Bill Amendment: IL SB1721 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HEARING INSTRUMENT ACT-VARIOUS

Status: 2023-08-04 - Public Act . . . . . . . . . 103-0495 [SB1721 Detail]

Download: Illinois-2023-SB1721-House_Amendment_001.html

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Rep. Natalie A. Manley

Filed: 4/18/2023

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AMENDMENT TO SENATE BILL 1721
AMENDMENT NO. ______. Amend Senate Bill 1721 by replacing
everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by
changing Section 13-703 as follows:
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-703. (a) The Commission shall design and implement
a program whereby each telecommunications carrier providing
local exchange service shall provide a telecommunications
device capable of servicing the needs of those persons with a
hearing or speech disability together with a single party
line, at no charge additional to the basic exchange rate, to
any subscriber who is certified as having a hearing or speech
disability by a hearing instrument care professional, as
defined in the Hearing Instrument Consumer Protection Act, a

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speech-language pathologist, or a qualified State agency and
to any subscriber which is an organization serving the needs
of those persons with a hearing or speech disability as
determined and specified by the Commission pursuant to
subsection (d).
(b) The Commission shall design and implement a program,
whereby each telecommunications carrier providing local
exchange service shall provide a telecommunications relay
system, using third party intervention to connect those
persons having a hearing or speech disability with persons of
normal hearing by way of intercommunications devices and the
telephone system, making available reasonable access to all
phases of public telephone service to persons who have a
hearing or speech disability. In order to design a
telecommunications relay system which will meet the
requirements of those persons with a hearing or speech
disability available at a reasonable cost, the Commission
shall initiate an investigation and conduct public hearings to
determine the most cost-effective method of providing
telecommunications relay service to those persons who have a
hearing or speech disability when using telecommunications
devices and therein solicit the advice, counsel, and physical
assistance of Statewide nonprofit consumer organizations that
serve persons with hearing or speech disabilities in such
hearings and during the development and implementation of the
system. The Commission shall phase in this program, on a

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geographical basis, as soon as is practicable, but no later
than June 30, 1990.
(c) The Commission shall establish a competitively neutral
rate recovery mechanism that establishes charges in an amount
to be determined by the Commission for each line of a
subscriber to allow telecommunications carriers providing
local exchange service to recover costs as they are incurred
under this Section. Beginning no later than April 1, 2016, and
on a yearly basis thereafter, the Commission shall initiate a
proceeding to establish the competitively neutral amount to be
charged or assessed to subscribers of telecommunications
carriers and wireless carriers, Interconnected VoIP service
providers, and consumers of prepaid wireless
telecommunications service in a manner consistent with this
subsection (c) and subsection (f) of this Section. The
Commission shall issue its order establishing the
competitively neutral amount to be charged or assessed to
subscribers of telecommunications carriers and wireless
carriers, Interconnected VoIP service providers, and
purchasers of prepaid wireless telecommunications service on
or prior to June 1 of each year, and such amount shall take
effect June 1 of each year.
Telecommunications carriers, wireless carriers,
Interconnected VoIP service providers, and sellers of prepaid
wireless telecommunications service shall have 60 days from
the date the Commission files its order to implement the new

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rate established by the order.
(d) The Commission shall determine and specify those
organizations serving the needs of those persons having a
hearing or speech disability that shall receive a
telecommunications device and in which offices the equipment
shall be installed in the case of an organization having more
than one office. For the purposes of this Section,
"organizations serving the needs of those persons with hearing
or speech disabilities" means centers for independent living
as described in Section 12a of the Rehabilitation of Persons
with Disabilities Act and not-for-profit organizations whose
primary purpose is serving the needs of those persons with
hearing or speech disabilities. The Commission shall direct
the telecommunications carriers subject to its jurisdiction
and this Section to comply with its determinations and
specifications in this regard.
(e) As used in this Section:
"Prepaid wireless telecommunications service" has the
meaning given to that term under Section 10 of the Prepaid
Wireless 9-1-1 Surcharge Act.
"Retail transaction" has the meaning given to that term
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Seller" has the meaning given to that term under Section
10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Telecommunications carrier providing local exchange
service" includes, without otherwise limiting the meaning of

