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Public Act 103-0495 | ||||
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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 Public Utilities Act is amended by changing | ||||
Section 13-703 as follows:
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(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
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(Section scheduled to be repealed on December 31, 2026)
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Sec. 13-703.
(a) The Commission shall design and implement | ||||
a program
whereby each telecommunications carrier providing | ||||
local exchange service
shall provide a telecommunications | ||||
device capable of servicing the needs of
those persons with a | ||||
hearing or speech disability together with a
single party | ||||
line, at no charge additional to the basic exchange rate, to
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any subscriber who is certified as having a hearing or speech | ||||
disability by a hearing instrument care professional, as | ||||
defined in the Hearing Instrument Consumer Protection Act, a | ||||
speech-language pathologist, or a qualified
State agency and | ||||
to any subscriber which is an organization serving the needs
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of those persons with a hearing or speech disability as | ||||
determined and
specified by the Commission pursuant to | ||||
subsection (d).
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(b) The Commission shall design and implement a program, | ||||
whereby each
telecommunications carrier providing local |
exchange service shall provide a
telecommunications relay | ||
system, using third party intervention to connect
those | ||
persons having a hearing or speech disability with persons of | ||
normal
hearing by way of intercommunications devices and the | ||
telephone system, making
available reasonable access to all | ||
phases of public telephone service to
persons who have a | ||
hearing or speech disability. In order to design a
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telecommunications relay system which will meet the | ||
requirements of those
persons with a hearing or speech | ||
disability available at a reasonable cost, the
Commission | ||
shall initiate an investigation and conduct public hearings to
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determine the most cost-effective method of providing | ||
telecommunications relay
service to those persons who have a | ||
hearing or speech disability when using
telecommunications | ||
devices and therein solicit the advice, counsel, and
physical | ||
assistance of Statewide nonprofit consumer organizations that | ||
serve
persons with hearing or speech disabilities in such | ||
hearings and during the
development and implementation of the | ||
system. The Commission shall phase
in this program, on a | ||
geographical basis, as soon as is practicable, but
no later | ||
than June 30, 1990.
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(c) The Commission shall establish a competitively neutral | ||
rate recovery mechanism that establishes charges in an amount | ||
to be determined by the Commission
for each line of a | ||
subscriber to allow telecommunications carriers
providing | ||
local exchange service to recover costs as they are incurred
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under this Section. Beginning no later than April 1, 2016, and | ||
on a yearly basis thereafter, the Commission shall initiate a | ||
proceeding to establish the competitively neutral amount to be | ||
charged or assessed to subscribers of telecommunications | ||
carriers and wireless carriers, Interconnected VoIP service | ||
providers, and consumers of prepaid wireless | ||
telecommunications service in a manner consistent with this | ||
subsection (c) and subsection (f) of this Section. The | ||
Commission shall issue its order establishing the | ||
competitively neutral amount to be charged or assessed to | ||
subscribers of telecommunications carriers and wireless | ||
carriers, Interconnected VoIP service providers, and | ||
purchasers of prepaid wireless telecommunications service on | ||
or prior to June 1 of each year, and such amount shall take | ||
effect June 1 of each year.
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Telecommunications carriers, wireless carriers, | ||
Interconnected VoIP service providers, and sellers of prepaid | ||
wireless telecommunications service shall have 60 days from | ||
the date the Commission files its order to implement the new | ||
rate established by the order. | ||
(d) The Commission shall determine and specify those | ||
organizations serving
the needs of those persons having a | ||
hearing or speech disability that shall
receive a | ||
telecommunications device and in which offices the equipment | ||
shall be
installed in the case of an organization having more | ||
than one office. For the
purposes of this Section, |
"organizations serving the needs of those persons
with hearing | ||
or speech disabilities" means centers for independent living | ||
as
described in Section 12a of the Rehabilitation of Persons | ||
with Disabilities Act and
not-for-profit organizations whose | ||
primary purpose is serving the needs of
those persons with | ||
hearing or speech disabilities. The Commission shall direct
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the telecommunications carriers subject to its jurisdiction | ||
and this
Section to comply with its determinations and | ||
specifications in this regard.
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(e) As used in this Section: | ||
"Prepaid wireless telecommunications service" has the | ||
meaning given to that term under Section 10 of the Prepaid | ||
Wireless 9-1-1 Surcharge Act. | ||
"Retail transaction" has the meaning given to that term | ||
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
"Seller" has the meaning given to that term under Section | ||
10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
"Telecommunications carrier
providing local exchange | ||
service" includes, without otherwise limiting the
meaning of | ||
the term, telecommunications carriers which are purely mutual
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concerns, having no rates or charges for services, but paying | ||
the operating
expenses by assessment upon the members of such | ||
a company and no other
person.
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"Wireless carrier" has the meaning given to that term | ||
under Section 2 of the Emergency Telephone System Act. | ||
(f) Interconnected VoIP service providers, sellers of |
prepaid wireless telecommunications service, and wireless | ||
carriers in Illinois shall collect and remit assessments | ||
determined in accordance with this Section in a competitively | ||
neutral manner in the same manner as a telecommunications | ||
carrier providing local exchange service. However, the | ||
assessment imposed on consumers of prepaid wireless | ||
telecommunications service shall be collected by the seller | ||
from the consumer and imposed per retail transaction as a | ||
percentage of that retail transaction on all retail | ||
transactions occurring in this State. The assessment on | ||
subscribers of wireless carriers and consumers of prepaid | ||
wireless telecommunications service shall not be imposed or | ||
collected prior to June 1, 2016. | ||
Sellers of prepaid wireless telecommunications service | ||
shall remit the assessments to the Department of Revenue on | ||
the same form and in the same manner which they remit the fee | ||
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | ||
the purposes of display on the consumers' receipts, the rates | ||
of the fee collected under the Prepaid Wireless 9-1-1 | ||
Surcharge Act and the assessment under this Section may be | ||
combined. In administration and enforcement of this Section, | ||
the provisions of Sections 15 and 20 of the Prepaid Wireless | ||
9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5), | ||
(e), and (e-5) of Section 15 and subsections (c) and (e) of | ||
Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and, | ||
from June 29, 2015 (the effective date of Public Act 99-6), the |
seller shall be permitted to deduct and retain 3% of the | ||
assessments that are collected by the seller from consumers | ||
and that are remitted and timely filed with the Department) | ||
that are not inconsistent with this Section, shall apply, as | ||
far as practicable, to the subject matter of this Section to | ||
the same extent as if those provisions were included in this | ||
Section. Beginning on January 1, 2018, the seller is allowed | ||
to deduct and retain 3% of the assessments that are collected | ||
by the seller from consumers and that are remitted timely and | ||
timely filed with the Department, but only if the return is | ||
filed electronically as provided in Section 3 of the | ||
Retailers' Occupation Tax Act. Sellers who demonstrate that | ||
they do not have access to the Internet or demonstrate | ||
hardship in filing electronically may petition the Department | ||
to waive the electronic filing requirement. The Department | ||
shall deposit all assessments and penalties collected under | ||
this Section into the Illinois Telecommunications Access | ||
Corporation Fund, a special fund created in the State | ||
treasury. On or before the 25th day of each calendar month, the | ||
Department shall prepare and certify to the Comptroller the | ||
amount available to the Commission for distribution out of the | ||
Illinois Telecommunications Access Corporation Fund. The | ||
amount certified shall be the amount (not including credit | ||
memoranda) collected during the second preceding calendar | ||
month by the Department, plus an amount the Department | ||
determines is necessary to offset any amounts which were |
erroneously paid to a different taxing body or fund. The | ||
amount paid to the Illinois Telecommunications Access | ||
Corporation Fund shall not include any amount equal to the | ||
amount of refunds made during the second preceding calendar | ||
month by the Department to retailers under this Section or any | ||
amount that the Department determines is necessary to offset | ||
any amounts which were payable to a different taxing body or | ||
fund but were erroneously paid to the Illinois | ||
Telecommunications Access Corporation Fund. The Commission | ||
shall distribute all the funds to the Illinois | ||
Telecommunications Access Corporation and the funds may only | ||
be used in accordance with the provisions of this Section. The | ||
Department shall deduct 2% of all amounts deposited in the | ||
Illinois Telecommunications Access Corporation Fund during | ||
every year of remitted assessments. Of the 2% deducted by the | ||
Department, one-half shall be transferred into the Tax | ||
Compliance and Administration Fund to reimburse the Department | ||
for its direct costs of administering the collection and | ||
remittance of the assessment. The remaining one-half shall be | ||
transferred into the Public Utility Fund to reimburse the | ||
Commission for its costs of distributing to the Illinois | ||
Telecommunications Access Corporation the amount certified by | ||
the Department for distribution. The amount to be charged or | ||
assessed under subsections (c) and (f) is not imposed on a | ||
provider or the consumer for wireless Lifeline service where | ||
the consumer does not pay the provider for the service. Where |
the consumer purchases from the provider optional minutes, | ||
texts, or other services in addition to the federally funded | ||
Lifeline benefit, a consumer must pay the charge or | ||
assessment, and it must be collected by the seller according | ||
to this subsection (f). | ||
Interconnected VoIP services shall not be considered an | ||
intrastate telecommunications service for the purposes of this | ||
Section in a manner inconsistent with federal law or Federal | ||
Communications Commission regulation. | ||
(g) The provisions of this Section are severable under | ||
Section 1.31 of the Statute on Statutes. | ||
(h) The Commission may adopt rules necessary to implement | ||
this Section. | ||
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. | ||
1-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303, | ||
eff. 8-24-17; 100-863, eff. 8-14-18 .)
