Full Text of SB2811 098th General Assembly
SB2811enr 98TH GENERAL ASSEMBLY |
| | SB2811 Enrolled | | LRB098 16975 ZMM 52057 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Hearing Instrument Consumer Protection Act | 5 | | is amended by changing Sections 1, 3, 6, 6.1, 8, 9.5, 16, and | 6 | | 17 as follows:
| 7 | | (225 ILCS 50/1) (from Ch. 111, par. 7401)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 1. Purpose. The purpose of this Act is to protect the | 10 | | deaf or hard of hearing
hearing-impaired
public from the | 11 | | practice of dispensing incompetent and dishonest dispensers of | 12 | | hearing instruments that who
could
endanger the health, safety | 13 | | and welfare of the People of this State. The
Federal Food and | 14 | | Drug Administration
has recommended that State legislation is | 15 | | necessary in order to establish
standards of competency and to | 16 | | impose stringent penalties for those who
violate the public | 17 | | trust in this field of health care.
| 18 | | (Source: P.A. 89-72, eff. 12-31-95 .)
| 19 | | (225 ILCS 50/3) (from Ch. 111, par. 7403)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 3. Definitions. As used in this Act, except as the | 22 | | context
requires otherwise:
|
| | | SB2811 Enrolled | - 2 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | "Department" means the Department of Public Health.
| 2 | | "Director" means the Director of the Department of Public | 3 | | Health.
| 4 | | "License" means a license
issued by the State under this
| 5 | | Act to a hearing instrument dispenser.
| 6 | | "Licensed Audiologist" means a person
licensed
as an | 7 | | audiologist under the Illinois Speech-Language Pathology and | 8 | | Audiology
Practice Act.
| 9 | | "National Board Certified Hearing Instrument
Specialist" | 10 | | means a person
who has had at least 2 years in practice as a | 11 | | licensed hearing
instrument dispenser and has
been certified | 12 | | after qualification by examination by the National Board for
| 13 | | Certification in Hearing Instruments Sciences.
| 14 | | "Licensed physician" or "physician" means a physician | 15 | | licensed
in Illinois to
practice medicine in all of its | 16 | | branches pursuant to the Medical Practice Act of 1987 .
| 17 | | "Trainee" means a person who is licensed to perform the | 18 | | functions of a hearing instrument dispenser in accordance with | 19 | | the Department rules and only under the direct supervision of a | 20 | | hearing instrument dispenser or audiologist who is licensed in | 21 | | the State. | 22 | | "Board" means the Hearing Instrument Consumer Protection
| 23 | | Board.
| 24 | | "Hearing instrument" or "hearing aid" means any wearable | 25 | | instrument or device designed for or offered for the purpose of | 26 | | aiding or compensating for impaired human hearing and that can |
| | | SB2811 Enrolled | - 3 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | provide more than 15 dB full on gain via a 2cc coupler at any | 2 | | single frequency from 200 through 6000 cycles per second, and | 3 | | any parts, attachments, or accessories, including ear molds. | 4 | | "Hearing instrument" or "hearing aid" do not include batteries, | 5 | | cords, or group auditory training devices and any
instrument or | 6 | | device used by a public utility in providing telephone or
other | 7 | | communication services are excluded.
| 8 | | "Practice of fitting, dispensing, or servicing of hearing
| 9 | | instruments" means
the measurement of human hearing with an
| 10 | | audiometer, calibrated to
the current American National | 11 | | Standard Institute standards, for the
purpose of making | 12 | | selections, recommendations, adaptions, services, or sales of
| 13 | | hearing instruments including the making of earmolds as a part | 14 | | of the hearing
instrument.
| 15 | | "Sell" or "sale" means any transfer of title or of the | 16 | | right to use
by lease, bailment, or any other contract, | 17 | | excluding wholesale transactions
with distributors or dealers.
| 18 | | "Hearing instrument dispenser" means a person who
is a | 19 | | hearing care professional that engages
in the selling,
practice | 20 | | of fitting, selecting, recommending, dispensing, or servicing
| 21 | | of hearing instruments or the testing for means of hearing
| 22 | | instrument selection or who
advertises or displays a sign or | 23 | | represents himself or herself as a person
who
practices the | 24 | | testing, fitting, selecting, servicing, dispensing,
or selling | 25 | | of hearing instruments.
