SB0731 EnrolledLRB099 05939 MLM 25988 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.26 and by adding Section 4.36 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.
17    The Illinois Physical Therapy Act.
18    The Professional Geologist Licensing Act.
19(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
2096-1246, eff. 1-1-11.)
 
21    (5 ILCS 80/4.36 new)
22    Sec. 4.36. Act repealed on January 1, 2026. The following

 

 

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1Act is repealed on January 1, 2026:
2    The Hearing Instrument Consumer Protection Act.
 
3    Section 10. The Hearing Instrument Consumer Protection Act
4is amended by changing Sections 5, 8, 15, and 17 as follows:
 
5    (225 ILCS 50/5)  (from Ch. 111, par. 7405)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 5. License required. No person shall engage in the
8selling, practice of testing, fitting, selecting,
9recommending, adapting, dispensing, or servicing hearing
10instruments or display a sign, advertise, or represent oneself
11as a person who practices the fitting or selling of hearing
12instruments unless such person holds a current license issued
13by the Department as provided in this Act. Such person shall be
14known as a licensed hearing instrument dispenser. Individuals
15licensed pursuant to the provisions of Section 8 of this Act
16shall be deemed qualified to provide tests of human hearing and
17hearing instrument evaluations for the purpose of dispensing a
18hearing instrument for which any State agency may contract. The
19license shall be conspicuously displayed in the place of
20business. Duplicate licenses shall be issued by the Department
21to licensees operating more than one office upon the additional
22payment set forth in this Act. No hearing instrument
23manufacturer may distribute, sell, or otherwise provide
24hearing instruments to any unlicensed hearing care

 

 

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1professional for the purpose of selling hearing instruments to
2the consumer.
3    Except for violations of the provisions of this Act, or the
4rules promulgated under it, nothing in this Act shall prohibit
5a corporation, partnership, trust, association, or other
6entity from engaging in the business of testing, fitting,
7servicing, selecting, dispensing, selling, or offering for
8sale hearing instruments at retail without a license, provided
9it employs only licensed individuals in the direct testing,
10fitting, servicing, selecting, offering for sale, or
11dispensing of such products. Each such corporation,
12partnership, trust, association, or other entity shall file
13with the Department, prior to doing business in this State and
14by July 1 of each calendar year thereafter, on forms prescribed
15by the Department, a list of all licensed hearing instrument
16dispensers employed by it and a statement attesting that it
17complies with this Act and the rules promulgated under it and
18the regulations of the Federal Food and Drug Administration and
19the Federal Trade Commission insofar as they are applicable.
20(Source: P.A. 89-72, eff. 12-31-95; 90-655, eff. 7-30-98.)
 
21    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 8. Applicant qualifications; examination.
24    (a) In order to protect persons who are deaf or hard of
25hearing, the Department shall authorize or shall conduct an

 

 

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1appropriate examination, which may be the International
2Hearing Society's licensure examination, for persons who
3dispense, test, select, recommend, fit, or service hearing
4instruments. The frequency of holding these examinations shall
5be determined by the Department by rule. Those who successfully
6pass such an examination shall be issued a license as a hearing
7instrument dispenser, which shall be effective for a 2-year
8period.
9    (b) Applicants shall be:
10        (1) at least 18 years of age;
11        (2) of good moral character;
12        (3) the holder of an associate's degree or the
13    equivalent;
14        (4) free of contagious or infectious disease; and
15        (5) a citizen or person who has the status as a legal
16    alien.
17    Felony convictions of the applicant and findings against
18the applicant involving matters set forth in Sections 17 and 18
19shall be considered in determining moral character, but such a
20conviction or finding shall not make an applicant ineligible to
21register for examination.
22    (c) Prior to engaging in the practice of fitting,
23dispensing, or servicing hearing instruments, an applicant
24shall demonstrate, by means of written and practical
25examinations, that such person is qualified to practice the
26testing, selecting, recommending, fitting, selling, or

 

 