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Section 10. The Hearing Instrument Consumer Protection Act | ||
is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5, | ||
14, 16, 17, 18, 19, and 20 and by adding Sections 4.5, 4.6, and | ||
12 as follows:
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(225 ILCS 50/1) (from Ch. 111, par. 7401)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 1. Purpose. The purpose of this Act is to protect the |
deaf or hard of hearing
public from the practice of dispensing | ||
hearing aids instruments that
could
endanger the health, | ||
safety and welfare of the People of this State. The
Federal | ||
Food and Drug Administration
and Federal Trade Commission has | ||
recommended that State legislation is necessary in order to | ||
establish
standards of competency and to impose stringent | ||
penalties for those who
violate the public trust in this field | ||
of health care.
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(Source: P.A. 98-827, eff. 1-1-15 .)
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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, 2026)
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Sec. 3. Definitions. As used in this Act, except as the | ||
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 | ||
Health.
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"Direct supervision" means the final approval given by the | ||
licensed hearing instrument professional to all work performed | ||
by the person under supervision and that the licensed hearing | ||
instrument professional is physically present in the facility | ||
any time the person under supervision has contact with a | ||
client. "Direct supervision" does not mean that the licensed | ||
hearing instrument professional is in the same room when the | ||
person under supervision has contact with the client. | ||
"Federal Trade Commission" means the United States federal |
agency which regulates business practices and commerce. | ||
"Food and Drug Administration" means the United States | ||
federal agency which regulates hearing instruments or hearing | ||
aids as medical devices. | ||
"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 | ||
audiologist under the Illinois Speech-Language Pathology and | ||
Audiology
Practice Act and who can prescribe hearing aids in | ||
accordance with this Act .
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"National Board Certified Hearing Instrument
Specialist" | ||
means a person
who has had at least 2 years in practice as a | ||
licensed hearing
instrument dispenser and has
been certified | ||
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 | ||
licensed
in Illinois to
practice medicine in all of its | ||
branches pursuant to the Medical Practice Act of 1987.
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"Trainee" means a person who is licensed to perform the | ||
functions of a hearing instrument dispenser or audiologist in | ||
accordance with the Department rules and only under the direct | ||
supervision of a hearing instrument dispenser or audiologist | ||
who is licensed in the State. | ||
"Board" means the Hearing Instrument Consumer Protection
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Board.
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"Hearing instrument" or "hearing aid" means any instrument |
or device, including an instrument or device dispensed | ||
pursuant to a prescription, that is designed, intended, or | ||
offered for the purpose of improving a person's hearing and | ||
any parts, attachments, or accessories, including earmolds. | ||
"Hearing instrument" or "hearing aid" does not include | ||
batteries, cords, and individual or group auditory training | ||
devices and any instrument or device used by a public utility | ||
in providing telephone or other communication services | ||
wearable instrument or device designed for or offered for the | ||
purpose of aiding or compensating for impaired human hearing | ||
and that can provide more than 15 dB full on gain via a 2cc | ||
coupler at any single frequency from 200 through 6000 cycles | ||
per second, and any parts, attachments, or accessories, | ||
including ear molds. "Hearing instrument" or "hearing aid" do | ||
not include batteries, cords, or group auditory training | ||
devices and any
instrument or device used by a public utility | ||
in providing telephone or
other communication services are | ||
excluded .
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"Involvement of a licensed person" refers to the | ||
supervisor, prescription or other order involvement or | ||
interaction by a licensed hearing instrument professional. | ||
"Practice of prescribing, fitting, dispensing, or | ||
servicing of prescription hearing aids
instruments " means
the | ||
measurement of human hearing with an
audiometer, calibrated to
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the current American National Standard Institute standards, | ||
for the
purpose of prescribing hearing aids and making |
selections, recommendations, adaptions, services, or sales of
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hearing aids instruments including the making of earmolds as a | ||
part of the hearing
aid instrument .
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"Sell" or "sale" means any transfer of title or of the | ||
right to use
by lease, bailment, or any other contract, | ||
excluding wholesale transactions
with distributors or dealers.
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"Hearing instrument dispenser" means a person who
is a | ||
hearing instrument care professional that engages
in the | ||
selling,
practice of fitting, selecting, recommending, | ||
dispensing, prescribing, or servicing
of prescription hearing | ||
aids instruments or the testing for means of hearing
aid | ||
instrument selection or who
advertises or displays a sign or | ||
represents himself or herself as a person
who
practices the | ||
testing, fitting, selecting, servicing, dispensing,
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prescribing, or selling of prescription hearing aids | ||
instruments .
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"Fund" means the Hearing Instrument Dispenser Examining
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and Disciplinary Fund.
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"Hearing instrument care professional" means a person who | ||
is a licensed
audiologist, a licensed hearing instrument | ||
dispenser, or a licensed
physician.
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"Over-the-counter hearing aid" means any instrument or | ||
device that: | ||
(1) uses the same fundamental scientific technology as | ||
air conduction hearing aids, as defined in 21 CFR | ||
874.3300, or wireless air conduction hearing aids, as |
defined in 21 CFR 874.3305; | ||
(2) is intended to be used by adults age 18 and older | ||
to compensate for perceived mild to moderate hearing | ||
impairment; | ||
(3) through tools, tests, or software, allows the user | ||
to control the over-the-counter hearing aid and customize | ||
it to the user's hearing needs; | ||
(4) may use wireless technology or include tests for | ||
self-assessment of hearing loss; and | ||
(5) is available over-the-counter, without the | ||
supervision, prescription, or other order, involvement, or | ||
intervention of a licensed person, to consumers through | ||
in-person transactions, by mail, or online. | ||
"Over-the-counter hearing aid" does not include batteries, | ||
cords, and individual or group auditory training devices or | ||
any instrument or device used by a public utility in providing | ||
telephone or other communication services. | ||
"Personal sound amplification product" means an | ||
amplification device, as defined by the Food and Drug | ||
Administration or the Federal Trade Commission, that is not | ||
labeled as a hearing aid and is not intended to treat hearing | ||
loss. | ||
"Prescribe" means an order for a prescription hearing aid | ||
issued by a licensed hearing instrument professional. | ||
"Prescription hearing aid" means any wearable instrument | ||
or device designed, intended, or offered for the purpose of |
improving a person's hearing that may only be obtained with | ||
the involvement of a licensed hearing instrument professional. | ||
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .)
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(225 ILCS 50/4) (from Ch. 111, par. 7404)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 4. Disclosure; waiver; complaints; insurance. The | ||
hearing
instrument professional dispenser shall give at no | ||
charge to every person fitted
and sold a hearing aid | ||
instrument the "User Instructional Brochure",
supplied by the | ||
hearing aid instrument manufacturer containing
information | ||
required by
the U.S. Food and Drug Administration.
