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Public Act 098-0827
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SB2811 Enrolled | LRB098 16975 ZMM 52057 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Hearing Instrument Consumer Protection Act |
is amended by changing Sections 1, 3, 6, 6.1, 8, 9.5, 16, and |
17 as follows:
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(225 ILCS 50/1) (from Ch. 111, par. 7401)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 1. Purpose. The purpose of this Act is to protect the |
deaf or hard of hearing
hearing-impaired
public from the |
practice of dispensing incompetent and dishonest dispensers of |
hearing instruments that who
could
endanger the health, safety |
and welfare of the People of this State. The
Federal Food and |
Drug Administration
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.
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(Source: P.A. 89-72, eff. 12-31-95 .)
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(225 ILCS 50/3) (from Ch. 111, par. 7403)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 3. Definitions. As used in this Act, except as the |
context
requires otherwise:
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"Department" means the Department of Public Health.
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"Director" means the Director of the Department of Public |
Health.
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"License" means a license
issued by the State under this
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Act to a hearing instrument dispenser.
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"Licensed Audiologist" means a person
licensed
as an |
audiologist under the Illinois Speech-Language Pathology and |
Audiology
Practice Act.
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"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
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Certification in Hearing Instruments Sciences.
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"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 .
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"Trainee" means a person who is licensed to perform the |
functions of a hearing instrument dispenser in accordance with |
the Department rules and only under the direct supervision of a |
hearing instrument dispenser or audiologist who is licensed in |
the State. |
"Board" means the Hearing Instrument Consumer Protection
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Board.
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"Hearing instrument" or "hearing aid" means any wearable |
instrument or device designed for or offered for the purpose of |
aiding or compensating for impaired human hearing and that can |
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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.
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"Practice of fitting, dispensing, or servicing of hearing
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instruments" means
the measurement of human hearing with an
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audiometer, calibrated to
the current American National |
Standard Institute standards, for the
purpose of making |
selections, recommendations, adaptions, services, or sales of
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hearing instruments including the making of earmolds as a part |
of the hearing
instrument.
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"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.
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"Hearing instrument dispenser" means a person who
is a |
hearing care professional that engages
in the selling,
practice |
of fitting, selecting, recommending, dispensing, or servicing
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of hearing instruments or the testing for means of hearing
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instrument selection or who
advertises or displays a sign or |
represents himself or herself as a person
who
practices the |
testing, fitting, selecting, servicing, dispensing,
or selling |
of hearing instruments.
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"Fund" means the Hearing Instrument Dispenser Examining
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and Disciplinary Fund.
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"Hearing Care Professional" means a person who is a |
licensed
audiologist, a licensed hearing instrument dispenser, |
or a licensed
physician.
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(Source: P.A. 98-362, eff. 8-16-13.)
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(225 ILCS 50/6) (from Ch. 111, par. 7406)
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(Section scheduled to be repealed on January 1, 2016)
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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
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address, from engaging in the business of selling or offering |
for sale hearing
instruments at retail by mail or by Internet |
to persons 18 years of age or older
who have not
been examined
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by a licensed physician or tested by a licensed hearing |
instrument
dispenser provided that:
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(a) The organization is registered by the Department prior
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to engaging
in business in this State and has paid the fee set |
forth in
this
Act.
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(b) The organization files with the Department, prior to
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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 |
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in
connection with other business transactions of the |
organization;
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(2) the organization's principal business address and |
the name and address
of its agent in this State authorized |
to receive service of process;
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(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;
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(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
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organization is a sole proprietorship, together with a |
statement of the
business background during the past 5 |
years for each such person;
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(5) a statement as to whether the organization or any |
person identified
in the disclosure statement:
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(i) has during the 5 year period immediately |
preceding the date of the
disclosure statement been |
convicted of a felony, pleaded nolo contendere
to a |
felony charge, or been held liable in a civil action by |
final judgment,
if such felony or civil action involved |
fraud, embezzlement, or
misappropriation of property, |
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and a description thereof; or
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(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
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(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
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(iv) has during the 5 year period immediately |
preceding the date of the
disclosure statement had |
entered against such person or organization a final
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judgment in any material civil proceeding, and a |
description thereof; or
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(v) has during the 5 year period immediately |
preceding the date of the
disclosure statement been |
adjudicated a bankrupt or reorganized due to
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insolvency or was a principal executive officer or |
general partner of any
company that has been |
adjudicated a bankrupt or reorganized due to
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insolvency during such 5 year period, and a description |
thereof;
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(6) the length of time the organization and any |
predecessor of the
organization has conducted a business |
dealing with hearing instrument goods or services;
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(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;
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(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;
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(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;
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(10) a statement setting forth such additional |
information and such
comments
and explanations relative to |
the information contained in the disclosure
statement as |
the organization may desire to present. |
(b-5) If a device being sold does not meet the definition |
of a hearing instrument or hearing device as stated in this |
Act, the organization shall include a disclaimer in all written |
or electronic promotions. The disclaimer shall include the |
following language: |
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"This is not a hearing instrument or hearing aid as |
defined in the Hearing Instrument Consumer Protection Act, |
but a personal amplifier and not intended to replace a |
properly fitted and calibrated hearing instrument.".
