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1 | AN ACT concerning regulation. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Hearing Instrument Consumer Protection Act | ||||||
5 | is amended by changing Section 3, 4, 4.6, 5, 6, and 9 as | ||||||
6 | follows: | ||||||
7 | (225 ILCS 50/3) (from Ch. 111, par. 7403) | ||||||
8 | (Text of Section before amendment by P.A. 103-495 ) | ||||||
9 | (Section scheduled to be repealed on January 1, 2026) | ||||||
10 | Sec. 3. Definitions. As used in this Act, except as the | ||||||
11 | context requires otherwise: | ||||||
12 | "Department" means the Department of Public Health. | ||||||
13 | "Director" means the Director of the Department of Public | ||||||
14 | Health. | ||||||
15 | "License" means a license issued by the State under this | ||||||
16 | Act to a hearing instrument dispenser. | ||||||
17 | "Licensed audiologist" means a person licensed as an | ||||||
18 | audiologist under the Illinois Speech-Language Pathology and | ||||||
19 | Audiology Practice Act. | ||||||
20 | "National Board Certified Hearing Instrument Specialist" | ||||||
21 | means a person who has had at least 2 years in practice as a | ||||||
22 | licensed hearing instrument dispenser and has been certified | ||||||
23 | after qualification by examination by the National Board for |
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1 | Certification in Hearing Instruments Sciences. | ||||||
2 | "Licensed physician" or "physician" means a physician | ||||||
3 | licensed in Illinois to practice medicine in all of its | ||||||
4 | branches pursuant to the Medical Practice Act of 1987. | ||||||
5 | "Trainee" means a person who is licensed to perform the | ||||||
6 | functions of a hearing instrument dispenser in accordance with | ||||||
7 | the Department rules and only under the direct supervision of | ||||||
8 | a hearing instrument dispenser or audiologist who is licensed | ||||||
9 | in the State. | ||||||
10 | "Board" means the Hearing Instrument Consumer Protection | ||||||
11 | Board. | ||||||
12 | "Hearing instrument" or "hearing aid" means any wearable | ||||||
13 | instrument or device designed for or offered for the purpose | ||||||
14 | of aiding or compensating for impaired human hearing and that | ||||||
15 | can provide more than 15 dB full on gain via a 2cc coupler at | ||||||
16 | any single frequency from 200 through 6000 cycles per second, | ||||||
17 | and any parts, attachments, or accessories, including ear | ||||||
18 | molds. "Hearing instrument" or "hearing aid" do not include | ||||||
19 | batteries, cords, or group auditory training devices and any | ||||||
20 | instrument or device used by a public utility in providing | ||||||
21 | telephone or other communication services are excluded. | ||||||
22 | "Practice of fitting, dispensing, or servicing of hearing | ||||||
23 | instruments" means the measurement of human hearing with an | ||||||
24 | audiometer, calibrated to the current American National | ||||||
25 | Standard Institute standards, for the purpose of making | ||||||
26 | selections, recommendations, adaptions, services, or sales of |
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1 | hearing instruments including the making of earmolds as a part | ||||||
2 | of the hearing instrument. | ||||||
3 | "Sell" or "sale" means any transfer of title or of the | ||||||
4 | right to use by lease, bailment, or any other contract, | ||||||
5 | excluding wholesale transactions with distributors or dealers. | ||||||
6 | "Hearing instrument dispenser" means a person who is a | ||||||
7 | hearing care professional that engages in the selling, | ||||||
8 | practice of fitting, selecting, recommending, dispensing, or | ||||||
9 | servicing of hearing instruments or the testing for means of | ||||||
10 | hearing instrument selection or who advertises or displays a | ||||||
11 | sign or represents himself or herself as a person who | ||||||
12 | practices the testing, fitting, selecting, servicing, | ||||||
13 | dispensing, or selling of hearing instruments. | ||||||
14 | "Fund" means the Hearing Instrument Dispenser Examining | ||||||
15 | and Disciplinary Fund. | ||||||
16 | "Hearing care professional" means a person who is a | ||||||
17 | licensed audiologist, a licensed hearing instrument dispenser, | ||||||
18 | or a licensed physician. | ||||||
19 | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .) | ||||||
20 | (Text of Section after amendment by P.A. 103-495 ) | ||||||
21 | (Section scheduled to be repealed on January 1, 2026) | ||||||
22 | Sec. 3. Definitions. As used in this Act, except as the | ||||||
23 | context requires otherwise: | ||||||
24 | "Department" means the Department of Public Health. | ||||||
25 | "Director" means the Director of the Department of Public |
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1 | Health. | ||||||
2 | "Direct supervision" means the final approval given by the | ||||||
3 | licensed hearing instrument professional to all work performed | ||||||
4 | by the person under supervision and that the licensed hearing | ||||||
5 | instrument professional is physically present in the facility | ||||||
6 | any time the person under supervision has contact with a | ||||||
7 | client. "Direct supervision" does not mean that the licensed | ||||||
8 | hearing instrument professional is in the same room when the | ||||||
9 | person under supervision has contact with the client. | ||||||
10 | "Federal Trade Commission" means the United States federal | ||||||
11 | agency which regulates business practices and commerce. | ||||||
12 | "Food and Drug Administration" means the United States | ||||||
13 | federal agency which regulates hearing instruments or hearing | ||||||
14 | aids as medical devices. | ||||||
15 | "License" means a license issued by the State under this | ||||||
16 | Act to a hearing instrument dispenser. | ||||||
17 | "Licensed audiologist" means a person licensed as an | ||||||
18 | audiologist under the Illinois Speech-Language Pathology and | ||||||
19 | Audiology Practice Act and who can prescribe hearing aids in | ||||||
20 | accordance with this Act. | ||||||
21 | "National Board Certified Hearing Instrument Specialist" | ||||||
22 | means a person who has had at least 2 years in practice as a | ||||||
23 | licensed hearing instrument dispenser and has been certified | ||||||
24 | after qualification by examination by the National Board for | ||||||
25 | Certification in Hearing Instruments Sciences. | ||||||
26 | "Licensed physician" or "physician" means a physician |
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1 | licensed in Illinois to practice medicine in all of its | ||||||
2 | branches pursuant to the Medical Practice Act of 1987. | ||||||
3 | "Trainee" means a person who is licensed to perform the | ||||||
4 | functions of a hearing instrument dispenser or audiologist in | ||||||
5 | accordance with the Department rules and only under the direct | ||||||
6 | supervision of a hearing instrument dispenser or audiologist | ||||||
7 | who is licensed in the State. | ||||||
8 | "Board" means the Hearing Instrument Consumer Protection | ||||||
9 | Board. | ||||||
10 | "Hearing instrument" or "hearing aid" means any instrument | ||||||
11 | or device, including an instrument or device dispensed | ||||||
12 | pursuant to a prescription, that is designed, intended, or | ||||||
13 | offered for the purpose of improving a person's hearing and | ||||||
14 | any parts, attachments, or accessories, including earmolds. | ||||||
15 | "Hearing instrument" or "hearing aid" does not include | ||||||
16 | batteries, cords, and individual or group auditory training | ||||||
17 | devices and any instrument or device used by a public utility | ||||||
18 | in providing telephone or other communication services. | ||||||
19 | "Involvement of a licensed hearing professional person " | ||||||
20 | refers to the supervision supervisor , prescription or other | ||||||
21 | order , involvement , or interaction by a licensed hearing | ||||||
22 | instrument professional. | ||||||
23 | "Practice of prescribing, fitting, dispensing, or | ||||||
24 | servicing of prescription hearing aids" means the measurement | ||||||
25 | of human hearing with an audiometer, calibrated to the current | ||||||
26 | American National Standard Institute standards, for the |
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1 | purpose of prescribing hearing aids and making selections, | ||||||
2 | recommendations, adaptions, services, or sales of hearing aids | ||||||
3 | including the making of earmolds as a part of the hearing aid. | ||||||
4 | "Sell" or "sale" means any transfer of title or of the | ||||||
5 | right to use by lease, bailment, or any other contract, | ||||||
6 | excluding wholesale transactions with distributors or dealers. | ||||||
7 | "Hearing instrument dispenser" means a person who is a | ||||||