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All hearing instruments or hearing aids must be dispensed | ||
or sold in accordance with Food and Drug Administration and | ||
Federal Trade Commission regulations governing the dispensing | ||
and sale of personal sound amplification products or hearing | ||
aids. | ||
A consumer who purchases an over-the-counter hearing aid | ||
must be provided a sales receipt at the time of the | ||
transaction. | ||
Whenever a sale or service of one or more prescription | ||
hearing aids instrument involving $50
or more is made or | ||
contracted to be made, whether under a single contract
or | ||
under multiple contracts, at the time of the transaction, the | ||
hearing
instrument professional dispenser shall furnish the | ||
consumer with a fully
completed receipt or contract pertaining |
to that transaction, in
substantially the same language as | ||
that used in the oral presentation to
the consumer. The | ||
receipt or contract
provided to the consumer
shall contain (i) | ||
the hearing instrument professional's dispenser's name,
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license number, business address, business phone number, and
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signature; (ii) the name, address, and signature of the | ||
hearing instrument consumer; (iii)
and the name and signature | ||
of the purchaser if the
consumer and the purchaser are not the | ||
same person ; (iv) the hearing aid instrument
manufacturer's | ||
name, and the model and serial numbers; (v) the date of | ||
purchase;
and (vi) the
charges required to complete the terms | ||
of the sale , which must be fully and clearly
stated. When the | ||
hearing aid instrument is delivered to the consumer
or | ||
purchaser, the serial number shall be
written on the original | ||
receipt or contract and a copy shall be given to the
consumer | ||
or purchaser. If a used hearing instrument is sold, the
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receipt and the container thereof shall be clearly marked as | ||
"used" or
"reconditioned", whichever is applicable, with terms | ||
of guarantee, if any.
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All hearing instruments offered for sale must be | ||
accompanied
by a 30-business day return privilege. The receipt | ||
or contract
provided to the consumer
shall state
that the
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consumer has a right to return the hearing instrument for a | ||
refund within 30
business
days of the date of delivery. If a | ||
nonrefundable dispensing fee or restocking
fee, or both, will | ||
be withheld from the consumer in event of return, the terms
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must be clearly stated on the receipt or contract provided to | ||
the consumer.
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A hearing instrument dispenser shall not sell a
hearing | ||
instrument unless the prospective
user has presented to the | ||
hearing instrument dispenser
a written statement, signed by a | ||
licensed physician, which states
that the patient's hearing | ||
loss has been medically evaluated and the
patient is | ||
considered a candidate for a hearing instrument. The medical
| ||
evaluation must have taken place within the 6 months
| ||
immediately preceding the
date of the sale of the hearing | ||
instrument to the prospective hearing
instrument user.
If the | ||
prospective hearing instrument
user is 18 years of age or | ||
older, the hearing instrument dispenser
may afford the | ||
prospective user an opportunity to waive the medical
| ||
evaluation required by this Section, provided that the
hearing | ||
instrument dispenser:
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(i) Informs the prospective user that the exercise of | ||
a waiver
is not in the user's best health interest;
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(ii) Does not in any way actively encourage the | ||
prospective user to waive
the medical evaluation; and
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(iii) Affords the prospective user the option to sign
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the following
statement:
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"I have been advised by .................(hearing | ||
instrument dispenser's name)
that the Food and Drug | ||
Administration has determined that my best interest
| ||
would be served if I had a medical evaluation
by a |
licensed physician
(preferably a physician who | ||
specializes in diseases of the ear) before
purchasing | ||
a hearing instrument. I do not wish a
medical | ||
evaluation before purchasing a hearing instrument."
| ||
The hearing instrument professional dispenser or the | ||
professional's his or her employer shall
retain proof of the | ||
medical examination or the waiver for
at least
3
years from the | ||
date of the sale.
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If the parent or guardian of any individual under the age | ||
17 or under of 18 years is
a member of any church or religious | ||
denomination, whose tenets and practices
include reliance upon | ||
spiritual means through prayer alone and objects to
medical | ||
treatment and so states in writing to the hearing instrument | ||
professional dispenser ,
such individual shall undergo a | ||
hearing examination as provided by this
Section but no proof, | ||
ruling out any medically treatable problem causing
hearing | ||
loss, shall be required.
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All persons licensed under this Act shall have | ||
conspicuously displayed
in their business establishment a sign | ||
indicating that formal complaints
regarding hearing aid | ||
instrument goods or services may be made to the
Department.
| ||
Such sign shall give the address and telephone number of the | ||
Department.
All persons purchasing
hearing aids instruments | ||
shall be provided with a written statement
indicating that
| ||
formal complaints regarding hearing aid instrument goods or | ||
services
may be made to
the Department and disclosing the |
address and telephone
number of the
Department.
| ||
Any person wishing to make a complaint, against a hearing | ||
instrument
professional dispenser
under this Act, shall file | ||
it with the Department within 3 years from the
date of the | ||
action upon which the complaint is based. The Department shall
| ||
investigate all such complaints.
| ||
All persons licensed under this Act shall maintain | ||
liability insurance
as set forth by rule and shall be | ||
responsible for the annual calibration
of all audiometers in | ||
use by such persons. Such annual calibrations shall be
in | ||
conformance with the current standards set by American | ||
National Standard
Institute.
| ||
(Source: P.A. 91-932, eff. 1-1-01 .)
| ||
(225 ILCS 50/4.5 new) | ||
Sec. 4.5. Hearing aids dispensed by prescription to | ||
persons age 17 or younger. | ||
(a) A hearing instrument professional may dispense a | ||
hearing aid to a person age 17 or younger in accordance with | ||
the requirements of this Section. | ||
(b) A hearing instrument professional shall not sell a | ||
prescription hearing aid to anyone age 17 or younger unless | ||
the prospective user has presented to the hearing instrument | ||
professional a written statement, signed by a licensed | ||
physician, that states that the patient's hearing loss has | ||
been medically evaluated and the patient is considered a |
candidate for a hearing aid. The medical evaluation must have | ||
been performed within the 6 months immediately preceding the | ||
date of the sale of the hearing aid to the prospective hearing | ||
aid user. | ||
(c) A person age 17 or younger must be medically evaluated | ||
in person by a physician before receiving a prescription for a | ||
hearing aid. The evaluation must have been performed within | ||
the 6 months immediately preceding the date that the hearing | ||
aid is dispensed. | ||
(d) Following a medical evaluation by a licensed | ||
physician, a licensed audiologist or a licensed physician | ||
other than the evaluating physician may prescribe a | ||
prescription hearing aid for an individual age 17 or younger. | ||
A person age 17 or younger may not waive the medical evaluation | ||
or receipt of a prescription from a licensed audiologist or a | ||
licensed physician unless the person is replacing a lost or | ||
stolen hearing aid that is subject to warranty replacement. | ||
(e) A hearing aid prescription for individuals age 17 or | ||
younger issued by a licensed audiologist or a licensed | ||
physician other than the evaluating physician must include, at | ||
a minimum, the following information: | ||
(1) name of the patient; | ||
(2) documentation of medical evaluation by a | ||
physician; | ||
(3) date the prescription is issued; | ||
(4) expiration date of the prescription, which may not |
exceed 6 months from the date of issuance; | ||
(5) name and license number of the prescribing | ||
licensed audiologist or licensed physician; | ||
(6) results of the following assessments:
(i) | ||
age-appropriate pure-tone air conduction audiometry or | ||
results of auditory evoked potential testing, including, | ||
but not limited to, auditory brainstem response or | ||
otoacoustic emissions testing;
(ii) bone conduction | ||
testing, as age appropriate; and
(iii) recorded or live | ||
voice speech in quiet, as age appropriate; | ||
(7) documentation of type and style of hearing aid; | ||
and | ||
(8) documentation of medical necessity of the | ||
recommended features of a hearing aid. | ||
(225 ILCS 50/4.6 new) | ||
Sec. 4.6. Prescription hearing aids for persons age 18 or | ||
older. | ||
(a) A hearing instrument professional may dispense a | ||
hearing aid to a person age 18 or older in accordance with the | ||
requirements of this Section. | ||
(b) A person age 18 or older must be evaluated by a hearing | ||
instrument professional in person or via telehealth before | ||
receiving a prescription for a hearing aid. A person age 18 or | ||
older may not waive evaluation by a hearing instrument | ||
professional unless he or she is replacing a lost or stolen |
hearing aid that is subject to warranty replacement. | ||
(c) A hearing instrument professional shall not sell | ||
prescription hearing aid to anyone age 18 or older if the | ||
prospective user had a negative finding on the Consumer Ear | ||
Disease Risk Assessment or a similar standardized assessment. | ||
The prospective user who had a negative finding on the | ||
Consumer Ear Disease Risk Assessment or similar standardized | ||
assessment shall present to the hearing instrument | ||
professional a written statement, signed by a licensed | ||
physician, which states that the patient's hearing loss has | ||
been medically evaluated and the patient is considered a | ||
candidate for a prescription hearing aid. The medical | ||
evaluation must have been performed within the 12 months | ||
immediately preceding the date of the sale of the hearing aid | ||
to the prospective hearing aid user. | ||
(d) A hearing aid prescription for individuals age 18 or | ||
older must include, at a minimum, the following information: | ||
(1) name of the patient; | ||
(2) date the prescription is issued; | ||
(3) expiration date of the prescription, which may not | ||
exceed one year from the date of issuance; | ||
(4) name and license number of the prescribing hearing | ||
instrument professional; | ||
(5) results of the following assessments: | ||
(A) hearing handicap inventory or similar | ||
standardized, evidence-based tool; |
(B) pure-tone air conduction audiometry; | ||
(C) bone conduction testing or consumer ear | ||
disease risk assessment or a similar standardized | ||
evidence-based tool; | ||
(D) recorded speech in quiet, as medically | ||
appropriate; | ||
(E) recorded speech or digits in noise, as medical | ||
appropriate; | ||
(6) documentation of type and style of hearing aid; | ||
and | ||
(7) documentation of medical necessity of the | ||
recommended features of a hearing aid.
