Illinois-2023-SB2615-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2615

Introduced 10/24/2023, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

`225 ILCS 50/3`	`from Ch. 111, par. 7403`
`225 ILCS 50/4`	`from Ch. 111, par. 7404`
`225 ILCS 50/4.6`
`225 ILCS 50/5`	`from Ch. 111, par. 7405`
`225 ILCS 50/6`	`from Ch. 111, par. 7406`
`225 ILCS 50/9`	`from Ch. 111, par. 7409`

Amends the Hearing Instrument Consumer Protection Act. Requires all hearing instruments offered for sale to be accompanied by a 30-business day return privilege. Requires the receipt or contract provided to the consumer to state that the consumer has a right to return the hearing instrument for a refund within 30 business days of the date of delivery. Provides that 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. Defines terms. Makes technical changes. Effective January 1, 2024.

LRB103 34891 MXP 64758 b

A BILL FOR

SB2615

LRB103 34891 MXP 64758 b

1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Hearing Instrument Consumer Protection Act

5 is amended by changing Section 3, 4, 4.6, 5, 6, and 9 as

6 follows:

7 (225 ILCS 50/3) (from Ch. 111, par. 7403)

8 (Text of Section before amendment by P.A. 103-495)

9 (Section scheduled to be repealed on January 1, 2026)

10 Sec. 3. Definitions. As used in this Act, except as the

11 context requires otherwise:

12 "Department" means the Department of Public Health.

13 "Director" means the Director of the Department of Public

14 Health.

15 "License" means a license issued by the State under this

16 Act to a hearing instrument dispenser.

17 "Licensed audiologist" means a person licensed as an

18 audiologist under the Illinois Speech-Language Pathology and

19 Audiology Practice Act.

20 "National Board Certified Hearing Instrument Specialist"

21 means a person who has had at least 2 years in practice as a

22 licensed hearing instrument dispenser and has been certified

23 after qualification by examination by the National Board for

SB2615

- 2 -

LRB103 34891 MXP 64758 b

1 Certification in Hearing Instruments Sciences.

2 "Licensed physician" or "physician" means a physician

3 licensed in Illinois to practice medicine in all of its

4 branches pursuant to the Medical Practice Act of 1987.

5 "Trainee" means a person who is licensed to perform the

6 functions of a hearing instrument dispenser in accordance with

7 the Department rules and only under the direct supervision of

8 a hearing instrument dispenser or audiologist who is licensed

9 in the State.

10 "Board" means the Hearing Instrument Consumer Protection

11 Board.

12 "Hearing instrument" or "hearing aid" means any wearable

13 instrument or device designed for or offered for the purpose

14 of aiding or compensating for impaired human hearing and that

15 can provide more than 15 dB full on gain via a 2cc coupler at

16 any single frequency from 200 through 6000 cycles per second,

17 and any parts, attachments, or accessories, including ear

18 molds. "Hearing instrument" or "hearing aid" do not include

19 batteries, cords, or group auditory training devices and any

20 instrument or device used by a public utility in providing

21 telephone or other communication services are excluded.

22 "Practice of fitting, dispensing, or servicing of hearing

23 instruments" means the measurement of human hearing with an

24 audiometer, calibrated to the current American National

25 Standard Institute standards, for the purpose of making

26 selections, recommendations, adaptions, services, or sales of

SB2615

- 3 -

LRB103 34891 MXP 64758 b

1 hearing instruments including the making of earmolds as a part

2 of the hearing instrument.

3 "Sell" or "sale" means any transfer of title or of the

4 right to use by lease, bailment, or any other contract,

5 excluding wholesale transactions with distributors or dealers.

6 "Hearing instrument dispenser" means a person who is a

7 hearing care professional that engages in the selling,

8 practice of fitting, selecting, recommending, dispensing, or

9 servicing of hearing instruments or the testing for means of

10 hearing instrument selection or who advertises or displays a

11 sign or represents himself or herself as a person who

12 practices the testing, fitting, selecting, servicing,

13 dispensing, or selling of hearing instruments.

14 "Fund" means the Hearing Instrument Dispenser Examining

15 and Disciplinary Fund.

16 "Hearing care professional" means a person who is a

17 licensed audiologist, a licensed hearing instrument dispenser,

18 or a licensed physician.

19 (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)

20 (Text of Section after amendment by P.A. 103-495)

21 (Section scheduled to be repealed on January 1, 2026)

22 Sec. 3. Definitions. As used in this Act, except as the

23 context requires otherwise:

24 "Department" means the Department of Public Health.

25 "Director" means the Director of the Department of Public

SB2615

- 4 -

LRB103 34891 MXP 64758 b

1 Health.

2 "Direct supervision" means the final approval given by the

3 licensed hearing instrument professional to all work performed

4 by the person under supervision and that the licensed hearing

5 instrument professional is physically present in the facility

6 any time the person under supervision has contact with a

7 client. "Direct supervision" does not mean that the licensed

8 hearing instrument professional is in the same room when the

9 person under supervision has contact with the client.

10 "Federal Trade Commission" means the United States federal

11 agency which regulates business practices and commerce.

12 "Food and Drug Administration" means the United States

13 federal agency which regulates hearing instruments or hearing

14 aids as medical devices.

15 "License" means a license issued by the State under this

16 Act to a hearing instrument dispenser.

17 "Licensed audiologist" means a person licensed as an

18 audiologist under the Illinois Speech-Language Pathology and

19 Audiology Practice Act and who can prescribe hearing aids in

20 accordance with this Act.

