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Public Act 91-0932
SB1404 Re-enrolled LRB9107670ACtmA
AN ACT concerning the regulation of audiologists.
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 Sections 4, 7, 8, 11, 14, 15, and
16 as follows:
(225 ILCS 50/4) (from Ch. 111, par. 7404)
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. 89-72, eff. 12-31-95.)
(225 ILCS 50/7) (from Ch. 111, par. 7407)
Sec. 7. Exemptions.
(a) The following are exempt from this Act:
(1) Licensed physicians. This exemption, however,
does not apply to a physician's employee or subcontractor
who is not a physician.
(2) Persons who only repair or manufacture hearing
instruments and their accessories for wholesale.
(b) Audiometers used by persons exempt from this Act to
dispense hearing instruments must meet the annual calibration
requirements and current standards set by the American
National Standards Institute.
(c) Audiologists licensed under the Illinois
Speech-Language Pathology and Audiology Practice Act are
exempt from licensure under this Act, but are otherwise
subject to the practices and provisions of this Act.
(Source: P.A. 89-72, eff. 12-31-95.)
(225 ILCS 50/8) (from Ch. 111, par. 7408)
Sec. 8. Applicant qualifications; examination.
(a) In order to protect persons with hearing
impairments, the Department shall authorize or shall conduct
an appropriate examination for persons who dispense, test,
select, recommend, fit, or service hearing instruments. The
frequency of holding these examinations shall be determined
by the Department by rule. Those who successfully pass such
an examination shall be issued a license as a hearing
instrument dispenser, which shall be effective for a 2-year
period.
(b) Applicants shall be:
(1) at least 18 years of age;
(2) of good moral character;
(3) a high school graduate or the equivalent;
(4) free of contagious or infectious disease; and
(5) a citizen or person who has the status as a
legal alien.
Felony convictions of the applicant and findings against
the applicant involving matters set forth in Sections 17 and
18 shall be considered in determining moral character, but
such a conviction or finding shall not make an applicant
ineligible to register for examination.
(c) Prior to engaging in the practice of fitting,
dispensing, or servicing hearing instruments, an applicant
shall demonstrate, by means of written and practical
examinations, that such person is qualified to practice the
testing, selecting, recommending, fitting, selling, or
servicing of hearing instruments as defined in this Act. An
applicant who fails to obtain a license within 12 months
after passing both the written and practical examinations
must take and pass those examinations again in order to be
eligible to receive a license. An applicant who is a
licensed audiologist shall take the practical examination,
but is not required to take the written examination to
qualify for a license.
The Department shall, by rule, determine the conditions
under which an individual is examined.
(d) Proof of having met the minimum requirements of
continuing education as determined by the Board shall be
required of all license renewals. Pursuant to rule, the
continuing education requirements may, upon petition to the
Board, be waived in whole or in part if the hearing
instrument dispenser can demonstrate that he or she served in
the Coast Guard or Armed Forces, had an extreme hardship, or
obtained his or her license by examination or endorsement
within the preceding renewal period.
(e) Beginning January 1, 2001, persons applying for an
initial license must demonstrate having earned an associate
degree or its equivalent from an accredited institution of
higher education and meet the other requirements of this
Section. In addition, the applicant must demonstrate the
successful completion of 12 semester hours or 18 quarter
hours of academic undergraduate course work in an accredited
institution consisting of 3 semester hours of anatomy and
physiology of the speech and hearing mechanism, 3 semester
hours of hearing science, 3 semester hours of introduction to
audiology, and 3 semester hours of aural rehabilitation, or
the quarter hour equivalent. Persons licensed before January
1, 2001 who have a valid license on that date may have their
license renewed without meeting the requirements of this
subsection.
(Source: P.A. 89-72, eff. 12-31-95.)
(225 ILCS 50/11) (from Ch. 111, par. 7411)
Sec. 11. Graduate audiology students.
Full-time graduate students enrolled in a program of
audiology in an accredited college or university may engage
in the dispensing of hearing instruments as a part of a
program of audiology without a license under the supervision
of a licensed audiologist hearing instrument dispenser.
The supervisor and the supervisor's employer shall be
jointly and severally liable for any acts of the student
relating to the practice of fitting or dispensing hearing
instruments as defined in this Act and the rules promulgated
hereunder.
(Source: P.A. 89-72, eff. 12-95-31.)
