| ||||
Public Act 103-0576 | ||||
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AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Hearing Instrument Consumer Protection Act | ||||
is amended by changing Section 3, 4, 4.6, 5, 6, and 9 as | ||||
follows: | ||||
(225 ILCS 50/3) (from Ch. 111, par. 7403) | ||||
(Text of Section before amendment by P.A. 103-495 ) | ||||
(Section scheduled to be repealed on January 1, 2026) | ||||
Sec. 3. Definitions. As used in this Act, except as the | ||||
context requires otherwise: | ||||
"Department" means the Department of Public Health. | ||||
"Director" means the Director of the Department of Public | ||||
Health. | ||||
"License" means a license issued by the State under this | ||||
Act to a hearing instrument dispenser. | ||||
"Licensed audiologist" means a person licensed as an | ||||
audiologist under the Illinois Speech-Language Pathology and | ||||
Audiology Practice Act. | ||||
"National Board Certified Hearing Instrument Specialist" | ||||
means a person who has had at least 2 years in practice as a | ||||
licensed hearing instrument dispenser and has been certified | ||||
after qualification by examination by the National Board for |
Certification in Hearing Instruments Sciences. | ||
"Licensed physician" or "physician" means a physician | ||
licensed in Illinois to practice medicine in all of its | ||
branches pursuant to the Medical Practice Act of 1987. | ||
"Trainee" means a person who is licensed to perform the | ||
functions of a hearing instrument dispenser in accordance with | ||
the Department rules and only under the direct supervision of | ||
a hearing instrument dispenser or audiologist who is licensed | ||
in the State. | ||
"Board" means the Hearing Instrument Consumer Protection | ||
Board. | ||
"Hearing instrument" or "hearing aid" means any wearable | ||
instrument or device designed for or offered for the purpose | ||
of aiding or compensating for impaired human hearing and that | ||
can provide more than 15 dB full on gain via a 2cc coupler at | ||
any single frequency from 200 through 6000 cycles per second, | ||
and any parts, attachments, or accessories, including ear | ||
molds. "Hearing instrument" or "hearing aid" do not include | ||
batteries, cords, or group auditory training devices and any | ||
instrument or device used by a public utility in providing | ||
telephone or other communication services are excluded. | ||
"Practice of fitting, dispensing, or servicing of hearing | ||
instruments" means the measurement of human hearing with an | ||
audiometer, calibrated to the current American National | ||
Standard Institute standards, for the purpose of making | ||
selections, recommendations, adaptions, services, or sales of |
hearing instruments including the making of earmolds as a part | ||
of the hearing instrument. | ||
"Sell" or "sale" means any transfer of title or of the | ||
right to use by lease, bailment, or any other contract, | ||
excluding wholesale transactions with distributors or dealers. | ||
"Hearing instrument dispenser" means a person who is a | ||
hearing care professional that engages in the selling, | ||
practice of fitting, selecting, recommending, dispensing, or | ||
servicing of hearing instruments or the testing for means of | ||
hearing instrument selection or who advertises or displays a | ||
sign or represents himself or herself as a person who | ||
practices the testing, fitting, selecting, servicing, | ||
dispensing, or selling of hearing instruments. | ||
"Fund" means the Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund. | ||
"Hearing care professional" means a person who is a | ||
licensed audiologist, a licensed hearing instrument dispenser, | ||
or a licensed physician. | ||
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .) | ||
(Text of Section after amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 3. Definitions. As used in this Act, except as the | ||
context requires otherwise: | ||
"Department" means the Department of Public Health. | ||
"Director" means the Director of the Department of Public |
Health. | ||
"Direct supervision" means the final approval given by the | ||
licensed hearing instrument professional to all work performed | ||
by the person under supervision and that the licensed hearing | ||
instrument professional is physically present in the facility | ||
any time the person under supervision has contact with a | ||
client. "Direct supervision" does not mean that the licensed | ||
hearing instrument professional is in the same room when the | ||
person under supervision has contact with the client. | ||
"Federal Trade Commission" means the United States federal | ||
agency which regulates business practices and commerce. | ||
"Food and Drug Administration" means the United States | ||
federal agency which regulates hearing instruments or hearing | ||
aids as medical devices. | ||
"License" means a license issued by the State under this | ||
Act to a hearing instrument dispenser. | ||
"Licensed audiologist" means a person licensed as an | ||
audiologist under the Illinois Speech-Language Pathology and | ||
Audiology Practice Act and who can prescribe hearing aids in | ||
accordance with this Act. | ||
"National Board Certified Hearing Instrument Specialist" | ||
means a person who has had at least 2 years in practice as a | ||
licensed hearing instrument dispenser and has been certified | ||
after qualification by examination by the National Board for | ||
Certification in Hearing Instruments Sciences. | ||
"Licensed physician" or "physician" means a physician |
licensed in Illinois to practice medicine in all of its | ||
branches pursuant to the Medical Practice Act of 1987. | ||
"Trainee" means a person who is licensed to perform the | ||
functions of a hearing instrument dispenser or audiologist in | ||
accordance with the Department rules and only under the direct | ||
supervision of a hearing instrument dispenser or audiologist | ||
who is licensed in the State. | ||
"Board" means the Hearing Instrument Consumer Protection | ||
Board. | ||
"Hearing instrument" or "hearing aid" means any instrument | ||
or device, including an instrument or device dispensed | ||
pursuant to a prescription, that is designed, intended, or | ||
offered for the purpose of improving a person's hearing and | ||
any parts, attachments, or accessories, including earmolds. | ||
"Hearing instrument" or "hearing aid" does not include | ||
batteries, cords, and individual or group auditory training | ||
devices and any instrument or device used by a public utility | ||
in providing telephone or other communication services. | ||
"Involvement of a licensed hearing professional person " | ||
refers to the supervision supervisor , prescription or other | ||
order , involvement , or interaction by a licensed hearing | ||
instrument professional. | ||
"Practice of prescribing, fitting, dispensing, or | ||
servicing of prescription hearing aids" means the measurement | ||
of human hearing with an audiometer, calibrated to the current | ||
American National Standard Institute standards, for the |
purpose of prescribing hearing aids and making selections, | ||
recommendations, adaptions, services, or sales of hearing aids | ||
including the making of earmolds as a part of the hearing aid. | ||
"Sell" or "sale" means any transfer of title or of the | ||
right to use by lease, bailment, or any other contract, | ||
excluding wholesale transactions with distributors or dealers. | ||
"Hearing instrument dispenser" means a person who is a | ||
