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Illinois Senate Bill SB1721

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1721 Compare Versions

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1-Public Act 103-0495
21 SB1721 EnrolledLRB103 27016 AMQ 53383 b SB1721 Enrolled LRB103 27016 AMQ 53383 b
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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 Public Utilities Act is amended by changing
8-Section 13-703 as follows:
9-(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
10-(Section scheduled to be repealed on December 31, 2026)
11-Sec. 13-703. (a) The Commission shall design and implement
12-a program whereby each telecommunications carrier providing
13-local exchange service shall provide a telecommunications
14-device capable of servicing the needs of those persons with a
15-hearing or speech disability together with a single party
16-line, at no charge additional to the basic exchange rate, to
17-any subscriber who is certified as having a hearing or speech
18-disability by a hearing instrument care professional, as
19-defined in the Hearing Instrument Consumer Protection Act, a
20-speech-language pathologist, or a qualified State agency and
21-to any subscriber which is an organization serving the needs
22-of those persons with a hearing or speech disability as
23-determined and specified by the Commission pursuant to
24-subsection (d).
25-(b) The Commission shall design and implement a program,
26-whereby each telecommunications carrier providing local
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 Public Utilities Act is amended by changing
7+5 Section 13-703 as follows:
8+6 (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
9+7 (Section scheduled to be repealed on December 31, 2026)
10+8 Sec. 13-703. (a) The Commission shall design and implement
11+9 a program whereby each telecommunications carrier providing
12+10 local exchange service shall provide a telecommunications
13+11 device capable of servicing the needs of those persons with a
14+12 hearing or speech disability together with a single party
15+13 line, at no charge additional to the basic exchange rate, to
16+14 any subscriber who is certified as having a hearing or speech
17+15 disability by a hearing instrument care professional, as
18+16 defined in the Hearing Instrument Consumer Protection Act, a
19+17 speech-language pathologist, or a qualified State agency and
20+18 to any subscriber which is an organization serving the needs
21+19 of those persons with a hearing or speech disability as
22+20 determined and specified by the Commission pursuant to
23+21 subsection (d).
24+22 (b) The Commission shall design and implement a program,
25+23 whereby each telecommunications carrier providing local
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33-exchange service shall provide a telecommunications relay
34-system, using third party intervention to connect those
35-persons having a hearing or speech disability with persons of
36-normal hearing by way of intercommunications devices and the
37-telephone system, making available reasonable access to all
38-phases of public telephone service to persons who have a
39-hearing or speech disability. In order to design a
40-telecommunications relay system which will meet the
41-requirements of those persons with a hearing or speech
42-disability available at a reasonable cost, the Commission
43-shall initiate an investigation and conduct public hearings to
44-determine the most cost-effective method of providing
45-telecommunications relay service to those persons who have a
46-hearing or speech disability when using telecommunications
47-devices and therein solicit the advice, counsel, and physical
48-assistance of Statewide nonprofit consumer organizations that
49-serve persons with hearing or speech disabilities in such
50-hearings and during the development and implementation of the
51-system. The Commission shall phase in this program, on a
52-geographical basis, as soon as is practicable, but no later
53-than June 30, 1990.
54-(c) The Commission shall establish a competitively neutral
55-rate recovery mechanism that establishes charges in an amount
56-to be determined by the Commission for each line of a
57-subscriber to allow telecommunications carriers providing
58-local exchange service to recover costs as they are incurred
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34+1 exchange service shall provide a telecommunications relay
35+2 system, using third party intervention to connect those
36+3 persons having a hearing or speech disability with persons of
37+4 normal hearing by way of intercommunications devices and the
38+5 telephone system, making available reasonable access to all
39+6 phases of public telephone service to persons who have a
40+7 hearing or speech disability. In order to design a
41+8 telecommunications relay system which will meet the
42+9 requirements of those persons with a hearing or speech
43+10 disability available at a reasonable cost, the Commission
44+11 shall initiate an investigation and conduct public hearings to
45+12 determine the most cost-effective method of providing
46+13 telecommunications relay service to those persons who have a
47+14 hearing or speech disability when using telecommunications
48+15 devices and therein solicit the advice, counsel, and physical
49+16 assistance of Statewide nonprofit consumer organizations that
50+17 serve persons with hearing or speech disabilities in such
51+18 hearings and during the development and implementation of the
52+19 system. The Commission shall phase in this program, on a
53+20 geographical basis, as soon as is practicable, but no later
54+21 than June 30, 1990.
55+22 (c) The Commission shall establish a competitively neutral
56+23 rate recovery mechanism that establishes charges in an amount
57+24 to be determined by the Commission for each line of a
58+25 subscriber to allow telecommunications carriers providing
59+26 local exchange service to recover costs as they are incurred
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61-under this Section. Beginning no later than April 1, 2016, and
62-on a yearly basis thereafter, the Commission shall initiate a
63-proceeding to establish the competitively neutral amount to be
64-charged or assessed to subscribers of telecommunications
65-carriers and wireless carriers, Interconnected VoIP service
66-providers, and consumers of prepaid wireless
67-telecommunications service in a manner consistent with this
68-subsection (c) and subsection (f) of this Section. The
69-Commission shall issue its order establishing the
70-competitively neutral amount to be charged or assessed to
71-subscribers of telecommunications carriers and wireless
72-carriers, Interconnected VoIP service providers, and
73-purchasers of prepaid wireless telecommunications service on
74-or prior to June 1 of each year, and such amount shall take
75-effect June 1 of each year.
76-Telecommunications carriers, wireless carriers,
77-Interconnected VoIP service providers, and sellers of prepaid
78-wireless telecommunications service shall have 60 days from
79-the date the Commission files its order to implement the new
80-rate established by the order.
81-(d) The Commission shall determine and specify those
82-organizations serving the needs of those persons having a
83-hearing or speech disability that shall receive a
84-telecommunications device and in which offices the equipment
85-shall be installed in the case of an organization having more
86-than one office. For the purposes of this Section,
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89-"organizations serving the needs of those persons with hearing
90-or speech disabilities" means centers for independent living
91-as described in Section 12a of the Rehabilitation of Persons
92-with Disabilities Act and not-for-profit organizations whose
93-primary purpose is serving the needs of those persons with
94-hearing or speech disabilities. The Commission shall direct
95-the telecommunications carriers subject to its jurisdiction
96-and this Section to comply with its determinations and
97-specifications in this regard.
98-(e) As used in this Section:
99-"Prepaid wireless telecommunications service" has the
100-meaning given to that term under Section 10 of the Prepaid
101-Wireless 9-1-1 Surcharge Act.
102-"Retail transaction" has the meaning given to that term
103-under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
104-"Seller" has the meaning given to that term under Section
105-10 of the Prepaid Wireless 9-1-1 Surcharge Act.
106-"Telecommunications carrier providing local exchange
107-service" includes, without otherwise limiting the meaning of
108-the term, telecommunications carriers which are purely mutual
109-concerns, having no rates or charges for services, but paying
110-the operating expenses by assessment upon the members of such
111-a company and no other person.
112-"Wireless carrier" has the meaning given to that term
113-under Section 2 of the Emergency Telephone System Act.
114-(f) Interconnected VoIP service providers, sellers of
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117-prepaid wireless telecommunications service, and wireless
118-carriers in Illinois shall collect and remit assessments
119-determined in accordance with this Section in a competitively
120-neutral manner in the same manner as a telecommunications
121-carrier providing local exchange service. However, the
122-assessment imposed on consumers of prepaid wireless
123-telecommunications service shall be collected by the seller
124-from the consumer and imposed per retail transaction as a
125-percentage of that retail transaction on all retail
126-transactions occurring in this State. The assessment on
127-subscribers of wireless carriers and consumers of prepaid
128-wireless telecommunications service shall not be imposed or
129-collected prior to June 1, 2016.
130-Sellers of prepaid wireless telecommunications service
131-shall remit the assessments to the Department of Revenue on
132-the same form and in the same manner which they remit the fee
133-collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
134-the purposes of display on the consumers' receipts, the rates
135-of the fee collected under the Prepaid Wireless 9-1-1
136-Surcharge Act and the assessment under this Section may be
137-combined. In administration and enforcement of this Section,
138-the provisions of Sections 15 and 20 of the Prepaid Wireless
139-9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5),
140-(e), and (e-5) of Section 15 and subsections (c) and (e) of
141-Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and,
142-from June 29, 2015 (the effective date of Public Act 99-6), the
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70+1 under this Section. Beginning no later than April 1, 2016, and
71+2 on a yearly basis thereafter, the Commission shall initiate a
72+3 proceeding to establish the competitively neutral amount to be
73+4 charged or assessed to subscribers of telecommunications
74+5 carriers and wireless carriers, Interconnected VoIP service
75+6 providers, and consumers of prepaid wireless
76+7 telecommunications service in a manner consistent with this
77+8 subsection (c) and subsection (f) of this Section. The
78+9 Commission shall issue its order establishing the
79+10 competitively neutral amount to be charged or assessed to
80+11 subscribers of telecommunications carriers and wireless
81+12 carriers, Interconnected VoIP service providers, and
82+13 purchasers of prepaid wireless telecommunications service on
83+14 or prior to June 1 of each year, and such amount shall take
84+15 effect June 1 of each year.
85+16 Telecommunications carriers, wireless carriers,
86+17 Interconnected VoIP service providers, and sellers of prepaid
87+18 wireless telecommunications service shall have 60 days from
88+19 the date the Commission files its order to implement the new
89+20 rate established by the order.
90+21 (d) The Commission shall determine and specify those
91+22 organizations serving the needs of those persons having a
92+23 hearing or speech disability that shall receive a
93+24 telecommunications device and in which offices the equipment
94+25 shall be installed in the case of an organization having more
95+26 than one office. For the purposes of this Section,
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145-seller shall be permitted to deduct and retain 3% of the
146-assessments that are collected by the seller from consumers
147-and that are remitted and timely filed with the Department)
148-that are not inconsistent with this Section, shall apply, as
149-far as practicable, to the subject matter of this Section to
150-the same extent as if those provisions were included in this
151-Section. Beginning on January 1, 2018, the seller is allowed
152-to deduct and retain 3% of the assessments that are collected
153-by the seller from consumers and that are remitted timely and
154-timely filed with the Department, but only if the return is
155-filed electronically as provided in Section 3 of the
156-Retailers' Occupation Tax Act. Sellers who demonstrate that
157-they do not have access to the Internet or demonstrate
158-hardship in filing electronically may petition the Department
159-to waive the electronic filing requirement. The Department
160-shall deposit all assessments and penalties collected under
161-this Section into the Illinois Telecommunications Access
162-Corporation Fund, a special fund created in the State
163-treasury. On or before the 25th day of each calendar month, the
164-Department shall prepare and certify to the Comptroller the
165-amount available to the Commission for distribution out of the
166-Illinois Telecommunications Access Corporation Fund. The
167-amount certified shall be the amount (not including credit
168-memoranda) collected during the second preceding calendar
169-month by the Department, plus an amount the Department
170-determines is necessary to offset any amounts which were
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173-erroneously paid to a different taxing body or fund. The
174-amount paid to the Illinois Telecommunications Access
175-Corporation Fund shall not include any amount equal to the
176-amount of refunds made during the second preceding calendar
177-month by the Department to retailers under this Section or any
178-amount that the Department determines is necessary to offset
179-any amounts which were payable to a different taxing body or
180-fund but were erroneously paid to the Illinois
181-Telecommunications Access Corporation Fund. The Commission
182-shall distribute all the funds to the Illinois
183-Telecommunications Access Corporation and the funds may only
184-be used in accordance with the provisions of this Section. The
185-Department shall deduct 2% of all amounts deposited in the
186-Illinois Telecommunications Access Corporation Fund during
187-every year of remitted assessments. Of the 2% deducted by the
188-Department, one-half shall be transferred into the Tax
189-Compliance and Administration Fund to reimburse the Department
190-for its direct costs of administering the collection and
191-remittance of the assessment. The remaining one-half shall be
192-transferred into the Public Utility Fund to reimburse the
193-Commission for its costs of distributing to the Illinois
194-Telecommunications Access Corporation the amount certified by
195-the Department for distribution. The amount to be charged or
196-assessed under subsections (c) and (f) is not imposed on a
197-provider or the consumer for wireless Lifeline service where
198-the consumer does not pay the provider for the service. Where
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201-the consumer purchases from the provider optional minutes,
202-texts, or other services in addition to the federally funded
203-Lifeline benefit, a consumer must pay the charge or
204-assessment, and it must be collected by the seller according
205-to this subsection (f).
206-Interconnected VoIP services shall not be considered an
207-intrastate telecommunications service for the purposes of this
208-Section in a manner inconsistent with federal law or Federal
209-Communications Commission regulation.
210-(g) The provisions of this Section are severable under
211-Section 1.31 of the Statute on Statutes.
212-(h) The Commission may adopt rules necessary to implement
213-this Section.
214-(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15;
215-99-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff.
216-1-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303,
217-eff. 8-24-17; 100-863, eff. 8-14-18.)
218-Section 10. The Hearing Instrument Consumer Protection Act
219-is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5,
220-14, 16, 17, 18, 19, and 20 and by adding Sections 4.5, 4.6, and
221-12 as follows:
222-(225 ILCS 50/1) (from Ch. 111, par. 7401)
223-(Section scheduled to be repealed on January 1, 2026)
224-Sec. 1. Purpose. The purpose of this Act is to protect the
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106+1 "organizations serving the needs of those persons with hearing
107+2 or speech disabilities" means centers for independent living
108+3 as described in Section 12a of the Rehabilitation of Persons
109+4 with Disabilities Act and not-for-profit organizations whose
110+5 primary purpose is serving the needs of those persons with
111+6 hearing or speech disabilities. The Commission shall direct
112+7 the telecommunications carriers subject to its jurisdiction
113+8 and this Section to comply with its determinations and
114+9 specifications in this regard.
115+10 (e) As used in this Section:
116+11 "Prepaid wireless telecommunications service" has the
117+12 meaning given to that term under Section 10 of the Prepaid
118+13 Wireless 9-1-1 Surcharge Act.
119+14 "Retail transaction" has the meaning given to that term
120+15 under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
121+16 "Seller" has the meaning given to that term under Section
122+17 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
123+18 "Telecommunications carrier providing local exchange
124+19 service" includes, without otherwise limiting the meaning of
125+20 the term, telecommunications carriers which are purely mutual
126+21 concerns, having no rates or charges for services, but paying
127+22 the operating expenses by assessment upon the members of such
128+23 a company and no other person.
129+24 "Wireless carrier" has the meaning given to that term
130+25 under Section 2 of the Emergency Telephone System Act.
131+26 (f) Interconnected VoIP service providers, sellers of
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227-deaf or hard of hearing public from the practice of dispensing
228-hearing aids instruments that could endanger the health,
229-safety and welfare of the People of this State. The Federal
230-Food and Drug Administration and Federal Trade Commission has
231-recommended that State legislation is necessary in order to
232-establish standards of competency and to impose stringent
233-penalties for those who violate the public trust in this field
234-of health care.
235-(Source: P.A. 98-827, eff. 1-1-15.)
236-(225 ILCS 50/3) (from Ch. 111, par. 7403)
237-(Section scheduled to be repealed on January 1, 2026)
238-Sec. 3. Definitions. As used in this Act, except as the
239-context requires otherwise:
240-"Department" means the Department of Public Health.
241-"Director" means the Director of the Department of Public
242-Health.
243-"Direct supervision" means the final approval given by the
244-licensed hearing instrument professional to all work performed
245-by the person under supervision and that the licensed hearing
246-instrument professional is physically present in the facility
247-any time the person under supervision has contact with a
248-client. "Direct supervision" does not mean that the licensed
249-hearing instrument professional is in the same room when the
250-person under supervision has contact with the client.
251-"Federal Trade Commission" means the United States federal
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254-agency which regulates business practices and commerce.
255-"Food and Drug Administration" means the United States
256-federal agency which regulates hearing instruments or hearing
257-aids as medical devices.
258-"License" means a license issued by the State under this
259-Act to a hearing instrument dispenser.
260-"Licensed audiologist" means a person licensed as an
261-audiologist under the Illinois Speech-Language Pathology and
262-Audiology Practice Act and who can prescribe hearing aids in
263-accordance with this Act.
264-"National Board Certified Hearing Instrument Specialist"
265-means a person who has had at least 2 years in practice as a
266-licensed hearing instrument dispenser and has been certified
267-after qualification by examination by the National Board for
268-Certification in Hearing Instruments Sciences.
269-"Licensed physician" or "physician" means a physician
270-licensed in Illinois to practice medicine in all of its
271-branches pursuant to the Medical Practice Act of 1987.
272-"Trainee" means a person who is licensed to perform the
273-functions of a hearing instrument dispenser or audiologist in
274-accordance with the Department rules and only under the direct
275-supervision of a hearing instrument dispenser or audiologist
276-who is licensed in the State.
277-"Board" means the Hearing Instrument Consumer Protection
278-Board.
279-"Hearing instrument" or "hearing aid" means any instrument
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282-or device, including an instrument or device dispensed
283-pursuant to a prescription, that is designed, intended, or
284-offered for the purpose of improving a person's hearing and
285-any parts, attachments, or accessories, including earmolds.
286-"Hearing instrument" or "hearing aid" does not include
287-batteries, cords, and individual or group auditory training
288-devices and any instrument or device used by a public utility
289-in providing telephone or other communication services
290-wearable instrument or device designed for or offered for the
291-purpose of aiding or compensating for impaired human hearing
292-and that can provide more than 15 dB full on gain via a 2cc
293-coupler at any single frequency from 200 through 6000 cycles
294-per second, and any parts, attachments, or accessories,
295-including ear molds. "Hearing instrument" or "hearing aid" do
296-not include batteries, cords, or group auditory training
297-devices and any instrument or device used by a public utility
298-in providing telephone or other communication services are
299-excluded.
300-"Involvement of a licensed person" refers to the
301-supervisor, prescription or other order involvement or
302-interaction by a licensed hearing instrument professional.