| ||
(225 ILCS 50/5) (from Ch. 111, par. 7405)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 5. License required. No person shall engage in the
| ||
selling, practice of testing, fitting, selecting, | ||
recommending, adapting,
dispensing, or servicing hearing aids | ||
instruments or display a sign, advertise, or
represent oneself | ||
as a person who practices the fitting or selling of hearing
| ||
aids instruments unless such person holds a current license | ||
issued by the Department
as provided in this Act. Such person | ||
shall be known as a licensed hearing
instrument dispenser. | ||
Individuals licensed pursuant to the provisions of
Section 8 | ||
of this Act shall be deemed qualified to provide tests of human
| ||
hearing and hearing aid instrument evaluations for the purpose |
of dispensing a
hearing aid instrument for which any State | ||
agency may contract. The license shall
be conspicuously | ||
displayed in the place of business. Duplicate licenses shall
| ||
be issued by the Department to licensees operating more than | ||
one office upon
the additional payment set forth in this Act. | ||
No hearing aids instrument manufacturer may distribute, sell, | ||
or otherwise provide hearing aids instruments to any | ||
unlicensed hearing instrument care professional for the | ||
purpose of selling hearing aids instruments to the consumer.
| ||
Except for violations of the provisions of this Act, or | ||
the rules
promulgated under it, nothing in this Act shall | ||
prohibit a corporation,
partnership, trust, association, or | ||
other entity from engaging in the
business of testing, | ||
fitting, servicing, selecting, dispensing, selling, or
| ||
offering for sale hearing aid instruments at retail without a | ||
license, provided it
employs only licensed individuals in the | ||
direct testing, fitting, servicing,
selecting, offering for | ||
sale, or dispensing of such products. Each such
corporation, | ||
partnership, trust, association, or other entity shall file | ||
with
the Department, prior to doing business in this State and | ||
by July 1 of each
calendar year thereafter, on forms | ||
prescribed by the Department, a list of all
licensed hearing | ||
instrument dispensers employed by it and a statement attesting
| ||
that it complies with this Act and the rules promulgated under | ||
it and the
regulations of the Federal Food and Drug | ||
Administration and the Federal Trade
Commission insofar as |
they are applicable.
| ||
(Source: P.A. 99-204, eff. 7-30-15.)
| ||
(225 ILCS 50/6) (from Ch. 111, par. 7406)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 6. Mail order and Internet sales. Nothing in this Act | ||
shall prohibit
a corporation, partnership,
trust, association, | ||
or other organization, maintaining an established
business
| ||
address, from engaging in the business of selling or offering | ||
for sale hearing
aids instruments at retail by mail or by | ||
Internet to persons 18 years of age or older
who have not
been | ||
examined
by a licensed physician or tested by a licensed | ||
hearing instrument
professional dispenser provided that:
| ||
(a) The organization is registered by the Department prior
| ||
to engaging
in business in this State and has paid the fee set | ||
forth in
this
Act.
| ||
(b) The organization files with the Department, prior to
| ||
registration
and annually thereafter, a Disclosure Statement | ||
containing the following:
| ||
(1) the name under which the organization is doing or | ||
intends to do
business
and the name of any affiliated | ||
company which the organization recommends
or will | ||
recommend to persons as a supplier of goods or services or | ||
in
connection with other business transactions of the | ||
organization;
| ||
(2) the organization's principal business address and |
the name and address
of its agent in this State authorized | ||
to receive service of process;
| ||
(3) the business form of the organization, whether | ||
corporate, partnership,
or otherwise and the state or | ||
other sovereign power under which the
organization is | ||
organized;
| ||
(4) the names of the directors or persons performing | ||
similar functions
and names and addresses of the chief | ||
executive officer, and the financial,
accounting, sales, | ||
and other principal executive officers, if the | ||
organization
is a corporation, association, or other | ||
similar entity; of all general
partners, if the | ||
organization is a partnership; and of the owner, if the
| ||
organization is a sole proprietorship, together with a | ||
statement of the
business background during the past 5 | ||
years for each such person;
| ||
(5) a statement as to whether the organization or any | ||
person identified
in the disclosure statement:
| ||
(i) has during the 5-year 5 year period | ||
immediately preceding the date of the
disclosure | ||
statement been convicted of a felony, pleaded nolo | ||
contendere
to a felony charge, or been held liable in a | ||
civil action by final judgment,
if such felony or | ||
civil action involved fraud, embezzlement, or
| ||
misappropriation of property, and a description | ||
thereof; or
|
(ii) is subject to any currently effective | ||
injunctive or restrictive
order
as a result of a | ||
proceeding or pending action brought by any government | ||
agency
or department, and a description thereof; or
| ||
(iii) is a defendant in any pending criminal or | ||
material civil action
relating to fraud, embezzlement, | ||
misappropriation of property or violations
of the | ||
antitrust or trade regulation laws of the United | ||
States or any state,
and a description thereof; or
| ||
(iv) has during the 5-year 5 year period | ||
immediately preceding the date of the
disclosure | ||
statement had entered against such person or | ||
organization a final
judgment in any material civil | ||
proceeding, and a description thereof; or
| ||
(v) has during the 5-year 5 year period | ||
immediately preceding the date of the
disclosure | ||
statement been adjudicated a bankrupt or reorganized | ||
due to
insolvency or was a principal executive officer | ||
or general partner of any
company that has been | ||
adjudicated a bankrupt or reorganized due to
| ||
insolvency during such 5-year 5 year period, and a | ||
description thereof;
| ||
(6) the length of time the organization and any | ||
predecessor of the
organization has conducted a business | ||
dealing with hearing aid instrument goods or services;
| ||
(7) a financial statement of the organization
as
of |
the close of the most recent fiscal year
of the | ||
organization. If the financial statement is filed later | ||
than 120
days following the close of the fiscal year of the | ||
organization it must
be accompanied by a statement of the | ||
organization of any material changes
in the financial | ||
condition of the organization;
| ||
(8) a general description of the business, including | ||
without limitation
a description of the goods, training | ||
programs, supervision, advertising,
promotion and other | ||
services provided by the organization;
| ||
(9) a statement of any compensation or other benefit | ||
given or promised
to a public figure arising, in whole or | ||
in part, from (i) the use of the
public figure in the name | ||
or symbol of the organization or (ii) the endorsement
or | ||
recommendation of the organization by the public figure in | ||
advertisements;
| ||
(10) a statement setting forth such additional | ||
information and such
comments
and explanations relative to | ||
the information contained in the disclosure
statement as | ||
the organization may desire to present. | ||
(b-5) If a device being sold does not meet the definition | ||
of an over-the-counter a hearing aid or a prescription hearing | ||
aid, instrument or hearing device as stated in this Act, the | ||
organization shall include a disclaimer in all written or | ||
electronic promotions. The disclaimer shall include the | ||
following language: |
"This is not a hearing instrument or hearing aid as | ||
defined in the Hearing Instrument Consumer Protection Act, | ||
but a personal sound amplification product amplifier and | ||
not intended to replace a properly fitted and calibrated | ||
hearing aid or treat hearing loss instrument .".
| ||
(c) The organization files with the Department prior to
| ||
registration
and annually thereafter a statement that it | ||
complies with
the Act, the rules
issued pursuant to it, and the | ||
regulations of the Federal Food and Drug
Administration and | ||
the Federal Trade Commission insofar as they are applicable.
