AUTHORITY: Implementing and authorized by the Hearing Instrument Consumer Protection Act [225 ILCS 50].
SOURCE: Adopted at 11 Ill. Reg. 7690, effective April 15, 1987; amended at 12 Ill. Reg. 4720, effective February 22, 1988; amended at 14 Ill. Reg. 10447, effective June 18, 1990; amended at 17 Ill. Reg. 8825, effective June 10, 1993; amended at 21 Ill. Reg. 4799, effective April 1, 1997; amended at 26 Ill. Reg. 11995, effective July 22, 2002; amended at 35 Ill. Reg. 10312, effective June 17, 2011; amended at 37 Ill. Reg. 19331, effective November 13, 2013.
SUBPART A: GENERAL PROVISIONS
Section 682.100 Definitions
"Abuse" means any physical or mental injury or sexual assault, inflicted on a consumer other than by accidental means.
"Act" means the Hearing Instrument Consumer Protection Act [225 ILCS 50].
"Advertisement" means any printed or spoken information that is provided to the public group, pursuant to the practice of fitting, dispensing or servicing hearing instruments or by persons engaged in these activities.
"Audiometric Test" means any test, using calibrated audiometric equipment, to determine the status of the hearing system.
"Authorized Designee" means any organization that is approved by the Department to offer and conduct a written or practical examination in accordance with Department guidelines.
"Board" means the Hearing Instrument Consumer Protection Board. (Section 3 of the Act)
"Cost" means any expense resulting from activities mandated by the Hearing Instrument Consumer Protection Act or this Part.
"Decibel" or "dB" means a numerical expression of the relative intensity of a sound.
"Department" means the Department of Public Health. (Section 3(a) of the Act)
"Direct Supervision" means that the licensed hearing instrument dispenser/audiologist designated as supervisor of a licensed trainee shall give final approval to all work performed by the trainee, shall sign off on all progress notes and contracts, and shall be physically present 100 percent of the time while the trainee has contact with the client. (Section 9.5 of the Act)
"Director" means the Director of the Department of Public Health. (Section 3(b) of the Act)
"Disposable Hearing Instrument" or "Disposable Hearing Aid" means any instrument or device designed, intended, or offered for the purpose of improving a person's hearing that uses a self-contained, non-renewable, non-replaceable battery of limited life span.
"Entity" means a person or group of persons engaged in dispensing activities.
"Fund" means the Hearing Instrument Dispenser Examining and Disciplinary Fund. (Section 3 of the Act)
"Hearing Care Professional" means a person who is a licensed audiologist, a licensed hearing instrument dispenser, or a licensed physician. (Section 3 of the Act)
"Hearing Instrument" or "Hearing Aid" means any instrument or device designed, intended, or offered for the purpose of improving a person's hearing and any parts, attachments, or accessories, including earmold. Batteries, cords, and individual or group auditory training devices and any instrument or device used by a public utility in providing telephone or other communication services are excluded. (Section 3(i) of the Act)
"Hearing Instrument Dispenser" or "Dispenser" means a person who is a hearing care professional that engages in the selling, practice of fitting, selecting, recommending, dispensing, or servicing of hearing instruments or the testing for means of hearing instrument selection or who advertises or displays a sign or represents himself or herself as a person who practices the testing, fitting, selecting, servicing, dispensing, or selling of hearing instruments. (Section 3 of the Act)
"Liability Insurance" means malpractice insurance in the minimum amount of $200,000.
"License" means a license issued by the State under the Act to a hearing instrument dispenser. (Section 3 of the Act)
"Licensed Audiologist" means a person licensed as an audiologist under the Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110] (Section 3 of the Act)
"Licensed Hearing Instrument Dispenser" or "Licensee" means a hearing instrument dispenser who has met the educational requirements, has passed the Department's required Hearing Instrument Dispenser Examinations, and has paid the appropriate fees for the license.
"Licensed Physician" or "Physician" means a physician licensed in Illinois to practice medicine in all of its branches, pursuant to the Medical Practice Act of 1987 [225 ILCS 60]. (Section 3 of the Act)
"Masking" means the process by which a second sound stimulus is introduced to the non-test ear to isolate the response of the test ear from that of the non-test ear.
"Medical Evaluation" means 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 6 months immediately preceding the date of the sale of the hearing instrument to the prospective hearing instrument user. (Section 4 of the Act)
"Most Comfortable Loudness" or "MCL" means a level at which sound is most comfortable for the client, that is, loudness of sound sufficient and adequate to be easily heard by the listener without the sound being painful or having disturbing features.
"National Board Certified Hearing Instrument Specialist" means a person who has had at least 2 years in practice as a hearing instrument dispenser and has been certified after qualification by examination by the National Board for Certification in Hearing Instruments Sciences. (Section 3 of the Act)
"Observer" means a licensed hearing instrument dispenser/audiologist who directly observes students or licensed trainees engaged in dispensing activities described in Section 682.215(d).
"Place of Business" means a location where hearing instruments are exhibited or the services are offered for sale or lease on a continuing basis; where the hearing instrument purchaser can have personal contact and counsel with the licensed hearing instrument dispenser/audiologist and obtain service during the firm's business hours; where the licensed hearing instrument dispenser/audiologist maintains a depository of all client records; where the licensee normally conducts business; and that is the address given for the purpose of retail sales tax to the Illinois Department of Revenue.
