Full Text of SB0767 103rd General Assembly
SB0767sam001 103RD GENERAL ASSEMBLY | Sen. Laura Fine Filed: 10/20/2023 | | 10300SB0767sam001 | | LRB103 03222 JDS 64729 a |
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| 1 | | AMENDMENT TO SENATE BILL 767
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 767 by replacing | 3 | | everything after the enacting clause with the following: | 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(from Ch. 111, par. 7403) | 8 | | (Text of Section before amendment by P.A. 103-495 ) | 9 | | (Section scheduled to be repealed on January 1, 2026) | 10 | | Sec. 3.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. |
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| 1 | | "Licensed audiologist" means a person licensed as an | 2 | | audiologist under the Illinois Speech-Language Pathology and | 3 | | Audiology Practice Act. | 4 | | "National Board Certified Hearing Instrument Specialist" | 5 | | means a person who has had at least 2 years in practice as a | 6 | | licensed hearing instrument dispenser and has been certified | 7 | | after qualification by examination by the National Board for | 8 | | Certification in Hearing Instruments Sciences. | 9 | | "Licensed physician" or "physician" means a physician | 10 | | licensed in Illinois to practice medicine in all of its | 11 | | branches pursuant to the Medical Practice Act of 1987. | 12 | | "Trainee" means a person who is licensed to perform the | 13 | | functions of a hearing instrument dispenser in accordance with | 14 | | the Department rules and only under the direct supervision of | 15 | | a hearing instrument dispenser or audiologist who is licensed | 16 | | in the State. | 17 | | "Board" means the Hearing Instrument Consumer Protection | 18 | | Board. | 19 | | "Hearing instrument" or "hearing aid" means any wearable | 20 | | instrument or device designed for or offered for the purpose | 21 | | of aiding or compensating for impaired human hearing and that | 22 | | can provide more than 15 dB full on gain via a 2cc coupler at | 23 | | any single frequency from 200 through 6000 cycles per second, | 24 | | and any parts, attachments, or accessories, including ear | 25 | | molds. "Hearing instrument" or "hearing aid" do not include | 26 | | batteries, cords, or group auditory training devices and any |
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| 1 | | instrument or device used by a public utility in providing | 2 | | telephone or other communication services are excluded. | 3 | | "Practice of fitting, dispensing, or servicing of hearing | 4 | | instruments" means the measurement of human hearing with an | 5 | | audiometer, calibrated to the current American National | 6 | | Standard Institute standards, for the purpose of making | 7 | | selections, recommendations, adaptions, services, or sales of | 8 | | hearing instruments including the making of earmolds as a part | 9 | | of the hearing instrument. | 10 | | "Sell" or "sale" means any transfer of title or of the | 11 | | right to use by lease, bailment, or any other contract, | 12 | | excluding wholesale transactions with distributors or dealers. | 13 | | "Hearing instrument dispenser" means a person who is a | 14 | | hearing care professional that engages in the selling, | 15 | | practice of fitting, selecting, recommending, dispensing, or | 16 | | servicing of hearing instruments or the testing for means of | 17 | | hearing instrument selection or who advertises or displays a | 18 | | sign or represents himself or herself as a person who | 19 | | practices the testing, fitting, selecting, servicing, | 20 | | dispensing, or selling of hearing instruments. | 21 | | "Fund" means the Hearing Instrument Dispenser Examining | 22 | | and Disciplinary Fund. | 23 | | "Hearing care professional" means a person who is a | 24 | | licensed audiologist, a licensed hearing instrument dispenser, | 25 | | or a licensed physician. | 26 | | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .) |
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| 1 | | (Text of Section after amendment by P.A. 103-495 ) | 2 | | (Section scheduled to be repealed on January 1, 2026) | 3 | | Sec. 3. Definitions. As used in this Act, except as the | 4 | | context requires otherwise: | 5 | | "Department" means the Department of Public Health. | 6 | | "Director" means the Director of the Department of Public | 7 | | Health. | 8 | | "Direct supervision" means the final approval given by the | 9 | | licensed hearing instrument professional to all work performed | 10 | | by the person under supervision and that the licensed hearing | 11 | | instrument professional is physically present in the facility | 12 | | any time the person under supervision has contact with a | 13 | | client. "Direct supervision" does not mean that the licensed | 14 | | hearing instrument professional is in the same room when the | 15 | | person under supervision has contact with the client. | 16 | | "Federal Trade Commission" means the United States federal | 17 | | agency which regulates business practices and commerce. | 18 | | "Food and Drug Administration" means the United States | 19 | | federal agency which regulates hearing instruments or hearing | 20 | | aids as medical devices. | 21 | | "License" means a license issued by the State under this | 22 | | Act to a hearing instrument dispenser. | 23 | | "Licensed audiologist" means a person licensed as an | 24 | | audiologist under the Illinois Speech-Language Pathology and | 25 | | Audiology Practice Act and who can prescribe hearing aids in |
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| 1 | | accordance with this Act. | 2 | | "National Board Certified Hearing Instrument Specialist" | 3 | | means a person who has had at least 2 years in practice as a | 4 | | licensed hearing instrument dispenser and has been certified | 5 | | after qualification by examination by the National Board for | 6 | | Certification in Hearing Instruments Sciences. | 7 | | "Licensed physician" or "physician" means a physician | 8 | | licensed in Illinois to practice medicine in all of its | 9 | | branches pursuant to the Medical Practice Act of 1987. | 10 | | "Trainee" means a person who is licensed to perform the | 11 | | functions of a hearing instrument dispenser or audiologist in | 12 | | accordance with the Department rules and only under the direct | 13 | | supervision of a hearing instrument dispenser or audiologist | 14 | | who is licensed in the State. | 15 | | "Board" means the Hearing Instrument Consumer Protection | 16 | | Board. | 17 | | "Hearing instrument" or "hearing aid" means any instrument | 18 | | or device, including an instrument or device dispensed | 19 | | pursuant to a prescription, that is designed, intended, or | 20 | | offered for the purpose of improving a person's hearing and | 21 | | any parts, attachments, or accessories, including earmolds. | 22 | | "Hearing instrument" or "hearing aid" does not include | 23 | | batteries, cords, and individual or group auditory training | 24 | | devices and any instrument or device used by a public utility | 25 | | in providing telephone or other communication services. | 26 | | "Involvement of a licensed hearing professional person " |
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| 1 | | refers to the supervision supervisor , prescription or other | 2 | | order , involvement , or interaction by a licensed hearing | 3 | | instrument professional. | 4 | | "Practice of prescribing, fitting, dispensing, or | 5 | | servicing of prescription hearing aids" means the measurement | 6 | | of human hearing with an audiometer, calibrated to the current | 7 | | American National Standard Institute standards, for the | 8 | | purpose of prescribing hearing aids and making selections, | 9 | | recommendations, adaptions, services, or sales of hearing aids | 10 | | including the making of earmolds as a part of the hearing aid. | 11 | | "Sell" or "sale" means any transfer of title or of the | 12 | | right to use by lease, bailment, or any other contract, | 13 | | excluding wholesale transactions with distributors or dealers. | 14 | | "Hearing instrument dispenser" means a person who is a | 15 | | hearing instrument professional that engages in the selling, | 16 | | practice of fitting, selecting, recommending, dispensing, | 17 | | prescribing, or servicing of prescription hearing aids or the | 18 | | testing for means of hearing aid selection or who advertises | 19 | | or displays a sign or represents himself or herself as a person | 20 | | who practices the testing, fitting, selecting, servicing, | 21 | | dispensing, prescribing, or selling of prescription hearing | 22 | | aids. | 23 | | "Fund" means the Hearing Instrument Dispenser Examining | 24 | | and Disciplinary Fund. | 25 | | "Hearing instrument professional" means a person who is a | 26 | | licensed audiologist, a licensed hearing instrument dispenser, |
