug Administration.
All hearing instruments or hearing aids must be dispensed
or sold in accordance with Food and Drug Administration and
Federal Trade Commission regulations governing the dispensing
and sale of personal sound amplification products or hearing
aids.
A consumer who purchases an over-the-counter hearing aid
must be provided a sales receipt at the time of the
transaction.
Whenever a sale of one or more prescription hearing aids
involving $50 or more is made or contracted to be made, whether
under a single contract or under multiple contracts, at the
time of the transaction, the hearing instrument professional
shall furnish the consumer with a fully completed receipt or
contract pertaining to that transaction, in substantially the
same language as that used in the oral presentation to the
consumer. The receipt or contract provided to the consumer
shall contain (i) the hearing instrument professional's name,
license number, business address, business phone number, and
signature; (ii) the name, address, and signature of the
hearing instrument consumer; (iii) the name and signature of
the purchaser if the consumer and the purchaser are not the
same person; (iv) the hearing aid manufacturer's name, and the
model and serial numbers; (v) the date of purchase; and (vi)
the charges required to complete the terms of the sale, which
must be fully and clearly stated. When the hearing aid is
delivered to the consumer or purchaser, the serial number
shall be written on the original receipt or contract and a copy
shall be given to the consumer or purchaser. If a used hearing
instrument is sold, the receipt and the container thereof
shall be clearly marked as "used" or "reconditioned",
whichever is applicable, with terms of guarantee, if any.
The hearing instrument professional or the professional's
employer shall retain proof of the medical examination for at
least 3 years from the date of the sale.
All hearing instruments offered for sale must be
accompanied by a 30-business day return privilege. The receipt
or contract provided to the consumer shall state that the
consumer has a right to return the hearing instrument for a
refund within 30 business days of the date of delivery. If a
nonrefundable dispensing fee or restocking fee, or both, will
be withheld from the consumer in event of return, the terms
must be clearly stated on the receipt or contract provided to
the consumer. For purposes of this paragraph, "business day"
means any calendar day except Saturday, Sunday, or a federal
holiday.
If the parent or guardian of any individual age 17 or under
is a member of any church or religious denomination, whose
tenets and practices include reliance upon spiritual means
through prayer alone and objects to medical treatment and so
states in writing to the hearing instrument professional, such
individual shall undergo a hearing examination as provided by
this Section but no proof, ruling out any medically treatable
problem causing hearing loss, shall be required.
All persons licensed under this Act shall have
conspicuously displayed in their business establishment a sign
indicating that formal complaints regarding hearing aid goods
or services may be made to the Department. Such sign shall give
the address and telephone number of the Department. All
persons purchasing hearing aids shall be provided with a
written statement indicating that formal complaints regarding
hearing aid goods or services may be made to the Department and
disclosing the address and telephone number of the Department.
Any person wishing to make a complaint, against a hearing
instrument professional under this Act, shall file it with the
Department within 3 years from the date of the action upon
which the complaint is based. The Department shall investigate
all such complaints.
All persons licensed under this Act shall maintain
liability insurance as set forth by rule and shall be
responsible for the annual calibration of all audiometers in
use by such persons. Such annual calibrations shall be in
conformance with the current standards set by American
National Standard Institute.
(Source: P.A. 103-495, eff. 1-1-24.)
(225 ILCS 50/4.6)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4.6. Prescription hearing aids for persons age 18 or
older.
(a) A hearing instrument professional may dispense a
hearing aid to a person age 18 or older in accordance with the
requirements of this Section.
(b) A person age 18 or older must be evaluated by a hearing
instrument professional in person or via telehealth before
receiving a prescription for a hearing aid. A person age 18 or
older may not waive evaluation by a hearing instrument
professional unless he or she is replacing a lost or stolen
hearing aid that is subject to warranty replacement.
(c) A hearing instrument professional shall not sell
prescription hearing aid to anyone age 18 or older if the
prospective user had a negative finding on the Consumer Ear
Disease Risk Assessment or a similar standardized assessment.
The prospective user who had a negative finding on the
Consumer Ear Disease Risk Assessment or similar standardized
assessment shall present to the hearing instrument
professional a written statement, signed by a licensed
physician, which states that the patient's hearing loss has
been medically evaluated and the patient is considered a
candidate for a prescription hearing aid. The medical
evaluation must have been performed within the 12 months
immediately preceding the date of the sale of the hearing aid
to the prospective hearing aid user.
