Illinois General Assembly - Full Text of SB1721
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Full Text of SB1721  103rd General Assembly


Rep. Natalie A. Manley

Filed: 4/18/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1721 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Public Utilities Act is amended by
5changing Section 13-703 as follows:
6    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
7    (Section scheduled to be repealed on December 31, 2026)
8    Sec. 13-703. (a) The Commission shall design and implement
9a program whereby each telecommunications carrier providing
10local exchange service shall provide a telecommunications
11device capable of servicing the needs of those persons with a
12hearing or speech disability together with a single party
13line, at no charge additional to the basic exchange rate, to
14any subscriber who is certified as having a hearing or speech
15disability by a hearing instrument care professional, as
16defined in the Hearing Instrument Consumer Protection Act, a



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1speech-language pathologist, or a qualified State agency and
2to any subscriber which is an organization serving the needs
3of those persons with a hearing or speech disability as
4determined and specified by the Commission pursuant to
5subsection (d).
6    (b) The Commission shall design and implement a program,
7whereby each telecommunications carrier providing local
8exchange service shall provide a telecommunications relay
9system, using third party intervention to connect those
10persons having a hearing or speech disability with persons of
11normal hearing by way of intercommunications devices and the
12telephone system, making available reasonable access to all
13phases of public telephone service to persons who have a
14hearing or speech disability. In order to design a
15telecommunications relay system which will meet the
16requirements of those persons with a hearing or speech
17disability available at a reasonable cost, the Commission
18shall initiate an investigation and conduct public hearings to
19determine the most cost-effective method of providing
20telecommunications relay service to those persons who have a
21hearing or speech disability when using telecommunications
22devices and therein solicit the advice, counsel, and physical
23assistance of Statewide nonprofit consumer organizations that
24serve persons with hearing or speech disabilities in such
25hearings and during the development and implementation of the
26system. The Commission shall phase in this program, on a



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1geographical basis, as soon as is practicable, but no later
2than June 30, 1990.
3    (c) The Commission shall establish a competitively neutral
4rate recovery mechanism that establishes charges in an amount
5to be determined by the Commission for each line of a
6subscriber to allow telecommunications carriers providing
7local exchange service to recover costs as they are incurred
8under this Section. Beginning no later than April 1, 2016, and
9on a yearly basis thereafter, the Commission shall initiate a
10proceeding to establish the competitively neutral amount to be
11charged or assessed to subscribers of telecommunications
12carriers and wireless carriers, Interconnected VoIP service
13providers, and consumers of prepaid wireless
14telecommunications service in a manner consistent with this
15subsection (c) and subsection (f) of this Section. The
16Commission shall issue its order establishing the
17competitively neutral amount to be charged or assessed to
18subscribers of telecommunications carriers and wireless
19carriers, Interconnected VoIP service providers, and
20purchasers of prepaid wireless telecommunications service on
21or prior to June 1 of each year, and such amount shall take
22effect June 1 of each year.
23    Telecommunications carriers, wireless carriers,
24Interconnected VoIP service providers, and sellers of prepaid
25wireless telecommunications service shall have 60 days from
26the date the Commission files its order to implement the new



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1rate established by the order.
2    (d) The Commission shall determine and specify those
3organizations serving the needs of those persons having a
4hearing or speech disability that shall receive a
5telecommunications device and in which offices the equipment
6shall be installed in the case of an organization having more
7than one office. For the purposes of this Section,
8"organizations serving the needs of those persons with hearing
9or speech disabilities" means centers for independent living
10as described in Section 12a of the Rehabilitation of Persons
11with Disabilities Act and not-for-profit organizations whose
12primary purpose is serving the needs of those persons with
13hearing or speech disabilities. The Commission shall direct
14the telecommunications carriers subject to its jurisdiction
15and this Section to comply with its determinations and
16specifications in this regard.
17    (e) As used in this Section:
18    "Prepaid wireless telecommunications service" has the
19meaning given to that term under Section 10 of the Prepaid
20Wireless 9-1-1 Surcharge Act.
21    "Retail transaction" has the meaning given to that term
22under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
23    "Seller" has the meaning given to that term under Section
2410 of the Prepaid Wireless 9-1-1 Surcharge Act.
25    "Telecommunications carrier providing local exchange
26service" includes, without otherwise limiting the meaning of



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1the term, telecommunications carriers which are purely mutual
2concerns, having no rates or charges for services, but paying
3the operating expenses by assessment upon the members of such
4a company and no other person.
5    "Wireless carrier" has the meaning given to that term
6under Section 2 of the Emergency Telephone System Act.
7    (f) Interconnected VoIP service providers, sellers of
8prepaid wireless telecommunications service, and wireless
9carriers in Illinois shall collect and remit assessments
10determined in accordance with this Section in a competitively
11neutral manner in the same manner as a telecommunications
12carrier providing local exchange service. However, the
13assessment imposed on consumers of prepaid wireless
14telecommunications service shall be collected by the seller
15from the consumer and imposed per retail transaction as a
16percentage of that retail transaction on all retail
17transactions occurring in this State. The assessment on
18subscribers of wireless carriers and consumers of prepaid
19wireless telecommunications service shall not be imposed or
20collected prior to June 1, 2016.
21    Sellers of prepaid wireless telecommunications service
22shall remit the assessments to the Department of Revenue on
23the same form and in the same manner which they remit the fee
24collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
25the purposes of display on the consumers' receipts, the rates
26of the fee collected under the Prepaid Wireless 9-1-1



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1Surcharge Act and the assessment under this Section may be
2combined. In administration and enforcement of this Section,
3the provisions of Sections 15 and 20 of the Prepaid Wireless
49-1-1 Surcharge Act (except subsections (a), (a-5), (b-5),
5(e), and (e-5) of Section 15 and subsections (c) and (e) of
6Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and,
7from June 29, 2015 (the effective date of Public Act 99-6), the
8seller shall be permitted to deduct and retain 3% of the
9assessments that are collected by the seller from consumers
10and that are remitted and timely filed with the Department)
11that are not inconsistent with this Section, shall apply, as
12far as practicable, to the subject matter of this Section to
13the same extent as if those provisions were included in this
14Section. Beginning on January 1, 2018, the seller is allowed
15to deduct and retain 3% of the assessments that are collected
16by the seller from consumers and that are remitted timely and
17timely filed with the Department, but only if the return is
18filed electronically as provided in Section 3 of the
19Retailers' Occupation Tax Act. Sellers who demonstrate that
20they do not have access to the Internet or demonstrate
21hardship in filing electronically may petition the Department
22to waive the electronic filing requirement. The Department
23shall deposit all assessments and penalties collected under
24this Section into the Illinois Telecommunications Access
25Corporation Fund, a special fund created in the State
26treasury. On or before the 25th day of each calendar month, the



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1Department shall prepare and certify to the Comptroller the
2amount available to the Commission for distribution out of the
3Illinois Telecommunications Access Corporation Fund. The
4amount certified shall be the amount (not including credit
5memoranda) collected during the second preceding calendar
6month by the Department, plus an amount the Department
7determines is necessary to offset any amounts which were
8erroneously paid to a different taxing body or fund. The
9amount paid to the Illinois Telecommunications Access
10Corporation Fund shall not include any amount equal to the
11amount of refunds made during the second preceding calendar
12month by the Department to retailers under this Section or any
13amount that the Department determines is necessary to offset
14any amounts which were payable to a different taxing body or
15fund but were erroneously paid to the Illinois
16Telecommunications Access Corporation Fund. The Commission
17shall distribute all the funds to the Illinois
18Telecommunications Access Corporation and the funds may only
19be used in accordance with the provisions of this Section. The
20Department shall deduct 2% of all amounts deposited in the
21Illinois Telecommunications Access Corporation Fund during
22every year of remitted assessments. Of the 2% deducted by the
23Department, one-half shall be transferred into the Tax
24Compliance and Administration Fund to reimburse the Department
25for its direct costs of administering the collection and
26remittance of the assessment. The remaining one-half shall be