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the term, telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying
the operating expenses by assessment upon the members of such
a company and no other person.
"Wireless carrier" has the meaning given to that term
under Section 2 of the Emergency Telephone System Act.
(f) Interconnected VoIP service providers, sellers of
prepaid wireless telecommunications service, and wireless
carriers in Illinois shall collect and remit assessments
determined in accordance with this Section in a competitively
neutral manner in the same manner as a telecommunications
carrier providing local exchange service. However, the
assessment imposed on consumers of prepaid wireless
telecommunications service shall be collected by the seller
from the consumer and imposed per retail transaction as a
percentage of that retail transaction on all retail
transactions occurring in this State. The assessment on
subscribers of wireless carriers and consumers of prepaid
wireless telecommunications service shall not be imposed or
collected prior to June 1, 2016.
Sellers of prepaid wireless telecommunications service
shall remit the assessments to the Department of Revenue on
the same form and in the same manner which they remit the fee
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
the purposes of display on the consumers' receipts, the rates
of the fee collected under the Prepaid Wireless 9-1-1

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Surcharge Act and the assessment under this Section may be
combined. In administration and enforcement of this Section,
the provisions of Sections 15 and 20 of the Prepaid Wireless
9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5),
(e), and (e-5) of Section 15 and subsections (c) and (e) of
Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and,
from June 29, 2015 (the effective date of Public Act 99-6), the
seller shall be permitted to deduct and retain 3% of the
assessments that are collected by the seller from consumers
and that are remitted and timely filed with the Department)
that are not inconsistent with this Section, shall apply, as
far as practicable, to the subject matter of this Section to
the same extent as if those provisions were included in this
Section. Beginning on January 1, 2018, the seller is allowed
to deduct and retain 3% of the assessments that are collected
by the seller from consumers and that are remitted timely and
timely filed with the Department, but only if the return is
filed electronically as provided in Section 3 of the
Retailers' Occupation Tax Act. Sellers who demonstrate that
they do not have access to the Internet or demonstrate
hardship in filing electronically may petition the Department
to waive the electronic filing requirement. The Department
shall deposit all assessments and penalties collected under
this Section into the Illinois Telecommunications Access
Corporation Fund, a special fund created in the State
treasury. On or before the 25th day of each calendar month, the

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Department shall prepare and certify to the Comptroller the
amount available to the Commission for distribution out of the
Illinois Telecommunications Access Corporation Fund. The
amount certified shall be the amount (not including credit
memoranda) collected during the second preceding calendar
month by the Department, plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body or fund. The
amount paid to the Illinois Telecommunications Access
Corporation Fund shall not include any amount equal to the
amount of refunds made during the second preceding calendar
month by the Department to retailers under this Section or any
amount that the Department determines is necessary to offset
any amounts which were payable to a different taxing body or
fund but were erroneously paid to the Illinois
Telecommunications Access Corporation Fund. The Commission
shall distribute all the funds to the Illinois
Telecommunications Access Corporation and the funds may only
be used in accordance with the provisions of this Section. The
Department shall deduct 2% of all amounts deposited in the
Illinois Telecommunications Access Corporation Fund during
every year of remitted assessments. Of the 2% deducted by the
Department, one-half shall be transferred into the Tax
Compliance and Administration Fund to reimburse the Department
for its direct costs of administering the collection and
remittance of the assessment. The remaining one-half shall be

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transferred into the Public Utility Fund to reimburse the
Commission for its costs of distributing to the Illinois
Telecommunications Access Corporation the amount certified by
the Department for distribution. The amount to be charged or
assessed under subsections (c) and (f) is not imposed on a
provider or the consumer for wireless Lifeline service where
the consumer does not pay the provider for the service. Where
the consumer purchases from the provider optional minutes,
texts, or other services in addition to the federally funded
Lifeline benefit, a consumer must pay the charge or
assessment, and it must be collected by the seller according
to this subsection (f).
Interconnected VoIP services shall not be considered an
intrastate telecommunications service for the purposes of this
Section in a manner inconsistent with federal law or Federal
Communications Commission regulation.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(h) The Commission may adopt rules necessary to implement
this Section.
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff.
1-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303,
eff. 8-24-17; 100-863, eff. 8-14-18.)
Section 10. The Hearing Instrument Consumer Protection Act