(d) A hearing aid prescription for individuals age 18 or
older must include, at a minimum, the following information:
(1) name of the patient;
(2) date the prescription is issued;
(3) expiration date of the prescription, which may not
exceed one year from the date of issuance;
(4) name and license number of the prescribing hearing
instrument professional;
(5) results of the following assessments:
(A) hearing handicap inventory or similar
standardized, evidence-based tool;
(B) pure-tone air conduction audiometry;
(C) bone conduction testing or consumer ear
disease risk assessment or a similar standardized
evidence-based tool;
(D) recorded speech in quiet, as medically
appropriate;
(E) recorded speech or digits in noise, as
medically medical appropriate;
(6) documentation of type and style of hearing aid;
and
(7) documentation of medical necessity of the
recommended features of a hearing aid.
(Source: P.A. 103-495, eff. 1-1-24.)
(225 ILCS 50/5) (from Ch. 111, par. 7405)
(Text of Section before amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5. License required. No person shall engage in the
selling, practice of testing, fitting, selecting,
recommending, adapting, dispensing, or servicing hearing
instruments or display a sign, advertise, or represent oneself
as a person who practices the fitting or selling of hearing
instruments unless such person holds a current license issued
by the Department as provided in this Act. Such person shall be
known as a licensed hearing instrument dispenser. Individuals
licensed pursuant to the provisions of Section 8 of this Act
shall be deemed qualified to provide tests of human hearing
and hearing instrument evaluations for the purpose of
dispensing a hearing instrument for which any State agency may
contract. The license shall be conspicuously displayed in the
place of business. Duplicate licenses shall be issued by the
Department to licensees operating more than one office upon
the additional payment set forth in this Act. No hearing
instrument manufacturer may distribute, sell, or otherwise
provide hearing instruments to any unlicensed hearing care
professional for the purpose of selling hearing instruments to
the consumer.
Except for violations of the provisions of this Act, or
the rules promulgated under it, nothing in this Act shall
prohibit a corporation, partnership, trust, association, or
other entity from engaging in the business of testing,
fitting, servicing, selecting, dispensing, selling, or
offering for sale hearing instruments at retail without a
license, provided it employs only licensed individuals in the
direct testing, fitting, servicing, selecting, offering for
sale, or dispensing of such products. Each such corporation,
partnership, trust, association, or other entity shall file
with the Department, prior to doing business in this State and
by July 1 of each calendar year thereafter, on forms
prescribed by the Department, a list of all licensed hearing
instrument dispensers employed by it and a statement attesting
that it complies with this Act and the rules promulgated under
it and the regulations of the Federal Food and Drug
Administration and the Federal Trade Commission insofar as
they are applicable.
(Source: P.A. 99-204, eff. 7-30-15.)
(Text of Section after amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5. License required. No person shall engage in the
selling, practice of testing, fitting, selecting,
recommending, adapting, dispensing, or servicing hearing aids
or display a sign, advertise, or represent oneself as a person
who practices the fitting or selling of hearing aids unless
such person holds a current license issued by the Department
as provided in this Act. Such person shall be known as a
licensed hearing instrument dispenser. Individuals licensed
pursuant to the provisions of Section 8 of this Act shall be
deemed qualified to provide tests of human hearing and hearing
aid evaluations for the purpose of dispensing a hearing aid
for which any State agency may contract. The license shall be
conspicuously displayed in the place of business. Duplicate
licenses shall be issued by the Department to licensees
operating more than one office upon the additional payment set
forth in this Act. No hearing aids manufacturer may
distribute, sell, or otherwise provide hearing aids to any
unlicensed hearing instrument professional for the purpose of
selling hearing aids to the consumer.
Except for violations of the provisions of this Act, or
the rules promulgated under it, nothing in this Act shall
prohibit a corporation, partnership, trust, association, or
other entity from engaging in the business of testing,
fitting, servicing, selecting, dispensing, selling, or
offering for sale hearing aids aid at retail without a
license, provided it employs only licensed individuals in the
direct testing, fitting, servicing, selecting, offering for
sale, or dispensing of such products. Each such corporation,
partnership, trust, association, or other entity shall file
with the Department, prior to doing business in this State and
by July 1 of each calendar year thereafter, on forms
prescribed by the Department, a list of all licensed hearing
instrument dispensers employed by it and a statement attesting
that it complies with this Act and the rules promulgated under
it and the regulations of the Federal Food and Drug
Administration and the Federal Trade Commission insofar as
they are applicable.