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(c) The organization files with the Department prior to
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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.
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(d) The organization files with the Department at the time
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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
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have the effect of conferring personal jurisdiction over such |
organization
in any court of competent jurisdiction.
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(e) Before dispensing a hearing instrument to a resident
of |
this State, the organization informs the prospective users that |
they
need the following for proper fitting of a hearing |
instrument:
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(1) the results of an audiogram performed within the |
past 6 months by a
licensed audiologist or a licensed |
hearing instrument dispenser; and
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(2) an earmold impression obtained from the |
prospective user and taken by
a licensed hearing instrument |
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dispenser or licensed audiologist .
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(f) The prospective user receives a medical evaluation or
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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:
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(1) informs the prospective user that the exercise of |
the waiver is not
in the user's best health interest;
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(2) does not in any way actively encourage the |
prospective user to waive
the medical evaluation or test; |
and
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(3) affords the prospective user the option to sign
the |
following
statement:
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"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
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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
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or test before
purchasing a hearing instrument."
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(g) Where a sale, lease, or rental of hearing instruments |
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is sold or contracted
to be sold to a consumer by mail order, |
the consumer may
void the contract or sale by notifying the |
seller within
45 business days following that day on which the |
hearing
instruments were mailed by the seller to the consumer |
and by
returning to the seller in its original condition any |
hearing
instrument
delivered to the consumer under the contract |
or sale.
At the time the hearing instrument is
mailed, the |
seller shall furnish the consumer
with a fully completed |
receipt or copy of any contract pertaining to the
sale that |
contains a "Notice of Cancellation" informing the
consumer that |
he or she
may cancel the sale at any time within 45 business |
days and
disclosing the
date of the mailing and the name,
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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:
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"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."
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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 |
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statements in the same language as that used in the contract:
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"NOTICE OF CANCELLATION
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enter date of transaction
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.........................
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(DATE)
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YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR |
OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
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IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY |
YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE |
RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU |
WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY |
THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
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PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST |
ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
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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.
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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
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telephone number) NO LATER THAN MIDNIGHT OF |
...........(date).
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I HEREBY CANCEL THIS TRANSACTION.
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(Date)............
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..................
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(Buyers Signature)"
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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.
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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.
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It is an unlawful practice
for a seller to: (1) hold a |
consumer responsible for any liability or
obligation under any |
mail order transaction if the consumer claims not to have
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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
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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
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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 |
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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
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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
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substantially as good condition as when received by the person, |
(iii)
cancel and return any negotiable instrument executed by |
the consumer in
connection with the contract or sale and take |
any action necessary or
appropriate to terminate promptly any |
security interest created in the
transaction; (7) negotiate, |
transfer, sell, or assign any note or
other
evidence of |
indebtedness to a finance company or other third party prior to |
the 50th business day following the day of the
mailing;
or (8) |
fail to provide the consumer of a hearing instrument with |
written
information stating the name, address, and telephone |
number of the Department
and informing the consumer that |
complaints regarding hearing instrument goods
or services may |
be made to the Department.
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(h) The organization employs only licensed
hearing
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instrument dispensers in the
dispensing of hearing instruments |
and files with the Department,
by
January 1 of
each year, a |
list of all licensed hearing instrument dispensers
employed by |
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it.
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(Source: P.A. 98-362, eff. 8-16-13.)