hearing instrument professional that engages in the selling, | ||
practice of fitting, selecting, recommending, dispensing, | ||
prescribing, or servicing of prescription hearing aids or the | ||
testing for means of hearing aid selection or who advertises | ||
or displays a sign or represents himself or herself as a person | ||
who practices the testing, fitting, selecting, servicing, | ||
dispensing, prescribing, or selling of prescription hearing | ||
aids. | ||
"Fund" means the Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund. | ||
"Hearing instrument professional" means a person who is a | ||
licensed audiologist, a licensed hearing instrument dispenser, | ||
or a licensed physician. | ||
"Over-the-counter hearing aid" means any instrument or | ||
device that: | ||
(1) uses the same fundamental scientific technology as | ||
air conduction hearing aids, as defined in 21 CFR | ||
874.3300, or wireless air conduction hearing aids, as | ||
defined in 21 CFR 874.3305; |
(2) is intended to be used by adults age 18 and older | ||
to compensate for perceived mild to moderate hearing | ||
impairment; | ||
(3) through tools, tests, or software, allows the user | ||
to control the over-the-counter hearing aid and customize | ||
it to the user's hearing needs; | ||
(4) may use wireless technology or include tests for | ||
self-assessment of hearing loss; and | ||
(5) is available over-the-counter, without the | ||
supervision, prescription, or other order, involvement, or | ||
intervention of a licensed person, to consumers through | ||
in-person transactions, by mail, or online. | ||
"Over-the-counter hearing aid" does not include batteries, | ||
cords, and individual or group auditory training devices or | ||
any instrument or device used by a public utility in providing | ||
telephone or other communication services. | ||
"Personal sound amplification product" means an | ||
amplification device, as defined by the Food and Drug | ||
Administration or the Federal Trade Commission, that is not | ||
labeled as a hearing aid and is not intended to treat hearing | ||
loss. | ||
"Prescribe" means an order for a prescription hearing aid | ||
issued by a licensed hearing instrument professional. | ||
"Prescription hearing aid" means any wearable instrument | ||
or device designed, intended, or offered for the purpose of | ||
improving a person's hearing that may only be obtained with |
the involvement of a licensed hearing instrument professional. | ||
(Source: P.A. 103-495, eff. 1-1-24.) | ||
(225 ILCS 50/4) (from Ch. 111, par. 7404) | ||
(Text of Section before amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 4. Disclosure; waiver; complaints; insurance. The | ||
hearing instrument dispenser shall give at no charge to every | ||
person fitted and sold a hearing instrument the "User | ||
Instructional Brochure", supplied by the hearing instrument | ||
manufacturer containing information required by the U.S. Food | ||
and Drug Administration. | ||
Whenever a sale or service of one or more hearing | ||
instrument involving $50 or more is made or contracted to be | ||
made, whether under a single contract or under multiple | ||
contracts, at the time of the transaction, the hearing | ||
instrument dispenser shall furnish the consumer with a fully | ||
completed receipt or contract pertaining to that transaction, | ||
in substantially the same language as that used in the oral | ||
presentation to the consumer. The receipt or contract provided | ||
to the consumer shall contain the dispenser's name, license | ||
number, business address, business phone number, and | ||
signature; the name, address, and signature of the hearing | ||
instrument consumer; and the name and signature of the | ||
purchaser if the consumer and the purchaser are not the same; | ||
the hearing instrument manufacturer's name, and the model and |
serial numbers; the date of purchase; and the charges required | ||
to complete the terms of the sale fully and clearly stated. | ||
When the hearing instrument is delivered to the consumer or | ||
purchaser, the serial number shall be written on the original | ||
receipt or contract and a copy shall be given to the consumer | ||
or purchaser. If a used hearing instrument is sold, the | ||
receipt and the container thereof shall be clearly marked as | ||
"used" or "reconditioned", whichever is applicable, with terms | ||
of guarantee, if any. | ||
All hearing instruments offered for sale must be | ||
accompanied by a 30-business day return privilege. The receipt | ||
or contract provided to the consumer shall state that the | ||
consumer has a right to return the hearing instrument for a | ||
refund within 30 business days of the date of delivery. If a | ||
nonrefundable dispensing fee or restocking fee, or both, will | ||
be withheld from the consumer in event of return, the terms | ||
must be clearly stated on the receipt or contract provided to | ||
the consumer. | ||
A hearing instrument dispenser shall not sell a hearing | ||
instrument unless the prospective user has presented to the | ||
hearing instrument dispenser a written statement, signed by a | ||
licensed physician, which states that the patient's hearing | ||
loss has been medically evaluated and the patient is | ||
considered a candidate for a hearing instrument. The medical | ||
evaluation must have taken place within the 6 months | ||
immediately preceding the date of the sale of the hearing |
instrument to the prospective hearing instrument user. If the | ||
prospective hearing instrument user is 18 years of age or | ||
older, the hearing instrument dispenser may afford the | ||
prospective user an opportunity to waive the medical | ||
evaluation required by this Section, provided that the hearing | ||
instrument dispenser: | ||
(i) Informs the prospective user that the exercise of | ||
a waiver is not in the user's best health interest; | ||
(ii) Does not in any way actively encourage the | ||
prospective user to waive the medical evaluation; and | ||
(iii) Affords the prospective user the option to sign | ||
the following statement: | ||
"I have been advised by .................(hearing | ||
instrument dispenser's name) that the Food and Drug | ||
Administration has determined that my best interest | ||
would be served if I had a medical evaluation by a | ||
licensed physician (preferably a physician who | ||
specializes in diseases of the ear) before purchasing | ||
a hearing instrument. I do not wish a medical | ||
evaluation before purchasing a hearing instrument." | ||
The hearing instrument dispenser or his or her employer | ||
shall retain proof of the medical examination or the waiver | ||
for at least 3 years from the date of the sale. | ||
If the parent or guardian of any individual under the age | ||
of 18 years is a member of any church or religious | ||
denomination, whose tenets and practices include reliance upon |
spiritual means through prayer alone and objects to medical | ||
treatment and so states in writing to the hearing instrument | ||
dispenser, such individual shall undergo a hearing examination | ||
as provided by this Section but no proof, ruling out any | ||
medically treatable problem causing hearing loss, shall be | ||
required. | ||
All persons licensed under this Act shall have | ||
conspicuously displayed in their business establishment a sign | ||
indicating that formal complaints regarding hearing instrument | ||
goods or services may be made to the Department. Such sign | ||
shall give the address and telephone number of the Department. | ||