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| 1 | | or a licensed physician. | 2 | | "Over-the-counter hearing aid" means any instrument or | 3 | | device that: | 4 | | (1) uses the same fundamental scientific technology as | 5 | | air conduction hearing aids, as defined in 21 CFR | 6 | | 874.3300, or wireless air conduction hearing aids, as | 7 | | defined in 21 CFR 874.3305; | 8 | | (2) is intended to be used by adults age 18 and older | 9 | | to compensate for perceived mild to moderate hearing | 10 | | impairment; | 11 | | (3) through tools, tests, or software, allows the user | 12 | | to control the over-the-counter hearing aid and customize | 13 | | it to the user's hearing needs; | 14 | | (4) may use wireless technology or include tests for | 15 | | self-assessment of hearing loss; and | 16 | | (5) is available over-the-counter, without the | 17 | | supervision, prescription, or other order, involvement, or | 18 | | intervention of a licensed person, to consumers through | 19 | | in-person transactions, by mail, or online. | 20 | | "Over-the-counter hearing aid" does not include batteries, | 21 | | cords, and individual or group auditory training devices or | 22 | | any instrument or device used by a public utility in providing | 23 | | telephone or other communication services. | 24 | | "Personal sound amplification product" means an | 25 | | amplification device, as defined by the Food and Drug | 26 | | Administration or the Federal Trade Commission, that is not |
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| 1 | | labeled as a hearing aid and is not intended to treat hearing | 2 | | loss. | 3 | | "Prescribe" means an order for a prescription hearing aid | 4 | | issued by a licensed hearing instrument professional. | 5 | | "Prescription hearing aid" means any wearable instrument | 6 | | or device designed, intended, or offered for the purpose of | 7 | | improving a person's hearing that may only be obtained with | 8 | | the involvement of a licensed hearing instrument professional. | 9 | | (Source: P.A. 103-495, eff. 1-1-24.) | 10 | | (225 ILCS 50/4) (from Ch. 111, par. 7404) | 11 | | (Text of Section before amendment by P.A. 103-495 ) | 12 | | (Section scheduled to be repealed on January 1, 2026) | 13 | | Sec. 4. Disclosure; waiver; complaints; insurance. The | 14 | | hearing instrument dispenser shall give at no charge to every | 15 | | person fitted and sold a hearing instrument the "User | 16 | | Instructional Brochure", supplied by the hearing instrument | 17 | | manufacturer containing information required by the U.S. Food | 18 | | and Drug Administration. | 19 | | Whenever a sale or service of one or more hearing | 20 | | instrument involving $50 or more is made or contracted to be | 21 | | made, whether under a single contract or under multiple | 22 | | contracts, at the time of the transaction, the hearing | 23 | | instrument dispenser shall furnish the consumer with a fully | 24 | | completed receipt or contract pertaining to that transaction, | 25 | | in substantially the same language as that used in the oral |
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| 1 | | presentation to the consumer. The receipt or contract provided | 2 | | to the consumer shall contain the dispenser's name, license | 3 | | number, business address, business phone number, and | 4 | | signature; the name, address, and signature of the hearing | 5 | | instrument consumer; and the name and signature of the | 6 | | purchaser if the consumer and the purchaser are not the same; | 7 | | the hearing instrument manufacturer's name, and the model and | 8 | | serial numbers; the date of purchase; and the charges required | 9 | | to complete the terms of the sale fully and clearly stated. | 10 | | When the hearing instrument is delivered to the consumer or | 11 | | purchaser, the serial number shall be written on the original | 12 | | receipt or contract and a copy shall be given to the consumer | 13 | | or purchaser. If a used hearing instrument is sold, the | 14 | | receipt and the container thereof shall be clearly marked as | 15 | | "used" or "reconditioned", whichever is applicable, with terms | 16 | | of guarantee, if any. | 17 | | All hearing instruments offered for sale must be | 18 | | accompanied by a 30-business day return privilege. The receipt | 19 | | or contract provided to the consumer shall state that the | 20 | | consumer has a right to return the hearing instrument for a | 21 | | refund within 30 business days of the date of delivery. If a | 22 | | nonrefundable dispensing fee or restocking fee, or both, will | 23 | | be withheld from the consumer in event of return, the terms | 24 | | must be clearly stated on the receipt or contract provided to | 25 | | the consumer. | 26 | | A hearing instrument dispenser shall not sell a hearing |
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| 1 | | instrument unless the prospective user has presented to the | 2 | | hearing instrument dispenser a written statement, signed by a | 3 | | licensed physician, which states that the patient's hearing | 4 | | loss has been medically evaluated and the patient is | 5 | | considered a candidate for a hearing instrument. The medical | 6 | | evaluation must have taken place within the 6 months | 7 | | immediately preceding the date of the sale of the hearing | 8 | | instrument to the prospective hearing instrument user. If the | 9 | | prospective hearing instrument user is 18 years of age or | 10 | | older, the hearing instrument dispenser may afford the | 11 | | prospective user an opportunity to waive the medical | 12 | | evaluation required by this Section, provided that the hearing | 13 | | instrument dispenser: | 14 | | (i) Informs the prospective user that the exercise of | 15 | | a waiver is not in the user's best health interest; | 16 | | (ii) Does not in any way actively encourage the | 17 | | prospective user to waive the medical evaluation; and | 18 | | (iii) Affords the prospective user the option to sign | 19 | | the following statement: | 20 | | "I have been advised by .................(hearing | 21 | | instrument dispenser's name) that the Food and Drug | 22 | | Administration has determined that my best interest | 23 | | would be served if I had a medical evaluation by a | 24 | | licensed physician (preferably a physician who | 25 | | specializes in diseases of the ear) before purchasing | 26 | | a hearing instrument. I do not wish a medical |
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| 1 | | evaluation before purchasing a hearing instrument." | 2 | | The hearing instrument dispenser or his or her employer | 3 | | shall retain proof of the medical examination or the waiver | 4 | | for at least 3 years from the date of the sale. | 5 | | If the parent or guardian of any individual under the age | 6 | | of 18 years is a member of any church or religious | 7 | | denomination, whose tenets and practices include reliance upon | 8 | | spiritual means through prayer alone and objects to medical | 9 | | treatment and so states in writing to the hearing instrument | 10 | | dispenser, such individual shall undergo a hearing examination | 11 | | as provided by this Section but no proof, ruling out any | 12 | | medically treatable problem causing hearing loss, shall be | 13 | | required. | 14 | | All persons licensed under this Act shall have | 15 | | conspicuously displayed in their business establishment a sign | 16 | | indicating that formal complaints regarding hearing instrument | 17 | | goods or services may be made to the Department. Such sign | 18 | | shall give the address and telephone number of the Department. | 19 | | All persons purchasing hearing instruments shall be provided | 20 | | with a written statement indicating that formal complaints | 21 | | regarding hearing instrument goods or services may be made to | 22 | | the Department and disclosing the address and telephone number | 23 | | of the Department. | 24 | | Any person wishing to make a complaint, against a hearing | 25 | | instrument dispenser under this Act, shall file it with the | 26 | | Department within 3 years from the date of the action upon |