21 "National Board Certified Hearing Instrument Specialist"

22 means a person who has had at least 2 years in practice as a

23 licensed hearing instrument dispenser and has been certified

24 after qualification by examination by the National Board for

25 Certification in Hearing Instruments Sciences.

26 "Licensed physician" or "physician" means a physician

SB2615

- 5 -

LRB103 34891 MXP 64758 b

1 licensed in Illinois to practice medicine in all of its

2 branches pursuant to the Medical Practice Act of 1987.

3 "Trainee" means a person who is licensed to perform the

4 functions of a hearing instrument dispenser or audiologist in

5 accordance with the Department rules and only under the direct

6 supervision of a hearing instrument dispenser or audiologist

7 who is licensed in the State.

8 "Board" means the Hearing Instrument Consumer Protection

9 Board.

10 "Hearing instrument" or "hearing aid" means any instrument

11 or device, including an instrument or device dispensed

12 pursuant to a prescription, that is designed, intended, or

13 offered for the purpose of improving a person's hearing and

14 any parts, attachments, or accessories, including earmolds.

15 "Hearing instrument" or "hearing aid" does not include

16 batteries, cords, and individual or group auditory training

17 devices and any instrument or device used by a public utility

18 in providing telephone or other communication services.

19 "Involvement of a licensed hearing professional ~~person~~"

20 refers to the supervision ~~supervisor~~, prescription or other

21 order, involvement, or interaction by a licensed hearing

22 instrument professional.

23 "Practice of prescribing, fitting, dispensing, or

24 servicing of prescription hearing aids" means the measurement

25 of human hearing with an audiometer, calibrated to the current

26 American National Standard Institute standards, for the

SB2615

- 6 -

LRB103 34891 MXP 64758 b

1 purpose of prescribing hearing aids and making selections,

2 recommendations, adaptions, services, or sales of hearing aids

3 including the making of earmolds as a part of the hearing aid.

4 "Sell" or "sale" means any transfer of title or of the

5 right to use by lease, bailment, or any other contract,

6 excluding wholesale transactions with distributors or dealers.

7 "Hearing instrument dispenser" means a person who is a

8 hearing instrument professional that engages in the selling,

9 practice of fitting, selecting, recommending, dispensing,

10 prescribing, or servicing of prescription hearing aids or the

11 testing for means of hearing aid selection or who advertises

12 or displays a sign or represents himself or herself as a person

13 who practices the testing, fitting, selecting, servicing,

14 dispensing, prescribing, or selling of prescription hearing

15 aids.

16 "Fund" means the Hearing Instrument Dispenser Examining

17 and Disciplinary Fund.

18 "Hearing instrument professional" means a person who is a

19 licensed audiologist, a licensed hearing instrument dispenser,

20 or a licensed physician.

21 "Over-the-counter hearing aid" means any instrument or

22 device that:

23 (1) uses the same fundamental scientific technology as

24 air conduction hearing aids, as defined in 21 CFR

25 874.3300, or wireless air conduction hearing aids, as

26 defined in 21 CFR 874.3305;

SB2615

- 7 -

LRB103 34891 MXP 64758 b

1 (2) is intended to be used by adults age 18 and older

2 to compensate for perceived mild to moderate hearing

3 impairment;

4 (3) through tools, tests, or software, allows the user

5 to control the over-the-counter hearing aid and customize

6 it to the user's hearing needs;

7 (4) may use wireless technology or include tests for

8 self-assessment of hearing loss; and

9 (5) is available over-the-counter, without the

10 supervision, prescription, or other order, involvement, or

11 intervention of a licensed person, to consumers through

12 in-person transactions, by mail, or online.

13 "Over-the-counter hearing aid" does not include batteries,

14 cords, and individual or group auditory training devices or

15 any instrument or device used by a public utility in providing

16 telephone or other communication services.

17 "Personal sound amplification product" means an

18 amplification device, as defined by the Food and Drug

19 Administration or the Federal Trade Commission, that is not

20 labeled as a hearing aid and is not intended to treat hearing

21 loss.

22 "Prescribe" means an order for a prescription hearing aid

23 issued by a licensed hearing instrument professional.

24 "Prescription hearing aid" means any wearable instrument

25 or device designed, intended, or offered for the purpose of

26 improving a person's hearing that may only be obtained with

SB2615

- 8 -

LRB103 34891 MXP 64758 b

1 the involvement of a licensed hearing instrument professional.

2 (Source: P.A. 103-495, eff. 1-1-24.)

3 (225 ILCS 50/4) (from Ch. 111, par. 7404)

4 (Text of Section before amendment by P.A. 103-495)

5 (Section scheduled to be repealed on January 1, 2026)

6 Sec. 4. Disclosure; waiver; complaints; insurance. The

7 hearing instrument dispenser shall give at no charge to every

8 person fitted and sold a hearing instrument the "User

9 Instructional Brochure", supplied by the hearing instrument

10 manufacturer containing information required by the U.S. Food

11 and Drug Administration.