303-"Practice of prescribing, fitting, dispensing, or
304-servicing of prescription hearing aids instruments" means the
305-measurement of human hearing with an audiometer, calibrated to
306-the current American National Standard Institute standards,
307-for the purpose of prescribing hearing aids and making
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142+1 prepaid wireless telecommunications service, and wireless
143+2 carriers in Illinois shall collect and remit assessments
144+3 determined in accordance with this Section in a competitively
145+4 neutral manner in the same manner as a telecommunications
146+5 carrier providing local exchange service. However, the
147+6 assessment imposed on consumers of prepaid wireless
148+7 telecommunications service shall be collected by the seller
149+8 from the consumer and imposed per retail transaction as a
150+9 percentage of that retail transaction on all retail
151+10 transactions occurring in this State. The assessment on
152+11 subscribers of wireless carriers and consumers of prepaid
153+12 wireless telecommunications service shall not be imposed or
154+13 collected prior to June 1, 2016.
155+14 Sellers of prepaid wireless telecommunications service
156+15 shall remit the assessments to the Department of Revenue on
157+16 the same form and in the same manner which they remit the fee
158+17 collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
159+18 the purposes of display on the consumers' receipts, the rates
160+19 of the fee collected under the Prepaid Wireless 9-1-1
161+20 Surcharge Act and the assessment under this Section may be
162+21 combined. In administration and enforcement of this Section,
163+22 the provisions of Sections 15 and 20 of the Prepaid Wireless
164+23 9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5),
165+24 (e), and (e-5) of Section 15 and subsections (c) and (e) of
166+25 Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and,
167+26 from June 29, 2015 (the effective date of Public Act 99-6), the
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310-selections, recommendations, adaptions, services, or sales of
311-hearing aids instruments including the making of earmolds as a
312-part of the hearing aid instrument.
313-"Sell" or "sale" means any transfer of title or of the
314-right to use by lease, bailment, or any other contract,
315-excluding wholesale transactions with distributors or dealers.
316-"Hearing instrument dispenser" means a person who is a
317-hearing instrument care professional that engages in the
318-selling, practice of fitting, selecting, recommending,
319-dispensing, prescribing, or servicing of prescription hearing
320-aids instruments or the testing for means of hearing aid
321-instrument selection or who advertises or displays a sign or
322-represents himself or herself as a person who practices the
323-testing, fitting, selecting, servicing, dispensing,
324-prescribing, or selling of prescription hearing aids
325-instruments.
326-"Fund" means the Hearing Instrument Dispenser Examining
327-and Disciplinary Fund.
328-"Hearing instrument care professional" means a person who
329-is a licensed audiologist, a licensed hearing instrument
330-dispenser, or a licensed physician.
331-"Over-the-counter hearing aid" means any instrument or
332-device that:
333-(1) uses the same fundamental scientific technology as
334-air conduction hearing aids, as defined in 21 CFR
335-874.3300, or wireless air conduction hearing aids, as
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338-defined in 21 CFR 874.3305;
339-(2) is intended to be used by adults age 18 and older
340-to compensate for perceived mild to moderate hearing
341-impairment;
342-(3) through tools, tests, or software, allows the user
343-to control the over-the-counter hearing aid and customize
344-it to the user's hearing needs;
345-(4) may use wireless technology or include tests for
346-self-assessment of hearing loss; and
347-(5) is available over-the-counter, without the
348-supervision, prescription, or other order, involvement, or
349-intervention of a licensed person, to consumers through
350-in-person transactions, by mail, or online.
351-"Over-the-counter hearing aid" does not include batteries,
352-cords, and individual or group auditory training devices or
353-any instrument or device used by a public utility in providing
354-telephone or other communication services.
355-"Personal sound amplification product" means an
356-amplification device, as defined by the Food and Drug
357-Administration or the Federal Trade Commission, that is not
358-labeled as a hearing aid and is not intended to treat hearing
359-loss.
360-"Prescribe" means an order for a prescription hearing aid
361-issued by a licensed hearing instrument professional.
362-"Prescription hearing aid" means any wearable instrument
363-or device designed, intended, or offered for the purpose of
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366-improving a person's hearing that may only be obtained with
367-the involvement of a licensed hearing instrument professional.
368-(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
369-(225 ILCS 50/4) (from Ch. 111, par. 7404)
370-(Section scheduled to be repealed on January 1, 2026)
371-Sec. 4. Disclosure; waiver; complaints; insurance. The
372-hearing instrument professional dispenser shall give at no
373-charge to every person fitted and sold a hearing aid
374-instrument the "User Instructional Brochure", supplied by the
375-hearing aid instrument manufacturer containing information
376-required by the U.S. Food and Drug Administration.
377-All hearing instruments or hearing aids must be dispensed
378-or sold in accordance with Food and Drug Administration and
379-Federal Trade Commission regulations governing the dispensing
380-and sale of personal sound amplification products or hearing
381-aids.
382-A consumer who purchases an over-the-counter hearing aid
383-must be provided a sales receipt at the time of the
384-transaction.
385-Whenever a sale or service of one or more prescription
386-hearing aids instrument involving $50 or more is made or
387-contracted to be made, whether under a single contract or
388-under multiple contracts, at the time of the transaction, the
389-hearing instrument professional dispenser shall furnish the
390-consumer with a fully completed receipt or contract pertaining
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178+1 seller shall be permitted to deduct and retain 3% of the
179+2 assessments that are collected by the seller from consumers
180+3 and that are remitted and timely filed with the Department)
181+4 that are not inconsistent with this Section, shall apply, as
182+5 far as practicable, to the subject matter of this Section to
183+6 the same extent as if those provisions were included in this
184+7 Section. Beginning on January 1, 2018, the seller is allowed
185+8 to deduct and retain 3% of the assessments that are collected
186+9 by the seller from consumers and that are remitted timely and
187+10 timely filed with the Department, but only if the return is
188+11 filed electronically as provided in Section 3 of the
189+12 Retailers' Occupation Tax Act. Sellers who demonstrate that
190+13 they do not have access to the Internet or demonstrate
191+14 hardship in filing electronically may petition the Department
192+15 to waive the electronic filing requirement. The Department
193+16 shall deposit all assessments and penalties collected under
194+17 this Section into the Illinois Telecommunications Access
195+18 Corporation Fund, a special fund created in the State
196+19 treasury. On or before the 25th day of each calendar month, the
197+20 Department shall prepare and certify to the Comptroller the
198+21 amount available to the Commission for distribution out of the
199+22 Illinois Telecommunications Access Corporation Fund. The
200+23 amount certified shall be the amount (not including credit
201+24 memoranda) collected during the second preceding calendar
202+25 month by the Department, plus an amount the Department
203+26 determines is necessary to offset any amounts which were
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393-to that transaction, in substantially the same language as
394-that used in the oral presentation to the consumer. The
395-receipt or contract provided to the consumer shall contain (i)
396-the hearing instrument professional's dispenser's name,
397-license number, business address, business phone number, and
398-signature; (ii) the name, address, and signature of the
399-hearing instrument consumer; (iii) and the name and signature
400-of the purchaser if the consumer and the purchaser are not the
401-same person; (iv) the hearing aid instrument manufacturer's
402-name, and the model and serial numbers; (v) the date of
403-purchase; and (vi) the charges required to complete the terms
404-of the sale, which must be fully and clearly stated. When the
405-hearing aid instrument is delivered to the consumer or
406-purchaser, the serial number shall be written on the original
407-receipt or contract and a copy shall be given to the consumer
408-or purchaser. If a used hearing instrument is sold, the
409-receipt and the container thereof shall be clearly marked as
410-"used" or "reconditioned", whichever is applicable, with terms
411-of guarantee, if any.
412-All hearing instruments offered for sale must be
413-accompanied by a 30-business day return privilege. The receipt
414-or contract provided to the consumer shall state that the
415-consumer has a right to return the hearing instrument for a
416-refund within 30 business days of the date of delivery. If a
417-nonrefundable dispensing fee or restocking fee, or both, will
418-be withheld from the consumer in event of return, the terms
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421-must be clearly stated on the receipt or contract provided to
422-the consumer.
423-A hearing instrument dispenser shall not sell a hearing
424-instrument unless the prospective user has presented to the
425-hearing instrument dispenser a written statement, signed by a
426-licensed physician, which states that the patient's hearing
427-loss has been medically evaluated and the patient is
428-considered a candidate for a hearing instrument. The medical
429-evaluation must have taken place within the 6 months
430-immediately preceding the date of the sale of the hearing
431-instrument to the prospective hearing instrument user. If the
432-prospective hearing instrument user is 18 years of age or
433-older, the hearing instrument dispenser may afford the
434-prospective user an opportunity to waive the medical
435-evaluation required by this Section, provided that the hearing
436-instrument dispenser:
437-(i) Informs the prospective user that the exercise of
438-a waiver is not in the user's best health interest;
439-(ii) Does not in any way actively encourage the
440-prospective user to waive the medical evaluation; and
441-(iii) Affords the prospective user the option to sign
442-the following statement:
443-"I have been advised by .................(hearing
444-instrument dispenser's name) that the Food and Drug
445-Administration has determined that my best interest
446-would be served if I had a medical evaluation by a
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449-licensed physician (preferably a physician who
450-specializes in diseases of the ear) before purchasing
451-a hearing instrument. I do not wish a medical
452-evaluation before purchasing a hearing instrument."
453-The hearing instrument professional dispenser or the
454-professional's his or her employer shall retain proof of the
455-medical examination or the waiver for at least 3 years from the
456-date of the sale.
457-If the parent or guardian of any individual under the age
458-17 or under of 18 years is a member of any church or religious
459-denomination, whose tenets and practices include reliance upon
460-spiritual means through prayer alone and objects to medical
461-treatment and so states in writing to the hearing instrument
462-professional dispenser, such individual shall undergo a
463-hearing examination as provided by this Section but no proof,
464-ruling out any medically treatable problem causing hearing
465-loss, shall be required.
466-All persons licensed under this Act shall have
467-conspicuously displayed in their business establishment a sign
468-indicating that formal complaints regarding hearing aid
469-instrument goods or services may be made to the Department.
470-Such sign shall give the address and telephone number of the
471-Department. All persons purchasing hearing aids instruments
472-shall be provided with a written statement indicating that
473-formal complaints regarding hearing aid instrument goods or
474-services may be made to the Department and disclosing the
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214+1 erroneously paid to a different taxing body or fund. The
215+2 amount paid to the Illinois Telecommunications Access
216+3 Corporation Fund shall not include any amount equal to the
217+4 amount of refunds made during the second preceding calendar
218+5 month by the Department to retailers under this Section or any
219+6 amount that the Department determines is necessary to offset
220+7 any amounts which were payable to a different taxing body or
221+8 fund but were erroneously paid to the Illinois
222+9 Telecommunications Access Corporation Fund. The Commission
223+10 shall distribute all the funds to the Illinois
224+11 Telecommunications Access Corporation and the funds may only
225+12 be used in accordance with the provisions of this Section. The
226+13 Department shall deduct 2% of all amounts deposited in the
227+14 Illinois Telecommunications Access Corporation Fund during
228+15 every year of remitted assessments. Of the 2% deducted by the
229+16 Department, one-half shall be transferred into the Tax
230+17 Compliance and Administration Fund to reimburse the Department
231+18 for its direct costs of administering the collection and
232+19 remittance of the assessment. The remaining one-half shall be
233+20 transferred into the Public Utility Fund to reimburse the
234+21 Commission for its costs of distributing to the Illinois
235+22 Telecommunications Access Corporation the amount certified by
236+23 the Department for distribution. The amount to be charged or
237+24 assessed under subsections (c) and (f) is not imposed on a
238+25 provider or the consumer for wireless Lifeline service where
239+26 the consumer does not pay the provider for the service. Where
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477-address and telephone number of the Department.
478-Any person wishing to make a complaint, against a hearing
479-instrument professional dispenser under this Act, shall file
480-it with the Department within 3 years from the date of the
481-action upon which the complaint is based. The Department shall
482-investigate all such complaints.
483-All persons licensed under this Act shall maintain
484-liability insurance as set forth by rule and shall be
485-responsible for the annual calibration of all audiometers in
486-use by such persons. Such annual calibrations shall be in
487-conformance with the current standards set by American
488-National Standard Institute.
489-(Source: P.A. 91-932, eff. 1-1-01.)
490-(225 ILCS 50/4.5 new)
491-Sec. 4.5. Hearing aids dispensed by prescription to
492-persons age 17 or younger.
493-(a) A hearing instrument professional may dispense a
494-hearing aid to a person age 17 or younger in accordance with
495-the requirements of this Section.
496-(b) A hearing instrument professional shall not sell a
497-prescription hearing aid to anyone age 17 or younger unless
498-the prospective user has presented to the hearing instrument
499-professional a written statement, signed by a licensed
500-physician, that states that the patient's hearing loss has
501-been medically evaluated and the patient is considered a
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504-candidate for a hearing aid. The medical evaluation must have
505-been performed within the 6 months immediately preceding the
506-date of the sale of the hearing aid to the prospective hearing
507-aid user.
508-(c) A person age 17 or younger must be medically evaluated
509-in person by a physician before receiving a prescription for a
510-hearing aid. The evaluation must have been performed within
511-the 6 months immediately preceding the date that the hearing
512-aid is dispensed.
513-(d) Following a medical evaluation by a licensed
514-physician, a licensed audiologist or a licensed physician
515-other than the evaluating physician may prescribe a
516-prescription hearing aid for an individual age 17 or younger.
517-A person age 17 or younger may not waive the medical evaluation
518-or receipt of a prescription from a licensed audiologist or a
519-licensed physician unless the person is replacing a lost or
520-stolen hearing aid that is subject to warranty replacement.
521-(e) A hearing aid prescription for individuals age 17 or
522-younger issued by a licensed audiologist or a licensed
523-physician other than the evaluating physician must include, at
524-a minimum, the following information:
525-(1) name of the patient;
526-(2) documentation of medical evaluation by a
527-physician;
528-(3) date the prescription is issued;
529-(4) expiration date of the prescription, which may not
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532-exceed 6 months from the date of issuance;
533-(5) name and license number of the prescribing
534-licensed audiologist or licensed physician;
535-(6) results of the following assessments: (i)
536-age-appropriate pure-tone air conduction audiometry or
537-results of auditory evoked potential testing, including,
538-but not limited to, auditory brainstem response or
539-otoacoustic emissions testing; (ii) bone conduction
540-testing, as age appropriate; and (iii) recorded or live
541-voice speech in quiet, as age appropriate;
542-(7) documentation of type and style of hearing aid;
543-and
544-(8) documentation of medical necessity of the
545-recommended features of a hearing aid.
546-(225 ILCS 50/4.6 new)
547-Sec. 4.6. Prescription hearing aids for persons age 18 or
548-older.
549-(a) A hearing instrument professional may dispense a
550-hearing aid to a person age 18 or older in accordance with the
551-requirements of this Section.
552-(b) A person age 18 or older must be evaluated by a hearing
553-instrument professional in person or via telehealth before
554-receiving a prescription for a hearing aid. A person age 18 or
555-older may not waive evaluation by a hearing instrument
556-professional unless he or she is replacing a lost or stolen
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250+1 the consumer purchases from the provider optional minutes,
251+2 texts, or other services in addition to the federally funded
252+3 Lifeline benefit, a consumer must pay the charge or
253+4 assessment, and it must be collected by the seller according
254+5 to this subsection (f).
255+6 Interconnected VoIP services shall not be considered an
256+7 intrastate telecommunications service for the purposes of this
257+8 Section in a manner inconsistent with federal law or Federal
258+9 Communications Commission regulation.
259+10 (g) The provisions of this Section are severable under
260+11 Section 1.31 of the Statute on Statutes.
261+12 (h) The Commission may adopt rules necessary to implement
262+13 this Section.
263+14 (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15;
264+15 99-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff.
265+16 1-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303,
266+17 eff. 8-24-17; 100-863, eff. 8-14-18.)
267+18 Section 10. The Hearing Instrument Consumer Protection Act
268+19 is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5,
269+20 14, 16, 17, 18, 19, and 20 and by adding Sections 4.5, 4.6, and
270+21 12 as follows:
271+22 (225 ILCS 50/1) (from Ch. 111, par. 7401)
272+23 (Section scheduled to be repealed on January 1, 2026)
273+24 Sec. 1. Purpose. The purpose of this Act is to protect the
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559-hearing aid that is subject to warranty replacement.
560-(c) A hearing instrument professional shall not sell
561-prescription hearing aid to anyone age 18 or older if the
562-prospective user had a negative finding on the Consumer Ear
563-Disease Risk Assessment or a similar standardized assessment.
564-The prospective user who had a negative finding on the
565-Consumer Ear Disease Risk Assessment or similar standardized
566-assessment shall present to the hearing instrument
567-professional a written statement, signed by a licensed
568-physician, which states that the patient's hearing loss has
569-been medically evaluated and the patient is considered a
570-candidate for a prescription hearing aid. The medical
571-evaluation must have been performed within the 12 months
572-immediately preceding the date of the sale of the hearing aid
573-to the prospective hearing aid user.
574-(d) A hearing aid prescription for individuals age 18 or
575-older must include, at a minimum, the following information:
576-(1) name of the patient;
577-(2) date the prescription is issued;
578-(3) expiration date of the prescription, which may not
579-exceed one year from the date of issuance;
580-(4) name and license number of the prescribing hearing
581-instrument professional;
582-(5) results of the following assessments:
583-(A) hearing handicap inventory or similar
584-standardized, evidence-based tool;
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587-(B) pure-tone air conduction audiometry;
588-(C) bone conduction testing or consumer ear
589-disease risk assessment or a similar standardized
590-evidence-based tool;
591-(D) recorded speech in quiet, as medically
592-appropriate;
593-(E) recorded speech or digits in noise, as medical
594-appropriate;
595-(6) documentation of type and style of hearing aid;
596-and
597-(7) documentation of medical necessity of the
598-recommended features of a hearing aid.
599-(225 ILCS 50/5) (from Ch. 111, par. 7405)
600-(Section scheduled to be repealed on January 1, 2026)
601-Sec. 5. License required. No person shall engage in the
602-selling, practice of testing, fitting, selecting,
603-recommending, adapting, dispensing, or servicing hearing aids
604-instruments or display a sign, advertise, or represent oneself
605-as a person who practices the fitting or selling of hearing
606-aids instruments unless such person holds a current license
607-issued by the Department as provided in this Act. Such person
608-shall be known as a licensed hearing instrument dispenser.
609-Individuals licensed pursuant to the provisions of Section 8
610-of this Act shall be deemed qualified to provide tests of human
611-hearing and hearing aid instrument evaluations for the purpose
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614-of dispensing a hearing aid instrument for which any State
615-agency may contract. The license shall be conspicuously
616-displayed in the place of business. Duplicate licenses shall
617-be issued by the Department to licensees operating more than
618-one office upon the additional payment set forth in this Act.