(Source: P.A. 103-495, eff. 1-1-24.)
(225 ILCS 50/6) (from Ch. 111, par. 7406)
(Text of Section before amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 6. Mail order and Internet sales. Nothing in this Act
shall prohibit a corporation, partnership, trust, association,
or other organization, maintaining an established business
address, from engaging in the business of selling or offering
for sale hearing instruments at retail by mail or by Internet
to persons 18 years of age or older who have not been examined
by a licensed physician or tested by a licensed hearing
instrument dispenser provided that:
(a) The organization is registered by the Department prior
to engaging in business in this State and has paid the fee set
forth in this Act.
(b) The organization files with the Department, prior to
registration and annually thereafter, a Disclosure Statement
containing the following:
(1) the name under which the organization is doing or
intends to do business and the name of any affiliated
company which the organization recommends or will
recommend to persons as a supplier of goods or services or
in connection with other business transactions of the
organization;
(2) the organization's principal business address and
the name and address of its agent in this State authorized
to receive service of process;
(3) the business form of the organization, whether
corporate, partnership, or otherwise and the state or
other sovereign power under which the organization is
organized;
(4) the names of the directors or persons performing
similar functions and names and addresses of the chief
executive officer, and the financial, accounting, sales,
and other principal executive officers, if the
organization is a corporation, association, or other
similar entity; of all general partners, if the
organization is a partnership; and of the owner, if the
organization is a sole proprietorship, together with a
statement of the business background during the past 5
years for each such person;
(5) a statement as to whether the organization or any
person identified in the disclosure statement:
(i) has during the 5 year period immediately
preceding the date of the disclosure statement been
convicted of a felony, pleaded nolo contendere to a
felony charge, or been held liable in a civil action by
final judgment, if such felony or civil action
involved fraud, embezzlement, or misappropriation of
property, and a description thereof; or
(ii) is subject to any currently effective
injunctive or restrictive order as a result of a
proceeding or pending action brought by any government
agency or department, and a description thereof; or
(iii) is a defendant in any pending criminal or
material civil action relating to fraud, embezzlement,
misappropriation of property or violations of the
antitrust or trade regulation laws of the United
States or any state, and a description thereof; or
(iv) has during the 5 year period immediately
preceding the date of the disclosure statement had
entered against such person or organization a final
judgment in any material civil proceeding, and a
description thereof; or
(v) has during the 5 year period immediately
preceding the date of the disclosure statement been
adjudicated a bankrupt or reorganized due to
insolvency or was a principal executive officer or
general partner of any company that has been
adjudicated a bankrupt or reorganized due to
insolvency during such 5 year period, and a
description thereof;
(6) the length of time the organization and any
predecessor of the organization has conducted a business
dealing with hearing instrument goods or services;
(7) a financial statement of the organization as of
the close of the most recent fiscal year of the
organization. If the financial statement is filed later
than 120 days following the close of the fiscal year of the
organization it must be accompanied by a statement of the
organization of any material changes in the financial
condition of the organization;
(8) a general description of the business, including
without limitation a description of the goods, training
programs, supervision, advertising, promotion and other
services provided by the organization;
(9) a statement of any compensation or other benefit
given or promised to a public figure arising, in whole or
in part, from (i) the use of the public figure in the name
or symbol of the organization or (ii) the endorsement or
recommendation of the organization by the public figure in
advertisements;
(10) a statement setting forth such additional
information and such comments and explanations relative to
the information contained in the disclosure statement as
the organization may desire to present.
(b-5) If a device being sold does not meet the definition
of a hearing instrument or hearing device as stated in this
Act, the organization shall include a disclaimer in all
written or electronic promotions. The disclaimer shall include
the following language:
"This is not a hearing instrument or hearing aid as
defined in the Hearing Instrument Consumer Protection Act,
but a personal amplifier and not intended to replace a
properly fitted and calibrated hearing instrument.".