8 | hearing instrument professional that engages in the selling, | ||||||
9 | practice of fitting, selecting, recommending, dispensing, | ||||||
10 | prescribing, or servicing of prescription hearing aids or the | ||||||
11 | testing for means of hearing aid selection or who advertises | ||||||
12 | or displays a sign or represents himself or herself as a person | ||||||
13 | who practices the testing, fitting, selecting, servicing, | ||||||
14 | dispensing, prescribing, or selling of prescription hearing | ||||||
15 | aids. | ||||||
16 | "Fund" means the Hearing Instrument Dispenser Examining | ||||||
17 | and Disciplinary Fund. | ||||||
18 | "Hearing instrument professional" means a person who is a | ||||||
19 | licensed audiologist, a licensed hearing instrument dispenser, | ||||||
20 | or a licensed physician. | ||||||
21 | "Over-the-counter hearing aid" means any instrument or | ||||||
22 | device that: | ||||||
23 | (1) uses the same fundamental scientific technology as | ||||||
24 | air conduction hearing aids, as defined in 21 CFR | ||||||
25 | 874.3300, or wireless air conduction hearing aids, as | ||||||
26 | defined in 21 CFR 874.3305; |
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1 | (2) is intended to be used by adults age 18 and older | ||||||
2 | to compensate for perceived mild to moderate hearing | ||||||
3 | impairment; | ||||||
4 | (3) through tools, tests, or software, allows the user | ||||||
5 | to control the over-the-counter hearing aid and customize | ||||||
6 | it to the user's hearing needs; | ||||||
7 | (4) may use wireless technology or include tests for | ||||||
8 | self-assessment of hearing loss; and | ||||||
9 | (5) is available over-the-counter, without the | ||||||
10 | supervision, prescription, or other order, involvement, or | ||||||
11 | intervention of a licensed person, to consumers through | ||||||
12 | in-person transactions, by mail, or online. | ||||||
13 | "Over-the-counter hearing aid" does not include batteries, | ||||||
14 | cords, and individual or group auditory training devices or | ||||||
15 | any instrument or device used by a public utility in providing | ||||||
16 | telephone or other communication services. | ||||||
17 | "Personal sound amplification product" means an | ||||||
18 | amplification device, as defined by the Food and Drug | ||||||
19 | Administration or the Federal Trade Commission, that is not | ||||||
20 | labeled as a hearing aid and is not intended to treat hearing | ||||||
21 | loss. | ||||||
22 | "Prescribe" means an order for a prescription hearing aid | ||||||
23 | issued by a licensed hearing instrument professional. | ||||||
24 | "Prescription hearing aid" means any wearable instrument | ||||||
25 | or device designed, intended, or offered for the purpose of | ||||||
26 | improving a person's hearing that may only be obtained with |
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1 | the involvement of a licensed hearing instrument professional. | ||||||
2 | (Source: P.A. 103-495, eff. 1-1-24.) | ||||||
3 | (225 ILCS 50/4) (from Ch. 111, par. 7404) | ||||||
4 | (Text of Section before amendment by P.A. 103-495 ) | ||||||
5 | (Section scheduled to be repealed on January 1, 2026) | ||||||
6 | Sec. 4. Disclosure; waiver; complaints; insurance. The | ||||||
7 | hearing instrument dispenser shall give at no charge to every | ||||||
8 | person fitted and sold a hearing instrument the "User | ||||||
9 | Instructional Brochure", supplied by the hearing instrument | ||||||
10 | manufacturer containing information required by the U.S. Food | ||||||
11 | and Drug Administration. | ||||||
12 | Whenever a sale or service of one or more hearing | ||||||
13 | instrument involving $50 or more is made or contracted to be | ||||||
14 | made, whether under a single contract or under multiple | ||||||
15 | contracts, at the time of the transaction, the hearing | ||||||
16 | instrument dispenser shall furnish the consumer with a fully | ||||||
17 | completed receipt or contract pertaining to that transaction, | ||||||
18 | in substantially the same language as that used in the oral | ||||||
19 | presentation to the consumer. The receipt or contract provided | ||||||
20 | to the consumer shall contain the dispenser's name, license | ||||||
21 | number, business address, business phone number, and | ||||||
22 | signature; the name, address, and signature of the hearing | ||||||
23 | instrument consumer; and the name and signature of the | ||||||
24 | purchaser if the consumer and the purchaser are not the same; | ||||||
25 | the hearing instrument manufacturer's name, and the model and |
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1 | serial numbers; the date of purchase; and the charges required | ||||||
2 | to complete the terms of the sale fully and clearly stated. | ||||||
3 | When the hearing instrument is delivered to the consumer or | ||||||
4 | purchaser, the serial number shall be written on the original | ||||||
5 | receipt or contract and a copy shall be given to the consumer | ||||||
6 | or purchaser. If a used hearing instrument is sold, the | ||||||
7 | receipt and the container thereof shall be clearly marked as | ||||||
8 | "used" or "reconditioned", whichever is applicable, with terms | ||||||
9 | of guarantee, if any. | ||||||
10 | All hearing instruments offered for sale must be | ||||||
11 | accompanied by a 30-business day return privilege. The receipt | ||||||
12 | or contract provided to the consumer shall state that the | ||||||
13 | consumer has a right to return the hearing instrument for a | ||||||
14 | refund within 30 business days of the date of delivery. If a | ||||||
15 | nonrefundable dispensing fee or restocking fee, or both, will | ||||||
16 | be withheld from the consumer in event of return, the terms | ||||||
17 | must be clearly stated on the receipt or contract provided to | ||||||
18 | the consumer. | ||||||
19 | A hearing instrument dispenser shall not sell a hearing | ||||||
20 | instrument unless the prospective user has presented to the | ||||||
21 | hearing instrument dispenser a written statement, signed by a | ||||||
22 | licensed physician, which states that the patient's hearing | ||||||
23 | loss has been medically evaluated and the patient is | ||||||
24 | considered a candidate for a hearing instrument. The medical | ||||||
25 | evaluation must have taken place within the 6 months | ||||||
26 | immediately preceding the date of the sale of the hearing |
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1 | instrument to the prospective hearing instrument user. If the | ||||||
2 | prospective hearing instrument user is 18 years of age or | ||||||
3 | older, the hearing instrument dispenser may afford the | ||||||
4 | prospective user an opportunity to waive the medical | ||||||
5 | evaluation required by this Section, provided that the hearing | ||||||
6 | instrument dispenser: | ||||||
7 | (i) Informs the prospective user that the exercise of | ||||||
8 | a waiver is not in the user's best health interest; | ||||||
9 | (ii) Does not in any way actively encourage the | ||||||
10 | prospective user to waive the medical evaluation; and | ||||||
11 | (iii) Affords the prospective user the option to sign | ||||||
12 | the following statement: | ||||||
13 | "I have been advised by .................(hearing | ||||||
14 | instrument dispenser's name) that the Food and Drug | ||||||
15 | Administration has determined that my best interest | ||||||
16 | would be served if I had a medical evaluation by a | ||||||
17 | licensed physician (preferably a physician who | ||||||
18 | specializes in diseases of the ear) before purchasing | ||||||
19 | a hearing instrument. I do not wish a medical | ||||||
20 | evaluation before purchasing a hearing instrument." | ||||||
21 | The hearing instrument dispenser or his or her employer | ||||||
22 | shall retain proof of the medical examination or the waiver | ||||||
23 | for at least 3 years from the date of the sale. | ||||||
24 | If the parent or guardian of any individual under the age | ||||||
25 | of 18 years is a member of any church or religious | ||||||
26 | denomination, whose tenets and practices include reliance upon |
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1 | spiritual means through prayer alone and objects to medical | ||||||
2 | treatment and so states in writing to the hearing instrument | ||||||
3 | dispenser, such individual shall undergo a hearing examination | ||||||
4 | as provided by this Section but no proof, ruling out any | ||||||
5 | medically treatable problem causing hearing loss, shall be | ||||||
6 | required. | ||||||
7 | All persons licensed under this Act shall have | ||||||
8 | conspicuously displayed in their business establishment a sign | ||||||
9 | indicating that formal complaints regarding hearing instrument | ||||||
10 | goods or services may be made to the Department. Such sign | ||||||
