HB2444 Re-Enrolled

LRB096 07727 ASK 17828 b






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    AN ACT concerning regulation.

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



 
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    Section 5. The Hearing Instrument Consumer Protection Act 
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is amended  by changing Section 3 and  by adding Section 9.5 as 
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follows:
 



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    (225 ILCS 50/3)  (from Ch. 111, par. 7403)



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    (Section scheduled to be repealed on January 1, 2016)

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    Sec. 3. Definitions. As used in this Act, except as the 
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context
requires otherwise:

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    "Department" means the Department of Public Health.

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    "Director" means the Director of the Department of Public 
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Health.

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    "License" means a license
issued by the State under this

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Act to a hearing instrument dispenser.

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    "Licensed Audiologist" means a person
licensed
as an 
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audiologist under the Illinois Speech-Language Pathology and 
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Audiology
Practice Act.

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    "National Board Certified Hearing Instrument
Specialist" 
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means a person
who has had at least 2 years in practice as a 
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licensed hearing
instrument dispenser and has
been certified 
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after qualification by examination by the National Board for

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Certification in Hearing Instruments Sciences.

 


 






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    "Licensed physician" or "physician" means a physician 
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licensed
in Illinois to
practice medicine in all of its 
3
branches.

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    "Trainee" means a person who is licensed to perform the 
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functions of a hearing instrument dispenser in accordance with 
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the Department rules and only under the direct supervision of a 
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hearing instrument dispenser or audiologist who is licensed in 
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the State. 
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    "Board" means the Hearing Instrument Consumer Protection

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Board.

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    "Hearing instrument" or "hearing aid" means any instrument 
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or
device
designed, intended,
or offered for the purpose of 
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improving a person's hearing and any parts,
attachments,
or

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accessories, including earmold.
Batteries, cords, and 
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individual or group auditory training devices and any

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instrument or device used by a public utility in providing 
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telephone or
other communication services are excluded.

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    "Practice of fitting, dispensing, or servicing of hearing

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instruments" means
the measurement of human hearing with an

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audiometer, calibrated to
the current American National 
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Standard Institute standards, for the
purpose of making 
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selections, recommendations, adaptions, services, or sales of

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hearing instruments including the making of earmolds as a part 
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of the hearing
instrument.

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    "Sell" or "sale" means any transfer of title or of the 
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right to use
by lease, bailment, or any other contract, 
 


 






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excluding wholesale transactions
with distributors or dealers.

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    "Hearing instrument dispenser" means a person who
is a 
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hearing care professional that engages
in the selling,
practice 
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of fitting, selecting, recommending, dispensing, or servicing

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of hearing instruments or the testing for means of hearing

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instrument selection or who
advertises or displays a sign or 
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represents himself or herself as a person
who
practices the 
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testing, fitting, selecting, servicing, dispensing,
or selling 
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of hearing instruments.

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    "Fund" means the Hearing Instrument Dispenser Examining

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and Disciplinary Fund.

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    "Hearing Care Professional" means a person who is a 
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licensed
audiologist, a licensed hearing instrument dispenser, 
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or a licensed
physician.

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(Source: P.A. 89-72, eff. 12-31-95.)

 
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    (225 ILCS 50/9.5  new)
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    (Section scheduled to be repealed on January 1, 2016)
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    Sec. 9.5. Trainees. 
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    (a) In order to receive a trainee license, a person must 
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apply to the Department and provide acceptable evidence of his 
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or her completion of the required courses pursuant to 
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subsection (e) of Section 8 of this Act, or its equivalent as 
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determined by the Department. A trainee license expires 6 
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months from the date of issue and is non-renewable. 
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    (b) A trainee shall perform the functions of a hearing 
 


 






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instrument dispenser in accordance with the Department rules 
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and only under the direct supervision of a hearing instrument 
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dispenser or audiologist who is licensed in the State. For the 
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purposes of this Section, "direct supervision" means that  the 
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licensed hearing instrument dispenser or audiologist shall 
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give final approval to all work performed by the trainee and 
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shall be physically present anytime the trainee has contact 
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with the client. The licensed hearing instrument dispenser or 
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audiologist is responsible for all of the work that is 
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performed by the trainee.
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    (c) The Department may limit the number of trainees that 
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may be under the direct supervision of the same licensed 
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hearing instrument dispenser or licensed audiologist.


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    (d) The Department may establish a trainee licensing fee by 
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rule.