Full Text of SB0731 99th General Assembly
SB0731enr 99TH GENERAL ASSEMBLY |
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| 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 Regulatory Sunset Act is amended by changing | 5 | | Section 4.26 and by adding Section 4.36 as follows: | 6 | | (5 ILCS 80/4.26)
| 7 | | Sec. 4.26. Acts repealed on January 1, 2016. The following | 8 | | Acts are repealed on January 1, 2016: | 9 | | The Illinois Athletic Trainers Practice Act.
| 10 | | The Illinois Roofing Industry Licensing Act.
| 11 | | The Illinois Dental Practice Act.
| 12 | | The Collection Agency Act.
| 13 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 14 | | Nail Technology Act of 1985.
| 15 | | The Respiratory Care Practice Act.
| 16 | | The Hearing Instrument Consumer Protection Act.
| 17 | | The Illinois Physical Therapy Act.
| 18 | | The Professional Geologist Licensing Act. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 20 | | 96-1246, eff. 1-1-11.) | 21 | | (5 ILCS 80/4.36 new) | 22 | | Sec. 4.36. Act repealed on January 1, 2026. The following |
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| 1 | | Act is repealed on January 1, 2026: | 2 | | The Hearing Instrument Consumer Protection Act. | 3 | | Section 10. The Hearing Instrument Consumer Protection Act | 4 | | is amended by changing Sections 5, 8, 15, and 17 as follows:
| 5 | | (225 ILCS 50/5) (from Ch. 111, par. 7405)
| 6 | | (Section scheduled to be repealed on January 1, 2016)
| 7 | | Sec. 5. License required. No person shall engage in the
| 8 | | selling, practice of testing, fitting, selecting, | 9 | | recommending, adapting,
dispensing, or servicing hearing | 10 | | instruments or display a sign, advertise, or
represent oneself | 11 | | as a person who practices the fitting or selling of hearing
| 12 | | instruments unless such person holds a current license issued | 13 | | by the Department
as provided in this Act. Such person shall be | 14 | | known as a licensed hearing
instrument dispenser. Individuals | 15 | | licensed pursuant to the provisions of
Section 8 of this Act | 16 | | shall be deemed qualified to provide tests of human
hearing and | 17 | | hearing instrument evaluations for the purpose of dispensing a
| 18 | | hearing instrument for which any State agency may contract. The | 19 | | license shall
be conspicuously displayed in the place of | 20 | | business. Duplicate licenses shall
be issued by the Department | 21 | | to licensees operating more than one office upon
the additional | 22 | | payment set forth in this Act. No hearing instrument | 23 | | manufacturer may distribute, sell, or otherwise provide | 24 | | hearing instruments to any unlicensed hearing care |
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| 1 | | professional for the purpose of selling hearing instruments to | 2 | | the consumer.
| 3 | | Except for violations of the provisions of this Act, or the | 4 | | rules
promulgated under it, nothing in this Act shall prohibit | 5 | | a corporation,
partnership, trust, association, or other | 6 | | entity from engaging in the
business of testing, fitting, | 7 | | servicing, selecting, dispensing, selling, or
offering for | 8 | | sale hearing instruments at retail without a license, provided | 9 | | it
employs only licensed individuals in the direct testing, | 10 | | fitting, servicing,
selecting, offering for sale, or | 11 | | dispensing of such products. Each such
corporation, | 12 | | partnership, trust, association, or other entity shall file | 13 | | with
the Department, prior to doing business in this State and | 14 | | by July 1 of each
calendar year thereafter, on forms prescribed | 15 | | by the Department, a list of all
licensed hearing instrument | 16 | | dispensers employed by it and a statement attesting
that it | 17 | | complies with this Act and the rules promulgated under it and | 18 | | the
regulations of the Federal Food and Drug Administration and | 19 | | the Federal Trade
Commission insofar as they are applicable.
| 20 | | (Source: P.A. 89-72, eff. 12-31-95; 90-655, eff. 7-30-98 .)
| 21 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 8. Applicant qualifications; examination.
| 24 | | (a) In order to protect persons who are deaf or hard of | 25 | | hearing, the Department
shall authorize or shall conduct an |
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| 1 | | appropriate examination , which may be the International | 2 | | Hearing Society's licensure examination, for persons
who | 3 | | dispense, test, select, recommend, fit, or service hearing
| 4 | | instruments. The frequency of holding these examinations shall
| 5 | | be determined by the Department by rule. Those
who successfully | 6 | | pass such an examination shall be issued a license
as a hearing | 7 | | instrument dispenser, which shall be effective for
a 2-year | 8 | | period.
| 9 | | (b) Applicants shall be:
| 10 | | (1) at least 18 years of age;
| 11 | | (2) of good moral character;
| 12 | | (3) the holder of an associate's degree or the | 13 | | equivalent;
| 14 | | (4) free of contagious or infectious disease; and
| 15 | | (5) a citizen or person who has the status as a legal | 16 | | alien.