11 | shall give the address and telephone number of the Department. | ||||||
12 | All persons purchasing hearing instruments shall be provided | ||||||
13 | with a written statement indicating that formal complaints | ||||||
14 | regarding hearing instrument goods or services may be made to | ||||||
15 | the Department and disclosing the address and telephone number | ||||||
16 | of the Department. | ||||||
17 | Any person wishing to make a complaint, against a hearing | ||||||
18 | instrument dispenser under this Act, shall file it with the | ||||||
19 | Department within 3 years from the date of the action upon | ||||||
20 | which the complaint is based. The Department shall investigate | ||||||
21 | all such complaints. | ||||||
22 | All persons licensed under this Act shall maintain | ||||||
23 | liability insurance as set forth by rule and shall be | ||||||
24 | responsible for the annual calibration of all audiometers in | ||||||
25 | use by such persons. Such annual calibrations shall be in | ||||||
26 | conformance with the current standards set by American |
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| |||||||
1 | National Standard Institute. | ||||||
2 | (Source: P.A. 91-932, eff. 1-1-01 .) | ||||||
3 | (Text of Section after amendment by P.A. 103-495 ) | ||||||
4 | (Section scheduled to be repealed on January 1, 2026) | ||||||
5 | Sec. 4. Disclosure; complaints; insurance. The hearing | ||||||
6 | instrument professional shall give at no charge to every | ||||||
7 | person fitted and sold a hearing aid the "User Instructional | ||||||
8 | Brochure", supplied by the hearing aid manufacturer containing | ||||||
9 | information required by the U.S. Food and Drug Administration. | ||||||
10 | All hearing instruments or hearing aids must be dispensed | ||||||
11 | or sold in accordance with Food and Drug Administration and | ||||||
12 | Federal Trade Commission regulations governing the dispensing | ||||||
13 | and sale of personal sound amplification products or hearing | ||||||
14 | aids. | ||||||
15 | A consumer who purchases an over-the-counter hearing aid | ||||||
16 | must be provided a sales receipt at the time of the | ||||||
17 | transaction. | ||||||
18 | Whenever a sale of one or more prescription hearing aids | ||||||
19 | involving $50 or more is made or contracted to be made, whether | ||||||
20 | under a single contract or under multiple contracts, at the | ||||||
21 | time of the transaction, the hearing instrument professional | ||||||
22 | shall furnish the consumer with a fully completed receipt or | ||||||
23 | contract pertaining to that transaction, in substantially the | ||||||
24 | same language as that used in the oral presentation to the | ||||||
25 | consumer. The receipt or contract provided to the consumer |
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1 | shall contain (i) the hearing instrument professional's name, | ||||||
2 | license number, business address, business phone number, and | ||||||
3 | signature; (ii) the name, address, and signature of the | ||||||
4 | hearing instrument consumer; (iii) the name and signature of | ||||||
5 | the purchaser if the consumer and the purchaser are not the | ||||||
6 | same person; (iv) the hearing aid manufacturer's name, and the | ||||||
7 | model and serial numbers; (v) the date of purchase; and (vi) | ||||||
8 | the charges required to complete the terms of the sale, which | ||||||
9 | must be fully and clearly stated. When the hearing aid is | ||||||
10 | delivered to the consumer or purchaser, the serial number | ||||||
11 | shall be written on the original receipt or contract and a copy | ||||||
12 | shall be given to the consumer or purchaser. If a used hearing | ||||||
13 | instrument is sold, the receipt and the container thereof | ||||||
14 | shall be clearly marked as "used" or "reconditioned", | ||||||
15 | whichever is applicable, with terms of guarantee, if any. | ||||||
16 | The hearing instrument professional or the professional's | ||||||
17 | employer shall retain proof of the medical examination for at | ||||||
18 | least 3 years from the date of the sale. | ||||||
19 | All hearing instruments offered for sale must be | ||||||
20 | accompanied by a 30-business day return privilege. The receipt | ||||||
21 | or contract provided to the consumer shall state that the | ||||||
22 | consumer has a right to return the hearing instrument for a | ||||||
23 | refund within 30 business days of the date of delivery. If a | ||||||
24 | nonrefundable dispensing fee or restocking fee, or both, will | ||||||
25 | be withheld from the consumer in event of return, the terms | ||||||
26 | must be clearly stated on the receipt or contract provided to |
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1 | the consumer. For purposes of this paragraph, "business day" | ||||||
2 | means any calendar day except Saturday, Sunday, or a federal | ||||||
3 | holiday. | ||||||
4 | If the parent or guardian of any individual age 17 or under | ||||||
5 | is a member of any church or religious denomination, whose | ||||||
6 | tenets and practices include reliance upon spiritual means | ||||||
7 | through prayer alone and objects to medical treatment and so | ||||||
8 | states in writing to the hearing instrument professional, such | ||||||
9 | individual shall undergo a hearing examination as provided by | ||||||
10 | this Section but no proof, ruling out any medically treatable | ||||||
11 | problem causing hearing loss, shall be required. | ||||||
12 | All persons licensed under this Act shall have | ||||||
13 | conspicuously displayed in their business establishment a sign | ||||||
14 | indicating that formal complaints regarding hearing aid goods | ||||||
15 | or services may be made to the Department. Such sign shall give | ||||||
16 | the address and telephone number of the Department. All | ||||||
17 | persons purchasing hearing aids shall be provided with a | ||||||
18 | written statement indicating that formal complaints regarding | ||||||
19 | hearing aid goods or services may be made to the Department and | ||||||
20 | disclosing the address and telephone number of the Department. | ||||||
21 | Any person wishing to make a complaint , against a hearing | ||||||
22 | instrument professional under this Act , shall file it with the | ||||||
23 | Department within 3 years from the date of the action upon | ||||||
24 | which the complaint is based. The Department shall investigate | ||||||
25 | all such complaints. | ||||||
26 | All persons licensed under this Act shall maintain |
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1 | liability insurance as set forth by rule and shall be | ||||||
2 | responsible for the annual calibration of all audiometers in | ||||||
3 | use by such persons. Such annual calibrations shall be in | ||||||
4 | conformance with the current standards set by American | ||||||
5 | National Standard Institute. | ||||||
6 | (Source: P.A. 103-495, eff. 1-1-24.) | ||||||
7 | (225 ILCS 50/4.6) | ||||||
8 | (This Section may contain text from a Public Act with a | ||||||
9 | delayed effective date ) | ||||||
10 | (Section scheduled to be repealed on January 1, 2026) | ||||||
11 | Sec. 4.6. Prescription hearing aids for persons age 18 or | ||||||
12 | older. | ||||||
13 | (a) A hearing instrument professional may dispense a | ||||||
14 | hearing aid to a person age 18 or older in accordance with the | ||||||
15 | requirements of this Section. | ||||||
16 | (b) A person age 18 or older must be evaluated by a hearing | ||||||
17 | instrument professional in person or via telehealth before | ||||||
18 | receiving a prescription for a hearing aid. A person age 18 or | ||||||
19 | older may not waive evaluation by a hearing instrument | ||||||
20 | professional unless he or she is replacing a lost or stolen | ||||||
21 | hearing aid that is subject to warranty replacement. | ||||||
22 | (c) A hearing instrument professional shall not sell | ||||||
23 | prescription hearing aid to anyone age 18 or older if the | ||||||
24 | prospective user had a negative finding on the Consumer Ear | ||||||
25 | Disease Risk Assessment or a similar standardized assessment. |
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1 | The prospective user who had a negative finding on the | ||||||
2 | Consumer Ear Disease Risk Assessment or similar standardized | ||||||
3 | assessment shall present to the hearing instrument | ||||||
4 | professional a written statement, signed by a licensed | ||||||
5 | physician, which states that the patient's hearing loss has | ||||||
6 | been medically evaluated and the patient is considered a | ||||||
7 | candidate for a prescription hearing aid. The medical | ||||||
8 | evaluation must have been performed within the 12 months | ||||||
9 | immediately preceding the date of the sale of the hearing aid | ||||||
10 | to the prospective hearing aid user. | ||||||