| 26 | | "Fund" means the Hearing Instrument Dispenser Examining
|
| | | SB2811 Enrolled | - 4 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | and Disciplinary Fund.
| 2 | | "Hearing Care Professional" means a person who is a | 3 | | licensed
audiologist, a licensed hearing instrument dispenser, | 4 | | or a licensed
physician.
| 5 | | (Source: P.A. 98-362, eff. 8-16-13.)
| 6 | | (225 ILCS 50/6) (from Ch. 111, par. 7406)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 6. Mail order and Internet sales. Nothing in this Act | 9 | | shall prohibit
a corporation, partnership,
trust, association, | 10 | | or other organization, maintaining an established
business
| 11 | | address, from engaging in the business of selling or offering | 12 | | for sale hearing
instruments at retail by mail or by Internet | 13 | | to persons 18 years of age or older
who have not
been examined
| 14 | | by a licensed physician or tested by a licensed hearing | 15 | | instrument
dispenser provided that:
| 16 | | (a) The organization is registered by the Department prior
| 17 | | to engaging
in business in this State and has paid the fee set | 18 | | forth in
this
Act.
| 19 | | (b) The organization files with the Department, prior to
| 20 | | registration
and annually thereafter, a Disclosure Statement | 21 | | containing the following:
| 22 | | (1) the name under which the organization is doing or | 23 | | intends to do
business
and the name of any affiliated | 24 | | company which the organization recommends
or will | 25 | | recommend to persons as a supplier of goods or services or |
| | | SB2811 Enrolled | - 5 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | in
connection with other business transactions of the | 2 | | organization;
| 3 | | (2) the organization's principal business address and | 4 | | the name and address
of its agent in this State authorized | 5 | | to receive service of process;
| 6 | | (3) the business form of the organization, whether | 7 | | corporate, partnership,
or otherwise and the state or other | 8 | | sovereign power under which the
organization is organized;
| 9 | | (4) the names of the directors or persons performing | 10 | | similar functions
and names and addresses of the chief | 11 | | executive officer, and the financial,
accounting, sales, | 12 | | and other principal executive officers, if the | 13 | | organization
is a corporation, association, or other | 14 | | similar entity; of all general
partners, if the | 15 | | organization is a partnership; and of the owner, if the
| 16 | | organization is a sole proprietorship, together with a | 17 | | statement of the
business background during the past 5 | 18 | | years for each such person;
| 19 | | (5) a statement as to whether the organization or any | 20 | | person identified
in the disclosure statement:
| 21 | | (i) has during the 5 year period immediately | 22 | | preceding the date of the
disclosure statement been | 23 | | convicted of a felony, pleaded nolo contendere
to a | 24 | | felony charge, or been held liable in a civil action by | 25 | | final judgment,
if such felony or civil action involved | 26 | | fraud, embezzlement, or
misappropriation of property, |
| | | SB2811 Enrolled | - 6 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | and a description thereof; or
| 2 | | (ii) is subject to any currently effective | 3 | | injunctive or restrictive
order
as a result of a | 4 | | proceeding or pending action brought by any government | 5 | | agency
or department, and a description thereof; or
| 6 | | (iii) is a defendant in any pending criminal or | 7 | | material civil action
relating to fraud, embezzlement, | 8 | | misappropriation of property or violations
of the | 9 | | antitrust or trade regulation laws of the United States | 10 | | or any state,
and a description thereof; or
| 11 | | (iv) has during the 5 year period immediately | 12 | | preceding the date of the
disclosure statement had | 13 | | entered against such person or organization a final
| 14 | | judgment in any material civil proceeding, and a | 15 | | description thereof; or
| 16 | | (v) has during the 5 year period immediately | 17 | | preceding the date of the
disclosure statement been | 18 | | adjudicated a bankrupt or reorganized due to
| 19 | | insolvency or was a principal executive officer or | 20 | | general partner of any
company that has been | 21 | | adjudicated a bankrupt or reorganized due to
| 22 | | insolvency during such 5 year period, and a description | 23 | | thereof;
| 24 | | (6) the length of time the organization and any | 25 | | predecessor of the
organization has conducted a business | 26 | | dealing with hearing instrument goods or services;
|
| | | SB2811 Enrolled | - 7 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | (7) a financial statement of the organization
