Illinois General Assembly - Full Text of SB1721
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1721  103rd General Assembly


Sen. Laura Fine

Filed: 3/24/2023





10300SB1721sam001LRB103 27016 SPS 59212 a


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7    (Section scheduled to be repealed on December 31, 2026)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



10300SB1721sam001- 2 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 3 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 4 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 5 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 6 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 7 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 8 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 9 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 10 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 11 -LRB103 27016 SPS 59212 a

1functions of a hearing instrument dispenser in accordance with
2the Department rules and only under the direct supervision of
3a hearing instrument dispenser or audiologist who is licensed
4in 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



10300SB1721sam001- 12 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 13 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 14 -LRB103 27016 SPS 59212 a

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 dispenser shall give at no charge to every
15person fitted and sold a hearing aid instrument the "User
16Instructional Brochure", supplied by the hearing aid
17instrument manufacturer containing information required by the
18U.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



10300SB1721sam001- 15 -LRB103 27016 SPS 59212 a

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.



10300SB1721sam001- 16 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 17 -LRB103 27016 SPS 59212 a

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 dispenser or the dispenser's his or
13her employer shall retain proof of the medical examination or
14the waiver for at least 3 years from the date of the sale.
15    If the parent or guardian of any individual under the age
16of 18 years is a member of any church or religious
17denomination, whose tenets and practices include reliance upon
18spiritual means through prayer alone and objects to medical
19treatment and so states in writing to the hearing instrument
20dispenser, such individual shall undergo a hearing examination
21as provided by this Section but no proof, ruling out any
22medically treatable problem causing hearing loss, shall be
24    All persons licensed under this Act shall have
25conspicuously displayed in their business establishment a sign
26indicating that formal complaints regarding hearing aid



10300SB1721sam001- 18 -LRB103 27016 SPS 59212 a

1instrument goods or services may be made to the Department.
2Such sign shall give the address and telephone number of the
3Department. All persons purchasing hearing aids instruments
4shall be provided with a written statement indicating that
5formal complaints regarding hearing aid instrument goods or
6services may be made to the Department and disclosing the
7address and telephone number of the Department.
8    Any person wishing to make a complaint, against a hearing
9instrument dispenser under this Act, shall file it with the
10Department within 3 years from the date of the action upon
11which the complaint is based. The Department shall investigate
12all such complaints.
13    All persons licensed under this Act shall maintain
14liability insurance as set forth by rule and shall be
15responsible for the annual calibration of all audiometers in
16use by such persons. Such annual calibrations shall be in
17conformance with the current standards set by American
18National Standard Institute.
19(Source: P.A. 91-932, eff. 1-1-01.)
20    (225 ILCS 50/4.5 new)
21    Sec. 4.5. Hearing aids dispensed by prescription to
22persons age 17 or younger.
23    (a) A hearing instrument professional shall not sell a
24prescription hearing aid to anyone under 18 years of age
25unless the prospective user has presented to the hearing



10300SB1721sam001- 19 -LRB103 27016 SPS 59212 a

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



10300SB1721sam001- 20 -LRB103 27016 SPS 59212 a

1    physician;
2        (3) date the prescription is issued;
3        (4) expiration date of the prescription, which may not
4    exceed 6 months from the date of issuance;
5        (5) name and license number of the prescribing hearing
6    instrument professional;
7        (6) results of the following assessments: (i)
8    age-appropriate pure-tone air conduction audiometry or
9    results of auditory evoked potential testing, including,
10    but not limited to, auditory brainstem response or
11    otoacoustic emissions testing; (ii) bone conduction
12    testing, as age appropriate; and (iii) recorded or live
13    voice speech in quiet, as age appropriate;
14        (7) documentation of type and style of hearing aid;
15    and
16        (8) documentation of medical necessity of the
17    recommended features of a hearing aid.
18    (225 ILCS 50/4.6 new)
19    Sec. 4.6. Prescription hearing aids for persons age 18 or
21    (a) A person age 18 or older must be evaluated by a hearing
22instrument professional in person or via telehealth before
23receiving a prescription for a hearing aid. A person age 18 or
24older may not waive evaluation by a hearing instrument
25professional unless he or she is replacing a lost or stolen



10300SB1721sam001- 21 -LRB103 27016 SPS 59212 a

1hearing aid that is subject to warranty replacement.
2    (b) A hearing instrument professional shall not sell
3prescription hearing aid to anyone age 18 or older if the
4prospective user had a negative finding on the Consumer Ear
5Disease Risk Assessment or a similar standardized assessment.
6The prospective user shall present to the hearing instrument
7professional a written statement, signed by a licensed
8physician, which states that the patient's hearing loss has
9been medically evaluated and the patient is considered a
10candidate for a prescription hearing aid. The medical
11evaluation must have been performed within the 12 months
12immediately preceding the date of the sale of the hearing aid
13to the prospective hearing aid user.
14    (c) A hearing aid prescription for individuals age 18 or
15older must include, at a minimum, the following information:
16        (1) name of the patient;
17        (2) date the prescription is issued;
18        (3) expiration date of the prescription, which may not
19    exceed one year from the date of issuance;
20        (4) name and license number of the prescribing hearing
21    instrument professional;
22        (5) results of the following assessments:
23            (A) hearing handicap inventory or similar
24        standardized, evidence-based tool;
25            (B) pure-tone air conduction audiometry;
26            (C) bone conduction testing or consumer ear