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is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 9.5,
14, 16, 17, 18, 19, and 20 and by adding Sections 4.5, 4.6, and
12 as follows:
(225 ILCS 50/1) (from Ch. 111, par. 7401)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1. Purpose. The purpose of this Act is to protect the
deaf or hard of hearing public from the practice of dispensing
hearing aids instruments that could endanger the health,
safety and welfare of the People of this State. The Federal
Food and Drug Administration and Federal Trade Commission has
recommended that State legislation is necessary in order to
establish standards of competency and to impose stringent
penalties for those who violate the public trust in this field
of health care.
(Source: P.A. 98-827, eff. 1-1-15.)
(225 ILCS 50/3) (from Ch. 111, par. 7403)
(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

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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

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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
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.
"Involvement of a licensed person" refers to the

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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 instruments" 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 instruments including the making of earmolds as a
part of the hearing aid 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 instrument care professional that engages in the
selling, practice of fitting, selecting, recommending,
dispensing, prescribing, or servicing of prescription hearing
aids instruments or the testing for means of hearing aid
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,
prescribing, or selling of prescription hearing aids
instruments.
"Fund" means the Hearing Instrument Dispenser Examining
and Disciplinary Fund.
"Hearing instrument care professional" means a person who

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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

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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. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
(225 ILCS 50/4) (from Ch. 111, par. 7404)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Disclosure; waiver; complaints; insurance. The
hearing instrument professional dispenser shall give at no
charge to every person fitted and sold a hearing aid
instrument the "User Instructional Brochure", supplied by the
hearing aid instrument 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

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transaction.
Whenever a sale or service of one or more prescription
hearing aids 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 professional 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 (i)
the hearing instrument professional's dispenser's name,
license number, business address, business phone number, and
signature; (ii) the name, address, and signature of the
hearing instrument consumer; (iii) and the name and signature
of the purchaser if the consumer and the purchaser are not the
same person; (iv) the hearing aid instrument 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 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.

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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

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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 professional dispenser or the
professional's 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
17 or under 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
professional 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

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indicating that formal complaints regarding hearing aid
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 aids instruments
shall be provided with a written statement indicating that
formal complaints regarding hearing aid 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 professional 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.)
(225 ILCS 50/4.5 new)
Sec. 4.5. Hearing aids dispensed by prescription to
persons age 17 or younger.
(a) A hearing instrument professional may dispense a
hearing aid to a person age 17 or younger in accordance with

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the requirements of this Section.
(b) A hearing instrument professional shall not sell a
prescription hearing aid to anyone age 17 or younger unless
the prospective user has presented to the hearing instrument
professional a written statement, signed by a licensed
physician, that states that the patient's hearing loss has
been medically evaluated and the patient is considered a
candidate for a hearing aid. The medical evaluation must have
been performed within the 6 months immediately preceding the
date of the sale of the hearing aid to the prospective hearing
aid user.
(c) A person age 17 or younger must be medically evaluated
in person by a physician before receiving a prescription for a
hearing aid. The evaluation must have been performed within
the 6 months immediately preceding the date that the hearing
aid is dispensed.
(d) Following a medical evaluation by a licensed
physician, a licensed audiologist or a licensed physician
other than the evaluating physician may prescribe a
prescription hearing aid for an individual age 17 or younger.
A person age 17 or younger may not waive the medical evaluation
or receipt of a prescription from a licensed audiologist or a
licensed physician unless the person is replacing a lost or
stolen hearing aid that is subject to warranty replacement.
(e) A hearing aid prescription for individuals age 17 or
younger issued by a licensed audiologist or a licensed

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physician other than the evaluating physician must include, at
a minimum, the following information:
(1) name of the patient;
(2) documentation of medical evaluation by a
physician;
(3) date the prescription is issued;
(4) expiration date of the prescription, which may not
exceed 6 months from the date of issuance;
(5) name and license number of the prescribing
licensed audiologist or licensed physician;
(6) results of the following assessments: (i)
age-appropriate pure-tone air conduction audiometry or
results of auditory evoked potential testing, including,
but not limited to, auditory brainstem response or
otoacoustic emissions testing; (ii) bone conduction
testing, as age appropriate; and (iii) recorded or live
voice speech in quiet, as age appropriate;
(7) documentation of type and style of hearing aid;
and
(8) documentation of medical necessity of the
recommended features of a hearing aid.
(225 ILCS 50/4.6 new)
Sec. 4.6. Prescription hearing aids for persons age 18 or
older.
(a) A hearing instrument professional may dispense a

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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;

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(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 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.
(225 ILCS 50/5) (from Ch. 111, par. 7405)
(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
instruments or display a sign, advertise, or represent oneself

