Sen. William R. Haine
Filed: 4/22/2009
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1 | AMENDMENT TO HOUSE BILL 2443
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2 | AMENDMENT NO. ______. Amend House Bill 2443 on page 1, by | ||||||
3 | replacing line 5 with the following: | ||||||
4 | "is amended by changing Sections 8, 9, 11, 13, and 15 and by | ||||||
5 | adding Section 6.1 as follows:"; and | ||||||
6 | on page 1, immediately below line 5, by inserting the | ||||||
7 | following:
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8 | "(225 ILCS 50/8) (from Ch. 111, par. 7408)
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9 | (Section scheduled to be repealed on January 1, 2016)
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10 | Sec. 8. Applicant qualifications; examination.
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11 | (a) In order to protect persons with hearing impairments, | ||||||
12 | the Department
shall authorize or shall conduct an appropriate | ||||||
13 | examination for persons
who dispense, test, select, recommend, | ||||||
14 | fit, or service hearing
instruments. The frequency of holding | ||||||
15 | these examinations shall
be determined by the Department by | ||||||
16 | rule. Those
who successfully pass such an examination shall be |
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1 | issued a license
as a hearing instrument dispenser, which shall | ||||||
2 | be effective for
a 2-year period.
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3 | (b) Applicants shall be:
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4 | (1) at least 18 years of age;
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5 | (2) of good moral character;
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6 | (3) a high school graduate or the equivalent;
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7 | (4) free of contagious or infectious disease; and
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8 | (5) a citizen or person who has the status as a legal | ||||||
9 | alien.
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10 | Felony convictions of the applicant and findings against | ||||||
11 | the applicant
involving matters set forth in Sections 17 and 18 | ||||||
12 | shall be considered in
determining moral character, but such a | ||||||
13 | conviction or finding shall not make an
applicant ineligible to | ||||||
14 | register for examination.
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15 | (c) Prior to engaging in the practice of fitting, | ||||||
16 | dispensing, or servicing
hearing instruments, an applicant
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17 | shall demonstrate, by means of written
and practical | ||||||
18 | examinations, that such person is qualified to
practice the | ||||||
19 | testing, selecting, recommending, fitting, selling, or
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20 | servicing of hearing instruments as defined in this
Act. An | ||||||
21 | applicant who fails to obtain a license within 12
months after | ||||||
22 | passing both the written and practical examinations must take | ||||||
23 | and
pass those examinations again in order to be eligible to | ||||||
24 | receive a license.
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25 | The Department shall, by rule, determine the conditions | ||||||
26 | under which an
individual is examined.
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1 | (d) Proof of having met the minimum requirements of | ||||||
2 | continuing education
as determined by the Board shall be | ||||||
3 | required of all license renewals.
Pursuant to rule, the | ||||||
4 | continuing education requirements may, upon petition to
the | ||||||
5 | Board,
be waived in whole or in part if the hearing instrument | ||||||
6 | dispenser
can demonstrate
that he or she served in the Coast | ||||||
7 | Guard or Armed Forces, had an extreme
hardship, or obtained his | ||||||
8 | or her license by examination or
endorsement within
the | ||||||
9 | preceding renewal period.
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10 | (e) Persons Beginning January 1, 2003, persons applying for | ||||||
11 | an initial
license
must demonstrate having earned , at a | ||||||
12 | minimum, an associate degree or its equivalent from an
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13 | accredited institution of higher education that is recognized | ||||||
14 | by the U.S. Department of Education and meet the other | ||||||
15 | requirements of
this Section. In addition, the applicant must | ||||||
16 | demonstrate the successful
completion of 12 semester hours or | ||||||
17 | 18 quarter hours of academic undergraduate
course work in an | ||||||
18 | accredited institution consisting of 3 semester hours of
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19 | anatomy and physiology of the speech and hearing mechanism, 3 | ||||||
20 | semester hours of
hearing science, 3 semester hours of | ||||||
21 | introduction to audiology, and 3 semester
hours of aural | ||||||
22 | rehabilitation, or the quarter hour equivalent. Persons
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23 | licensed before January 1, 2003 who
have a valid license on | ||||||
24 | that date may have their license renewed
without meeting the | ||||||
25 | requirements of this subsection.
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26 | (Source: P.A. 91-932, eff. 1-1-01; 92-161, eff. 7-25-01 .)
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1 | (225 ILCS 50/9) (from Ch. 111, par. 7409)
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2 | (Section scheduled to be repealed on January 1, 2016)
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3 | Sec. 9. Areas of examination. The examination required by | ||||||
4 | Section 8
shall be set forth by rule and demonstrate the
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5 | applicant's technical qualifications by:
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6 | (a) Tests of knowledge in the following areas as they | ||||||
7 | pertain to the
testing, selecting, recommending, fitting,
and | ||||||
8 | selling of hearing instruments:
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9 | (1) characteristics of sound;
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10 | (2) the nature of the ear; and
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11 | (3) the function and maintenance of hearing | ||||||
12 | instruments.