619-No hearing aids instrument manufacturer may distribute, sell,
620-or otherwise provide hearing aids instruments to any
621-unlicensed hearing instrument care professional for the
622-purpose of selling hearing aids instruments to the consumer.
623-Except for violations of the provisions of this Act, or
624-the rules promulgated under it, nothing in this Act shall
625-prohibit a corporation, partnership, trust, association, or
626-other entity from engaging in the business of testing,
627-fitting, servicing, selecting, dispensing, selling, or
628-offering for sale hearing aid instruments at retail without a
629-license, provided it employs only licensed individuals in the
630-direct testing, fitting, servicing, selecting, offering for
631-sale, or dispensing of such products. Each such corporation,
632-partnership, trust, association, or other entity shall file
633-with the Department, prior to doing business in this State and
634-by July 1 of each calendar year thereafter, on forms
635-prescribed by the Department, a list of all licensed hearing
636-instrument dispensers employed by it and a statement attesting
637-that it complies with this Act and the rules promulgated under
638-it and the regulations of the Federal Food and Drug
639-Administration and the Federal Trade Commission insofar as
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284+1 deaf or hard of hearing public from the practice of dispensing
285+2 hearing aids instruments that could endanger the health,
286+3 safety and welfare of the People of this State. The Federal
287+4 Food and Drug Administration and Federal Trade Commission has
288+5 recommended that State legislation is necessary in order to
289+6 establish standards of competency and to impose stringent
290+7 penalties for those who violate the public trust in this field
291+8 of health care.
292+9 (Source: P.A. 98-827, eff. 1-1-15.)
293+10 (225 ILCS 50/3) (from Ch. 111, par. 7403)
294+11 (Section scheduled to be repealed on January 1, 2026)
295+12 Sec. 3. Definitions. As used in this Act, except as the
296+13 context requires otherwise:
297+14 "Department" means the Department of Public Health.
298+15 "Director" means the Director of the Department of Public
299+16 Health.
300+17 "Direct supervision" means the final approval given by the
301+18 licensed hearing instrument professional to all work performed
302+19 by the person under supervision and that the licensed hearing
303+20 instrument professional is physically present in the facility
304+21 any time the person under supervision has contact with a
305+22 client. "Direct supervision" does not mean that the licensed
306+23 hearing instrument professional is in the same room when the
307+24 person under supervision has contact with the client.
308+25 "Federal Trade Commission" means the United States federal
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642-they are applicable.
643-(Source: P.A. 99-204, eff. 7-30-15.)
644-(225 ILCS 50/6) (from Ch. 111, par. 7406)
645-(Section scheduled to be repealed on January 1, 2026)
646-Sec. 6. Mail order and Internet sales. Nothing in this Act
647-shall prohibit a corporation, partnership, trust, association,
648-or other organization, maintaining an established business
649-address, from engaging in the business of selling or offering
650-for sale hearing aids instruments at retail by mail or by
651-Internet to persons 18 years of age or older who have not been
652-examined by a licensed physician or tested by a licensed
653-hearing instrument professional dispenser provided that:
654-(a) The organization is registered by the Department prior
655-to engaging in business in this State and has paid the fee set
656-forth in this Act.
657-(b) The organization files with the Department, prior to
658-registration and annually thereafter, a Disclosure Statement
659-containing the following:
660-(1) the name under which the organization is doing or
661-intends to do business and the name of any affiliated
662-company which the organization recommends or will
663-recommend to persons as a supplier of goods or services or
664-in connection with other business transactions of the
665-organization;
666-(2) the organization's principal business address and
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669-the name and address of its agent in this State authorized
670-to receive service of process;
671-(3) the business form of the organization, whether
672-corporate, partnership, or otherwise and the state or
673-other sovereign power under which the organization is
674-organized;
675-(4) the names of the directors or persons performing
676-similar functions and names and addresses of the chief
677-executive officer, and the financial, accounting, sales,
678-and other principal executive officers, if the
679-organization is a corporation, association, or other
680-similar entity; of all general partners, if the
681-organization is a partnership; and of the owner, if the
682-organization is a sole proprietorship, together with a
683-statement of the business background during the past 5
684-years for each such person;
685-(5) a statement as to whether the organization or any
686-person identified in the disclosure statement:
687-(i) has during the 5-year 5 year period
688-immediately preceding the date of the disclosure
689-statement been convicted of a felony, pleaded nolo
690-contendere to a felony charge, or been held liable in a
691-civil action by final judgment, if such felony or
692-civil action involved fraud, embezzlement, or
693-misappropriation of property, and a description
694-thereof; or
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697-(ii) is subject to any currently effective
698-injunctive or restrictive order as a result of a
699-proceeding or pending action brought by any government
700-agency or department, and a description thereof; or
701-(iii) is a defendant in any pending criminal or
702-material civil action relating to fraud, embezzlement,
703-misappropriation of property or violations of the
704-antitrust or trade regulation laws of the United
705-States or any state, and a description thereof; or
706-(iv) has during the 5-year 5 year period
707-immediately preceding the date of the disclosure
708-statement had entered against such person or
709-organization a final judgment in any material civil
710-proceeding, and a description thereof; or
711-(v) has during the 5-year 5 year period
712-immediately preceding the date of the disclosure
713-statement been adjudicated a bankrupt or reorganized
714-due to insolvency or was a principal executive officer
715-or general partner of any company that has been
716-adjudicated a bankrupt or reorganized due to
717-insolvency during such 5-year 5 year period, and a
718-description thereof;
719-(6) the length of time the organization and any
720-predecessor of the organization has conducted a business
721-dealing with hearing aid instrument goods or services;
722-(7) a financial statement of the organization as of
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319+1 agency which regulates business practices and commerce.
320+2 "Food and Drug Administration" means the United States
321+3 federal agency which regulates hearing instruments or hearing
322+4 aids as medical devices.
323+5 "License" means a license issued by the State under this
324+6 Act to a hearing instrument dispenser.
325+7 "Licensed audiologist" means a person licensed as an
326+8 audiologist under the Illinois Speech-Language Pathology and
327+9 Audiology Practice Act and who can prescribe hearing aids in
328+10 accordance with this Act.
329+11 "National Board Certified Hearing Instrument Specialist"
330+12 means a person who has had at least 2 years in practice as a
331+13 licensed hearing instrument dispenser and has been certified
332+14 after qualification by examination by the National Board for
333+15 Certification in Hearing Instruments Sciences.
334+16 "Licensed physician" or "physician" means a physician
335+17 licensed in Illinois to practice medicine in all of its
336+18 branches pursuant to the Medical Practice Act of 1987.
337+19 "Trainee" means a person who is licensed to perform the
338+20 functions of a hearing instrument dispenser or audiologist in
339+21 accordance with the Department rules and only under the direct
340+22 supervision of a hearing instrument dispenser or audiologist
341+23 who is licensed in the State.
342+24 "Board" means the Hearing Instrument Consumer Protection
343+25 Board.
344+26 "Hearing instrument" or "hearing aid" means any instrument
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725-the close of the most recent fiscal year of the
726-organization. If the financial statement is filed later
727-than 120 days following the close of the fiscal year of the
728-organization it must be accompanied by a statement of the
729-organization of any material changes in the financial
730-condition of the organization;
731-(8) a general description of the business, including
732-without limitation a description of the goods, training
733-programs, supervision, advertising, promotion and other
734-services provided by the organization;
735-(9) a statement of any compensation or other benefit
736-given or promised to a public figure arising, in whole or
737-in part, from (i) the use of the public figure in the name
738-or symbol of the organization or (ii) the endorsement or
739-recommendation of the organization by the public figure in
740-advertisements;
741-(10) a statement setting forth such additional
742-information and such comments and explanations relative to
743-the information contained in the disclosure statement as
744-the organization may desire to present.
745-(b-5) If a device being sold does not meet the definition
746-of an over-the-counter a hearing aid or a prescription hearing
747-aid, instrument or hearing device as stated in this Act, the
748-organization shall include a disclaimer in all written or
749-electronic promotions. The disclaimer shall include the
750-following language:
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753-"This is not a hearing instrument or hearing aid as
754-defined in the Hearing Instrument Consumer Protection Act,
755-but a personal sound amplification product amplifier and
756-not intended to replace a properly fitted and calibrated
757-hearing aid or treat hearing loss instrument.".
758-(c) The organization files with the Department prior to
759-registration and annually thereafter a statement that it
760-complies with the Act, the rules issued pursuant to it, and the
761-regulations of the Federal Food and Drug Administration and
762-the Federal Trade Commission insofar as they are applicable.
763-(d) The organization files with the Department at the time
764-of registration an irrevocable consent to service of process
765-authorizing the Department and any of its successors to be
766-served any notice, process, or pleading in any action or
767-proceeding against the organization arising out of or in
768-connection with any violation of this Act. Such service shall
769-have the effect of conferring personal jurisdiction over such
770-organization in any court of competent jurisdiction.
771-(e) Before dispensing a hearing aid by mail or over the
772-Internet instrument to a resident of this State, the
773-organization informs (i) the parent or guardian of a person
774-age 17 or younger that he or she must obtain a prescription
775-issued by a licensed audiologist or licensed physician that
776-meets the requirements of Section 4.5 or (ii) a person age 18
777-or older that he or she must obtain a prescription issued by a
778-hearing instrument professional that meets the requirements of
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781-Section 4.6. the prospective users that they need the
782-following for proper fitting of a hearing instrument:
783-(1) the results of an audiogram performed within the
784-past 6 months by a licensed audiologist or a licensed
785-hearing instrument dispenser; and
786-(2) an earmold impression obtained from the
787-prospective user and taken by a licensed hearing
788-instrument dispenser or licensed audiologist.
789-(f) (Blank). The prospective user receives a medical
790-evaluation or the organization affords the prospective user an
791-opportunity to waive the medical evaluation requirement of
792-Section 4 of this Act and the testing requirement of
793-subsection (z) of Section 18, provided that the organization:
794-(1) informs the prospective user that the exercise of
795-the waiver is not in the user's best health interest;
796-(2) does not in any way actively encourage the
797-prospective user to waive the medical evaluation or test;
798-and
799-(3) affords the prospective user the option to sign
800-the following statement:
801-"I have been advised by .......... (hearing
802-instrument dispenser's name) that the Food and Drug
803-Administration and the State of Illinois have
804-determined that my best interest would be served if I
805-had a medical evaluation by a licensed physician,
806-preferably a physician who specialized in diseases of
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355+1 or device, including an instrument or device dispensed
356+2 pursuant to a prescription, that is designed, intended, or
357+3 offered for the purpose of improving a person's hearing and
358+4 any parts, attachments, or accessories, including earmolds.
359+5 "Hearing instrument" or "hearing aid" does not include
360+6 batteries, cords, and individual or group auditory training
361+7 devices and any instrument or device used by a public utility
362+8 in providing telephone or other communication services
363+9 wearable instrument or device designed for or offered for the
364+10 purpose of aiding or compensating for impaired human hearing
365+11 and that can provide more than 15 dB full on gain via a 2cc
366+12 coupler at any single frequency from 200 through 6000 cycles
367+13 per second, and any parts, attachments, or accessories,
368+14 including ear molds. "Hearing instrument" or "hearing aid" do
369+15 not include batteries, cords, or group auditory training
370+16 devices and any instrument or device used by a public utility
371+17 in providing telephone or other communication services are
372+18 excluded.
373+19 "Involvement of a licensed person" refers to the
374+20 supervisor, prescription or other order involvement or
375+21 interaction by a licensed hearing instrument professional.
376+22 "Practice of prescribing, fitting, dispensing, or
377+23 servicing of prescription hearing aids instruments" means the
378+24 measurement of human hearing with an audiometer, calibrated to
379+25 the current American National Standard Institute standards,
380+26 for the purpose of prescribing hearing aids and making
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809-the ear, before purchasing a hearing instrument; or a
810-test by a licensed audiologist or licensed hearing
811-instrument dispenser utilizing established procedures
812-and instrumentation in the fitting of hearing
813-instruments. I do not wish either a medical evaluation
814-or test before purchasing a hearing instrument."
815-(g) Where a sale, lease, or rental of prescription hearing
816-aids are instruments is sold or contracted to be sold to a
817-consumer by mail order or via the Internet, the consumer may
818-void the contract or sale by notifying the seller within 45
819-business days following that day on which the hearing aids
820-instruments were mailed by the seller to the consumer and by
821-returning to the seller in its original condition any hearing
822-aids instrument delivered to the consumer under the contract
823-or sale. At the time the hearing aid instrument is mailed, the
824-seller shall furnish the consumer with a fully completed
825-receipt or copy of any contract pertaining to the sale that
826-contains a "Notice of Cancellation" informing the consumer
827-that he or she may cancel the sale at any time within 45
828-business days and disclosing the date of the mailing and the
829-name, address, and telephone number of the seller. In
830-immediate proximity to the space reserved in the contract for
831-the signature of the consumer, or on the front page of the
832-receipt if a contract is not used, and in bold face type of a
833-minimum size of 10 points, there shall be a statement in
834-substantially the following form:
835383
836384
837-"You, the buyer, may cancel this transaction at any
838-time prior to midnight of the 45th business day after the
839-date of this transaction. See the attached notice of
840-cancellation form for an explanation of this right."
841-Attached to the receipt or contract shall be a completed
842-form in duplicate, captioned "NOTICE OF CANCELLATION" which
843-shall be easily detachable and which shall contain in at least
844-10 point bold face type the following information and
845-statements in the same language as that used in the contract:
846-"NOTICE OF CANCELLATION
847-enter date of transaction
848-.........................
849-(DATE)
850-YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
851-OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
852-IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
853-BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
854-RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
855-WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
856-THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
857-PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
858-ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
859-IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN
860-SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
861-DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
862-TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
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865-AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
866-WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
867-AT (address of seller's place of business) AND (seller's
868-telephone number) NO LATER THAN MIDNIGHT OF
869-...........(date).
870-I HEREBY CANCEL THIS TRANSACTION.
871-(Date)............
872-..................
873-(Buyers Signature)"
874-The written "Notice of Cancellation" may be sent by the
875-consumer to the seller to cancel the contract. The 45-day
876-period does not commence until the consumer is furnished the
877-Notice of Cancellation and the address and phone number at
878-which such notice to the seller can be given.
879-If the conditions of this Section are met, the seller must
880-return to the consumer the amount of any payment made or
881-consideration given under the contract or for the merchandise
882-less a nonrefundable restocking fee.
883-It is an unlawful practice for a seller to: (1) hold a
884-consumer responsible for any liability or obligation under any
885-mail order transaction if the consumer claims not to have
886-received the merchandise unless the merchandise was sent by
887-certified mail or other delivery method by which the seller is
888-provided with proof of delivery; (2) fail, before furnishing
889-copies of the "Notice of Cancellation" to the consumer, to
890-complete both copies by entering the name of the seller, the
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391+1 selections, recommendations, adaptions, services, or sales of
392+2 hearing aids instruments including the making of earmolds as a
393+3 part of the hearing aid instrument.
394+4 "Sell" or "sale" means any transfer of title or of the
395+5 right to use by lease, bailment, or any other contract,
396+6 excluding wholesale transactions with distributors or dealers.
397+7 "Hearing instrument dispenser" means a person who is a
398+8 hearing instrument care professional that engages in the
399+9 selling, practice of fitting, selecting, recommending,
400+10 dispensing, prescribing, or servicing of prescription hearing
401+11 aids instruments or the testing for means of hearing aid
402+12 instrument selection or who advertises or displays a sign or
403+13 represents himself or herself as a person who practices the
404+14 testing, fitting, selecting, servicing, dispensing,
405+15 prescribing, or selling of prescription hearing aids
406+16 instruments.
407+17 "Fund" means the Hearing Instrument Dispenser Examining
408+18 and Disciplinary Fund.
409+19 "Hearing instrument care professional" means a person who
410+20 is a licensed audiologist, a licensed hearing instrument
411+21 dispenser, or a licensed physician.
412+22 "Over-the-counter hearing aid" means any instrument or
413+23 device that:
414+24 (1) uses the same fundamental scientific technology as
415+25 air conduction hearing aids, as defined in 21 CFR
416+26 874.3300, or wireless air conduction hearing aids, as
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892418
893-address of the seller's place of business, the seller's
894-telephone number, the date of the mailing, and the date, not
895-earlier than the 45th business day following the date of the
896-mailing, by which the consumer may give notice of
897-cancellation; (3) include in any contract or receipt any
898-confession of judgment or any waiver of any of the rights to
899-which the consumer is entitled under this Section including
900-specifically his right to cancel the sale in accordance with
901-the provisions of this Section; (4) misrepresent in any manner
902-the consumer's right to cancel; (5) use any undue influence,
903-coercion, or any other wilful act or representation to
904-interfere with the consumer's exercise of his rights under
905-this Section; (6) fail or refuse to honor any valid notice of
906-cancellation and return of merchandise by a consumer and,
907-within 10 business days after the receipt of such notice and
908-merchandise pertaining to such transaction, to (i) refund
909-payments made under the contract or sale, (ii) return any
910-goods or property traded in, in substantially as good
911-condition as when received by the person, (iii) cancel and
912-return any negotiable instrument executed by the consumer in
913-connection with the contract or sale and take any action
914-necessary or appropriate to terminate promptly any security
915-interest created in the transaction; (7) negotiate, transfer,
916-sell, or assign any note or other evidence of indebtedness to a
917-finance company or other third party prior to the 50th
918-business day following the day of the mailing; or (8) fail to
919419
920420
921-provide the consumer of a hearing aid instrument with written
922-information stating the name, address, and telephone number of
923-the Department and informing the consumer that complaints
924-regarding hearing aid instrument goods or services may be made
925-to the Department.
926-(h) The organization employs only licensed hearing
927-instrument professionals dispensers in the dispensing of
928-hearing aids instruments and files with the Department, by
929-January 1 of each year, a list of all licensed hearing
930-instrument professionals dispensers employed by it.
931-(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
932-(225 ILCS 50/7) (from Ch. 111, par. 7407)
933-(Section scheduled to be repealed on January 1, 2026)
934-Sec. 7. Exemptions.
935-(a) The following are exempt from this Act:
936-(1) Licensed physicians. This exemption, however, does
937-not apply to a physician's employee or subcontractor who
938-is not a physician.