| ||
(d) The organization files with the Department at the time
| ||
of
registration an irrevocable consent to service of process | ||
authorizing the
Department and any of its successors to be | ||
served any notice, process, or
pleading in any action or | ||
proceeding against the organization
arising out
of or in | ||
connection with any violation of this Act. Such service shall
| ||
have the effect of conferring personal jurisdiction over such | ||
organization
in any court of competent jurisdiction.
| ||
(e) Before dispensing a hearing aid by mail or over the | ||
Internet instrument to a resident
of this State, the | ||
organization informs (i) the parent or guardian of a person | ||
age 17 or younger that he or she must obtain a prescription | ||
issued by a licensed audiologist or licensed physician that | ||
meets the requirements of Section 4.5 or (ii) a person age 18 | ||
or older that he or she must obtain a prescription issued by a | ||
hearing instrument professional that meets the requirements of |
Section 4.6. the prospective users that they
need the | ||
following for proper fitting of a hearing instrument:
| ||
(1) the results of an audiogram performed within the | ||
past 6 months by a
licensed audiologist or a licensed | ||
hearing instrument dispenser; and
| ||
(2) an earmold impression obtained from the | ||
prospective user and taken by
a licensed hearing | ||
instrument dispenser or licensed audiologist.
| ||
(f) (Blank). The prospective user receives a medical | ||
evaluation or
the organization affords the prospective user an | ||
opportunity
to waive the medical
evaluation requirement of | ||
Section 4 of this Act and the testing requirement of
| ||
subsection (z) of Section 18, provided that
the
organization :
| ||
(1) informs the prospective user that the exercise of | ||
the waiver is not
in the user's best health interest;
| ||
(2) does not in any way actively encourage the | ||
prospective user to waive
the medical evaluation or test; | ||
and
| ||
(3) affords the prospective user the option to sign
| ||
the following
statement:
| ||
"I have been advised by .......... (hearing | ||
instrument
dispenser's name) that
the Food and Drug | ||
Administration and the State of Illinois have | ||
determined
that my best interest would be served if I | ||
had a medical
evaluation by a licensed physician, | ||
preferably a physician who
specialized in diseases of
|
the ear, before purchasing a hearing instrument; or a | ||
test by a licensed audiologist or licensed
hearing | ||
instrument
dispenser utilizing established procedures | ||
and instrumentation in the fitting
of hearing | ||
instruments. I do not wish either a medical evaluation
| ||
or test before
purchasing a hearing instrument."
| ||
(g) Where a sale, lease, or rental of prescription hearing | ||
aids are instruments is sold or contracted
to be sold to a | ||
consumer by mail order or via the Internet , the consumer may
| ||
void the contract or sale by notifying the seller within
45 | ||
business days following that day on which the hearing
aids | ||
instruments were mailed by the seller to the consumer and by
| ||
returning to the seller in its original condition any hearing
| ||
aids instrument
delivered to the consumer under the contract | ||
or sale.
At the time the hearing aid instrument is
mailed, the | ||
seller shall furnish the consumer
with a fully completed | ||
receipt or copy of any contract pertaining to the
sale that | ||
contains a "Notice of Cancellation" informing the
consumer | ||
that he or she
may cancel the sale at any time within 45 | ||
business days and
disclosing the
date of the mailing and the | ||
name,
address, and telephone number
of the seller. In | ||
immediate proximity to the space reserved in the
contract
for | ||
the signature of the consumer, or on the front page of the | ||
receipt if
a contract is not used, and in bold face type of a | ||
minimum size of 10
points, there shall be
a statement in | ||
substantially the following form:
|
"You, the buyer, may cancel this transaction at any | ||
time prior to
midnight
of the 45th business day after the | ||
date of this transaction. See
the attached
notice of | ||
cancellation form for an explanation of this right."
| ||
Attached to the receipt or contract shall be a completed | ||
form in
duplicate,
captioned "NOTICE OF CANCELLATION" which | ||
shall be easily detachable and
which shall contain in at least | ||
10 point bold face type the following
information
and | ||
statements in the same language as that used in the contract:
| ||
"NOTICE OF CANCELLATION
| ||
enter date of transaction
| ||
.........................
| ||
(DATE)
| ||
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | ||
OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
| ||
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | ||
BY YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | ||
RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU | ||
WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | ||
THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
| ||
PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST | ||
ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
| ||
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN | ||
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | ||
DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
| ||
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED |
AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER | ||
WRITTEN NOTICE, OR SEND A TELEGRAM,
TO (name of seller), | ||
AT (address of seller's place of business) AND (seller's
| ||
telephone number) NO LATER THAN MIDNIGHT OF | ||
...........(date).
| ||
I HEREBY CANCEL THIS TRANSACTION.
| ||
(Date)............
| ||
..................
| ||
(Buyers Signature)"
| ||
The written "Notice of Cancellation" may be sent by the | ||
consumer
to the
seller to cancel the contract. The 45-day | ||
period
does not commence until the consumer is furnished the | ||
Notice
of Cancellation
and
the address and phone number at | ||
which such notice to the seller can be given.
| ||
If the conditions of this Section are met, the seller must | ||
return to the
consumer the amount of any payment
made or | ||
consideration given under
the contract or for the merchandise | ||
less a nonrefundable
restocking fee.
| ||
It is an unlawful practice
for a seller to: (1) hold a | ||
consumer responsible for any liability or
obligation under any | ||
mail order transaction if the consumer claims not to have
| ||
received the merchandise unless the merchandise was sent by | ||
certified mail or
other delivery method by which the seller is | ||
provided with proof of delivery; (2) fail,
before
furnishing | ||
copies of the "Notice of Cancellation" to the
consumer, to | ||
complete both copies by entering the name of the seller, the
|
address of the seller's place of business, the seller's | ||
telephone number,
the date of the mailing, and the date, not | ||
earlier
than the 45th
business
day following the date of the | ||
mailing, by which the
consumer may give notice
of | ||
cancellation; (3) include in any contract or receipt any
| ||
confession of
judgment or any waiver of any of the rights to | ||
which the consumer is entitled
under this Section including | ||
specifically his right to cancel the
sale in accordance with | ||
the provisions of this Section; (4)
misrepresent
in any manner | ||
the consumer's right to cancel; (5) use any undue
influence,
| ||
coercion, or any other wilful act or representation to | ||
interfere with the
consumer's exercise of his rights under | ||
this Section; (6) fail or
refuse
to honor any valid notice of
| ||
cancellation and return of
merchandise
by a consumer and, | ||
within 10
business
days after the receipt of such
notice and | ||
merchandise
pertaining to such transaction,
to (i) refund | ||
payments made
under
the contract or sale, (ii) return any | ||
goods or property traded in, in
substantially as good | ||
condition as when received by the person, (iii)
cancel and | ||
return any negotiable instrument executed by the consumer in
| ||
connection with the contract or sale and take any action | ||
necessary or
appropriate to terminate promptly any security | ||
interest created in the
transaction; (7) negotiate, transfer, | ||
sell, or assign any note or
other
evidence of indebtedness to a | ||
finance company or other third party prior to the 50th | ||
business day following the day of the
mailing;
or (8) fail to |
provide the consumer of a hearing aid instrument with written
| ||
information stating the name, address, and telephone number of | ||
the Department
and informing the consumer that complaints | ||
regarding hearing aid instrument goods
or services may be made | ||
to the Department.
| ||
(h) The organization employs only licensed
hearing
| ||
instrument professionals dispensers in the
dispensing of | ||
hearing aids instruments and files with the Department,
by
| ||
January 1 of
each year, a list of all licensed hearing | ||
instrument professionals dispensers
employed by it.
| ||
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .)
| ||
(225 ILCS 50/7) (from Ch. 111, par. 7407)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 7. Exemptions.
| ||
(a) The following are exempt from this Act:
| ||
(1) Licensed physicians.