All persons purchasing hearing instruments shall be provided | ||
with a written statement indicating that formal complaints | ||
regarding hearing instrument goods or services may be made to | ||
the Department and disclosing the address and telephone number | ||
of the Department. | ||
Any person wishing to make a complaint, against a hearing | ||
instrument dispenser under this Act, shall file it with the | ||
Department within 3 years from the date of the action upon | ||
which the complaint is based. The Department shall investigate | ||
all such complaints. | ||
All persons licensed under this Act shall maintain | ||
liability insurance as set forth by rule and shall be | ||
responsible for the annual calibration of all audiometers in | ||
use by such persons. Such annual calibrations shall be in | ||
conformance with the current standards set by American |
National Standard Institute. | ||
(Source: P.A. 91-932, eff. 1-1-01 .) | ||
(Text of Section after amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 4. Disclosure; complaints; insurance. The hearing | ||
instrument professional shall give at no charge to every | ||
person fitted and sold a hearing aid the "User Instructional | ||
Brochure", supplied by the hearing aid manufacturer containing | ||
information required by the U.S. Food and Drug Administration. | ||
All hearing instruments or hearing aids must be dispensed | ||
or sold in accordance with Food and Drug Administration and | ||
Federal Trade Commission regulations governing the dispensing | ||
and sale of personal sound amplification products or hearing | ||
aids. | ||
A consumer who purchases an over-the-counter hearing aid | ||
must be provided a sales receipt at the time of the | ||
transaction. | ||
Whenever a sale of one or more prescription hearing aids | ||
involving $50 or more is made or contracted to be made, whether | ||
under a single contract or under multiple contracts, at the | ||
time of the transaction, the hearing instrument professional | ||
shall furnish the consumer with a fully completed receipt or | ||
contract pertaining to that transaction, in substantially the | ||
same language as that used in the oral presentation to the | ||
consumer. The receipt or contract provided to the consumer |
shall contain (i) the hearing instrument professional's name, | ||
license number, business address, business phone number, and | ||
signature; (ii) the name, address, and signature of the | ||
hearing instrument consumer; (iii) the name and signature of | ||
the purchaser if the consumer and the purchaser are not the | ||
same person; (iv) the hearing aid manufacturer's name, and the | ||
model and serial numbers; (v) the date of purchase; and (vi) | ||
the charges required to complete the terms of the sale, which | ||
must be fully and clearly stated. When the hearing aid is | ||
delivered to the consumer or purchaser, the serial number | ||
shall be written on the original receipt or contract and a copy | ||
shall be given to the consumer or purchaser. If a used hearing | ||
instrument is sold, the receipt and the container thereof | ||
shall be clearly marked as "used" or "reconditioned", | ||
whichever is applicable, with terms of guarantee, if any. | ||
The hearing instrument professional or the professional's | ||
employer shall retain proof of the medical examination for at | ||
least 3 years from the date of the sale. | ||
All hearing instruments offered for sale must be | ||
accompanied by a 30-business day return privilege. The receipt | ||
or contract provided to the consumer shall state that the | ||
consumer has a right to return the hearing instrument for a | ||
refund within 30 business days of the date of delivery. If a | ||
nonrefundable dispensing fee or restocking fee, or both, will | ||
be withheld from the consumer in event of return, the terms | ||
must be clearly stated on the receipt or contract provided to |
the consumer. For purposes of this paragraph, "business day" | ||
means any calendar day except Saturday, Sunday, or a federal | ||
holiday. | ||
If the parent or guardian of any individual age 17 or under | ||
is a member of any church or religious denomination, whose | ||
tenets and practices include reliance upon spiritual means | ||
through prayer alone and objects to medical treatment and so | ||
states in writing to the hearing instrument professional, such | ||
individual shall undergo a hearing examination as provided by | ||
this Section but no proof, ruling out any medically treatable | ||
problem causing hearing loss, shall be required. | ||
All persons licensed under this Act shall have | ||
conspicuously displayed in their business establishment a sign | ||
indicating that formal complaints regarding hearing aid goods | ||
or services may be made to the Department. Such sign shall give | ||
the address and telephone number of the Department. All | ||
persons purchasing hearing aids shall be provided with a | ||
written statement indicating that formal complaints regarding | ||
hearing aid goods or services may be made to the Department and | ||
disclosing the address and telephone number of the Department. | ||
Any person wishing to make a complaint , against a hearing | ||
instrument professional under this Act , shall file it with the | ||
Department within 3 years from the date of the action upon | ||
which the complaint is based. The Department shall investigate | ||
all such complaints. | ||
All persons licensed under this Act shall maintain |
liability insurance as set forth by rule and shall be | ||
responsible for the annual calibration of all audiometers in | ||
use by such persons. Such annual calibrations shall be in | ||
conformance with the current standards set by American | ||
National Standard Institute. | ||
(Source: P.A. 103-495, eff. 1-1-24.) | ||
(225 ILCS 50/4.6) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 4.6. Prescription hearing aids for persons age 18 or | ||
older. | ||
(a) A hearing instrument professional may dispense a | ||
hearing aid to a person age 18 or older in accordance with the | ||
requirements of this Section. | ||
(b) A person age 18 or older must be evaluated by a hearing | ||
instrument professional in person or via telehealth before | ||
receiving a prescription for a hearing aid. A person age 18 or | ||
older may not waive evaluation by a hearing instrument | ||
professional unless he or she is replacing a lost or stolen | ||
hearing aid that is subject to warranty replacement. | ||
(c) A hearing instrument professional shall not sell | ||
prescription hearing aid to anyone age 18 or older if the | ||
prospective user had a negative finding on the Consumer Ear | ||
Disease Risk Assessment or a similar standardized assessment. |
The prospective user who had a negative finding on the | ||
Consumer Ear Disease Risk Assessment or similar standardized | ||
assessment shall present to the hearing instrument | ||
professional a written statement, signed by a licensed | ||
physician, which states that the patient's hearing loss has | ||
been medically evaluated and the patient is considered a | ||
candidate for a prescription hearing aid. The medical | ||
evaluation must have been performed within the 12 months | ||
immediately preceding the date of the sale of the hearing aid | ||
to the prospective hearing aid user. | ||
(d) A hearing aid prescription for individuals age 18 or | ||
older must include, at a minimum, the following information: | ||
(1) name of the patient; | ||
(2) date the prescription is issued; | ||
