State of Illinois
91st General Assembly
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Public Act 91-0932

SB1404 Re-enrolled                            LRB9107670ACtmA

    AN ACT concerning the regulation of audiologists.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Hearing  Instrument  Consumer  Protection
Act  is amended by changing Sections 4, 7, 8, 11, 14, 15, and
16 as follows:

    (225 ILCS 50/4) (from Ch. 111, par. 7404)
    Sec. 4.  Disclosure; waiver; complaints; insurance.   The
hearing instrument dispenser shall give at no charge to every
person  fitted  and  sold  a  hearing  instrument  the  "User
Instructional  Brochure",  supplied by the hearing instrument
manufacturer containing information required by the U.S. Food
and Drug Administration.
    Whenever a  sale  or  service  of  one  or  more  hearing
instrument  involving $50 or more is made or contracted to be
made, whether under  a  single  contract  or  under  multiple
contracts,  at  the  time  of  the  transaction,  the hearing
instrument dispenser shall furnish the consumer with a  fully
completed receipt or contract pertaining to that transaction,
in  substantially  the same language as that used in the oral
presentation  to  the  consumer.   The  receipt  or  contract
provided to the consumer shall contain the dispenser's  name,
license  number, business address, business phone number, and
signature; the name, address, and signature  of  the  hearing
instrument  consumer;  and  the  name  and  signature  of the
purchaser if the consumer and the purchaser are not the same;
the hearing instrument manufacturer's name, and the model and
serial  numbers;  the  date  of  purchase;  and  the  charges
required to complete the terms of the sale fully and  clearly
stated.   When  the  hearing  instrument  is delivered to the
consumer or purchaser, the serial number shall be written  on
the original receipt or contract and a copy shall be given to
the  consumer  or purchaser.  If a used hearing instrument is
sold, the receipt and the container thereof shall be  clearly
marked as "used" or "reconditioned", whichever is applicable,
with terms of guarantee, if any.
    All   hearing   instruments  offered  for  sale  must  be
accompanied by  a  30-business  day  return  privilege.   The
receipt or contract provided to the consumer shall state that
the consumer has a right to return the hearing instrument for
a refund within 30 business days of the date of delivery.  If
a  nonrefundable  dispensing  fee or restocking fee, or both,
will be withheld from the consumer in event  of  return,  the
terms  must  be  clearly  stated  on  the receipt or contract
provided to the consumer.
    A hearing instrument dispenser shall not sell  a  hearing
instrument  unless  the prospective user has presented to the
hearing instrument dispenser a written statement, signed by a
licensed physician, which states that the  patient's  hearing
loss   has  been  medically  evaluated  and  the  patient  is
considered a candidate for a hearing instrument.  The medical
evaluation  must  have  taken  place  within  the  6   months
immediately  preceding  the  date  of the sale of the hearing
instrument to the prospective hearing instrument user.     If
the prospective hearing instrument user is 18 years of age or
older,  the  hearing  instrument  dispenser  may  afford  the
prospective   user   an  opportunity  to  waive  the  medical
evaluation  required  by  this  Section,  provided  that  the
hearing instrument dispenser:
         (i)  Informs the prospective user that the  exercise
    of a waiver is not in the user's best health interest;
         (ii)  Does  not  in  any  way actively encourage the
    prospective user to waive the medical evaluation; and
         (iii)  Affords the prospective user  the  option  to
    sign the following statement:
              "I       have       been       advised       by
         .................(hearing   instrument   dispenser's
         name)  that  the  Food  and  Drug Administration has
         determined that my best interest would be served  if
         I  had  a medical evaluation by a licensed physician
         (preferably a physician who specializes in  diseases
         of  the ear) before purchasing a hearing instrument.
         I do not wish a medical evaluation before purchasing
         a hearing instrument."
    The hearing instrument dispenser or his or  her  employer
shall  retain  proof of the medical examination or the waiver
for at least 3 years from the date of the sale.
    If the parent or guardian of any individual under the age
of  18  years  is  a  member  of  any  church  or   religious
denomination,  whose  tenets  and  practices include reliance
upon spiritual means through  prayer  alone  and  objects  to
medical  treatment  and  so  states in writing to the hearing
instrument dispenser, such individual shall undergo a hearing
examination as provided by this Section but no proof,  ruling
out  any  medically  treatable  problem causing hearing loss,
shall be required.
    All  persons  licensed  under   this   Act   shall   have
conspicuously  displayed  in  their  business establishment a
sign indicating  that  formal  complaints  regarding  hearing
instrument  goods  or services may be made to the Department.
Such sign shall give the address and telephone number of  the
Department.  All persons purchasing hearing instruments shall
be  provided  with a written statement indicating that formal
complaints regarding hearing instrument goods or services may
be made to the Department  and  disclosing  the  address  and
telephone number of the Department.
    Any person wishing to make a complaint, against a hearing
instrument  dispenser  under this Act, shall file it with the
Department within 3 years from the date of  the  action  upon
which   the   complaint   is  based.   The  Department  shall
investigate all such complaints.
    All  persons  licensed  under  this  Act  shall  maintain
liability insurance  as  set  forth  by  rule  and  shall  be
responsible  for the annual calibration of all audiometers in
use by such persons.  Such annual calibrations  shall  be  in
conformance  with  the  current  standards  set  by  American
National Standard Institute.
(Source: P.A. 89-72, eff. 12-31-95.)