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1servicing of hearing instruments as defined in this Act. An
2applicant must obtain a license within 12 months after passing
3either the written or practical examination, whichever is
4passed first, or must take and pass those examinations again in
5order to be eligible to receive a license.
6    The Department shall, by rule, determine the conditions
7under which an individual is examined.
8    (d) Proof of having met the minimum requirements of
9continuing education as determined by the Board shall be
10required of all license renewals. Pursuant to rule, the
11continuing education requirements may, upon petition to the
12Board, be waived in whole or in part if the hearing instrument
13dispenser can demonstrate that he or she served in the Coast
14Guard or Armed Forces, had an extreme hardship, or obtained his
15or her license by examination or endorsement within the
16preceding renewal period.
17    (e) Persons applying for an initial license must
18demonstrate having earned, at a minimum, an associate degree or
19its equivalent from an accredited institution of higher
20education that is recognized by the U.S. Department of
21Education or that meets the U.S. Department of Education
22equivalency as determined through a National Association of
23Credential Evaluation Services (NACES) member, and meet the
24other requirements of this Section. In addition, the applicant
25must demonstrate the successful completion of 12 semester hours
26or 18 quarter hours of academic undergraduate course work in an

 

 

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1accredited institution consisting of 3 semester hours of
2anatomy and physiology of the speech and hearing mechanism, 3
3semester hours of hearing science, 3 semester hours of
4introduction to audiology, and 3 semester hours of aural
5rehabilitation, or the quarter hour equivalent. Persons
6licensed before January 1, 2003 who have a valid license on
7that date may have their license renewed without meeting the
8requirements of this subsection.
9(Source: P.A. 98-827, eff. 1-1-15.)
 
10    (225 ILCS 50/15)  (from Ch. 111, par. 7415)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 15. Fees.
13    (a) The examination and licensure fees paid to the
14Department are not refundable and shall be set forth by
15administrative rule. The Department may require a fee for the
16administration of the examination in addition to examination
17and licensure fees.
18    (b) The moneys received as fees and fines by the Department
19under this Act shall be deposited in the Hearing Instrument
20Dispenser Examining and Disciplinary Fund, which is hereby
21created as a special fund in the State Treasury, and shall be
22used only for the administration and enforcement of this Act,
23including: (1) costs directly related to licensing of persons
24under this Act; and (2) by the Board in the exercise of its
25powers and performance of its duties, and such use shall be

 

 

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1made by the Department with full consideration of all
2recommendations of the Board.
3    All moneys deposited in the Fund shall be appropriated to
4the Department for expenses of the Department and the Board in
5the administration and enforcement of this Act.
6    Moneys in the Fund may be invested and reinvested, with all
7earnings deposited in the Fund and used for the purposes set
8forth in this Act.
9    Upon the completion of any audit of the Department as
10prescribed by the Illinois State Auditing Act, which audit
11shall include an audit of the Fund, the Department shall make a
12copy of the audit open to inspection by any interested person,
13which copy shall be submitted to the Department by the Auditor
14General, in addition to the copies of audit reports required to
15be submitted to other State officers and agencies by Section
163-14 of the Illinois State Auditing Act.
17(Source: P.A. 96-683, eff. 1-1-10.)
 
18    (225 ILCS 50/17)  (from Ch. 111, par. 7417)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 17. Duties of the Board. The Board shall advise the
21Department in all matters relating to this Act and shall assist
22as requested by the Director.
23    The Board shall respond to issues and problems relating to
24the improvement of services to the deaf or hard of hearing and
25shall make such recommendations as it considers advisable. It

 

 

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1shall file an annual report with the Director and shall meet at
2least twice a year. The Board may meet at any time at the call
3of the chair.
4    The Board shall recommend specialized education programs
5for persons wishing to become licensed as hearing instrument
6dispensers and shall, by rule, establish minimum standards of
7continuing education required for license renewal. No more than
85 hours of continuing education credit per year, however, can
9be obtained through programs sponsored by hearing instrument
10manufacturers. A minimum of 2 hours of continuing education
11credit per licensing period must be obtained in Illinois law
12and ethics. Continuing education offered by a college,
13university, or bar association, the International Hearing
14Society, the American Academy of Audiology, the American
15Speech-Language-Hearing Association, the Illinois
16Speech-Language-Hearing Association, the Illinois Academy of
17Audiology, or the Illinois Hearing Society regarding Illinois
18law and ethics shall be accepted toward satisfaction of the
19Illinois law and ethics continuing education requirement.
20    The Board shall hear charges brought by any person against
21hearing instrument dispensers and shall recommend disciplinary
22action to the Director.
23    Members of the Board are immune from liability in any
24action based upon a licensing proceeding or other act performed
25in good faith as a member of the Board.
26(Source: P.A. 98-827, eff. 1-1-15.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.