(c) The organization files with the Department prior to
registration and annually thereafter a statement that it
complies with the Act, the rules issued pursuant to it, and the
regulations of the Federal Food and Drug Administration and
the Federal Trade Commission insofar as they are applicable.
(d) The organization files with the Department at the time
of registration an irrevocable consent to service of process
authorizing the Department and any of its successors to be
served any notice, process, or pleading in any action or
proceeding against the organization arising out of or in
connection with any violation of this Act. Such service shall
have the effect of conferring personal jurisdiction over such
organization in any court of competent jurisdiction.
(e) Before dispensing a hearing instrument to a resident
of this State, the organization informs the prospective users
that they need the following for proper fitting of a hearing
instrument:
(1) the results of an audiogram performed within the
past 6 months by a licensed audiologist or a licensed
hearing instrument dispenser; and
(2) an earmold impression obtained from the
prospective user and taken by a licensed hearing
instrument dispenser or licensed audiologist.
(f) The prospective user receives a medical evaluation or
the organization affords the prospective user an opportunity
to waive the medical evaluation requirement of Section 4 of
this Act and the testing requirement of subsection (z) of
Section 18, provided that the organization:
(1) informs the prospective user that the exercise of
the waiver is not in the user's best health interest;
(2) does not in any way actively encourage the
prospective user to waive the medical evaluation or test;
and
(3) affords the prospective user the option to sign
the following statement:
"I have been advised by .......... (hearing
instrument dispenser's name) that the Food and Drug
Administration and the State of Illinois have
determined that my best interest would be served if I
had a medical evaluation by a licensed physician,
preferably a physician who specialized in diseases of
the ear, before purchasing a hearing instrument; or a
test by a licensed audiologist or licensed hearing
instrument dispenser utilizing established procedures
and instrumentation in the fitting of hearing
instruments. I do not wish either a medical evaluation
or test before purchasing a hearing instrument."
(g) Where a sale, lease, or rental of hearing instruments
is sold or contracted to be sold to a consumer by mail order,
the consumer may void the contract or sale by notifying the
seller within 45 business days following that day on which the
hearing instruments were mailed by the seller to the consumer
and by returning to the seller in its original condition any
hearing instrument delivered to the consumer under the
contract or sale. At the time the hearing instrument is
mailed, the seller shall furnish the consumer with a fully
completed receipt or copy of any contract pertaining to the
sale that contains a "Notice of Cancellation" informing the
consumer that he or she may cancel the sale at any time within
45 business days and disclosing the date of the mailing and the
name, address, and telephone number of the seller. In
immediate proximity to the space reserved in the contract for
the signature of the consumer, or on the front page of the
receipt if a contract is not used, and in bold face type of a
minimum size of 10 points, there shall be a statement in
substantially the following form:
"You, the buyer, may cancel this transaction at any
time prior to midnight of the 45th business day after the
date of this transaction. See the attached notice of
cancellation form for an explanation of this right."
Attached to the receipt or contract shall be a completed
form in duplicate, captioned "NOTICE OF CANCELLATION" which
shall be easily detachable and which shall contain in at least
10 point bold face type the following information and
statements in the same language as that used in the contract:
"NOTICE OF CANCELLATION
enter date of transaction
.........................
(DATE)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
AT (address of seller's place of business) AND (seller's
telephone number) NO LATER THAN MIDNIGHT OF
...........(date).
I HEREBY CANCEL THIS TRANSACTION.
(Date)............
..................
(Buyers Signature)"
The written "Notice of Cancellation" may be sent by the
consumer to the seller to cancel the contract. The 45-day
period does not commence until the consumer is furnished the
Notice of Cancellation and the address and phone number at
which such notice to the seller can be given.
If the conditions of this Section are met, the seller must
return to the consumer the amount of any payment made or
consideration given under the contract or for the merchandise
less a nonrefundable restocking fee.