12 Whenever a sale or service of one or more hearing

13 instrument involving $50 or more is made or contracted to be

14 made, whether under a single contract or under multiple

15 contracts, at the time of the transaction, the hearing

16 instrument dispenser shall furnish the consumer with a fully

17 completed receipt or contract pertaining to that transaction,

18 in substantially the same language as that used in the oral

19 presentation to the consumer. The receipt or contract provided

20 to the consumer shall contain the dispenser's name, license

21 number, business address, business phone number, and

22 signature; the name, address, and signature of the hearing

23 instrument consumer; and the name and signature of the

24 purchaser if the consumer and the purchaser are not the same;

25 the hearing instrument manufacturer's name, and the model and

SB2615

- 9 -

LRB103 34891 MXP 64758 b

1 serial numbers; the date of purchase; and the charges required

2 to complete the terms of the sale fully and clearly stated.

3 When the hearing instrument is delivered to the consumer or

4 purchaser, the serial number shall be written on the original

5 receipt or contract and a copy shall be given to the consumer

6 or purchaser. If a used hearing instrument is sold, the

7 receipt and the container thereof shall be clearly marked as

8 "used" or "reconditioned", whichever is applicable, with terms

9 of guarantee, if any.

10 All hearing instruments offered for sale must be

11 accompanied by a 30-business day return privilege. The receipt

12 or contract provided to the consumer shall state that the

13 consumer has a right to return the hearing instrument for a

14 refund within 30 business days of the date of delivery. If a

15 nonrefundable dispensing fee or restocking fee, or both, will

16 be withheld from the consumer in event of return, the terms

17 must be clearly stated on the receipt or contract provided to

18 the consumer.

19 A hearing instrument dispenser shall not sell a hearing

20 instrument unless the prospective user has presented to the

21 hearing instrument dispenser a written statement, signed by a

22 licensed physician, which states that the patient's hearing

23 loss has been medically evaluated and the patient is

24 considered a candidate for a hearing instrument. The medical

25 evaluation must have taken place within the 6 months

26 immediately preceding the date of the sale of the hearing

SB2615

- 10 -

LRB103 34891 MXP 64758 b

1 instrument to the prospective hearing instrument user. If the

2 prospective hearing instrument user is 18 years of age or

3 older, the hearing instrument dispenser may afford the

4 prospective user an opportunity to waive the medical

5 evaluation required by this Section, provided that the hearing

6 instrument dispenser:

7 (i) Informs the prospective user that the exercise of

8 a waiver is not in the user's best health interest;

9 (ii) Does not in any way actively encourage the

10 prospective user to waive the medical evaluation; and

11 (iii) Affords the prospective user the option to sign

12 the following statement:

13 "I have been advised by .................(hearing

14 instrument dispenser's name) that the Food and Drug

15 Administration has determined that my best interest

16 would be served if I had a medical evaluation by a

17 licensed physician (preferably a physician who

18 specializes in diseases of the ear) before purchasing

19 a hearing instrument. I do not wish a medical

20 evaluation before purchasing a hearing instrument."

21 The hearing instrument dispenser or his or her employer

22 shall retain proof of the medical examination or the waiver

23 for at least 3 years from the date of the sale.

24 If the parent or guardian of any individual under the age

25 of 18 years is a member of any church or religious

26 denomination, whose tenets and practices include reliance upon

SB2615

- 11 -

LRB103 34891 MXP 64758 b

1 spiritual means through prayer alone and objects to medical

2 treatment and so states in writing to the hearing instrument

3 dispenser, such individual shall undergo a hearing examination

4 as provided by this Section but no proof, ruling out any

5 medically treatable problem causing hearing loss, shall be

6 required.

7 All persons licensed under this Act shall have

8 conspicuously displayed in their business establishment a sign

9 indicating that formal complaints regarding hearing instrument

10 goods or services may be made to the Department. Such sign

11 shall give the address and telephone number of the Department.

12 All persons purchasing hearing instruments shall be provided

13 with a written statement indicating that formal complaints

14 regarding hearing instrument goods or services may be made to

15 the Department and disclosing the address and telephone number

16 of the Department.

17 Any person wishing to make a complaint, against a hearing

18 instrument dispenser under this Act, shall file it with the

19 Department within 3 years from the date of the action upon

20 which the complaint is based. The Department shall investigate

21 all such complaints.

22 All persons licensed under this Act shall maintain

23 liability insurance as set forth by rule and shall be

24 responsible for the annual calibration of all audiometers in

25 use by such persons. Such annual calibrations shall be in

26 conformance with the current standards set by American

SB2615

- 12 -

LRB103 34891 MXP 64758 b

1 National Standard Institute.

2 (Source: P.A. 91-932, eff. 1-1-01.)

3 (Text of Section after amendment by P.A. 103-495)

4 (Section scheduled to be repealed on January 1, 2026)

5 Sec. 4. Disclosure; complaints; insurance. The hearing

6 instrument professional shall give at no charge to every

7 person fitted and sold a hearing aid the "User Instructional

8 Brochure", supplied by the hearing aid manufacturer containing

9 information required by the U.S. Food and Drug Administration.

10 All hearing instruments or hearing aids must be dispensed

11 or sold in accordance with Food and Drug Administration and

12 Federal Trade Commission regulations governing the dispensing

13 and sale of personal sound amplification products or hearing

14 aids.

15 A consumer who purchases an over-the-counter hearing aid

16 must be provided a sales receipt at the time of the

17 transaction.