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as a person who practices the fitting or selling of hearing
aids 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 aid instrument evaluations for the purpose
of dispensing a hearing aid 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 aids instrument manufacturer may distribute, sell,
or otherwise provide hearing aids instruments to any
unlicensed hearing instrument care professional for the
purpose of selling hearing aids 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 aid 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

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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.)
(225 ILCS 50/6) (from Ch. 111, par. 7406)
(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 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 professional 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:

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(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 5 year period

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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 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 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

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adjudicated a bankrupt or reorganized due to
insolvency during such 5-year 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 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

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the organization may desire to present.
(b-5) If a device being sold does not meet the definition
of an over-the-counter a hearing aid or a prescription hearing
aid, 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 sound amplification product amplifier and
not intended to replace a properly fitted and calibrated
hearing aid or treat hearing loss 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 aid by mail or over the

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Internet instrument 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. 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) (Blank). 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

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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 prescription hearing
aids are instruments is 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
instruments were mailed by the seller to the consumer and by
returning to the seller in its original condition any hearing
aids instrument delivered to the consumer under the contract
or sale. At the time the hearing aid 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

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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

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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

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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

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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 instrument with written
information stating the name, address, and telephone number of
the Department and informing the consumer that complaints
regarding hearing aid instrument goods or services may be made
to the Department.
(h) The organization employs only licensed hearing
instrument professionals dispensers in the dispensing of
hearing aids instruments and files with the Department, by
January 1 of each year, a list of all licensed hearing
instrument professionals dispensers employed by it.
(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
(225 ILCS 50/7) (from Ch. 111, par. 7407)
(Section scheduled to be repealed on January 1, 2026)
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.

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(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.
(d) Hearing aid technicians are exempt from licensure
under this Act but are otherwise subject to the practices and
provisions of this Act.
(Source: P.A. 91-932, eff. 1-1-01.)
(225 ILCS 50/8) (from Ch. 111, par. 7408)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8. Applicant qualifications; examination.
(a) In order to protect persons who are deaf or hard of
hearing, the Department shall authorize or shall conduct an
appropriate examination, which may be the International
Hearing Society's licensure examination, for persons who
dispense, test, select, recommend, fit, or service hearing
aids 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

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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) the holder of an associate's degree or the
equivalent;
(4) free of contagious or infectious disease; and
(5) a citizen or person lawfully present in the United
States.
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 prescribing,
fitting, dispensing, or servicing hearing aids 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 aids instruments as defined in this Act.
An applicant must obtain a license within 12 months after
passing either the written or practical examination, whichever
is passed first, or must take and pass those examinations
again in order to be eligible to receive a license.
The Department shall, by rule, determine the conditions

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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) Persons applying for an initial license must
demonstrate having earned, at a minimum, an associate degree
or its equivalent from an accredited institution of higher
education that is recognized by the U.S. Department of
Education or that meets the U.S. Department of Education
equivalency as determined through a National Association of
Credential Evaluation Services (NACES) member, and meet the
other requirements of this Section. In addition, the applicant
must demonstrate the successful completion of (1) 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 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 or (2) an
equivalent program as determined by the Department that is

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consistent with the scope of practice of a hearing instrument
dispenser as defined in Section 3 of this Act. Persons
licensed before January 1, 2003 who have a valid license on
that date may have their license renewed without meeting the
requirements of this subsection.
(Source: P.A. 102-1030, eff. 5-27-22.)
(225 ILCS 50/9) (from Ch. 111, par. 7409)
(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 instruments:
(1) characteristics of sound;
(2) the nature of the ear; and
(3) the function and maintenance of hearing aids
instruments.
(b) Practical tests of proficiency in techniques as
they pertain to the fitting of hearing aids 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;

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(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 aids 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.)
(225 ILCS 50/9.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9.5. Trainees.
(a) In order to receive a trainee license, a person must
apply to the Department and provide acceptable evidence of his
or her completion of the required courses pursuant to
subsection (e) of Section 8 of this Act, or its equivalent as
determined by the Department. A trainee license expires 12
months from the date of issue and is non-renewable.