(225 ILCS 50/14) (from Ch. 111, par. 7414)
Sec. 14. Powers and duties of the Department. The
powers and duties of the Department are:
(a) To issue licenses and to administer examinations to
applicants;
(b) To license persons who are qualified to engage in
the testing, recommending, fitting, selling, and dispensing
of hearing instruments;
(c) To provide the equipment and facilities necessary
for the examination;
(d) To issue and to renew licenses;
(e) To suspend or revoke licenses or to take such other
disciplinary action as provided in this Act;
(f) To consider all recommendations and requests of the
Board and to inform it of all actions of the Department
insofar as hearing instrument dispensers are concerned,
including any instances where the actions of the Department
are contrary to the recommendations of the Board;
(g) To promulgate rules necessary to implement this Act;
(h) (Blank) To subject the supervisor of a graduate
audiology student to such discipline as provided in this Act
for any violations made by the graduate audiology student;
and
(i) To conduct such consumer education programs and
awareness programs for persons with a hearing impairment as
may be recommended by the Board.
(Source: P.A. 89-72, eff. 12-31-95; 89-626, eff. 8-9-96.)
(225 ILCS 50/15) (from Ch. 111, par. 7415)
Sec. 15. Fees.
(a) The following are fees to be charged and are not
refundable:
(1) The fee for application for a license is $40
$35.
(2) In addition to the application fee, applicants
for any examination shall be required to pay, either to
the Department or to the designated testing service, a
fee covering the actual cost of the examination. Failure
to appear for the examination on the scheduled date, at
the time and place specified, after the applicant's
application and fee for the examination has been received
and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
fee.
(3) The fee for a license shall be $115 $40 per 2
year licensure period, except that the fee for a license
for a person obtaining his or her supervised professional
experience as required by subsection (f) of Section 8 of
the Illinois Speech-Language Pathology and Audiology
Practice Act shall be $60 per one year licensure period.
(4) The fee for the reinstatement of a license
which has been expired for more than 90 days but less
than 2 years is $50 plus payment of all lapsed renewal
and late fees.
(5) The fee for the restoration of a license which
has been expired for more than 2 years is $100 plus
payment of all lapsed renewal and late fees.
(6) The fee for the issuance of a duplicate
license, for the issuance of a replacement license which
has been lost or destroyed or for the issuance of a
license with a change of name or address is $10. No fee
is required for name and address changes on Department
records when no duplicate license is issued.
(7) The fee for a licensee's record for any purpose
is $10.
(8) The fee to have the scoring of an examination
administered by the Department reviewed and verified is
$10, plus any fee charged by the testing service.
(9) The fee for a wall license shall be the actual
cost of such license.
(10) The fee for a roster of persons licensed as
hearing instrument dispensers shall be the actual cost of
such roster.
(11) The annual fee for any organization registered
pursuant to Section 6 is $100. Such fee is in addition
to all other fees imposed under this Act.
(12) A late fee, which shall be in the same amount
as the license renewal fee, shall be charged to a
dispenser whose license renewal fee is received by the
Department after the expiration date of the license.
(13) Sponsors of continuing education courses shall
provide such information as may be required by rule and
shall pay a fee of $150 per course. However, courses
certified or approved for continuing education by the
International Hearing Aid Society, the American Academy
of Audiology, the Academy of Dispensing Audiologists, the
American Speech-Language-Hearing Association, or any
other national organization approved by the Board shall
be exempt from such fee and compliance with such course
filing requirements as specified by rule.
(b) The moneys received as fees and fines by the
Department under this Act shall be deposited in the Hearing
Instrument Dispenser Examining and Disciplinary Fund, which
is hereby created as a special fund in the State Treasury,
and shall be used only for the administration and enforcement
of this Act, including: (1) costs directly related to
licensing of persons under this Act; and (2) by the Board in
the exercise of its powers and performance of its duties, and
such use shall be made by the Department with full
consideration of all recommendations of the Board.
All moneys deposited in the Fund shall be appropriated to
the Department for expenses of the Department and the Board
in the administration and enforcement of this Act.
Moneys in the Fund may be invested and reinvested, with
all earnings deposited in the Fund and used for the purposes
set forth in this Act.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act, which audit
shall include an audit of the Fund, the Department shall make
a copy of the audit open to inspection by any interested
person, which copy shall be submitted to the Department by
the Auditor General, in addition to the copies of audit
reports required to be submitted to other State officers and
agencies by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-72, eff. 12-31-95.)
(225 ILCS 50/16) (from Ch. 111, par. 7416)
Sec. 16. Hearing Instrument Consumer Protection Board.