11 | (d) A hearing aid prescription for individuals age 18 or | ||||||
12 | older must include, at a minimum, the following information: | ||||||
13 | (1) name of the patient; | ||||||
14 | (2) date the prescription is issued; | ||||||
15 | (3) expiration date of the prescription, which may not | ||||||
16 | exceed one year from the date of issuance; | ||||||
17 | (4) name and license number of the prescribing hearing | ||||||
18 | instrument professional; | ||||||
19 | (5) results of the following assessments: | ||||||
20 | (A) hearing handicap inventory or similar | ||||||
21 | standardized, evidence-based tool; | ||||||
22 | (B) pure-tone air conduction audiometry; | ||||||
23 | (C) bone conduction testing or consumer ear | ||||||
24 | disease risk assessment or a similar standardized | ||||||
25 | evidence-based tool; | ||||||
26 | (D) recorded speech in quiet, as medically |
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1 | appropriate; | ||||||
2 | (E) recorded speech or digits in noise, as | ||||||
3 | medically medical appropriate; | ||||||
4 | (6) documentation of type and style of hearing aid; | ||||||
5 | and | ||||||
6 | (7) documentation of medical necessity of the | ||||||
7 | recommended features of a hearing aid. | ||||||
8 | (Source: P.A. 103-495, eff. 1-1-24.) | ||||||
9 | (225 ILCS 50/5) (from Ch. 111, par. 7405) | ||||||
10 | (Text of Section before amendment by P.A. 103-495 ) | ||||||
11 | (Section scheduled to be repealed on January 1, 2026) | ||||||
12 | Sec. 5. License required. No person shall engage in the | ||||||
13 | selling, practice of testing, fitting, selecting, | ||||||
14 | recommending, adapting, dispensing, or servicing hearing | ||||||
15 | instruments or display a sign, advertise, or represent oneself | ||||||
16 | as a person who practices the fitting or selling of hearing | ||||||
17 | instruments unless such person holds a current license issued | ||||||
18 | by the Department as provided in this Act. Such person shall be | ||||||
19 | known as a licensed hearing instrument dispenser. Individuals | ||||||
20 | licensed pursuant to the provisions of Section 8 of this Act | ||||||
21 | shall be deemed qualified to provide tests of human hearing | ||||||
22 | and hearing instrument evaluations for the purpose of | ||||||
23 | dispensing a hearing instrument for which any State agency may | ||||||
24 | contract. The license shall be conspicuously displayed in the | ||||||
25 | place of business. Duplicate licenses shall be issued by the |
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1 | Department to licensees operating more than one office upon | ||||||
2 | the additional payment set forth in this Act. No hearing | ||||||
3 | instrument manufacturer may distribute, sell, or otherwise | ||||||
4 | provide hearing instruments to any unlicensed hearing care | ||||||
5 | professional for the purpose of selling hearing instruments to | ||||||
6 | the consumer. | ||||||
7 | Except for violations of the provisions of this Act, or | ||||||
8 | the rules promulgated under it, nothing in this Act shall | ||||||
9 | prohibit a corporation, partnership, trust, association, or | ||||||
10 | other entity from engaging in the business of testing, | ||||||
11 | fitting, servicing, selecting, dispensing, selling, or | ||||||
12 | offering for sale hearing instruments at retail without a | ||||||
13 | license, provided it employs only licensed individuals in the | ||||||
14 | direct testing, fitting, servicing, selecting, offering for | ||||||
15 | sale, or dispensing of such products. Each such corporation, | ||||||
16 | partnership, trust, association, or other entity shall file | ||||||
17 | with the Department, prior to doing business in this State and | ||||||
18 | by July 1 of each calendar year thereafter, on forms | ||||||
19 | prescribed by the Department, a list of all licensed hearing | ||||||
20 | instrument dispensers employed by it and a statement attesting | ||||||
21 | that it complies with this Act and the rules promulgated under | ||||||
22 | it and the regulations of the Federal Food and Drug | ||||||
23 | Administration and the Federal Trade Commission insofar as | ||||||
24 | they are applicable. | ||||||
25 | (Source: P.A. 99-204, eff. 7-30-15.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 103-495 ) | ||||||
2 | (Section scheduled to be repealed on January 1, 2026) | ||||||
3 | Sec. 5. License required. No person shall engage in the | ||||||
4 | selling, practice of testing, fitting, selecting, | ||||||
5 | recommending, adapting, dispensing, or servicing hearing aids | ||||||
6 | or display a sign, advertise, or represent oneself as a person | ||||||
7 | who practices the fitting or selling of hearing aids unless | ||||||
8 | such person holds a current license issued by the Department | ||||||
9 | as provided in this Act. Such person shall be known as a | ||||||
10 | licensed hearing instrument dispenser. Individuals licensed | ||||||
11 | pursuant to the provisions of Section 8 of this Act shall be | ||||||
12 | deemed qualified to provide tests of human hearing and hearing | ||||||
13 | aid evaluations for the purpose of dispensing a hearing aid | ||||||
14 | for which any State agency may contract. The license shall be | ||||||
15 | conspicuously displayed in the place of business. Duplicate | ||||||
16 | licenses shall be issued by the Department to licensees | ||||||
17 | operating more than one office upon the additional payment set | ||||||
18 | forth in this Act. No hearing aids manufacturer may | ||||||
19 | distribute, sell, or otherwise provide hearing aids to any | ||||||
20 | unlicensed hearing instrument professional for the purpose of | ||||||
21 | selling hearing aids to the consumer. | ||||||
22 | Except for violations of the provisions of this Act, or | ||||||
23 | the rules promulgated under it, nothing in this Act shall | ||||||
24 | prohibit a corporation, partnership, trust, association, or | ||||||
25 | other entity from engaging in the business of testing, | ||||||
26 | fitting, servicing, selecting, dispensing, selling, or |
| |||||||
| |||||||
1 | offering for sale hearing aids aid at retail without a | ||||||
2 | license, provided it employs only licensed individuals in the | ||||||
3 | direct testing, fitting, servicing, selecting, offering for | ||||||
4 | sale, or dispensing of such products. Each such corporation, | ||||||
5 | partnership, trust, association, or other entity shall file | ||||||
6 | with the Department, prior to doing business in this State and | ||||||
7 | by July 1 of each calendar year thereafter, on forms | ||||||
8 | prescribed by the Department, a list of all licensed hearing | ||||||
9 | instrument dispensers employed by it and a statement attesting | ||||||
10 | that it complies with this Act and the rules promulgated under | ||||||
11 | it and the regulations of the Federal Food and Drug | ||||||
12 | Administration and the Federal Trade Commission insofar as | ||||||
13 | they are applicable. | ||||||
14 | (Source: P.A. 103-495, eff. 1-1-24.) | ||||||
15 | (225 ILCS 50/6) (from Ch. 111, par. 7406) | ||||||
16 | (Text of Section before amendment by P.A. 103-495 ) | ||||||
17 | (Section scheduled to be repealed on January 1, 2026) | ||||||
18 | Sec. 6. Mail order and Internet sales. Nothing in this Act | ||||||
19 | shall prohibit a corporation, partnership, trust, association, | ||||||
20 | or other organization, maintaining an established business | ||||||
21 | address, from engaging in the business of selling or offering | ||||||
22 | for sale hearing instruments at retail by mail or by Internet | ||||||
23 | to persons 18 years of age or older who have not been examined | ||||||
24 | by a licensed physician or tested by a licensed hearing | ||||||
25 | instrument dispenser provided that: |
| |||||||
| |||||||
1 | (a) The organization is registered by the Department prior | ||||||
2 | to engaging in business in this State and has paid the fee set | ||||||
3 | forth in this Act. | ||||||
4 | (b) The organization files with the Department, prior to | ||||||
5 | registration and annually thereafter, a Disclosure Statement | ||||||
6 | containing the following: | ||||||
7 | (1) the name under which the organization is doing or | ||||||
8 | intends to do business and the name of any affiliated | ||||||
9 | company which the organization recommends or will | ||||||
10 | recommend to persons as a supplier of goods or services or | ||||||
11 | in connection with other business transactions of the | ||||||
12 | organization; | ||||||
13 | (2) the organization's principal business address and | ||||||
14 | the name and address of its agent in this State authorized | ||||||
15 | to receive service of process; | ||||||
16 | (3) the business form of the organization, whether | ||||||
17 | corporate, partnership, or otherwise and the state or | ||||||
18 | other sovereign power under which the organization is | ||||||