10300SB1721sam001- 22 -LRB103 27016 SPS 59212 a

1        disease risk assessment or a similar standardized
2        evidence-based tool;
3            (D) recorded speech in quiet, as medically
4        appropriate;
5            (E) recorded speech or digits in noise, as medical
6        appropriate;
7        (6) documentation of type and style of hearing aid;
8    and
9        (7) documentation of medical necessity of the
10    recommended features of a hearing aid.
11    (225 ILCS 50/5)  (from Ch. 111, par. 7405)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 5. License required. No person shall engage in the
14selling, practice of testing, fitting, selecting,
15recommending, adapting, dispensing, or servicing hearing aids
16instruments or display a sign, advertise, or represent oneself
17as a person who practices the fitting or selling of hearing
18aids instruments unless such person holds a current license
19issued by the Department as provided in this Act. Such person
20shall be known as a licensed hearing instrument dispenser.
21Individuals licensed pursuant to the provisions of Section 8
22of this Act shall be deemed qualified to provide tests of human
23hearing and hearing aid instrument evaluations for the purpose
24of dispensing a hearing aid instrument for which any State
25agency may contract. The license shall be conspicuously



10300SB1721sam001- 23 -LRB103 27016 SPS 59212 a

1displayed in the place of business. Duplicate licenses shall
2be issued by the Department to licensees operating more than
3one office upon the additional payment set forth in this Act.
4No hearing aids instrument manufacturer may distribute, sell,
5or otherwise provide hearing aids instruments to any
6unlicensed hearing instrument care professional for the
7purpose of selling hearing aids instruments to the consumer.
8    Except for violations of the provisions of this Act, or
9the rules promulgated under it, nothing in this Act shall
10prohibit a corporation, partnership, trust, association, or
11other entity from engaging in the business of testing,
12fitting, servicing, selecting, dispensing, selling, or
13offering for sale hearing aid instruments at retail without a
14license, provided it employs only licensed individuals in the
15direct testing, fitting, servicing, selecting, offering for
16sale, or dispensing of such products. Each such corporation,
17partnership, trust, association, or other entity shall file
18with the Department, prior to doing business in this State and
19by July 1 of each calendar year thereafter, on forms
20prescribed by the Department, a list of all licensed hearing
21instrument dispensers employed by it and a statement attesting
22that it complies with this Act and the rules promulgated under
23it and the regulations of the Federal Food and Drug
24Administration and the Federal Trade Commission insofar as
25they are applicable.
26(Source: P.A. 99-204, eff. 7-30-15.)



10300SB1721sam001- 24 -LRB103 27016 SPS 59212 a

1    (225 ILCS 50/6)  (from Ch. 111, par. 7406)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 6. Mail order and Internet sales. Nothing in this Act
4shall prohibit a corporation, partnership, trust, association,
5or other organization, maintaining an established business
6address, from engaging in the business of selling or offering
7for sale hearing aids instruments at retail by mail or by
8Internet to persons 18 years of age or older who have not been
9examined by a licensed physician or tested by a licensed
10hearing instrument dispenser provided that:
11    (a) The organization is registered by the Department prior
12to engaging in business in this State and has paid the fee set
13forth in this Act.
14    (b) The organization files with the Department, prior to
15registration and annually thereafter, a Disclosure Statement
16containing the following:
17        (1) the name under which the organization is doing or
18    intends to do business and the name of any affiliated
19    company which the organization recommends or will
20    recommend to persons as a supplier of goods or services or
21    in connection with other business transactions of the
22    organization;
23        (2) the organization's principal business address and
24    the name and address of its agent in this State authorized
25    to receive service of process;



10300SB1721sam001- 25 -LRB103 27016 SPS 59212 a

1        (3) the business form of the organization, whether
2    corporate, partnership, or otherwise and the state or
3    other sovereign power under which the organization is
4    organized;
5        (4) the names of the directors or persons performing
6    similar functions and names and addresses of the chief
7    executive officer, and the financial, accounting, sales,
8    and other principal executive officers, if the
9    organization is a corporation, association, or other
10    similar entity; of all general partners, if the
11    organization is a partnership; and of the owner, if the
12    organization is a sole proprietorship, together with a
13    statement of the business background during the past 5
14    years for each such person;
15        (5) a statement as to whether the organization or any
16    person identified in the disclosure statement:
17            (i) has during the 5 year period immediately
18        preceding the date of the disclosure statement been
19        convicted of a felony, pleaded nolo contendere to a
20        felony charge, or been held liable in a civil action by
21        final judgment, if such felony or civil action
22        involved fraud, embezzlement, or misappropriation of
23        property, and a description thereof; or
24            (ii) is subject to any currently effective
25        injunctive or restrictive order as a result of a
26        proceeding or pending action brought by any government



10300SB1721sam001- 26 -LRB103 27016 SPS 59212 a

1        agency or department, and a description thereof; or
2            (iii) is a defendant in any pending criminal or
3        material civil action relating to fraud, embezzlement,
4        misappropriation of property or violations of the
5        antitrust or trade regulation laws of the United
6        States or any state, and a description thereof; or
7            (iv) has during the 5-year 5 year period
8        immediately preceding the date of the disclosure
9        statement had entered against such person or
10        organization a final judgment in any material civil
11        proceeding, and a description thereof; or
12            (v) has during the 5-year 5 year period
13        immediately preceding the date of the disclosure
14        statement been adjudicated a bankrupt or reorganized
15        due to insolvency or was a principal executive officer
16        or general partner of any company that has been
17        adjudicated a bankrupt or reorganized due to
18        insolvency during such 5-year 5 year period, and a
19        description thereof;
20        (6) the length of time the organization and any
21    predecessor of the organization has conducted a business
22    dealing with hearing aid instrument goods or services;
23        (7) a financial statement of the organization as of
24    the close of the most recent fiscal year of the
25    organization. If the financial statement is filed later
26    than 120 days following the close of the fiscal year of the