There shall be established a Hearing Instrument Consumer
Protection Board which shall assist, advise and make
recommendations to the Department.
The Board shall consist of 6 5 members who shall be
residents of Illinois. One shall be a licensed physician who
specializes in otology or otolaryngology; one shall be a
member of a consumer-oriented organization concerned with the
hearing impaired; one shall be from the general public,
preferably a senior citizen; and 3 2 shall be licensed
hearing instrument dispensers who are. Each hearing
instrument dispenser shall have at least 5 years of
experience. One of the hearing instrument dispensers shall be
a Licensed Audiologist and the other shall be a National
Board Certified Hearing Instrument Specialists, one of whom
is a licensed audiologist Specialist. If a vote of the Board
results in a tie, the Director shall cast the deciding vote.
Members of the Board shall be appointed by the Director
after consultation with appropriate professional
organizations and consumer groups. The term of office of each
shall be 4 years. Before a member's term expires, the
Director shall appoint a successor to assume member's duties
at the expiration of his or her predecessor's term. A
vacancy shall be filled by appointment for the unexpired
term. The members shall annually designate one member as
chairman. No member of the Board who has served 2
successive, full terms may be reappointed. The Director may
remove members for good cause.
Members of the Board shall receive reimbursement for
actual and necessary travel and for other expenses, not to
exceed the limit established by the Department.
(Source: P.A. 89-72, eff. 12-31-95.)
Section 10. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Sections 4, 14,
and 14.5 and by adding Section 7.1 as follows:
(225 ILCS 110/4) (from Ch. 111, par. 7904)
Sec. 4. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers and duties:
(a) Conduct or authorize examinations to ascertain the
fitness and qualifications of applicants for license and
issue licenses to those who are found to be fit and
qualified.
(b) Prescribe rules and regulations for a method of
examination of candidates.
(c) Prescribe rules and regulations defining what shall
constitute an approved school, college or department of a
university, except that no school, college or department of a
university that refuses admittance to applicants solely on
account of race, color, creed, sex or national origin shall
be approved.
(d) Conduct hearings on proceedings to revoke, suspend,
or refusal to issue such licenses.
(e) Promulgate rules and regulations required for the
administration of this Act.
(f) Discipline the supervisor of a graduate audiology
student as provided in this Act for a violation by the
graduate audiology student.
(g) Enforce the provisions of the Hearing Instrument
Consumer Protection Act and rules promulgated under the Act
as that Act and those rules apply to licensed audiologists
regulated by the Department.
(Source: P.A. 85-1391.)
(225 ILCS 110/7.1 new)
Sec. 7.1. Graduate audiology students. Full-time
graduate students enrolled in a program of audiology in an
accredited college or university may engage in the dispensing
of hearing instruments as a part of a program of audiology
without a license under the supervision of an audiologist
licensed under this Act.
The supervisor and the supervisor's employer shall be
jointly and severally liable for any acts of the student
relating to the practice of fitting or dispensing hearing
instruments as defined in the rules promulgated under this
Act.
(225 ILCS 110/14) (from Ch. 111, par. 7914)
Sec. 14. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. The
Department shall consult with the Board and consider its
recommendations when establishing the schedule of fees and
any increase in fees to be paid by license applicants.
(b) Except as provided in subsection (c) below, the fees
for the administration and enforcement of this Act, including
but not limited to original licensure, renewal, and
restoration, shall be set by rule and shall be nonrefundable.
(b-5) In addition to any fees set by the Department
through administrative rule, the Department shall, at the
time of licensure and renewal, collect from each licensed
audiologist a Hearing Instrument Consumer Protection Fee of
$45.
(c) Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of initial screening to determine
eligibility and to provide the examination. Failure to appear
for the examination on the scheduled date at the time and
place specified, after the application for examination has
been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
(Source: P.A. 90-69, eff. 7-8-97.)
(225 ILCS 110/14.5)
Sec. 14.5. Deposit of fees and fines. Beginning July 1,
1995, all of the fees and fines collected under this Act
shall be deposited into the General Professions Dedicated
Fund, with the exception of the Hearing Instrument Consumer
Protection Fee provided for in subsection (b-5) of Section
14, which shall be deposited into the Hearing Instrument
Dispenser Licensing and Discipline Fund administered by the
Department of Public Health.
(Source: P.A. 88-683, eff. 1-24-95.)
Section 99. Effective date. This Act takes effect on
January 1, 2001.
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