939-(2) Persons who only repair or manufacture hearing
940-instruments and their accessories for wholesale.
941-(b) Audiometers used by persons exempt from this Act to
942-dispense hearing instruments must meet the annual calibration
943-requirements and current standards set by the American
944-National Standards Institute.
945-(c) Audiologists licensed under the Illinois
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948-Speech-Language Pathology and Audiology Practice Act are
949-exempt from licensure under this Act, but are otherwise
950-subject to the practices and provisions of this Act.
951-(d) Hearing aid technicians are exempt from licensure
952-under this Act but are otherwise subject to the practices and
953-provisions of this Act.
954-(Source: P.A. 91-932, eff. 1-1-01.)
955-(225 ILCS 50/8) (from Ch. 111, par. 7408)
956-(Section scheduled to be repealed on January 1, 2026)
957-Sec. 8. Applicant qualifications; examination.
958-(a) In order to protect persons who are deaf or hard of
959-hearing, the Department shall authorize or shall conduct an
960-appropriate examination, which may be the International
961-Hearing Society's licensure examination, for persons who
962-dispense, test, select, recommend, fit, or service hearing
963-aids instruments. The frequency of holding these examinations
964-shall be determined by the Department by rule. Those who
965-successfully pass such an examination shall be issued a
966-license as a hearing instrument dispenser, which shall be
967-effective for a 2-year period.
968-(b) Applicants shall be:
969-(1) at least 18 years of age;
970-(2) of good moral character;
971-(3) the holder of an associate's degree or the
972-equivalent;
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427+1 defined in 21 CFR 874.3305;
428+2 (2) is intended to be used by adults age 18 and older
429+3 to compensate for perceived mild to moderate hearing
430+4 impairment;
431+5 (3) through tools, tests, or software, allows the user
432+6 to control the over-the-counter hearing aid and customize
433+7 it to the user's hearing needs;
434+8 (4) may use wireless technology or include tests for
435+9 self-assessment of hearing loss; and
436+10 (5) is available over-the-counter, without the
437+11 supervision, prescription, or other order, involvement, or
438+12 intervention of a licensed person, to consumers through
439+13 in-person transactions, by mail, or online.
440+14 "Over-the-counter hearing aid" does not include batteries,
441+15 cords, and individual or group auditory training devices or
442+16 any instrument or device used by a public utility in providing
443+17 telephone or other communication services.
444+18 "Personal sound amplification product" means an
445+19 amplification device, as defined by the Food and Drug
446+20 Administration or the Federal Trade Commission, that is not
447+21 labeled as a hearing aid and is not intended to treat hearing
448+22 loss.
449+23 "Prescribe" means an order for a prescription hearing aid
450+24 issued by a licensed hearing instrument professional.
451+25 "Prescription hearing aid" means any wearable instrument
452+26 or device designed, intended, or offered for the purpose of
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975-(4) free of contagious or infectious disease; and
976-(5) a citizen or person lawfully present in the United
977-States.
978-Felony convictions of the applicant and findings against
979-the applicant involving matters set forth in Sections 17 and
980-18 shall be considered in determining moral character, but
981-such a conviction or finding shall not make an applicant
982-ineligible to register for examination.
983-(c) Prior to engaging in the practice of prescribing,
984-fitting, dispensing, or servicing hearing aids instruments, an
985-applicant shall demonstrate, by means of written and practical
986-examinations, that such person is qualified to practice the
987-testing, selecting, recommending, fitting, selling, or
988-servicing of hearing aids instruments as defined in this Act.
989-An applicant must obtain a license within 12 months after
990-passing either the written or practical examination, whichever
991-is passed first, or must take and pass those examinations
992-again in order to be eligible to receive a license.
993-The Department shall, by rule, determine the conditions
994-under which an individual is examined.
995-(d) Proof of having met the minimum requirements of
996-continuing education as determined by the Board shall be
997-required of all license renewals. Pursuant to rule, the
998-continuing education requirements may, upon petition to the
999-Board, be waived in whole or in part if the hearing instrument
1000-dispenser can demonstrate that he or she served in the Coast
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1002456
1003-Guard or Armed Forces, had an extreme hardship, or obtained
1004-his or her license by examination or endorsement within the
1005-preceding renewal period.
1006-(e) Persons applying for an initial license must
1007-demonstrate having earned, at a minimum, an associate degree
1008-or its equivalent from an accredited institution of higher
1009-education that is recognized by the U.S. Department of
1010-Education or that meets the U.S. Department of Education
1011-equivalency as determined through a National Association of
1012-Credential Evaluation Services (NACES) member, and meet the
1013-other requirements of this Section. In addition, the applicant
1014-must demonstrate the successful completion of (1) 12 semester
1015-hours or 18 quarter hours of academic undergraduate course
1016-work in an accredited institution consisting of 3 semester
1017-hours of anatomy and physiology of the hearing mechanism, 3
1018-semester hours of hearing science, 3 semester hours of
1019-introduction to audiology, and 3 semester hours of aural
1020-rehabilitation, or the quarter hour equivalent or (2) an
1021-equivalent program as determined by the Department that is
1022-consistent with the scope of practice of a hearing instrument
1023-dispenser as defined in Section 3 of this Act. Persons
1024-licensed before January 1, 2003 who have a valid license on
1025-that date may have their license renewed without meeting the
1026-requirements of this subsection.
1027-(Source: P.A. 102-1030, eff. 5-27-22.)
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1030-(225 ILCS 50/9) (from Ch. 111, par. 7409)
1031-(Section scheduled to be repealed on January 1, 2026)
1032-Sec. 9. Areas of examination. The examination required by
1033-Section 8 shall be set forth by rule and demonstrate the
1034-applicant's technical qualifications by:
1035-(a) Tests of knowledge in the following areas as they
1036-pertain to the testing, selecting, recommending, fitting,
1037-and selling of hearing aids instruments:
1038-(1) characteristics of sound;
1039-(2) the nature of the ear; and
1040-(3) the function and maintenance of hearing aids
1041-instruments.
1042-(b) Practical tests of proficiency in techniques as
1043-they pertain to the fitting of hearing aids instruments
1044-shall be prescribed by the Department, set forth by rule,
1045-and include candidate qualifications in the following
1046-areas:
1047-(1) pure tone audiometry including air conduction
1048-testing and bone conduction testing;
1049-(2) live voice or recorded voice speech
1050-audiometry, including speech reception, threshold
1051-testing and speech discrimination testing;
1052-(3) masking;
1053-(4) proper selection and adaptation of a hearing
1054-instrument;
1055-(5) taking earmold impressions;
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463+1 improving a person's hearing that may only be obtained with
464+2 the involvement of a licensed hearing instrument professional.
465+3 (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
466+4 (225 ILCS 50/4) (from Ch. 111, par. 7404)
467+5 (Section scheduled to be repealed on January 1, 2026)
468+6 Sec. 4. Disclosure; waiver; complaints; insurance. The
469+7 hearing instrument professional dispenser shall give at no
470+8 charge to every person fitted and sold a hearing aid
471+9 instrument the "User Instructional Brochure", supplied by the
472+10 hearing aid instrument manufacturer containing information
473+11 required by the U.S. Food and Drug Administration.
474+12 All hearing instruments or hearing aids must be dispensed
475+13 or sold in accordance with Food and Drug Administration and
476+14 Federal Trade Commission regulations governing the dispensing
477+15 and sale of personal sound amplification products or hearing
478+16 aids.
479+17 A consumer who purchases an over-the-counter hearing aid
480+18 must be provided a sales receipt at the time of the
481+19 transaction.
482+20 Whenever a sale or service of one or more prescription
483+21 hearing aids instrument involving $50 or more is made or
484+22 contracted to be made, whether under a single contract or
485+23 under multiple contracts, at the time of the transaction, the
486+24 hearing instrument professional dispenser shall furnish the
487+25 consumer with a fully completed receipt or contract pertaining
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1058-(6) proper maintenance procedures; and
1059-(7) a general knowledge of the medical and
1060-physical contra-indications to the use and fitting of
1061-a hearing aids instrument.
1062-(c) Knowledge of the general medical and hearing
1063-rehabilitation facilities in the area being served.
1064-(d) Knowledge of the provisions of this Act and the
1065-rules promulgated hereunder.
1066-(Source: P.A. 96-683, eff. 1-1-10.)
1067-(225 ILCS 50/9.5)
1068-(Section scheduled to be repealed on January 1, 2026)
1069-Sec. 9.5. Trainees.
1070-(a) In order to receive a trainee license, a person must
1071-apply to the Department and provide acceptable evidence of his
1072-or her completion of the required courses pursuant to
1073-subsection (e) of Section 8 of this Act, or its equivalent as
1074-determined by the Department. A trainee license expires 12
1075-months from the date of issue and is non-renewable.
1076-(b) A trainee shall perform the functions of a hearing
1077-instrument dispenser in accordance with the Department rules
1078-and only under the direct supervision of a hearing instrument
1079-dispenser or audiologist who is licensed in the State. For the
1080-purposes of this Section, "direct supervision" means that the
1081-licensed hearing instrument dispenser or audiologist shall
1082-give final approval to all work performed by the trainee and
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1085-shall be physically present anytime the trainee has contact
1086-with the client. The licensed hearing instrument dispenser or
1087-audiologist is responsible for all of the work that is
1088-performed by the trainee.
1089-(c) The Department may limit the number of trainees that
1090-may be under the direct supervision of the same licensed
1091-hearing instrument dispenser or licensed audiologist.
1092-(d) The Department may establish a trainee licensing fee
1093-by rule.
1094-(e) A trainee may be supervised by more than one licensed
1095-hearing instrument professional. The trainee must complete a
1096-hearing instrument consumer protection program license
1097-verification form for each supervising licensed hearing
1098-instrument professional.
1099-(Source: P.A. 98-827, eff. 1-1-15.)
1100-(225 ILCS 50/12 new)
1101-Sec. 12. Hearing aid technicians.
1102-(a) Hearing aid technicians may be employed by a hearing
1103-instrument professional to assist in the dispensing and
1104-servicing of hearing instruments without a license. A hearing
1105-aid technician must work under the direct supervision of a
1106-licensed hearing instrument professional.
1107-(b) The duties of a hearing aid technician are limited to
1108-the following:
1109-(1) packaging and mailing earmold orders, repaired
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1112-devices, and manufacturer or lab returns;
1113-(2) maintaining an inventory of supplies;
1114-(3) performing checks on hearing aids and other
1115-amplification devices and equipment;
1116-(4) troubleshooting and performing minor repairs to
1117-hearing aids, earmolds, and other amplification devices
1118-which do not alter the shape, sound characteristics, or
1119-performance of the device;
1120-(5) cleaning of hearing aids and other amplification
1121-devices;
1122-(6) performing electroacoustic analysis of hearing
1123-aids and other amplification devices;
1124-(7) instructing patients in proper use and care of
1125-hearing aids and other amplification devices;
1126-(8) demonstration of alerting and assistive listening
1127-devices;
1128-(9) performing infection control duties within the
1129-clinic or service; and
1130-(10) contacting hearing instrument manufacturers and
1131-suppliers regarding status of orders and repairs.
1132-(c) The licensed hearing instrument professional is
1133-responsible for all services performed by the hearing aid
1134-technician under the professional's direct supervision.
1135-(225 ILCS 50/14) (from Ch. 111, par. 7414)
1136-(Section scheduled to be repealed on January 1, 2026)
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498+1 to that transaction, in substantially the same language as
499+2 that used in the oral presentation to the consumer. The
500+3 receipt or contract provided to the consumer shall contain (i)
501+4 the hearing instrument professional's dispenser's name,
502+5 license number, business address, business phone number, and
503+6 signature; (ii) the name, address, and signature of the
504+7 hearing instrument consumer; (iii) and the name and signature
505+8 of the purchaser if the consumer and the purchaser are not the
506+9 same person; (iv) the hearing aid instrument manufacturer's
507+10 name, and the model and serial numbers; (v) the date of
508+11 purchase; and (vi) the charges required to complete the terms
509+12 of the sale, which must be fully and clearly stated. When the
510+13 hearing aid instrument is delivered to the consumer or
511+14 purchaser, the serial number shall be written on the original
512+15 receipt or contract and a copy shall be given to the consumer
513+16 or purchaser. If a used hearing instrument is sold, the
514+17 receipt and the container thereof shall be clearly marked as
515+18 "used" or "reconditioned", whichever is applicable, with terms
516+19 of guarantee, if any.
517+20 All hearing instruments offered for sale must be
518+21 accompanied by a 30-business day return privilege. The receipt
519+22 or contract provided to the consumer shall state that the
520+23 consumer has a right to return the hearing instrument for a
521+24 refund within 30 business days of the date of delivery. If a
522+25 nonrefundable dispensing fee or restocking fee, or both, will
523+26 be withheld from the consumer in event of return, the terms
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1139-Sec. 14. Powers and duties of the Department. The powers
1140-and duties of the Department are:
1141-(a) To issue licenses and to administer examinations to
1142-applicants, which must be offered at least on a quarterly
1143-basis;
1144-(b) To license persons who are qualified to engage in the
1145-testing, recommending, fitting, selling, and dispensing of
1146-hearing instruments;
1147-(c) To provide the equipment and facilities necessary for
1148-the examination;
1149-(d) To issue and to renew licenses;
1150-(e) To suspend or revoke licenses or to take such other
1151-disciplinary action as provided in this Act;
1152-(f) To consider all recommendations and requests of the
1153-Board and to inform it of all actions of the Department insofar
1154-as hearing instrument dispensers are concerned, including any
1155-instances where the actions of the Department are contrary to
1156-the recommendations of the Board;
1157-(g) To promulgate rules necessary to implement this Act;
1158-(h) (Blank); and
1159-(i) To conduct such consumer education programs and
1160-awareness programs for persons with a hearing impairment as
1161-may be recommended by the Board.
1162-(Source: P.A. 91-932, eff. 1-1-01.)
1163-(225 ILCS 50/16) (from Ch. 111, par. 7416)
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1166-(Section scheduled to be repealed on January 1, 2026)
1167-Sec. 16. Hearing Instrument Consumer Protection Board.
1168-There shall be established a Hearing Instrument Consumer
1169-Protection Board which shall assist, advise and make
1170-recommendations to the Department.
1171-The Board shall consist of 7 6 members who shall be
1172-residents of Illinois. One shall be a licensed physician who
1173-specializes in otology or otolaryngology; one shall be a
1174-member of a consumer-oriented organization concerned with the
1175-deaf or hard of hearing; one shall be from the general public,
1176-preferably a senior citizen; 2 shall be licensed hearing
1177-instrument dispensers who are National Board Certified Hearing
1178-Instrument Specialists; and 2 one shall be a licensed
1179-audiologist. If a vote of the Board results in a tie, the
1180-Director shall cast the deciding vote.
1181-Members of the Board shall be appointed by the Director
1182-after consultation with appropriate professional organizations
1183-and consumer groups. As soon as practical after the effective
1184-date of this amendatory Act of the 103rd General Assembly, the
1185-Director shall appoint the members of the Board. The term of
1186-office of each shall be 4 years. Before a member's term
1187-expires, the Director shall appoint a successor to assume
1188-member's duties at the expiration of his or her predecessor's
1189-term. A vacancy shall be filled by appointment for the
1190-unexpired term. The members shall annually designate one
1191-member as chairman. No member of the Board who has served 2
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1194-successive, full terms may be reappointed. The Director may
1195-remove members for good cause.
1196-Members of the Board shall receive reimbursement for
1197-actual and necessary travel and for other expenses, not to
1198-exceed the limit established by the Department.
1199-(Source: P.A. 98-827, eff. 1-1-15.)
1200-(225 ILCS 50/17) (from Ch. 111, par. 7417)
1201-(Section scheduled to be repealed on January 1, 2026)
1202-Sec. 17. Duties of the Board. The Board shall advise the
1203-Department in all matters relating to this Act and shall
1204-assist as requested by the Director.
1205-The Board shall respond to issues and problems relating to
1206-the improvement of services to the deaf or hard of hearing and
1207-shall make such recommendations as it considers advisable. It
1208-shall file an annual report with the Director and shall meet at
1209-least twice a year. The Board may meet at any time at the call
1210-of the chair.
1211-The Board shall recommend specialized education programs
1212-for persons wishing to become licensed as hearing instrument
1213-dispensers and shall, by rule, establish minimum standards of
1214-continuing education required for license renewal. No more
1215-than 5 hours of continuing education credit per year, however,
1216-can be obtained through programs sponsored by hearing
1217-instrument manufacturers. Continuing education credit A
1218-minimum of 2 hours of continuing education credit per
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534+1 must be clearly stated on the receipt or contract provided to
535+2 the consumer.
536+3 A hearing instrument dispenser shall not sell a hearing
537+4 instrument unless the prospective user has presented to the
538+5 hearing instrument dispenser a written statement, signed by a
539+6 licensed physician, which states that the patient's hearing
540+7 loss has been medically evaluated and the patient is
541+8 considered a candidate for a hearing instrument. The medical
542+9 evaluation must have taken place within the 6 months
543+10 immediately preceding the date of the sale of the hearing
544+11 instrument to the prospective hearing instrument user. If the
545+12 prospective hearing instrument user is 18 years of age or
546+13 older, the hearing instrument dispenser may afford the
547+14 prospective user an opportunity to waive the medical
548+15 evaluation required by this Section, provided that the hearing
549+16 instrument dispenser:
550+17 (i) Informs the prospective user that the exercise of
551+18 a waiver is not in the user's best health interest;
552+19 (ii) Does not in any way actively encourage the
553+20 prospective user to waive the medical evaluation; and
554+21 (iii) Affords the prospective user the option to sign
555+22 the following statement:
556+23 "I have been advised by .................(hearing
557+24 instrument dispenser's name) that the Food and Drug
558+25 Administration has determined that my best interest
559+26 would be served if I had a medical evaluation by a
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1221-licensing period must include a minimum of (i) 2 hours be
1222-obtained in Illinois law and ethics, (ii) one hour in sexual
1223-harassment prevention training, and (iii) one hour in implicit
1224-bias awareness. Continuing education offered by a college,
1225-university, or bar association, the International Hearing
1226-Society, the American Academy of Audiology, the American
1227-Speech-Language-Hearing Association, the Illinois
1228-Speech-Language-Hearing Association, the Illinois Academy of
1229-Audiology, or the Illinois Hearing Society regarding Illinois
1230-law and ethics shall be accepted toward satisfaction of the
1231-Illinois law and ethics continuing education requirement.