as
of the | 2 | | close of the most recent fiscal year
of the organization. | 3 | | If the financial statement is filed later than 120
days | 4 | | following the close of the fiscal year of the organization | 5 | | it must
be accompanied by a statement of the organization | 6 | | of any material changes
in the financial condition of the | 7 | | organization;
| 8 | | (8) a general description of the business, including | 9 | | without limitation
a description of the goods, training | 10 | | programs, supervision, advertising,
promotion and other | 11 | | services provided by the organization;
| 12 | | (9) a statement of any compensation or other benefit | 13 | | given or promised
to a public figure arising, in whole or | 14 | | in part, from (i) the use of the
public figure in the name | 15 | | or symbol of the organization or (ii) the endorsement
or | 16 | | recommendation of the organization by the public figure in | 17 | | advertisements;
| 18 | | (10) a statement setting forth such additional | 19 | | information and such
comments
and explanations relative to | 20 | | the information contained in the disclosure
statement as | 21 | | the organization may desire to present. | 22 | | (b-5) If a device being sold does not meet the definition | 23 | | of a hearing instrument or hearing device as stated in this | 24 | | Act, the organization shall include a disclaimer in all written | 25 | | or electronic promotions. The disclaimer shall include the | 26 | | following language: |
| | | SB2811 Enrolled | - 8 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | "This is not a hearing instrument or hearing aid as | 2 | | defined in the Hearing Instrument Consumer Protection Act, | 3 | | but a personal amplifier and not intended to replace a | 4 | | properly fitted and calibrated hearing instrument.".
| 5 | | (c) The organization files with the Department prior to
| 6 | | registration
and annually thereafter a statement that it | 7 | | complies with
the Act, the rules
issued pursuant to it, and the | 8 | | regulations of the Federal Food and Drug
Administration and the | 9 | | Federal Trade Commission insofar as they are applicable.
| 10 | | (d) The organization files with the Department at the time
| 11 | | of
registration an irrevocable consent to service of process | 12 | | authorizing the
Department and any of its successors to be | 13 | | served any notice, process, or
pleading in any action or | 14 | | proceeding against the organization
arising out
of or in | 15 | | connection with any violation of this Act. Such service shall
| 16 | | have the effect of conferring personal jurisdiction over such | 17 | | organization
in any court of competent jurisdiction.
| 18 | | (e) Before dispensing a hearing instrument to a resident
of | 19 | | this State, the organization informs the prospective users that | 20 | | they
need the following for proper fitting of a hearing | 21 | | instrument:
| 22 | | (1) the results of an audiogram performed within the | 23 | | past 6 months by a
licensed audiologist or a licensed | 24 | | hearing instrument dispenser; and
| 25 | | (2) an earmold impression obtained from the | 26 | | prospective user and taken by
a licensed hearing instrument |
| | | SB2811 Enrolled | - 9 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | dispenser or licensed audiologist .
| 2 | | (f) The prospective user receives a medical evaluation or
| 3 | | the organization affords the prospective user an opportunity
to | 4 | | waive the medical
evaluation requirement of Section 4 of this | 5 | | Act and the testing requirement of
subsection (z) of Section | 6 | | 18, provided that
the
organization:
| 7 | | (1) informs the prospective user that the exercise of | 8 | | the waiver is not
in the user's best health interest;
| 9 | | (2) does not in any way actively encourage the | 10 | | prospective user to waive
the medical evaluation or test; | 11 | | and
| 12 | | (3) affords the prospective user the option to sign
the | 13 | | following
statement:
| 14 | | "I have been advised by .......... (hearing | 15 | | instrument
dispenser's name) that
the Food and Drug | 16 | | Administration and the State of Illinois have | 17 | | determined
that my best interest would be served if I | 18 | | had a medical
evaluation by a licensed physician, | 19 | | preferably a physician who
specialized in diseases of
| 20 | | the ear, before purchasing a hearing instrument; or a | 21 | | test by a licensed audiologist or licensed
hearing | 22 | | instrument
dispenser utilizing established procedures | 23 | | and instrumentation in the fitting
of hearing | 24 | | instruments. I do not wish either a medical evaluation
| 25 | | or test before
purchasing a hearing instrument."