18 Whenever a sale of one or more prescription hearing aids

19 involving $50 or more is made or contracted to be made, whether

20 under a single contract or under multiple contracts, at the

21 time of the transaction, the hearing instrument professional

22 shall furnish the consumer with a fully completed receipt or

23 contract pertaining to that transaction, in substantially the

24 same language as that used in the oral presentation to the

25 consumer. The receipt or contract provided to the consumer

SB2615

- 13 -

LRB103 34891 MXP 64758 b

1 shall contain (i) the hearing instrument professional's name,

2 license number, business address, business phone number, and

3 signature; (ii) the name, address, and signature of the

4 hearing instrument consumer; (iii) the name and signature of

5 the purchaser if the consumer and the purchaser are not the

6 same person; (iv) the hearing aid manufacturer's name, and the

7 model and serial numbers; (v) the date of purchase; and (vi)

8 the charges required to complete the terms of the sale, which

9 must be fully and clearly stated. When the hearing aid is

10 delivered to the consumer or purchaser, the serial number

11 shall be written on the original receipt or contract and a copy

12 shall be given to the consumer or purchaser. If a used hearing

13 instrument is sold, the receipt and the container thereof

14 shall be clearly marked as "used" or "reconditioned",

15 whichever is applicable, with terms of guarantee, if any.

16 The hearing instrument professional or the professional's

17 employer shall retain proof of the medical examination for at

18 least 3 years from the date of the sale.

19 All hearing instruments offered for sale must be

20 accompanied by a 30-business day return privilege. The receipt

21 or contract provided to the consumer shall state that the

22 consumer has a right to return the hearing instrument for a

23 refund within 30 business days of the date of delivery. If a

24 nonrefundable dispensing fee or restocking fee, or both, will

25 be withheld from the consumer in event of return, the terms

26 must be clearly stated on the receipt or contract provided to

SB2615

- 14 -

LRB103 34891 MXP 64758 b

1 the consumer. For purposes of this paragraph, "business day"

2 means any calendar day except Saturday, Sunday, or a federal

3 holiday.

4 If the parent or guardian of any individual age 17 or under

5 is a member of any church or religious denomination, whose

6 tenets and practices include reliance upon spiritual means

7 through prayer alone and objects to medical treatment and so

8 states in writing to the hearing instrument professional, such

9 individual shall undergo a hearing examination as provided by

10 this Section but no proof, ruling out any medically treatable

11 problem causing hearing loss, shall be required.

12 All persons licensed under this Act shall have

13 conspicuously displayed in their business establishment a sign

14 indicating that formal complaints regarding hearing aid goods

15 or services may be made to the Department. Such sign shall give

16 the address and telephone number of the Department. All

17 persons purchasing hearing aids shall be provided with a

18 written statement indicating that formal complaints regarding

19 hearing aid goods or services may be made to the Department and

20 disclosing the address and telephone number of the Department.

21 Any person wishing to make a complaint~~,~~ against a hearing

22 instrument professional under this Act~~,~~ shall file it with the

23 Department within 3 years from the date of the action upon

24 which the complaint is based. The Department shall investigate

25 all such complaints.

26 All persons licensed under this Act shall maintain

SB2615

- 15 -

LRB103 34891 MXP 64758 b

1 liability insurance as set forth by rule and shall be

2 responsible for the annual calibration of all audiometers in

3 use by such persons. Such annual calibrations shall be in

4 conformance with the current standards set by American

5 National Standard Institute.

6 (Source: P.A. 103-495, eff. 1-1-24.)

7 (225 ILCS 50/4.6)

8 (This Section may contain text from a Public Act with a

9 delayed effective date)

10 (Section scheduled to be repealed on January 1, 2026)

11 Sec. 4.6. Prescription hearing aids for persons age 18 or

12 older.

13 (a) A hearing instrument professional may dispense a

14 hearing aid to a person age 18 or older in accordance with the

15 requirements of this Section.

16 (b) A person age 18 or older must be evaluated by a hearing

17 instrument professional in person or via telehealth before

18 receiving a prescription for a hearing aid. A person age 18 or

19 older may not waive evaluation by a hearing instrument

20 professional unless he or she is replacing a lost or stolen

21 hearing aid that is subject to warranty replacement.

22 (c) A hearing instrument professional shall not sell

23 prescription hearing aid to anyone age 18 or older if the

24 prospective user had a negative finding on the Consumer Ear

25 Disease Risk Assessment or a similar standardized assessment.

SB2615

- 16 -

LRB103 34891 MXP 64758 b

1 The prospective user who had a negative finding on the

2 Consumer Ear Disease Risk Assessment or similar standardized

3 assessment shall present to the hearing instrument

4 professional a written statement, signed by a licensed

5 physician, which states that the patient's hearing loss has

6 been medically evaluated and the patient is considered a

7 candidate for a prescription hearing aid. The medical

8 evaluation must have been performed within the 12 months

9 immediately preceding the date of the sale of the hearing aid

10 to the prospective hearing aid user.

11 (d) A hearing aid prescription for individuals age 18 or

12 older must include, at a minimum, the following information:

13 (1) name of the patient;

14 (2) date the prescription is issued;

15 (3) expiration date of the prescription, which may not

16 exceed one year from the date of issuance;

17 (4) name and license number of the prescribing hearing

18 instrument professional;

19 (5) results of the following assessments:

20 (A) hearing handicap inventory or similar

21 standardized, evidence-based tool;

22 (B) pure-tone air conduction audiometry;

23 (C) bone conduction testing or consumer ear

24 disease risk assessment or a similar standardized

25 evidence-based tool;

26 (D) recorded speech in quiet, as medically

SB2615

- 17 -

LRB103 34891 MXP 64758 b

1 appropriate;

2 (E) recorded speech or digits in noise, as

3 medically ~~medical~~ appropriate;

4 (6) documentation of type and style of hearing aid;

5 and

6 (7) documentation of medical necessity of the

7 recommended features of a hearing aid.