(3) expiration date of the prescription, which may not | ||
exceed one year from the date of issuance; | ||
(4) name and license number of the prescribing hearing | ||
instrument professional; | ||
(5) results of the following assessments: | ||
(A) hearing handicap inventory or similar | ||
standardized, evidence-based tool; | ||
(B) pure-tone air conduction audiometry; | ||
(C) bone conduction testing or consumer ear | ||
disease risk assessment or a similar standardized | ||
evidence-based tool; | ||
(D) recorded speech in quiet, as medically |
appropriate; | ||
(E) recorded speech or digits in noise, as | ||
medically medical appropriate; | ||
(6) documentation of type and style of hearing aid; | ||
and | ||
(7) documentation of medical necessity of the | ||
recommended features of a hearing aid. | ||
(Source: P.A. 103-495, eff. 1-1-24.) | ||
(225 ILCS 50/5) (from Ch. 111, par. 7405) | ||
(Text of Section before amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 5. License required. No person shall engage in the | ||
selling, practice of testing, fitting, selecting, | ||
recommending, adapting, dispensing, or servicing hearing | ||
instruments or display a sign, advertise, or represent oneself | ||
as a person who practices the fitting or selling of hearing | ||
instruments unless such person holds a current license issued | ||
by the Department as provided in this Act. Such person shall be | ||
known as a licensed hearing instrument dispenser. Individuals | ||
licensed pursuant to the provisions of Section 8 of this Act | ||
shall be deemed qualified to provide tests of human hearing | ||
and hearing instrument evaluations for the purpose of | ||
dispensing a hearing instrument for which any State agency may | ||
contract. The license shall be conspicuously displayed in the | ||
place of business. Duplicate licenses shall be issued by the |
Department to licensees operating more than one office upon | ||
the additional payment set forth in this Act. No hearing | ||
instrument manufacturer may distribute, sell, or otherwise | ||
provide hearing instruments to any unlicensed hearing care | ||
professional for the purpose of selling hearing instruments to | ||
the consumer. | ||
Except for violations of the provisions of this Act, or | ||
the rules promulgated under it, nothing in this Act shall | ||
prohibit a corporation, partnership, trust, association, or | ||
other entity from engaging in the business of testing, | ||
fitting, servicing, selecting, dispensing, selling, or | ||
offering for sale hearing instruments at retail without a | ||
license, provided it employs only licensed individuals in the | ||
direct testing, fitting, servicing, selecting, offering for | ||
sale, or dispensing of such products. Each such corporation, | ||
partnership, trust, association, or other entity shall file | ||
with the Department, prior to doing business in this State and | ||
by July 1 of each calendar year thereafter, on forms | ||
prescribed by the Department, a list of all licensed hearing | ||
instrument dispensers employed by it and a statement attesting | ||
that it complies with this Act and the rules promulgated under | ||
it and the regulations of the Federal Food and Drug | ||
Administration and the Federal Trade Commission insofar as | ||
they are applicable. | ||
(Source: P.A. 99-204, eff. 7-30-15.) |
(Text of Section after amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 5. License required. No person shall engage in the | ||
selling, practice of testing, fitting, selecting, | ||
recommending, adapting, dispensing, or servicing hearing aids | ||
or display a sign, advertise, or represent oneself as a person | ||
who practices the fitting or selling of hearing aids unless | ||
such person holds a current license issued by the Department | ||
as provided in this Act. Such person shall be known as a | ||
licensed hearing instrument dispenser. Individuals licensed | ||
pursuant to the provisions of Section 8 of this Act shall be | ||
deemed qualified to provide tests of human hearing and hearing | ||
aid evaluations for the purpose of dispensing a hearing aid | ||
for which any State agency may contract. The license shall be | ||
conspicuously displayed in the place of business. Duplicate | ||
licenses shall be issued by the Department to licensees | ||
operating more than one office upon the additional payment set | ||
forth in this Act. No hearing aids manufacturer may | ||
distribute, sell, or otherwise provide hearing aids to any | ||
unlicensed hearing instrument professional for the purpose of | ||
selling hearing aids to the consumer. | ||
Except for violations of the provisions of this Act, or | ||
the rules promulgated under it, nothing in this Act shall | ||
prohibit a corporation, partnership, trust, association, or | ||
other entity from engaging in the business of testing, | ||
fitting, servicing, selecting, dispensing, selling, or |
offering for sale hearing aids aid at retail without a | ||
license, provided it employs only licensed individuals in the | ||
direct testing, fitting, servicing, selecting, offering for | ||
sale, or dispensing of such products. Each such corporation, | ||
partnership, trust, association, or other entity shall file | ||
with the Department, prior to doing business in this State and | ||
by July 1 of each calendar year thereafter, on forms | ||
prescribed by the Department, a list of all licensed hearing | ||
instrument dispensers employed by it and a statement attesting | ||
that it complies with this Act and the rules promulgated under | ||
it and the regulations of the Federal Food and Drug | ||
Administration and the Federal Trade Commission insofar as | ||
they are applicable. | ||
(Source: P.A. 103-495, eff. 1-1-24.) | ||
(225 ILCS 50/6) (from Ch. 111, par. 7406) | ||
(Text of Section before amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 6. Mail order and Internet sales. Nothing in this Act | ||
shall prohibit a corporation, partnership, trust, association, | ||
or other organization, maintaining an established business | ||
address, from engaging in the business of selling or offering | ||
for sale hearing instruments at retail by mail or by Internet | ||
to persons 18 years of age or older who have not been examined | ||
by a licensed physician or tested by a licensed hearing | ||
instrument dispenser provided that: |
(a) The organization is registered by the Department prior | ||
to engaging in business in this State and has paid the fee set | ||
forth in this Act. | ||
(b) The organization files with the Department, prior to | ||
registration and annually thereafter, a Disclosure Statement | ||
containing the following: | ||
(1) the name under which the organization is doing or | ||
intends to do business and the name of any affiliated | ||
company which the organization recommends or will | ||
recommend to persons as a supplier of goods or services or | ||
in connection with other business transactions of the | ||
organization; | ||
(2) the organization's principal business address and | ||
the name and address of its agent in this State authorized | ||
to receive service of process; | ||
(3) the business form of the organization, whether | ||
corporate, partnership, or otherwise and the state or | ||
other sovereign power under which the organization is | ||
organized; | ||
(4) the names of the directors or persons performing | ||
similar functions and names and addresses of the chief | ||
executive officer, and the financial, accounting, sales, | ||