1232-The Board shall hear charges brought by any person against
1233-hearing instrument dispensers and shall recommend disciplinary
1234-action to the Director.
1235-Members of the Board are immune from liability in any
1236-action based upon a licensing proceeding or other act
1237-performed in good faith as a member of the Board.
1238-(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
1239-(225 ILCS 50/18) (from Ch. 111, par. 7418)
1240-(Section scheduled to be repealed on January 1, 2026)
1241-Sec. 18. Discipline by the Department. The Department may
1242-refuse to issue or renew a license or it may revoke, suspend,
1243-place on probation, censure, fine, or reprimand a licensee for
1244-any of the following:
1245-(a) Material misstatement in furnishing information to
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1248-the Department or to any other State or federal agency.
1249-(b) Violations of this Act, or the rules promulgated
1250-hereunder.
1251-(c) Conviction of any crime under the laws of the
1252-United States or any state or territory thereof which is a
1253-felony or misdemeanor, an essential element of dishonesty,
1254-or of any crime which is directly related to the practice
1255-of the profession.
1256-(d) Making any misrepresentation for the purpose of
1257-obtaining a license or renewing a license, including
1258-falsification of the continuing education requirement.
1259-(e) Professional incompetence.
1260-(f) Malpractice.
1261-(g) Aiding or assisting another person in violating
1262-any provision of this Act or the rules promulgated
1263-hereunder.
1264-(h) Failing, within 30 days, to provide in writing
1265-information in response to a written request made by the
1266-Department.
1267-(i) Engaging in dishonorable, unethical, or
1268-unprofessional conduct which is likely to deceive,
1269-defraud, or harm the public.
1270-(j) Knowingly employing, directly or indirectly, any
1271-suspended or unlicensed person to perform any services
1272-covered by this Act.
1273-(k) Habitual intoxication or addiction to the use of
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1276-drugs.
1277-(l) Discipline by another state, the District of
1278-Columbia, territory, or a foreign nation, if at least one
1279-of the grounds for the discipline is the same or
1280-substantially equivalent to those set forth herein.
1281-(m) Directly or indirectly giving to or receiving from
1282-any person, firm, corporation, partnership, or association
1283-any fee, commission, rebate, or other form of compensation
1284-for any service not actually rendered. Nothing in this
1285-paragraph (m) affects any bona fide independent contractor
1286-or employment arrangements among health care
1287-professionals, health facilities, health care providers,
1288-or other entities, except as otherwise prohibited by law.
1289-Any employment arrangements may include provisions for
1290-compensation, health insurance, pension, or other
1291-employment benefits for the provision of services within
1292-the scope of the licensee's practice under this Act.
1293-Nothing in this paragraph (m) shall be construed to
1294-require an employment arrangement to receive professional
1295-fees for services rendered.
1296-(n) A finding by the Board that the licensee, after
1297-having his or her license placed on probationary status,
1298-has violated the terms of probation.
1299-(o) Willfully making or filing false records or
1300-reports.
1301-(p) Willfully failing to report an instance of
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570+1 licensed physician (preferably a physician who
571+2 specializes in diseases of the ear) before purchasing
572+3 a hearing instrument. I do not wish a medical
573+4 evaluation before purchasing a hearing instrument."
574+5 The hearing instrument professional dispenser or the
575+6 professional's his or her employer shall retain proof of the
576+7 medical examination or the waiver for at least 3 years from the
577+8 date of the sale.
578+9 If the parent or guardian of any individual under the age
579+10 17 or under of 18 years is a member of any church or religious
580+11 denomination, whose tenets and practices include reliance upon
581+12 spiritual means through prayer alone and objects to medical
582+13 treatment and so states in writing to the hearing instrument
583+14 professional dispenser, such individual shall undergo a
584+15 hearing examination as provided by this Section but no proof,
585+16 ruling out any medically treatable problem causing hearing
586+17 loss, shall be required.
587+18 All persons licensed under this Act shall have
588+19 conspicuously displayed in their business establishment a sign
589+20 indicating that formal complaints regarding hearing aid
590+21 instrument goods or services may be made to the Department.
591+22 Such sign shall give the address and telephone number of the
592+23 Department. All persons purchasing hearing aids instruments
593+24 shall be provided with a written statement indicating that
594+25 formal complaints regarding hearing aid instrument goods or
595+26 services may be made to the Department and disclosing the
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1304-suspected child abuse or neglect as required by the Abused
1305-and Neglected Child Reporting Act.
1306-(q) Physical illness, including, but not limited to,
1307-deterioration through the aging process, or loss of motor
1308-skill which results in the inability to practice the
1309-profession with reasonable judgement, skill or safety.
1310-(r) Solicitation of services or products by
1311-advertising that is false or misleading. An advertisement
1312-is false or misleading if it:
1313-(1) contains an intentional misrepresentation of
1314-fact;
1315-(2) contains a false statement as to the
1316-licensee's professional achievements, education,
1317-skills, or qualifications in the hearing instrument
1318-dispensing profession;
1319-(3) makes a partial disclosure of a relevant fact,
1320-including:
1321-(i) the advertisement of a discounted price of
1322-an item without identifying in the advertisement
1323-or at the location of the item either the specific
1324-product being offered at the discounted price or
1325-the usual price of the item; and
1326-(ii) the advertisement of the price of a
1327-specifically identified hearing instrument if more
1328-than one hearing instrument appears in the same
1329-advertisement without an accompanying price;
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1331599
1332-(4) contains a representation that a product
1333-innovation is new when, in fact, the product was first
1334-offered by the manufacturer to the general public in
1335-this State not less than 12 months before the date of
1336-the advertisement;
1337-(5) contains any other representation, statement,
1338-or claim that is inherently misleading or deceptive;
1339-or
1340-(6) contains information that the licensee
1341-manufactures hearing instruments at the licensee's
1342-office location unless the following statement
1343-includes a statement disclosing that the instruments
1344-are manufactured by a specified manufacturer and
1345-assembled by the licensee.
1346-(s) Participating in subterfuge or misrepresentation
1347-in the fitting or servicing of a hearing instrument.
1348-(t) (Blank).
1349-(u) Representing that the service of a licensed
1350-physician or other health professional will be used or
1351-made available in the fitting, adjustment, maintenance, or
1352-repair of hearing instruments or hearing aids when that is
1353-not true, or using the words "doctor", "audiologist",
1354-"clinic", "Clinical Audiologist", "Certified Hearing Aid
1355-Audiologist", "State Licensed", "State Certified",
1356-"Hearing Instrument Care Professional", "Licensed Hearing
1357-Instrument Dispenser", "Licensed Hearing Aid Dispenser",
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1360-"Board Certified Hearing Instrument Specialist", "Hearing
1361-Instrument Specialist", "Licensed Audiologist", or any
1362-other term, abbreviation, or symbol which would give the
1363-impression that service is being provided by persons who
1364-are licensed or awarded a degree or title, or that an
1365-entity utilizes the services of an individual who is
1366-licensed or has been awarded a degree or title, or that the
1367-person's service who is holding the license has been
1368-recommended by a governmental agency or health provider,
1369-when such is not the case.
1370-(v) Advertising a manufacturer's product or using a
1371-manufacturer's name or trademark implying a relationship
1372-which does not exist.
1373-(w) Directly or indirectly giving or offering anything
1374-of value to any person who advises another in a
1375-professional capacity, as an inducement to influence the
1376-purchase of a product sold or offered for sale by a hearing
1377-instrument dispenser or influencing persons to refrain
1378-from dealing in the products of competitors.
1379-(x) Conducting business while suffering from a
1380-contagious disease.
1381-(y) Engaging in the fitting or sale of hearing
1382-instruments under a name with fraudulent intent.
1383-(z) Dispensing a hearing instrument to a person who
1384-has not been given tests utilizing appropriate established
1385-procedures and instrumentation in the fitting of
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606+1 address and telephone number of the Department.
607+2 Any person wishing to make a complaint, against a hearing
608+3 instrument professional dispenser under this Act, shall file
609+4 it with the Department within 3 years from the date of the
610+5 action upon which the complaint is based. The Department shall
611+6 investigate all such complaints.
612+7 All persons licensed under this Act shall maintain
613+8 liability insurance as set forth by rule and shall be
614+9 responsible for the annual calibration of all audiometers in
615+10 use by such persons. Such annual calibrations shall be in
616+11 conformance with the current standards set by American
617+12 National Standard Institute.
618+13 (Source: P.A. 91-932, eff. 1-1-01.)
619+14 (225 ILCS 50/4.5 new)
620+15 Sec. 4.5. Hearing aids dispensed by prescription to
621+16 persons age 17 or younger.
622+17 (a) A hearing instrument professional may dispense a
623+18 hearing aid to a person age 17 or younger in accordance with
624+19 the requirements of this Section.
625+20 (b) A hearing instrument professional shall not sell a
626+21 prescription hearing aid to anyone age 17 or younger unless
627+22 the prospective user has presented to the hearing instrument
628+23 professional a written statement, signed by a licensed
629+24 physician, that states that the patient's hearing loss has
630+25 been medically evaluated and the patient is considered a
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1388-prescription hearing aids instruments, except where there
1389-is the replacement of a hearing instrument, of the same
1390-make and model within one year of the dispensing of the
1391-original hearing instrument.
1392-(aa) Unavailability or unwillingness to adequately
1393-provide for service or repair of hearing instruments or
1394-hearing aids fitted and sold by the dispenser.
1395-(bb) Violating the regulations of the Federal Food and
1396-Drug Administration or the Federal Trade Commission as
1397-they affect hearing aids or instruments.
1398-(cc) Violating any provision of the Consumer Fraud and
1399-Deceptive Business Practices Act.
1400-(dd) Violating the Health Care Worker Self-Referral
1401-Act.
1402-(ee) Failing to adequately supervise a hearing aid
1403-technician or allowing a hearing aid technician to
1404-practice beyond the hearing aid technician's training or
1405-the duties set forth in Section 12.
1406-(ff) Filing a false claim with a third-party payer.
1407-The Department, with the approval of the Board, may impose
1408-a fine not to exceed $1,000 plus costs for the first violation
1409-and not to exceed $5,000 plus costs for each subsequent
1410-violation of this Act, and the rules promulgated hereunder, on
1411-any person or entity described in this Act. Such fine may be
1412-imposed as an alternative to any other disciplinary measure,
1413-except for probation. The imposition by the Department of a
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1416-fine for any violation does not bar the violation from being
1417-alleged in subsequent disciplinary proceedings. Such fines
1418-shall be deposited in the Fund.
1419-(Source: P.A. 100-201, eff. 8-18-17.)
1420-(225 ILCS 50/19) (from Ch. 111, par. 7419)
1421-(Section scheduled to be repealed on January 1, 2026)
1422-Sec. 19. Injunctions; civil penalties.
1423-(a) The practice of prescribing, fitting, dispensing, and
1424-servicing hearing instruments or hearing aids by any person
1425-not at that time in possession of a valid and current license
1426-under this Act is hereby declared to be a Class A misdemeanor.
1427-The Director of the Department, through the Attorney General
1428-or the State's Attorney of any county, may maintain an action
1429-in the name of the people of the State of Illinois and may
1430-apply for an injunction in the circuit court to enjoin such
1431-person from engaging in such practice. Any person may apply
1432-for an injunction in the circuit court to enjoin a person from
1433-engaging without a license in practices for which a license is
1434-required under this Act. Upon the filing of a verified
1435-petition in such court, the court, if satisfied by affidavit
1436-or otherwise, that such person has been engaged in such
1437-practice without a current license to do so, may enter a
1438-temporary restraining order without notice or bond, enjoining
1439-the defendant from such further practice. A copy of the
1440-verified complaint shall be served upon the defendant and the
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1443-proceedings shall thereafter be conducted as other civil
1444-cases. If it is established that the defendant has been, or is
1445-engaged in any unlawful practice, the court may enter an order
1446-or judgment perpetually enjoining the defendant from further
1447-such practice. In all proceedings hereunder, the court, in its
1448-discretion, may apportion the costs among the parties
1449-interested in the action, including cost of filing the
1450-complaint, service of process, witness fees and expenses,
1451-court reporter charges and reasonable attorneys fees. In case
1452-of violation of any injunctive order entered pursuant to this
1453-Section, the court, may try and punish the offender for
1454-contempt of court. Such injunctive proceedings shall be in
1455-addition to all penalties and other remedies in this Act. Any
1456-such costs that may accrue to the Department shall be placed in
1457-the Fund.
1458-(b) A person who engages in the selling of hearing
1459-instruments or hearing aids or the practice of prescribing,
1460-fitting, dispensing, or servicing hearing instruments or
1461-hearing aids or displays a sign, advertises, or represents
1462-himself or herself as a person who practices the fitting and
1463-selling of hearing instruments or hearing aids without being
1464-licensed or exempt under this Act shall, in addition to any
1465-other penalty provided by law, pay a civil penalty to the
1466-Department in an amount not to exceed $5,000 for each offense,
1467-as determined by the Department. The civil penalty shall be
1468-assessed by the Department after a hearing is held in
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641+1 candidate for a hearing aid. The medical evaluation must have
642+2 been performed within the 6 months immediately preceding the
643+3 date of the sale of the hearing aid to the prospective hearing
644+4 aid user.
645+5 (c) A person age 17 or younger must be medically evaluated
646+6 in person by a physician before receiving a prescription for a
647+7 hearing aid. The evaluation must have been performed within
648+8 the 6 months immediately preceding the date that the hearing
649+9 aid is dispensed.
650+10 (d) Following a medical evaluation by a licensed
651+11 physician, a licensed audiologist or a licensed physician
652+12 other than the evaluating physician may prescribe a
653+13 prescription hearing aid for an individual age 17 or younger.
654+14 A person age 17 or younger may not waive the medical evaluation
655+15 or receipt of a prescription from a licensed audiologist or a
656+16 licensed physician unless the person is replacing a lost or
657+17 stolen hearing aid that is subject to warranty replacement.
658+18 (e) A hearing aid prescription for individuals age 17 or
659+19 younger issued by a licensed audiologist or a licensed
660+20 physician other than the evaluating physician must include, at
661+21 a minimum, the following information:
662+22 (1) name of the patient;
663+23 (2) documentation of medical evaluation by a
664+24 physician;
665+25 (3) date the prescription is issued;
666+26 (4) expiration date of the prescription, which may not
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1470668
1471-accordance with the provisions set forth in this Act regarding
1472-the provision of a hearing for the discipline of a licensee.
1473-(c) The Department may investigate any actual, alleged, or
1474-suspected unlicensed activity.
1475-(d) The civil penalty shall be paid within 60 days after
1476-the effective date of the order imposing the civil penalty.
1477-The order shall constitute a judgment and may be filed and
1478-execution had thereon in the same manner as any judgment from
1479-any court of record.
1480-(Source: P.A. 89-72, eff. 12-31-95.)
1481-(225 ILCS 50/20) (from Ch. 111, par. 7420)
1482-(Section scheduled to be repealed on January 1, 2026)
1483-Sec. 20. Inactive status. A hearing instrument dispenser
1484-who notifies the Department, on the prescribed forms, may
1485-place his or her license on inactive status and shall be exempt
1486-from payment of renewal fees until he or she notifies the
1487-Department in writing, of the intention to resume the practice
1488-of testing, fitting, dispensing, selecting, recommending, and
1489-servicing hearing aids instruments and pays the current
1490-renewal fee and demonstrates compliance with any continuing
1491-education that may be required. However, if such period of
1492-inactive status is more than 2 years, the hearing instrument
1493-dispenser shall also provide the Department with sworn
1494-evidence certifying to active practice in another jurisdiction
1495-that is satisfactory to the Department. If such person has not
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1497670
1498-practiced in any jurisdiction for 2 years or more, he or she
1499-shall be required to restore his or her license by retaking and
1500-passing the examinations required in Section 8. Any hearing
1501-instrument dispenser whose license is on inactive status shall
1502-not practice in Illinois.
1503-(Source: P.A. 89-72, eff. 12-31-95.)
1504-Section 99. Effective date. This Act takes effect January
1505-1, 2024.
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677+1 exceed 6 months from the date of issuance;
678+2 (5) name and license number of the prescribing
679+3 licensed audiologist or licensed physician;
680+4 (6) results of the following assessments: (i)
681+5 age-appropriate pure-tone air conduction audiometry or
682+6 results of auditory evoked potential testing, including,
683+7 but not limited to, auditory brainstem response or
684+8 otoacoustic emissions testing; (ii) bone conduction
685+9 testing, as age appropriate; and (iii) recorded or live
686+10 voice speech in quiet, as age appropriate;
687+11 (7) documentation of type and style of hearing aid;
688+12 and
689+13 (8) documentation of medical necessity of the
690+14 recommended features of a hearing aid.
691+15 (225 ILCS 50/4.6 new)
692+16 Sec. 4.6. Prescription hearing aids for persons age 18 or
693+17 older.
694+18 (a) A hearing instrument professional may dispense a
695+19 hearing aid to a person age 18 or older in accordance with the
696+20 requirements of this Section.
697+21 (b) A person age 18 or older must be evaluated by a hearing
698+22 instrument professional in person or via telehealth before
699+23 receiving a prescription for a hearing aid. A person age 18 or
700+24 older may not waive evaluation by a hearing instrument
701+25 professional unless he or she is replacing a lost or stolen
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712+1 hearing aid that is subject to warranty replacement.
713+2 (c) A hearing instrument professional shall not sell
714+3 prescription hearing aid to anyone age 18 or older if the
715+4 prospective user had a negative finding on the Consumer Ear
716+5 Disease Risk Assessment or a similar standardized assessment.
717+6 The prospective user who had a negative finding on the
718+7 Consumer Ear Disease Risk Assessment or similar standardized
719+8 assessment shall present to the hearing instrument
720+9 professional a written statement, signed by a licensed
721+10 physician, which states that the patient's hearing loss has
722+11 been medically evaluated and the patient is considered a
723+12 candidate for a prescription hearing aid. The medical
724+13 evaluation must have been performed within the 12 months
725+14 immediately preceding the date of the sale of the hearing aid
726+15 to the prospective hearing aid user.