19 | organized; | ||||||
20 | (4) the names of the directors or persons performing | ||||||
21 | similar functions and names and addresses of the chief | ||||||
22 | executive officer, and the financial, accounting, sales, | ||||||
23 | and other principal executive officers, if the | ||||||
24 | organization is a corporation, association, or other | ||||||
25 | similar entity; of all general partners, if the | ||||||
26 | organization is a partnership; and of the owner, if the |
| |||||||
| |||||||
1 | organization is a sole proprietorship, together with a | ||||||
2 | statement of the business background during the past 5 | ||||||
3 | years for each such person; | ||||||
4 | (5) a statement as to whether the organization or any | ||||||
5 | person identified in the disclosure statement: | ||||||
6 | (i) has during the 5 year period immediately | ||||||
7 | preceding the date of the disclosure statement been | ||||||
8 | convicted of a felony, pleaded nolo contendere to a | ||||||
9 | felony charge, or been held liable in a civil action by | ||||||
10 | final judgment, if such felony or civil action | ||||||
11 | involved fraud, embezzlement, or misappropriation of | ||||||
12 | property, and a description thereof; or | ||||||
13 | (ii) is subject to any currently effective | ||||||
14 | injunctive or restrictive order as a result of a | ||||||
15 | proceeding or pending action brought by any government | ||||||
16 | agency or department, and a description thereof; or | ||||||
17 | (iii) is a defendant in any pending criminal or | ||||||
18 | material civil action relating to fraud, embezzlement, | ||||||
19 | misappropriation of property or violations of the | ||||||
20 | antitrust or trade regulation laws of the United | ||||||
21 | States or any state, and a description thereof; or | ||||||
22 | (iv) has during the 5 year period immediately | ||||||
23 | preceding the date of the disclosure statement had | ||||||
24 | entered against such person or organization a final | ||||||
25 | judgment in any material civil proceeding, and a | ||||||
26 | description thereof; or |
| |||||||
| |||||||
1 | (v) has during the 5 year period immediately | ||||||
2 | preceding the date of the disclosure statement been | ||||||
3 | adjudicated a bankrupt or reorganized due to | ||||||
4 | insolvency or was a principal executive officer or | ||||||
5 | general partner of any company that has been | ||||||
6 | adjudicated a bankrupt or reorganized due to | ||||||
7 | insolvency during such 5 year period, and a | ||||||
8 | description thereof; | ||||||
9 | (6) the length of time the organization and any | ||||||
10 | predecessor of the organization has conducted a business | ||||||
11 | dealing with hearing instrument goods or services; | ||||||
12 | (7) a financial statement of the organization as of | ||||||
13 | the close of the most recent fiscal year of the | ||||||
14 | organization. If the financial statement is filed later | ||||||
15 | than 120 days following the close of the fiscal year of the | ||||||
16 | organization it must be accompanied by a statement of the | ||||||
17 | organization of any material changes in the financial | ||||||
18 | condition of the organization; | ||||||
19 | (8) a general description of the business, including | ||||||
20 | without limitation a description of the goods, training | ||||||
21 | programs, supervision, advertising, promotion and other | ||||||
22 | services provided by the organization; | ||||||
23 | (9) a statement of any compensation or other benefit | ||||||
24 | given or promised to a public figure arising, in whole or | ||||||
25 | in part, from (i) the use of the public figure in the name | ||||||
26 | or symbol of the organization or (ii) the endorsement or |
| |||||||
| |||||||
1 | recommendation of the organization by the public figure in | ||||||
2 | advertisements; | ||||||
3 | (10) a statement setting forth such additional | ||||||
4 | information and such comments and explanations relative to | ||||||
5 | the information contained in the disclosure statement as | ||||||
6 | the organization may desire to present. | ||||||
7 | (b-5) If a device being sold does not meet the definition | ||||||
8 | of a hearing instrument or hearing device as stated in this | ||||||
9 | Act, the organization shall include a disclaimer in all | ||||||
10 | written or electronic promotions. The disclaimer shall include | ||||||
11 | the following language: | ||||||
12 | "This is not a hearing instrument or hearing aid as | ||||||
13 | defined in the Hearing Instrument Consumer Protection Act, | ||||||
14 | but a personal amplifier and not intended to replace a | ||||||
15 | properly fitted and calibrated hearing instrument.". | ||||||
16 | (c) The organization files with the Department prior to | ||||||
17 | registration and annually thereafter a statement that it | ||||||
18 | complies with the Act, the rules issued pursuant to it, and the | ||||||
19 | regulations of the Federal Food and Drug Administration and | ||||||
20 | the Federal Trade Commission insofar as they are applicable. | ||||||
21 | (d) The organization files with the Department at the time | ||||||
22 | of registration an irrevocable consent to service of process | ||||||
23 | authorizing the Department and any of its successors to be | ||||||
24 | served any notice, process, or pleading in any action or | ||||||
25 | proceeding against the organization arising out of or in | ||||||
26 | connection with any violation of this Act. Such service shall |
| |||||||
| |||||||
1 | have the effect of conferring personal jurisdiction over such | ||||||
2 | organization in any court of competent jurisdiction. | ||||||
3 | (e) Before dispensing a hearing instrument to a resident | ||||||
4 | of this State, the organization informs the prospective users | ||||||
5 | that they need the following for proper fitting of a hearing | ||||||
6 | instrument: | ||||||
7 | (1) the results of an audiogram performed within the | ||||||
8 | past 6 months by a licensed audiologist or a licensed | ||||||
9 | hearing instrument dispenser; and | ||||||
10 | (2) an earmold impression obtained from the | ||||||
11 | prospective user and taken by a licensed hearing | ||||||
12 | instrument dispenser or licensed audiologist. | ||||||
13 | (f) The prospective user receives a medical evaluation or | ||||||
14 | the organization affords the prospective user an opportunity | ||||||
15 | to waive the medical evaluation requirement of Section 4 of | ||||||
16 | this Act and the testing requirement of subsection (z) of | ||||||
17 | Section 18, provided that the organization: | ||||||
18 | (1) informs the prospective user that the exercise of | ||||||
19 | the waiver is not in the user's best health interest; | ||||||
20 | (2) does not in any way actively encourage the | ||||||
21 | prospective user to waive the medical evaluation or test; | ||||||
22 | and | ||||||
23 | (3) affords the prospective user the option to sign | ||||||
24 | the following statement: | ||||||
25 | "I have been advised by .......... (hearing | ||||||
26 | instrument dispenser's name) that the Food and Drug |
| |||||||
| |||||||
1 | Administration and the State of Illinois have | ||||||
2 | determined that my best interest would be served if I | ||||||
3 | had a medical evaluation by a licensed physician, | ||||||
4 | preferably a physician who specialized in diseases of | ||||||
5 | the ear, before purchasing a hearing instrument; or a | ||||||
6 | test by a licensed audiologist or licensed hearing | ||||||
7 | instrument dispenser utilizing established procedures | ||||||
8 | and instrumentation in the fitting of hearing | ||||||
9 | instruments. I do not wish either a medical evaluation | ||||||
10 | or test before purchasing a hearing instrument." | ||||||
11 | (g) Where a sale, lease, or rental of hearing instruments | ||||||
12 | is sold or contracted to be sold to a consumer by mail order, | ||||||
13 | the consumer may void the contract or sale by notifying the | ||||||
14 | seller within 45 business days following that day on which the | ||||||
15 | hearing instruments were mailed by the seller to the consumer | ||||||
16 | and by returning to the seller in its original condition any | ||||||
17 | hearing instrument delivered to the consumer under the | ||||||
18 | contract or sale. At the time the hearing instrument is | ||||||
19 | mailed, the seller shall furnish the consumer with a fully | ||||||
20 | completed receipt or copy of any contract pertaining to the | ||||||
21 | sale that contains a "Notice of Cancellation" informing the | ||||||
22 | consumer that he or she may cancel the sale at any time within | ||||||
23 | 45 business days and disclosing the date of the mailing and the | ||||||
24 | name, address, and telephone number of the seller. In | ||||||
25 | immediate proximity to the space reserved in the contract for | ||||||