8 (Source: P.A. 103-495, eff. 1-1-24.)

9 (225 ILCS 50/5) (from Ch. 111, par. 7405)

10 (Text of Section before amendment by P.A. 103-495)

11 (Section scheduled to be repealed on January 1, 2026)

12 Sec. 5. License required. No person shall engage in the

13 selling, practice of testing, fitting, selecting,

14 recommending, adapting, dispensing, or servicing hearing

15 instruments or display a sign, advertise, or represent oneself

16 as a person who practices the fitting or selling of hearing

17 instruments unless such person holds a current license issued

18 by the Department as provided in this Act. Such person shall be

19 known as a licensed hearing instrument dispenser. Individuals

20 licensed pursuant to the provisions of Section 8 of this Act

21 shall be deemed qualified to provide tests of human hearing

22 and hearing instrument evaluations for the purpose of

23 dispensing a hearing instrument for which any State agency may

24 contract. The license shall be conspicuously displayed in the

25 place of business. Duplicate licenses shall be issued by the

SB2615

- 18 -

LRB103 34891 MXP 64758 b

1 Department to licensees operating more than one office upon

2 the additional payment set forth in this Act. No hearing

3 instrument manufacturer may distribute, sell, or otherwise

4 provide hearing instruments to any unlicensed hearing care

5 professional for the purpose of selling hearing instruments to

6 the consumer.

7 Except for violations of the provisions of this Act, or

8 the rules promulgated under it, nothing in this Act shall

9 prohibit a corporation, partnership, trust, association, or

10 other entity from engaging in the business of testing,

11 fitting, servicing, selecting, dispensing, selling, or

12 offering for sale hearing instruments at retail without a

13 license, provided it employs only licensed individuals in the

14 direct testing, fitting, servicing, selecting, offering for

15 sale, or dispensing of such products. Each such corporation,

16 partnership, trust, association, or other entity shall file

17 with the Department, prior to doing business in this State and

18 by July 1 of each calendar year thereafter, on forms

19 prescribed by the Department, a list of all licensed hearing

20 instrument dispensers employed by it and a statement attesting

21 that it complies with this Act and the rules promulgated under

22 it and the regulations of the Federal Food and Drug

23 Administration and the Federal Trade Commission insofar as

24 they are applicable.

25 (Source: P.A. 99-204, eff. 7-30-15.)

SB2615

- 19 -

LRB103 34891 MXP 64758 b

1 (Text of Section after amendment by P.A. 103-495)

2 (Section scheduled to be repealed on January 1, 2026)

3 Sec. 5. License required. No person shall engage in the

4 selling, practice of testing, fitting, selecting,

5 recommending, adapting, dispensing, or servicing hearing aids

6 or display a sign, advertise, or represent oneself as a person

7 who practices the fitting or selling of hearing aids unless

8 such person holds a current license issued by the Department

9 as provided in this Act. Such person shall be known as a

10 licensed hearing instrument dispenser. Individuals licensed

11 pursuant to the provisions of Section 8 of this Act shall be

12 deemed qualified to provide tests of human hearing and hearing

13 aid evaluations for the purpose of dispensing a hearing aid

14 for which any State agency may contract. The license shall be

15 conspicuously displayed in the place of business. Duplicate

16 licenses shall be issued by the Department to licensees

17 operating more than one office upon the additional payment set

18 forth in this Act. No hearing aids manufacturer may

19 distribute, sell, or otherwise provide hearing aids to any

20 unlicensed hearing instrument professional for the purpose of

21 selling hearing aids to the consumer.

22 Except for violations of the provisions of this Act, or

23 the rules promulgated under it, nothing in this Act shall

24 prohibit a corporation, partnership, trust, association, or

25 other entity from engaging in the business of testing,

26 fitting, servicing, selecting, dispensing, selling, or

SB2615

- 20 -

LRB103 34891 MXP 64758 b

1 offering for sale hearing aids ~~aid~~ at retail without a

2 license, provided it employs only licensed individuals in the

3 direct testing, fitting, servicing, selecting, offering for

4 sale, or dispensing of such products. Each such corporation,

5 partnership, trust, association, or other entity shall file

6 with the Department, prior to doing business in this State and

7 by July 1 of each calendar year thereafter, on forms

8 prescribed by the Department, a list of all licensed hearing

9 instrument dispensers employed by it and a statement attesting

10 that it complies with this Act and the rules promulgated under

11 it and the regulations of the Federal Food and Drug

12 Administration and the Federal Trade Commission insofar as

13 they are applicable.

14 (Source: P.A. 103-495, eff. 1-1-24.)