727+16 (d) A hearing aid prescription for individuals age 18 or
728+17 older must include, at a minimum, the following information:
729+18 (1) name of the patient;
730+19 (2) date the prescription is issued;
731+20 (3) expiration date of the prescription, which may not
732+21 exceed one year from the date of issuance;
733+22 (4) name and license number of the prescribing hearing
734+23 instrument professional;
735+24 (5) results of the following assessments:
736+25 (A) hearing handicap inventory or similar
737+26 standardized, evidence-based tool;
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748+1 (B) pure-tone air conduction audiometry;
749+2 (C) bone conduction testing or consumer ear
750+3 disease risk assessment or a similar standardized
751+4 evidence-based tool;
752+5 (D) recorded speech in quiet, as medically
753+6 appropriate;
754+7 (E) recorded speech or digits in noise, as medical
755+8 appropriate;
756+9 (6) documentation of type and style of hearing aid;
757+10 and
758+11 (7) documentation of medical necessity of the
759+12 recommended features of a hearing aid.
760+13 (225 ILCS 50/5) (from Ch. 111, par. 7405)
761+14 (Section scheduled to be repealed on January 1, 2026)
762+15 Sec. 5. License required. No person shall engage in the
763+16 selling, practice of testing, fitting, selecting,
764+17 recommending, adapting, dispensing, or servicing hearing aids
765+18 instruments or display a sign, advertise, or represent oneself
766+19 as a person who practices the fitting or selling of hearing
767+20 aids instruments unless such person holds a current license
768+21 issued by the Department as provided in this Act. Such person
769+22 shall be known as a licensed hearing instrument dispenser.
770+23 Individuals licensed pursuant to the provisions of Section 8
771+24 of this Act shall be deemed qualified to provide tests of human
772+25 hearing and hearing aid instrument evaluations for the purpose
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783+1 of dispensing a hearing aid instrument for which any State
784+2 agency may contract. The license shall be conspicuously
785+3 displayed in the place of business. Duplicate licenses shall
786+4 be issued by the Department to licensees operating more than
787+5 one office upon the additional payment set forth in this Act.
788+6 No hearing aids instrument manufacturer may distribute, sell,
789+7 or otherwise provide hearing aids instruments to any
790+8 unlicensed hearing instrument care professional for the
791+9 purpose of selling hearing aids instruments to the consumer.
792+10 Except for violations of the provisions of this Act, or
793+11 the rules promulgated under it, nothing in this Act shall
794+12 prohibit a corporation, partnership, trust, association, or
795+13 other entity from engaging in the business of testing,
796+14 fitting, servicing, selecting, dispensing, selling, or
797+15 offering for sale hearing aid instruments at retail without a
798+16 license, provided it employs only licensed individuals in the
799+17 direct testing, fitting, servicing, selecting, offering for
800+18 sale, or dispensing of such products. Each such corporation,
801+19 partnership, trust, association, or other entity shall file
802+20 with the Department, prior to doing business in this State and
803+21 by July 1 of each calendar year thereafter, on forms
804+22 prescribed by the Department, a list of all licensed hearing
805+23 instrument dispensers employed by it and a statement attesting
806+24 that it complies with this Act and the rules promulgated under
807+25 it and the regulations of the Federal Food and Drug
808+26 Administration and the Federal Trade Commission insofar as
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819+1 they are applicable.
820+2 (Source: P.A. 99-204, eff. 7-30-15.)
821+3 (225 ILCS 50/6) (from Ch. 111, par. 7406)
822+4 (Section scheduled to be repealed on January 1, 2026)
823+5 Sec. 6. Mail order and Internet sales. Nothing in this Act
824+6 shall prohibit a corporation, partnership, trust, association,
825+7 or other organization, maintaining an established business
826+8 address, from engaging in the business of selling or offering
827+9 for sale hearing aids instruments at retail by mail or by
828+10 Internet to persons 18 years of age or older who have not been
829+11 examined by a licensed physician or tested by a licensed
830+12 hearing instrument professional dispenser provided that:
831+13 (a) The organization is registered by the Department prior
832+14 to engaging in business in this State and has paid the fee set
833+15 forth in this Act.
834+16 (b) The organization files with the Department, prior to
835+17 registration and annually thereafter, a Disclosure Statement
836+18 containing the following:
837+19 (1) the name under which the organization is doing or
838+20 intends to do business and the name of any affiliated
839+21 company which the organization recommends or will
840+22 recommend to persons as a supplier of goods or services or
841+23 in connection with other business transactions of the
842+24 organization;
843+25 (2) the organization's principal business address and
844+
845+
846+
847+
848+
849+ SB1721 Enrolled - 24 - LRB103 27016 AMQ 53383 b
850+
851+
852+SB1721 Enrolled- 25 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 25 - LRB103 27016 AMQ 53383 b
853+ SB1721 Enrolled - 25 - LRB103 27016 AMQ 53383 b
854+1 the name and address of its agent in this State authorized
855+2 to receive service of process;
856+3 (3) the business form of the organization, whether
857+4 corporate, partnership, or otherwise and the state or
858+5 other sovereign power under which the organization is
859+6 organized;
860+7 (4) the names of the directors or persons performing
861+8 similar functions and names and addresses of the chief
862+9 executive officer, and the financial, accounting, sales,
863+10 and other principal executive officers, if the
864+11 organization is a corporation, association, or other
865+12 similar entity; of all general partners, if the
866+13 organization is a partnership; and of the owner, if the
867+14 organization is a sole proprietorship, together with a
868+15 statement of the business background during the past 5
869+16 years for each such person;
870+17 (5) a statement as to whether the organization or any
871+18 person identified in the disclosure statement:
872+19 (i) has during the 5-year 5 year period
873+20 immediately preceding the date of the disclosure
874+21 statement been convicted of a felony, pleaded nolo
875+22 contendere to a felony charge, or been held liable in a
876+23 civil action by final judgment, if such felony or
877+24 civil action involved fraud, embezzlement, or
878+25 misappropriation of property, and a description
879+26 thereof; or
880+
881+
882+
883+
884+
885+ SB1721 Enrolled - 25 - LRB103 27016 AMQ 53383 b
886+
887+
888+SB1721 Enrolled- 26 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 26 - LRB103 27016 AMQ 53383 b
889+ SB1721 Enrolled - 26 - LRB103 27016 AMQ 53383 b
890+1 (ii) is subject to any currently effective
891+2 injunctive or restrictive order as a result of a
892+3 proceeding or pending action brought by any government
893+4 agency or department, and a description thereof; or
894+5 (iii) is a defendant in any pending criminal or
895+6 material civil action relating to fraud, embezzlement,
896+7 misappropriation of property or violations of the
897+8 antitrust or trade regulation laws of the United
898+9 States or any state, and a description thereof; or
899+10 (iv) has during the 5-year 5 year period
900+11 immediately preceding the date of the disclosure
901+12 statement had entered against such person or
902+13 organization a final judgment in any material civil
903+14 proceeding, and a description thereof; or
904+15 (v) has during the 5-year 5 year period
905+16 immediately preceding the date of the disclosure
906+17 statement been adjudicated a bankrupt or reorganized
907+18 due to insolvency or was a principal executive officer
908+19 or general partner of any company that has been
909+20 adjudicated a bankrupt or reorganized due to
910+21 insolvency during such 5-year 5 year period, and a
911+22 description thereof;
912+23 (6) the length of time the organization and any
913+24 predecessor of the organization has conducted a business
914+25 dealing with hearing aid instrument goods or services;
915+26 (7) a financial statement of the organization as of
916+
917+
918+
919+
920+
921+ SB1721 Enrolled - 26 - LRB103 27016 AMQ 53383 b
922+
923+
924+SB1721 Enrolled- 27 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 27 - LRB103 27016 AMQ 53383 b
925+ SB1721 Enrolled - 27 - LRB103 27016 AMQ 53383 b
926+1 the close of the most recent fiscal year of the
927+2 organization. If the financial statement is filed later
928+3 than 120 days following the close of the fiscal year of the
929+4 organization it must be accompanied by a statement of the
930+5 organization of any material changes in the financial
931+6 condition of the organization;
932+7 (8) a general description of the business, including
933+8 without limitation a description of the goods, training
934+9 programs, supervision, advertising, promotion and other
935+10 services provided by the organization;
936+11 (9) a statement of any compensation or other benefit
937+12 given or promised to a public figure arising, in whole or
938+13 in part, from (i) the use of the public figure in the name
939+14 or symbol of the organization or (ii) the endorsement or
940+15 recommendation of the organization by the public figure in
941+16 advertisements;
942+17 (10) a statement setting forth such additional
943+18 information and such comments and explanations relative to
944+19 the information contained in the disclosure statement as
945+20 the organization may desire to present.
946+21 (b-5) If a device being sold does not meet the definition
947+22 of an over-the-counter a hearing aid or a prescription hearing
948+23 aid, instrument or hearing device as stated in this Act, the
949+24 organization shall include a disclaimer in all written or
950+25 electronic promotions. The disclaimer shall include the
951+26 following language:
952+
953+
954+
955+
956+
957+ SB1721 Enrolled - 27 - LRB103 27016 AMQ 53383 b
958+
959+
960+SB1721 Enrolled- 28 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 28 - LRB103 27016 AMQ 53383 b
961+ SB1721 Enrolled - 28 - LRB103 27016 AMQ 53383 b
962+1 "This is not a hearing instrument or hearing aid as
963+2 defined in the Hearing Instrument Consumer Protection Act,
964+3 but a personal sound amplification product amplifier and
965+4 not intended to replace a properly fitted and calibrated
966+5 hearing aid or treat hearing loss instrument.".
967+6 (c) The organization files with the Department prior to
968+7 registration and annually thereafter a statement that it
969+8 complies with the Act, the rules issued pursuant to it, and the
970+9 regulations of the Federal Food and Drug Administration and
971+10 the Federal Trade Commission insofar as they are applicable.
972+11 (d) The organization files with the Department at the time
973+12 of registration an irrevocable consent to service of process
974+13 authorizing the Department and any of its successors to be
975+14 served any notice, process, or pleading in any action or
976+15 proceeding against the organization arising out of or in
977+16 connection with any violation of this Act. Such service shall
978+17 have the effect of conferring personal jurisdiction over such
979+18 organization in any court of competent jurisdiction.
980+19 (e) Before dispensing a hearing aid by mail or over the
981+20 Internet instrument to a resident of this State, the
982+21 organization informs (i) the parent or guardian of a person
983+22 age 17 or younger that he or she must obtain a prescription
984+23 issued by a licensed audiologist or licensed physician that
985+24 meets the requirements of Section 4.5 or (ii) a person age 18
986+25 or older that he or she must obtain a prescription issued by a
987+26 hearing instrument professional that meets the requirements of
988+
989+
990+
991+
992+
993+ SB1721 Enrolled - 28 - LRB103 27016 AMQ 53383 b
994+
995+
996+SB1721 Enrolled- 29 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 29 - LRB103 27016 AMQ 53383 b
997+ SB1721 Enrolled - 29 - LRB103 27016 AMQ 53383 b
998+1 Section 4.6. the prospective users that they need the
999+2 following for proper fitting of a hearing instrument:
1000+3 (1) the results of an audiogram performed within the
1001+4 past 6 months by a licensed audiologist or a licensed
1002+5 hearing instrument dispenser; and
1003+6 (2) an earmold impression obtained from the
1004+7 prospective user and taken by a licensed hearing
1005+8 instrument dispenser or licensed audiologist.
1006+9 (f) (Blank). The prospective user receives a medical
1007+10 evaluation or the organization affords the prospective user an
1008+11 opportunity to waive the medical evaluation requirement of
1009+12 Section 4 of this Act and the testing requirement of
1010+13 subsection (z) of Section 18, provided that the organization:
1011+14 (1) informs the prospective user that the exercise of
1012+15 the waiver is not in the user's best health interest;
1013+16 (2) does not in any way actively encourage the
1014+17 prospective user to waive the medical evaluation or test;
1015+18 and
1016+19 (3) affords the prospective user the option to sign
1017+20 the following statement:
1018+21 "I have been advised by .......... (hearing
1019+22 instrument dispenser's name) that the Food and Drug
1020+23 Administration and the State of Illinois have
1021+24 determined that my best interest would be served if I
1022+25 had a medical evaluation by a licensed physician,
1023+26 preferably a physician who specialized in diseases of
1024+
1025+
1026+
1027+
1028+
1029+ SB1721 Enrolled - 29 - LRB103 27016 AMQ 53383 b
1030+
1031+
1032+SB1721 Enrolled- 30 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 30 - LRB103 27016 AMQ 53383 b
1033+ SB1721 Enrolled - 30 - LRB103 27016 AMQ 53383 b
1034+1 the ear, before purchasing a hearing instrument; or a
1035+2 test by a licensed audiologist or licensed hearing
1036+3 instrument dispenser utilizing established procedures
1037+4 and instrumentation in the fitting of hearing
1038+5 instruments. I do not wish either a medical evaluation
1039+6 or test before purchasing a hearing instrument."
1040+7 (g) Where a sale, lease, or rental of prescription hearing
1041+8 aids are instruments is sold or contracted to be sold to a
1042+9 consumer by mail order or via the Internet, the consumer may
1043+10 void the contract or sale by notifying the seller within 45
1044+11 business days following that day on which the hearing aids
1045+12 instruments were mailed by the seller to the consumer and by
1046+13 returning to the seller in its original condition any hearing
1047+14 aids instrument delivered to the consumer under the contract
1048+15 or sale. At the time the hearing aid instrument is mailed, the
1049+16 seller shall furnish the consumer with a fully completed
1050+17 receipt or copy of any contract pertaining to the sale that
1051+18 contains a "Notice of Cancellation" informing the consumer
1052+19 that he or she may cancel the sale at any time within 45
1053+20 business days and disclosing the date of the mailing and the
1054+21 name, address, and telephone number of the seller. In
1055+22 immediate proximity to the space reserved in the contract for
1056+23 the signature of the consumer, or on the front page of the
1057+24 receipt if a contract is not used, and in bold face type of a
1058+25 minimum size of 10 points, there shall be a statement in
1059+26 substantially the following form:
1060+
1061+
1062+
1063+
1064+
1065+ SB1721 Enrolled - 30 - LRB103 27016 AMQ 53383 b
1066+
1067+
1068+SB1721 Enrolled- 31 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 31 - LRB103 27016 AMQ 53383 b
1069+ SB1721 Enrolled - 31 - LRB103 27016 AMQ 53383 b
1070+1 "You, the buyer, may cancel this transaction at any
1071+2 time prior to midnight of the 45th business day after the
1072+3 date of this transaction. See the attached notice of
1073+4 cancellation form for an explanation of this right."
1074+5 Attached to the receipt or contract shall be a completed
1075+6 form in duplicate, captioned "NOTICE OF CANCELLATION" which
1076+7 shall be easily detachable and which shall contain in at least
1077+8 10 point bold face type the following information and
1078+9 statements in the same language as that used in the contract:
1079+10 "NOTICE OF CANCELLATION
1080+11 enter date of transaction
1081+12 .........................
1082+13 (DATE)
1083+14 YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR
1084+15 OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
1085+16 IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE
1086+17 BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE
1087+18 RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU
1088+19 WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY
1089+20 THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE
1090+21 PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST
1091+22 ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
1092+23 IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN
1093+24 SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS
1094+25 DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
1095+26 TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED
1096+
1097+
1098+
1099+
1100+
1101+ SB1721 Enrolled - 31 - LRB103 27016 AMQ 53383 b
1102+
1103+
1104+SB1721 Enrolled- 32 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 32 - LRB103 27016 AMQ 53383 b
1105+ SB1721 Enrolled - 32 - LRB103 27016 AMQ 53383 b
1106+1 AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
1107+2 WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
1108+3 AT (address of seller's place of business) AND (seller's
1109+4 telephone number) NO LATER THAN MIDNIGHT OF
1110+5 ...........(date).
1111+6 I HEREBY CANCEL THIS TRANSACTION.
1112+7 (Date)............
1113+8 ..................
1114+9 (Buyers Signature)"
1115+10 The written "Notice of Cancellation" may be sent by the
1116+11 consumer to the seller to cancel the contract. The 45-day
1117+12 period does not commence until the consumer is furnished the
1118+13 Notice of Cancellation and the address and phone number at
1119+14 which such notice to the seller can be given.
1120+15 If the conditions of this Section are met, the seller must
1121+16 return to the consumer the amount of any payment made or
1122+17 consideration given under the contract or for the merchandise
1123+18 less a nonrefundable restocking fee.
1124+19 It is an unlawful practice for a seller to: (1) hold a
1125+20 consumer responsible for any liability or obligation under any
1126+21 mail order transaction if the consumer claims not to have
1127+22 received the merchandise unless the merchandise was sent by
1128+23 certified mail or other delivery method by which the seller is
1129+24 provided with proof of delivery; (2) fail, before furnishing
1130+25 copies of the "Notice of Cancellation" to the consumer, to
1131+26 complete both copies by entering the name of the seller, the
1132+
1133+
1134+
1135+
1136+
1137+ SB1721 Enrolled - 32 - LRB103 27016 AMQ 53383 b
1138+
1139+
1140+SB1721 Enrolled- 33 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 33 - LRB103 27016 AMQ 53383 b
1141+ SB1721 Enrolled - 33 - LRB103 27016 AMQ 53383 b
1142+1 address of the seller's place of business, the seller's
1143+2 telephone number, the date of the mailing, and the date, not
1144+3 earlier than the 45th business day following the date of the
1145+4 mailing, by which the consumer may give notice of
1146+5 cancellation; (3) include in any contract or receipt any
1147+6 confession of judgment or any waiver of any of the rights to
1148+7 which the consumer is entitled under this Section including
1149+8 specifically his right to cancel the sale in accordance with
1150+9 the provisions of this Section; (4) misrepresent in any manner
1151+10 the consumer's right to cancel; (5) use any undue influence,
1152+11 coercion, or any other wilful act or representation to
1153+12 interfere with the consumer's exercise of his rights under
1154+13 this Section; (6) fail or refuse to honor any valid notice of
1155+14 cancellation and return of merchandise by a consumer and,
1156+15 within 10 business days after the receipt of such notice and
1157+16 merchandise pertaining to such transaction, to (i) refund
1158+17 payments made under the contract or sale, (ii) return any
1159+18 goods or property traded in, in substantially as good
1160+19 condition as when received by the person, (iii) cancel and
1161+20 return any negotiable instrument executed by the consumer in
1162+21 connection with the contract or sale and take any action
1163+22 necessary or appropriate to terminate promptly any security
1164+23 interest created in the transaction; (7) negotiate, transfer,
1165+24 sell, or assign any note or other evidence of indebtedness to a
1166+25 finance company or other third party prior to the 50th
1167+26 business day following the day of the mailing; or (8) fail to
1168+
1169+
1170+
1171+
1172+
1173+ SB1721 Enrolled - 33 - LRB103 27016 AMQ 53383 b
1174+
1175+
1176+SB1721 Enrolled- 34 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 34 - LRB103 27016 AMQ 53383 b
1177+ SB1721 Enrolled - 34 - LRB103 27016 AMQ 53383 b
1178+1 provide the consumer of a hearing aid instrument with written
1179+2 information stating the name, address, and telephone number of
1180+3 the Department and informing the consumer that complaints
1181+4 regarding hearing aid instrument goods or services may be made
1182+5 to the Department.