It is an unlawful practice for a seller to: (1) hold a
consumer responsible for any liability or obligation under any
mail order transaction if the consumer claims not to have
received the merchandise unless the merchandise was sent by
certified mail or other delivery method by which the seller is
provided with proof of delivery; (2) fail, before furnishing
copies of the "Notice of Cancellation" to the consumer, to
complete both copies by entering the name of the seller, the
address of the seller's place of business, the seller's
telephone number, the date of the mailing, and the date, not
earlier than the 45th business day following the date of the
mailing, by which the consumer may give notice of
cancellation; (3) include in any contract or receipt any
confession of judgment or any waiver of any of the rights to
which the consumer is entitled under this Section including
specifically his right to cancel the sale in accordance with
the provisions of this Section; (4) misrepresent in any manner
the consumer's right to cancel; (5) use any undue influence,
coercion, or any other wilful act or representation to
interfere with the consumer's exercise of his rights under
this Section; (6) fail or refuse to honor any valid notice of
cancellation and return of merchandise by a consumer and,
within 10 business days after the receipt of such notice and
merchandise pertaining to such transaction, to (i) refund
payments made under the contract or sale, (ii) return any
goods or property traded in, in substantially as good
condition as when received by the person, (iii) cancel and
return any negotiable instrument executed by the consumer in
connection with the contract or sale and take any action
necessary or appropriate to terminate promptly any security
interest created in the transaction; (7) negotiate, transfer,
sell, or assign any note or other evidence of indebtedness to a
finance company or other third party prior to the 50th
business day following the day of the mailing; or (8) fail to
provide the consumer of a hearing instrument with written
information stating the name, address, and telephone number of
the Department and informing the consumer that complaints
regarding hearing instrument goods or services may be made to
the Department.
(h) The organization employs only licensed hearing
instrument dispensers in the dispensing of hearing instruments
and files with the Department, by January 1 of each year, a
list of all licensed hearing instrument dispensers employed by
it.
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
(Text of Section after amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 6. Mail order and Internet sales. Nothing in this Act
shall prohibit a corporation, partnership, trust, association,
or other organization, maintaining an established business
address, from engaging in the business of selling or offering
for sale hearing aids at retail by mail or by Internet to
persons 18 years of age or older who have not been examined by
a licensed physician or tested by a licensed hearing
instrument professional provided that:
(a) The organization is registered by the Department prior
to engaging in business in this State and has paid the fee set
forth in this Act.
(b) The organization files with the Department, prior to
registration and annually thereafter, a Disclosure Statement
containing the following:
(1) the name under which the organization is doing or
intends to do business and the name of any affiliated
company which the organization recommends or will
recommend to persons as a supplier of goods or services or
in connection with other business transactions of the
organization;
(2) the organization's principal business address and
the name and address of its agent in this State authorized
to receive service of process;
(3) the business form of the organization, whether
corporate, partnership, or otherwise and the state or
other sovereign power under which the organization is
organized;
(4) the names of the directors or persons performing
similar functions and names and addresses of the chief
executive officer, and the financial, accounting, sales,
and other principal executive officers, if the
organization is a corporation, association, or other
similar entity; of all general partners, if the
organization is a partnership; and of the owner, if the
organization is a sole proprietorship, together with a
statement of the business background during the past 5
years for each such person;
(5) a statement as to whether the organization or any
person identified in the disclosure statement:
(i) has during the 5-year period immediately
preceding the date of the disclosure statement been
convicted of a felony, pleaded nolo contendere to a
felony charge, or been held liable in a civil action by
final judgment, if such felony or civil action
involved fraud, embezzlement, or misappropriation of
property, and a description thereof; or
(ii) is subject to any currently effective
injunctive or restrictive order as a result of a
proceeding or pending action brought by any government
agency or department, and a description thereof; or
(iii) is a defendant in any pending criminal or
material civil action relating to fraud, embezzlement,
misappropriation of property or violations of the
antitrust or trade regulation laws of the United
States or any state, and a description thereof; or
(iv) has during the 5-year period immediately
preceding the date of the disclosure statement had
entered against such person or organization a final
judgment in any material civil proceeding, and a
description thereof; or
(v) has during the 5-year period immediately
preceding the date of the disclosure statement been
adjudicated a bankrupt or reorganized due to
insolvency or was a principal executive officer or
general partner of any company that has been
adjudicated a bankrupt or reorganized due to
insolvency during such 5-year period, and a
description thereof;
(6) the length of time the organization and any
predecessor of the organization has conducted a business
dealing with hearing aid goods or services;
(7) a financial statement of the organization as of
the close of the most recent fiscal year of the
organization. If the financial statement is filed later
than 120 days following the close of the fiscal year of the
organization it must be accompanied by a statement of the
organization of any material changes in the financial
condition of the organization;
(8) a general description of the business, including
without limitation a description of the goods, training
programs, supervision, advertising, promotion and other
services provided by the organization;
(9) a statement of any compensation or other benefit
given or promised to a public figure arising, in whole or
in part, from (i) the use of the public figure in the name
or symbol of the organization or (ii) the endorsement or
recommendation of the organization by the public figure in
advertisements;
(10) a statement setting forth such additional
information and such comments and explanations relative to
the information contained in the disclosure statement as
the organization may desire to present.