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| 1 | | which the complaint is based. The Department shall investigate | 2 | | all such complaints. | 3 | | All persons licensed under this Act shall maintain | 4 | | liability insurance as set forth by rule and shall be | 5 | | responsible for the annual calibration of all audiometers in | 6 | | use by such persons. Such annual calibrations shall be in | 7 | | conformance with the current standards set by American | 8 | | National Standard Institute. | 9 | | (Source: P.A. 91-932, eff. 1-1-01 .) | 10 | | (Text of Section after amendment by P.A. 103-495 ) | 11 | | (Section scheduled to be repealed on January 1, 2026) | 12 | | Sec. 4. Disclosure; complaints; insurance. The hearing | 13 | | instrument professional shall give at no charge to every | 14 | | person fitted and sold a hearing aid the "User Instructional | 15 | | Brochure", supplied by the hearing aid manufacturer containing | 16 | | information required by the U.S. Food and Drug Administration. | 17 | | All hearing instruments or hearing aids must be dispensed | 18 | | or sold in accordance with Food and Drug Administration and | 19 | | Federal Trade Commission regulations governing the dispensing | 20 | | and sale of personal sound amplification products or hearing | 21 | | aids. | 22 | | A consumer who purchases an over-the-counter hearing aid | 23 | | must be provided a sales receipt at the time of the | 24 | | transaction. | 25 | | Whenever a sale of one or more prescription hearing aids |
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| 1 | | involving $50 or more is made or contracted to be made, whether | 2 | | under a single contract or under multiple contracts, at the | 3 | | time of the transaction, the hearing instrument professional | 4 | | shall furnish the consumer with a fully completed receipt or | 5 | | contract pertaining to that transaction, in substantially the | 6 | | same language as that used in the oral presentation to the | 7 | | consumer. The receipt or contract provided to the consumer | 8 | | shall contain (i) the hearing instrument professional's name, | 9 | | license number, business address, business phone number, and | 10 | | signature; (ii) the name, address, and signature of the | 11 | | hearing instrument consumer; (iii) the name and signature of | 12 | | the purchaser if the consumer and the purchaser are not the | 13 | | same person; (iv) the hearing aid manufacturer's name, and the | 14 | | model and serial numbers; (v) the date of purchase; and (vi) | 15 | | the charges required to complete the terms of the sale, which | 16 | | must be fully and clearly stated. When the hearing aid is | 17 | | delivered to the consumer or purchaser, the serial number | 18 | | shall be written on the original receipt or contract and a copy | 19 | | shall be given to the consumer or purchaser. If a used hearing | 20 | | instrument is sold, the receipt and the container thereof | 21 | | shall be clearly marked as "used" or "reconditioned", | 22 | | whichever is applicable, with terms of guarantee, if any. | 23 | | The hearing instrument professional or the professional's | 24 | | employer shall retain proof of the medical examination for at | 25 | | least 3 years from the date of the sale. | 26 | | All hearing instruments offered for sale must be |
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| 1 | | accompanied by a 30-business day return privilege. The receipt | 2 | | or contract provided to the consumer shall state that the | 3 | | consumer has a right to return the hearing instrument for a | 4 | | refund within 30 business days of the date of delivery. If a | 5 | | nonrefundable dispensing fee or restocking fee, or both, will | 6 | | be withheld from the consumer in event of return, the terms | 7 | | must be clearly stated on the receipt or contract provided to | 8 | | the consumer. For purposes of this paragraph, "business day" | 9 | | means any calendar day except Saturday, Sunday, or a federal | 10 | | holiday. | 11 | | If the parent or guardian of any individual age 17 or under | 12 | | is a member of any church or religious denomination, whose | 13 | | tenets and practices include reliance upon spiritual means | 14 | | through prayer alone and objects to medical treatment and so | 15 | | states in writing to the hearing instrument professional, such | 16 | | individual shall undergo a hearing examination as provided by | 17 | | this Section but no proof, ruling out any medically treatable | 18 | | problem causing hearing loss, shall be required. | 19 | | All persons licensed under this Act shall have | 20 | | conspicuously displayed in their business establishment a sign | 21 | | indicating that formal complaints regarding hearing aid goods | 22 | | or services may be made to the Department. Such sign shall give | 23 | | the address and telephone number of the Department. All | 24 | | persons purchasing hearing aids shall be provided with a | 25 | | written statement indicating that formal complaints regarding | 26 | | hearing aid goods or services may be made to the Department and |
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| 1 | | disclosing the address and telephone number of the Department. | 2 | | Any person wishing to make a complaint , against a hearing | 3 | | instrument professional under this Act , shall file it with the | 4 | | Department within 3 years from the date of the action upon | 5 | | which the complaint is based. The Department shall investigate | 6 | | all such complaints. | 7 | | All persons licensed under this Act shall maintain | 8 | | liability insurance as set forth by rule and shall be | 9 | | responsible for the annual calibration of all audiometers in | 10 | | use by such persons. Such annual calibrations shall be in | 11 | | conformance with the current standards set by American | 12 | | National Standard Institute. | 13 | | (Source: P.A. 103-495, eff. 1-1-24.) | 14 | | (225 ILCS 50/4.6) | 15 | | (This Section may contain text from a Public Act with a | 16 | | delayed effective date ) | 17 | | (Section scheduled to be repealed on January 1, 2026) | 18 | | Sec. 4.6. Prescription hearing aids for persons age 18 or | 19 | | older. | 20 | | (a) A hearing instrument professional may dispense a | 21 | | hearing aid to a person age 18 or older in accordance with the | 22 | | requirements of this Section. | 23 | | (b) A person age 18 or older must be evaluated by a hearing | 24 | | instrument professional in person or via telehealth before | 25 | | receiving a prescription for a hearing aid. A person age 18 or |
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| 1 | | older may not waive evaluation by a hearing instrument | 2 | | professional unless he or she is replacing a lost or stolen | 3 | | hearing aid that is subject to warranty replacement. | 4 | | (c) A hearing instrument professional shall not sell | 5 | | prescription hearing aid to anyone age 18 or older if the | 6 | | prospective user had a negative finding on the Consumer Ear | 7 | | Disease Risk Assessment or a similar standardized assessment. | 8 | | The prospective user who had a negative finding on the | 9 | | Consumer Ear Disease Risk Assessment or similar standardized | 10 | | assessment shall present to the hearing instrument | 11 | | professional a written statement, signed by a licensed | 12 | | physician, which states that the patient's hearing loss has | 13 | | been medically evaluated and the patient is considered a | 14 | | candidate for a prescription hearing aid. The medical | 15 | | evaluation must have been performed within the 12 months | 16 | | immediately preceding the date of the sale of the hearing aid | 17 | | to the prospective hearing aid user. | 18 | | (d) A hearing aid prescription for individuals age 18 or | 19 | | older must include, at a minimum, the following information: | 20 | | (1) name of the patient; | 21 | | (2) date the prescription is issued; | 22 | | (3) expiration date of the prescription, which may not | 23 | | exceed one year from the date of issuance; | 24 | | (4) name and license number of the prescribing hearing | 25 | | instrument professional; | 26 | | (5) results of the following assessments: |