and other principal executive officers, if the | ||
organization is a corporation, association, or other | ||
similar entity; of all general partners, if the | ||
organization is a partnership; and of the owner, if the |
organization is a sole proprietorship, together with a | ||
statement of the business background during the past 5 | ||
years for each such person; | ||
(5) a statement as to whether the organization or any | ||
person identified in the disclosure statement: | ||
(i) has during the 5 year period immediately | ||
preceding the date of the disclosure statement been | ||
convicted of a felony, pleaded nolo contendere to a | ||
felony charge, or been held liable in a civil action by | ||
final judgment, if such felony or civil action | ||
involved fraud, embezzlement, or misappropriation of | ||
property, and a description thereof; or | ||
(ii) is subject to any currently effective | ||
injunctive or restrictive order as a result of a | ||
proceeding or pending action brought by any government | ||
agency or department, and a description thereof; or | ||
(iii) is a defendant in any pending criminal or | ||
material civil action relating to fraud, embezzlement, | ||
misappropriation of property or violations of the | ||
antitrust or trade regulation laws of the United | ||
States or any state, and a description thereof; or | ||
(iv) has during the 5 year period immediately | ||
preceding the date of the disclosure statement had | ||
entered against such person or organization a final | ||
judgment in any material civil proceeding, and a | ||
description thereof; or |
(v) has during the 5 year period immediately | ||
preceding the date of the disclosure statement been | ||
adjudicated a bankrupt or reorganized due to | ||
insolvency or was a principal executive officer or | ||
general partner of any company that has been | ||
adjudicated a bankrupt or reorganized due to | ||
insolvency during such 5 year period, and a | ||
description thereof; | ||
(6) the length of time the organization and any | ||
predecessor of the organization has conducted a business | ||
dealing with hearing instrument goods or services; | ||
(7) a financial statement of the organization as of | ||
the close of the most recent fiscal year of the | ||
organization. If the financial statement is filed later | ||
than 120 days following the close of the fiscal year of the | ||
organization it must be accompanied by a statement of the | ||
organization of any material changes in the financial | ||
condition of the organization; | ||
(8) a general description of the business, including | ||
without limitation a description of the goods, training | ||
programs, supervision, advertising, promotion and other | ||
services provided by the organization; | ||
(9) a statement of any compensation or other benefit | ||
given or promised to a public figure arising, in whole or | ||
in part, from (i) the use of the public figure in the name | ||
or symbol of the organization or (ii) the endorsement or |
recommendation of the organization by the public figure in | ||
advertisements; | ||
(10) a statement setting forth such additional | ||
information and such comments and explanations relative to | ||
the information contained in the disclosure statement as | ||
the organization may desire to present. | ||
(b-5) If a device being sold does not meet the definition | ||
of a hearing instrument or hearing device as stated in this | ||
Act, the organization shall include a disclaimer in all | ||
written or electronic promotions. The disclaimer shall include | ||
the following language: | ||
"This is not a hearing instrument or hearing aid as | ||
defined in the Hearing Instrument Consumer Protection Act, | ||
but a personal amplifier and not intended to replace a | ||
properly fitted and calibrated hearing instrument.". | ||
(c) The organization files with the Department prior to | ||
registration and annually thereafter a statement that it | ||
complies with the Act, the rules issued pursuant to it, and the | ||
regulations of the Federal Food and Drug Administration and | ||
the Federal Trade Commission insofar as they are applicable. | ||
(d) The organization files with the Department at the time | ||
of registration an irrevocable consent to service of process | ||
authorizing the Department and any of its successors to be | ||
served any notice, process, or pleading in any action or | ||
proceeding against the organization arising out of or in | ||
connection with any violation of this Act. Such service shall |
have the effect of conferring personal jurisdiction over such | ||
organization in any court of competent jurisdiction. | ||
(e) Before dispensing a hearing instrument to a resident | ||
of this State, the organization informs the prospective users | ||
that they need the following for proper fitting of a hearing | ||
instrument: | ||
(1) the results of an audiogram performed within the | ||
past 6 months by a licensed audiologist or a licensed | ||
hearing instrument dispenser; and | ||
(2) an earmold impression obtained from the | ||
prospective user and taken by a licensed hearing | ||
instrument dispenser or licensed audiologist. | ||
(f) The prospective user receives a medical evaluation or | ||
the organization affords the prospective user an opportunity | ||
to waive the medical evaluation requirement of Section 4 of | ||
this Act and the testing requirement of subsection (z) of | ||
Section 18, provided that the organization: | ||
(1) informs the prospective user that the exercise of | ||
the waiver is not in the user's best health interest; | ||
(2) does not in any way actively encourage the | ||
prospective user to waive the medical evaluation or test; | ||
and | ||
(3) affords the prospective user the option to sign | ||
the following statement: | ||
"I have been advised by .......... (hearing | ||
instrument dispenser's name) that the Food and Drug |
Administration and the State of Illinois have | ||
determined that my best interest would be served if I | ||
had a medical evaluation by a licensed physician, | ||
preferably a physician who specialized in diseases of | ||
the ear, before purchasing a hearing instrument; or a | ||
test by a licensed audiologist or licensed hearing | ||
instrument dispenser utilizing established procedures | ||
and instrumentation in the fitting of hearing | ||
instruments. I do not wish either a medical evaluation | ||
or test before purchasing a hearing instrument." | ||
(g) Where a sale, lease, or rental of hearing instruments | ||
is sold or contracted to be sold to a consumer by mail order, | ||
the consumer may void the contract or sale by notifying the | ||
seller within 45 business days following that day on which the | ||
hearing instruments were mailed by the seller to the consumer | ||
and by returning to the seller in its original condition any | ||
hearing instrument delivered to the consumer under the | ||
contract or sale. At the time the hearing instrument is | ||
mailed, the seller shall furnish the consumer with a fully | ||
completed receipt or copy of any contract pertaining to the | ||
sale that contains a "Notice of Cancellation" informing the | ||
consumer that he or she may cancel the sale at any time within | ||
45 business days and disclosing the date of the mailing and the | ||
name, address, and telephone number of the seller. In | ||
immediate proximity to the space reserved in the contract for | ||
the signature of the consumer, or on the front page of the |
receipt if a contract is not used, and in bold face type of a | ||