1183+6 (h) The organization employs only licensed hearing
1184+7 instrument professionals dispensers in the dispensing of
1185+8 hearing aids instruments and files with the Department, by
1186+9 January 1 of each year, a list of all licensed hearing
1187+10 instrument professionals dispensers employed by it.
1188+11 (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
1189+12 (225 ILCS 50/7) (from Ch. 111, par. 7407)
1190+13 (Section scheduled to be repealed on January 1, 2026)
1191+14 Sec. 7. Exemptions.
1192+15 (a) The following are exempt from this Act:
1193+16 (1) Licensed physicians. This exemption, however, does
1194+17 not apply to a physician's employee or subcontractor who
1195+18 is not a physician.
1196+19 (2) Persons who only repair or manufacture hearing
1197+20 instruments and their accessories for wholesale.
1198+21 (b) Audiometers used by persons exempt from this Act to
1199+22 dispense hearing instruments must meet the annual calibration
1200+23 requirements and current standards set by the American
1201+24 National Standards Institute.
1202+25 (c) Audiologists licensed under the Illinois
1203+
1204+
1205+
1206+
1207+
1208+ SB1721 Enrolled - 34 - LRB103 27016 AMQ 53383 b
1209+
1210+
1211+SB1721 Enrolled- 35 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 35 - LRB103 27016 AMQ 53383 b
1212+ SB1721 Enrolled - 35 - LRB103 27016 AMQ 53383 b
1213+1 Speech-Language Pathology and Audiology Practice Act are
1214+2 exempt from licensure under this Act, but are otherwise
1215+3 subject to the practices and provisions of this Act.
1216+4 (d) Hearing aid technicians are exempt from licensure
1217+5 under this Act but are otherwise subject to the practices and
1218+6 provisions of this Act.
1219+7 (Source: P.A. 91-932, eff. 1-1-01.)
1220+8 (225 ILCS 50/8) (from Ch. 111, par. 7408)
1221+9 (Section scheduled to be repealed on January 1, 2026)
1222+10 Sec. 8. Applicant qualifications; examination.
1223+11 (a) In order to protect persons who are deaf or hard of
1224+12 hearing, the Department shall authorize or shall conduct an
1225+13 appropriate examination, which may be the International
1226+14 Hearing Society's licensure examination, for persons who
1227+15 dispense, test, select, recommend, fit, or service hearing
1228+16 aids instruments. The frequency of holding these examinations
1229+17 shall be determined by the Department by rule. Those who
1230+18 successfully pass such an examination shall be issued a
1231+19 license as a hearing instrument dispenser, which shall be
1232+20 effective for a 2-year period.
1233+21 (b) Applicants shall be:
1234+22 (1) at least 18 years of age;
1235+23 (2) of good moral character;
1236+24 (3) the holder of an associate's degree or the
1237+25 equivalent;
1238+
1239+
1240+
1241+
1242+
1243+ SB1721 Enrolled - 35 - LRB103 27016 AMQ 53383 b
1244+
1245+
1246+SB1721 Enrolled- 36 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 36 - LRB103 27016 AMQ 53383 b
1247+ SB1721 Enrolled - 36 - LRB103 27016 AMQ 53383 b
1248+1 (4) free of contagious or infectious disease; and
1249+2 (5) a citizen or person lawfully present in the United
1250+3 States.
1251+4 Felony convictions of the applicant and findings against
1252+5 the applicant involving matters set forth in Sections 17 and
1253+6 18 shall be considered in determining moral character, but
1254+7 such a conviction or finding shall not make an applicant
1255+8 ineligible to register for examination.
1256+9 (c) Prior to engaging in the practice of prescribing,
1257+10 fitting, dispensing, or servicing hearing aids instruments, an
1258+11 applicant shall demonstrate, by means of written and practical
1259+12 examinations, that such person is qualified to practice the
1260+13 testing, selecting, recommending, fitting, selling, or
1261+14 servicing of hearing aids instruments as defined in this Act.
1262+15 An applicant must obtain a license within 12 months after
1263+16 passing either the written or practical examination, whichever
1264+17 is passed first, or must take and pass those examinations
1265+18 again in order to be eligible to receive a license.
1266+19 The Department shall, by rule, determine the conditions
1267+20 under which an individual is examined.
1268+21 (d) Proof of having met the minimum requirements of
1269+22 continuing education as determined by the Board shall be
1270+23 required of all license renewals. Pursuant to rule, the
1271+24 continuing education requirements may, upon petition to the
1272+25 Board, be waived in whole or in part if the hearing instrument
1273+26 dispenser can demonstrate that he or she served in the Coast
1274+
1275+
1276+
1277+
1278+
1279+ SB1721 Enrolled - 36 - LRB103 27016 AMQ 53383 b
1280+
1281+
1282+SB1721 Enrolled- 37 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 37 - LRB103 27016 AMQ 53383 b
1283+ SB1721 Enrolled - 37 - LRB103 27016 AMQ 53383 b
1284+1 Guard or Armed Forces, had an extreme hardship, or obtained
1285+2 his or her license by examination or endorsement within the
1286+3 preceding renewal period.
1287+4 (e) Persons applying for an initial license must
1288+5 demonstrate having earned, at a minimum, an associate degree
1289+6 or its equivalent from an accredited institution of higher
1290+7 education that is recognized by the U.S. Department of
1291+8 Education or that meets the U.S. Department of Education
1292+9 equivalency as determined through a National Association of
1293+10 Credential Evaluation Services (NACES) member, and meet the
1294+11 other requirements of this Section. In addition, the applicant
1295+12 must demonstrate the successful completion of (1) 12 semester
1296+13 hours or 18 quarter hours of academic undergraduate course
1297+14 work in an accredited institution consisting of 3 semester
1298+15 hours of anatomy and physiology of the hearing mechanism, 3
1299+16 semester hours of hearing science, 3 semester hours of
1300+17 introduction to audiology, and 3 semester hours of aural
1301+18 rehabilitation, or the quarter hour equivalent or (2) an
1302+19 equivalent program as determined by the Department that is
1303+20 consistent with the scope of practice of a hearing instrument
1304+21 dispenser as defined in Section 3 of this Act. Persons
1305+22 licensed before January 1, 2003 who have a valid license on
1306+23 that date may have their license renewed without meeting the
1307+24 requirements of this subsection.
1308+25 (Source: P.A. 102-1030, eff. 5-27-22.)
1309+
1310+
1311+
1312+
1313+
1314+ SB1721 Enrolled - 37 - LRB103 27016 AMQ 53383 b
1315+
1316+
1317+SB1721 Enrolled- 38 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 38 - LRB103 27016 AMQ 53383 b
1318+ SB1721 Enrolled - 38 - LRB103 27016 AMQ 53383 b
1319+1 (225 ILCS 50/9) (from Ch. 111, par. 7409)
1320+2 (Section scheduled to be repealed on January 1, 2026)
1321+3 Sec. 9. Areas of examination. The examination required by
1322+4 Section 8 shall be set forth by rule and demonstrate the
1323+5 applicant's technical qualifications by:
1324+6 (a) Tests of knowledge in the following areas as they
1325+7 pertain to the testing, selecting, recommending, fitting,
1326+8 and selling of hearing aids instruments:
1327+9 (1) characteristics of sound;
1328+10 (2) the nature of the ear; and
1329+11 (3) the function and maintenance of hearing aids
1330+12 instruments.
1331+13 (b) Practical tests of proficiency in techniques as
1332+14 they pertain to the fitting of hearing aids instruments
1333+15 shall be prescribed by the Department, set forth by rule,
1334+16 and include candidate qualifications in the following
1335+17 areas:
1336+18 (1) pure tone audiometry including air conduction
1337+19 testing and bone conduction testing;
1338+20 (2) live voice or recorded voice speech
1339+21 audiometry, including speech reception, threshold
1340+22 testing and speech discrimination testing;
1341+23 (3) masking;
1342+24 (4) proper selection and adaptation of a hearing
1343+25 instrument;
1344+26 (5) taking earmold impressions;
1345+
1346+
1347+
1348+
1349+
1350+ SB1721 Enrolled - 38 - LRB103 27016 AMQ 53383 b
1351+
1352+
1353+SB1721 Enrolled- 39 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 39 - LRB103 27016 AMQ 53383 b
1354+ SB1721 Enrolled - 39 - LRB103 27016 AMQ 53383 b
1355+1 (6) proper maintenance procedures; and
1356+2 (7) a general knowledge of the medical and
1357+3 physical contra-indications to the use and fitting of
1358+4 a hearing aids instrument.
1359+5 (c) Knowledge of the general medical and hearing
1360+6 rehabilitation facilities in the area being served.
1361+7 (d) Knowledge of the provisions of this Act and the
1362+8 rules promulgated hereunder.
1363+9 (Source: P.A. 96-683, eff. 1-1-10.)
1364+10 (225 ILCS 50/9.5)
1365+11 (Section scheduled to be repealed on January 1, 2026)
1366+12 Sec. 9.5. Trainees.
1367+13 (a) In order to receive a trainee license, a person must
1368+14 apply to the Department and provide acceptable evidence of his
1369+15 or her completion of the required courses pursuant to
1370+16 subsection (e) of Section 8 of this Act, or its equivalent as
1371+17 determined by the Department. A trainee license expires 12
1372+18 months from the date of issue and is non-renewable.
1373+19 (b) A trainee shall perform the functions of a hearing
1374+20 instrument dispenser in accordance with the Department rules
1375+21 and only under the direct supervision of a hearing instrument
1376+22 dispenser or audiologist who is licensed in the State. For the
1377+23 purposes of this Section, "direct supervision" means that the
1378+24 licensed hearing instrument dispenser or audiologist shall
1379+25 give final approval to all work performed by the trainee and
1380+
1381+
1382+
1383+
1384+
1385+ SB1721 Enrolled - 39 - LRB103 27016 AMQ 53383 b
1386+
1387+
1388+SB1721 Enrolled- 40 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 40 - LRB103 27016 AMQ 53383 b
1389+ SB1721 Enrolled - 40 - LRB103 27016 AMQ 53383 b
1390+1 shall be physically present anytime the trainee has contact
1391+2 with the client. The licensed hearing instrument dispenser or
1392+3 audiologist is responsible for all of the work that is
1393+4 performed by the trainee.
1394+5 (c) The Department may limit the number of trainees that
1395+6 may be under the direct supervision of the same licensed
1396+7 hearing instrument dispenser or licensed audiologist.
1397+8 (d) The Department may establish a trainee licensing fee
1398+9 by rule.
1399+10 (e) A trainee may be supervised by more than one licensed
1400+11 hearing instrument professional. The trainee must complete a
1401+12 hearing instrument consumer protection program license
1402+13 verification form for each supervising licensed hearing
1403+14 instrument professional.
1404+15 (Source: P.A. 98-827, eff. 1-1-15.)
1405+16 (225 ILCS 50/12 new)
1406+17 Sec. 12. Hearing aid technicians.
1407+18 (a) Hearing aid technicians may be employed by a hearing
1408+19 instrument professional to assist in the dispensing and
1409+20 servicing of hearing instruments without a license. A hearing
1410+21 aid technician must work under the direct supervision of a
1411+22 licensed hearing instrument professional.
1412+23 (b) The duties of a hearing aid technician are limited to
1413+24 the following:
1414+25 (1) packaging and mailing earmold orders, repaired
1415+
1416+
1417+
1418+
1419+
1420+ SB1721 Enrolled - 40 - LRB103 27016 AMQ 53383 b
1421+
1422+
1423+SB1721 Enrolled- 41 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 41 - LRB103 27016 AMQ 53383 b
1424+ SB1721 Enrolled - 41 - LRB103 27016 AMQ 53383 b
1425+1 devices, and manufacturer or lab returns;
1426+2 (2) maintaining an inventory of supplies;
1427+3 (3) performing checks on hearing aids and other
1428+4 amplification devices and equipment;
1429+5 (4) troubleshooting and performing minor repairs to
1430+6 hearing aids, earmolds, and other amplification devices
1431+7 which do not alter the shape, sound characteristics, or
1432+8 performance of the device;
1433+9 (5) cleaning of hearing aids and other amplification
1434+10 devices;
1435+11 (6) performing electroacoustic analysis of hearing
1436+12 aids and other amplification devices;
1437+13 (7) instructing patients in proper use and care of
1438+14 hearing aids and other amplification devices;
1439+15 (8) demonstration of alerting and assistive listening
1440+16 devices;
1441+17 (9) performing infection control duties within the
1442+18 clinic or service; and
1443+19 (10) contacting hearing instrument manufacturers and
1444+20 suppliers regarding status of orders and repairs.
1445+21 (c) The licensed hearing instrument professional is
1446+22 responsible for all services performed by the hearing aid
1447+23 technician under the professional's direct supervision.
1448+24 (225 ILCS 50/14) (from Ch. 111, par. 7414)
1449+25 (Section scheduled to be repealed on January 1, 2026)
1450+
1451+
1452+
1453+
1454+
1455+ SB1721 Enrolled - 41 - LRB103 27016 AMQ 53383 b
1456+
1457+
1458+SB1721 Enrolled- 42 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 42 - LRB103 27016 AMQ 53383 b
1459+ SB1721 Enrolled - 42 - LRB103 27016 AMQ 53383 b
1460+1 Sec. 14. Powers and duties of the Department. The powers
1461+2 and duties of the Department are:
1462+3 (a) To issue licenses and to administer examinations to
1463+4 applicants, which must be offered at least on a quarterly
1464+5 basis;
1465+6 (b) To license persons who are qualified to engage in the
1466+7 testing, recommending, fitting, selling, and dispensing of
1467+8 hearing instruments;
1468+9 (c) To provide the equipment and facilities necessary for
1469+10 the examination;
1470+11 (d) To issue and to renew licenses;
1471+12 (e) To suspend or revoke licenses or to take such other
1472+13 disciplinary action as provided in this Act;
1473+14 (f) To consider all recommendations and requests of the
1474+15 Board and to inform it of all actions of the Department insofar
1475+16 as hearing instrument dispensers are concerned, including any
1476+17 instances where the actions of the Department are contrary to
1477+18 the recommendations of the Board;
1478+19 (g) To promulgate rules necessary to implement this Act;
1479+20 (h) (Blank); and
1480+21 (i) To conduct such consumer education programs and
1481+22 awareness programs for persons with a hearing impairment as
1482+23 may be recommended by the Board.
1483+24 (Source: P.A. 91-932, eff. 1-1-01.)
1484+25 (225 ILCS 50/16) (from Ch. 111, par. 7416)
1485+
1486+
1487+
1488+
1489+
1490+ SB1721 Enrolled - 42 - LRB103 27016 AMQ 53383 b
1491+
1492+
1493+SB1721 Enrolled- 43 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 43 - LRB103 27016 AMQ 53383 b
1494+ SB1721 Enrolled - 43 - LRB103 27016 AMQ 53383 b
1495+1 (Section scheduled to be repealed on January 1, 2026)
1496+2 Sec. 16. Hearing Instrument Consumer Protection Board.
1497+3 There shall be established a Hearing Instrument Consumer
1498+4 Protection Board which shall assist, advise and make
1499+5 recommendations to the Department.
1500+6 The Board shall consist of 7 6 members who shall be
1501+7 residents of Illinois. One shall be a licensed physician who
1502+8 specializes in otology or otolaryngology; one shall be a
1503+9 member of a consumer-oriented organization concerned with the
1504+10 deaf or hard of hearing; one shall be from the general public,
1505+11 preferably a senior citizen; 2 shall be licensed hearing
1506+12 instrument dispensers who are National Board Certified Hearing
1507+13 Instrument Specialists; and 2 one shall be a licensed
1508+14 audiologist. If a vote of the Board results in a tie, the
1509+15 Director shall cast the deciding vote.
1510+16 Members of the Board shall be appointed by the Director
1511+17 after consultation with appropriate professional organizations
1512+18 and consumer groups. As soon as practical after the effective
1513+19 date of this amendatory Act of the 103rd General Assembly, the
1514+20 Director shall appoint the members of the Board. The term of
1515+21 office of each shall be 4 years. Before a member's term
1516+22 expires, the Director shall appoint a successor to assume
1517+23 member's duties at the expiration of his or her predecessor's
1518+24 term. A vacancy shall be filled by appointment for the
1519+25 unexpired term. The members shall annually designate one
1520+26 member as chairman. No member of the Board who has served 2
1521+
1522+
1523+
1524+
1525+
1526+ SB1721 Enrolled - 43 - LRB103 27016 AMQ 53383 b
1527+
1528+
1529+SB1721 Enrolled- 44 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 44 - LRB103 27016 AMQ 53383 b
1530+ SB1721 Enrolled - 44 - LRB103 27016 AMQ 53383 b
1531+1 successive, full terms may be reappointed. The Director may
1532+2 remove members for good cause.
1533+3 Members of the Board shall receive reimbursement for
1534+4 actual and necessary travel and for other expenses, not to
1535+5 exceed the limit established by the Department.
1536+6 (Source: P.A. 98-827, eff. 1-1-15.)
1537+7 (225 ILCS 50/17) (from Ch. 111, par. 7417)
1538+8 (Section scheduled to be repealed on January 1, 2026)
1539+9 Sec. 17. Duties of the Board. The Board shall advise the
1540+10 Department in all matters relating to this Act and shall
1541+11 assist as requested by the Director.
1542+12 The Board shall respond to issues and problems relating to
1543+13 the improvement of services to the deaf or hard of hearing and
1544+14 shall make such recommendations as it considers advisable. It
1545+15 shall file an annual report with the Director and shall meet at
1546+16 least twice a year. The Board may meet at any time at the call
1547+17 of the chair.