15 (225 ILCS 50/6) (from Ch. 111, par. 7406)

16 (Text of Section before amendment by P.A. 103-495)

17 (Section scheduled to be repealed on January 1, 2026)

18 Sec. 6. Mail order and Internet sales. Nothing in this Act

19 shall prohibit a corporation, partnership, trust, association,

20 or other organization, maintaining an established business

21 address, from engaging in the business of selling or offering

22 for sale hearing instruments at retail by mail or by Internet

23 to persons 18 years of age or older who have not been examined

24 by a licensed physician or tested by a licensed hearing

25 instrument dispenser provided that:

SB2615

- 21 -

LRB103 34891 MXP 64758 b

1 (a) The organization is registered by the Department prior

2 to engaging in business in this State and has paid the fee set

3 forth in this Act.

4 (b) The organization files with the Department, prior to

5 registration and annually thereafter, a Disclosure Statement

6 containing the following:

7 (1) the name under which the organization is doing or

8 intends to do business and the name of any affiliated

9 company which the organization recommends or will

10 recommend to persons as a supplier of goods or services or

11 in connection with other business transactions of the

12 organization;

13 (2) the organization's principal business address and

14 the name and address of its agent in this State authorized

15 to receive service of process;

16 (3) the business form of the organization, whether

17 corporate, partnership, or otherwise and the state or

18 other sovereign power under which the organization is

19 organized;

20 (4) the names of the directors or persons performing

21 similar functions and names and addresses of the chief

22 executive officer, and the financial, accounting, sales,

23 and other principal executive officers, if the

24 organization is a corporation, association, or other

25 similar entity; of all general partners, if the

26 organization is a partnership; and of the owner, if the

SB2615

- 22 -

LRB103 34891 MXP 64758 b

1 organization is a sole proprietorship, together with a

2 statement of the business background during the past 5

3 years for each such person;

4 (5) a statement as to whether the organization or any

5 person identified in the disclosure statement:

6 (i) has during the 5 year period immediately

7 preceding the date of the disclosure statement been

8 convicted of a felony, pleaded nolo contendere to a

9 felony charge, or been held liable in a civil action by

10 final judgment, if such felony or civil action

11 involved fraud, embezzlement, or misappropriation of

12 property, and a description thereof; or

13 (ii) is subject to any currently effective

14 injunctive or restrictive order as a result of a

15 proceeding or pending action brought by any government

16 agency or department, and a description thereof; or

17 (iii) is a defendant in any pending criminal or

18 material civil action relating to fraud, embezzlement,

19 misappropriation of property or violations of the

20 antitrust or trade regulation laws of the United

21 States or any state, and a description thereof; or

22 (iv) has during the 5 year period immediately

23 preceding the date of the disclosure statement had

24 entered against such person or organization a final

25 judgment in any material civil proceeding, and a

26 description thereof; or

SB2615

- 23 -

LRB103 34891 MXP 64758 b

1 (v) has during the 5 year period immediately

2 preceding the date of the disclosure statement been

3 adjudicated a bankrupt or reorganized due to

4 insolvency or was a principal executive officer or

5 general partner of any company that has been

6 adjudicated a bankrupt or reorganized due to

7 insolvency during such 5 year period, and a

8 description thereof;

9 (6) the length of time the organization and any

10 predecessor of the organization has conducted a business

11 dealing with hearing instrument goods or services;

12 (7) a financial statement of the organization as of

13 the close of the most recent fiscal year of the

14 organization. If the financial statement is filed later

15 than 120 days following the close of the fiscal year of the

16 organization it must be accompanied by a statement of the

17 organization of any material changes in the financial

18 condition of the organization;

19 (8) a general description of the business, including

20 without limitation a description of the goods, training

21 programs, supervision, advertising, promotion and other

22 services provided by the organization;

23 (9) a statement of any compensation or other benefit

24 given or promised to a public figure arising, in whole or

25 in part, from (i) the use of the public figure in the name

26 or symbol of the organization or (ii) the endorsement or

SB2615

- 24 -

LRB103 34891 MXP 64758 b

1 recommendation of the organization by the public figure in

2 advertisements;

3 (10) a statement setting forth such additional

4 information and such comments and explanations relative to

5 the information contained in the disclosure statement as

6 the organization may desire to present.

7 (b-5) If a device being sold does not meet the definition

8 of a hearing instrument or hearing device as stated in this

9 Act, the organization shall include a disclaimer in all

10 written or electronic promotions. The disclaimer shall include

11 the following language:

12 "This is not a hearing instrument or hearing aid as

13 defined in the Hearing Instrument Consumer Protection Act,

14 but a personal amplifier and not intended to replace a

15 properly fitted and calibrated hearing instrument.".

16 (c) The organization files with the Department prior to

17 registration and annually thereafter a statement that it

18 complies with the Act, the rules issued pursuant to it, and the

19 regulations of the Federal Food and Drug Administration and

20 the Federal Trade Commission insofar as they are applicable.

21 (d) The organization files with the Department at the time

22 of registration an irrevocable consent to service of process

23 authorizing the Department and any of its successors to be

24 served any notice, process, or pleading in any action or

25 proceeding against the organization arising out of or in

26 connection with any violation of this Act. Such service shall

SB2615

- 25 -

LRB103 34891 MXP 64758 b

1 have the effect of conferring personal jurisdiction over such

2 organization in any court of competent jurisdiction.

3 (e) Before dispensing a hearing instrument to a resident

4 of this State, the organization informs the prospective users

5 that they need the following for proper fitting of a hearing

6 instrument:

7 (1) the results of an audiogram performed within the

8 past 6 months by a licensed audiologist or a licensed

9 hearing instrument dispenser; and

10 (2) an earmold impression obtained from the

11 prospective user and taken by a licensed hearing

12 instrument dispenser or licensed audiologist.