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1transferred into the Public Utility Fund to reimburse the
2Commission for its costs of distributing to the Illinois
3Telecommunications Access Corporation the amount certified by
4the Department for distribution. The amount to be charged or
5assessed under subsections (c) and (f) is not imposed on a
6provider or the consumer for wireless Lifeline service where
7the consumer does not pay the provider for the service. Where
8the consumer purchases from the provider optional minutes,
9texts, or other services in addition to the federally funded
10Lifeline benefit, a consumer must pay the charge or
11assessment, and it must be collected by the seller according
12to this subsection (f).
13    Interconnected VoIP services shall not be considered an
14intrastate telecommunications service for the purposes of this
15Section in a manner inconsistent with federal law or Federal
16Communications Commission regulation.
17    (g) The provisions of this Section are severable under
18Section 1.31 of the Statute on Statutes.
19    (h) The Commission may adopt rules necessary to implement
20this Section.
21(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15;
2299-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff.
231-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303,
24eff. 8-24-17; 100-863, eff. 8-14-18.)
25    Section 10. The Hearing Instrument Consumer Protection Act



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1is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5,
214, 16, 17, 18, 19, and 20 and by adding Sections 4.5, 4.6, and
312 as follows:
4    (225 ILCS 50/1)  (from Ch. 111, par. 7401)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 1. Purpose. The purpose of this Act is to protect the
7deaf or hard of hearing public from the practice of dispensing
8hearing aids instruments that could endanger the health,
9safety and welfare of the People of this State. The Federal
10Food and Drug Administration and Federal Trade Commission has
11recommended that State legislation is necessary in order to
12establish standards of competency and to impose stringent
13penalties for those who violate the public trust in this field
14of health care.
15(Source: P.A. 98-827, eff. 1-1-15.)
16    (225 ILCS 50/3)  (from Ch. 111, par. 7403)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 3. Definitions. As used in this Act, except as the
19context requires otherwise:
20    "Department" means the Department of Public Health.
21    "Director" means the Director of the Department of Public
23    "Direct supervision" means the final approval given by the
24licensed hearing instrument professional to all work performed



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1by the person under supervision and that the licensed hearing
2instrument professional is physically present in the facility
3any time the person under supervision has contact with a
4client. "Direct supervision" does not mean that the licensed
5hearing instrument professional is in the same room when the
6person under supervision has contact with the client.
7    "Federal Trade Commission" means the United States federal
8agency which regulates business practices and commerce.
9    "Food and Drug Administration" means the United States
10federal agency which regulates hearing instruments or hearing
11aids as medical devices.
12    "License" means a license issued by the State under this
13Act to a hearing instrument dispenser.
14    "Licensed audiologist" means a person licensed as an
15audiologist under the Illinois Speech-Language Pathology and
16Audiology Practice Act and who can prescribe hearing aids in
17accordance with this Act.
18    "National Board Certified Hearing Instrument Specialist"
19means a person who has had at least 2 years in practice as a
20licensed hearing instrument dispenser and has been certified
21after qualification by examination by the National Board for
22Certification in Hearing Instruments Sciences.
23    "Licensed physician" or "physician" means a physician
24licensed in Illinois to practice medicine in all of its
25branches pursuant to the Medical Practice Act of 1987.
26    "Trainee" means a person who is licensed to perform the



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1functions of a hearing instrument dispenser or audiologist in
2accordance with the Department rules and only under the direct
3supervision of a hearing instrument dispenser or audiologist
4who is licensed in the State.
5    "Board" means the Hearing Instrument Consumer Protection
7    "Hearing instrument" or "hearing aid" means any instrument
8or device, including an instrument or device dispensed
9pursuant to a prescription, that is designed, intended, or
10offered for the purpose of improving a person's hearing and
11any parts, attachments, or accessories, including earmolds.
12"Hearing instrument" or "hearing aid" does not include
13batteries, cords, and individual or group auditory training
14devices and any instrument or device used by a public utility
15in providing telephone or other communication services
16wearable instrument or device designed for or offered for the
17purpose of aiding or compensating for impaired human hearing
18and that can provide more than 15 dB full on gain via a 2cc
19coupler at any single frequency from 200 through 6000 cycles
20per second, and any parts, attachments, or accessories,
21including ear molds. "Hearing instrument" or "hearing aid" do
22not include batteries, cords, or group auditory training
23devices and any instrument or device used by a public utility
24in providing telephone or other communication services are
26    "Involvement of a licensed person" refers to the



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1supervisor, prescription or other order involvement or
2interaction by a licensed hearing instrument professional.
3    "Practice of prescribing, fitting, dispensing, or
4servicing of prescription hearing aids instruments" means the
5measurement of human hearing with an audiometer, calibrated to
6the current American National Standard Institute standards,
7for the purpose of prescribing hearing aids and making
8selections, recommendations, adaptions, services, or sales of
9hearing aids instruments including the making of earmolds as a
10part of the hearing aid instrument.
11    "Sell" or "sale" means any transfer of title or of the
12right to use by lease, bailment, or any other contract,
13excluding wholesale transactions with distributors or dealers.
14    "Hearing instrument dispenser" means a person who is a
15hearing instrument care professional that engages in the
16selling, practice of fitting, selecting, recommending,
17dispensing, prescribing, or servicing of prescription hearing
18aids instruments or the testing for means of hearing aid
19instrument selection or who advertises or displays a sign or
20represents himself or herself as a person who practices the
21testing, fitting, selecting, servicing, dispensing,
22prescribing, or selling of prescription hearing aids
24    "Fund" means the Hearing Instrument Dispenser Examining
25and Disciplinary Fund.
26    "Hearing instrument care professional" means a person who



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1is a licensed audiologist, a licensed hearing instrument
2dispenser, or a licensed physician.
3    "Over-the-counter hearing aid" means any instrument or
4device that:
5        (1) uses the same fundamental scientific technology as
6    air conduction hearing aids, as defined in 21 CFR
7    874.3300, or wireless air conduction hearing aids, as
8    defined in 21 CFR 874.3305;
9        (2) is intended to be used by adults age 18 and older
10    to compensate for perceived mild to moderate hearing
11    impairment;
12        (3) through tools, tests, or software, allows the user
13    to control the over-the-counter hearing aid and customize
14    it to the user's hearing needs;
15        (4) may use wireless technology or include tests for
16    self-assessment of hearing loss; and
17        (5) is available over-the-counter, without the
18    supervision, prescription, or other order, involvement, or
19    intervention of a licensed person, to consumers through
20    in-person transactions, by mail, or online.
21    "Over-the-counter hearing aid" does not include batteries,
22cords, and individual or group auditory training devices or
23any instrument or device used by a public utility in providing
24telephone or other communication services.
25    "Personal sound amplification product" means an
26amplification device, as defined by the Food and Drug