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13 | (b) Practical tests of proficiency in the following | ||||||
14 | techniques as they
pertain to the fitting of hearing | ||||||
15 | instruments shall be prescribed by the Department, set forth by | ||||||
16 | rule, and include candidate qualifications in the following | ||||||
17 | areas: :
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18 | (1) pure tone audiometry including air conduction | ||||||
19 | testing and bone
conduction testing;
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20 | (2) live voice or recorded voice speech audiometry, | ||||||
21 | including speech
reception,
threshold testing and speech | ||||||
22 | discrimination testing;
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23 | (3) masking;
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24 | (4) proper selection and adaptation of a hearing | ||||||
25 | instrument;
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1 | (5) Taking earmold impressions;
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2 | (6) Proper maintenance procedures; and
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3 | (7) a general knowledge of the medical and physical | ||||||
4 | contra-indications
to the use and fitting of a hearing | ||||||
5 | instrument.
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6 | (c) Knowledge of the general medical and hearing | ||||||
7 | rehabilitation facilities
in the area being served.
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8 | (d) Knowledge of the provisions of this Act and the rules | ||||||
9 | promulgated
hereunder.
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10 | (Source: P.A. 89-72, eff. 12-31-95 .)
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11 | (225 ILCS 50/11) (from Ch. 111, par. 7411)
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12 | (Section scheduled to be repealed on January 1, 2016)
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13 | Sec. 11. Graduate audiology students.
Full-time graduate | ||||||
14 | students enrolled in a program of audiology in an
accredited
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15 | college or university may engage in the dispensing of hearing | ||||||
16 | instruments
as a part of an academic a program of audiology | ||||||
17 | without a license under
the supervision of a licensed | ||||||
18 | audiologist.
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19 | The supervisor and the supervisor's employer shall be | ||||||
20 | jointly and
severally liable for any acts of the student
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21 | relating to the practice of fitting or dispensing hearing | ||||||
22 | instruments as
defined
in this Act and the rules promulgated | ||||||
23 | hereunder.
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24 | (Source: P.A. 91-932, eff. 1-1-01 .)
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1 | (225 ILCS 50/13) (from Ch. 111, par. 7413)
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2 | (Section scheduled to be repealed on January 1, 2016)
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3 | Sec. 13. Expiration and renewal of licenses. The expiration | ||||||
4 | date and
renewal period for licenses shall be
set by rule. A | ||||||
5 | hearing instrument dispenser whose license has
expired may have | ||||||
6 | it reinstated within 2 years after the expiration
thereof, by | ||||||
7 | making a renewal application therefor, demonstrating | ||||||
8 | compliance
with all continuing education requirements, and by | ||||||
9 | paying the required fee.
However, any hearing instrument | ||||||
10 | dispenser whose license expired
while: (1) on active duty with | ||||||
11 | the Armed Forces of the United States, or the
State Militia | ||||||
12 | called into service or training, or (2) in training or | ||||||
13 | education
under the supervision of the United States
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14 | preliminary to induction into the military service, may have | ||||||
15 | the
license renewed, reinstated, or restored without paying any | ||||||
16 | lapsed
renewal fees if, within 2 years after honorable | ||||||
17 | termination of such
service, training, or education, except | ||||||
18 | under conditions other than
honorable, such person shall have | ||||||
19 | furnished the Department with
satisfactory evidence of being so | ||||||
20 | engaged and that the service, training or
education has been | ||||||
21 | terminated.
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22 | Pursuant to rule, a hearing instrument dispenser whose
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23 | license has expired and who has not practiced for at least 2 | ||||||
24 | years may have
such license restored by retaking and passing | ||||||
25 | the
examinations as required by Sections 8 and 9 and paying the | ||||||
26 | required fees.
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1 | (Source: P.A. 89-72, eff. 12-31-95 .)
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2 | (225 ILCS 50/15) (from Ch. 111, par. 7415)
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3 | (Section scheduled to be repealed on January 1, 2016)
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4 | Sec. 15. Fees.
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5 | (a) The examination and licensure following are fees paid | ||||||
6 | to the Department to be charged and are not refundable and | ||||||
7 | shall be set forth by administrative rule. :
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8 | (1) The fee for application for a license is $40.