10300SB1721sam001- 27 -LRB103 27016 SPS 59212 a

1    organization it must be accompanied by a statement of the
2    organization of any material changes in the financial
3    condition of the organization;
4        (8) a general description of the business, including
5    without limitation a description of the goods, training
6    programs, supervision, advertising, promotion and other
7    services provided by the organization;
8        (9) a statement of any compensation or other benefit
9    given or promised to a public figure arising, in whole or
10    in part, from (i) the use of the public figure in the name
11    or symbol of the organization or (ii) the endorsement or
12    recommendation of the organization by the public figure in
13    advertisements;
14        (10) a statement setting forth such additional
15    information and such comments and explanations relative to
16    the information contained in the disclosure statement as
17    the organization may desire to present.
18    (b-5) If a device being sold does not meet the definition
19of an over-the-counter a hearing aid or a prescription hearing
20aid, instrument or hearing device as stated in this Act, the
21organization shall include a disclaimer in all written or
22electronic promotions. The disclaimer shall include the
23following language:
24        "This is not a hearing instrument or hearing aid as
25    defined in the Hearing Instrument Consumer Protection Act,
26    but a personal sound amplification product amplifier and



10300SB1721sam001- 28 -LRB103 27016 SPS 59212 a

1    not intended to replace a properly fitted and calibrated
2    hearing aid or treat hearing loss instrument.".
3    (c) The organization files with the Department prior to
4registration and annually thereafter a statement that it
5complies with the Act, the rules issued pursuant to it, and the
6regulations of the Federal Food and Drug Administration and
7the Federal Trade Commission insofar as they are applicable.
8    (d) The organization files with the Department at the time
9of registration an irrevocable consent to service of process
10authorizing the Department and any of its successors to be
11served any notice, process, or pleading in any action or
12proceeding against the organization arising out of or in
13connection with any violation of this Act. Such service shall
14have the effect of conferring personal jurisdiction over such
15organization in any court of competent jurisdiction.
16    (e) Before dispensing a hearing aid by mail or over the
17Internet instrument to a resident of this State, the
18organization informs the prospective users that they need to
19obtain a prescription issued by a hearing instrument
20professional that meets the requirements of Section 4.5 of
21this Act. the following for proper fitting of a hearing
23        (1) the results of an audiogram performed within the
24    past 6 months by a licensed audiologist or a licensed
25    hearing instrument dispenser; and
26        (2) an earmold impression obtained from the



10300SB1721sam001- 29 -LRB103 27016 SPS 59212 a

1    prospective user and taken by a licensed hearing
2    instrument dispenser or licensed audiologist.
3    (f) (Blank). The prospective user receives a medical
4evaluation or the organization affords the prospective user an
5opportunity to waive the medical evaluation requirement of
6Section 4 of this Act and the testing requirement of
7subsection (z) of Section 18, provided that the organization:
8        (1) informs the prospective user that the exercise of
9    the waiver is not in the user's best health interest;
10        (2) does not in any way actively encourage the
11    prospective user to waive the medical evaluation or test;
12    and
13        (3) affords the prospective user the option to sign
14    the following statement:
15            "I have been advised by .......... (hearing
16        instrument dispenser's name) that the Food and Drug
17        Administration and the State of Illinois have
18        determined that my best interest would be served if I
19        had a medical evaluation by a licensed physician,
20        preferably a physician who specialized in diseases of
21        the ear, before purchasing a hearing instrument; or a
22        test by a licensed audiologist or licensed hearing
23        instrument dispenser utilizing established procedures
24        and instrumentation in the fitting of hearing
25        instruments. I do not wish either a medical evaluation
26        or test before purchasing a hearing instrument."



10300SB1721sam001- 30 -LRB103 27016 SPS 59212 a

1    (g) Where a sale, lease, or rental of prescription hearing
2aids are instruments is sold or contracted to be sold to a
3consumer by mail order or via the Internet, the consumer may
4void the contract or sale by notifying the seller within 45
5business days following that day on which the hearing aids
6instruments were mailed by the seller to the consumer and by
7returning to the seller in its original condition any hearing
8aids instrument delivered to the consumer under the contract
9or sale. At the time the hearing aid instrument is mailed, the
10seller shall furnish the consumer with a fully completed
11receipt or copy of any contract pertaining to the sale that
12contains a "Notice of Cancellation" informing the consumer
13that he or she may cancel the sale at any time within 45
14business days and disclosing the date of the mailing and the
15name, address, and telephone number of the seller. In
16immediate proximity to the space reserved in the contract for
17the signature of the consumer, or on the front page of the
18receipt if a contract is not used, and in bold face type of a
19minimum size of 10 points, there shall be a statement in
20substantially the following form:
21        "You, the buyer, may cancel this transaction at any
22    time prior to midnight of the 45th business day after the
23    date of this transaction. See the attached notice of
24    cancellation form for an explanation of this right."
25    Attached to the receipt or contract shall be a completed
26form in duplicate, captioned "NOTICE OF CANCELLATION" which



10300SB1721sam001- 31 -LRB103 27016 SPS 59212 a

1shall be easily detachable and which shall contain in at least
210 point bold face type the following information and
3statements in the same language as that used in the contract:
enter date of transaction
22    WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),
23    AT (address of seller's place of business) AND (seller's
24    telephone number) NO LATER THAN MIDNIGHT OF
25    ...........(date).