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| 1 | | (A) hearing handicap inventory or similar | 2 | | standardized, evidence-based tool; | 3 | | (B) pure-tone air conduction audiometry; | 4 | | (C) bone conduction testing or consumer ear | 5 | | disease risk assessment or a similar standardized | 6 | | evidence-based tool; | 7 | | (D) recorded speech in quiet, as medically | 8 | | appropriate; | 9 | | (E) recorded speech or digits in noise, as | 10 | | medically medical appropriate; | 11 | | (6) documentation of type and style of hearing aid; | 12 | | and | 13 | | (7) documentation of medical necessity of the | 14 | | recommended features of a hearing aid. | 15 | | (Source: P.A. 103-495, eff. 1-1-24.) | 16 | | (225 ILCS 50/5) (from Ch. 111, par. 7405) | 17 | | (Text of Section before amendment by P.A. 103-495 ) | 18 | | (Section scheduled to be repealed on January 1, 2026) | 19 | | Sec. 5. License required. No person shall engage in the | 20 | | selling, practice of testing, fitting, selecting, | 21 | | recommending, adapting, dispensing, or servicing hearing | 22 | | instruments or display a sign, advertise, or represent oneself | 23 | | as a person who practices the fitting or selling of hearing | 24 | | instruments unless such person holds a current license issued | 25 | | by the Department as provided in this Act. Such person shall be |
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| 1 | | known as a licensed hearing instrument dispenser. Individuals | 2 | | licensed pursuant to the provisions of Section 8 of this Act | 3 | | shall be deemed qualified to provide tests of human hearing | 4 | | and hearing instrument evaluations for the purpose of | 5 | | dispensing a hearing instrument for which any State agency may | 6 | | contract. The license shall be conspicuously displayed in the | 7 | | place of business. Duplicate licenses shall be issued by the | 8 | | Department to licensees operating more than one office upon | 9 | | the additional payment set forth in this Act. No hearing | 10 | | instrument manufacturer may distribute, sell, or otherwise | 11 | | provide hearing instruments to any unlicensed hearing care | 12 | | professional for the purpose of selling hearing instruments to | 13 | | the consumer. | 14 | | Except for violations of the provisions of this Act, or | 15 | | the rules promulgated under it, nothing in this Act shall | 16 | | prohibit a corporation, partnership, trust, association, or | 17 | | other entity from engaging in the business of testing, | 18 | | fitting, servicing, selecting, dispensing, selling, or | 19 | | offering for sale hearing instruments at retail without a | 20 | | license, provided it employs only licensed individuals in the | 21 | | direct testing, fitting, servicing, selecting, offering for | 22 | | sale, or dispensing of such products. Each such corporation, | 23 | | partnership, trust, association, or other entity shall file | 24 | | with the Department, prior to doing business in this State and | 25 | | by July 1 of each calendar year thereafter, on forms | 26 | | prescribed by the Department, a list of all licensed hearing |
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| 1 | | instrument dispensers employed by it and a statement attesting | 2 | | that it complies with this Act and the rules promulgated under | 3 | | it and the regulations of the Federal Food and Drug | 4 | | Administration and the Federal Trade Commission insofar as | 5 | | they are applicable. | 6 | | (Source: P.A. 99-204, eff. 7-30-15.) | 7 | | (Text of Section after amendment by P.A. 103-495 ) | 8 | | (Section scheduled to be repealed on January 1, 2026) | 9 | | Sec. 5. License required. No person shall engage in the | 10 | | selling, practice of testing, fitting, selecting, | 11 | | recommending, adapting, dispensing, or servicing hearing aids | 12 | | or display a sign, advertise, or represent oneself as a person | 13 | | who practices the fitting or selling of hearing aids unless | 14 | | such person holds a current license issued by the Department | 15 | | as provided in this Act. Such person shall be known as a | 16 | | licensed hearing instrument dispenser. Individuals licensed | 17 | | pursuant to the provisions of Section 8 of this Act shall be | 18 | | deemed qualified to provide tests of human hearing and hearing | 19 | | aid evaluations for the purpose of dispensing a hearing aid | 20 | | for which any State agency may contract. The license shall be | 21 | | conspicuously displayed in the place of business. Duplicate | 22 | | licenses shall be issued by the Department to licensees | 23 | | operating more than one office upon the additional payment set | 24 | | forth in this Act. No hearing aids manufacturer may | 25 | | distribute, sell, or otherwise provide hearing aids to any |
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| 1 | | unlicensed hearing instrument professional for the purpose of | 2 | | selling hearing aids to the consumer. | 3 | | Except for violations of the provisions of this Act, or | 4 | | the rules promulgated under it, nothing in this Act shall | 5 | | prohibit a corporation, partnership, trust, association, or | 6 | | other entity from engaging in the business of testing, | 7 | | fitting, servicing, selecting, dispensing, selling, or | 8 | | offering for sale hearing aids aid at retail without a | 9 | | license, provided it employs only licensed individuals in the | 10 | | direct testing, fitting, servicing, selecting, offering for | 11 | | sale, or dispensing of such products. Each such corporation, | 12 | | partnership, trust, association, or other entity shall file | 13 | | with the Department, prior to doing business in this State and | 14 | | by July 1 of each calendar year thereafter, on forms | 15 | | prescribed by the Department, a list of all licensed hearing | 16 | | instrument dispensers employed by it and a statement attesting | 17 | | that it complies with this Act and the rules promulgated under | 18 | | it and the regulations of the Federal Food and Drug | 19 | | Administration and the Federal Trade Commission insofar as | 20 | | they are applicable. | 21 | | (Source: P.A. 103-495, eff. 1-1-24.) | 22 | | (225 ILCS 50/6) (from Ch. 111, par. 7406) | 23 | | (Text of Section before amendment by P.A. 103-495 ) | 24 | | (Section scheduled to be repealed on January 1, 2026) | 25 | | Sec. 6. Mail order and Internet sales. Nothing in this Act |
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| 1 | | shall prohibit a corporation, partnership, trust, association, | 2 | | or other organization, maintaining an established business | 3 | | address, from engaging in the business of selling or offering | 4 | | for sale hearing instruments at retail by mail or by Internet | 5 | | to persons 18 years of age or older who have not been examined | 6 | | by a licensed physician or tested by a licensed hearing | 7 | | instrument dispenser provided that: | 8 | | (a) The organization is registered by the Department prior | 9 | | to engaging in business in this State and has paid the fee set | 10 | | forth in this Act. | 11 | | (b) The organization files with the Department, prior to | 12 | | registration and annually thereafter, a Disclosure Statement | 13 | | containing the following: | 14 | | (1) the name under which the organization is doing or | 15 | | intends to do business and the name of any affiliated | 16 | | company which the organization recommends or will | 17 | | recommend to persons as a supplier of goods or services or | 18 | | in connection with other business transactions of the | 19 | | organization; | 20 | | (2) the organization's principal business address and | 21 | | the name and address of its agent in this State authorized | 22 | | to receive service of process; | 23 | | (3) the business form of the organization, whether | 24 | | corporate, partnership, or otherwise and the state or | 25 | | other sovereign power under which the organization is | 26 | | organized; |