| 26 | | (g) Where a sale, lease, or rental of hearing instruments |
| | | SB2811 Enrolled | - 10 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | is sold or contracted
to be sold to a consumer by mail order, | 2 | | the consumer may
void the contract or sale by notifying the | 3 | | seller within
45 business days following that day on which the | 4 | | hearing
instruments were mailed by the seller to the consumer | 5 | | and by
returning to the seller in its original condition any | 6 | | hearing
instrument
delivered to the consumer under the contract | 7 | | or sale.
At the time the hearing instrument is
mailed, the | 8 | | seller shall furnish the consumer
with a fully completed | 9 | | receipt or copy of any contract pertaining to the
sale that | 10 | | contains a "Notice of Cancellation" informing the
consumer that | 11 | | he or she
may cancel the sale at any time within 45 business | 12 | | days and
disclosing the
date of the mailing and the name,
| 13 | | address, and telephone number
of the seller. In immediate | 14 | | proximity to the space reserved in the
contract
for the | 15 | | signature of the consumer, or on the front page of the receipt | 16 | | if
a contract is not used, and in bold face type of a minimum | 17 | | size of 10
points, there shall be
a statement in substantially | 18 | | the following form:
| 19 | | "You, the buyer, may cancel this transaction at any | 20 | | time prior to
midnight
of the 45th business day after the | 21 | | date of this transaction. See
the attached
notice of | 22 | | cancellation form for an explanation of this right."
| 23 | | Attached to the receipt or contract shall be a completed | 24 | | form in
duplicate,
captioned "NOTICE OF CANCELLATION" which | 25 | | shall be easily detachable and
which shall contain in at least | 26 | | 10 point bold face type the following
information
and |
| | | SB2811 Enrolled | - 11 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | statements in the same language as that used in the contract:
| 2 | | "NOTICE OF CANCELLATION
| 3 | | enter date of transaction
| 4 | | .........................
| 5 | | (DATE)
| 6 | | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | 7 | | OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
| 8 | | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY | 9 | | YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | 10 | | RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU | 11 | | WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | 12 | | THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
| 13 | | PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST | 14 | | ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
| 15 | | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN | 16 | | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | 17 | | DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
| 18 | | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | 19 | | AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER | 20 | | WRITTEN NOTICE, OR SEND A TELEGRAM,
TO (name of seller), AT | 21 | | (address of seller's place of business) AND (seller's
| 22 | | telephone number) NO LATER THAN MIDNIGHT OF | 23 | | ...........(date).
| 24 | | I HEREBY CANCEL THIS TRANSACTION.
| 25 | | (Date)............
| 26 | | ..................
|
| | | SB2811 Enrolled | - 12 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | (Buyers Signature)"
| 2 | | The written "Notice of Cancellation" may be sent by the | 3 | | consumer
to the
seller to cancel the contract. The 45-day | 4 | | period
does not commence until the consumer is furnished the | 5 | | Notice
of Cancellation
and
the address and phone number at | 6 | | which such notice to the seller can be given.
| 7 | | If the conditions of this Section are met, the seller must | 8 | | return to the
consumer the amount of any payment
made or | 9 | | consideration given under
the contract or for the merchandise | 10 | | less a nonrefundable
restocking fee.