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1Administration or the Federal Trade Commission, that is not
2labeled as a hearing aid and is not intended to treat hearing
4    "Prescribe" means an order for a prescription hearing aid
5issued by a licensed hearing instrument professional.
6    "Prescription hearing aid" means any wearable instrument
7or device designed, intended, or offered for the purpose of
8improving a person's hearing that may only be obtained with
9the involvement of a licensed hearing instrument professional.
10(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
11    (225 ILCS 50/4)  (from Ch. 111, par. 7404)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 4. Disclosure; waiver; complaints; insurance. The
14hearing instrument professional dispenser shall give at no
15charge to every person fitted and sold a hearing aid
16instrument the "User Instructional Brochure", supplied by the
17hearing aid instrument manufacturer containing information
18required by the U.S. Food and Drug Administration.
19    All hearing instruments or hearing aids must be dispensed
20or sold in accordance with Food and Drug Administration and
21Federal Trade Commission regulations governing the dispensing
22and sale of personal sound amplification products or hearing
24    A consumer who purchases an over-the-counter hearing aid
25must be provided a sales receipt at the time of the



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2    Whenever a sale or service of one or more prescription
3hearing aids instrument involving $50 or more is made or
4contracted to be made, whether under a single contract or
5under multiple contracts, at the time of the transaction, the
6hearing instrument professional dispenser shall furnish the
7consumer with a fully completed receipt or contract pertaining
8to that transaction, in substantially the same language as
9that used in the oral presentation to the consumer. The
10receipt or contract provided to the consumer shall contain (i)
11the hearing instrument professional's dispenser's name,
12license number, business address, business phone number, and
13signature; (ii) the name, address, and signature of the
14hearing instrument consumer; (iii) and the name and signature
15of the purchaser if the consumer and the purchaser are not the
16same person; (iv) the hearing aid instrument manufacturer's
17name, and the model and serial numbers; (v) the date of
18purchase; and (vi) the charges required to complete the terms
19of the sale, which must be fully and clearly stated. When the
20hearing aid instrument is delivered to the consumer or
21purchaser, the serial number shall be written on the original
22receipt or contract and a copy shall be given to the consumer
23or purchaser. If a used hearing instrument is sold, the
24receipt and the container thereof shall be clearly marked as
25"used" or "reconditioned", whichever is applicable, with terms
26of guarantee, if any.



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1    All hearing instruments offered for sale must be
2accompanied by a 30-business day return privilege. The receipt
3or contract provided to the consumer shall state that the
4consumer has a right to return the hearing instrument for a
5refund within 30 business days of the date of delivery. If a
6nonrefundable dispensing fee or restocking fee, or both, will
7be withheld from the consumer in event of return, the terms
8must be clearly stated on the receipt or contract provided to
9the consumer.
10    A hearing instrument dispenser shall not sell a hearing
11instrument unless the prospective user has presented to the
12hearing instrument dispenser a written statement, signed by a
13licensed physician, which states that the patient's hearing
14loss has been medically evaluated and the patient is
15considered a candidate for a hearing instrument. The medical
16evaluation must have taken place within the 6 months
17immediately preceding the date of the sale of the hearing
18instrument to the prospective hearing instrument user. If the
19prospective hearing instrument user is 18 years of age or
20older, the hearing instrument dispenser may afford the
21prospective user an opportunity to waive the medical
22evaluation required by this Section, provided that the hearing
23instrument dispenser:
24        (i) Informs the prospective user that the exercise of
25    a waiver is not in the user's best health interest;
26        (ii) Does not in any way actively encourage the



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1    prospective user to waive the medical evaluation; and
2        (iii) Affords the prospective user the option to sign
3    the following statement:
4            "I have been advised by .................(hearing
5        instrument dispenser's name) that the Food and Drug
6        Administration has determined that my best interest
7        would be served if I had a medical evaluation by a
8        licensed physician (preferably a physician who
9        specializes in diseases of the ear) before purchasing
10        a hearing instrument. I do not wish a medical
11        evaluation before purchasing a hearing instrument."
12    The hearing instrument professional dispenser or the
13professional's his or her employer shall retain proof of the
14medical examination or the waiver for at least 3 years from the
15date of the sale.
16    If the parent or guardian of any individual under the age
1717 or under of 18 years is a member of any church or religious
18denomination, whose tenets and practices include reliance upon
19spiritual means through prayer alone and objects to medical
20treatment and so states in writing to the hearing instrument
21professional dispenser, such individual shall undergo a
22hearing examination as provided by this Section but no proof,
23ruling out any medically treatable problem causing hearing
24loss, shall be required.
25    All persons licensed under this Act shall have
26conspicuously displayed in their business establishment a sign



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1indicating that formal complaints regarding hearing aid
2instrument goods or services may be made to the Department.
3Such sign shall give the address and telephone number of the
4Department. All persons purchasing hearing aids instruments
5shall be provided with a written statement indicating that
6formal complaints regarding hearing aid instrument goods or
7services may be made to the Department and disclosing the
8address and telephone number of the Department.
9    Any person wishing to make a complaint, against a hearing
10instrument professional dispenser under this Act, shall file
11it with the Department within 3 years from the date of the
12action upon which the complaint is based. The Department shall
13investigate all such complaints.
14    All persons licensed under this Act shall maintain
15liability insurance as set forth by rule and shall be
16responsible for the annual calibration of all audiometers in
17use by such persons. Such annual calibrations shall be in
18conformance with the current standards set by American
19National Standard Institute.
20(Source: P.A. 91-932, eff. 1-1-01.)
21    (225 ILCS 50/4.5 new)
22    Sec. 4.5. Hearing aids dispensed by prescription to
23persons age 17 or younger.
24    (a) A hearing instrument professional may dispense a
25hearing aid to a person age 17 or younger in accordance with



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1the requirements of this Section.
2    (b) A hearing instrument professional shall not sell a
3prescription hearing aid to anyone age 17 or younger unless
4the prospective user has presented to the hearing instrument
5professional a written statement, signed by a licensed
6physician, that states that the patient's hearing loss has
7been medically evaluated and the patient is considered a
8candidate for a hearing aid. The medical evaluation must have
9been performed within the 6 months immediately preceding the
10date of the sale of the hearing aid to the prospective hearing
11aid user.
12    (c) A person age 17 or younger must be medically evaluated
13in person by a physician before receiving a prescription for a
14hearing aid. The evaluation must have been performed within
15the 6 months immediately preceding the date that the hearing
16aid is dispensed.
17    (d) Following a medical evaluation by a licensed
18physician, a licensed audiologist or a licensed physician
19other than the evaluating physician may prescribe a
20prescription hearing aid for an individual age 17 or younger.
21A person age 17 or younger may not waive the medical evaluation
22or receipt of a prescription from a licensed audiologist or a
23licensed physician unless the person is replacing a lost or
24stolen hearing aid that is subject to warranty replacement.
25    (e) A hearing aid prescription for individuals age 17 or
26younger issued by a licensed audiologist or a licensed



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1physician other than the evaluating physician must include, at
2a minimum, the following information:
3        (1) name of the patient;
4        (2) documentation of medical evaluation by a
5    physician;
6        (3) date the prescription is issued;
7        (4) expiration date of the prescription, which may not
8    exceed 6 months from the date of issuance;
9        (5) name and license number of the prescribing
10    licensed audiologist or licensed physician;
11        (6) results of the following assessments: (i)
12    age-appropriate pure-tone air conduction audiometry or
13    results of auditory evoked potential testing, including,
14    but not limited to, auditory brainstem response or
15    otoacoustic emissions testing; (ii) bone conduction
16    testing, as age appropriate; and (iii) recorded or live
17    voice speech in quiet, as age appropriate;
18        (7) documentation of type and style of hearing aid;
19    and
20        (8) documentation of medical necessity of the
21    recommended features of a hearing aid.
22    (225 ILCS 50/4.6 new)
23    Sec. 4.6. Prescription hearing aids for persons age 18 or
25    (a) A hearing instrument professional may dispense a