13 (f) The prospective user receives a medical evaluation or

14 the organization affords the prospective user an opportunity

15 to waive the medical evaluation requirement of Section 4 of

16 this Act and the testing requirement of subsection (z) of

17 Section 18, provided that the organization:

18 (1) informs the prospective user that the exercise of

19 the waiver is not in the user's best health interest;

20 (2) does not in any way actively encourage the

21 prospective user to waive the medical evaluation or test;

22 and

23 (3) affords the prospective user the option to sign

24 the following statement:

25 "I have been advised by .......... (hearing

26 instrument dispenser's name) that the Food and Drug

SB2615

- 26 -

LRB103 34891 MXP 64758 b

1 Administration and the State of Illinois have

2 determined that my best interest would be served if I

3 had a medical evaluation by a licensed physician,

4 preferably a physician who specialized in diseases of

5 the ear, before purchasing a hearing instrument; or a

6 test by a licensed audiologist or licensed hearing

7 instrument dispenser utilizing established procedures

8 and instrumentation in the fitting of hearing

9 instruments. I do not wish either a medical evaluation

10 or test before purchasing a hearing instrument."

11 (g) Where a sale, lease, or rental of hearing instruments

12 is sold or contracted to be sold to a consumer by mail order,

13 the consumer may void the contract or sale by notifying the

14 seller within 45 business days following that day on which the

15 hearing instruments were mailed by the seller to the consumer

16 and by returning to the seller in its original condition any

17 hearing instrument delivered to the consumer under the

18 contract or sale. At the time the hearing instrument is

19 mailed, the seller shall furnish the consumer with a fully

20 completed receipt or copy of any contract pertaining to the

21 sale that contains a "Notice of Cancellation" informing the

22 consumer that he or she may cancel the sale at any time within

23 45 business days and disclosing the date of the mailing and the

24 name, address, and telephone number of the seller. In

25 immediate proximity to the space reserved in the contract for

26 the signature of the consumer, or on the front page of the

SB2615

- 27 -

LRB103 34891 MXP 64758 b

1 receipt if a contract is not used, and in bold face type of a

2 minimum size of 10 points, there shall be a statement in

3 substantially the following form:

4 "You, the buyer, may cancel this transaction at any

5 time prior to midnight of the 45th business day after the

6 date of this transaction. See the attached notice of

7 cancellation form for an explanation of this right."

8 Attached to the receipt or contract shall be a completed

9 form in duplicate, captioned "NOTICE OF CANCELLATION" which

10 shall be easily detachable and which shall contain in at least

11 10 point bold face type the following information and

12 statements in the same language as that used in the contract:

13 "NOTICE OF CANCELLATION

14 enter date of transaction

15 .........................

16 (DATE)

17 YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR

18 OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.

19 IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE

20 BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE

21 RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU

22 WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY

23 THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE

24 PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST

25 ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

26 IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN

SB2615

- 28 -

LRB103 34891 MXP 64758 b

1 SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS

2 DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.

3 TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED

4 AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER

5 WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller),

6 AT (address of seller's place of business) AND (seller's

7 telephone number) NO LATER THAN MIDNIGHT OF

8 ...........(date).

9 I HEREBY CANCEL THIS TRANSACTION.

10 (Date)............

11 ..................

12 (Buyers Signature)"

13 The written "Notice of Cancellation" may be sent by the

14 consumer to the seller to cancel the contract. The 45-day

15 period does not commence until the consumer is furnished the

16 Notice of Cancellation and the address and phone number at

17 which such notice to the seller can be given.

18 If the conditions of this Section are met, the seller must

19 return to the consumer the amount of any payment made or

20 consideration given under the contract or for the merchandise

21 less a nonrefundable restocking fee.

22 It is an unlawful practice for a seller to: (1) hold a

23 consumer responsible for any liability or obligation under any

24 mail order transaction if the consumer claims not to have

25 received the merchandise unless the merchandise was sent by

26 certified mail or other delivery method by which the seller is

SB2615

- 29 -

LRB103 34891 MXP 64758 b

1 provided with proof of delivery; (2) fail, before furnishing

2 copies of the "Notice of Cancellation" to the consumer, to

3 complete both copies by entering the name of the seller, the

4 address of the seller's place of business, the seller's

5 telephone number, the date of the mailing, and the date, not

6 earlier than the 45th business day following the date of the

7 mailing, by which the consumer may give notice of

8 cancellation; (3) include in any contract or receipt any

9 confession of judgment or any waiver of any of the rights to

10 which the consumer is entitled under this Section including

11 specifically his right to cancel the sale in accordance with

12 the provisions of this Section; (4) misrepresent in any manner

13 the consumer's right to cancel; (5) use any undue influence,

14 coercion, or any other wilful act or representation to

15 interfere with the consumer's exercise of his rights under

16 this Section; (6) fail or refuse to honor any valid notice of

17 cancellation and return of merchandise by a consumer and,

18 within 10 business days after the receipt of such notice and

19 merchandise pertaining to such transaction, to (i) refund

20 payments made under the contract or sale, (ii) return any

21 goods or property traded in, in substantially as good

22 condition as when received by the person, (iii) cancel and

23 return any negotiable instrument executed by the consumer in

24 connection with the contract or sale and take any action

25 necessary or appropriate to terminate promptly any security

26 interest created in the transaction; (7) negotiate, transfer,

SB2615

- 30 -

LRB103 34891 MXP 64758 b

1 sell, or assign any note or other evidence of indebtedness to a

2 finance company or other third party prior to the 50th

3 business day following the day of the mailing; or (8) fail to

4 provide the consumer of a hearing instrument with written

5 information stating the name, address, and telephone number of

6 the Department and informing the consumer that complaints

7 regarding hearing instrument goods or services may be made to

8 the Department.