    (225 ILCS 50/7) (from Ch. 111, par. 7407)
    Sec. 7.  Exemptions.
    (a)  The following are exempt from this Act:
         (1)  Licensed  physicians.  This exemption, however,
    does not apply to a physician's employee or subcontractor
    who is not a physician.
         (2)  Persons who only repair or manufacture  hearing
    instruments and their accessories for wholesale.
    (b)  Audiometers  used by persons exempt from this Act to
dispense hearing instruments must meet the annual calibration
requirements  and  current  standards  set  by  the  American
National Standards Institute.
    (c)  Audiologists    licensed    under    the    Illinois
Speech-Language Pathology  and  Audiology  Practice  Act  are
exempt  from  licensure  under  this  Act,  but are otherwise
subject to the practices and provisions of this Act.
(Source: P.A. 89-72, eff. 12-31-95.)

    (225 ILCS 50/8) (from Ch. 111, par. 7408)
    Sec. 8.  Applicant qualifications; examination.
    (a)  In   order   to   protect   persons   with   hearing
impairments, the Department shall authorize or shall  conduct
an  appropriate  examination  for persons who dispense, test,
select, recommend, fit, or service hearing instruments.   The
frequency of holding these examinations shall  be  determined
by  the Department by rule.  Those who successfully pass such
an examination  shall  be  issued  a  license  as  a  hearing
instrument  dispenser,  which shall be effective for a 2-year
period.
    (b) Applicants shall be:
         (1)  at least 18 years of age;
         (2)  of good moral character;
         (3)  a high school graduate or the equivalent;
         (4)  free of contagious or infectious disease; and
         (5)  a citizen or person who has  the  status  as  a
    legal alien.
    Felony  convictions of the applicant and findings against
the applicant involving matters set forth in Sections 17  and
18  shall  be  considered in determining moral character, but
such a conviction or finding  shall  not  make  an  applicant
ineligible to register for examination.
    (c)  Prior  to  engaging  in  the  practice  of  fitting,
dispensing,  or  servicing  hearing instruments, an applicant
shall  demonstrate,  by  means  of  written   and   practical
examinations,  that  such person is qualified to practice the
testing,  selecting,  recommending,  fitting,   selling,   or
servicing  of hearing instruments as defined in this Act.  An
applicant who fails to obtain  a  license  within  12  months
after  passing  both  the  written and practical examinations
must take and pass those examinations again in  order  to  be
eligible  to  receive  a  license.    An  applicant  who is a
licensed audiologist shall take  the  practical  examination,
but  is  not  required  to  take  the  written examination to
qualify for a license.
    The Department shall, by rule, determine  the  conditions
under which an individual is examined.
    (d)  Proof  of  having  met  the  minimum requirements of
continuing education as determined  by  the  Board  shall  be
required  of  all  license  renewals.   Pursuant to rule, the
continuing education requirements may, upon petition  to  the
Board,  be  waived  in  whole  or  in  part  if  the  hearing
instrument dispenser can demonstrate that he or she served in
the  Coast Guard or Armed Forces, had an extreme hardship, or
obtained his or her license  by  examination  or  endorsement
within the preceding renewal period.
    (e)  Beginning  January  1, 2001, persons applying for an
initial license must demonstrate having earned  an  associate
degree  or  its  equivalent from an accredited institution of
higher education and meet  the  other  requirements  of  this
Section.   In  addition,  the  applicant must demonstrate the
successful completion of 12  semester  hours  or  18  quarter
hours  of academic undergraduate course work in an accredited
institution consisting of 3 semester  hours  of  anatomy  and
physiology  of  the  speech and hearing mechanism, 3 semester
hours of hearing science, 3 semester hours of introduction to
audiology, and 3 semester hours of aural  rehabilitation,  or
the quarter hour equivalent.  Persons licensed before January
1,  2001 who have a valid license on that date may have their
license renewed without  meeting  the  requirements  of  this
subsection.
(Source: P.A. 89-72, eff. 12-31-95.)