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1hearing aid to a person age 18 or older in accordance with the
2requirements of this Section.
3    (b) A person age 18 or older must be evaluated by a hearing
4instrument professional in person or via telehealth before
5receiving a prescription for a hearing aid. A person age 18 or
6older may not waive evaluation by a hearing instrument
7professional unless he or she is replacing a lost or stolen
8hearing aid that is subject to warranty replacement.
9    (c) A hearing instrument professional shall not sell
10prescription hearing aid to anyone age 18 or older if the
11prospective user had a negative finding on the Consumer Ear
12Disease Risk Assessment or a similar standardized assessment.
13The prospective user who had a negative finding on the
14Consumer Ear Disease Risk Assessment or similar standardized
15assessment shall present to the hearing instrument
16professional a written statement, signed by a licensed
17physician, which states that the patient's hearing loss has
18been medically evaluated and the patient is considered a
19candidate for a prescription hearing aid. The medical
20evaluation must have been performed within the 12 months
21immediately preceding the date of the sale of the hearing aid
22to the prospective hearing aid user.
23    (d) A hearing aid prescription for individuals age 18 or
24older must include, at a minimum, the following information:
25        (1) name of the patient;
26        (2) date the prescription is issued;



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1        (3) expiration date of the prescription, which may not
2    exceed one year from the date of issuance;
3        (4) name and license number of the prescribing hearing
4    instrument professional;
5        (5) results of the following assessments:
6            (A) hearing handicap inventory or similar
7        standardized, evidence-based tool;
8            (B) pure-tone air conduction audiometry;
9            (C) bone conduction testing or consumer ear
10        disease risk assessment or a similar standardized
11        evidence-based tool;
12            (D) recorded speech in quiet, as medically
13        appropriate;
14            (E) recorded speech or digits in noise, as medical
15        appropriate;
16        (6) documentation of type and style of hearing aid;
17    and
18        (7) documentation of medical necessity of the
19    recommended features of a hearing aid.
20    (225 ILCS 50/5)  (from Ch. 111, par. 7405)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 5. License required. No person shall engage in the
23selling, practice of testing, fitting, selecting,
24recommending, adapting, dispensing, or servicing hearing aids
25instruments or display a sign, advertise, or represent oneself



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1as a person who practices the fitting or selling of hearing
2aids instruments unless such person holds a current license
3issued by the Department as provided in this Act. Such person
4shall be known as a licensed hearing instrument dispenser.
5Individuals licensed pursuant to the provisions of Section 8
6of this Act shall be deemed qualified to provide tests of human
7hearing and hearing aid instrument evaluations for the purpose
8of dispensing a hearing aid instrument for which any State
9agency may contract. The license shall be conspicuously
10displayed in the place of business. Duplicate licenses shall
11be issued by the Department to licensees operating more than
12one office upon the additional payment set forth in this Act.
13No hearing aids instrument manufacturer may distribute, sell,
14or otherwise provide hearing aids instruments to any
15unlicensed hearing instrument care professional for the
16purpose of selling hearing aids instruments to the consumer.
17    Except for violations of the provisions of this Act, or
18the rules promulgated under it, nothing in this Act shall
19prohibit a corporation, partnership, trust, association, or
20other entity from engaging in the business of testing,
21fitting, servicing, selecting, dispensing, selling, or
22offering for sale hearing aid instruments at retail without a
23license, provided it employs only licensed individuals in the
24direct testing, fitting, servicing, selecting, offering for
25sale, or dispensing of such products. Each such corporation,
26partnership, trust, association, or other entity shall file



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1with the Department, prior to doing business in this State and
2by July 1 of each calendar year thereafter, on forms
3prescribed by the Department, a list of all licensed hearing
4instrument dispensers employed by it and a statement attesting
5that it complies with this Act and the rules promulgated under
6it and the regulations of the Federal Food and Drug
7Administration and the Federal Trade Commission insofar as
8they are applicable.
9(Source: P.A. 99-204, eff. 7-30-15.)
10    (225 ILCS 50/6)  (from Ch. 111, par. 7406)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 6. Mail order and Internet sales. Nothing in this Act
13shall prohibit a corporation, partnership, trust, association,
14or other organization, maintaining an established business
15address, from engaging in the business of selling or offering
16for sale hearing aids instruments at retail by mail or by
17Internet to persons 18 years of age or older who have not been
18examined by a licensed physician or tested by a licensed
19hearing instrument professional dispenser provided that:
20    (a) The organization is registered by the Department prior
21to engaging in business in this State and has paid the fee set
22forth in this Act.
23    (b) The organization files with the Department, prior to
24registration and annually thereafter, a Disclosure Statement
25containing the following:



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1        (1) the name under which the organization is doing or
2    intends to do business and the name of any affiliated
3    company which the organization recommends or will
4    recommend to persons as a supplier of goods or services or
5    in connection with other business transactions of the
6    organization;
7        (2) the organization's principal business address and
8    the name and address of its agent in this State authorized
9    to receive service of process;
10        (3) the business form of the organization, whether
11    corporate, partnership, or otherwise and the state or
12    other sovereign power under which the organization is
13    organized;
14        (4) the names of the directors or persons performing
15    similar functions and names and addresses of the chief
16    executive officer, and the financial, accounting, sales,
17    and other principal executive officers, if the
18    organization is a corporation, association, or other
19    similar entity; of all general partners, if the
20    organization is a partnership; and of the owner, if the
21    organization is a sole proprietorship, together with a
22    statement of the business background during the past 5
23    years for each such person;
24        (5) a statement as to whether the organization or any
25    person identified in the disclosure statement:
26            (i) has during the 5-year 5 year period



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1        immediately preceding the date of the disclosure
2        statement been convicted of a felony, pleaded nolo
3        contendere to a felony charge, or been held liable in a
4        civil action by final judgment, if such felony or
5        civil action involved fraud, embezzlement, or
6        misappropriation of property, and a description
7        thereof; or
8            (ii) is subject to any currently effective
9        injunctive or restrictive order as a result of a
10        proceeding or pending action brought by any government
11        agency or department, and a description thereof; or
12            (iii) is a defendant in any pending criminal or
13        material civil action relating to fraud, embezzlement,
14        misappropriation of property or violations of the
15        antitrust or trade regulation laws of the United
16        States or any state, and a description thereof; or
17            (iv) has during the 5-year 5 year period
18        immediately preceding the date of the disclosure
19        statement had entered against such person or
20        organization a final judgment in any material civil
21        proceeding, and a description thereof; or
22            (v) has during the 5-year 5 year period
23        immediately preceding the date of the disclosure
24        statement been adjudicated a bankrupt or reorganized
25        due to insolvency or was a principal executive officer
26        or general partner of any company that has been



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1        adjudicated a bankrupt or reorganized due to
2        insolvency during such 5-year 5 year period, and a
3        description thereof;
4        (6) the length of time the organization and any
5    predecessor of the organization has conducted a business
6    dealing with hearing aid instrument goods or services;
7        (7) a financial statement of the organization as of
8    the close of the most recent fiscal year of the
9    organization. If the financial statement is filed later
10    than 120 days following the close of the fiscal year of the
11    organization it must be accompanied by a statement of the
12    organization of any material changes in the financial
13    condition of the organization;
14        (8) a general description of the business, including
15    without limitation a description of the goods, training
16    programs, supervision, advertising, promotion and other
17    services provided by the organization;
18        (9) a statement of any compensation or other benefit
19    given or promised to a public figure arising, in whole or
20    in part, from (i) the use of the public figure in the name
21    or symbol of the organization or (ii) the endorsement or
22    recommendation of the organization by the public figure in
23    advertisements;
24        (10) a statement setting forth such additional
25    information and such comments and explanations relative to
26    the information contained in the disclosure statement as