10300SB1721sam001- 32 -LRB103 27016 SPS 59212 a

3(Buyers Signature)"
4    The written "Notice of Cancellation" may be sent by the
5consumer to the seller to cancel the contract. The 45-day
6period does not commence until the consumer is furnished the
7Notice of Cancellation and the address and phone number at
8which such notice to the seller can be given.
9    If the conditions of this Section are met, the seller must
10return to the consumer the amount of any payment made or
11consideration given under the contract or for the merchandise
12less a nonrefundable restocking fee.
13    It is an unlawful practice for a seller to: (1) hold a
14consumer responsible for any liability or obligation under any
15mail order transaction if the consumer claims not to have
16received the merchandise unless the merchandise was sent by
17certified mail or other delivery method by which the seller is
18provided with proof of delivery; (2) fail, before furnishing
19copies of the "Notice of Cancellation" to the consumer, to
20complete both copies by entering the name of the seller, the
21address of the seller's place of business, the seller's
22telephone number, the date of the mailing, and the date, not
23earlier than the 45th business day following the date of the
24mailing, by which the consumer may give notice of
25cancellation; (3) include in any contract or receipt any
26confession of judgment or any waiver of any of the rights to



10300SB1721sam001- 33 -LRB103 27016 SPS 59212 a

1which the consumer is entitled under this Section including
2specifically his right to cancel the sale in accordance with
3the provisions of this Section; (4) misrepresent in any manner
4the consumer's right to cancel; (5) use any undue influence,
5coercion, or any other wilful act or representation to
6interfere with the consumer's exercise of his rights under
7this Section; (6) fail or refuse to honor any valid notice of
8cancellation and return of merchandise by a consumer and,
9within 10 business days after the receipt of such notice and
10merchandise pertaining to such transaction, to (i) refund
11payments made under the contract or sale, (ii) return any
12goods or property traded in, in substantially as good
13condition as when received by the person, (iii) cancel and
14return any negotiable instrument executed by the consumer in
15connection with the contract or sale and take any action
16necessary or appropriate to terminate promptly any security
17interest created in the transaction; (7) negotiate, transfer,
18sell, or assign any note or other evidence of indebtedness to a
19finance company or other third party prior to the 50th
20business day following the day of the mailing; or (8) fail to
21provide the consumer of a hearing aid instrument with written
22information stating the name, address, and telephone number of
23the Department and informing the consumer that complaints
24regarding hearing aid instrument goods or services may be made
25to the Department.
26    (h) The organization employs only licensed audiologists



10300SB1721sam001- 34 -LRB103 27016 SPS 59212 a

1and licensed hearing instrument dispensers in the dispensing
2of hearing aids instruments and files with the Department, by
3January 1 of each year, a list of all licensed audiologists and
4licensed hearing instrument dispensers employed by it.
5(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
6    (225 ILCS 50/7)  (from Ch. 111, par. 7407)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 7. Exemptions.
9    (a) The following are exempt from this Act:
10        (1) Licensed physicians. This exemption, however, does
11    not apply to a physician's employee or subcontractor who
12    is not a physician.
13        (2) Persons who only repair or manufacture hearing
14    instruments and their accessories for wholesale.
15    (b) Audiometers used by persons exempt from this Act to
16dispense hearing instruments must meet the annual calibration
17requirements and current standards set by the American
18National Standards Institute.
19    (c) Audiologists licensed under the Illinois
20Speech-Language Pathology and Audiology Practice Act are
21exempt from licensure under this Act, but are otherwise
22subject to the practices and provisions of this Act.
23    (d) Hearing aid dispensing technicians are exempt from
24licensure under this Act but are otherwise subject to the
25practices and provisions of this Act.



10300SB1721sam001- 35 -LRB103 27016 SPS 59212 a

1(Source: P.A. 91-932, eff. 1-1-01.)
2    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 8. Applicant qualifications; examination.
5    (a) In order to protect persons who are deaf or hard of
6hearing, the Department shall authorize or shall conduct an
7appropriate examination, which may be the International
8Hearing Society's licensure examination, for persons who
9dispense, test, select, recommend, fit, or service hearing
10aids instruments. The frequency of holding these examinations
11shall be determined by the Department by rule. Those who
12successfully pass such an examination shall be issued a
13license as a hearing instrument dispenser, which shall be
14effective for a 2-year period.
15    (b) Applicants shall be:
16        (1) at least 18 years of age;
17        (2) of good moral character;
18        (3) the holder of an associate's degree or the
19    equivalent;
20        (4) free of contagious or infectious disease; and
21        (5) a citizen or person lawfully present in the United
22    States.
23    Felony convictions of the applicant and findings against
24the applicant involving matters set forth in Sections 17 and
2518 shall be considered in determining moral character, but



10300SB1721sam001- 36 -LRB103 27016 SPS 59212 a

1such a conviction or finding shall not make an applicant
2ineligible to register for examination.
3    (c) Prior to engaging in the practice of fitting,
4dispensing, or servicing hearing aids instruments, an
5applicant shall demonstrate, by means of written and practical
6examinations, that such person is qualified to practice the
7testing, selecting, recommending, fitting, selling, or
8servicing of hearing aids instruments as defined in this Act.
9An applicant must obtain a license within 12 months after
10passing either the written or practical examination, whichever
11is passed first, or must take and pass those examinations
12again in order to be eligible to receive a license.
13    The Department shall, by rule, determine the conditions
14under which an individual is examined.
15    (d) Proof of having met the minimum requirements of
16continuing education as determined by the Board shall be
17required of all license renewals. Pursuant to rule, the
18continuing education requirements may, upon petition to the
19Board, be waived in whole or in part if the hearing instrument
20dispenser can demonstrate that he or she served in the Coast
21Guard or Armed Forces, had an extreme hardship, or obtained
22his or her license by examination or endorsement within the
23preceding renewal period.
24    (e) Persons applying for an initial license must
25demonstrate having earned, at a minimum, an associate degree
26or its equivalent from an accredited institution of higher