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| 1 | | (4) the names of the directors or persons performing | 2 | | similar functions and names and addresses of the chief | 3 | | executive officer, and the financial, accounting, sales, | 4 | | and other principal executive officers, if the | 5 | | organization is a corporation, association, or other | 6 | | similar entity; of all general partners, if the | 7 | | organization is a partnership; and of the owner, if the | 8 | | organization is a sole proprietorship, together with a | 9 | | statement of the business background during the past 5 | 10 | | years for each such person; | 11 | | (5) a statement as to whether the organization or any | 12 | | person identified in the disclosure statement: | 13 | | (i) has during the 5 year period immediately | 14 | | preceding the date of the disclosure statement been | 15 | | convicted of a felony, pleaded nolo contendere to a | 16 | | felony charge, or been held liable in a civil action by | 17 | | final judgment, if such felony or civil action | 18 | | involved fraud, embezzlement, or misappropriation of | 19 | | property, and a description thereof; or | 20 | | (ii) is subject to any currently effective | 21 | | injunctive or restrictive order as a result of a | 22 | | proceeding or pending action brought by any government | 23 | | agency or department, and a description thereof; or | 24 | | (iii) is a defendant in any pending criminal or | 25 | | material civil action relating to fraud, embezzlement, | 26 | | misappropriation of property or violations of the |
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| 1 | | antitrust or trade regulation laws of the United | 2 | | States or any state, and a description thereof; or | 3 | | (iv) has during the 5 year period immediately | 4 | | preceding the date of the disclosure statement had | 5 | | entered against such person or organization a final | 6 | | judgment in any material civil proceeding, and a | 7 | | description thereof; or | 8 | | (v) has during the 5 year period immediately | 9 | | preceding the date of the disclosure statement been | 10 | | adjudicated a bankrupt or reorganized due to | 11 | | insolvency or was a principal executive officer or | 12 | | general partner of any company that has been | 13 | | adjudicated a bankrupt or reorganized due to | 14 | | insolvency during such 5 year period, and a | 15 | | description thereof; | 16 | | (6) the length of time the organization and any | 17 | | predecessor of the organization has conducted a business | 18 | | dealing with hearing instrument goods or services; | 19 | | (7) a financial statement of the organization as of | 20 | | the close of the most recent fiscal year of the | 21 | | organization. If the financial statement is filed later | 22 | | than 120 days following the close of the fiscal year of the | 23 | | organization it must be accompanied by a statement of the | 24 | | organization of any material changes in the financial | 25 | | condition of the organization; | 26 | | (8) a general description of the business, including |
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| 1 | | without limitation a description of the goods, training | 2 | | programs, supervision, advertising, promotion and other | 3 | | services provided by the organization; | 4 | | (9) a statement of any compensation or other benefit | 5 | | given or promised to a public figure arising, in whole or | 6 | | in part, from (i) the use of the public figure in the name | 7 | | or symbol of the organization or (ii) the endorsement or | 8 | | recommendation of the organization by the public figure in | 9 | | advertisements; | 10 | | (10) a statement setting forth such additional | 11 | | information and such comments and explanations relative to | 12 | | the information contained in the disclosure statement as | 13 | | the organization may desire to present. | 14 | | (b-5) If a device being sold does not meet the definition | 15 | | of a hearing instrument or hearing device as stated in this | 16 | | Act, the organization shall include a disclaimer in all | 17 | | written or electronic promotions. The disclaimer shall include | 18 | | the following language: | 19 | | "This is not a hearing instrument or hearing aid as | 20 | | defined in the Hearing Instrument Consumer Protection Act, | 21 | | but a personal amplifier and not intended to replace a | 22 | | properly fitted and calibrated hearing instrument.". | 23 | | (c) The organization files with the Department prior to | 24 | | registration and annually thereafter a statement that it | 25 | | complies with the Act, the rules issued pursuant to it, and the | 26 | | regulations of the Federal Food and Drug Administration and |
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| 1 | | the Federal Trade Commission insofar as they are applicable. | 2 | | (d) The organization files with the Department at the time | 3 | | of registration an irrevocable consent to service of process | 4 | | authorizing the Department and any of its successors to be | 5 | | served any notice, process, or pleading in any action or | 6 | | proceeding against the organization arising out of or in | 7 | | connection with any violation of this Act. Such service shall | 8 | | have the effect of conferring personal jurisdiction over such | 9 | | organization in any court of competent jurisdiction. | 10 | | (e) Before dispensing a hearing instrument to a resident | 11 | | of this State, the organization informs the prospective users | 12 | | that they need the following for proper fitting of a hearing | 13 | | instrument: | 14 | | (1) the results of an audiogram performed within the | 15 | | past 6 months by a licensed audiologist or a licensed | 16 | | hearing instrument dispenser; and | 17 | | (2) an earmold impression obtained from the | 18 | | prospective user and taken by a licensed hearing | 19 | | instrument dispenser or licensed audiologist. | 20 | | (f) The prospective user receives a medical evaluation or | 21 | | the organization affords the prospective user an opportunity | 22 | | to waive the medical evaluation requirement of Section 4 of | 23 | | this Act and the testing requirement of subsection (z) of | 24 | | Section 18, provided that the organization: | 25 | | (1) informs the prospective user that the exercise of | 26 | | the waiver is not in the user's best health interest; |
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| 1 | | (2) does not in any way actively encourage the | 2 | | prospective user to waive the medical evaluation or test; | 3 | | and | 4 | | (3) affords the prospective user the option to sign | 5 | | the following statement: | 6 | | "I have been advised by .......... (hearing | 7 | | instrument dispenser's name) that the Food and Drug | 8 | | Administration and the State of Illinois have | 9 | | determined that my best interest would be served if I | 10 | | had a medical evaluation by a licensed physician, | 11 | | preferably a physician who specialized in diseases of | 12 | | the ear, before purchasing a hearing instrument; or a | 13 | | test by a licensed audiologist or licensed hearing | 14 | | instrument dispenser utilizing established procedures | 15 | | and instrumentation in the fitting of hearing | 16 | | instruments. I do not wish either a medical evaluation | 17 | | or test before purchasing a hearing instrument." | 18 | | (g) Where a sale, lease, or rental of hearing instruments | 19 | | is sold or contracted to be sold to a consumer by mail order, | 20 | | the consumer may void the contract or sale by notifying the | 21 | | seller within 45 business days following that day on which the | 22 | | hearing instruments were mailed by the seller to the consumer | 23 | | and by returning to the seller in its original condition any | 24 | | hearing instrument delivered to the consumer under the | 25 | | contract or sale. At the time the hearing instrument is | 26 | | mailed, the seller shall furnish the consumer with a fully |