9 (h) The organization employs only licensed hearing

10 instrument dispensers in the dispensing of hearing instruments

11 and files with the Department, by January 1 of each year, a

12 list of all licensed hearing instrument dispensers employed by

13 it.

14 (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)

15 (Text of Section after amendment by P.A. 103-495)

16 (Section scheduled to be repealed on January 1, 2026)

17 Sec. 6. Mail order and Internet sales. Nothing in this Act

18 shall prohibit a corporation, partnership, trust, association,

19 or other organization, maintaining an established business

20 address, from engaging in the business of selling or offering

21 for sale hearing aids at retail by mail or by Internet to

22 persons 18 years of age or older who have not been examined by

23 a licensed physician or tested by a licensed hearing

24 instrument professional provided that:

25 (a) The organization is registered by the Department prior

SB2615

- 31 -

LRB103 34891 MXP 64758 b

1 to engaging in business in this State and has paid the fee set

2 forth in this Act.

3 (b) The organization files with the Department, prior to

4 registration and annually thereafter, a Disclosure Statement

5 containing the following:

6 (1) the name under which the organization is doing or

7 intends to do business and the name of any affiliated

8 company which the organization recommends or will

9 recommend to persons as a supplier of goods or services or

10 in connection with other business transactions of the

11 organization;

12 (2) the organization's principal business address and

13 the name and address of its agent in this State authorized

14 to receive service of process;

15 (3) the business form of the organization, whether

16 corporate, partnership, or otherwise and the state or

17 other sovereign power under which the organization is

18 organized;

19 (4) the names of the directors or persons performing

20 similar functions and names and addresses of the chief

21 executive officer, and the financial, accounting, sales,

22 and other principal executive officers, if the

23 organization is a corporation, association, or other

24 similar entity; of all general partners, if the

25 organization is a partnership; and of the owner, if the

26 organization is a sole proprietorship, together with a

SB2615

- 32 -

LRB103 34891 MXP 64758 b

1 statement of the business background during the past 5

2 years for each such person;

3 (5) a statement as to whether the organization or any

4 person identified in the disclosure statement:

5 (i) has during the 5-year period immediately

6 preceding the date of the disclosure statement been

7 convicted of a felony, pleaded nolo contendere to a

8 felony charge, or been held liable in a civil action by

9 final judgment, if such felony or civil action

10 involved fraud, embezzlement, or misappropriation of

11 property, and a description thereof; or

12 (ii) is subject to any currently effective

13 injunctive or restrictive order as a result of a

14 proceeding or pending action brought by any government

15 agency or department, and a description thereof; or

16 (iii) is a defendant in any pending criminal or

17 material civil action relating to fraud, embezzlement,

18 misappropriation of property or violations of the

19 antitrust or trade regulation laws of the United

20 States or any state, and a description thereof; or

21 (iv) has during the 5-year period immediately

22 preceding the date of the disclosure statement had

23 entered against such person or organization a final

24 judgment in any material civil proceeding, and a

25 description thereof; or

26 (v) has during the 5-year period immediately

SB2615

- 33 -

LRB103 34891 MXP 64758 b

1 preceding the date of the disclosure statement been

2 adjudicated a bankrupt or reorganized due to

3 insolvency or was a principal executive officer or

4 general partner of any company that has been

5 adjudicated a bankrupt or reorganized due to

6 insolvency during such 5-year period, and a

7 description thereof;

8 (6) the length of time the organization and any

9 predecessor of the organization has conducted a business

10 dealing with hearing aid goods or services;

11 (7) a financial statement of the organization as of

12 the close of the most recent fiscal year of the

13 organization. If the financial statement is filed later

14 than 120 days following the close of the fiscal year of the

15 organization it must be accompanied by a statement of the

16 organization of any material changes in the financial

17 condition of the organization;

18 (8) a general description of the business, including

19 without limitation a description of the goods, training

20 programs, supervision, advertising, promotion and other

21 services provided by the organization;

22 (9) a statement of any compensation or other benefit

23 given or promised to a public figure arising, in whole or

24 in part, from (i) the use of the public figure in the name

25 or symbol of the organization or (ii) the endorsement or

26 recommendation of the organization by the public figure in

SB2615

- 34 -

LRB103 34891 MXP 64758 b

1 advertisements;

2 (10) a statement setting forth such additional

3 information and such comments and explanations relative to

4 the information contained in the disclosure statement as

5 the organization may desire to present.

6 (b-5) If a device being sold does not meet the definition

7 of an over-the-counter hearing aid or a prescription hearing

8 aid, as stated in this Act, the organization shall include a

9 disclaimer in all written or electronic promotions. The

10 disclaimer shall include the following language:

11 "This is not a hearing instrument or hearing aid as

12 defined in the Hearing Instrument Consumer Protection Act,

13 but a personal sound amplification product and not

14 intended to replace a properly fitted and calibrated

15 hearing aid or treat hearing loss.".