| 17 | | Felony convictions of the applicant and findings against | 18 | | the applicant
involving matters set forth in Sections 17 and 18 | 19 | | shall be considered in
determining moral character, but such a | 20 | | conviction or finding shall not make an
applicant ineligible to | 21 | | register for examination.
| 22 | | (c) Prior to engaging in the practice of fitting, | 23 | | dispensing, or servicing
hearing instruments, an applicant
| 24 | | shall demonstrate, by means of written
and practical | 25 | | examinations, that such person is qualified to
practice the | 26 | | testing, selecting, recommending, fitting, selling, or
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| 1 | | servicing of hearing instruments as defined in this
Act. An | 2 | | applicant must obtain a license within 12
months after passing | 3 | | either the written or practical examination, whichever is | 4 | | passed first, or must take and
pass those examinations again in | 5 | | order to be eligible 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 |
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| 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. 98-827, eff. 1-1-15 .)
| 10 | | (225 ILCS 50/15) (from Ch. 111, par. 7415)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 15. Fees.
| 13 | | (a) The examination and licensure fees paid to the | 14 | | Department are not refundable and shall be set forth by | 15 | | administrative rule. The Department may require a fee for the | 16 | | administration of the examination in addition to examination | 17 | | and licensure fees.
| 18 | | (b) The moneys received as fees and fines by the Department
| 19 | | under this Act shall be deposited in the Hearing Instrument
| 20 | | Dispenser Examining
and Disciplinary Fund, which is hereby | 21 | | created as a
special fund in the
State Treasury, and shall be | 22 | | used only for the administration and
enforcement of this Act,
| 23 | | including: (1) costs directly related to licensing of persons | 24 | | under
this Act; and (2) by the Board in the exercise
of its | 25 | | powers and performance of its duties, and such use shall be |
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| 1 | | made
by the Department with full consideration of all | 2 | | recommendations of the Board.
| 3 | | All moneys deposited in the Fund shall be appropriated to | 4 | | the Department
for expenses of the Department and the Board in | 5 | | the administration and
enforcement of this Act.
| 6 | | Moneys in the Fund may
be invested and reinvested, with all | 7 | | earnings deposited in the
Fund and used for the purposes set | 8 | | forth in this Act.
| 9 | | Upon the completion of any audit of the Department as | 10 | | prescribed by the
Illinois State Auditing Act, which audit | 11 | | shall include an audit of the Fund,
the Department
shall make a | 12 | | copy of the audit open to inspection by any interested person,
| 13 | | which copy shall be submitted to the Department by the Auditor | 14 | | General, in
addition to the copies of audit reports required to | 15 | | be submitted to other
State officers and agencies by Section | 16 | | 3-14 of the Illinois State Auditing Act.
| 17 | | (Source: P.A. 96-683, eff. 1-1-10.)
| 18 | | (225 ILCS 50/17) (from Ch. 111, par. 7417)
| 19 | | (Section scheduled to be repealed on January 1, 2016)
| 20 | | Sec. 17. Duties of the Board. The Board shall advise the | 21 | | Department in
all matters relating
to this Act and shall assist | 22 | | as requested by the Director.
| 23 | | The Board shall respond to issues and problems relating to | 24 | | the improvement
of services to the deaf or hard of hearing and | 25 | | shall make such recommendations
as it considers advisable. It |
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| 1 | | shall file an annual report with the Director
and shall meet at | 2 | | least twice a year.
The Board may meet at any time at the call | 3 | | of the chair.
| 4 | | The Board shall recommend specialized education programs | 5 | | for persons wishing
to become licensed as hearing instrument | 6 | | dispensers and shall,
by rule, establish
minimum standards of | 7 | | continuing education required for license
renewal. No more than | 8 | | 5 hours of continuing education credit per year,
however, can | 9 | | be obtained through programs sponsored by hearing instrument
| 10 | | manufacturers. A minimum of 2 hours of continuing education | 11 | | credit per licensing period must be obtained in Illinois law | 12 | | and ethics. Continuing education offered by a college, | 13 | | university, or bar association, the International Hearing | 14 | | Society, the American Academy of Audiology, the American | 15 | | Speech-Language-Hearing Association, the Illinois | 16 | | Speech-Language-Hearing Association, the Illinois Academy of | 17 | | Audiology, or the Illinois Hearing Society regarding Illinois | 18 | | law and ethics shall be accepted toward satisfaction of the | 19 | | Illinois law and ethics continuing education requirement.
| 20 | | The Board shall hear charges brought by any person against | 21 | | hearing instrument
dispensers and
shall recommend disciplinary | 22 | | action to the Director.
| 23 | | Members of the Board are immune from liability in any | 24 | | action based upon a
licensing proceeding or other act performed | 25 | | in good faith as a member of the
Board.
| 26 | | (Source: P.A. 98-827, eff. 1-1-15 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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