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| 1 | | completed receipt or copy of any contract pertaining to the | 2 | | sale that contains a "Notice of Cancellation" informing the | 3 | | consumer that he or she may cancel the sale at any time within | 4 | | 45 business days and disclosing the date of the mailing and the | 5 | | name, address, and telephone number of the seller. In | 6 | | immediate proximity to the space reserved in the contract for | 7 | | the signature of the consumer, or on the front page of the | 8 | | receipt if a contract is not used, and in bold face type of a | 9 | | minimum size of 10 points, there shall be a statement in | 10 | | substantially the following form: | 11 | | "You, the buyer, may cancel this transaction at any | 12 | | time prior to midnight of the 45th business day after the | 13 | | date of this transaction. See the attached notice of | 14 | | cancellation form for an explanation of this right." | 15 | | Attached to the receipt or contract shall be a completed | 16 | | form in duplicate, captioned "NOTICE OF CANCELLATION" which | 17 | | shall be easily detachable and which shall contain in at least | 18 | | 10 point bold face type the following information and | 19 | | statements in the same language as that used in the contract: | 20 | | "NOTICE OF CANCELLATION | 21 | | enter date of transaction | 22 | | ......................... | 23 | | (DATE) | 24 | | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | 25 | | OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | 26 | | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE |
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| 1 | | BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | 2 | | RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | 3 | | WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | 4 | | THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | 5 | | PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | 6 | | ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | 7 | | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | 8 | | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | 9 | | DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | 10 | | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | 11 | | AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | 12 | | WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | 13 | | AT (address of seller's place of business) AND (seller's | 14 | | telephone number) NO LATER THAN MIDNIGHT OF | 15 | | ...........(date). | 16 | | I HEREBY CANCEL THIS TRANSACTION. | 17 | | (Date)............
| 18 | | ..................
| 19 | | (Buyers Signature)" | 20 | | The written "Notice of Cancellation" may be sent by the | 21 | | consumer to the seller to cancel the contract. The 45-day | 22 | | period does not commence until the consumer is furnished the | 23 | | Notice of Cancellation and the address and phone number at | 24 | | which such notice to the seller can be given. | 25 | | If the conditions of this Section are met, the seller must | 26 | | return to the consumer the amount of any payment made or |
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| 1 | | consideration given under the contract or for the merchandise | 2 | | less a nonrefundable restocking fee. | 3 | | It is an unlawful practice for a seller to: (1) hold a | 4 | | consumer responsible for any liability or obligation under any | 5 | | mail order transaction if the consumer claims not to have | 6 | | received the merchandise unless the merchandise was sent by | 7 | | certified mail or other delivery method by which the seller is | 8 | | provided with proof of delivery; (2) fail, before furnishing | 9 | | copies of the "Notice of Cancellation" to the consumer, to | 10 | | complete both copies by entering the name of the seller, the | 11 | | address of the seller's place of business, the seller's | 12 | | telephone number, the date of the mailing, and the date, not | 13 | | earlier than the 45th business day following the date of the | 14 | | mailing, by which the consumer may give notice of | 15 | | cancellation; (3) include in any contract or receipt any | 16 | | confession of judgment or any waiver of any of the rights to | 17 | | which the consumer is entitled under this Section including | 18 | | specifically his right to cancel the sale in accordance with | 19 | | the provisions of this Section; (4) misrepresent in any manner | 20 | | the consumer's right to cancel; (5) use any undue influence, | 21 | | coercion, or any other wilful act or representation to | 22 | | interfere with the consumer's exercise of his rights under | 23 | | this Section; (6) fail or refuse to honor any valid notice of | 24 | | cancellation and return of merchandise by a consumer and, | 25 | | within 10 business days after the receipt of such notice and | 26 | | merchandise pertaining to such transaction, to (i) refund |
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| 1 | | payments made under the contract or sale, (ii) return any | 2 | | goods or property traded in, in substantially as good | 3 | | condition as when received by the person, (iii) cancel and | 4 | | return any negotiable instrument executed by the consumer in | 5 | | connection with the contract or sale and take any action | 6 | | necessary or appropriate to terminate promptly any security | 7 | | interest created in the transaction; (7) negotiate, transfer, | 8 | | sell, or assign any note or other evidence of indebtedness to a | 9 | | finance company or other third party prior to the 50th | 10 | | business day following the day of the mailing; or (8) fail to | 11 | | provide the consumer of a hearing instrument with written | 12 | | information stating the name, address, and telephone number of | 13 | | the Department and informing the consumer that complaints | 14 | | regarding hearing instrument goods or services may be made to | 15 | | the Department. | 16 | | (h) The organization employs only licensed hearing | 17 | | instrument dispensers in the dispensing of hearing instruments | 18 | | and files with the Department, by January 1 of each year, a | 19 | | list of all licensed hearing instrument dispensers employed by | 20 | | it. | 21 | | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .) | 22 | | (Text of Section after amendment by P.A. 103-495 ) | 23 | | (Section scheduled to be repealed on January 1, 2026) | 24 | | Sec. 6. Mail order and Internet sales. Nothing in this Act | 25 | | shall prohibit a corporation, partnership, trust, association, |
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| 1 | | or other organization, maintaining an established business | 2 | | address, from engaging in the business of selling or offering | 3 | | for sale hearing aids at retail by mail or by Internet to | 4 | | persons 18 years of age or older who have not been examined by | 5 | | a licensed physician or tested by a licensed hearing | 6 | | instrument professional provided that: | 7 | | (a) The organization is registered by the Department prior | 8 | | to engaging in business in this State and has paid the fee set | 9 | | forth in this Act. | 10 | | (b) The organization files with the Department, prior to | 11 | | registration and annually thereafter, a Disclosure Statement | 12 | | containing the following: | 13 | | (1) the name under which the organization is doing or | 14 | | intends to do business and the name of any affiliated | 15 | | company which the organization recommends or will | 16 | | recommend to persons as a supplier of goods or services or | 17 | | in connection with other business transactions of the | 18 | | organization; | 19 | | (2) the organization's principal business address and | 20 | | the name and address of its agent in this State authorized | 21 | | to receive service of process; | 22 | | (3) the business form of the organization, whether | 23 | | corporate, partnership, or otherwise and the state or | 24 | | other sovereign power under which the organization is | 25 | | organized; | 26 | | (4) the names of the directors or persons performing |
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| 1 | | similar functions and names and addresses of the chief | 2 | | executive officer, and the financial, accounting, sales, | 3 | | and other principal executive officers, if the | 4 | | organization is a corporation, association, or other | 5 | | similar entity; of all general partners, if the | 6 | | organization is a partnership; and of the owner, if the | 7 | | organization is a sole proprietorship, together with a | 8 | | statement of the business background during the past 5 | 9 | | years for each such person; | 10 | | (5) a statement as to whether the organization or any | 11 | | person identified in the disclosure statement: | 12 | | (i) has during the 5-year period immediately | 13 | | preceding the date of the disclosure statement been | 14 | | convicted of a felony, pleaded nolo contendere to a | 15 | | felony charge, or been held liable in a civil action by | 16 | | final judgment, if such felony or civil action | 17 | | involved fraud, embezzlement, or misappropriation of | 18 | | property, and a description thereof; or | 19 | | (ii) is subject to any currently effective | 20 | | injunctive or restrictive order as a result of a | 21 | | proceeding or pending action brought by any government | 22 | | agency or department, and a description thereof; or | 23 | | (iii) is a defendant in any pending criminal or | 24 | | material civil action relating to fraud, embezzlement, | 25 | | misappropriation of property or violations of the | 26 | | antitrust or trade regulation laws of the United |