"Practice of Fitting, Dispensing or Servicing of Hearing Instruments " means the measurement of human hearing with an audiometer, calibrated to the current American National Standard Institute standards, for the purpose of making selections, recommendations, adaptations, services, or sales of hearing instruments including the making of earmolds as part of the hearing instrument. (Section 3 of the Act)
"Reciprocity" means the licensing of a dispenser who holds a current license in another State that determines competency through the International Institute for Hearing Instrument Studies (IIHIS) International Licensing Examination (ILE) or who holds a valid current license from another state that has an examination substantially similar to the examination required under the Act, as determined by the Department.
"Reciprocity Fee" means a fee equivalent to the fee for one entire administration of the licensing competency examination (see Section 682.200(a)(3)).
"Sell" or "Sale" means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers. (Section 3 of the Act)
"Speech Reception Threshold" means the lowest hearing level in decibels at which the client can respond correctly to at least 50% of the two-syllable words (spondaic words) presented via recording or live voice.
"Spondaic Words" means words containing two syllables that are pronounced with equal emphasis.
"Student" means any non-licensed individual, involved in supervised hearing instrument dispensing activities, who is enrolled full-time in a graduate program of audiology in an accredited college or university. (Section 11 of the Act)
"Supervisor" means the licensed hearing instrument dispenser or audiologist, with at least two years of practice dispensing hearing aids, who is responsible for the hearing instrument dispensing activities of a student or trainee. The licensed hearing instrument dispenser/audiologist is responsible for all of the work that is performed by the trainee or student.
"Trainee" means a person who is licensed to perform the functions of a hearing instrument dispenser in accordance with this Part and only under the direct supervision of a hearing instrument dispenser or audiologist who is licensed in this State. (Section 3 of the Act)
"Uncomfortable Loudness Level" or "UCL" means the level at which the client indicates that sound is uncomfortably loud.
(Source: Amended at 37 Ill. Reg. 19331, effective November 13, 2013)
Section 682.105 Incorporated and Referenced Materials
The following materials are incorporated or referenced in this Part:
a) The following materials are incorporated in this Part:
1) ANSI S3.6-2004
Specifications for Audiometers
American National Standards Institute
1430 Broadway
New York, New York 10018, or
ASA Standards Distribution Center
1650 Bluegrass Lakes Parkway
P.O. Box 6996
Alpharetta GA 30239-6996
(See Sections 682.170(c), 682.170(e)(4), 682.300(b) and 682.300(d))
2) ANSI S3.21-2004
Methods for Pure Tone Threshold Audiometry
American National Standards Institute
1430 Broadway
New York, New York 10018
(See Section 682.300(a))
3) ANSI S3.1-2004
Maximum Permissible Ambient Noise Levels for Audiometric Test Rooms
American National Standards Institute
1430 Broadway
New York, New York 10018
(See Section 682.300)
b) The following federal regulations are incorporated in this Part:
1) 21 CFR 801.420: Food and Drug Administration: Hearing aid devices; professional and patient labeling (April 1, 2010);
2) 21 CFR 801.421: Food and Drug Administration: Hearing aid devices; conditions for sale (April 1, 2010).
c) The following State rules and State statutes are referenced in this Part:
1) Practice and Procedures in Administrative Hearings (77 Ill. Adm. Code 100);
2) Hearing Aid Consumer Protection Continuing Education Requirements (77 Ill. Adm. Code 3000);
3) Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505];
4) Hearing Instrument Consumer Protection Act [225 ILCS 50]; and
5) Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110].
d) All incorporations by reference of federal regulations and the standards of nationally recognized organizations refer to the regulations and standards on the date specified and do not include any amendments or editions subsequent to the date specified.
e) Copies of all incorporated materials are available for public inspection and duplication at the Department's Central Office, Division of Health Assessment and Screening (535 West Jefferson, Springfield, Illinois 62761).
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.110 Information Required for Hearing Instrument Users
a) Whenever a sale or service of one or more hearing instruments 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 licensed hearing instrument dispenser/audiologist 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/audiologist'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. (Section 4 of the Act)
b) If a medical evaluation is not obtained, a copy of the medical waiver shall be presented to the consumer for his/her signature, and a copy of this document shall be attached to the consumer's copy of the contract/receipt. The medical waiver shall be a separate document from the contract/receipt.
c) In the sale of disposable hearing instruments, lot numbers may be substituted on the contract if serial numbers are not designated on instruments.