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(b) A trainee shall 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. For the
purposes of this Section, "direct supervision" means that the
licensed hearing instrument dispenser or audiologist shall
give final approval to all work performed by the trainee and
shall be physically present anytime the trainee has contact
with the client. The licensed hearing instrument dispenser or
audiologist is responsible for all of the work that is
performed by the trainee.
(c) The Department may limit the number of trainees that
may be under the direct supervision of the same licensed
hearing instrument dispenser or licensed audiologist.
(d) The Department may establish a trainee licensing fee
by rule.
(e) A trainee may be supervised by more than one licensed
hearing instrument professional. The trainee must complete a
hearing instrument consumer protection program license
verification form for each supervising licensed hearing
instrument professional.
(Source: P.A. 98-827, eff. 1-1-15.)
(225 ILCS 50/12 new)
Sec. 12. Hearing aid technicians.
(a) Hearing aid technicians may be employed by a hearing

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instrument professional to assist in the dispensing and
servicing of hearing instruments without a license. A hearing
aid technician must work under the direct supervision of a
licensed hearing instrument professional.
(b) The duties of a hearing aid technician are limited to
the following:
(1) packaging and mailing earmold orders, repaired
devices, and manufacturer or lab returns;
(2) maintaining an inventory of supplies;
(3) performing checks on hearing aids and other
amplification devices and equipment;
(4) troubleshooting and performing minor repairs to
hearing aids, earmolds, and other amplification devices
which do not alter the shape, sound characteristics, or
performance of the device;
(5) cleaning of hearing aids and other amplification
devices;
(6) performing electroacoustic analysis of hearing
aids and other amplification devices;
(7) instructing patients in proper use and care of
hearing aids and other amplification devices;
(8) demonstration of alerting and assistive listening
devices;
(9) performing infection control duties within the
clinic or service; and
(10) contacting hearing instrument manufacturers and

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suppliers regarding status of orders and repairs.
(c) The licensed hearing instrument professional is
responsible for all services performed by the hearing aid
technician under the professional's direct supervision.
(225 ILCS 50/14) (from Ch. 111, par. 7414)
(Section scheduled to be repealed on January 1, 2026)
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, which must be offered at least on a quarterly
basis;
(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;

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(h) (Blank); 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. 91-932, eff. 1-1-01.)
(225 ILCS 50/16) (from Ch. 111, par. 7416)
(Section scheduled to be repealed on January 1, 2026)
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 7 6 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
deaf or hard of hearing; one shall be from the general public,
preferably a senior citizen; 2 shall be licensed hearing
instrument dispensers who are National Board Certified Hearing
Instrument Specialists; and 2 one shall be a licensed
audiologist. 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. As soon as practical after the effective
date of this amendatory Act of the 103rd General Assembly, the

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Director shall appoint the members of the Board. 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. 98-827, eff. 1-1-15.)
(225 ILCS 50/17) (from Ch. 111, par. 7417)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. Duties of the Board. The Board shall advise the
Department in all matters relating to this Act and shall
assist as requested by the Director.
The Board shall respond to issues and problems relating to
the improvement of services to the deaf or hard of hearing and
shall make such recommendations as it considers advisable. It
shall file an annual report with the Director and shall meet at
least twice a year. The Board may meet at any time at the call
of the chair.
The Board shall recommend specialized education programs

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for persons wishing to become licensed as hearing instrument
dispensers and shall, by rule, establish minimum standards of
continuing education required for license renewal. No more
than 5 hours of continuing education credit per year, however,
can be obtained through programs sponsored by hearing
instrument manufacturers. Continuing education credit A
minimum of 2 hours of continuing education credit per
licensing period must include a minimum of (i) 2 hours be
obtained in Illinois law and ethics, (ii) one hour in sexual
harassment prevention training, and (iii) one hour in implicit
bias awareness. Continuing education offered by a college,
university, or bar association, the International Hearing
Society, the American Academy of Audiology, the American
Speech-Language-Hearing Association, the Illinois
Speech-Language-Hearing Association, the Illinois Academy of
Audiology, or the Illinois Hearing Society regarding Illinois
law and ethics shall be accepted toward satisfaction of the
Illinois law and ethics continuing education requirement.
The Board shall hear charges brought by any person against
hearing instrument dispensers and shall recommend disciplinary
action to the Director.
Members of the Board are immune from liability in any
action based upon a licensing proceeding or other act
performed in good faith as a member of the Board.
(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)