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1    the organization may desire to present.
2    (b-5) If a device being sold does not meet the definition
3of an over-the-counter a hearing aid or a prescription hearing
4aid, instrument or hearing device as stated in this Act, the
5organization shall include a disclaimer in all written or
6electronic promotions. The disclaimer shall include the
7following language:
8        "This is not a hearing instrument or hearing aid as
9    defined in the Hearing Instrument Consumer Protection Act,
10    but a personal sound amplification product amplifier and
11    not intended to replace a properly fitted and calibrated
12    hearing aid or treat hearing loss instrument.".
13    (c) The organization files with the Department prior to
14registration and annually thereafter a statement that it
15complies with the Act, the rules issued pursuant to it, and the
16regulations of the Federal Food and Drug Administration and
17the Federal Trade Commission insofar as they are applicable.
18    (d) The organization files with the Department at the time
19of registration an irrevocable consent to service of process
20authorizing the Department and any of its successors to be
21served any notice, process, or pleading in any action or
22proceeding against the organization arising out of or in
23connection with any violation of this Act. Such service shall
24have the effect of conferring personal jurisdiction over such
25organization in any court of competent jurisdiction.
26    (e) Before dispensing a hearing aid by mail or over the



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1Internet instrument to a resident of this State, the
2organization informs (i) the parent or guardian of a person
3age 17 or younger that he or she must obtain a prescription
4issued by a licensed audiologist or licensed physician that
5meets the requirements of Section 4.5 or (ii) a person age 18
6or older that he or she must obtain a prescription issued by a
7hearing instrument professional that meets the requirements of
8Section 4.6. the prospective users that they need the
9following for proper fitting of a hearing instrument:
10        (1) the results of an audiogram performed within the
11    past 6 months by a licensed audiologist or a licensed
12    hearing instrument dispenser; and
13        (2) an earmold impression obtained from the
14    prospective user and taken by a licensed hearing
15    instrument dispenser or licensed audiologist.
16    (f) (Blank). The prospective user receives a medical
17evaluation or the organization affords the prospective user an
18opportunity to waive the medical evaluation requirement of
19Section 4 of this Act and the testing requirement of
20subsection (z) of Section 18, provided that the organization:
21        (1) informs the prospective user that the exercise of
22    the waiver is not in the user's best health interest;
23        (2) does not in any way actively encourage the
24    prospective user to waive the medical evaluation or test;
25    and
26        (3) affords the prospective user the option to sign



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1    the following statement:
2            "I have been advised by .......... (hearing
3        instrument dispenser's name) that the Food and Drug
4        Administration and the State of Illinois have
5        determined that my best interest would be served if I
6        had a medical evaluation by a licensed physician,
7        preferably a physician who specialized in diseases of
8        the ear, before purchasing a hearing instrument; or a
9        test by a licensed audiologist or licensed hearing
10        instrument dispenser utilizing established procedures
11        and instrumentation in the fitting of hearing
12        instruments. I do not wish either a medical evaluation
13        or test before purchasing a hearing instrument."
14    (g) Where a sale, lease, or rental of prescription hearing
15aids are instruments is sold or contracted to be sold to a
16consumer by mail order or via the Internet, the consumer may
17void the contract or sale by notifying the seller within 45
18business days following that day on which the hearing aids
19instruments were mailed by the seller to the consumer and by
20returning to the seller in its original condition any hearing
21aids instrument delivered to the consumer under the contract
22or sale. At the time the hearing aid instrument is mailed, the
23seller shall furnish the consumer with a fully completed
24receipt or copy of any contract pertaining to the sale that
25contains a "Notice of Cancellation" informing the consumer
26that he or she may cancel the sale at any time within 45



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1business days and disclosing the date of the mailing and the
2name, address, and telephone number of the seller. In
3immediate proximity to the space reserved in the contract for
4the signature of the consumer, or on the front page of the
5receipt if a contract is not used, and in bold face type of a
6minimum size of 10 points, there shall be a statement in
7substantially the following form:
8        "You, the buyer, may cancel this transaction at any
9    time prior to midnight of the 45th business day after the
10    date of this transaction. See the attached notice of
11    cancellation form for an explanation of this right."
12    Attached to the receipt or contract shall be a completed
13form in duplicate, captioned "NOTICE OF CANCELLATION" which
14shall be easily detachable and which shall contain in at least
1510 point bold face type the following information and
16statements in the same language as that used in the contract:
enter date of transaction



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9    WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
10    AT (address of seller's place of business) AND (seller's
11    telephone number) NO LATER THAN MIDNIGHT OF
12    ...........(date).
16(Buyers Signature)"
17    The written "Notice of Cancellation" may be sent by the
18consumer to the seller to cancel the contract. The 45-day
19period does not commence until the consumer is furnished the
20Notice of Cancellation and the address and phone number at
21which such notice to the seller can be given.
22    If the conditions of this Section are met, the seller must
23return to the consumer the amount of any payment made or
24consideration given under the contract or for the merchandise
25less a nonrefundable restocking fee.
26    It is an unlawful practice for a seller to: (1) hold a



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1consumer responsible for any liability or obligation under any
2mail order transaction if the consumer claims not to have
3received the merchandise unless the merchandise was sent by
4certified mail or other delivery method by which the seller is
5provided with proof of delivery; (2) fail, before furnishing
6copies of the "Notice of Cancellation" to the consumer, to
7complete both copies by entering the name of the seller, the
8address of the seller's place of business, the seller's
9telephone number, the date of the mailing, and the date, not
10earlier than the 45th business day following the date of the
11mailing, by which the consumer may give notice of
12cancellation; (3) include in any contract or receipt any
13confession of judgment or any waiver of any of the rights to
14which the consumer is entitled under this Section including
15specifically his right to cancel the sale in accordance with
16the provisions of this Section; (4) misrepresent in any manner
17the consumer's right to cancel; (5) use any undue influence,
18coercion, or any other wilful act or representation to
19interfere with the consumer's exercise of his rights under
20this Section; (6) fail or refuse to honor any valid notice of
21cancellation and return of merchandise by a consumer and,
22within 10 business days after the receipt of such notice and
23merchandise pertaining to such transaction, to (i) refund
24payments made under the contract or sale, (ii) return any
25goods or property traded in, in substantially as good
26condition as when received by the person, (iii) cancel and



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1return any negotiable instrument executed by the consumer in
2connection with the contract or sale and take any action
3necessary or appropriate to terminate promptly any security
4interest created in the transaction; (7) negotiate, transfer,
5sell, or assign any note or other evidence of indebtedness to a
6finance company or other third party prior to the 50th
7business day following the day of the mailing; or (8) fail to
8provide the consumer of a hearing aid instrument with written
9information stating the name, address, and telephone number of
10the Department and informing the consumer that complaints
11regarding hearing aid instrument goods or services may be made
12to the Department.
13    (h) The organization employs only licensed hearing
14instrument professionals dispensers in the dispensing of
15hearing aids instruments and files with the Department, by
16January 1 of each year, a list of all licensed hearing
17instrument professionals dispensers employed by it.
18(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
19    (225 ILCS 50/7)  (from Ch. 111, par. 7407)
20    (Section scheduled to be repealed on January 1, 2026)
21    Sec. 7. Exemptions.
22    (a) The following are exempt from this Act:
23        (1) Licensed physicians. This exemption, however, does
24    not apply to a physician's employee or subcontractor who
25    is not a physician.