10300SB1721sam001- 37 -LRB103 27016 SPS 59212 a

1education that is recognized by the U.S. Department of
2Education or that meets the U.S. Department of Education
3equivalency as determined through a National Association of
4Credential Evaluation Services (NACES) member, and meet the
5other requirements of this Section. In addition, the applicant
6must demonstrate the successful completion of (1) 12 semester
7hours or 18 quarter hours of academic undergraduate course
8work in an accredited institution consisting of 3 semester
9hours of anatomy and physiology of the hearing mechanism, 3
10semester hours of hearing science, 3 semester hours of
11introduction to audiology, and 3 semester hours of aural
12rehabilitation, or the quarter hour equivalent or (2) an
13equivalent program as determined by the Department that is
14consistent with the scope of practice of a hearing instrument
15dispenser as defined in Section 3 of this Act. Persons
16licensed before January 1, 2003 who have a valid license on
17that date may have their license renewed without meeting the
18requirements of this subsection.
19(Source: P.A. 102-1030, eff. 5-27-22.)
20    (225 ILCS 50/9)  (from Ch. 111, par. 7409)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 9. Areas of examination. The examination required by
23Section 8 shall be set forth by rule and demonstrate the
24applicant's technical qualifications by:
25        (a) Tests of knowledge in the following areas as they



10300SB1721sam001- 38 -LRB103 27016 SPS 59212 a

1    pertain to the testing, selecting, recommending, fitting,
2    and selling of hearing aids instruments:
3            (1) characteristics of sound;
4            (2) the nature of the ear; and
5            (3) the function and maintenance of hearing aids
6        instruments.
7        (b) Practical tests of proficiency in techniques as
8    they pertain to the fitting of hearing aids instruments
9    shall be prescribed by the Department, set forth by rule,
10    and include candidate qualifications in the following
11    areas:
12            (1) pure tone audiometry including air conduction
13        testing and bone conduction testing;
14            (2) live voice or recorded voice speech
15        audiometry, including speech reception, threshold
16        testing and speech discrimination testing;
17            (3) masking;
18            (4) proper selection and adaptation of a hearing
19        instrument;
20            (5) taking earmold impressions;
21            (6) proper maintenance procedures; and
22            (7) a general knowledge of the medical and
23        physical contra-indications to the use and fitting of
24        a hearing aids instrument.
25        (c) Knowledge of the general medical and hearing
26    rehabilitation facilities in the area being served.



10300SB1721sam001- 39 -LRB103 27016 SPS 59212 a

1        (d) Knowledge of the provisions of this Act and the
2    rules promulgated hereunder.
3(Source: P.A. 96-683, eff. 1-1-10.)
4    (225 ILCS 50/9.5)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 9.5. Trainees.
7    (a) In order to receive a trainee license, a person must
8apply to the Department and provide acceptable evidence of his
9or her completion of the required courses pursuant to
10subsection (e) of Section 8 of this Act, or its equivalent as
11determined by the Department. A trainee license expires 12
12months from the date of issue and is non-renewable.
13    (b) A trainee shall perform the functions of a hearing
14instrument dispenser in accordance with the Department rules
15and only under the direct supervision of a hearing instrument
16dispenser or audiologist who is licensed in the State. For the
17purposes of this Section, "direct supervision" means that the
18licensed hearing instrument dispenser or audiologist shall
19give final approval to all work performed by the trainee and
20shall be physically present anytime the trainee has contact
21with the client. The licensed hearing instrument dispenser or
22audiologist is responsible for all of the work that is
23performed by the trainee.
24    (c) The Department may limit the number of trainees that
25may be under the direct supervision of the same licensed



10300SB1721sam001- 40 -LRB103 27016 SPS 59212 a

1hearing instrument dispenser or licensed audiologist.
2    (d) The Department may establish a trainee licensing fee
3by rule.
4    (e) A trainee may be supervised by more than one licensed
5hearing instrument professional. The trainee must complete a
6hearing instrument consumer protection program license
7verification form for each supervising licensed hearing
8instrument professional.
9(Source: P.A. 98-827, eff. 1-1-15.)
10    (225 ILCS 50/12 new)
11    Sec. 12. Hearing aid technicians.
12    (a) Hearing aid technicians may be employed by a hearing
13instrument professional to assist in the dispensing and
14servicing of hearing instruments without a license. A hearing
15aid technician must work under the direct supervision of a
16licensed hearing instrument professional.
17    (b) The duties of a hearing aid technician are limited to
18the following:
19        (1) packaging and mailing earmold orders, repaired
20    devices, and manufacturer or lab returns;
21        (2) maintaining an inventory of supplies;
22        (3) performing checks on hearing aids and other
23    amplification devices and equipment;
24        (4) troubleshooting and performing minor repairs to
25    hearing aids, earmolds, and other amplification devices