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(225 ILCS 50/18) (from Ch. 111, par. 7418)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18. Discipline by the Department. The Department may
refuse to issue or renew a license or it may revoke, suspend,
place on probation, censure, fine, or reprimand a licensee for
any of the following:
(a) Material misstatement in furnishing information to
the Department or to any other State or federal agency.
(b) Violations of this Act, or the rules promulgated
hereunder.
(c) Conviction of any crime under the laws of the
United States or any state or territory thereof which is a
felony or misdemeanor, an essential element of dishonesty,
or of any crime which is directly related to the practice
of the profession.
(d) Making any misrepresentation for the purpose of
obtaining a license or renewing a license, including
falsification of the continuing education requirement.
(e) Professional incompetence.
(f) Malpractice.
(g) Aiding or assisting another person in violating
any provision of this Act or the rules promulgated
hereunder.
(h) Failing, within 30 days, to provide in writing
information in response to a written request made by the
Department.

10300SB1721ham001 - 47 - LRB103 27016 SPS 60463 a
(i) Engaging in dishonorable, unethical, or
unprofessional conduct which is likely to deceive,
defraud, or harm the public.
(j) Knowingly employing, directly or indirectly, any
suspended or unlicensed person to perform any services
covered by this Act.
(k) Habitual intoxication or addiction to the use of
drugs.
(l) Discipline by another state, the District of
Columbia, territory, or a foreign nation, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(m) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any service not actually rendered. Nothing in this
paragraph (m) affects any bona fide independent contractor
or employment arrangements among health care
professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law.
Any employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (m) shall be construed to
require an employment arrangement to receive professional

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fees for services rendered.
(n) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
(o) Willfully making or filing false records or
reports.
(p) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(q) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety.
(r) Solicitation of services or products by
advertising that is false or misleading. An advertisement
is false or misleading if it:
(1) contains an intentional misrepresentation of
fact;
(2) contains a false statement as to the
licensee's professional achievements, education,
skills, or qualifications in the hearing instrument
dispensing profession;
(3) makes a partial disclosure of a relevant fact,
including:
(i) the advertisement of a discounted price of
an item without identifying in the advertisement

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or at the location of the item either the specific
product being offered at the discounted price or
the usual price of the item; and
(ii) the advertisement of the price of a
specifically identified hearing instrument if more
than one hearing instrument appears in the same
advertisement without an accompanying price;
(4) contains a representation that a product
innovation is new when, in fact, the product was first
offered by the manufacturer to the general public in
this State not less than 12 months before the date of
the advertisement;
(5) contains any other representation, statement,
or claim that is inherently misleading or deceptive;
or
(6) contains information that the licensee
manufactures hearing instruments at the licensee's
office location unless the following statement
includes a statement disclosing that the instruments
are manufactured by a specified manufacturer and
assembled by the licensee.
(s) Participating in subterfuge or misrepresentation
in the fitting or servicing of a hearing instrument.
(t) (Blank).
(u) Representing that the service of a licensed
physician or other health professional will be used or

10300SB1721ham001 - 50 - LRB103 27016 SPS 60463 a
made available in the fitting, adjustment, maintenance, or
repair of hearing instruments or hearing aids when that is
not true, or using the words "doctor", "audiologist",
"clinic", "Clinical Audiologist", "Certified Hearing Aid
Audiologist", "State Licensed", "State Certified",
"Hearing Instrument Care Professional", "Licensed Hearing
Instrument Dispenser", "Licensed Hearing Aid Dispenser",
"Board Certified Hearing Instrument Specialist", "Hearing
Instrument Specialist", "Licensed Audiologist", or any
other term, abbreviation, or symbol which would give the
impression that service is being provided by persons who
are licensed or awarded a degree or title, or that an
entity utilizes the services of an individual who is
licensed or has been awarded a degree or title, or that the
person's service who is holding the license has been
recommended by a governmental agency or health provider,
when such is not the case.
(v) Advertising a manufacturer's product or using a
manufacturer's name or trademark implying a relationship
which does not exist.
(w) Directly or indirectly giving or offering anything
of value to any person who advises another in a
professional capacity, as an inducement to influence the
purchase of a product sold or offered for sale by a hearing
instrument dispenser or influencing persons to refrain
from dealing in the products of competitors.