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1        (2) Persons who only repair or manufacture hearing
2    instruments and their accessories for wholesale.
3    (b) Audiometers used by persons exempt from this Act to
4dispense hearing instruments must meet the annual calibration
5requirements and current standards set by the American
6National Standards Institute.
7    (c) Audiologists licensed under the Illinois
8Speech-Language Pathology and Audiology Practice Act are
9exempt from licensure under this Act, but are otherwise
10subject to the practices and provisions of this Act.
11    (d) Hearing aid technicians are exempt from licensure
12under this Act but are otherwise subject to the practices and
13provisions of this Act.
14(Source: P.A. 91-932, eff. 1-1-01.)
15    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 8. Applicant qualifications; examination.
18    (a) In order to protect persons who are deaf or hard of
19hearing, the Department shall authorize or shall conduct an
20appropriate examination, which may be the International
21Hearing Society's licensure examination, for persons who
22dispense, test, select, recommend, fit, or service hearing
23aids instruments. The frequency of holding these examinations
24shall be determined by the Department by rule. Those who
25successfully pass such an examination shall be issued a



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1license as a hearing instrument dispenser, which shall be
2effective for a 2-year period.
3    (b) Applicants shall be:
4        (1) at least 18 years of age;
5        (2) of good moral character;
6        (3) the holder of an associate's degree or the
7    equivalent;
8        (4) free of contagious or infectious disease; and
9        (5) a citizen or person lawfully present in the United
10    States.
11    Felony convictions of the applicant and findings against
12the applicant involving matters set forth in Sections 17 and
1318 shall be considered in determining moral character, but
14such a conviction or finding shall not make an applicant
15ineligible to register for examination.
16    (c) Prior to engaging in the practice of prescribing,
17fitting, dispensing, or servicing hearing aids instruments, an
18applicant shall demonstrate, by means of written and practical
19examinations, that such person is qualified to practice the
20testing, selecting, recommending, fitting, selling, or
21servicing of hearing aids instruments as defined in this Act.
22An applicant must obtain a license within 12 months after
23passing either the written or practical examination, whichever
24is passed first, or must take and pass those examinations
25again in order to be eligible to receive a license.
26    The Department shall, by rule, determine the conditions



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1under which an individual is examined.
2    (d) Proof of having met the minimum requirements of
3continuing education as determined by the Board shall be
4required of all license renewals. Pursuant to rule, the
5continuing education requirements may, upon petition to the
6Board, be waived in whole or in part if the hearing instrument
7dispenser can demonstrate that he or she served in the Coast
8Guard or Armed Forces, had an extreme hardship, or obtained
9his or her license by examination or endorsement within the
10preceding renewal period.
11    (e) Persons applying for an initial license must
12demonstrate having earned, at a minimum, an associate degree
13or its equivalent from an accredited institution of higher
14education that is recognized by the U.S. Department of
15Education or that meets the U.S. Department of Education
16equivalency as determined through a National Association of
17Credential Evaluation Services (NACES) member, and meet the
18other requirements of this Section. In addition, the applicant
19must demonstrate the successful completion of (1) 12 semester
20hours or 18 quarter hours of academic undergraduate course
21work in an accredited institution consisting of 3 semester
22hours of anatomy and physiology of the hearing mechanism, 3
23semester hours of hearing science, 3 semester hours of
24introduction to audiology, and 3 semester hours of aural
25rehabilitation, or the quarter hour equivalent or (2) an
26equivalent program as determined by the Department that is



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1consistent with the scope of practice of a hearing instrument
2dispenser as defined in Section 3 of this Act. Persons
3licensed before January 1, 2003 who have a valid license on
4that date may have their license renewed without meeting the
5requirements of this subsection.
6(Source: P.A. 102-1030, eff. 5-27-22.)
7    (225 ILCS 50/9)  (from Ch. 111, par. 7409)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 9. Areas of examination. The examination required by
10Section 8 shall be set forth by rule and demonstrate the
11applicant's technical qualifications by:
12        (a) Tests of knowledge in the following areas as they
13    pertain to the testing, selecting, recommending, fitting,
14    and selling of hearing aids instruments:
15            (1) characteristics of sound;
16            (2) the nature of the ear; and
17            (3) the function and maintenance of hearing aids
18        instruments.
19        (b) Practical tests of proficiency in techniques as
20    they pertain to the fitting of hearing aids instruments
21    shall be prescribed by the Department, set forth by rule,
22    and include candidate qualifications in the following
23    areas:
24            (1) pure tone audiometry including air conduction
25        testing and bone conduction testing;



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1            (2) live voice or recorded voice speech
2        audiometry, including speech reception, threshold
3        testing and speech discrimination testing;
4            (3) masking;
5            (4) proper selection and adaptation of a hearing
6        instrument;
7            (5) taking earmold impressions;
8            (6) proper maintenance procedures; and
9            (7) a general knowledge of the medical and
10        physical contra-indications to the use and fitting of
11        a hearing aids instrument.
12        (c) Knowledge of the general medical and hearing
13    rehabilitation facilities in the area being served.
14        (d) Knowledge of the provisions of this Act and the
15    rules promulgated hereunder.
16(Source: P.A. 96-683, eff. 1-1-10.)
17    (225 ILCS 50/9.5)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 9.5. Trainees.
20    (a) In order to receive a trainee license, a person must
21apply to the Department and provide acceptable evidence of his
22or her completion of the required courses pursuant to
23subsection (e) of Section 8 of this Act, or its equivalent as
24determined by the Department. A trainee license expires 12
25months from the date of issue and is non-renewable.



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1    (b) A trainee shall perform the functions of a hearing
2instrument dispenser in accordance with the Department rules
3and only under the direct supervision of a hearing instrument
4dispenser or audiologist who is licensed in the State. For the
5purposes of this Section, "direct supervision" means that the
6licensed hearing instrument dispenser or audiologist shall
7give final approval to all work performed by the trainee and
8shall be physically present anytime the trainee has contact
9with the client. The licensed hearing instrument dispenser or
10audiologist is responsible for all of the work that is
11performed by the trainee.
12    (c) The Department may limit the number of trainees that
13may be under the direct supervision of the same licensed
14hearing instrument dispenser or licensed audiologist.
15    (d) The Department may establish a trainee licensing fee
16by rule.
17    (e) A trainee may be supervised by more than one licensed
18hearing instrument professional. The trainee must complete a
19hearing instrument consumer protection program license
20verification form for each supervising licensed hearing
21instrument professional.
22(Source: P.A. 98-827, eff. 1-1-15.)
23    (225 ILCS 50/12 new)
24    Sec. 12. Hearing aid technicians.
25    (a) Hearing aid technicians may be employed by a hearing



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1instrument professional to assist in the dispensing and
2servicing of hearing instruments without a license. A hearing
3aid technician must work under the direct supervision of a
4licensed hearing instrument professional.
5    (b) The duties of a hearing aid technician are limited to
6the following:
7        (1) packaging and mailing earmold orders, repaired
8    devices, and manufacturer or lab returns;
9        (2) maintaining an inventory of supplies;
10        (3) performing checks on hearing aids and other
11    amplification devices and equipment;
12        (4) troubleshooting and performing minor repairs to
13    hearing aids, earmolds, and other amplification devices
14    which do not alter the shape, sound characteristics, or
15    performance of the device;
16        (5) cleaning of hearing aids and other amplification
17    devices;
18        (6) performing electroacoustic analysis of hearing
19    aids and other amplification devices;
20        (7) instructing patients in proper use and care of
21    hearing aids and other amplification devices;
22        (8) demonstration of alerting and assistive listening
23    devices;
24        (9) performing infection control duties within the
25    clinic or service; and
26        (10) contacting hearing instrument manufacturers and