d) Whenever a sale of one or more disposable hearing instruments is made or contracted to be made, whether under a single contract or under multiple contracts, hearing instruments may be reissued without retesting, additional medical waivers, or additional contracts for a period of no more than one year from the date of the original sale; however, the replacement hearing instruments shall be of the same make, model, and specifications as the originally sold instruments. In the case of disposable hearing instruments, the 30-business-day return privilege applies to the first 30 business days from initial dispensing date regardless of the number of instruments or term of the contract.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.115 Thirty-Business-Day Return Privilege
a) All hearing instruments offered for sale must be accompanied by a 30-business-day return privilege. (Section 4 of the Act)
1) At the time the hearing instrument is delivered, the licensed hearing instrument dispenser/audiologist shall furnish the consumer with a fully completed receipt or copy of the contract pertaining to the sale that contains a statement informing the consumer that he or she may return the hearing instrument for a refund within 30 business days, beginning on the date of delivery. In immediate proximity to the space reserved in the contract for the signature of the consumer, there shall be a statement, in bold 10-point type, in substantially the following form:
You, the buyer, may request a refund within 30 business days after delivery of the hearing instrument. This refund period extends to
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(date)
2) If a nonrefundable fee will be withheld from the consumer in the event of return, the dollar amount shall be clearly stated in 10-point bold type on the face of the receipt or contract provided to the consumer.
b) If the hearing instruments and/or accessories are returned to the manufacturer/supplier for adjustment or repair during the 30-business-day refund period, the refund period will be extended by the number of days that the hearing instrument is not in the possession of the consumer, affording the consumer the remainder of the refund period. The extension shall be provided to the consumer in writing in substantially the following form:
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being afforded an extended refund period through |
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on the hearing instruments with the following serial numbers: |
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(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.120 Description of Hearing Instruments
No terms or combination of terms may be used, either written or verbal other than "new," "used" or "reconditioned."
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.130 Consumer Complaint Notification Cards
a) A consumer complaint notification form and poster, provided by the Department , shall be used as specified in Section 4 of the Act. The poster shall always be displayed wherever hearing instrumentsare dispensed, except for "in home" sales.
b) All persons purchasing hearing instruments shall be provided with a written statement in a minimum of 10-point bold type, on the face of the contract or purchase agreement, indicating that formal complaints regarding hearing instrument goods and/or services may be made to the Department. The statement shall give the address of the Department's Hearing Instrument Consumer Protection Program and the hotline telephone number of the Department. The purchaser shall initial the statement at the time of purchase.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.140 Consumer Records
Required consumer records for licensed hearing instrument dispensers/audiologists shall be copies of medical evaluations, medical waivers, all contracts, receipts, and audiometric test results (audiograms).
a) The full name of the licensed hearing instrument dispenser/audiologist and the date of the test shall be recorded on the audiogram.
b) When a hearing instrument is sold, as defined in Section 3 of the Act, copies of all records that are required in this Section shall be retained at the place of business shown on the contract for a minimum of 36 months. (See 21 CFR 801.421(d) and Section 4 of the Act.)
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.150 Information to be Submitted by a Corporation, Partnership, Trust, Association or Other Entity
Each corporation, partnership, trust, association or other entity engaging in the business of testing, fitting, servicing, selecting, dispensing, selling, or offering for sale hearing instruments at retail shall file, with the Department, prior to doing business in this State and by July 1 of each calendar year thereafter, on forms prescribed by the Department, a list of all licensed hearing instrument dispensers/audiologists employed by it; the business name, address, county, and phone number; and the name of the owner and/or manager; and a statement attesting that it complies with the Act and this Part and the regulations of the Federal Food and Drug Administration (21 CFR 801.420 et seq.) insofar as they are applicable. (Section 5 of the Act) The Department shall be notified, in writing, of any changes to the information provided.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.160 Inspections
The Department shall inspect places of business where Illinois licensed hearing instrument dispensers/audiologists are employed. The following shall be inspected: display of the Department poster; possession of the Department's Consumer Complaint Notification Form; audiometer calibration data sheet; Notice of Cancellation Forms, contracts/receipts and medical waiver forms that the licensed hearing instrument dispenser/audiologist uses. Individual client records shall not be inspected without the written consent of the client or guardian.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.170 Audiometer Calibrations
An annual calibration shall be conducted on each audiometer used in dispensing hearing instruments.
a) Audiometer calibration data sheets shall be kept on file at the licensed hearing instrument dispenser's/audiologist's place of business for four years after the date of calibration.
b) The audiometer calibration data sheet shall include the following:
1) Audiometer identification, consisting of make, model, and serial number;
2) The calibrator's identification, consisting of the company name, the company address, and the name of the individual who conducted the calibration;
3) Audiometer calibration readings for air and bone conduction, speech, rise and decay time, and masking;
4) The calibrator's certification that the audiometer meets or exceeds American National Standards Institute (ANSI) standards (see Section 682.105(a)(1)); and
5) Date of calibration.
c) Calibration shall be accomplished by the manufacturer or a person equipped with instruments for calibrating audiometers.
d) Calibration of audiometers shall be in accordance with the standards set by ANSI (see Section 682.105(a)(1)).
e) The licensed hearing instrument dispenser/audiologist shall indicate the make of the audiometer, the model, serial number, and the date of the last ANSI calibration for each audiometer used in hearing instrument dispensing activities on the Audiometer Calibration Form. The Form shall be signed and shall be presented to the Department upon request.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.180 Mail Order Sales
Businesses located in Illinois and engaged in the mail order/internet sale of hearing instruments shall submit the following to the Department, by January 1 of each year:
a) A statement that the organization employs only Illinois licensed hearing instrument dispensers/audiologists in the dispensing of hearing instruments;
b) A list of all licensed hearing instrument dispensers/audiologists employed by it (Section 6 of the Act); and
c) The required fee (see Section 682.200(a)(3)).