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(225 ILCS 50/6.1) |
(Section scheduled to be repealed on January 1, 2016) |
Sec. 6.1. Reciprocity. The Department shall issue a license |
to any hearing instrument dispenser who (i) has been certified |
by the National Board for Certification in Hearing Instrument |
Sciences and has been actively practicing for a minimum of 5 |
years or (ii) has a valid license as a hearing instrument |
dispenser, or its equivalent, from another state that has an |
examination that is comparable to the examination required |
under this Act or is provided by the International Hearing |
Society, (iii) (ii) has completed the specific academic and |
training requirements, or their equivalent, under this Act, |
(iv) (iii) has been actively practicing as a hearing instrument |
dispenser for at least 3 months or is certified by the National |
Board for Certification in Hearing Instrument Sciences, and (v) |
(iv) has paid the required fee.
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(Source: P.A. 96-683, eff. 1-1-10.)
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(225 ILCS 50/8) (from Ch. 111, par. 7408)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 8. Applicant qualifications; examination.
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(a) In order to protect persons who are deaf or hard of |
hearing with hearing impairments , the Department
shall |
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authorize or shall conduct an appropriate examination for |
persons
who dispense, test, select, recommend, fit, or service |
hearing
instruments. The frequency of holding these |
examinations shall
be determined by the Department by rule. |
Those
who successfully pass such an examination shall be issued |
a license
as a hearing instrument dispenser, which shall be |
effective for
a 2-year period.
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(b) Applicants shall be:
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(1) at least 18 years of age;
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(2) of good moral character;
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(3) the holder of an associate's degree a high school |
graduate or the equivalent;
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(4) free of contagious or infectious disease; and
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(5) a citizen or person who has the status as a legal |
alien.
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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.
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(c) Prior to engaging in the practice of fitting, |
dispensing, or servicing
hearing instruments, an applicant
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shall demonstrate, by means of written
and practical |
examinations, that such person is qualified to
practice the |
testing, selecting, recommending, fitting, selling, or
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servicing of hearing instruments as defined in this
Act. An |
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applicant must who fails to obtain a license within 12
months |
after passing either both the written or and practical |
examination, whichever is passed first, or examinations must |
take and
pass those examinations again in order to be eligible |
to receive a license.
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The Department shall, by rule, determine the conditions |
under which an
individual is examined.
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(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.
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(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 12 semester hours |
or 18 quarter hours of academic undergraduate
course work in an |
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accredited institution consisting of 3 semester hours of
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anatomy and physiology of the speech and hearing mechanism, 3 |
semester hours of
hearing science, 3 semester hours of |
introduction to audiology, and 3 semester
hours of aural |
rehabilitation, or the quarter hour equivalent. Persons
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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.
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(Source: P.A. 96-683, eff. 1-1-10.)
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(225 ILCS 50/9.5) |
(Section scheduled to be repealed on January 1, 2016) |
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 6 |
months from the date of issue and is non-renewable. |
(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 |
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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.
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(d) The Department may establish a trainee licensing fee by |
rule. |
(Source: P.A. 96-846, eff. 6-1-10 .)
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(225 ILCS 50/16) (from Ch. 111, par. 7416)
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(Section scheduled to be repealed on January 1, 2016)
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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.
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The Board shall consist of 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 hearing impaired ; one shall be from the general |
public, preferably a
senior citizen; 2 shall be licensed |
hearing instrument
dispensers who are
National Board Certified
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Hearing
Instrument
Specialists; and one shall be a licensed
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audiologist. If a
vote of the Board results in a tie, the |
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Director shall cast the deciding
vote.
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Members of the Board shall be appointed by the Director |
after consultation
with appropriate professional organizations |
and consumer groups.
The term of office of each shall be 4 |
years. Before a member's term expires,
the Director shall |
appoint a successor to assume member's duties at the
expiration |
of his or her predecessor's term. A vacancy shall be filled by
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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.
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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.
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(Source: P.A. 91-932, eff. 1-1-01; 91-949, eff. 2-9-01 .)
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(225 ILCS 50/17) (from Ch. 111, par. 7417)
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(Section scheduled to be repealed on January 1, 2016)
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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.
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The Board shall respond to issues and problems relating to |
the improvement
of services to the deaf or hard of hearing |
hearing-impaired 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 |
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meet at any time at the call of the chair.
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The Board shall recommend specialized education programs |
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
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manufacturers.
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The Board shall hear charges brought by any person against |
hearing instrument
dispensers and
shall recommend disciplinary |
action to the Director.
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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.
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(Source: P.A. 93-525, eff. 8-12-03 .)
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