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1    suppliers regarding status of orders and repairs.
2    (c) The licensed hearing instrument professional is
3responsible for all services performed by the hearing aid
4technician under the professional's direct supervision.
5    (225 ILCS 50/14)  (from Ch. 111, par. 7414)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 14. Powers and duties of the Department. The powers
8and duties of the Department are:
9    (a) To issue licenses and to administer examinations to
10applicants, which must be offered at least on a quarterly
12    (b) To license persons who are qualified to engage in the
13testing, recommending, fitting, selling, and dispensing of
14hearing instruments;
15    (c) To provide the equipment and facilities necessary for
16the examination;
17    (d) To issue and to renew licenses;
18    (e) To suspend or revoke licenses or to take such other
19disciplinary action as provided in this Act;
20    (f) To consider all recommendations and requests of the
21Board and to inform it of all actions of the Department insofar
22as hearing instrument dispensers are concerned, including any
23instances where the actions of the Department are contrary to
24the recommendations of the Board;
25    (g) To promulgate rules necessary to implement this Act;



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1    (h) (Blank); and
2    (i) To conduct such consumer education programs and
3awareness programs for persons with a hearing impairment as
4may be recommended by the Board.
5(Source: P.A. 91-932, eff. 1-1-01.)
6    (225 ILCS 50/16)  (from Ch. 111, par. 7416)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 16. Hearing Instrument Consumer Protection Board.
9There shall be established a Hearing Instrument Consumer
10Protection Board which shall assist, advise and make
11recommendations to the Department.
12    The Board shall consist of 7 6 members who shall be
13residents of Illinois. One shall be a licensed physician who
14specializes in otology or otolaryngology; one shall be a
15member of a consumer-oriented organization concerned with the
16deaf or hard of hearing; one shall be from the general public,
17preferably a senior citizen; 2 shall be licensed hearing
18instrument dispensers who are National Board Certified Hearing
19Instrument Specialists; and 2 one shall be a licensed
20audiologist. If a vote of the Board results in a tie, the
21Director shall cast the deciding vote.
22    Members of the Board shall be appointed by the Director
23after consultation with appropriate professional organizations
24and consumer groups. As soon as practical after the effective
25date of this amendatory Act of the 103rd General Assembly, the



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1Director shall appoint the members of the Board. The term of
2office of each shall be 4 years. Before a member's term
3expires, the Director shall appoint a successor to assume
4member's duties at the expiration of his or her predecessor's
5term. A vacancy shall be filled by appointment for the
6unexpired term. The members shall annually designate one
7member as chairman. No member of the Board who has served 2
8successive, full terms may be reappointed. The Director may
9remove members for good cause.
10    Members of the Board shall receive reimbursement for
11actual and necessary travel and for other expenses, not to
12exceed the limit established by the Department.
13(Source: P.A. 98-827, eff. 1-1-15.)
14    (225 ILCS 50/17)  (from Ch. 111, par. 7417)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 17. Duties of the Board. The Board shall advise the
17Department in all matters relating to this Act and shall
18assist as requested by the Director.
19    The Board shall respond to issues and problems relating to
20the improvement of services to the deaf or hard of hearing and
21shall make such recommendations as it considers advisable. It
22shall file an annual report with the Director and shall meet at
23least twice a year. The Board may meet at any time at the call
24of the chair.
25    The Board shall recommend specialized education programs



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1for persons wishing to become licensed as hearing instrument
2dispensers and shall, by rule, establish minimum standards of
3continuing education required for license renewal. No more
4than 5 hours of continuing education credit per year, however,
5can be obtained through programs sponsored by hearing
6instrument manufacturers. Continuing education credit A
7minimum of 2 hours of continuing education credit per
8licensing period must include a minimum of (i) 2 hours be
9obtained in Illinois law and ethics, (ii) one hour in sexual
10harassment prevention training, and (iii) one hour in implicit
11bias awareness. Continuing education offered by a college,
12university, or bar association, the International Hearing
13Society, the American Academy of Audiology, the American
14Speech-Language-Hearing Association, the Illinois
15Speech-Language-Hearing Association, the Illinois Academy of
16Audiology, or the Illinois Hearing Society regarding Illinois
17law and ethics shall be accepted toward satisfaction of the
18Illinois law and ethics continuing education requirement.
19    The Board shall hear charges brought by any person against
20hearing instrument dispensers and shall recommend disciplinary
21action to the Director.
22    Members of the Board are immune from liability in any
23action based upon a licensing proceeding or other act
24performed in good faith as a member of the Board.
25(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)



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1    (225 ILCS 50/18)  (from Ch. 111, par. 7418)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 18. Discipline by the Department. The Department may
4refuse to issue or renew a license or it may revoke, suspend,
5place on probation, censure, fine, or reprimand a licensee for
6any of the following:
7        (a) Material misstatement in furnishing information to
8    the Department or to any other State or federal agency.
9        (b) Violations of this Act, or the rules promulgated
10    hereunder.
11        (c) Conviction of any crime under the laws of the
12    United States or any state or territory thereof which is a
13    felony or misdemeanor, an essential element of dishonesty,
14    or of any crime which is directly related to the practice
15    of the profession.
16        (d) Making any misrepresentation for the purpose of
17    obtaining a license or renewing a license, including
18    falsification of the continuing education requirement.
19        (e) Professional incompetence.
20        (f) Malpractice.
21        (g) Aiding or assisting another person in violating
22    any provision of this Act or the rules promulgated
23    hereunder.
24        (h) Failing, within 30 days, to provide in writing
25    information in response to a written request made by the
26    Department.



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1        (i) Engaging in dishonorable, unethical, or
2    unprofessional conduct which is likely to deceive,
3    defraud, or harm the public.
4        (j) Knowingly employing, directly or indirectly, any
5    suspended or unlicensed person to perform any services
6    covered by this Act.
7        (k) Habitual intoxication or addiction to the use of
8    drugs.
9        (l) Discipline by another state, the District of
10    Columbia, territory, or a foreign nation, if at least one
11    of the grounds for the discipline is the same or
12    substantially equivalent to those set forth herein.
13        (m) Directly or indirectly giving to or receiving from
14    any person, firm, corporation, partnership, or association
15    any fee, commission, rebate, or other form of compensation
16    for any service not actually rendered. Nothing in this
17    paragraph (m) affects any bona fide independent contractor
18    or employment arrangements among health care
19    professionals, health facilities, health care providers,
20    or other entities, except as otherwise prohibited by law.
21    Any employment arrangements may include provisions for
22    compensation, health insurance, pension, or other
23    employment benefits for the provision of services within
24    the scope of the licensee's practice under this Act.
25    Nothing in this paragraph (m) shall be construed to
26    require an employment arrangement to receive professional



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1    fees for services rendered.
2        (n) A finding by the Board that the licensee, after
3    having his or her license placed on probationary status,
4    has violated the terms of probation.
5        (o) Willfully making or filing false records or
6    reports.
7        (p) Willfully failing to report an instance of
8    suspected child abuse or neglect as required by the Abused
9    and Neglected Child Reporting Act.
10        (q) Physical illness, including, but not limited to,
11    deterioration through the aging process, or loss of motor
12    skill which results in the inability to practice the
13    profession with reasonable judgement, skill or safety.
14        (r) Solicitation of services or products by
15    advertising that is false or misleading. An advertisement
16    is false or misleading if it:
17            (1) contains an intentional misrepresentation of
18        fact;
19            (2) contains a false statement as to the
20        licensee's professional achievements, education,
21        skills, or qualifications in the hearing instrument
22        dispensing profession;
23            (3) makes a partial disclosure of a relevant fact,
24        including:
25                (i) the advertisement of a discounted price of
26            an item without identifying in the advertisement