minimum size of 10 points, there shall be a statement in | ||
substantially the following form: | ||
"You, the buyer, may cancel this transaction at any | ||
time prior to midnight of the 45th business day after the | ||
date of this transaction. See the attached notice of | ||
cancellation form for an explanation of this right." | ||
Attached to the receipt or contract shall be a completed | ||
form in duplicate, captioned "NOTICE OF CANCELLATION" which | ||
shall be easily detachable and which shall contain in at least | ||
10 point bold face type the following information and | ||
statements in the same language as that used in the contract: | ||
"NOTICE OF CANCELLATION | ||
enter date of transaction | ||
......................... | ||
(DATE) | ||
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | ||
OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | ||
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | ||
BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | ||
RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | ||
WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | ||
THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | ||
PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | ||
ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. | ||
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN |
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | ||
DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | ||
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | ||
AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | ||
WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | ||
AT (address of seller's place of business) AND (seller's | ||
telephone number) NO LATER THAN MIDNIGHT OF | ||
...........(date). | ||
I HEREBY CANCEL THIS TRANSACTION. | ||
(Date)............
| ||
..................
| ||
(Buyers Signature)" | ||
The written "Notice of Cancellation" may be sent by the | ||
consumer to the seller to cancel the contract. The 45-day | ||
period does not commence until the consumer is furnished the | ||
Notice of Cancellation and the address and phone number at | ||
which such notice to the seller can be given. | ||
If the conditions of this Section are met, the seller must | ||
return to the consumer the amount of any payment made or | ||
consideration given under the contract or for the merchandise | ||
less a nonrefundable restocking fee. | ||
It is an unlawful practice for a seller to: (1) hold a | ||
consumer responsible for any liability or obligation under any | ||
mail order transaction if the consumer claims not to have | ||
received the merchandise unless the merchandise was sent by | ||
certified mail or other delivery method by which the seller is |
provided with proof of delivery; (2) fail, before furnishing | ||
copies of the "Notice of Cancellation" to the consumer, to | ||
complete both copies by entering the name of the seller, the | ||
address of the seller's place of business, the seller's | ||
telephone number, the date of the mailing, and the date, not | ||
earlier than the 45th business day following the date of the | ||
mailing, by which the consumer may give notice of | ||
cancellation; (3) include in any contract or receipt any | ||
confession of judgment or any waiver of any of the rights to | ||
which the consumer is entitled under this Section including | ||
specifically his right to cancel the sale in accordance with | ||
the provisions of this Section; (4) misrepresent in any manner | ||
the consumer's right to cancel; (5) use any undue influence, | ||
coercion, or any other wilful act or representation to | ||
interfere with the consumer's exercise of his rights under | ||
this Section; (6) fail or refuse to honor any valid notice of | ||
cancellation and return of merchandise by a consumer and, | ||
within 10 business days after the receipt of such notice and | ||
merchandise pertaining to such transaction, to (i) refund | ||
payments made under the contract or sale, (ii) return any | ||
goods or property traded in, in substantially as good | ||
condition as when received by the person, (iii) cancel and | ||
return any negotiable instrument executed by the consumer in | ||
connection with the contract or sale and take any action | ||
necessary or appropriate to terminate promptly any security | ||
interest created in the transaction; (7) negotiate, transfer, |
sell, or assign any note or other evidence of indebtedness to a | ||
finance company or other third party prior to the 50th | ||
business day following the day of the mailing; or (8) fail to | ||
provide the consumer of a hearing instrument with written | ||
information stating the name, address, and telephone number of | ||
the Department and informing the consumer that complaints | ||
regarding hearing instrument goods or services may be made to | ||
the Department. | ||
(h) The organization employs only licensed hearing | ||
instrument dispensers in the dispensing of hearing instruments | ||
and files with the Department, by January 1 of each year, a | ||
list of all licensed hearing instrument dispensers employed by | ||
it. | ||
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .) | ||
(Text of Section after amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 6. Mail order and Internet sales. Nothing in this Act | ||
shall prohibit a corporation, partnership, trust, association, | ||
or other organization, maintaining an established business | ||
address, from engaging in the business of selling or offering | ||
for sale hearing aids at retail by mail or by Internet to | ||
persons 18 years of age or older who have not been examined by | ||
a licensed physician or tested by a licensed hearing | ||
instrument professional provided that: | ||
(a) The organization is registered by the Department prior |
to engaging in business in this State and has paid the fee set | ||
forth in this Act. | ||
(b) The organization files with the Department, prior to | ||
registration and annually thereafter, a Disclosure Statement | ||
containing the following: | ||
(1) the name under which the organization is doing or | ||
intends to do business and the name of any affiliated | ||
company which the organization recommends or will | ||
recommend to persons as a supplier of goods or services or | ||
in connection with other business transactions of the | ||
organization; | ||
(2) the organization's principal business address and | ||
the name and address of its agent in this State authorized | ||
to receive service of process; | ||
(3) the business form of the organization, whether | ||
corporate, partnership, or otherwise and the state or | ||
other sovereign power under which the organization is | ||
organized; | ||
(4) the names of the directors or persons performing | ||
similar functions and names and addresses of the chief | ||
executive officer, and the financial, accounting, sales, | ||
and other principal executive officers, if the | ||
organization is a corporation, association, or other | ||
similar entity; of all general partners, if the | ||
organization is a partnership; and of the owner, if the | ||
organization is a sole proprietorship, together with a |
statement of the business background during the past 5 | ||
years for each such person; | ||
(5) a statement as to whether the organization or any | ||
person identified in the disclosure statement: | ||
(i) has during the 5-year period immediately | ||
preceding the date of the disclosure statement been | ||
convicted of a felony, pleaded nolo contendere to a | ||