26 | the signature of the consumer, or on the front page of the |
| |||||||
| |||||||
1 | receipt if a contract is not used, and in bold face type of a | ||||||
2 | minimum size of 10 points, there shall be a statement in | ||||||
3 | substantially the following form: | ||||||
4 | "You, the buyer, may cancel this transaction at any | ||||||
5 | time prior to midnight of the 45th business day after the | ||||||
6 | date of this transaction. See the attached notice of | ||||||
7 | cancellation form for an explanation of this right." | ||||||
8 | Attached to the receipt or contract shall be a completed | ||||||
9 | form in duplicate, captioned "NOTICE OF CANCELLATION" which | ||||||
10 | shall be easily detachable and which shall contain in at least | ||||||
11 | 10 point bold face type the following information and | ||||||
12 | statements in the same language as that used in the contract: | ||||||
13 | "NOTICE OF CANCELLATION | ||||||
14 | enter date of transaction | ||||||
15 | ......................... | ||||||
16 | (DATE) | ||||||
17 | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | ||||||
18 | OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | ||||||
19 | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | ||||||
20 | BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | ||||||
21 | RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | ||||||
22 | WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | ||||||
23 | THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | ||||||
24 | PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | ||||||
25 | ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | ||||||
26 | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN |
| |||||||
| |||||||
1 | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | ||||||
2 | DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | ||||||
3 | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | ||||||
4 | AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | ||||||
5 | WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | ||||||
6 | AT (address of seller's place of business) AND (seller's | ||||||
7 | telephone number) NO LATER THAN MIDNIGHT OF | ||||||
8 | ...........(date). | ||||||
9 | I HEREBY CANCEL THIS TRANSACTION. | ||||||
10 | (Date)............
| ||||||
11 | ..................
| ||||||
12 | (Buyers Signature)" | ||||||
13 | The written "Notice of Cancellation" may be sent by the | ||||||
14 | consumer to the seller to cancel the contract. The 45-day | ||||||
15 | period does not commence until the consumer is furnished the | ||||||
16 | Notice of Cancellation and the address and phone number at | ||||||
17 | which such notice to the seller can be given. | ||||||
18 | If the conditions of this Section are met, the seller must | ||||||
19 | return to the consumer the amount of any payment made or | ||||||
20 | consideration given under the contract or for the merchandise | ||||||
21 | less a nonrefundable restocking fee. | ||||||
22 | It is an unlawful practice for a seller to: (1) hold a | ||||||
23 | consumer responsible for any liability or obligation under any | ||||||
24 | mail order transaction if the consumer claims not to have | ||||||
25 | received the merchandise unless the merchandise was sent by | ||||||
26 | certified mail or other delivery method by which the seller is |
| |||||||
| |||||||
1 | provided with proof of delivery; (2) fail, before furnishing | ||||||
2 | copies of the "Notice of Cancellation" to the consumer, to | ||||||
3 | complete both copies by entering the name of the seller, the | ||||||
4 | address of the seller's place of business, the seller's | ||||||
5 | telephone number, the date of the mailing, and the date, not | ||||||
6 | earlier than the 45th business day following the date of the | ||||||
7 | mailing, by which the consumer may give notice of | ||||||
8 | cancellation; (3) include in any contract or receipt any | ||||||
9 | confession of judgment or any waiver of any of the rights to | ||||||
10 | which the consumer is entitled under this Section including | ||||||
11 | specifically his right to cancel the sale in accordance with | ||||||
12 | the provisions of this Section; (4) misrepresent in any manner | ||||||
13 | the consumer's right to cancel; (5) use any undue influence, | ||||||
14 | coercion, or any other wilful act or representation to | ||||||
15 | interfere with the consumer's exercise of his rights under | ||||||
16 | this Section; (6) fail or refuse to honor any valid notice of | ||||||
17 | cancellation and return of merchandise by a consumer and, | ||||||
18 | within 10 business days after the receipt of such notice and | ||||||
19 | merchandise pertaining to such transaction, to (i) refund | ||||||
20 | payments made under the contract or sale, (ii) return any | ||||||
21 | goods or property traded in, in substantially as good | ||||||
22 | condition as when received by the person, (iii) cancel and | ||||||
23 | return any negotiable instrument executed by the consumer in | ||||||
24 | connection with the contract or sale and take any action | ||||||
25 | necessary or appropriate to terminate promptly any security | ||||||
26 | interest created in the transaction; (7) negotiate, transfer, |
| |||||||
| |||||||
1 | sell, or assign any note or other evidence of indebtedness to a | ||||||
2 | finance company or other third party prior to the 50th | ||||||
3 | business day following the day of the mailing; or (8) fail to | ||||||
4 | provide the consumer of a hearing instrument with written | ||||||
5 | information stating the name, address, and telephone number of | ||||||
6 | the Department and informing the consumer that complaints | ||||||
7 | regarding hearing instrument goods or services may be made to | ||||||
8 | the Department. | ||||||
9 | (h) The organization employs only licensed hearing | ||||||
10 | instrument dispensers in the dispensing of hearing instruments | ||||||
11 | and files with the Department, by January 1 of each year, a | ||||||
12 | list of all licensed hearing instrument dispensers employed by | ||||||
13 | it. | ||||||
14 | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .) | ||||||
15 | (Text of Section after amendment by P.A. 103-495 ) | ||||||
16 | (Section scheduled to be repealed on January 1, 2026) | ||||||
17 | Sec. 6. Mail order and Internet sales. Nothing in this Act | ||||||
18 | shall prohibit a corporation, partnership, trust, association, | ||||||
19 | or other organization, maintaining an established business | ||||||
20 | address, from engaging in the business of selling or offering | ||||||
21 | for sale hearing aids at retail by mail or by Internet to | ||||||
22 | persons 18 years of age or older who have not been examined by | ||||||
23 | a licensed physician or tested by a licensed hearing | ||||||
24 | instrument professional provided that: | ||||||
25 | (a) The organization is registered by the Department prior |
| |||||||
| |||||||
1 | to engaging in business in this State and has paid the fee set | ||||||
2 | forth in this Act. | ||||||
3 | (b) The organization files with the Department, prior to | ||||||
4 | registration and annually thereafter, a Disclosure Statement | ||||||
5 | containing the following: | ||||||
6 | (1) the name under which the organization is doing or | ||||||
7 | intends to do business and the name of any affiliated | ||||||
8 | company which the organization recommends or will | ||||||
9 | recommend to persons as a supplier of goods or services or | ||||||
10 | in connection with other business transactions of the | ||||||
11 | organization; | ||||||
12 | (2) the organization's principal business address and | ||||||
13 | the name and address of its agent in this State authorized | ||||||
14 | to receive service of process; | ||||||
15 | (3) the business form of the organization, whether | ||||||
16 | corporate, partnership, or otherwise and the state or | ||||||
17 | other sovereign power under which the organization is | ||||||
18 | organized; | ||||||
19 | (4) the names of the directors or persons performing | ||||||
20 | similar functions and names and addresses of the chief | ||||||
21 | executive officer, and the financial, accounting, sales, | ||||||
22 | and other principal executive officers, if the | ||||||
23 | organization is a corporation, association, or other | ||||||
24 | similar entity; of all general partners, if the | ||||||
25 | organization is a partnership; and of the owner, if the | ||||||
26 | organization is a sole proprietorship, together with a |
| |||||||
| |||||||
1 | statement of the business background during the past 5 | ||||||
2 | years for each such person; | ||||||
3 | (5) a statement as to whether the organization or any | ||||||
4 | person identified in the disclosure statement: | ||||||
5 | (i) has during the 5-year period immediately | ||||||
6 | preceding the date of the disclosure statement been | ||||||