1548+18 The Board shall recommend specialized education programs
1549+19 for persons wishing to become licensed as hearing instrument
1550+20 dispensers and shall, by rule, establish minimum standards of
1551+21 continuing education required for license renewal. No more
1552+22 than 5 hours of continuing education credit per year, however,
1553+23 can be obtained through programs sponsored by hearing
1554+24 instrument manufacturers. Continuing education credit A
1555+25 minimum of 2 hours of continuing education credit per
1556+
1557+
1558+
1559+
1560+
1561+ SB1721 Enrolled - 44 - LRB103 27016 AMQ 53383 b
1562+
1563+
1564+SB1721 Enrolled- 45 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 45 - LRB103 27016 AMQ 53383 b
1565+ SB1721 Enrolled - 45 - LRB103 27016 AMQ 53383 b
1566+1 licensing period must include a minimum of (i) 2 hours be
1567+2 obtained in Illinois law and ethics, (ii) one hour in sexual
1568+3 harassment prevention training, and (iii) one hour in implicit
1569+4 bias awareness. Continuing education offered by a college,
1570+5 university, or bar association, the International Hearing
1571+6 Society, the American Academy of Audiology, the American
1572+7 Speech-Language-Hearing Association, the Illinois
1573+8 Speech-Language-Hearing Association, the Illinois Academy of
1574+9 Audiology, or the Illinois Hearing Society regarding Illinois
1575+10 law and ethics shall be accepted toward satisfaction of the
1576+11 Illinois law and ethics continuing education requirement.
1577+12 The Board shall hear charges brought by any person against
1578+13 hearing instrument dispensers and shall recommend disciplinary
1579+14 action to the Director.
1580+15 Members of the Board are immune from liability in any
1581+16 action based upon a licensing proceeding or other act
1582+17 performed in good faith as a member of the Board.
1583+18 (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
1584+19 (225 ILCS 50/18) (from Ch. 111, par. 7418)
1585+20 (Section scheduled to be repealed on January 1, 2026)
1586+21 Sec. 18. Discipline by the Department. The Department may
1587+22 refuse to issue or renew a license or it may revoke, suspend,
1588+23 place on probation, censure, fine, or reprimand a licensee for
1589+24 any of the following:
1590+25 (a) Material misstatement in furnishing information to
1591+
1592+
1593+
1594+
1595+
1596+ SB1721 Enrolled - 45 - LRB103 27016 AMQ 53383 b
1597+
1598+
1599+SB1721 Enrolled- 46 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 46 - LRB103 27016 AMQ 53383 b
1600+ SB1721 Enrolled - 46 - LRB103 27016 AMQ 53383 b
1601+1 the Department or to any other State or federal agency.
1602+2 (b) Violations of this Act, or the rules promulgated
1603+3 hereunder.
1604+4 (c) Conviction of any crime under the laws of the
1605+5 United States or any state or territory thereof which is a
1606+6 felony or misdemeanor, an essential element of dishonesty,
1607+7 or of any crime which is directly related to the practice
1608+8 of the profession.
1609+9 (d) Making any misrepresentation for the purpose of
1610+10 obtaining a license or renewing a license, including
1611+11 falsification of the continuing education requirement.
1612+12 (e) Professional incompetence.
1613+13 (f) Malpractice.
1614+14 (g) Aiding or assisting another person in violating
1615+15 any provision of this Act or the rules promulgated
1616+16 hereunder.
1617+17 (h) Failing, within 30 days, to provide in writing
1618+18 information in response to a written request made by the
1619+19 Department.
1620+20 (i) Engaging in dishonorable, unethical, or
1621+21 unprofessional conduct which is likely to deceive,
1622+22 defraud, or harm the public.
1623+23 (j) Knowingly employing, directly or indirectly, any
1624+24 suspended or unlicensed person to perform any services
1625+25 covered by this Act.
1626+26 (k) Habitual intoxication or addiction to the use of
1627+
1628+
1629+
1630+
1631+
1632+ SB1721 Enrolled - 46 - LRB103 27016 AMQ 53383 b
1633+
1634+
1635+SB1721 Enrolled- 47 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 47 - LRB103 27016 AMQ 53383 b
1636+ SB1721 Enrolled - 47 - LRB103 27016 AMQ 53383 b
1637+1 drugs.
1638+2 (l) Discipline by another state, the District of
1639+3 Columbia, territory, or a foreign nation, if at least one
1640+4 of the grounds for the discipline is the same or
1641+5 substantially equivalent to those set forth herein.
1642+6 (m) Directly or indirectly giving to or receiving from
1643+7 any person, firm, corporation, partnership, or association
1644+8 any fee, commission, rebate, or other form of compensation
1645+9 for any service not actually rendered. Nothing in this
1646+10 paragraph (m) affects any bona fide independent contractor
1647+11 or employment arrangements among health care
1648+12 professionals, health facilities, health care providers,
1649+13 or other entities, except as otherwise prohibited by law.
1650+14 Any employment arrangements may include provisions for
1651+15 compensation, health insurance, pension, or other
1652+16 employment benefits for the provision of services within
1653+17 the scope of the licensee's practice under this Act.
1654+18 Nothing in this paragraph (m) shall be construed to
1655+19 require an employment arrangement to receive professional
1656+20 fees for services rendered.
1657+21 (n) A finding by the Board that the licensee, after
1658+22 having his or her license placed on probationary status,
1659+23 has violated the terms of probation.
1660+24 (o) Willfully making or filing false records or
1661+25 reports.
1662+26 (p) Willfully failing to report an instance of
1663+
1664+
1665+
1666+
1667+
1668+ SB1721 Enrolled - 47 - LRB103 27016 AMQ 53383 b
1669+
1670+
1671+SB1721 Enrolled- 48 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 48 - LRB103 27016 AMQ 53383 b
1672+ SB1721 Enrolled - 48 - LRB103 27016 AMQ 53383 b
1673+1 suspected child abuse or neglect as required by the Abused
1674+2 and Neglected Child Reporting Act.
1675+3 (q) Physical illness, including, but not limited to,
1676+4 deterioration through the aging process, or loss of motor
1677+5 skill which results in the inability to practice the
1678+6 profession with reasonable judgement, skill or safety.
1679+7 (r) Solicitation of services or products by
1680+8 advertising that is false or misleading. An advertisement
1681+9 is false or misleading if it:
1682+10 (1) contains an intentional misrepresentation of
1683+11 fact;
1684+12 (2) contains a false statement as to the
1685+13 licensee's professional achievements, education,
1686+14 skills, or qualifications in the hearing instrument
1687+15 dispensing profession;
1688+16 (3) makes a partial disclosure of a relevant fact,
1689+17 including:
1690+18 (i) the advertisement of a discounted price of
1691+19 an item without identifying in the advertisement
1692+20 or at the location of the item either the specific
1693+21 product being offered at the discounted price or
1694+22 the usual price of the item; and
1695+23 (ii) the advertisement of the price of a
1696+24 specifically identified hearing instrument if more
1697+25 than one hearing instrument appears in the same
1698+26 advertisement without an accompanying price;
1699+
1700+
1701+
1702+
1703+
1704+ SB1721 Enrolled - 48 - LRB103 27016 AMQ 53383 b
1705+
1706+
1707+SB1721 Enrolled- 49 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 49 - LRB103 27016 AMQ 53383 b
1708+ SB1721 Enrolled - 49 - LRB103 27016 AMQ 53383 b
1709+1 (4) contains a representation that a product
1710+2 innovation is new when, in fact, the product was first
1711+3 offered by the manufacturer to the general public in
1712+4 this State not less than 12 months before the date of
1713+5 the advertisement;
1714+6 (5) contains any other representation, statement,
1715+7 or claim that is inherently misleading or deceptive;
1716+8 or
1717+9 (6) contains information that the licensee
1718+10 manufactures hearing instruments at the licensee's
1719+11 office location unless the following statement
1720+12 includes a statement disclosing that the instruments
1721+13 are manufactured by a specified manufacturer and
1722+14 assembled by the licensee.
1723+15 (s) Participating in subterfuge or misrepresentation
1724+16 in the fitting or servicing of a hearing instrument.
1725+17 (t) (Blank).
1726+18 (u) Representing that the service of a licensed
1727+19 physician or other health professional will be used or
1728+20 made available in the fitting, adjustment, maintenance, or
1729+21 repair of hearing instruments or hearing aids when that is
1730+22 not true, or using the words "doctor", "audiologist",
1731+23 "clinic", "Clinical Audiologist", "Certified Hearing Aid
1732+24 Audiologist", "State Licensed", "State Certified",
1733+25 "Hearing Instrument Care Professional", "Licensed Hearing
1734+26 Instrument Dispenser", "Licensed Hearing Aid Dispenser",
1735+
1736+
1737+
1738+
1739+
1740+ SB1721 Enrolled - 49 - LRB103 27016 AMQ 53383 b
1741+
1742+
1743+SB1721 Enrolled- 50 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 50 - LRB103 27016 AMQ 53383 b
1744+ SB1721 Enrolled - 50 - LRB103 27016 AMQ 53383 b
1745+1 "Board Certified Hearing Instrument Specialist", "Hearing
1746+2 Instrument Specialist", "Licensed Audiologist", or any
1747+3 other term, abbreviation, or symbol which would give the
1748+4 impression that service is being provided by persons who
1749+5 are licensed or awarded a degree or title, or that an
1750+6 entity utilizes the services of an individual who is
1751+7 licensed or has been awarded a degree or title, or that the
1752+8 person's service who is holding the license has been
1753+9 recommended by a governmental agency or health provider,
1754+10 when such is not the case.
1755+11 (v) Advertising a manufacturer's product or using a
1756+12 manufacturer's name or trademark implying a relationship
1757+13 which does not exist.
1758+14 (w) Directly or indirectly giving or offering anything
1759+15 of value to any person who advises another in a
1760+16 professional capacity, as an inducement to influence the
1761+17 purchase of a product sold or offered for sale by a hearing
1762+18 instrument dispenser or influencing persons to refrain
1763+19 from dealing in the products of competitors.
1764+20 (x) Conducting business while suffering from a
1765+21 contagious disease.
1766+22 (y) Engaging in the fitting or sale of hearing
1767+23 instruments under a name with fraudulent intent.
1768+24 (z) Dispensing a hearing instrument to a person who
1769+25 has not been given tests utilizing appropriate established
1770+26 procedures and instrumentation in the fitting of
1771+
1772+
1773+
1774+
1775+
1776+ SB1721 Enrolled - 50 - LRB103 27016 AMQ 53383 b
1777+
1778+
1779+SB1721 Enrolled- 51 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 51 - LRB103 27016 AMQ 53383 b
1780+ SB1721 Enrolled - 51 - LRB103 27016 AMQ 53383 b
1781+1 prescription hearing aids instruments, except where there
1782+2 is the replacement of a hearing instrument, of the same
1783+3 make and model within one year of the dispensing of the
1784+4 original hearing instrument.
1785+5 (aa) Unavailability or unwillingness to adequately
1786+6 provide for service or repair of hearing instruments or
1787+7 hearing aids fitted and sold by the dispenser.
1788+8 (bb) Violating the regulations of the Federal Food and
1789+9 Drug Administration or the Federal Trade Commission as
1790+10 they affect hearing aids or instruments.
1791+11 (cc) Violating any provision of the Consumer Fraud and
1792+12 Deceptive Business Practices Act.
1793+13 (dd) Violating the Health Care Worker Self-Referral
1794+14 Act.
1795+15 (ee) Failing to adequately supervise a hearing aid
1796+16 technician or allowing a hearing aid technician to
1797+17 practice beyond the hearing aid technician's training or
1798+18 the duties set forth in Section 12.
1799+19 (ff) Filing a false claim with a third-party payer.
1800+20 The Department, with the approval of the Board, may impose
1801+21 a fine not to exceed $1,000 plus costs for the first violation
1802+22 and not to exceed $5,000 plus costs for each subsequent
1803+23 violation of this Act, and the rules promulgated hereunder, on
1804+24 any person or entity described in this Act. Such fine may be
1805+25 imposed as an alternative to any other disciplinary measure,
1806+26 except for probation. The imposition by the Department of a
1807+
1808+
1809+
1810+
1811+
1812+ SB1721 Enrolled - 51 - LRB103 27016 AMQ 53383 b
1813+
1814+
1815+SB1721 Enrolled- 52 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 52 - LRB103 27016 AMQ 53383 b
1816+ SB1721 Enrolled - 52 - LRB103 27016 AMQ 53383 b
1817+1 fine for any violation does not bar the violation from being
1818+2 alleged in subsequent disciplinary proceedings. Such fines
1819+3 shall be deposited in the Fund.
1820+4 (Source: P.A. 100-201, eff. 8-18-17.)
1821+5 (225 ILCS 50/19) (from Ch. 111, par. 7419)
1822+6 (Section scheduled to be repealed on January 1, 2026)
1823+7 Sec. 19. Injunctions; civil penalties.
1824+8 (a) The practice of prescribing, fitting, dispensing, and
1825+9 servicing hearing instruments or hearing aids by any person
1826+10 not at that time in possession of a valid and current license
1827+11 under this Act is hereby declared to be a Class A misdemeanor.
1828+12 The Director of the Department, through the Attorney General
1829+13 or the State's Attorney of any county, may maintain an action
1830+14 in the name of the people of the State of Illinois and may
1831+15 apply for an injunction in the circuit court to enjoin such
1832+16 person from engaging in such practice. Any person may apply
1833+17 for an injunction in the circuit court to enjoin a person from
1834+18 engaging without a license in practices for which a license is
1835+19 required under this Act. Upon the filing of a verified
1836+20 petition in such court, the court, if satisfied by affidavit
1837+21 or otherwise, that such person has been engaged in such
1838+22 practice without a current license to do so, may enter a
1839+23 temporary restraining order without notice or bond, enjoining
1840+24 the defendant from such further practice. A copy of the
1841+25 verified complaint shall be served upon the defendant and the
1842+
1843+
1844+
1845+
1846+
1847+ SB1721 Enrolled - 52 - LRB103 27016 AMQ 53383 b
1848+
1849+
1850+SB1721 Enrolled- 53 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 53 - LRB103 27016 AMQ 53383 b
1851+ SB1721 Enrolled - 53 - LRB103 27016 AMQ 53383 b
1852+1 proceedings shall thereafter be conducted as other civil
1853+2 cases. If it is established that the defendant has been, or is
1854+3 engaged in any unlawful practice, the court may enter an order
1855+4 or judgment perpetually enjoining the defendant from further
1856+5 such practice. In all proceedings hereunder, the court, in its
1857+6 discretion, may apportion the costs among the parties
1858+7 interested in the action, including cost of filing the
1859+8 complaint, service of process, witness fees and expenses,
1860+9 court reporter charges and reasonable attorneys fees. In case
1861+10 of violation of any injunctive order entered pursuant to this
1862+11 Section, the court, may try and punish the offender for
1863+12 contempt of court. Such injunctive proceedings shall be in
1864+13 addition to all penalties and other remedies in this Act. Any
1865+14 such costs that may accrue to the Department shall be placed in
1866+15 the Fund.
1867+16 (b) A person who engages in the selling of hearing
1868+17 instruments or hearing aids or the practice of prescribing,
1869+18 fitting, dispensing, or servicing hearing instruments or
1870+19 hearing aids or displays a sign, advertises, or represents
1871+20 himself or herself as a person who practices the fitting and
1872+21 selling of hearing instruments or hearing aids without being
1873+22 licensed or exempt under this Act shall, in addition to any
1874+23 other penalty provided by law, pay a civil penalty to the
1875+24 Department in an amount not to exceed $5,000 for each offense,
1876+25 as determined by the Department. The civil penalty shall be
1877+26 assessed by the Department after a hearing is held in
1878+
1879+
1880+
1881+
1882+
1883+ SB1721 Enrolled - 53 - LRB103 27016 AMQ 53383 b
1884+
1885+
1886+SB1721 Enrolled- 54 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 54 - LRB103 27016 AMQ 53383 b
1887+ SB1721 Enrolled - 54 - LRB103 27016 AMQ 53383 b
1888+1 accordance with the provisions set forth in this Act regarding
1889+2 the provision of a hearing for the discipline of a licensee.
1890+3 (c) The Department may investigate any actual, alleged, or
1891+4 suspected unlicensed activity.
1892+5 (d) The civil penalty shall be paid within 60 days after
1893+6 the effective date of the order imposing the civil penalty.
1894+7 The order shall constitute a judgment and may be filed and
1895+8 execution had thereon in the same manner as any judgment from
1896+9 any court of record.
1897+10 (Source: P.A. 89-72, eff. 12-31-95.)
1898+11 (225 ILCS 50/20) (from Ch. 111, par. 7420)
1899+12 (Section scheduled to be repealed on January 1, 2026)
1900+13 Sec. 20. Inactive status. A hearing instrument dispenser
1901+14 who notifies the Department, on the prescribed forms, may
1902+15 place his or her license on inactive status and shall be exempt
1903+16 from payment of renewal fees until he or she notifies the
1904+17 Department in writing, of the intention to resume the practice
1905+18 of testing, fitting, dispensing, selecting, recommending, and
1906+19 servicing hearing aids instruments and pays the current
1907+20 renewal fee and demonstrates compliance with any continuing
1908+21 education that may be required. However, if such period of
1909+22 inactive status is more than 2 years, the hearing instrument
1910+23 dispenser shall also provide the Department with sworn
1911+24 evidence certifying to active practice in another jurisdiction
1912+25 that is satisfactory to the Department. If such person has not
1913+
1914+
1915+
1916+
1917+
1918+ SB1721 Enrolled - 54 - LRB103 27016 AMQ 53383 b
1919+
1920+
1921+SB1721 Enrolled- 55 -LRB103 27016 AMQ 53383 b SB1721 Enrolled - 55 - LRB103 27016 AMQ 53383 b
1922+ SB1721 Enrolled - 55 - LRB103 27016 AMQ 53383 b
1923+1 practiced in any jurisdiction for 2 years or more, he or she
1924+2 shall be required to restore his or her license by retaking and
1925+3 passing the examinations required in Section 8. Any hearing
1926+4 instrument dispenser whose license is on inactive status shall
1927+5 not practice in Illinois.
1928+6 (Source: P.A. 89-72, eff. 12-31-95.)
1929+7 Section 99. Effective date. This Act takes effect January
1930+8 1, 2024.
1931+
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1936+ SB1721 Enrolled - 55 - LRB103 27016 AMQ 53383 b