| 11 | | It is an unlawful practice
for a seller to: (1) hold a | 12 | | consumer responsible for any liability or
obligation under any | 13 | | mail order transaction if the consumer claims not to have
| 14 | | received the merchandise unless the merchandise was sent by | 15 | | certified mail or
other delivery method by which the seller is | 16 | | provided with proof of delivery; (2) fail,
before
furnishing | 17 | | copies of the "Notice of Cancellation" to the
consumer, to | 18 | | complete both copies by entering the name of the seller, the
| 19 | | address of the seller's place of business, the seller's | 20 | | telephone number,
the date of the mailing, and the date, not | 21 | | earlier
than the 45th
business
day following the date of the | 22 | | mailing, by which the
consumer may give notice
of cancellation; | 23 | | (3) include in any contract or receipt any
confession of
| 24 | | judgment or any waiver of any of the rights to which the | 25 | | consumer is entitled
under this Section including specifically | 26 | | his right to cancel the
sale in accordance with the provisions |
| | | SB2811 Enrolled | - 13 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | of this Section; (4)
misrepresent
in any manner the consumer's | 2 | | right to cancel; (5) use any undue
influence,
coercion, or any | 3 | | other wilful act or representation to interfere with the
| 4 | | consumer's exercise of his rights under this Section; (6) fail | 5 | | or
refuse
to honor any valid notice of
cancellation and return | 6 | | of
merchandise
by a consumer and, within 10
business
days after | 7 | | the receipt of such
notice and merchandise
pertaining to such | 8 | | transaction,
to (i) refund payments made
under
the contract or | 9 | | sale, (ii) return any goods or property traded in, in
| 10 | | substantially as good condition as when received by the person, | 11 | | (iii)
cancel and return any negotiable instrument executed by | 12 | | the consumer in
connection with the contract or sale and take | 13 | | any action necessary or
appropriate to terminate promptly any | 14 | | security interest created in the
transaction; (7) negotiate, | 15 | | transfer, sell, or assign any note or
other
evidence of | 16 | | indebtedness to a finance company or other third party prior to | 17 | | the 50th business day following the day of the
mailing;
or (8) | 18 | | fail to provide the consumer of a hearing instrument with | 19 | | written
information stating the name, address, and telephone | 20 | | number of the Department
and informing the consumer that | 21 | | complaints regarding hearing instrument goods
or services may | 22 | | be made to the Department.
| 23 | | (h) The organization employs only licensed
hearing
| 24 | | instrument dispensers in the
dispensing of hearing instruments | 25 | | and files with the Department,
by
January 1 of
each year, a | 26 | | list of all licensed hearing instrument dispensers
employed by |
| | | SB2811 Enrolled | - 14 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | it.
| 2 | | (Source: P.A. 98-362, eff. 8-16-13.)
| 3 | | (225 ILCS 50/6.1) | 4 | | (Section scheduled to be repealed on January 1, 2016) | 5 | | Sec. 6.1. Reciprocity. The Department shall issue a license | 6 | | to any hearing instrument dispenser who (i) has been certified | 7 | | by the National Board for Certification in Hearing Instrument | 8 | | Sciences and has been actively practicing for a minimum of 5 | 9 | | years or (ii) has a valid license as a hearing instrument | 10 | | dispenser, or its equivalent, from another state that has an | 11 | | examination that is comparable to the examination required | 12 | | under this Act or is provided by the International Hearing | 13 | | Society, (iii) (ii) has completed the specific academic and | 14 | | training requirements, or their equivalent, under this Act, | 15 | | (iv) (iii) has been actively practicing as a hearing instrument | 16 | | dispenser for at least 3 months or is certified by the National | 17 | | Board for Certification in Hearing Instrument Sciences, and (v) | 18 | | (iv) has paid the required fee.
| 19 | | (Source: P.A. 96-683, eff. 1-1-10.)
| 20 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
| 21 | | (Section scheduled to be repealed on January 1, 2016)
| 22 | | Sec. 8. Applicant qualifications; examination.
| 23 | | (a) In order to protect persons who are deaf or hard of | 24 | | hearing with hearing impairments , the Department
shall |
| | | SB2811 Enrolled | - 15 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | authorize or shall conduct an appropriate examination for | 2 | | persons
who dispense, test, select, recommend, fit, or service | 3 | | hearing
instruments. The frequency of holding these | 4 | | examinations shall
be determined by the Department by rule. | 5 | | Those
who successfully pass such an examination shall be issued | 6 | | a license
as a hearing instrument dispenser, which shall be | 7 | | effective for
a 2-year period.