This exemption, however, does | ||
not apply to a physician's employee or
subcontractor who | ||
is not a
physician.
| ||
(2) Persons who only repair or manufacture hearing
| ||
instruments
and their
accessories for wholesale.
| ||
(b) Audiometers
used by persons exempt from this Act to | ||
dispense
hearing instruments must meet
the annual calibration | ||
requirements and current standards set by the American
| ||
National Standards Institute.
| ||
(c) Audiologists licensed under the Illinois |
Speech-Language Pathology
and Audiology Practice Act are | ||
exempt from licensure under this Act, but are
otherwise | ||
subject to the practices and provisions of this Act.
| ||
(d) Hearing aid technicians are exempt from licensure | ||
under this Act but are otherwise subject to the practices and | ||
provisions of this Act. | ||
(Source: P.A. 91-932, eff. 1-1-01 .)
| ||
(225 ILCS 50/8) (from Ch. 111, par. 7408)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 8. Applicant qualifications; examination.
| ||
(a) In order to protect persons who are deaf or hard of | ||
hearing, the Department
shall authorize or shall conduct an | ||
appropriate examination, which may be the International | ||
Hearing Society's licensure examination, for persons
who | ||
dispense, test, select, recommend, fit, or service hearing
| ||
aids instruments . The frequency of holding these examinations | ||
shall
be determined by the Department by rule. Those
who | ||
successfully pass such an examination shall be issued a | ||
license
as a hearing instrument dispenser, which shall be | ||
effective for
a 2-year period.
| ||
(b) Applicants shall be:
| ||
(1) at least 18 years of age;
| ||
(2) of good moral character;
| ||
(3) the holder of an associate's degree or the | ||
equivalent;
|
(4) free of contagious or infectious disease; and
| ||
(5) a citizen or person lawfully present in the United | ||
States.
| ||
Felony convictions of the applicant and findings against | ||
the applicant
involving matters set forth in Sections 17 and | ||
18 shall be considered in
determining moral character, but | ||
such a conviction or finding shall not make an
applicant | ||
ineligible to register for examination.
| ||
(c) Prior to engaging in the practice of prescribing, | ||
fitting, dispensing, or servicing
hearing aids instruments , an | ||
applicant
shall demonstrate, by means of written
and practical | ||
examinations, that such person is qualified to
practice the | ||
testing, selecting, recommending, fitting, selling, or
| ||
servicing of hearing aids instruments as defined in this
Act. | ||
An applicant must obtain a license within 12
months after | ||
passing either the written or practical examination, whichever | ||
is passed first, or must take and
pass those examinations | ||
again in order to be eligible to receive a license.
| ||
The Department shall, by rule, determine the conditions | ||
under which an
individual is examined.
| ||
(d) Proof of having met the minimum requirements of | ||
continuing education
as determined by the Board shall be | ||
required of all license renewals.
Pursuant to rule, the | ||
continuing education requirements may, upon petition to
the | ||
Board,
be waived in whole or in part if the hearing instrument | ||
dispenser
can demonstrate
that he or she served in the Coast |
Guard or Armed Forces, had an extreme
hardship, or obtained | ||
his or her license by examination or
endorsement within
the | ||
preceding renewal period.
| ||
(e) Persons applying for an initial
license
must | ||
demonstrate having earned, at a minimum, an associate degree | ||
or its equivalent from an
accredited institution of higher | ||
education that is recognized by the U.S. Department of | ||
Education or that meets the U.S. Department of Education | ||
equivalency as determined through a National Association of | ||
Credential Evaluation Services (NACES) member, and meet the | ||
other requirements of
this Section. In addition, the applicant | ||
must demonstrate the successful
completion of (1) 12 semester | ||
hours or 18 quarter hours of academic undergraduate
course | ||
work in an accredited institution consisting of 3 semester | ||
hours of
anatomy and physiology of the hearing mechanism, 3 | ||
semester hours of
hearing science, 3 semester hours of | ||
introduction to audiology, and 3 semester
hours of aural | ||
rehabilitation, or the quarter hour equivalent or (2) an | ||
equivalent program as determined by the Department that is | ||
consistent with the scope of practice of a hearing instrument | ||
dispenser as defined in Section 3 of this Act. Persons
| ||
licensed before January 1, 2003 who
have a valid license on | ||
that date may have their license renewed
without meeting the | ||
requirements of this subsection.
| ||
(Source: P.A. 102-1030, eff. 5-27-22.)
|
(225 ILCS 50/9) (from Ch. 111, par. 7409)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 9. Areas of examination. The examination required by | ||
Section 8
shall be set forth by rule and demonstrate the
| ||
applicant's technical qualifications by:
| ||
(a) Tests of knowledge in the following areas as they | ||
pertain to the
testing, selecting, recommending, fitting,
| ||
and selling of hearing aids instruments :
| ||
(1) characteristics of sound;
| ||
(2) the nature of the ear; and
| ||
(3) the function and maintenance of hearing aids | ||
instruments .
| ||
(b) Practical tests of proficiency in techniques as | ||
they
pertain to the fitting of hearing aids instruments | ||
shall be prescribed by the Department, set forth by rule, | ||
and include candidate qualifications in the following | ||
areas:
| ||
(1) pure tone audiometry including air conduction | ||
testing and bone
conduction testing;
| ||
(2) live voice or recorded voice speech | ||
audiometry, including speech
reception,
threshold | ||
testing and speech discrimination testing;
| ||
(3) masking;
| ||
(4) proper selection and adaptation of a hearing | ||
instrument;
| ||
(5) taking earmold impressions;
|
(6) proper maintenance procedures; and
| ||
(7) a general knowledge of the medical and | ||
physical contra-indications
to the use and fitting of | ||
a hearing aids instrument .
| ||
(c) Knowledge of the general medical and hearing | ||
rehabilitation facilities
in the area being served.
| ||
(d) Knowledge of the provisions of this Act and the | ||
rules promulgated
hereunder.
| ||
(Source: P.A. 96-683, eff. 1-1-10 .)
| ||
(225 ILCS 50/9.5) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 9.5. Trainees. | ||
(a) In order to receive a trainee license, a person must | ||
apply to the Department and provide acceptable evidence of his | ||
or her completion of the required courses pursuant to | ||
subsection (e) of Section 8 of this Act, or its equivalent as | ||
determined by the Department. A trainee license expires 12 | ||
months from the date of issue and is non-renewable. | ||
(b) A trainee shall perform the functions of a hearing | ||
instrument dispenser in accordance with the Department rules | ||
and only under the direct supervision of a hearing instrument | ||
dispenser or audiologist who is licensed in the State. For the | ||
purposes of this Section, "direct supervision" means that the | ||
licensed hearing instrument dispenser or audiologist shall | ||
give final approval to all work performed by the trainee and |
shall be physically present anytime the trainee has contact | ||
with the client. The licensed hearing instrument dispenser or | ||
audiologist is responsible for all of the work that is | ||
performed by the trainee. | ||
(c) The Department may limit the number of trainees that | ||
may be under the direct supervision of the same licensed | ||
hearing instrument dispenser or licensed audiologist.
| ||
(d) The Department may establish a trainee licensing fee | ||
by rule. | ||
(e) A trainee may be supervised by more than one licensed | ||
hearing instrument professional. The trainee must complete a | ||
hearing instrument consumer protection program license | ||
verification form for each supervising licensed hearing | ||
instrument professional. | ||
(Source: P.A. 98-827, eff. 1-1-15 .) | ||
(225 ILCS 50/12 new) | ||
Sec. 12. Hearing aid technicians. | ||
(a) Hearing aid technicians may be employed by a hearing | ||
instrument professional to assist in the dispensing and | ||
servicing of hearing instruments without a license. A hearing | ||
aid technician must work under the direct supervision of a | ||
licensed hearing instrument professional. | ||
(b) The duties of a hearing aid technician are limited to | ||
the following: | ||
(1) packaging and mailing earmold orders, repaired |
devices, and manufacturer or lab returns; | ||
(2) maintaining an inventory of supplies; | ||
(3) performing checks on hearing aids and other | ||
amplification devices and equipment; | ||
(4) troubleshooting and performing minor repairs to | ||
hearing aids, earmolds, and other amplification devices | ||
which do not alter the shape, sound characteristics, or | ||
performance of the device; | ||
(5) cleaning of hearing aids and other amplification | ||
devices; | ||
(6) performing electroacoustic analysis of hearing | ||
aids and other amplification devices; | ||
(7) instructing patients in proper use and care of | ||
hearing aids and other amplification devices; | ||
(8) demonstration of alerting and assistive listening | ||
devices; | ||
(9) performing infection control duties within the | ||
clinic or service; and | ||
(10) contacting hearing instrument manufacturers and | ||
suppliers regarding status of orders and repairs. | ||
(c) The licensed hearing instrument professional is | ||
responsible for all services performed by the hearing aid | ||
technician under the professional's direct supervision.