(b-5) If a device being sold does not meet the definition
of an over-the-counter hearing aid or a prescription hearing
aid, as stated in this Act, the organization shall include a
disclaimer in all written or electronic promotions. The
disclaimer shall include the following language:
"This is not a hearing instrument or hearing aid as
defined in the Hearing Instrument Consumer Protection Act,
but a personal sound amplification product and not
intended to replace a properly fitted and calibrated
hearing aid or treat hearing loss.".
(c) The organization files with the Department prior to
registration and annually thereafter a statement that it
complies with the Act, the rules issued pursuant to it, and the
regulations of the Federal Food and Drug Administration and
the Federal Trade Commission insofar as they are applicable.
(d) The organization files with the Department at the time
of registration an irrevocable consent to service of process
authorizing the Department and any of its successors to be
served any notice, process, or pleading in any action or
proceeding against the organization arising out of or in
connection with any violation of this Act. Such service shall
have the effect of conferring personal jurisdiction over such
organization in any court of competent jurisdiction.
(e) Before dispensing a hearing aid by mail or over the
Internet to a resident of this State, the organization informs
(i) the parent or guardian of a person age 17 or younger that
he or she must obtain a prescription issued by a licensed
audiologist or licensed physician that meets the requirements
of Section 4.5 or (ii) a person age 18 or older that he or she
must obtain a prescription issued by a hearing instrument
professional that meets the requirements of Section 4.6.
(f) (Blank).:
(g) Where a sale, lease, or rental of prescription hearing
aids are sold or contracted to be sold to a consumer by mail
order or via the Internet, the consumer may void the contract
or sale by notifying the seller within 45 business days
following that day on which the hearing aids were mailed by the
seller to the consumer and by returning to the seller in its
original condition any hearing aids delivered to the consumer
under the contract or sale. At the time the hearing aid is
mailed, the seller shall furnish the consumer with a fully
completed receipt or copy of any contract pertaining to the
sale that contains a "Notice of Cancellation" informing the
consumer that he or she may cancel the sale at any time within
45 business days and disclosing the date of the mailing and the
name, address, and telephone number of the seller. In
immediate proximity to the space reserved in the contract for
the signature of the consumer, or on the front page of the
receipt if a contract is not used, and in bold face type of a
minimum size of 10 points, there shall be a statement in
substantially the following form:
"You, the buyer, may cancel this transaction at any
time prior to midnight of the 45th business day after the
date of this transaction. See the attached notice of
cancellation form for an explanation of this right."
Attached to the receipt or contract shall be a completed
form in duplicate, captioned "NOTICE OF CANCELLATION" which
shall be easily detachable and which shall contain in at least
10 point bold face type the following information and
statements in the same language as that used in the contract:
"NOTICE OF CANCELLATION
enter date of transaction
.........................
(DATE)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
AT (address of seller's place of business) AND (seller's
telephone number) NO LATER THAN MIDNIGHT OF
...........(date).
I HEREBY CANCEL THIS TRANSACTION.
(Date)............
..................
(Buyers Signature)"
The written "Notice of Cancellation" may be sent by the
consumer to the seller to cancel the contract. The 45-day
period does not commence until the consumer is furnished the
Notice of Cancellation and the address and phone number at
which such notice to the seller can be given.
If the conditions of this Section are met, the seller must
return to the consumer the amount of any payment made or
consideration given under the contract or for the merchandise
less a nonrefundable restocking fee.