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(x) Conducting business while suffering from a
contagious disease.
(y) Engaging in the fitting or sale of hearing
instruments under a name with fraudulent intent.
(z) Dispensing a hearing instrument to a person who
has not been given tests utilizing appropriate established
procedures and instrumentation in the fitting of
prescription hearing aids instruments, except where there
is the replacement of a hearing instrument, of the same
make and model within one year of the dispensing of the
original hearing instrument.
(aa) Unavailability or unwillingness to adequately
provide for service or repair of hearing instruments or
hearing aids fitted and sold by the dispenser.
(bb) Violating the regulations of the Federal Food and
Drug Administration or the Federal Trade Commission as
they affect hearing aids or instruments.
(cc) Violating any provision of the Consumer Fraud and
Deceptive Business Practices Act.
(dd) Violating the Health Care Worker Self-Referral
Act.
(ee) Failing to adequately supervise a hearing aid
technician or allowing a hearing aid technician to
practice beyond the hearing aid technician's training or
the duties set forth in Section 12.
(ff) Filing a false claim with a third-party payer.

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The Department, with the approval of the Board, may impose
a fine not to exceed $1,000 plus costs for the first violation
and not to exceed $5,000 plus costs for each subsequent
violation of this Act, and the rules promulgated hereunder, on
any person or entity described in this Act. Such fine may be
imposed as an alternative to any other disciplinary measure,
except for probation. The imposition by the Department of a
fine for any violation does not bar the violation from being
alleged in subsequent disciplinary proceedings. Such fines
shall be deposited in the Fund.
(Source: P.A. 100-201, eff. 8-18-17.)
(225 ILCS 50/19) (from Ch. 111, par. 7419)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19. Injunctions; civil penalties.
(a) The practice of prescribing, fitting, dispensing, and
servicing hearing instruments or hearing aids by any person
not at that time in possession of a valid and current license
under this Act is hereby declared to be a Class A misdemeanor.
The Director of the Department, through the Attorney General
or the State's Attorney of any county, may maintain an action
in the name of the people of the State of Illinois and may
apply for an injunction in the circuit court to enjoin such
person from engaging in such practice. Any person may apply
for an injunction in the circuit court to enjoin a person from
engaging without a license in practices for which a license is

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required under this Act. Upon the filing of a verified
petition in such court, the court, if satisfied by affidavit
or otherwise, that such person has been engaged in such
practice without a current license to do so, may enter a
temporary restraining order without notice or bond, enjoining
the defendant from such further practice. A copy of the
verified complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as other civil
cases. If it is established that the defendant has been, or is
engaged in any unlawful practice, the court may enter an order
or judgment perpetually enjoining the defendant from further
such practice. In all proceedings hereunder, the court, in its
discretion, may apportion the costs among the parties
interested in the action, including cost of filing the
complaint, service of process, witness fees and expenses,
court reporter charges and reasonable attorneys fees. In case
of violation of any injunctive order entered pursuant to this
Section, the court, may try and punish the offender for
contempt of court. Such injunctive proceedings shall be in
addition to all penalties and other remedies in this Act. Any
such costs that may accrue to the Department shall be placed in
the Fund.
(b) A person who engages in the selling of hearing
instruments or hearing aids or the practice of prescribing,
fitting, dispensing, or servicing hearing instruments or
hearing aids or displays a sign, advertises, or represents

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himself or herself as a person who practices the fitting and
selling of hearing instruments or hearing aids without being
licensed or exempt under this Act shall, in addition to any
other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense,
as determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(c) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(d) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-72, eff. 12-31-95.)
(225 ILCS 50/20) (from Ch. 111, par. 7420)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20. Inactive status. A hearing instrument dispenser
who notifies the Department, on the prescribed forms, may
place his or her license on inactive status and shall be exempt
from payment of renewal fees until he or she notifies the
Department in writing, of the intention to resume the practice
of testing, fitting, dispensing, selecting, recommending, and

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servicing hearing aids instruments and pays the current
renewal fee and demonstrates compliance with any continuing
education that may be required. However, if such period of
inactive status is more than 2 years, the hearing instrument
dispenser shall also provide the Department with sworn
evidence certifying to active practice in another jurisdiction
that is satisfactory to the Department. If such person has not
practiced in any jurisdiction for 2 years or more, he or she
shall be required to restore his or her license by retaking and
passing the examinations required in Section 8. Any hearing
instrument dispenser whose license is on inactive status shall
not practice in Illinois.
(Source: P.A. 89-72, eff. 12-31-95.)
Section 99. Effective date. This Act takes effect January
1, 2024.".