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| 1 | | States or any state, and a description thereof; or | 2 | | (iv) has during the 5-year period immediately | 3 | | preceding the date of the disclosure statement had | 4 | | entered against such person or organization a final | 5 | | judgment in any material civil proceeding, and a | 6 | | description thereof; or | 7 | | (v) has during the 5-year period immediately | 8 | | preceding the date of the disclosure statement been | 9 | | adjudicated a bankrupt or reorganized due to | 10 | | insolvency or was a principal executive officer or | 11 | | general partner of any company that has been | 12 | | adjudicated a bankrupt or reorganized due to | 13 | | insolvency during such 5-year period, and a | 14 | | description thereof; | 15 | | (6) the length of time the organization and any | 16 | | predecessor of the organization has conducted a business | 17 | | dealing with hearing aid goods or services; | 18 | | (7) a financial statement of the organization as of | 19 | | the close of the most recent fiscal year of the | 20 | | organization. If the financial statement is filed later | 21 | | than 120 days following the close of the fiscal year of the | 22 | | organization it must be accompanied by a statement of the | 23 | | organization of any material changes in the financial | 24 | | condition of the organization; | 25 | | (8) a general description of the business, including | 26 | | without limitation a description of the goods, training |
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| 1 | | programs, supervision, advertising, promotion and other | 2 | | services provided by the organization; | 3 | | (9) a statement of any compensation or other benefit | 4 | | given or promised to a public figure arising, in whole or | 5 | | in part, from (i) the use of the public figure in the name | 6 | | or symbol of the organization or (ii) the endorsement or | 7 | | recommendation of the organization by the public figure in | 8 | | advertisements; | 9 | | (10) a statement setting forth such additional | 10 | | information and such comments and explanations relative to | 11 | | the information contained in the disclosure statement as | 12 | | the organization may desire to present. | 13 | | (b-5) If a device being sold does not meet the definition | 14 | | of an over-the-counter hearing aid or a prescription hearing | 15 | | aid, as stated in this Act, the organization shall include a | 16 | | disclaimer in all written or electronic promotions. The | 17 | | disclaimer shall include the following language: | 18 | | "This is not a hearing instrument or hearing aid as | 19 | | defined in the Hearing Instrument Consumer Protection Act, | 20 | | but a personal sound amplification product and not | 21 | | intended to replace a properly fitted and calibrated | 22 | | hearing aid or treat hearing loss.". | 23 | | (c) The organization files with the Department prior to | 24 | | registration and annually thereafter a statement that it | 25 | | complies with the Act, the rules issued pursuant to it, and the | 26 | | regulations of the Federal Food and Drug Administration and |
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| 1 | | the Federal Trade Commission insofar as they are applicable. | 2 | | (d) The organization files with the Department at the time | 3 | | of registration an irrevocable consent to service of process | 4 | | authorizing the Department and any of its successors to be | 5 | | served any notice, process, or pleading in any action or | 6 | | proceeding against the organization arising out of or in | 7 | | connection with any violation of this Act. Such service shall | 8 | | have the effect of conferring personal jurisdiction over such | 9 | | organization in any court of competent jurisdiction. | 10 | | (e) Before dispensing a hearing aid by mail or over the | 11 | | Internet to a resident of this State, the organization informs | 12 | | (i) the parent or guardian of a person age 17 or younger that | 13 | | he or she must obtain a prescription issued by a licensed | 14 | | audiologist or licensed physician that meets the requirements | 15 | | of Section 4.5 or (ii) a person age 18 or older that he or she | 16 | | must obtain a prescription issued by a hearing instrument | 17 | | professional that meets the requirements of Section 4.6. | 18 | | (f) (Blank). : | 19 | | (g) Where a sale, lease, or rental of prescription hearing | 20 | | aids are sold or contracted to be sold to a consumer by mail | 21 | | order or via the Internet, the consumer may void the contract | 22 | | or sale by notifying the seller within 45 business days | 23 | | following that day on which the hearing aids were mailed by the | 24 | | seller to the consumer and by returning to the seller in its | 25 | | original condition any hearing aids delivered to the consumer | 26 | | under the contract or sale. At the time the hearing aid is |
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| 1 | | mailed, the seller shall furnish the consumer with a fully | 2 | | completed receipt or copy of any contract pertaining to the | 3 | | sale that contains a "Notice of Cancellation" informing the | 4 | | consumer that he or she may cancel the sale at any time within | 5 | | 45 business days and disclosing the date of the mailing and the | 6 | | name, address, and telephone number of the seller. In | 7 | | immediate proximity to the space reserved in the contract for | 8 | | the signature of the consumer, or on the front page of the | 9 | | receipt if a contract is not used, and in bold face type of a | 10 | | minimum size of 10 points, there shall be a statement in | 11 | | substantially the following form: | 12 | | "You, the buyer, may cancel this transaction at any | 13 | | time prior to midnight of the 45th business day after the | 14 | | date of this transaction. See the attached notice of | 15 | | cancellation form for an explanation of this right." | 16 | | Attached to the receipt or contract shall be a completed | 17 | | form in duplicate, captioned "NOTICE OF CANCELLATION" which | 18 | | shall be easily detachable and which shall contain in at least | 19 | | 10 point bold face type the following information and | 20 | | statements in the same language as that used in the contract: | 21 | | "NOTICE OF CANCELLATION | 22 | | enter date of transaction | 23 | | ......................... | 24 | | (DATE) | 25 | | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | 26 | | OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. |
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| 1 | | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | 2 | | BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | 3 | | RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | 4 | | WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | 5 | | THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | 6 | | PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | 7 | | ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | 8 | | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | 9 | | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | 10 | | DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | 11 | | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | 12 | | AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | 13 | | WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | 14 | | AT (address of seller's place of business) AND (seller's | 15 | | telephone number) NO LATER THAN MIDNIGHT OF | 16 | | ...........(date). | 17 | | I HEREBY CANCEL THIS TRANSACTION. | 18 | | (Date)............