felony charge, or been held liable in a civil action by | ||
final judgment, if such felony or civil action | ||
involved fraud, embezzlement, or misappropriation of | ||
property, and a description thereof; or | ||
(ii) is subject to any currently effective | ||
injunctive or restrictive order as a result of a | ||
proceeding or pending action brought by any government | ||
agency or department, and a description thereof; or | ||
(iii) is a defendant in any pending criminal or | ||
material civil action relating to fraud, embezzlement, | ||
misappropriation of property or violations of the | ||
antitrust or trade regulation laws of the United | ||
States or any state, and a description thereof; or | ||
(iv) has during the 5-year period immediately | ||
preceding the date of the disclosure statement had | ||
entered against such person or organization a final | ||
judgment in any material civil proceeding, and a | ||
description thereof; or | ||
(v) has during the 5-year period immediately |
preceding the date of the disclosure statement been | ||
adjudicated a bankrupt or reorganized due to | ||
insolvency or was a principal executive officer or | ||
general partner of any company that has been | ||
adjudicated a bankrupt or reorganized due to | ||
insolvency during such 5-year period, and a | ||
description thereof; | ||
(6) the length of time the organization and any | ||
predecessor of the organization has conducted a business | ||
dealing with hearing aid goods or services; | ||
(7) a financial statement of the organization as of | ||
the close of the most recent fiscal year of the | ||
organization. If the financial statement is filed later | ||
than 120 days following the close of the fiscal year of the | ||
organization it must be accompanied by a statement of the | ||
organization of any material changes in the financial | ||
condition of the organization; | ||
(8) a general description of the business, including | ||
without limitation a description of the goods, training | ||
programs, supervision, advertising, promotion and other | ||
services provided by the organization; | ||
(9) a statement of any compensation or other benefit | ||
given or promised to a public figure arising, in whole or | ||
in part, from (i) the use of the public figure in the name | ||
or symbol of the organization or (ii) the endorsement or | ||
recommendation of the organization by the public figure in |
advertisements; | ||
(10) a statement setting forth such additional | ||
information and such comments and explanations relative to | ||
the information contained in the disclosure statement as | ||
the organization may desire to present. | ||
(b-5) If a device being sold does not meet the definition | ||
of an over-the-counter hearing aid or a prescription hearing | ||
aid, as stated in this Act, the organization shall include a | ||
disclaimer in all written or electronic promotions. The | ||
disclaimer shall include the following language: | ||
"This is not a hearing instrument or hearing aid as | ||
defined in the Hearing Instrument Consumer Protection Act, | ||
but a personal sound amplification product and not | ||
intended to replace a properly fitted and calibrated | ||
hearing aid or treat hearing loss.". | ||
(c) The organization files with the Department prior to | ||
registration and annually thereafter a statement that it | ||
complies with the Act, the rules issued pursuant to it, and the | ||
regulations of the Federal Food and Drug Administration and | ||
the Federal Trade Commission insofar as they are applicable. | ||
(d) The organization files with the Department at the time | ||
of registration an irrevocable consent to service of process | ||
authorizing the Department and any of its successors to be | ||
served any notice, process, or pleading in any action or | ||
proceeding against the organization arising out of or in | ||
connection with any violation of this Act. Such service shall |
have the effect of conferring personal jurisdiction over such | ||
organization in any court of competent jurisdiction. | ||
(e) Before dispensing a hearing aid by mail or over the | ||
Internet to a resident of this State, the organization informs | ||
(i) the parent or guardian of a person age 17 or younger that | ||
he or she must obtain a prescription issued by a licensed | ||
audiologist or licensed physician that meets the requirements | ||
of Section 4.5 or (ii) a person age 18 or older that he or she | ||
must obtain a prescription issued by a hearing instrument | ||
professional that meets the requirements of Section 4.6. | ||
(f) (Blank). : | ||
(g) Where a sale, lease, or rental of prescription hearing | ||
aids are sold or contracted to be sold to a consumer by mail | ||
order or via the Internet, the consumer may void the contract | ||
or sale by notifying the seller within 45 business days | ||
following that day on which the hearing aids were mailed by the | ||
seller to the consumer and by returning to the seller in its | ||
original condition any hearing aids delivered to the consumer | ||
under the contract or sale. At the time the hearing aid is | ||
mailed, the seller shall furnish the consumer with a fully | ||
completed receipt or copy of any contract pertaining to the | ||
sale that contains a "Notice of Cancellation" informing the | ||
consumer that he or she may cancel the sale at any time within | ||
45 business days and disclosing the date of the mailing and the | ||
name, address, and telephone number of the seller. In | ||
immediate proximity to the space reserved in the contract for |
the signature of the consumer, or on the front page of the | ||
receipt if a contract is not used, and in bold face type of a | ||
minimum size of 10 points, there shall be a statement in | ||
substantially the following form: | ||
"You, the buyer, may cancel this transaction at any | ||
time prior to midnight of the 45th business day after the | ||
date of this transaction. See the attached notice of | ||
cancellation form for an explanation of this right." | ||
Attached to the receipt or contract shall be a completed | ||
form in duplicate, captioned "NOTICE OF CANCELLATION" which | ||
shall be easily detachable and which shall contain in at least | ||
10 point bold face type the following information and | ||
statements in the same language as that used in the contract: | ||
"NOTICE OF CANCELLATION | ||
enter date of transaction | ||
......................... | ||
(DATE) | ||
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | ||
OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE. | ||
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE | ||
BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | ||
RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU | ||
WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | ||
THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE | ||
PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST | ||
ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. |
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN | ||
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | ||
DELIVERED TO YOU UNDER THIS CONTRACT OR SALE. | ||
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | ||
AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER | ||
WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), | ||
AT (address of seller's place of business) AND (seller's | ||
telephone number) NO LATER THAN MIDNIGHT OF | ||
...........(date). | ||
I HEREBY CANCEL THIS TRANSACTION. | ||
(Date)............