It is an unlawful practice for a seller to: (1) hold a
consumer responsible for any liability or obligation under any
mail order transaction if the consumer claims not to have
received the merchandise unless the merchandise was sent by
certified mail or other delivery method by which the seller is
provided with proof of delivery; (2) fail, before furnishing
copies of the "Notice of Cancellation" to the consumer, to
complete both copies by entering the name of the seller, the
address of the seller's place of business, the seller's
telephone number, the date of the mailing, and the date, not
earlier than the 45th business day following the date of the
mailing, by which the consumer may give notice of
cancellation; (3) include in any contract or receipt any
confession of judgment or any waiver of any of the rights to
which the consumer is entitled under this Section including
specifically his right to cancel the sale in accordance with
the provisions of this Section; (4) misrepresent in any manner
the consumer's right to cancel; (5) use any undue influence,
coercion, or any other wilful act or representation to
interfere with the consumer's exercise of his rights under
this Section; (6) fail or refuse to honor any valid notice of
cancellation and return of merchandise by a consumer and,
within 10 business days after the receipt of such notice and
merchandise pertaining to such transaction, to (i) refund
payments made under the contract or sale, (ii) return any
goods or property traded in, in substantially as good
condition as when received by the person, (iii) cancel and
return any negotiable instrument executed by the consumer in
connection with the contract or sale and take any action
necessary or appropriate to terminate promptly any security
interest created in the transaction; (7) negotiate, transfer,
sell, or assign any note or other evidence of indebtedness to a
finance company or other third party prior to the 50th
business day following the day of the mailing; or (8) fail to
provide the consumer of a hearing aid with written information
stating the name, address, and telephone number of the
Department and informing the consumer that complaints
regarding hearing aid goods or services may be made to the
Department.
(h) The organization employs only licensed hearing
instrument professionals in the dispensing of hearing aids and
files with the Department, by January 1 of each year, a list of
all licensed hearing instrument professionals employed by it.
(Source: P.A. 103-495, eff. 1-1-24.)
(225 ILCS 50/9) (from Ch. 111, par. 7409)
(Text of Section before amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9. Areas of examination. The examination required by
Section 8 shall be set forth by rule and demonstrate the
applicant's technical qualifications by:
(a) Tests of knowledge in the following areas as they
pertain to the testing, selecting, recommending, fitting,
and selling of hearing instruments:
(1) characteristics of sound;
(2) the nature of the ear; and
(3) the function and maintenance of hearing
instruments.
(b) Practical tests of proficiency in techniques as
they pertain to the fitting of hearing instruments shall
be prescribed by the Department, set forth by rule, and
include candidate qualifications in the following areas:
(1) pure tone audiometry including air conduction
testing and bone conduction testing;
(2) live voice or recorded voice speech
audiometry, including speech reception, threshold
testing and speech discrimination testing;
(3) masking;
(4) proper selection and adaptation of a hearing
instrument;
(5) taking earmold impressions;
(6) proper maintenance procedures; and
(7) a general knowledge of the medical and
physical contra-indications to the use and fitting of
a hearing instrument.
(c) Knowledge of the general medical and hearing
rehabilitation facilities in the area being served.
(d) Knowledge of the provisions of this Act and the
rules promulgated hereunder.
(Source: P.A. 96-683, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-495)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9. Areas of examination. The examination required by
Section 8 shall be set forth by rule and demonstrate the
applicant's technical qualifications by:
(a) Tests of knowledge in the following areas as they
pertain to the testing, selecting, recommending, fitting,
and selling of hearing aids:
(1) characteristics of sound;
(2) the nature of the ear; and
(3) the function and maintenance of hearing aids.
(b) Practical tests of proficiency in techniques as
they pertain to the fitting of hearing aids shall be
prescribed by the Department, set forth by rule, and
include candidate qualifications in the following areas:
(1) pure-tone pure tone audiometry including air
conduction testing and bone conduction testing;
(2) live voice or recorded voice speech
audiometry, including speech reception, threshold
testing and speech discrimination testing;
(3) masking;
(4) proper selection and adaptation of a hearing
instrument;
(5) taking earmold impressions;
(6) proper maintenance procedures; and
(7) a general knowledge of the medical and
physical contra-indications to the use and fitting of
a hearing aid aids.
(c) Knowledge of the general medical and hearing
rehabilitation facilities in the area being served.
(d) Knowledge of the provisions of this Act and the
rules promulgated hereunder.
(Source: P.A. 103-495, eff. 1-1-24.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.