    (225 ILCS 50/11) (from Ch. 111, par. 7411)
    Sec. 11.  Graduate audiology students.
    Full-time  graduate  students  enrolled  in  a program of
audiology in an accredited college or university  may  engage
in  the  dispensing  of  hearing  instruments  as a part of a
program of audiology without a license under the  supervision
of a licensed audiologist hearing instrument dispenser.
    The  supervisor  and  the  supervisor's employer shall be
jointly and severally liable for  any  acts  of  the  student
relating  to  the  practice  of fitting or dispensing hearing
instruments as defined in this Act and the rules  promulgated
hereunder.
(Source: P.A. 89-72, eff. 12-95-31.)

    (225 ILCS 50/14) (from Ch. 111, par. 7414)
    Sec.  14.   Powers  and  duties  of  the Department.  The
powers and duties of the Department are:
    (a)  To issue licenses and to administer examinations  to
applicants;
    (b)  To  license  persons  who are qualified to engage in
the testing, recommending, fitting, selling,  and  dispensing
of hearing instruments;
    (c)  To  provide  the  equipment and facilities necessary
for the examination;
    (d)  To issue and to renew licenses;
    (e)  To suspend or revoke licenses or to take such  other
disciplinary action as provided in this Act;
    (f)  To  consider all recommendations and requests of the
Board and to inform it  of  all  actions  of  the  Department
insofar  as  hearing  instrument  dispensers  are  concerned,
including  any  instances where the actions of the Department
are contrary to the recommendations of the Board;
    (g)  To promulgate rules necessary to implement this Act;
    (h)  (Blank)   To subject the supervisor  of  a  graduate
audiology  student to such discipline as provided in this Act
for any violations made by the  graduate  audiology  student;
and
    (i)  To  conduct  such  consumer  education  programs and
awareness programs for persons with a hearing  impairment  as
may be recommended by the Board.
(Source: P.A. 89-72, eff. 12-31-95; 89-626, eff. 8-9-96.)