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.185 In-Office Sales Promotions
Hearing instrument manufacturer representatives, who are not Illinois licensed hearing instrument dispensers/audiologists, conducting in-office sales promotions are prohibited from consumer contact prior to the testing of hearing and recommendation of a specific hearing instrument by an Illinois licensed hearing instrument dispenser/audiologist. The testing or evaluation of a consumer, using electro-acoustic equipment, by a manufacturer's representative who is not an Illinois licensed hearing instrument dispenser/audiologist is prohibited.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.190 Liability Insurance
a) All persons licensed under the Act shall maintain liability insurance (malpractice). (Section 4 of the Act) Ongoing liability insurance coverage shall be maintained for all claims that might be brought on account of the licensee's professional activities.
b) If a licensed hearing instrument dispenser/audiologist possesses liability insurance that provides coverage only while the licensed individual is dispensing for a particular employer, the licensed hearing instrument dispenser/audiologist shall not dispense hearing instruments as a self-employee or for another employer without obtaining separate liability insurance coverage.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.195 Required Forms
All forms required in this Part may be obtained by contacting the Department at 535 West Jefferson, Springfield, Illinois 62761.
(Source: Added at 17 Ill. Reg. 8825, effective June 10, 1993)
SUBPART B: HEARING INSTRUMENT DISPENSER LICENSE
Section 682.200 Application Procedures
a) Applicants for licensure shall submit to the Department the following forms and fees that are required for license application:
1) Application processing fee − $80;
2) Application form that provides the following information:
A) Name of applicant, date of birth, gender, home mailing address, home phone number, business or agency name, business mailing address, e-mail address (if available), business phone, preferred mailing address, highest level of education completed, any university attended, educational degrees awarded, professional certificates held, number of years applicant has dispensed hearing instruments, previous convictions or disciplinary actions against the applicant, citizenship status, indication that the applicant is free from infectious disease, and a Hearing Instrument Consumer Protection Act compliance statement with the signature of the applicant;
B) Verification of the successful completion of 12 semester hours or 18 quarter hours of academic undergraduate course work in a U.S. Department of Education accredited institution consisting of three semester hours of anatomy and physiology of the speech and hearing mechanism, three semester hours of hearing science, three semester hours of introduction to audiology, and three semester hours of aural rehabilitation or the quarter hour equivalent; and
C) Official transcripts from an accredited institution of higher education that is recognized by the U.S. Department of Education verifying a minimum of an associate degree pursuant to Section 8(e) of the Act. (Section 8(e) of the Act)
3) License Fee − $200 (two year);
Duplicate/Additional License Fee − $20 (each);
Six-month trainee license fee − $100;
Annual licensing fee for organizations registered pursuant to Section 6(a)
of the Act (mail order sales) − $200;
Reciprocity fee − $500.
4) Proof of liability insurance, which shall give the name and address of the agency; names and addresses of the applicants insured; name of the company affording coverage; type of insurance (malpractice); policy number; policy expiration date; limits of liability in thousands; and any cancellation clauses and the address of the Department as the agency to be notified if the policy is cancelled or expires.
b) Applicants for a six-month trainee dispenser license shall submit a letter of verification from the licensed supervisor and a completed trainee form signed by the supervisor.
c) Before a trainee license will be issued, the trainee shall show documentation of successful completion of the required courses as outlined in Section 8(e) of the Act and subsection (a)(2)(B) of this Section, or their equivalent as determined by the Department, and pay the trainee license fee.
d) Applicants pursuing a hearing instrument dispenser license pursuant to Section 6.1 of the Act (reciprocity) shall show proof of having:
1) Met requirements of subsections (a) through (d) of this Section;
2) Met the requirements of Section 8(b) of the Act;
3) Met the academic requirements of Section 8(e) of the Act;
4) Obtained a valid license as a hearing instrument dispenser, or its equivalent, from another state that has an examination that is comparable to the examination required under the Act;
5) Practiced as a hearing instrument dispenser for at least three months, or possessing current certification by the National Board for Certification in Hearing Instrument Sciences; and
6) Paid the required fees (application, licensing, and reciprocity fees set forth in this Section).
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.210 Issuance of a Temporary License (Repealed)
(Source: Repealed at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.215 Supervision of Students
a) Full-time graduate students enrolled in a program of audiology in a U.S. Department of Education recognized accredited college or university may engage in the dispensing of hearing instruments without a license as a part of an academic program of audiology under the supervision of a licensed audiologist. (Section 11 of the Act)
b) At least 50% of each hearing instrument dispensing activity by a student shall be observed directly by a licensed audiologist responsible for the supervision of the student.
c) Until the student has obtained a Hearing Instrument Dispenser License or becomes a licensed audiologist, dispensing of hearing instruments off campus is limited to sites or programs affiliated with, or operated under, the auspices and approval of the program of audiology in the college or university in which the student is enrolled.
d) One supervisor may supervise a limit of three trainees at any point in time.
e) A licensed trainee shall perform the functions of a hearing instrument dispenser in accordance with this Part and only under direct supervision by the designated licensed supervisor.