| ||
(225 ILCS 50/14) (from Ch. 111, par. 7414)
| ||
(Section scheduled to be repealed on January 1, 2026)
|
Sec. 14. Powers and duties of the Department. The powers | ||
and duties of
the Department are:
| ||
(a) To issue licenses and to administer examinations to | ||
applicants , which must be offered at least on a quarterly | ||
basis ;
| ||
(b) To license persons who are qualified to engage in the | ||
testing,
recommending, fitting, selling, and dispensing of | ||
hearing instruments;
| ||
(c) To provide the equipment and facilities necessary for | ||
the examination;
| ||
(d) To issue and to renew licenses;
| ||
(e) To suspend or revoke licenses or to take such other | ||
disciplinary action
as provided in this Act;
| ||
(f) To consider all recommendations and requests of the | ||
Board and to inform
it of all actions of the Department insofar | ||
as hearing instrument dispensers
are concerned, including any | ||
instances where the actions of the Department are
contrary to | ||
the recommendations of the Board;
| ||
(g) To promulgate rules necessary to implement this Act;
| ||
(h) (Blank); and
| ||
(i) To conduct such consumer education programs and | ||
awareness programs for
persons with a hearing impairment as | ||
may be recommended by the Board.
| ||
(Source: P.A. 91-932, eff. 1-1-01 .)
| ||
(225 ILCS 50/16) (from Ch. 111, par. 7416)
|
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 16. Hearing Instrument Consumer Protection Board. | ||
There shall be
established a Hearing Instrument Consumer | ||
Protection
Board which shall assist, advise and make | ||
recommendations to the Department.
| ||
The Board shall consist of 7 6 members who shall be | ||
residents of
Illinois.
One shall be a licensed physician who | ||
specializes in otology or otolaryngology;
one shall be a | ||
member of a consumer-oriented organization concerned with
the | ||
deaf or hard of hearing; one shall be from the general public, | ||
preferably a
senior citizen; 2 shall be licensed hearing | ||
instrument
dispensers who are
National Board Certified
Hearing
| ||
Instrument
Specialists; and 2 one shall be a licensed
| ||
audiologist. If a
vote of the Board results in a tie, the | ||
Director shall cast the deciding
vote.
| ||
Members of the Board shall be appointed by the Director | ||
after consultation
with appropriate professional organizations | ||
and consumer groups.
As soon as practical after the effective | ||
date of this amendatory Act of the 103rd General Assembly, the | ||
Director shall appoint the members of the Board. The term of | ||
office of each shall be 4 years. Before a member's term | ||
expires,
the Director shall appoint a successor to assume | ||
member's duties at the
expiration of his or her predecessor's | ||
term. A vacancy shall be filled by
appointment for the | ||
unexpired term. The members shall annually designate
one | ||
member as chairman. No member of the Board who has served 2
|
successive, full terms may be reappointed. The Director may | ||
remove
members for good cause.
| ||
Members of the Board shall receive reimbursement for | ||
actual and necessary
travel and for other expenses, not to | ||
exceed the limit established by the
Department.
| ||
(Source: P.A. 98-827, eff. 1-1-15 .)
| ||
(225 ILCS 50/17) (from Ch. 111, par. 7417)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 17. Duties of the Board. The Board shall advise the | ||
Department in
all matters relating
to this Act and shall | ||
assist as requested by the Director.
| ||
The Board shall respond to issues and problems relating to | ||
the improvement
of services to the deaf or hard of hearing and | ||
shall make such recommendations
as it considers advisable. It | ||
shall file an annual report with the Director
and shall meet at | ||
least twice a year.
The Board may meet at any time at the call | ||
of the chair.
| ||
The Board shall recommend specialized education programs | ||
for persons wishing
to become licensed as hearing instrument | ||
dispensers and shall,
by rule, establish
minimum standards of | ||
continuing education required for license
renewal. No more | ||
than 5 hours of continuing education credit per year,
however, | ||
can be obtained through programs sponsored by hearing | ||
instrument
manufacturers. Continuing education credit A | ||
minimum of 2 hours of continuing education credit per |
licensing period must include a minimum of (i) 2 hours be | ||
obtained in Illinois law and ethics , (ii) one hour in sexual | ||
harassment prevention training, and (iii) one hour in implicit | ||
bias awareness . Continuing education offered by a college, | ||
university, or bar association, the International Hearing | ||
Society, the American Academy of Audiology, the American | ||
Speech-Language-Hearing Association, the Illinois | ||
Speech-Language-Hearing Association, the Illinois Academy of | ||
Audiology, or the Illinois Hearing Society regarding Illinois | ||
law and ethics shall be accepted toward satisfaction of the | ||
Illinois law and ethics continuing education requirement.
| ||
The Board shall hear charges brought by any person against | ||
hearing instrument
dispensers and
shall recommend disciplinary | ||
action to the Director.
| ||
Members of the Board are immune from liability in any | ||
action based upon a
licensing proceeding or other act | ||
performed in good faith as a member of the
Board.
| ||
(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
| ||
(225 ILCS 50/18) (from Ch. 111, par. 7418)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 18. Discipline by the Department. The Department may | ||
refuse to
issue
or renew a license
or it may revoke, suspend, | ||
place on probation, censure, fine, or reprimand
a
licensee for | ||
any of the following:
| ||
(a) Material misstatement in furnishing information to |
the Department
or to any other State or federal agency.
| ||
(b) Violations of this Act, or the rules promulgated | ||
hereunder.
| ||
(c) Conviction of any crime under the laws of the | ||
United States or any
state or territory thereof which is a | ||
felony or misdemeanor, an essential
element of dishonesty, | ||
or of any crime which is directly related
to the practice | ||
of the profession.
| ||
(d) Making any misrepresentation for the purpose of | ||
obtaining a license
or renewing a license, including | ||
falsification of the
continuing education
requirement.
| ||
(e) Professional incompetence.
| ||
(f) Malpractice.
| ||
(g) Aiding or assisting another person in violating | ||
any provision of this
Act or the rules promulgated | ||
hereunder.
| ||
(h) Failing, within 30 days, to provide
in writing | ||
information in response to a written
request made by the | ||
Department.
| ||
(i) Engaging in dishonorable, unethical, or | ||
unprofessional conduct which
is likely to deceive, | ||
defraud, or harm the public.
| ||
(j) Knowingly employing, directly or indirectly, any | ||
suspended or
unlicensed person to perform any services | ||
covered by this Act.
| ||
(k) Habitual intoxication or addiction to the use of |
drugs.
| ||
(l) Discipline by another state, the District of | ||
Columbia, territory, or
a foreign nation, if at least one | ||
of the grounds for the discipline is the
same or | ||
substantially equivalent to those set forth herein.
| ||
(m) Directly or indirectly giving to or receiving from | ||
any person, firm,
corporation, partnership, or association | ||
any fee, commission, rebate,
or other
form of compensation | ||
for any service not actually rendered. Nothing in this | ||
paragraph (m) affects any bona fide independent contractor | ||
or employment arrangements among health care | ||
professionals, health facilities, health care providers, | ||
or other entities, except as otherwise prohibited by law. | ||
Any employment arrangements may include provisions for | ||
compensation, health insurance, pension, or other | ||
employment benefits for the provision of services within | ||
the scope of the licensee's practice under this Act. | ||
Nothing in this paragraph (m) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered.
| ||
(n) A finding by the Board that the licensee, after
| ||
having his or her license
placed on probationary status, | ||
has violated the terms of probation.
| ||
(o) Willfully making or filing false records or | ||
reports.
| ||
(p) Willfully failing to report an instance of |
suspected child abuse or
neglect as required by the Abused | ||
and Neglected Child Reporting Act.
| ||
(q) Physical illness, including, but not limited to, | ||
deterioration through
the aging process, or loss of motor | ||
skill which results in the inability
to practice the | ||
profession with reasonable judgement, skill or safety.