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1            or at the location of the item either the specific
2            product being offered at the discounted price or
3            the usual price of the item; and
4                (ii) the advertisement of the price of a
5            specifically identified hearing instrument if more
6            than one hearing instrument appears in the same
7            advertisement without an accompanying price;
8            (4) contains a representation that a product
9        innovation is new when, in fact, the product was first
10        offered by the manufacturer to the general public in
11        this State not less than 12 months before the date of
12        the advertisement;
13            (5) contains any other representation, statement,
14        or claim that is inherently misleading or deceptive;
15        or
16            (6) contains information that the licensee
17        manufactures hearing instruments at the licensee's
18        office location unless the following statement
19        includes a statement disclosing that the instruments
20        are manufactured by a specified manufacturer and
21        assembled by the licensee.
22        (s) Participating in subterfuge or misrepresentation
23    in the fitting or servicing of a hearing instrument.
24        (t) (Blank).
25        (u) Representing that the service of a licensed
26    physician or other health professional will be used or



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1    made available in the fitting, adjustment, maintenance, or
2    repair of hearing instruments or hearing aids when that is
3    not true, or using the words "doctor", "audiologist",
4    "clinic", "Clinical Audiologist", "Certified Hearing Aid
5    Audiologist", "State Licensed", "State Certified",
6    "Hearing Instrument Care Professional", "Licensed Hearing
7    Instrument Dispenser", "Licensed Hearing Aid Dispenser",
8    "Board Certified Hearing Instrument Specialist", "Hearing
9    Instrument Specialist", "Licensed Audiologist", or any
10    other term, abbreviation, or symbol which would give the
11    impression that service is being provided by persons who
12    are licensed or awarded a degree or title, or that an
13    entity utilizes the services of an individual who is
14    licensed or has been awarded a degree or title, or that the
15    person's service who is holding the license has been
16    recommended by a governmental agency or health provider,
17    when such is not the case.
18        (v) Advertising a manufacturer's product or using a
19    manufacturer's name or trademark implying a relationship
20    which does not exist.
21        (w) Directly or indirectly giving or offering anything
22    of value to any person who advises another in a
23    professional capacity, as an inducement to influence the
24    purchase of a product sold or offered for sale by a hearing
25    instrument dispenser or influencing persons to refrain
26    from dealing in the products of competitors.



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1        (x) Conducting business while suffering from a
2    contagious disease.
3        (y) Engaging in the fitting or sale of hearing
4    instruments under a name with fraudulent intent.
5        (z) Dispensing a hearing instrument to a person who
6    has not been given tests utilizing appropriate established
7    procedures and instrumentation in the fitting of
8    prescription hearing aids instruments, except where there
9    is the replacement of a hearing instrument, of the same
10    make and model within one year of the dispensing of the
11    original hearing instrument.
12        (aa) Unavailability or unwillingness to adequately
13    provide for service or repair of hearing instruments or
14    hearing aids fitted and sold by the dispenser.
15        (bb) Violating the regulations of the Federal Food and
16    Drug Administration or the Federal Trade Commission as
17    they affect hearing aids or instruments.
18        (cc) Violating any provision of the Consumer Fraud and
19    Deceptive Business Practices Act.
20        (dd) Violating the Health Care Worker Self-Referral
21    Act.
22        (ee) Failing to adequately supervise a hearing aid
23    technician or allowing a hearing aid technician to
24    practice beyond the hearing aid technician's training or
25    the duties set forth in Section 12.
26        (ff) Filing a false claim with a third-party payer.



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1    The Department, with the approval of the Board, may impose
2a fine not to exceed $1,000 plus costs for the first violation
3and not to exceed $5,000 plus costs for each subsequent
4violation of this Act, and the rules promulgated hereunder, on
5any person or entity described in this Act. Such fine may be
6imposed as an alternative to any other disciplinary measure,
7except for probation. The imposition by the Department of a
8fine for any violation does not bar the violation from being
9alleged in subsequent disciplinary proceedings. Such fines
10shall be deposited in the Fund.
11(Source: P.A. 100-201, eff. 8-18-17.)
12    (225 ILCS 50/19)  (from Ch. 111, par. 7419)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 19. Injunctions; civil penalties.
15    (a) The practice of prescribing, fitting, dispensing, and
16servicing hearing instruments or hearing aids by any person
17not at that time in possession of a valid and current license
18under this Act is hereby declared to be a Class A misdemeanor.
19The Director of the Department, through the Attorney General
20or the State's Attorney of any county, may maintain an action
21in the name of the people of the State of Illinois and may
22apply for an injunction in the circuit court to enjoin such
23person from engaging in such practice. Any person may apply
24for an injunction in the circuit court to enjoin a person from
25engaging without a license in practices for which a license is



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1required under this Act. Upon the filing of a verified
2petition in such court, the court, if satisfied by affidavit
3or otherwise, that such person has been engaged in such
4practice without a current license to do so, may enter a
5temporary restraining order without notice or bond, enjoining
6the defendant from such further practice. A copy of the
7verified complaint shall be served upon the defendant and the
8proceedings shall thereafter be conducted as other civil
9cases. If it is established that the defendant has been, or is
10engaged in any unlawful practice, the court may enter an order
11or judgment perpetually enjoining the defendant from further
12such practice. In all proceedings hereunder, the court, in its
13discretion, may apportion the costs among the parties
14interested in the action, including cost of filing the
15complaint, service of process, witness fees and expenses,
16court reporter charges and reasonable attorneys fees. In case
17of violation of any injunctive order entered pursuant to this
18Section, the court, may try and punish the offender for
19contempt of court. Such injunctive proceedings shall be in
20addition to all penalties and other remedies in this Act. Any
21such costs that may accrue to the Department shall be placed in
22the Fund.
23    (b) A person who engages in the selling of hearing
24instruments or hearing aids or the practice of prescribing,
25fitting, dispensing, or servicing hearing instruments or
26hearing aids or displays a sign, advertises, or represents



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1himself or herself as a person who practices the fitting and
2selling of hearing instruments or hearing aids without being
3licensed or exempt under this Act shall, in addition to any
4other penalty provided by law, pay a civil penalty to the
5Department in an amount not to exceed $5,000 for each offense,
6as determined by the Department. The civil penalty shall be
7assessed by the Department after a hearing is held in
8accordance with the provisions set forth in this Act regarding
9the provision of a hearing for the discipline of a licensee.
10    (c) The Department may investigate any actual, alleged, or
11suspected unlicensed activity.
12    (d) The civil penalty shall be paid within 60 days after
13the effective date of the order imposing the civil penalty.
14The order shall constitute a judgment and may be filed and
15execution had thereon in the same manner as any judgment from
16any court of record.
17(Source: P.A. 89-72, eff. 12-31-95.)
18    (225 ILCS 50/20)  (from Ch. 111, par. 7420)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 20. Inactive status. A hearing instrument dispenser
21who notifies the Department, on the prescribed forms, may
22place his or her license on inactive status and shall be exempt
23from payment of renewal fees until he or she notifies the
24Department in writing, of the intention to resume the practice
25of testing, fitting, dispensing, selecting, recommending, and



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1servicing hearing aids instruments and pays the current
2renewal fee and demonstrates compliance with any continuing
3education that may be required. However, if such period of
4inactive status is more than 2 years, the hearing instrument
5dispenser shall also provide the Department with sworn
6evidence certifying to active practice in another jurisdiction
7that is satisfactory to the Department. If such person has not
8practiced in any jurisdiction for 2 years or more, he or she
9shall be required to restore his or her license by retaking and
10passing the examinations required in Section 8. Any hearing
11instrument dispenser whose license is on inactive status shall
12not practice in Illinois.
13(Source: P.A. 89-72, eff. 12-31-95.)
14    Section 99. Effective date. This Act takes effect January
151, 2024.".