f) The designated licensed hearing instrument dispenser or audiologist is responsible for all of the work that is performed by the trainee. (Section 9.5 of the Act)
g) A licensed hearing instrument dispenser/audiologist shall directly observe 100 percent of each hearing instrument dispensing activity by a licensed trainee.
h) Contracts signed by a licensed trainee shall also be signed by the designated supervisor.
i) Until the licensed trainee has obtained a Hearing Instrument Dispenser License or becomes a licensed audiologist, dispensing of hearing instruments is limited to sites where the designated supervisor observes 100 percent of the time that the trainee has client contact.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.220 Duplication of a License
Photocopying, reproducing or duplicating a Department Hearing Instrument Dispenser License by any person other than the Department is prohibited.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.230 Place of Business
a) On the application form, each applicant shall indicate his or her name and the name, address, county and phone number of all places of business from which hearing instruments will be dispensed.
b) If the place of business of a licensee is changed from the addresses provided on any Hearing Instrument Dispenser License and/or changed from the preferred mailing address provided to the Department on the application, the licensee shall file written notice with the Department via the License Correction Form within 10 working days after the change. The licensee shall provide the following information: the licensee's corrected business address, phone and business county, and an indication if the correction is for a duplicate Hearing Instrument Dispenser License, for a new Hearing Instrument Dispenser License (a new business address), for the deletion of a current Hearing Instrument Dispenser License business address or for a change in the preferred mailing address. The Department shall confirm in writing to the licensee that the changes have been made in the licensee's records.
c) Except at those places of business where the consumer can receive hearing instrument services via another licensed hearing instrument dispenser/audiologist who can be contacted at the dispenser's/audiologist's former business address and phone number, licensed hearing instrument dispensers/audiologists who change their business location shall leave a forwarding address with the post office, for at least one year and shall leave a forwarding phone number with the phone company, for at least four months, so that consumers and the Department can contact the licensed hearing instrument dispenser/audiologist.
d) Prior to the closing of a business, the licensed hearing instrument dispenser/audiologist shall place an advertisement in a local or area newspaper advising the public of the closing and shall arrange for the transfer of records upon consumer request.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.240 Display of License
a) Persons engaged in the selling, practice of testing, fitting, selecting, recommending, adapting, dispensing or servicing hearing instruments or who display a sign, advertise or represent themselves as a person who practices the fitting and selling of hearing instruments shall possess a current Department Hearing Instrument Dispenser License that shall be conspicuously displayed in the place of business in accordance with Section 5 of the Act [225 ILCS 50/5]. This license requirement does not apply to persons exempt from these provisions under Section 7 of the Act. The address on the Hearing Instrument License shall be the same as the address of the place of business where hearing instruments are dispensed where only one place of business is used.
1) When more than one place of business is in operation, more than 8 hours per week annually, an additional Hearing Instrument Dispenser License with the address of the place of business shall be displayed.
2) If any place of business is in operation less than 8 hours per week annually, or if the hearing instrument dispensing is done in a consumer's home, a duplicate Hearing Instrument Dispenser License with the address of the main place of business shall be displayed.
b) When a licensed hearing instrument dispenser opens a new place of business prior to the commencement of business at the new address, an additional Hearing Instrument Dispenser License, with the new address, shall be displayed.
c) When engaged in hearing instrument dispensing activities a hearing instrument dispenser shall produce the Hearing Instrument Dispenser License upon request of any member of the public, employee of the Department, or employee of a law enforcement agency.
(Source: Amended at 26 Ill. Reg. 11995, effective July 22, 2002)
Section 682.250 Expiration of Licenses and License Renewals
a) Hearing Instrument Dispenser Licenses shall be valid for two years.
1) The fee for renewal of the Hearing Instrument Dispenser License shall be $200 for the next two year period. The licensee shall send a completed License Renewal Form and the license renewal fee to the Department, postmarked no later than 30 days prior to the expiration date on the Hearing Instrument Dispenser License. Failure to receive a notice to renew shall not relieve the licensee of the obligation to pay the renewal fee 30 days prior to the expiration date on the Hearing Instrument Dispenser License.
2) The Department shall send renewal and expiration notices to the licensee.
3) The fee for each additional/duplicate Hearing Instrument Dispenser License is $20.
4) The trainee license is valid for six months and is non-renewable and non-transferrable. The fee for a trainee license is $100.
b) Individuals who meet the educational requirements and who pass the hearing instrument dispenser examinations, or who meet requirements for licensure under reciprocity, shall complete the application form and pay an initial application fee of $80. These individuals shall also pay $200 for the issuance of a Hearing Instrument Dispenser License plus $20 for each additional Hearing Instrument Dispenser License. Individuals applying under reciprocity shall also pay the reciprocity fee of $500. This Hearing Instrument Dispenser License shall be valid for two years.
c) If the Hearing Instrument Dispenser License has expired and the licensee cannot show evidence of having practiced in the previous two years, the licensee shall successfully complete the Department's hearing instrument dispenser examinations (written and practicum), or meet the current criteria for licensure under reciprocity, and shall meet all current eligibility requirements, including educational requirements, and pay all of the required fees.
d) A license that has expired may be renewed within 90 days after expiration by payment of the license renewal fee (see subsection (b)) and a late fee in the same amount as the license renewal fee.