10300SB1721sam001- 41 -LRB103 27016 SPS 59212 a

1    which do not alter the shape, sound characteristics, or
2    performance of the device;
3        (5) cleaning of hearing aids and other amplification
4    devices;
5        (6) performing electroacoustic analysis of hearing
6    aids and other amplification devices;
7        (7) instructing patients in proper use and care of
8    hearing aids and other amplification devices;
9        (8) demonstration of alerting and assistive listening
10    devices;
11        (9) performing infection control duties within the
12    clinic or service; and
13        (10) contacting hearing instrument manufacturers and
14    suppliers regarding status of orders and repairs.
15    (c) The licensed hearing instrument professional is
16responsible for all services performed by the hearing aid
17technician under the professional's direct supervision.
18    (225 ILCS 50/14)  (from Ch. 111, par. 7414)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 14. Powers and duties of the Department. The powers
21and duties of the Department are:
22    (a) To issue licenses and to administer examinations to
23applicants, which must be offered at least on a quarterly
25    (b) To license persons who are qualified to engage in the



10300SB1721sam001- 42 -LRB103 27016 SPS 59212 a

1testing, recommending, fitting, selling, and dispensing of
2hearing instruments;
3    (c) To provide the equipment and facilities necessary for
4the examination;
5    (d) To issue and to renew licenses;
6    (e) To suspend or revoke licenses or to take such other
7disciplinary action as provided in this Act;
8    (f) To consider all recommendations and requests of the
9Board and to inform it of all actions of the Department insofar
10as hearing instrument dispensers are concerned, including any
11instances where the actions of the Department are contrary to
12the recommendations of the Board;
13    (g) To promulgate rules necessary to implement this Act;
14    (h) (Blank); and
15    (i) To conduct such consumer education programs and
16awareness programs for persons with a hearing impairment as
17may be recommended by the Board.
18(Source: P.A. 91-932, eff. 1-1-01.)
19    (225 ILCS 50/16)  (from Ch. 111, par. 7416)
20    (Section scheduled to be repealed on January 1, 2026)
21    Sec. 16. Hearing Instrument Consumer Protection Board.
22There shall be established a Hearing Instrument Consumer
23Protection Board which shall assist, advise and make
24recommendations to the Department.
25    The Board shall consist of 7 6 members who shall be



10300SB1721sam001- 43 -LRB103 27016 SPS 59212 a

1residents of Illinois. One shall be a licensed physician who
2specializes in otology or otolaryngology; one shall be a
3member of a consumer-oriented organization concerned with the
4deaf or hard of hearing; one shall be from the general public,
5preferably a senior citizen; 2 shall be licensed hearing
6instrument dispensers who are National Board Certified Hearing
7Instrument Specialists; and 2 one shall be a licensed
8audiologist. If a vote of the Board results in a tie, the
9Director shall cast the deciding vote.
10    Members of the Board shall be appointed by the Director
11after consultation with appropriate professional organizations
12and consumer groups. As soon as practical after the effective
13date of this amendatory Act of the 103rd General Assembly, the
14Director shall appoint the members of the Board. The term of
15office of each shall be 4 years. Before a member's term
16expires, the Director shall appoint a successor to assume
17member's duties at the expiration of his or her predecessor's
18term. A vacancy shall be filled by appointment for the
19unexpired term. The members shall annually designate one
20member as chairman. No member of the Board who has served 2
21successive, full terms may be reappointed. The Director may
22remove members for good cause.
23    Members of the Board shall receive reimbursement for
24actual and necessary travel and for other expenses, not to
25exceed the limit established by the Department.
26(Source: P.A. 98-827, eff. 1-1-15.)



10300SB1721sam001- 44 -LRB103 27016 SPS 59212 a

1    (225 ILCS 50/17)  (from Ch. 111, par. 7417)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 17. Duties of the Board. The Board shall advise the
4Department in all matters relating to this Act and shall
5assist as requested by the Director.
6    The Board shall respond to issues and problems relating to
7the improvement of services to the deaf or hard of hearing and
8shall make such recommendations as it considers advisable. It
9shall file an annual report with the Director and shall meet at
10least twice a year. The Board may meet at any time at the call
11of the chair.
12    The Board shall recommend specialized education programs
13for persons wishing to become licensed as hearing instrument
14dispensers and shall, by rule, establish minimum standards of
15continuing education required for license renewal. No more
16than 5 hours of continuing education credit per year, however,
17can be obtained through programs sponsored by hearing
18instrument manufacturers. Continuing education credit A
19minimum of 2 hours of continuing education credit per
20licensing period must include a minimum of (i) 2 hours be
21obtained in Illinois law and ethics, (ii) one hour in sexual
22harassment prevention training, and (iii) one hour in implicit
23bias awareness. Continuing education offered by a college,
24university, or bar association, the International Hearing
25Society, the American Academy of Audiology, the American



10300SB1721sam001- 45 -LRB103 27016 SPS 59212 a

1Speech-Language-Hearing Association, the Illinois
2Speech-Language-Hearing Association, the Illinois Academy of
3Audiology, or the Illinois Hearing Society regarding Illinois
4law and ethics shall be accepted toward satisfaction of the
5Illinois law and ethics continuing education requirement.
6    The Board shall hear charges brought by any person against
7hearing instrument dispensers and shall recommend disciplinary
8action to the Director.
9    Members of the Board are immune from liability in any
10action based upon a licensing proceeding or other act
11performed in good faith as a member of the Board.
12(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
13    (225 ILCS 50/18)  (from Ch. 111, par. 7418)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 18. Discipline by the Department. The Department may
16refuse to issue or renew a license or it may revoke, suspend,
17place on probation, censure, fine, or reprimand a licensee for
18any of the following:
19        (a) Material misstatement in furnishing information to
20    the Department or to any other State or federal agency.
21        (b) Violations of this Act, or the rules promulgated
22    hereunder.
23        (c) Conviction of any crime under the laws of the
24    United States or any state or territory thereof which is a
25    felony or misdemeanor, an essential element of dishonesty,