7 | convicted of a felony, pleaded nolo contendere to a | ||||||
8 | felony charge, or been held liable in a civil action by | ||||||
9 | final judgment, if such felony or civil action | ||||||
10 | involved fraud, embezzlement, or misappropriation of | ||||||
11 | property, and a description thereof; or | ||||||
12 | (ii) is subject to any currently effective | ||||||
13 | injunctive or restrictive order as a result of a | ||||||
14 | proceeding or pending action brought by any government | ||||||
15 | agency or department, and a description thereof; or | ||||||
16 | (iii) is a defendant in any pending criminal or | ||||||
17 | material civil action relating to fraud, embezzlement, | ||||||
18 | misappropriation of property or violations of the | ||||||
19 | antitrust or trade regulation laws of the United | ||||||
20 | States or any state, and a description thereof; or | ||||||
21 | (iv) has during the 5-year period immediately | ||||||
22 | preceding the date of the disclosure statement had | ||||||
23 | entered against such person or organization a final | ||||||
24 | judgment in any material civil proceeding, and a | ||||||
25 | description thereof; or | ||||||
26 | (v) has during the 5-year period immediately |
| |||||||
| |||||||
1 | preceding the date of the disclosure statement been | ||||||
2 | adjudicated a bankrupt or reorganized due to | ||||||
3 | insolvency or was a principal executive officer or | ||||||
4 | general partner of any company that has been | ||||||
5 | adjudicated a bankrupt or reorganized due to | ||||||
6 | insolvency during such 5-year period, and a | ||||||
7 | description thereof; | ||||||
8 | (6) the length of time the organization and any | ||||||
9 | predecessor of the organization has conducted a business | ||||||
10 | dealing with hearing aid goods or services; | ||||||
11 | (7) a financial statement of the organization as of | ||||||
12 | the close of the most recent fiscal year of the | ||||||
13 | organization. If the financial statement is filed later | ||||||
14 | than 120 days following the close of the fiscal year of the | ||||||
15 | organization it must be accompanied by a statement of the | ||||||
16 | organization of any material changes in the financial | ||||||
17 | condition of the organization; | ||||||
18 | (8) a general description of the business, including | ||||||
19 | without limitation a description of the goods, training | ||||||
20 | programs, supervision, advertising, promotion and other | ||||||
21 | services provided by the organization; | ||||||
22 | (9) a statement of any compensation or other benefit | ||||||
23 | given or promised to a public figure arising, in whole or | ||||||
24 | in part, from (i) the use of the public figure in the name | ||||||
25 | or symbol of the organization or (ii) the endorsement or | ||||||
26 | recommendation of the organization by the public figure in |
| |||||||
| |||||||
1 | advertisements; | ||||||
2 | (10) a statement setting forth such additional | ||||||
3 | information and such comments and explanations relative to | ||||||
4 | the information contained in the disclosure statement as | ||||||
5 | the organization may desire to present. | ||||||
6 | (b-5) If a device being sold does not meet the definition | ||||||
7 | of an over-the-counter hearing aid or a prescription hearing | ||||||
8 | aid, as stated in this Act, the organization shall include a | ||||||
9 | disclaimer in all written or electronic promotions. The | ||||||
10 | disclaimer shall include the following language: | ||||||
11 | "This is not a hearing instrument or hearing aid as | ||||||
12 | defined in the Hearing Instrument Consumer Protection Act, | ||||||
13 | but a personal sound amplification product and not | ||||||
14 | intended to replace a properly fitted and calibrated | ||||||
15 | hearing aid or treat hearing loss.". | ||||||
16 | (c) The organization files with the Department prior to | ||||||
17 | registration and annually thereafter a statement that it | ||||||
18 | complies with the Act, the rules issued pursuant to it, and the | ||||||
19 | regulations of the Federal Food and Drug Administration and | ||||||
20 | the Federal Trade Commission insofar as they are applicable. | ||||||
21 | (d) The organization files with the Department at the time | ||||||
22 | of registration an irrevocable consent to service of process | ||||||
23 | authorizing the Department and any of its successors to be | ||||||
24 | served any notice, process, or pleading in any action or | ||||||
25 | proceeding against the organization arising out of or in | ||||||
26 | connection with any violation of this Act. Such service shall |
| |||||||
| |||||||
1 | have the effect of conferring personal jurisdiction over such | ||||||
2 | organization in any court of competent jurisdiction. | ||||||
3 | (e) Before dispensing a hearing aid by mail or over the | ||||||
4 | Internet to a resident of this State, the organization informs | ||||||
5 | (i) the parent or guardian of a person age 17 or younger that | ||||||
6 | he or she must obtain a prescription issued by a licensed | ||||||
7 | audiologist or licensed physician that meets the requirements | ||||||
8 | of Section 4.5 or (ii) a person age 18 or older that he or she | ||||||
9 | must obtain a prescription issued by a hearing instrument | ||||||
10 | professional that meets the requirements of Section 4.6. | ||||||
11 | (f) (Blank). : | ||||||
12 | (g) Where a sale, lease, or rental of prescription hearing | ||||||
13 | aids are sold or contracted to be sold to a consumer by mail | ||||||
14 | order or via the Internet, the consumer may void the contract | ||||||
15 | or sale by notifying the seller within 45 business days | ||||||
16 | following that day on which the hearing aids were mailed by the | ||||||
17 | seller to the consumer and by returning to the seller in its | ||||||
18 | original condition any hearing aids delivered to the consumer | ||||||
19 | under the contract or sale. At the time the hearing aid is | ||||||
20 | mailed, the seller shall furnish the consumer with a fully | ||||||
21 | completed receipt or copy of any contract pertaining to the | ||||||
22 | sale that contains a "Notice of Cancellation" informing the | ||||||
23 | consumer that he or she may cancel the sale at any time within | ||||||
24 | 45 business days and disclosing the date of the mailing and the | ||||||
25 | name, address, and telephone number of the seller. In | ||||||
26 | immediate proximity to the space reserved in the contract for |
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1 | the signature of the consumer, or on the front page of the | ||||||
2 | receipt if a contract is not used, and in bold face type of a | ||||||
3 | minimum size of 10 points, there shall be a statement in | ||||||
4 | substantially the following form: | ||||||
5 | "You, the buyer, may cancel this transaction at any | ||||||
6 | time prior to midnight of the 45th business day after the | ||||||
7 | date of this transaction. See the attached notice of | ||||||
8 | cancellation form for an explanation of this right." | ||||||
9 | Attached to the receipt or contract shall be a completed | ||||||
10 | form in duplicate, captioned "NOTICE OF CANCELLATION" which | ||||||
11 | shall be easily detachable and which shall contain in at least | ||||||
12 | 10 point bold face type the following information and | ||||||
13 | statements in the same language as that used in the contract: | ||||||
14 | "NOTICE OF CANCELLATION | ||||||
15 | enter date of transaction | ||||||
16 | ......................... | ||||||
17 | (DATE) | ||||||
18 | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | ||||||
19 | OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | ||||||
20 | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | ||||||
21 | BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | ||||||
22 | RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | ||||||
23 | WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | ||||||
24 | THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | ||||||
25 | PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | ||||||
26 | ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. |
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1 | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | ||||||
2 | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | ||||||
3 | DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | ||||||
4 | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | ||||||
5 | AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | ||||||
6 | WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | ||||||
7 | AT (address of seller's place of business) AND (seller's | ||||||
8 | telephone number) NO LATER THAN MIDNIGHT OF | ||||||
9 | ...........(date). | ||||||
10 | I HEREBY CANCEL THIS TRANSACTION. | ||||||
11 | (Date)............
| ||||||
12 | ..................