e) A license that has been expired for more than 90 days but fewer than 180 days may be renewed by the payment of $100 plus the license renewal fee and a late fee in the same amount as the license renewal fee and by meeting the continuing education requirements (i.e., 20 CEUs per lapsed two-year renewal period plus five additional CEUs for each six-month lapse period or part thereof).
f) A license that has been expired for more than 180 days but less than two years may be renewed by the payment of $150 plus the license renewal fee (see subsection (b)) plus a late fee in the same amount as the license renewal fee and by meeting the continuing education requirements (i.e., 20 CEUs per lapsed renewal period plus five additional CEUs per six-month period or part thereof past the expiration date).
g) A license that has been expired for more than 2 years may be reinstated by the payment of $200 plus the license renewal fee (see subsection (b)) plus a late fee in the same amount as the license renewal fee by meeting the continuing education requirements (i.e., 20 CEUs per lapsed renewal period plus five additional CEUs per six-month period or part thereof past the expiration date) and by meeting the requirements of subsection (c) of this Section, if applicable.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.260 Inactive Status Request
A licensed hearing instrument dispenser who notifies the Department on the prescribed forms may place his or her license on inactive status. If such period of inactive status is more than 2 years, the hearing instrument dispenser shall also provide the Department with sworn evidence certifying to active practice in another jurisdiction that is satisfactory to the Department. If that person has not practiced in any jurisdiction for 2 years or more, he or she shall be required to restore his or her license by retaking and passing the examinations required in Section 8 of the Act or by applying for licensure under the provisions of reciprocity. Any hearing instrument dispenser whose license is on inactive status shall not practice in Illinois. (Section 20 of the Act)
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
SUBPART C: TEST PROCEDURES FOR DISPENSING HEARING INSTRUMENTS
Section 682.300 Established Test Procedures
These established tests and instrumentations shall be employed in the selection of hearing instruments, except for children or persons with developmental disabilities or physical disabilities. The test results and instrumentation used in the selection of hearing instruments shall be recorded for all persons. The ambient noise conditions within the room under which these tests results are obtained shall be described, i.e., any noise source that will influence the test results.
a) Air and bone conduction test results shall be obtained for each client in the manner specified in the ANSI Methods for Pure Tone Threshold Audiometry (see Section 682.105(a)(2)).
b) Masking shall be applied to the non-test ear whenever the test stimulus, which is delivered to the test ear, arrives at and/or is likely to be perceived in the non-test ear.
c) Speech reception threshold shall be accomplished with a speech audiometer as defined in and calibrated to the ANSI Specifications for Audiometers (see Section 682.105(a)(1)). The spondaic words shall be presented by recording or live voice. The results from either recorded or live voice testing shall be in decibels hearing level (dBHL).
d) Speech discrimination/identification tests shall be administered using a speech audiometer as defined in and calibrated to the ANSI Specifications for Audiometers (see Section 682.105(a)(1)). The results shall be recorded as the percentage of the total number of words correctly identified at a specified presentation level.
e) "Most Comfortable Loudness" shall be obtained using sound or speech via recorded or live voice presentation and shall be measured and recorded in dBHL.
f) "Uncomfortable loudness level" shall be obtained using sound or speech via recorded or live voice presentation and shall be measured and recorded in dBHL.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.310 Period of Time Tests Are Valid
The audiometric tests shall have taken place within 6 months immediately preceding the date any payment is made on a Hearing Instrument or if payment is not made, when the consumer takes possession of the Hearing Instrument.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.320 Tests Performed by Others
Audiometric tests performed, within the previous six months, by another licensed hearing instrument dispenser/audiologist can be used to select a hearing instrument (see Section 682.330); however, the licensed hearing instrument dispenser/audiologist who sells the hearing instruments shall ensure that all tests required by this Part have been conducted prior to dispensing the hearing instruments. The seller is also responsible for the hearing instruments that are dispensed.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.330 Hearing Instrument Selection: Persons Eligible to Recommend
Possession of a Department Hearing Instrument Dispenser License is required for any person, unless the person is exempt under Section 7 of the Act or holds a current trainee license, who recommends that a consumer obtain a specific or generic hearing instrument by make and model or specification.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.340 Audiometric Tests for Children, Developmentally Delayed Persons and Physically Disabled Persons
The tests and procedures used in dispensing of Hearing Instruments shall be appropriate to the individual subject, e.g., children or persons with developmental or physical disabilities.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.350 Audiometric Tests for Replacement Hearing Instrument
The minimum tests set forth in Section 682.300 are not required when the Hearing Instrument is a replacement of a hearing instrument of the same make and model within one year of the dispensing of the original hearing instrument. (Section 18(z) of the Act)
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.360 Equipment Needed
Each licensed hearing instrument dispenser/audiologist shall have equipment capable of performing the tests described in Section 682.300(a), (b), (c), (d), (e) and (f) of this Part.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
SUBPART D: HEARING AID DISPENSER EXAMINATION
Section 682.400 Administration of the Examination
Individuals may write to the Department for information on taking the Illinois Department of Public Health Hearing Instrument Dispenser Examination.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.410 Identification Needed to Take the Examination
The applicant shall present the following at the examination site prior to taking the examination: a registration form validated by the Department or its designee; identification with the applicant's name and signature; and a driver's license or other similar photo identification. No one may take the examination without each of these documents.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.420 Examination: Written and Practical
The examination shall consist of written and practical tests administered by the Department or its authorized designee. The examinations given, both written and practical, shall be the Uniform Written and Practical Examinations for Hearing Instrument Dispensers from the International Institute for Hearing Instrument Studies, International Hearing Society (IIHIS, IHS), or an examination approved, developed or sanctioned by the Department that meets the criteria in subsections (a) and (b). These tests shall be administered at least four times during a calendar year.
a) The written examination shall cover those areas of knowledge specified in Section 9 of the Act. A minimum passing grade, for the written examination, shall be 70 percent on each section of the written examination.