    (225 ILCS 50/15) (from Ch. 111, par. 7415)
    Sec. 15.  Fees.
    (a)  The  following  are  fees  to be charged and are not
refundable:
         (1)  The fee for application for a  license  is  $40
    $35.
         (2)  In  addition to the application fee, applicants
    for any examination shall be required to pay,  either  to
    the  Department  or  to the designated testing service, a
    fee covering the actual cost of the examination.  Failure
    to appear for the examination on the scheduled  date,  at
    the  time  and  place  specified,  after  the applicant's
    application and fee for the examination has been received
    and acknowledged by  the  Department  or  the  designated
    testing  service,  shall  result in the forfeiture of the
    fee.
         (3)  The fee for a license shall be $115 $40  per  2
    year  licensure period, except that the fee for a license
    for a person obtaining his or her supervised professional
    experience as required by subsection (f) of Section 8  of
    the  Illinois  Speech-Language  Pathology  and  Audiology
    Practice Act shall be $60 per one year licensure period.
         (4)  The  fee  for  the  reinstatement  of a license
    which has been expired for more than  90  days  but  less
    than  2  years  is $50 plus payment of all lapsed renewal
    and late fees.
         (5)  The fee for the restoration of a license  which
    has  been  expired  for  more  than  2 years is $100 plus
    payment of all lapsed renewal and late fees.
         (6)  The  fee  for  the  issuance  of  a   duplicate
    license,  for the issuance of a replacement license which
    has been lost or destroyed  or  for  the  issuance  of  a
    license  with a change of name or address is $10.  No fee
    is required for name and address  changes  on  Department
    records when no duplicate license is issued.
         (7)  The fee for a licensee's record for any purpose
    is $10.
         (8)  The  fee  to have the scoring of an examination
    administered by the Department reviewed and  verified  is
    $10, plus any fee charged by the testing service.
         (9)  The  fee for a wall license shall be the actual
    cost of such license.
         (10)  The fee for a roster of  persons  licensed  as
    hearing instrument dispensers shall be the actual cost of
    such roster.
         (11)  The annual fee for any organization registered
    pursuant  to  Section 6 is $100.  Such fee is in addition
    to all other fees imposed under this Act.
         (12)  A late fee, which shall be in the same  amount
    as  the  license  renewal  fee,  shall  be  charged  to a
    dispenser whose license renewal fee is  received  by  the
    Department after the expiration date of the license.
         (13)  Sponsors of continuing education courses shall
    provide  such  information as may be required by rule and
    shall pay a fee of $150  per  course.   However,  courses
    certified  or  approved  for  continuing education by the
    International Hearing Aid Society, the  American  Academy
    of Audiology, the Academy of Dispensing Audiologists, the
    American   Speech-Language-Hearing  Association,  or  any
    other national organization approved by the  Board  shall
    be  exempt  from such fee and compliance with such course
    filing requirements as specified by rule.
    (b)  The  moneys  received  as  fees  and  fines  by  the
Department under this Act shall be deposited in  the  Hearing
Instrument  Dispenser  Examining and Disciplinary Fund, which
is hereby created as a special fund in  the  State  Treasury,
and shall be used only for the administration and enforcement
of  this  Act,  including:  (1)  costs  directly  related  to
licensing  of persons under this Act; and (2) by the Board in
the exercise of its powers and performance of its duties, and
such  use  shall  be  made  by  the  Department   with   full
consideration of all recommendations of the Board.
    All moneys deposited in the Fund shall be appropriated to
the  Department  for expenses of the Department and the Board
in the administration and enforcement of this Act.
    Moneys in the Fund may be invested and  reinvested,  with
all  earnings deposited in the Fund and used for the purposes
set forth in this Act.
    Upon the completion of any audit  of  the  Department  as
prescribed  by  the  Illinois State Auditing Act, which audit
shall include an audit of the Fund, the Department shall make
a copy of the audit open  to  inspection  by  any  interested
person,  which  copy  shall be submitted to the Department by
the Auditor General, in  addition  to  the  copies  of  audit
reports  required to be submitted to other State officers and
agencies by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-72, eff. 12-31-95.)

    (225 ILCS 50/16) (from Ch. 111, par. 7416)
    Sec. 16.  Hearing Instrument Consumer  Protection  Board.
There  shall  be  established  a  Hearing Instrument Consumer
Protection  Board  which  shall  assist,  advise   and   make
recommendations to the Department.
    The  Board  shall  consist  of  6  5 members who shall be
residents of Illinois.  One shall be a licensed physician who
specializes in otology or  otolaryngology;  one  shall  be  a
member of a consumer-oriented organization concerned with the
hearing  impaired;  one  shall  be  from  the general public,
preferably a senior  citizen;  and  3  2  shall  be  licensed
hearing   instrument   dispensers   who  are.   Each  hearing
instrument  dispenser  shall  have  at  least  5   years   of
experience. One of the hearing instrument dispensers shall be
a  Licensed  Audiologist  and  the  other shall be a National
Board Certified Hearing Instrument Specialists, one  of  whom
is a licensed audiologist Specialist.  If a vote of the Board
results in a tie, the Director shall cast the deciding vote.
    Members  of  the Board shall be appointed by the Director
after    consultation    with    appropriate     professional
organizations and consumer groups. The term of office of each
shall  be  4  years.   Before  a  member's  term expires, the
Director shall appoint a successor to assume member's  duties
at  the  expiration  of  his  or  her  predecessor's term.  A
vacancy shall be filled  by  appointment  for  the  unexpired
term.  The  members  shall  annually  designate one member as
chairman.   No  member  of  the  Board  who  has   served   2
successive,  full  terms may be reappointed. The Director may
remove members for good cause.
    Members of the  Board  shall  receive  reimbursement  for
actual  and  necessary  travel and for other expenses, not to
exceed the limit established by the Department.
(Source: P.A. 89-72, eff. 12-31-95.)