10300SB1721sam001- 46 -LRB103 27016 SPS 59212 a

1    or of any crime which is directly related to the practice
2    of the profession.
3        (d) Making any misrepresentation for the purpose of
4    obtaining a license or renewing a license, including
5    falsification of the continuing education requirement.
6        (e) Professional incompetence.
7        (f) Malpractice.
8        (g) Aiding or assisting another person in violating
9    any provision of this Act or the rules promulgated
10    hereunder.
11        (h) Failing, within 30 days, to provide in writing
12    information in response to a written request made by the
13    Department.
14        (i) Engaging in dishonorable, unethical, or
15    unprofessional conduct which is likely to deceive,
16    defraud, or harm the public.
17        (j) Knowingly employing, directly or indirectly, any
18    suspended or unlicensed person to perform any services
19    covered by this Act.
20        (k) Habitual intoxication or addiction to the use of
21    drugs.
22        (l) Discipline by another state, the District of
23    Columbia, territory, or a foreign nation, if at least one
24    of the grounds for the discipline is the same or
25    substantially equivalent to those set forth herein.
26        (m) Directly or indirectly giving to or receiving from



10300SB1721sam001- 47 -LRB103 27016 SPS 59212 a

1    any person, firm, corporation, partnership, or association
2    any fee, commission, rebate, or other form of compensation
3    for any service not actually rendered. Nothing in this
4    paragraph (m) affects any bona fide independent contractor
5    or employment arrangements among health care
6    professionals, health facilities, health care providers,
7    or other entities, except as otherwise prohibited by law.
8    Any employment arrangements may include provisions for
9    compensation, health insurance, pension, or other
10    employment benefits for the provision of services within
11    the scope of the licensee's practice under this Act.
12    Nothing in this paragraph (m) shall be construed to
13    require an employment arrangement to receive professional
14    fees for services rendered.
15        (n) A finding by the Board that the licensee, after
16    having his or her license placed on probationary status,
17    has violated the terms of probation.
18        (o) Willfully making or filing false records or
19    reports.
20        (p) Willfully failing to report an instance of
21    suspected child abuse or neglect as required by the Abused
22    and Neglected Child Reporting Act.
23        (q) Physical illness, including, but not limited to,
24    deterioration through the aging process, or loss of motor
25    skill which results in the inability to practice the
26    profession with reasonable judgement, skill or safety.



10300SB1721sam001- 48 -LRB103 27016 SPS 59212 a

1        (r) Solicitation of services or products by
2    advertising that is false or misleading. An advertisement
3    is false or misleading if it:
4            (1) contains an intentional misrepresentation of
5        fact;
6            (2) contains a false statement as to the
7        licensee's professional achievements, education,
8        skills, or qualifications in the hearing instrument
9        dispensing profession;
10            (3) makes a partial disclosure of a relevant fact,
11        including:
12                (i) the advertisement of a discounted price of
13            an item without identifying in the advertisement
14            or at the location of the item either the specific
15            product being offered at the discounted price or
16            the usual price of the item; and
17                (ii) the advertisement of the price of a
18            specifically identified hearing instrument if more
19            than one hearing instrument appears in the same
20            advertisement without an accompanying price;
21            (4) contains a representation that a product
22        innovation is new when, in fact, the product was first
23        offered by the manufacturer to the general public in
24        this State not less than 12 months before the date of
25        the advertisement;
26            (5) contains any other representation, statement,



10300SB1721sam001- 49 -LRB103 27016 SPS 59212 a

1        or claim that is inherently misleading or deceptive;
2        or
3            (6) contains information that the licensee
4        manufactures hearing instruments at the licensee's
5        office location unless the following statement
6        includes a statement disclosing that the instruments
7        are manufactured by a specified manufacturer and
8        assembled by the licensee.
9        (s) Participating in subterfuge or misrepresentation
10    in the fitting or servicing of a hearing instrument.
11        (t) (Blank).
12        (u) Representing that the service of a licensed
13    physician or other health professional will be used or
14    made available in the fitting, adjustment, maintenance, or
15    repair of hearing instruments or hearing aids when that is
16    not true, or using the words "doctor", "audiologist",
17    "clinic", "Clinical Audiologist", "Certified Hearing Aid
18    Audiologist", "State Licensed", "State Certified",
19    "Hearing Instrument Care Professional", "Licensed Hearing
20    Instrument Dispenser", "Licensed Hearing Aid Dispenser",
21    "Board Certified Hearing Instrument Specialist", "Hearing
22    Instrument Specialist", "Licensed Audiologist", or any
23    other term, abbreviation, or symbol which would give the
24    impression that service is being provided by persons who
25    are licensed or awarded a degree or title, or that an
26    entity utilizes the services of an individual who is



10300SB1721sam001- 50 -LRB103 27016 SPS 59212 a

1    licensed or has been awarded a degree or title, or that the
2    person's service who is holding the license has been
3    recommended by a governmental agency or health provider,
4    when such is not the case.
5        (v) Advertising a manufacturer's product or using a
6    manufacturer's name or trademark implying a relationship
7    which does not exist.
8        (w) Directly or indirectly giving or offering anything
9    of value to any person who advises another in a
10    professional capacity, as an inducement to influence the
11    purchase of a product sold or offered for sale by a hearing
12    instrument dispenser or influencing persons to refrain
13    from dealing in the products of competitors.
14        (x) Conducting business while suffering from a
15    contagious disease.
16        (y) Engaging in the fitting or sale of hearing
17    instruments under a name with fraudulent intent.
18        (z) Dispensing a hearing instrument to a person who
19    has not been given tests utilizing appropriate established
20    procedures and instrumentation in the fitting of
21    prescription hearing aids instruments, except where there
22    is the replacement of a hearing instrument, of the same
23    make and model within one year of the dispensing of the
24    original hearing instrument.
25        (aa) Unavailability or unwillingness to adequately
26    provide for service or repair of hearing instruments or