1) An applicant who fails the written examination may retake the examination. The examination fee shall be paid for each administration of the examination.
2) An individual candidate may take the written examination no more than twice in any consecutive 12-month period.
3) The fee for the written examination shall be $200 per candidate per administration of the examination.
b) The practical examination shall cover those areas of knowledge specified in Section 9 of the Act. A minimum passing grade for the practical examination shall be 70 percent on each section of the practical examination.
1) There is no limit on the number of times that the practicum may be taken. The examination fee shall be paid for each administration of the examination.
2) The fee for the full practical examination shall be $300. The fee for retaking each failed area of the examination shall be $75 per area. The fee shall be paid for each administration of the examination.
c) The written and practical examinations will be scored independently of each other.
(Source: Amended at 37 Ill. Reg. 19331, effective November 13, 2013)
Section 682.430 Notification of Examination Results
The Department will issue a written notification of examination results within 60 days after the examination date to all persons who take either the written or practical hearing instrument dispenser examination.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.440 Temporary License Expiration (Repealed)
(Source: Repealed at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.450 Examination Due Process
The results of a practical examination may be appealed to the Board. The Board shall only hear an appeal for the most recent practical examination taken at a scheduled board meeting. The appeal should be addressed to the Chairman of the Board via the Department. The appellant shall indicate the nature of the complaint and document the reasons for the complaint. A majority of the Board shall recommend one of the following: that the complaint is not valid; that a passing grade be awarded; or that the appellant may retake the examination at no cost.
(Source: Amended at 17 Ill. Reg. 8825, effective June 10, 1993)
SUBPART E: ETHICAL PRACTICE
Section 682.500 Dishonest, Unethical, and Unprofessional Conduct
Dishonest, unethical, and unprofessional conduct shall include the activities set forth in Section 18 of the Act as well as the following actions:
a) Stating or implying, verbally or in writing, that the use of a hearing instrument will restore normal hearing, preserve hearing, prevent or retard progression of hearing impairment;
b) Physically abusing clients;
c) Falsifying records;
d) Representing, advertising, or implying that a hearing instrument is guaranteed without providing full disclosure of the identity of the guarantor and the nature, extent, and duration of the guarantee, including the existence of conditions or limitations;
e) Using a contract/receipt that does not specify the time limit between the signing of the contract and the time of the delivery of the hearing instruments, when a deposit of $50 or more is given to a licensed hearing instrument dispenser/audiologist. The time limit shall not exceed 45 calendar days and shall be prominently displayed in 10-point type on the contract/receipt. If the hearing instruments are not available for delivery to the consumer/purchaser within 45 calendar days after the date that the contract/receipt was signed, the consumer/purchaser, in writing, shall be given the opportunity to have all of his/her money refunded, less the itemized cost of the examination and/or any custom-made parts already received by the licensed hearing instrument dispenser/audiologist that had been cost itemized on the contract/receipt when it was signed;
f) Representing that the service of a licensed physician will be used or made available in the fitting, adjustment, maintenance or repair of hearing instruments when that is not true, or using the words "doctor", "audiologist", "clinic", "Clinical Audiologist", "Certified Hearing Aid Audiologist", "State licensed", "State certified", "Hearing Care Professional", "Licensed Hearing Instrument Dispenser", "Licensed Hearing Aid Dispenser", "Board Certified Hearing Instrument Specialist", "Hearing Instrument Specialist", "Licensed Audiologist", or any other term, abbreviation or symbol that would give the impression that service is being provided by persons who are licensed or awarded a degree or title, or that the person's service who is holding the license has been recommended by a governmental agency or health provider, when such is not the case (Section 18(u) of the Act);
g) Failing to specify, in any money-back guarantee provision contained in a contract/receipt provided to the consumer for the sale of a hearing instrument, the duration of the guarantee and the maximum amount of time within which money will be refunded after a timely request for refund is made; failing to specify in the contract/receipt the procedure that must be followed to exercise one's rights under the guarantee; and failing to specify and itemize in dollar amounts any and all limitations or deductions that will be subtracted from a refund, including, but not limited to: testing fees, service charges, custom earmolds, or rental charges for wear and tear;
h) Cheating or dishonesty by an applicant on the examination, which be considered grounds for automatic failure and disciplinary action as specified in Section 18 of the Act;
i) Submitting a check to the Department or a consumer for payment of fees or a refund when there are insufficient funds in the account upon which the check is drawn to cover the amount of the check. The return of the check to the endorsee with the indication of insufficient funds is evidence that this violation has occurred;
j) Dispensing hearing instruments without liability insurance;
k) Assigning the financial note for a hearing instruments sale to a third party (i.e., finance company) prior to the expiration of the 30-business-day trial period; and
l) Failing or refusing to honor any valid three-day notice of cancellation on in-home sales by a consumer within 10 business days after the receipt of the cancellation notice (see Section 28 of the Consumer Fraud and Deceptive Practices Act [815 ILCS 505]).