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13 | (Buyers Signature)" | ||||||
14 | The written "Notice of Cancellation" may be sent by the | ||||||
15 | consumer to the seller to cancel the contract. The 45-day | ||||||
16 | period does not commence until the consumer is furnished the | ||||||
17 | Notice of Cancellation and the address and phone number at | ||||||
18 | which such notice to the seller can be given. | ||||||
19 | If the conditions of this Section are met, the seller must | ||||||
20 | return to the consumer the amount of any payment made or | ||||||
21 | consideration given under the contract or for the merchandise | ||||||
22 | less a nonrefundable restocking fee. | ||||||
23 | It is an unlawful practice for a seller to: (1) hold a | ||||||
24 | consumer responsible for any liability or obligation under any | ||||||
25 | mail order transaction if the consumer claims not to have | ||||||
26 | received the merchandise unless the merchandise was sent by |
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1 | certified mail or other delivery method by which the seller is | ||||||
2 | provided with proof of delivery; (2) fail, before furnishing | ||||||
3 | copies of the "Notice of Cancellation" to the consumer, to | ||||||
4 | complete both copies by entering the name of the seller, the | ||||||
5 | address of the seller's place of business, the seller's | ||||||
6 | telephone number, the date of the mailing, and the date, not | ||||||
7 | earlier than the 45th business day following the date of the | ||||||
8 | mailing, by which the consumer may give notice of | ||||||
9 | cancellation; (3) include in any contract or receipt any | ||||||
10 | confession of judgment or any waiver of any of the rights to | ||||||
11 | which the consumer is entitled under this Section including | ||||||
12 | specifically his right to cancel the sale in accordance with | ||||||
13 | the provisions of this Section; (4) misrepresent in any manner | ||||||
14 | the consumer's right to cancel; (5) use any undue influence, | ||||||
15 | coercion, or any other wilful act or representation to | ||||||
16 | interfere with the consumer's exercise of his rights under | ||||||
17 | this Section; (6) fail or refuse to honor any valid notice of | ||||||
18 | cancellation and return of merchandise by a consumer and, | ||||||
19 | within 10 business days after the receipt of such notice and | ||||||
20 | merchandise pertaining to such transaction, to (i) refund | ||||||
21 | payments made under the contract or sale, (ii) return any | ||||||
22 | goods or property traded in, in substantially as good | ||||||
23 | condition as when received by the person, (iii) cancel and | ||||||
24 | return any negotiable instrument executed by the consumer in | ||||||
25 | connection with the contract or sale and take any action | ||||||
26 | necessary or appropriate to terminate promptly any security |
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1 | interest created in the transaction; (7) negotiate, transfer, | ||||||
2 | sell, or assign any note or other evidence of indebtedness to a | ||||||
3 | finance company or other third party prior to the 50th | ||||||
4 | business day following the day of the mailing; or (8) fail to | ||||||
5 | provide the consumer of a hearing aid with written information | ||||||
6 | stating the name, address, and telephone number of the | ||||||
7 | Department and informing the consumer that complaints | ||||||
8 | regarding hearing aid goods or services may be made to the | ||||||
9 | Department. | ||||||
10 | (h) The organization employs only licensed hearing | ||||||
11 | instrument professionals in the dispensing of hearing aids and | ||||||
12 | files with the Department, by January 1 of each year, a list of | ||||||
13 | all licensed hearing instrument professionals employed by it. | ||||||
14 | (Source: P.A. 103-495, eff. 1-1-24.) | ||||||
15 | (225 ILCS 50/9) (from Ch. 111, par. 7409) | ||||||
16 | (Text of Section before amendment by P.A. 103-495 ) | ||||||
17 | (Section scheduled to be repealed on January 1, 2026) | ||||||
18 | Sec. 9. Areas of examination. The examination required by | ||||||
19 | Section 8 shall be set forth by rule and demonstrate the | ||||||
20 | applicant's technical qualifications by: | ||||||
21 | (a) Tests of knowledge in the following areas as they | ||||||
22 | pertain to the testing, selecting, recommending, fitting, | ||||||
23 | and selling of hearing instruments: | ||||||
24 | (1) characteristics of sound; | ||||||
25 | (2) the nature of the ear; and |
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| |||||||
1 | (3) the function and maintenance of hearing | ||||||
2 | instruments. | ||||||
3 | (b) Practical tests of proficiency in techniques as | ||||||
4 | they pertain to the fitting of hearing instruments shall | ||||||
5 | be prescribed by the Department, set forth by rule, and | ||||||
6 | include candidate qualifications in the following areas: | ||||||
7 | (1) pure tone audiometry including air conduction | ||||||
8 | testing and bone conduction testing; | ||||||
9 | (2) live voice or recorded voice speech | ||||||
10 | audiometry, including speech reception, threshold | ||||||
11 | testing and speech discrimination testing; | ||||||
12 | (3) masking; | ||||||
13 | (4) proper selection and adaptation of a hearing | ||||||
14 | instrument; | ||||||
15 | (5) taking earmold impressions; | ||||||
16 | (6) proper maintenance procedures; and | ||||||
17 | (7) a general knowledge of the medical and | ||||||
18 | physical contra-indications to the use and fitting of | ||||||
19 | a hearing instrument. | ||||||
20 | (c) Knowledge of the general medical and hearing | ||||||
21 | rehabilitation facilities in the area being served. | ||||||
22 | (d) Knowledge of the provisions of this Act and the | ||||||
23 | rules promulgated hereunder. | ||||||
24 | (Source: P.A. 96-683, eff. 1-1-10 .) | ||||||
25 | (Text of Section after amendment by P.A. 103-495 ) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2026) | ||||||
2 | Sec. 9. Areas of examination. The examination required by | ||||||
3 | Section 8 shall be set forth by rule and demonstrate the | ||||||
4 | applicant's technical qualifications by: | ||||||
5 | (a) Tests of knowledge in the following areas as they | ||||||
6 | pertain to the testing, selecting, recommending, fitting, | ||||||
7 | and selling of hearing aids: | ||||||
8 | (1) characteristics of sound; | ||||||
9 | (2) the nature of the ear; and | ||||||
10 | (3) the function and maintenance of hearing aids. | ||||||
11 | (b) Practical tests of proficiency in techniques as | ||||||
12 | they pertain to the fitting of hearing aids shall be | ||||||
13 | prescribed by the Department, set forth by rule, and | ||||||
14 | include candidate qualifications in the following areas: | ||||||
15 | (1) pure-tone pure tone audiometry including air | ||||||
16 | conduction testing and bone conduction testing; | ||||||
17 | (2) live voice or recorded voice speech | ||||||
18 | audiometry, including speech reception, threshold | ||||||
19 | testing and speech discrimination testing; | ||||||
20 | (3) masking; | ||||||
21 | (4) proper selection and adaptation of a hearing | ||||||
22 | instrument; | ||||||
23 | (5) taking earmold impressions; | ||||||
24 | (6) proper maintenance procedures; and | ||||||
25 | (7) a general knowledge of the medical and | ||||||
26 | physical contra-indications to the use and fitting of |
| |||||||
| |||||||
1 | a hearing aid aids . | ||||||
2 | (c) Knowledge of the general medical and hearing | ||||||
3 | rehabilitation facilities in the area being served. | ||||||
4 | (d) Knowledge of the provisions of this Act and the | ||||||
5 | rules promulgated hereunder. | ||||||
6 | (Source: P.A. 103-495, eff. 1-1-24.) | ||||||
7 | Section 95. No acceleration or delay. Where this Act makes | ||||||
8 | changes in a statute that is represented in this Act by text | ||||||
9 | that is not yet or no longer in effect (for example, a Section | ||||||
10 | represented by multiple versions), the use of that text does | ||||||
11 | not accelerate or delay the taking effect of (i) the changes | ||||||
12 | made by this Act or (ii) provisions derived from any other | ||||||
13 | Public Act. | ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law. |