    Section 10.  The Illinois Speech-Language  Pathology  and
Audiology Practice Act is amended by changing Sections 4, 14,
and 14.5 and by adding Section 7.1 as follows:

    (225 ILCS 110/4) (from Ch. 111, par. 7904)
    Sec. 4.  Powers and duties of the Department.  Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers and duties:
    (a)  Conduct  or  authorize examinations to ascertain the
fitness and qualifications  of  applicants  for  license  and
issue  licenses  to  those  who  are  found  to  be  fit  and
qualified.
    (b)  Prescribe  rules  and  regulations  for  a method of
examination of candidates.
    (c)  Prescribe rules and regulations defining what  shall
constitute  an  approved  school,  college or department of a
university, except that no school, college or department of a
university that refuses admittance to  applicants  solely  on
account  of  race, color, creed, sex or national origin shall
be approved.
    (d)  Conduct hearings on proceedings to revoke,  suspend,
or refusal to issue such licenses.
    (e)  Promulgate  rules  and  regulations required for the
administration of this Act.
    (f)  Discipline the supervisor of  a  graduate  audiology
student  as  provided  in  this  Act  for  a violation by the
graduate audiology student.
    (g)  Enforce the provisions  of  the  Hearing  Instrument
Consumer  Protection  Act and rules promulgated under the Act
as that Act and those rules apply  to  licensed  audiologists
regulated by the Department.
(Source: P.A. 85-1391.)

    (225 ILCS 110/7.1 new)
    Sec.   7.1.    Graduate   audiology  students.  Full-time
graduate students enrolled in a program of  audiology  in  an
accredited college or university may engage in the dispensing
of  hearing  instruments  as a part of a program of audiology
without a license under the  supervision  of  an  audiologist
licensed under this Act.
    The  supervisor  and  the  supervisor's employer shall be
jointly and severally liable for  any  acts  of  the  student
relating  to  the  practice  of fitting or dispensing hearing
instruments as defined in the rules  promulgated  under  this
Act.

    (225 ILCS 110/14) (from Ch. 111, par. 7914)
    Sec. 14.  Fees.
    (a)  The  Department shall provide by rule for a schedule
of fees to be paid  for  licenses  by  all  applicants.   The
Department  shall  consult  with  the  Board and consider its
recommendations when establishing the schedule  of  fees  and
any increase in fees to be paid by license applicants.
    (b)  Except as provided in subsection (c) below, the fees
for the administration and enforcement of this Act, including
but   not   limited   to  original  licensure,  renewal,  and
restoration, shall be set by rule and shall be nonrefundable.
    (b-5)  In addition to any  fees  set  by  the  Department
through  administrative  rule,  the  Department shall, at the
time of licensure and renewal,  collect  from  each  licensed
audiologist  a  Hearing Instrument Consumer Protection Fee of
$45.
    (c)  Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the  cost  of  initial  screening  to  determine
eligibility and to provide the examination. Failure to appear
for  the  examination  on  the scheduled date at the time and
place specified, after the application  for  examination  has
been  received  and  acknowledged  by  the  Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
(Source: P.A. 90-69, eff. 7-8-97.)

    (225 ILCS 110/14.5)
    Sec. 14.5.  Deposit of fees and fines.  Beginning July 1,
1995, all of the fees and  fines  collected  under  this  Act
shall  be  deposited  into  the General Professions Dedicated
Fund, with the exception of the Hearing  Instrument  Consumer
Protection  Fee  provided  for in subsection (b-5) of Section
14, which shall be  deposited  into  the  Hearing  Instrument
Dispenser  Licensing  and Discipline Fund administered by the
Department of Public Health.
(Source: P.A. 88-683, eff. 1-24-95.)
    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2001.

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