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.510 Advertising or Promotion
a) Licensed hearing instrument dispensers/audiologists who possess a doctor's degree or possess any degree or title that contains the word "doctor" shall indicate, in any advertisement regarding their qualifications, the abbreviation for that degree or title and the area of study for which the degree or title "doctor" was given.
b) Licensed hearing instrument dispensers/audiologists advertising in the State of Illinois relative to hearing instruments shall indicate a company name, permanent business address (place of business), and telephone number in the advertisement.
c) Advertising a price for a "used" or "reconditioned" hearing instrument without indicating that the advertised price is for a "used" or "reconditioned" hearing instrument is prohibited.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
SUBPART F: DISCIPLINARY ACTIONS
Section 682.600 Administrative Hearings
All administrative hearings shall be conducted in accordance with Sections 18 and 21 of the Act and the Department's Practice and Procedures in Administrative Hearings. Final decisions by the Director relating to disciplinary proceedings shall be transmitted to the Attorney General, appropriate professional association, the news media, the employer of the person subject to the discipline, the hearing instrument licensure bodies and Attorneys General of states bordering the State of Illinois and the Hearing Aid Industry Council.
(Source: Amended at 35 Ill. Reg. 10312, effective June 17, 2011)
Section 682.610 Disciplinary Action
Disciplinary actions by the Department shall be in the following order of severity: letter of reprimand, probation, suspension of license, denial of license or revocation of license. The severity of the disciplinary action shall be determined by the number of violations which have occurred; previous disciplinary actions which have been taken against a licensed Hearing Instrument Dispenser; conviction of the licensed Hearing Instrument Dispenser, for felonies or misdemeanors involving fraud or dishonesty, especially those convictions which are related to Hearing Instrument dispensing; the effect of the violation on a consumer versus a non-consumer related violation; and the licensed Hearing Instrument Dispenser's degree of cooperation in resolving a complaint which is a violation. The Department, with the approval of the Board, may impose a fine not to exceed $1000 plus costs for the first violation and not to exceed $5000 plus costs for each subsequent violation of this Act, and the rules promulgated hereunder, on any person or entity described in this Act. Such fine may be imposed as an alternative to any other disciplinary measure, except for probation. The imposition by the Department of a fine for any violation does not bar the violation from being alleged in subsequent disciplinary proceedings. Such fine shall be deposited in the Fund. (Section 18 of the Act)
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
Section 682.620 Restoration of Revoked or Suspended Hearing Instrument Dispenser Licenses
Persons whose Hearing Instrument Dispenser Licenses have been suspended or revoked may petition the Board for restoration of the license.
a) The applicant shall specify the reasons for the restoration of the Hearing Instrument License.
b) The applicant shall affirm, by signature and date, that during the period that the Hearing Instrument License was revoked or suspended, the applicant has not pleaded nolo contendere or been convicted of a felony or misdemeanor under the laws of the United States, any state or territory; been disciplined by another governmental or professional association for actions which involve fraud or dishonesty; is not subject to any currently effective injunctive or restrictive order as a result of the aforementioned actions; and has not engaged in Hearing Instrument dispensing activities as described in Section 5 and Section 3(j) of the Act.
c) The Board and Department shall be guided in the restoration of the Hearing Instrument License, by the nature of the actions which caused the Hearing Instrument License to be suspended or revoked. The standards by which the Board shall be guided in its recommendation for the restoration of a Hearing Instrument License shall be as follows:
1) the number of violations which resulted in the revocation or suspension;
2) previous disciplinary actions which have been ordered against the petitioner;
3) conviction of the petitioner for felonies or misdemeanors involving fraud or dishonesty, during the period of revocation or suspension;
4) evidence of Hearing Instrument dispensing after Hearing Instrument License revocation or suspension;
5) the effect of the violations, which resulted in the suspension or revocation, on consumers; and
6) settlement of all consumer claims against the petitioner.
d) Falsification of any information provided to the Department or Board shall be grounds for refusal to restore the Hearing Instrument License, suspension or revocation of the Hearing Instrument License.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
SUBPART G: CONTINUING EDUCATION
Section 682.700 Continuing Education
The continuing education requirements under the Act are established by the Hearing Instrument Consumer Protection Board and located in the Hearing Aid Consumer Protection Continuing Education Requirements (77 Ill. Adm. Code 3000).
(Source: Amended at 26 Ill. Reg. 11995, effective July 22, 2002)
Section 682.APPENDIX A Application Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX B Supervision and Training Agreement Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX C License Authorization Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX D Certificate of Insurance (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX E Surety Penal Bond (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX F Inactive Status Request (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX G Registration of Hearing Aid Dispensers Employed by a Hearing Aid Corporation, Partnership, Trust, Association or Entity (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX H License Renewal Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX I Audiometer Calibration Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
Section 682.APPENDIX J License Correction Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)