| ||
(r) Solicitation of services or products by | ||
advertising that is false
or misleading. An advertisement | ||
is false or misleading if it:
| ||
(1) contains an intentional misrepresentation of | ||
fact;
| ||
(2) contains a false statement as to the | ||
licensee's professional
achievements, education, | ||
skills, or qualifications in the hearing instrument
| ||
dispensing profession;
| ||
(3) makes a partial disclosure of a relevant fact, | ||
including:
| ||
(i) the advertisement of a discounted price of | ||
an item without
identifying in the advertisement | ||
or at the location of the item either the
specific | ||
product being offered at the discounted price or | ||
the usual price of
the item; and
| ||
(ii) the advertisement of the price of a | ||
specifically identified hearing
instrument if more | ||
than one hearing instrument appears in the same
| ||
advertisement without an accompanying price;
|
(4) contains a representation that a product | ||
innovation is new when, in
fact, the product was first | ||
offered by the manufacturer to the general public
in
| ||
this State not less than 12 months before the date of | ||
the advertisement;
| ||
(5) contains any other representation, statement, | ||
or claim that is
inherently misleading or deceptive; | ||
or
| ||
(6) contains information that the licensee | ||
manufactures hearing
instruments at the licensee's | ||
office location unless the following statement
| ||
includes a statement disclosing that the instruments | ||
are manufactured by a
specified manufacturer and | ||
assembled by the licensee.
| ||
(s) Participating in subterfuge or misrepresentation | ||
in the fitting or
servicing of a hearing instrument.
| ||
(t) (Blank).
| ||
(u) Representing that the service of a licensed | ||
physician or
other
health professional will be used
or | ||
made available in the fitting, adjustment, maintenance, or | ||
repair of
hearing
instruments or hearing aids when that is | ||
not true, or using the words "doctor",
"audiologist",
| ||
"clinic", "Clinical Audiologist", "Certified Hearing Aid | ||
Audiologist",
"State Licensed", "State
Certified", | ||
"Hearing Instrument Care Professional", "Licensed Hearing | ||
Instrument
Dispenser", "Licensed Hearing Aid
Dispenser", |
"Board
Certified Hearing Instrument Specialist", "Hearing | ||
Instrument Specialist",
"Licensed Audiologist", or
any | ||
other
term, abbreviation,
or symbol which would give the | ||
impression that service is being provided
by persons who | ||
are licensed or awarded a degree or title,
or that an | ||
entity utilizes the services of an individual who is | ||
licensed or has been awarded a degree or title, or that the | ||
person's service who
is holding the license has been | ||
recommended by a governmental agency
or health provider, | ||
when such is not the case.
| ||
(v) Advertising a manufacturer's product or using a
| ||
manufacturer's name
or trademark implying a relationship | ||
which does not exist.
| ||
(w) Directly or indirectly giving or offering
anything | ||
of value to any person who advises another in a | ||
professional capacity,
as an inducement to influence the | ||
purchase of a product sold or offered
for sale by a hearing | ||
instrument dispenser or influencing persons
to refrain | ||
from
dealing in the products of competitors.
| ||
(x) Conducting business while suffering from a | ||
contagious
disease.
| ||
(y) Engaging in the fitting or sale of hearing | ||
instruments under a name with
fraudulent intent.
| ||
(z) Dispensing a hearing instrument to a person who | ||
has
not been
given tests
utilizing appropriate established | ||
procedures and instrumentation in the
fitting of |
prescription hearing aids instruments, except where there | ||
is the
replacement of a
hearing instrument, of the same | ||
make and model within one year of the dispensing of the
| ||
original hearing instrument .
| ||
(aa) Unavailability or unwillingness to adequately | ||
provide for
service
or repair of hearing instruments or | ||
hearing aids fitted and sold by the
dispenser.
| ||
(bb) Violating the regulations of the Federal Food and | ||
Drug
Administration
or the Federal Trade Commission as | ||
they affect hearing aids or instruments.
| ||
(cc) Violating any provision of the Consumer Fraud and
| ||
Deceptive Business
Practices Act.
| ||
(dd) Violating the Health Care Worker Self-Referral | ||
Act. | ||
(ee) Failing to adequately supervise a hearing aid | ||
technician or allowing a hearing aid technician to | ||
practice beyond the hearing aid technician's training or | ||
the duties set forth in Section 12. | ||
(ff) Filing a false claim with a third-party payer. | ||
The Department, with the approval of the Board, may impose | ||
a fine not
to exceed $1,000 plus costs for the first violation | ||
and not to
exceed $5,000
plus costs for each subsequent | ||
violation of this Act, and the rules
promulgated hereunder, on | ||
any person or entity described in this Act.
Such fine may be | ||
imposed as an alternative to any other
disciplinary
measure, | ||
except for probation.
The imposition by the Department of a |
fine for any violation does
not bar
the violation from being | ||
alleged in subsequent disciplinary
proceedings.
Such fines | ||
shall be deposited in the Fund.
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
| ||
(225 ILCS 50/19) (from Ch. 111, par. 7419)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 19. Injunctions; civil penalties.
| ||
(a) The practice of prescribing, fitting, dispensing, and | ||
servicing hearing
instruments or hearing aids by any person | ||
not at that time in possession of a
valid and current
license | ||
under this Act is hereby declared to be a Class
A misdemeanor.
| ||
The Director of the Department, through
the Attorney General | ||
or the State's Attorney of any county, may maintain
an action | ||
in the name of the people of the State of Illinois
and may | ||
apply
for an injunction in the circuit court to enjoin
such | ||
person from engaging
in such practice. Any person may apply | ||
for an injunction in the circuit
court to enjoin a person from | ||
engaging without a license in practices for which
a license is | ||
required under this Act. Upon the filing of a verified | ||
petition
in such court, the court, if satisfied by affidavit | ||
or otherwise, that such
person has been engaged in such | ||
practice without a current license
to do
so, may enter a | ||
temporary restraining order without notice or bond, enjoining
| ||
the defendant from such further practice. A copy of the | ||
verified complaint
shall be served upon the defendant and the |
proceedings shall thereafter
be conducted as other civil | ||
cases. If it is established that the defendant
has been, or is | ||
engaged in any unlawful practice, the court may enter an
order | ||
or judgment perpetually enjoining the defendant from further | ||
such
practice. In all proceedings hereunder, the court, in its | ||
discretion, may
apportion the costs among the parties | ||
interested in the action, including
cost of filing the | ||
complaint, service of process, witness fees and
expenses, | ||
court reporter charges and reasonable attorneys fees. In case | ||
of
violation of any injunctive order entered pursuant to this | ||
Section, the
court , may try and punish the offender for | ||
contempt of court. Such
injunctive proceedings shall be in | ||
addition to all penalties and other
remedies in this Act. Any | ||
such costs that may accrue to the Department
shall be placed in | ||
the Fund.
| ||
(b) A person who engages in the selling of hearing
| ||
instruments or hearing aids or the practice
of
prescribing, | ||
fitting, dispensing, or servicing hearing instruments or | ||
hearing aids or displays a sign,
advertises,
or represents | ||
himself or herself as a person who practices the fitting and
| ||
selling of hearing instruments or hearing aids without being | ||
licensed or exempt under this Act
shall,
in addition to any | ||
other penalty provided by law, pay a civil penalty to the
| ||
Department in an amount not to exceed $5,000 for each offense, | ||
as determined by
the Department. The civil penalty shall be | ||
assessed by the Department after a
hearing is held in |
accordance with the provisions set forth in this Act
regarding | ||
the provision of a hearing for the discipline of a licensee.
| ||
(c) The Department may investigate any actual, alleged, or | ||
suspected
unlicensed activity.
| ||
(d) The civil penalty shall be paid within 60 days after | ||
the effective date
of the order imposing the civil penalty. | ||
The order shall constitute a judgment
and may be filed and | ||
execution had thereon in the same manner as any judgment
from | ||
any court of record.
| ||
(Source: P.A. 89-72, eff. 12-31-95 .)
| ||
(225 ILCS 50/20) (from Ch. 111, par. 7420)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 20. Inactive status. A hearing instrument
dispenser | ||
who notifies the Department, on
the prescribed forms, may | ||
place his or her license on
inactive status and
shall be exempt | ||
from payment of renewal fees until he or she notifies the
| ||
Department in writing, of the intention to resume the
practice | ||
of testing, fitting, dispensing, selecting, recommending, and
| ||
servicing hearing aids instruments and pays the current | ||
renewal fee
and demonstrates compliance with any continuing | ||
education that may be required.
However, if such period of | ||
inactive status is more than 2 years, the
hearing instrument | ||
dispenser shall also provide the Department with
sworn | ||
evidence certifying to active practice in another jurisdiction | ||
that is
satisfactory to the Department. If such person has not |
practiced in any
jurisdiction for 2 years or more, he or she | ||
shall be required to
restore his or her license by retaking and | ||
passing the examinations required
in Section 8. Any hearing | ||
instrument
dispenser whose license is on inactive status shall
| ||
not practice in Illinois.
| ||
(Source: P.A. 89-72, eff. 12-31-95 .)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2024.
|