| 8 | | (b) Applicants shall be:
| 9 | | (1) at least 18 years of age;
| 10 | | (2) of good moral character;
| 11 | | (3) the holder of an associate's degree a high school | 12 | | graduate or the equivalent;
| 13 | | (4) free of contagious or infectious disease; and
| 14 | | (5) a citizen or person who has the status as a legal | 15 | | alien.
| 16 | | Felony convictions of the applicant and findings against | 17 | | the applicant
involving matters set forth in Sections 17 and 18 | 18 | | shall be considered in
determining moral character, but such a | 19 | | conviction or finding shall not make an
applicant ineligible to | 20 | | register for examination.
| 21 | | (c) Prior to engaging in the practice of fitting, | 22 | | dispensing, or servicing
hearing instruments, an applicant
| 23 | | shall demonstrate, by means of written
and practical | 24 | | examinations, that such person is qualified to
practice the | 25 | | testing, selecting, recommending, fitting, selling, or
| 26 | | servicing of hearing instruments as defined in this
Act. An |
| | | SB2811 Enrolled | - 16 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | applicant must who fails to obtain a license within 12
months | 2 | | after passing either both the written or and practical | 3 | | examination, whichever is passed first, or examinations must | 4 | | take and
pass those examinations again in order to be eligible | 5 | | to receive a license.
| 6 | | The Department shall, by rule, determine the conditions | 7 | | under which an
individual is examined.
| 8 | | (d) Proof of having met the minimum requirements of | 9 | | continuing education
as determined by the Board shall be | 10 | | required of all license renewals.
Pursuant to rule, the | 11 | | continuing education requirements may, upon petition to
the | 12 | | Board,
be waived in whole or in part if the hearing instrument | 13 | | dispenser
can demonstrate
that he or she served in the Coast | 14 | | Guard or Armed Forces, had an extreme
hardship, or obtained his | 15 | | or her license by examination or
endorsement within
the | 16 | | preceding renewal period.
| 17 | | (e) Persons applying for an initial
license
must | 18 | | demonstrate having earned, at a minimum, an associate degree or | 19 | | its equivalent from an
accredited institution of higher | 20 | | education that is recognized by the U.S. Department of | 21 | | Education or that meets the U.S. Department of Education | 22 | | equivalency as determined through a National Association of | 23 | | Credential Evaluation Services (NACES) member, and meet the | 24 | | other requirements of
this Section. In addition, the applicant | 25 | | must demonstrate the successful
completion of 12 semester hours | 26 | | or 18 quarter hours of academic undergraduate
course work in an |
| | | SB2811 Enrolled | - 17 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | accredited institution consisting of 3 semester hours of
| 2 | | anatomy and physiology of the speech and hearing mechanism, 3 | 3 | | semester hours of
hearing science, 3 semester hours of | 4 | | introduction to audiology, and 3 semester
hours of aural | 5 | | rehabilitation, or the quarter hour equivalent. Persons
| 6 | | licensed before January 1, 2003 who
have a valid license on | 7 | | that date may have their license renewed
without meeting the | 8 | | requirements of this subsection.
| 9 | | (Source: P.A. 96-683, eff. 1-1-10.)
| 10 | | (225 ILCS 50/9.5) | 11 | | (Section scheduled to be repealed on January 1, 2016) | 12 | | Sec. 9.5. Trainees. | 13 | | (a) In order to receive a trainee license, a person must | 14 | | apply to the Department and provide acceptable evidence of his | 15 | | or her completion of the required courses pursuant to | 16 | | subsection (e) of Section 8 of this Act, or its equivalent as | 17 | | determined by the Department. A trainee license expires 12 6 | 18 | | months from the date of issue and is non-renewable. | 19 | | (b) A trainee shall perform the functions of a hearing | 20 | | instrument dispenser in accordance with the Department rules | 21 | | and only under the direct supervision of a hearing instrument | 22 | | dispenser or audiologist who is licensed in the State. For the | 23 | | purposes of this Section, "direct supervision" means that the | 24 | | licensed hearing instrument dispenser or audiologist shall | 25 | | give final approval to all work performed by the trainee and |
| | | SB2811 Enrolled | - 18 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | shall be physically present anytime the trainee has contact | 2 | | with the client. The licensed hearing instrument dispenser or | 3 | | audiologist is responsible for all of the work that is | 4 | | performed by the trainee. | 5 | | (c) The Department may limit the number of trainees that | 6 | | may be under the direct supervision of the same licensed | 7 | | hearing instrument dispenser or licensed audiologist.