| 19 | | ..................
| 20 | | (Buyers Signature)" | 21 | | The written "Notice of Cancellation" may be sent by the | 22 | | consumer to the seller to cancel the contract. The 45-day | 23 | | period does not commence until the consumer is furnished the | 24 | | Notice of Cancellation and the address and phone number at | 25 | | which such notice to the seller can be given. | 26 | | If the conditions of this Section are met, the seller must |
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| 1 | | return to the consumer the amount of any payment made or | 2 | | consideration given under the contract or for the merchandise | 3 | | less a nonrefundable restocking fee. | 4 | | It is an unlawful practice for a seller to: (1) hold a | 5 | | consumer responsible for any liability or obligation under any | 6 | | mail order transaction if the consumer claims not to have | 7 | | received the merchandise unless the merchandise was sent by | 8 | | certified mail or other delivery method by which the seller is | 9 | | provided with proof of delivery; (2) fail, before furnishing | 10 | | copies of the "Notice of Cancellation" to the consumer, to | 11 | | complete both copies by entering the name of the seller, the | 12 | | address of the seller's place of business, the seller's | 13 | | telephone number, the date of the mailing, and the date, not | 14 | | earlier than the 45th business day following the date of the | 15 | | mailing, by which the consumer may give notice of | 16 | | cancellation; (3) include in any contract or receipt any | 17 | | confession of judgment or any waiver of any of the rights to | 18 | | which the consumer is entitled under this Section including | 19 | | specifically his right to cancel the sale in accordance with | 20 | | the provisions of this Section; (4) misrepresent in any manner | 21 | | the consumer's right to cancel; (5) use any undue influence, | 22 | | coercion, or any other wilful act or representation to | 23 | | interfere with the consumer's exercise of his rights under | 24 | | this Section; (6) fail or refuse to honor any valid notice of | 25 | | cancellation and return of merchandise by a consumer and, | 26 | | within 10 business days after the receipt of such notice and |
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| 1 | | merchandise pertaining to such transaction, to (i) refund | 2 | | payments made under the contract or sale, (ii) return any | 3 | | goods or property traded in, in substantially as good | 4 | | condition as when received by the person, (iii) cancel and | 5 | | return any negotiable instrument executed by the consumer in | 6 | | connection with the contract or sale and take any action | 7 | | necessary or appropriate to terminate promptly any security | 8 | | interest created in the transaction; (7) negotiate, transfer, | 9 | | sell, or assign any note or other evidence of indebtedness to a | 10 | | finance company or other third party prior to the 50th | 11 | | business day following the day of the mailing; or (8) fail to | 12 | | provide the consumer of a hearing aid with written information | 13 | | stating the name, address, and telephone number of the | 14 | | Department and informing the consumer that complaints | 15 | | regarding hearing aid goods or services may be made to the | 16 | | Department. | 17 | | (h) The organization employs only licensed hearing | 18 | | instrument professionals in the dispensing of hearing aids and | 19 | | files with the Department, by January 1 of each year, a list of | 20 | | all licensed hearing instrument professionals employed by it. | 21 | | (Source: P.A. 103-495, eff. 1-1-24.) | 22 | | (225 ILCS 50/9) (from Ch. 111, par. 7409) | 23 | | (Text of Section before amendment by P.A. 103-495 ) | 24 | | (Section scheduled to be repealed on January 1, 2026) | 25 | | Sec. 9. Areas of examination. The examination required by |
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| 1 | | Section 8 shall be set forth by rule and demonstrate the | 2 | | applicant's technical qualifications by: | 3 | | (a) Tests of knowledge in the following areas as they | 4 | | pertain to the testing, selecting, recommending, fitting, | 5 | | and selling of hearing instruments: | 6 | | (1) characteristics of sound; | 7 | | (2) the nature of the ear; and | 8 | | (3) the function and maintenance of hearing | 9 | | instruments. | 10 | | (b) Practical tests of proficiency in techniques as | 11 | | they pertain to the fitting of hearing instruments shall | 12 | | be prescribed by the Department, set forth by rule, and | 13 | | include candidate qualifications in the following areas: | 14 | | (1) pure tone audiometry including air conduction | 15 | | testing and bone conduction testing; | 16 | | (2) live voice or recorded voice speech | 17 | | audiometry, including speech reception, threshold | 18 | | testing and speech discrimination testing; | 19 | | (3) masking; | 20 | | (4) proper selection and adaptation of a hearing | 21 | | instrument; | 22 | | (5) taking earmold impressions; | 23 | | (6) proper maintenance procedures; and | 24 | | (7) a general knowledge of the medical and | 25 | | physical contra-indications to the use and fitting of | 26 | | a hearing instrument. |
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| 1 | | (c) Knowledge of the general medical and hearing | 2 | | rehabilitation facilities in the area being served. | 3 | | (d) Knowledge of the provisions of this Act and the | 4 | | rules promulgated hereunder. | 5 | | (Source: P.A. 96-683, eff. 1-1-10 .) | 6 | | (Text of Section after amendment by P.A. 103-495 ) | 7 | | (Section scheduled to be repealed on January 1, 2026) | 8 | | Sec. 9. Areas of examination. The examination required by | 9 | | Section 8 shall be set forth by rule and demonstrate the | 10 | | applicant's technical qualifications by: | 11 | | (a) Tests of knowledge in the following areas as they | 12 | | pertain to the testing, selecting, recommending, fitting, | 13 | | and selling of hearing aids: | 14 | | (1) characteristics of sound; | 15 | | (2) the nature of the ear; and | 16 | | (3) the function and maintenance of hearing aids. | 17 | | (b) Practical tests of proficiency in techniques as | 18 | | they pertain to the fitting of hearing aids shall be | 19 | | prescribed by the Department, set forth by rule, and | 20 | | include candidate qualifications in the following areas: | 21 | | (1) pure-tone pure tone audiometry including air | 22 | | conduction testing and bone conduction testing; | 23 | | (2) live voice or recorded voice speech | 24 | | audiometry, including speech reception, threshold | 25 | | testing and speech discrimination testing; |
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| 1 | | (3) masking; | 2 | | (4) proper selection and adaptation of a hearing | 3 | | instrument; | 4 | | (5) taking earmold impressions; | 5 | | (6) proper maintenance procedures; and | 6 | | (7) a general knowledge of the medical and | 7 | | physical contra-indications to the use and fitting of | 8 | | a hearing aid aids . | 9 | | (c) Knowledge of the general medical and hearing | 10 | | rehabilitation facilities in the area being served. | 11 | | (d) Knowledge of the provisions of this Act and the | 12 | | rules promulgated hereunder. | 13 | | (Source: P.A. 103-495, eff. 1-1-24.) | 14 | | Section 95. No acceleration or delay. Where this Act makes | 15 | | changes in a statute that is represented in this Act by text | 16 | | that is not yet or no longer in effect (for example, a Section | 17 | | represented by multiple versions), the use of that text does | 18 | | not accelerate or delay the taking effect of (i) the changes | 19 | | made by this Act or (ii) provisions derived from any other | 20 | | Public Act. | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.". |
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