10300SB1721sam001- 51 -LRB103 27016 SPS 59212 a

1    hearing aids fitted and sold by the dispenser.
2        (bb) Violating the regulations of the Federal Food and
3    Drug Administration or the Federal Trade Commission as
4    they affect hearing aids or instruments.
5        (cc) Violating any provision of the Consumer Fraud and
6    Deceptive Business Practices Act.
7        (dd) Violating the Health Care Worker Self-Referral
8    Act.
9        (ee) Failing to adequately supervise a hearing aid
10    technician or allowing a hearing aid technician to
11    practice beyond the hearing aid technician's training or
12    the duties set forth in Section 12.
13        (ff) Filing a false claim with a third-party payer.
14    The Department, with the approval of the Board, may impose
15a fine not to exceed $1,000 plus costs for the first violation
16and not to exceed $5,000 plus costs for each subsequent
17violation of this Act, and the rules promulgated hereunder, on
18any person or entity described in this Act. Such fine may be
19imposed as an alternative to any other disciplinary measure,
20except for probation. The imposition by the Department of a
21fine for any violation does not bar the violation from being
22alleged in subsequent disciplinary proceedings. Such fines
23shall be deposited in the Fund.
24(Source: P.A. 100-201, eff. 8-18-17.)
25    (225 ILCS 50/19)  (from Ch. 111, par. 7419)



10300SB1721sam001- 52 -LRB103 27016 SPS 59212 a

1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 19. Injunctions; civil penalties.
3    (a) The practice of fitting, dispensing, and servicing
4hearing instruments or hearing aids by any person not at that
5time in possession of a valid and current license under this
6Act is hereby declared to be a Class A misdemeanor. The
7Director of the Department, through the Attorney General or
8the State's Attorney of any county, may maintain an action in
9the name of the people of the State of Illinois and may apply
10for an injunction in the circuit court to enjoin such person
11from engaging in such practice. Any person may apply for an
12injunction in the circuit court to enjoin a person from
13engaging without a license in practices for which a license is
14required under this Act. Upon the filing of a verified
15petition in such court, the court, if satisfied by affidavit
16or otherwise, that such person has been engaged in such
17practice without a current license to do so, may enter a
18temporary restraining order without notice or bond, enjoining
19the defendant from such further practice. A copy of the
20verified complaint shall be served upon the defendant and the
21proceedings shall thereafter be conducted as other civil
22cases. If it is established that the defendant has been, or is
23engaged in any unlawful practice, the court may enter an order
24or judgment perpetually enjoining the defendant from further
25such practice. In all proceedings hereunder, the court, in its
26discretion, may apportion the costs among the parties



10300SB1721sam001- 53 -LRB103 27016 SPS 59212 a

1interested in the action, including cost of filing the
2complaint, service of process, witness fees and expenses,
3court reporter charges and reasonable attorneys fees. In case
4of violation of any injunctive order entered pursuant to this
5Section, the court, may try and punish the offender for
6contempt of court. Such injunctive proceedings shall be in
7addition to all penalties and other remedies in this Act. Any
8such costs that may accrue to the Department shall be placed in
9the Fund.
10    (b) A person who engages in the selling of hearing
11instruments or hearing aids or the practice of fitting,
12dispensing, or servicing hearing instruments or hearing aids
13or displays a sign, advertises, or represents himself or
14herself as a person who practices the fitting and selling of
15hearing instruments or hearing aids without being licensed or
16exempt under this Act shall, in addition to any other penalty
17provided by law, pay a civil penalty to the Department in an
18amount not to exceed $5,000 for each offense, as determined by
19the Department. The civil penalty shall be assessed by the
20Department after a hearing is held in accordance with the
21provisions set forth in this Act regarding the provision of a
22hearing for the discipline of a licensee.
23    (c) The Department may investigate any actual, alleged, or
24suspected unlicensed activity.
25    (d) The civil penalty shall be paid within 60 days after
26the effective date of the order imposing the civil penalty.



10300SB1721sam001- 54 -LRB103 27016 SPS 59212 a

1The order shall constitute a judgment and may be filed and
2execution had thereon in the same manner as any judgment from
3any court of record.
4(Source: P.A. 89-72, eff. 12-31-95.)
5    (225 ILCS 50/20)  (from Ch. 111, par. 7420)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 20. Inactive status. A hearing instrument dispenser
8who notifies the Department, on the prescribed forms, may
9place his or her license on inactive status and shall be exempt
10from payment of renewal fees until he or she notifies the
11Department in writing, of the intention to resume the practice
12of testing, fitting, dispensing, selecting, recommending, and
13servicing hearing aids instruments and pays the current
14renewal fee and demonstrates compliance with any continuing
15education that may be required. However, if such period of
16inactive status is more than 2 years, the hearing instrument
17dispenser shall also provide the Department with sworn
18evidence certifying to active practice in another jurisdiction
19that is satisfactory to the Department. If such person has not
20practiced in any jurisdiction for 2 years or more, he or she
21shall be required to restore his or her license by retaking and
22passing the examinations required in Section 8. Any hearing
23instrument dispenser whose license is on inactive status shall
24not practice in Illinois.
25(Source: P.A. 89-72, eff. 12-31-95.)



10300SB1721sam001- 55 -LRB103 27016 SPS 59212 a

1    Section 99. Effective date. This Act takes effect January
21, 2024.".