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9 | (2) In addition to the application fee, applicants for | ||||||
10 | any examination
shall be required to pay, either to the | ||||||
11 | Department or to the designated
testing service, a fee | ||||||
12 | covering the actual cost of the examination. Failure
to | ||||||
13 | appear for the examination on the scheduled date, at the | ||||||
14 | time and place
specified, after the applicant's | ||||||
15 | application and fee for the examination
has been received | ||||||
16 | and acknowledged by the Department or the designated | ||||||
17 | testing
service, shall result in the forfeiture of the fee.
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18 | (3) The fee for a license shall be $115 per 2 year
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19 | licensure period, except that the fee for a license for a
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20 | person
obtaining his or her supervised professional | ||||||
21 | experience as required by
subsection (f) of Section 8 of | ||||||
22 | the Illinois Speech-Language Pathology and
Audiology | ||||||
23 | Practice Act shall be $60 per one year licensure period.
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24 | (4) The fee for the reinstatement of a license which | ||||||
25 | has been
expired for more than 90 days but less than 2 |
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1 | years is $50
plus payment of all lapsed renewal and late | ||||||
2 | fees.
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3 | (5) The fee for the restoration of a license which
has | ||||||
4 | been expired for
more than 2 years is $100 plus payment of | ||||||
5 | all lapsed renewal and late
fees.
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6 | (6) The fee for the issuance of a duplicate license,
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7 | for the issuance
of a replacement license which has been | ||||||
8 | lost or destroyed or for the
issuance of a license with a | ||||||
9 | change of name or address is $10. No fee is
required for | ||||||
10 | name and address changes
on Department records when no | ||||||
11 | duplicate license is issued.
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12 | (7) The fee for a licensee's record
for any purpose is | ||||||
13 | $10.
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14 | (8) The fee to have the scoring of an examination | ||||||
15 | administered by the
Department
reviewed and verified is | ||||||
16 | $10, plus any fee charged by the testing service.
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17 | (9) The fee for a wall license shall be the actual
cost | ||||||
18 | of such license.
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19 | (10) The fee for a roster of persons licensed as
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20 | hearing instrument dispensers
shall be the actual cost of | ||||||
21 | such roster.
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22 | (11) The annual fee for any organization registered | ||||||
23 | pursuant to
Section 6 is $100. Such fee is in addition to | ||||||
24 | all other fees
imposed under this Act.
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25 | (12) A late fee, which shall be in the same amount as | ||||||
26 | the license
renewal fee, shall be charged to a dispenser |
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1 | whose license
renewal fee
is received by the Department | ||||||
2 | after the expiration date of the license.
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3 | (13) Sponsors of continuing education courses shall | ||||||
4 | provide such
information as may be required by rule and | ||||||
5 | shall pay a fee of $150 per
course. However, courses | ||||||
6 | certified or approved for continuing education by
the | ||||||
7 | International Hearing Aid Society, the American Academy
of | ||||||
8 | Audiology, the Academy of Dispensing Audiologists, the | ||||||
9 | American
Speech-Language-Hearing
Association, or any other | ||||||
10 | national organization approved by the Board shall
be exempt | ||||||
11 | from such fee and compliance with such course
filing | ||||||
12 | requirements as specified by rule.
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13 | (b) The moneys received as fees and fines by the Department
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14 | under this Act shall be deposited in the Hearing Instrument
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15 | Dispenser Examining
and Disciplinary Fund, which is hereby | ||||||
16 | created as a
special fund in the
State Treasury, and shall be | ||||||
17 | used only for the administration and
enforcement of this Act,
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18 | including: (1) costs directly related to licensing of persons | ||||||
19 | under
this Act; and (2) by the Board in the exercise
of its | ||||||
20 | powers and performance of its duties, and such use shall be | ||||||
21 | made
by the Department with full consideration of all | ||||||
22 | recommendations of the Board.
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23 | All moneys deposited in the Fund shall be appropriated to | ||||||
24 | the Department
for expenses of the Department and the Board in | ||||||
25 | the administration and
enforcement of this Act.
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26 | Moneys in the Fund may
be invested and reinvested, with all |
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1 | earnings deposited in the
Fund and used for the purposes set | ||||||
2 | forth in this Act.
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3 | Upon the completion of any audit of the Department as | ||||||
4 | prescribed by the
Illinois State Auditing Act, which audit | ||||||
5 | shall include an audit of the Fund,
the Department
shall make a | ||||||
6 | copy of the audit open to inspection by any interested person,
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7 | which copy shall be submitted to the Department by the Auditor | ||||||
8 | General, in
addition to the copies of audit reports required to | ||||||
9 | be submitted to other
State officers and agencies by Section | ||||||
10 | 3-14 of the Illinois State Auditing Act.
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11 | (Source: P.A. 91-932, eff. 1-1-01 .)".
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