| 8 | | (d) The Department may establish a trainee licensing fee by | 9 | | rule. | 10 | | (Source: P.A. 96-846, eff. 6-1-10 .)
| 11 | | (225 ILCS 50/16) (from Ch. 111, par. 7416)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 16. Hearing Instrument Consumer Protection Board. | 14 | | There shall be
established a Hearing Instrument Consumer | 15 | | Protection
Board which shall assist, advise and make | 16 | | recommendations to the Department.
| 17 | | The Board shall consist of 6 members who shall be residents | 18 | | of
Illinois.
One shall be a licensed physician who specializes | 19 | | in otology or otolaryngology;
one shall be a member of a | 20 | | consumer-oriented organization concerned with
the deaf or hard | 21 | | of hearing hearing impaired ; one shall be from the general | 22 | | public, preferably a
senior citizen; 2 shall be licensed | 23 | | hearing instrument
dispensers who are
National Board Certified
| 24 | | Hearing
Instrument
Specialists; and one shall be a licensed
| 25 | | audiologist. If a
vote of the Board results in a tie, the |
| | | SB2811 Enrolled | - 19 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | Director shall cast the deciding
vote.
| 2 | | Members of the Board shall be appointed by the Director | 3 | | after consultation
with appropriate professional organizations | 4 | | and consumer groups.
The term of office of each shall be 4 | 5 | | years. Before a member's term expires,
the Director shall | 6 | | appoint a successor to assume member's duties at the
expiration | 7 | | of his or her predecessor's term. A vacancy shall be filled by
| 8 | | appointment for the unexpired term. The members shall annually | 9 | | designate
one member as chairman. No member of the Board who | 10 | | has served 2
successive, full terms may be reappointed. The | 11 | | Director may remove
members for good cause.
| 12 | | Members of the Board shall receive reimbursement for actual | 13 | | and necessary
travel and for other expenses, not to exceed the | 14 | | limit established by the
Department.
| 15 | | (Source: P.A. 91-932, eff. 1-1-01; 91-949, eff. 2-9-01 .)
| 16 | | (225 ILCS 50/17) (from Ch. 111, par. 7417)
| 17 | | (Section scheduled to be repealed on January 1, 2016)
| 18 | | Sec. 17. Duties of the Board. The Board shall advise the | 19 | | Department in
all matters relating
to this Act and shall assist | 20 | | as requested by the Director.
| 21 | | The Board shall respond to issues and problems relating to | 22 | | the improvement
of services to the deaf or hard of hearing | 23 | | hearing-impaired and shall make such recommendations
as it | 24 | | considers advisable. It shall file an annual report with the | 25 | | Director
and shall meet at least twice a year.
The Board may |
| | | SB2811 Enrolled | - 20 - | LRB098 16975 ZMM 52057 b |
|
| 1 | | meet at any time at the call of the chair.
| 2 | | The Board shall recommend specialized education programs | 3 | | for persons wishing
to become licensed as hearing instrument | 4 | | dispensers and shall,
by rule, establish
minimum standards of | 5 | | continuing education required for license
renewal. No more than | 6 | | 5 hours of continuing education credit per year,
however, can | 7 | | be obtained through programs sponsored by hearing instrument
| 8 | | manufacturers.
| 9 | | The Board shall hear charges brought by any person against | 10 | | hearing instrument
dispensers and
shall recommend disciplinary | 11 | | action to the Director.
| 12 | | Members of the Board are immune from liability in any | 13 | | action based upon a
licensing proceeding or other act performed | 14 | | in good faith as a member of the
Board.
| 15 | | (Source: P.A. 93-525, eff. 8-12-03 .)
|
|