| ||
..................
| ||
(Buyers Signature)" | ||
The written "Notice of Cancellation" may be sent by the | ||
consumer to the seller to cancel the contract. The 45-day | ||
period does not commence until the consumer is furnished the | ||
Notice of Cancellation and the address and phone number at | ||
which such notice to the seller can be given. | ||
If the conditions of this Section are met, the seller must | ||
return to the consumer the amount of any payment made or | ||
consideration given under the contract or for the merchandise | ||
less a nonrefundable restocking fee. | ||
It is an unlawful practice for a seller to: (1) hold a | ||
consumer responsible for any liability or obligation under any | ||
mail order transaction if the consumer claims not to have | ||
received the merchandise unless the merchandise was sent by |
certified mail or other delivery method by which the seller is | ||
provided with proof of delivery; (2) fail, before furnishing | ||
copies of the "Notice of Cancellation" to the consumer, to | ||
complete both copies by entering the name of the seller, the | ||
address of the seller's place of business, the seller's | ||
telephone number, the date of the mailing, and the date, not | ||
earlier than the 45th business day following the date of the | ||
mailing, by which the consumer may give notice of | ||
cancellation; (3) include in any contract or receipt any | ||
confession of judgment or any waiver of any of the rights to | ||
which the consumer is entitled under this Section including | ||
specifically his right to cancel the sale in accordance with | ||
the provisions of this Section; (4) misrepresent in any manner | ||
the consumer's right to cancel; (5) use any undue influence, | ||
coercion, or any other wilful act or representation to | ||
interfere with the consumer's exercise of his rights under | ||
this Section; (6) fail or refuse to honor any valid notice of | ||
cancellation and return of merchandise by a consumer and, | ||
within 10 business days after the receipt of such notice and | ||
merchandise pertaining to such transaction, to (i) refund | ||
payments made under the contract or sale, (ii) return any | ||
goods or property traded in, in substantially as good | ||
condition as when received by the person, (iii) cancel and | ||
return any negotiable instrument executed by the consumer in | ||
connection with the contract or sale and take any action | ||
necessary or appropriate to terminate promptly any security |
interest created in the transaction; (7) negotiate, transfer, | ||
sell, or assign any note or other evidence of indebtedness to a | ||
finance company or other third party prior to the 50th | ||
business day following the day of the mailing; or (8) fail to | ||
provide the consumer of a hearing aid with written information | ||
stating the name, address, and telephone number of the | ||
Department and informing the consumer that complaints | ||
regarding hearing aid goods or services may be made to the | ||
Department. | ||
(h) The organization employs only licensed hearing | ||
instrument professionals in the dispensing of hearing aids and | ||
files with the Department, by January 1 of each year, a list of | ||
all licensed hearing instrument professionals employed by it. | ||
(Source: P.A. 103-495, eff. 1-1-24.) | ||
(225 ILCS 50/9) (from Ch. 111, par. 7409) | ||
(Text of Section before amendment by P.A. 103-495 ) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 9. Areas of examination. The examination required by | ||
Section 8 shall be set forth by rule and demonstrate the | ||
applicant's technical qualifications by: | ||
(a) Tests of knowledge in the following areas as they | ||
pertain to the testing, selecting, recommending, fitting, | ||
and selling of hearing instruments: | ||
(1) characteristics of sound; | ||
(2) the nature of the ear; and |
(3) the function and maintenance of hearing | ||
instruments. | ||
(b) Practical tests of proficiency in techniques as | ||
they pertain to the fitting of hearing instruments shall | ||
be prescribed by the Department, set forth by rule, and | ||
include candidate qualifications in the following areas: | ||
(1) pure tone audiometry including air conduction | ||
testing and bone conduction testing; | ||
(2) live voice or recorded voice speech | ||
audiometry, including speech reception, threshold | ||
testing and speech discrimination testing; | ||
(3) masking; | ||
(4) proper selection and adaptation of a hearing | ||
instrument; | ||
(5) taking earmold impressions; | ||
(6) proper maintenance procedures; and | ||
(7) a general knowledge of the medical and | ||
physical contra-indications to the use and fitting of | ||
a hearing instrument. | ||
(c) Knowledge of the general medical and hearing | ||
rehabilitation facilities in the area being served. | ||
(d) Knowledge of the provisions of this Act and the | ||
rules promulgated hereunder. | ||
(Source: P.A. 96-683, eff. 1-1-10 .) | ||
(Text of Section after amendment by P.A. 103-495 ) |
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 9. Areas of examination. The examination required by | ||
Section 8 shall be set forth by rule and demonstrate the | ||
applicant's technical qualifications by: | ||
(a) Tests of knowledge in the following areas as they | ||
pertain to the testing, selecting, recommending, fitting, | ||
and selling of hearing aids: | ||
(1) characteristics of sound; | ||
(2) the nature of the ear; and | ||
(3) the function and maintenance of hearing aids. | ||
(b) Practical tests of proficiency in techniques as | ||
they pertain to the fitting of hearing aids shall be | ||
prescribed by the Department, set forth by rule, and | ||
include candidate qualifications in the following areas: | ||
(1) pure-tone pure tone audiometry including air | ||
conduction testing and bone conduction testing; | ||
(2) live voice or recorded voice speech | ||
audiometry, including speech reception, threshold | ||
testing and speech discrimination testing; | ||
(3) masking; | ||
(4) proper selection and adaptation of a hearing | ||
instrument; | ||
(5) taking earmold impressions; | ||
(6) proper maintenance procedures; and | ||
(7) a general knowledge of the medical and | ||
physical contra-indications to the use and fitting of |
a hearing aid aids . | ||
(c) Knowledge of the general medical and hearing | ||
rehabilitation facilities in the area being served. | ||
(d) Knowledge of the provisions of this Act and the | ||
rules promulgated hereunder. | ||
(Source: P.A. 103-495, eff. 1-1-24.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |