Bill Text: IL SB2811 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Hearing Instrument Consumer Protection Act. Replaces the term "hearing-impaired" with "deaf or hard of hearing" throughout the Act. Provides that a business organization, before dispensing a hearing instrument, shall inform the prospective user of the hearing instrument that an earmold impression taken by a licensed hearing instrument dispenser or licensed audiologist (rather than an earmold impression taken only by a licensed hearing instrument dispenser) is needed for proper fitting. Adds certification by the National Board for Certification in Hearing Instrument Sciences and has been actively practicing for a minimum of 5 years to the list of criteria for license reciprocity. Makes changes to the application qualifications under the Act; provides that an applicant shall hold an associate's degree or its equivalent from an accredited institution of higher education that is recognized by the U.S. Department of Education or meets the U.S. Department of Education equivalency as determined through a National Association of Credential Evaluation Services member, and that the applicant is required to obtain a license within 12 months after passing either the written or practical examination, whichever is passed first (rather than both). Provides that a trainee license expires 12 months from the date of issue (rather than 6 months from the date of issue).
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0827 [SB2811 Detail]
Download: Illinois-2013-SB2811-Enrolled.html
Bill Title: Amends the Hearing Instrument Consumer Protection Act. Replaces the term "hearing-impaired" with "deaf or hard of hearing" throughout the Act. Provides that a business organization, before dispensing a hearing instrument, shall inform the prospective user of the hearing instrument that an earmold impression taken by a licensed hearing instrument dispenser or licensed audiologist (rather than an earmold impression taken only by a licensed hearing instrument dispenser) is needed for proper fitting. Adds certification by the National Board for Certification in Hearing Instrument Sciences and has been actively practicing for a minimum of 5 years to the list of criteria for license reciprocity. Makes changes to the application qualifications under the Act; provides that an applicant shall hold an associate's degree or its equivalent from an accredited institution of higher education that is recognized by the U.S. Department of Education or meets the U.S. Department of Education equivalency as determined through a National Association of Credential Evaluation Services member, and that the applicant is required to obtain a license within 12 months after passing either the written or practical examination, whichever is passed first (rather than both). Provides that a trainee license expires 12 months from the date of issue (rather than 6 months from the date of issue).
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0827 [SB2811 Detail]
Download: Illinois-2013-SB2811-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Hearing Instrument Consumer Protection Act | ||||||
5 | is amended by changing Sections 1, 3, 6, 6.1, 8, 9.5, 16, and | ||||||
6 | 17 as follows:
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7 | (225 ILCS 50/1) (from Ch. 111, par. 7401)
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8 | (Section scheduled to be repealed on January 1, 2016)
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9 | Sec. 1. Purpose. The purpose of this Act is to protect the | ||||||
10 | deaf or hard of hearing
hearing-impaired
public from the | ||||||
11 | practice of dispensing incompetent and dishonest dispensers of | ||||||
12 | hearing instruments that who
could
endanger the health, safety | ||||||
13 | and welfare of the People of this State. The
Federal Food and | ||||||
14 | Drug Administration
has recommended that State legislation is | ||||||
15 | necessary in order to establish
standards of competency and to | ||||||
16 | impose stringent penalties for those who
violate the public | ||||||
17 | trust in this field of health care.
| ||||||
18 | (Source: P.A. 89-72, eff. 12-31-95 .)
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19 | (225 ILCS 50/3) (from Ch. 111, par. 7403)
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20 | (Section scheduled to be repealed on January 1, 2016)
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21 | Sec. 3. Definitions. As used in this Act, except as the | ||||||
22 | context
requires otherwise:
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1 | "Department" means the Department of Public Health.
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2 | "Director" means the Director of the Department of Public | ||||||
3 | Health.
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4 | "License" means a license
issued by the State under this
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5 | Act to a hearing instrument dispenser.
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6 | "Licensed Audiologist" means a person
licensed
as an | ||||||
7 | audiologist under the Illinois Speech-Language Pathology and | ||||||
8 | Audiology
Practice Act.
| ||||||
9 | "National Board Certified Hearing Instrument
Specialist" | ||||||
10 | means a person
who has had at least 2 years in practice as a | ||||||
11 | licensed hearing
instrument dispenser and has
been certified | ||||||
12 | after qualification by examination by the National Board for
| ||||||
13 | Certification in Hearing Instruments Sciences.
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14 | "Licensed physician" or "physician" means a physician | ||||||
15 | licensed
in Illinois to
practice medicine in all of its | ||||||
16 | branches pursuant to the Medical Practice Act of 1987 .
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17 | "Trainee" means a person who is licensed to perform the | ||||||
18 | functions of a hearing instrument dispenser in accordance with | ||||||
19 | the Department rules and only under the direct supervision of a | ||||||
20 | hearing instrument dispenser or audiologist who is licensed in | ||||||
21 | the State. | ||||||
22 | "Board" means the Hearing Instrument Consumer Protection
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23 | Board.
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24 | "Hearing instrument" or "hearing aid" means any wearable | ||||||
25 | instrument or device designed for or offered for the purpose of | ||||||
26 | aiding or compensating for impaired human hearing and that can |
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1 | provide more than 15 dB full on gain via a 2cc coupler at any | ||||||
2 | single frequency from 200 through 6000 cycles per second, and | ||||||
3 | any parts, attachments, or accessories, including ear molds. | ||||||
4 | "Hearing instrument" or "hearing aid" do not include batteries, | ||||||
5 | cords, or group auditory training devices and any
instrument or | ||||||
6 | device used by a public utility in providing telephone or
other | ||||||
7 | communication services are excluded.
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8 | "Practice of fitting, dispensing, or servicing of hearing
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9 | instruments" means
the measurement of human hearing with an
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10 | audiometer, calibrated to
the current American National | ||||||
11 | Standard Institute standards, for the
purpose of making | ||||||
12 | selections, recommendations, adaptions, services, or sales of
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13 | hearing instruments including the making of earmolds as a part | ||||||
14 | of the hearing
instrument.
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15 | "Sell" or "sale" means any transfer of title or of the | ||||||
16 | right to use
by lease, bailment, or any other contract, | ||||||
17 | excluding wholesale transactions
with distributors or dealers.
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18 | "Hearing instrument dispenser" means a person who
is a | ||||||
19 | hearing care professional that engages
in the selling,
practice | ||||||
20 | of fitting, selecting, recommending, dispensing, or servicing
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21 | of hearing instruments or the testing for means of hearing
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22 | instrument selection or who
advertises or displays a sign or | ||||||
23 | represents himself or herself as a person
who
practices the | ||||||
24 | testing, fitting, selecting, servicing, dispensing,
or selling | ||||||
25 | of hearing instruments.
| ||||||
26 | "Fund" means the Hearing Instrument Dispenser Examining
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1 | and Disciplinary Fund.
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2 | "Hearing Care Professional" means a person who is a | ||||||
3 | licensed
audiologist, a licensed hearing instrument dispenser, | ||||||
4 | or a licensed
physician.
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5 | (Source: P.A. 98-362, eff. 8-16-13.)
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6 | (225 ILCS 50/6) (from Ch. 111, par. 7406)
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7 | (Section scheduled to be repealed on January 1, 2016)
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8 | Sec. 6. Mail order and Internet sales. Nothing in this Act | ||||||
9 | shall prohibit
a corporation, partnership,
trust, association, | ||||||
10 | or other organization, maintaining an established
business
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11 | address, from engaging in the business of selling or offering | ||||||
12 | for sale hearing
instruments at retail by mail or by Internet | ||||||
13 | to persons 18 years of age or older
who have not
been examined
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14 | by a licensed physician or tested by a licensed hearing | ||||||
15 | instrument
dispenser provided that:
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16 | (a) The organization is registered by the Department prior
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17 | to engaging
in business in this State and has paid the fee set | ||||||
18 | forth in
this
Act.
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19 | (b) The organization files with the Department, prior to
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20 | registration
and annually thereafter, a Disclosure Statement | ||||||
21 | containing the following:
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22 | (1) the name under which the organization is doing or | ||||||
23 | intends to do
business
and the name of any affiliated | ||||||
24 | company which the organization recommends
or will | ||||||
25 | recommend to persons as a supplier of goods or services or |
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1 | in
connection with other business transactions of the | ||||||
2 | organization;
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3 | (2) the organization's principal business address and | ||||||
4 | the name and address
of its agent in this State authorized | ||||||
5 | to receive service of process;
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6 | (3) the business form of the organization, whether | ||||||
7 | corporate, partnership,
or otherwise and the state or other | ||||||
8 | sovereign power under which the
organization is organized;
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9 | (4) the names of the directors or persons performing | ||||||
10 | similar functions
and names and addresses of the chief | ||||||
11 | executive officer, and the financial,
accounting, sales, | ||||||
12 | and other principal executive officers, if the | ||||||
13 | organization
is a corporation, association, or other | ||||||
14 | similar entity; of all general
partners, if the | ||||||
15 | organization is a partnership; and of the owner, if the
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16 | organization is a sole proprietorship, together with a | ||||||
17 | statement of the
business background during the past 5 | ||||||
18 | years for each such person;
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19 | (5) a statement as to whether the organization or any | ||||||
20 | person identified
in the disclosure statement:
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21 | (i) has during the 5 year period immediately | ||||||
22 | preceding the date of the
disclosure statement been | ||||||
23 | convicted of a felony, pleaded nolo contendere
to a | ||||||
24 | felony charge, or been held liable in a civil action by | ||||||
25 | final judgment,
if such felony or civil action involved | ||||||
26 | fraud, embezzlement, or
misappropriation of property, |
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1 | and a description thereof; or
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2 | (ii) is subject to any currently effective | ||||||
3 | injunctive or restrictive
order
as a result of a | ||||||
4 | proceeding or pending action brought by any government | ||||||
5 | agency
or department, and a description thereof; or
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6 | (iii) is a defendant in any pending criminal or | ||||||
7 | material civil action
relating to fraud, embezzlement, | ||||||
8 | misappropriation of property or violations
of the | ||||||
9 | antitrust or trade regulation laws of the United States | ||||||
10 | or any state,
and a description thereof; or
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11 | (iv) has during the 5 year period immediately | ||||||
12 | preceding the date of the
disclosure statement had | ||||||
13 | entered against such person or organization a final
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14 | judgment in any material civil proceeding, and a | ||||||
15 | description thereof; or
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16 | (v) has during the 5 year period immediately | ||||||
17 | preceding the date of the
disclosure statement been | ||||||
18 | adjudicated a bankrupt or reorganized due to
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19 | insolvency or was a principal executive officer or | ||||||
20 | general partner of any
company that has been | ||||||
21 | adjudicated a bankrupt or reorganized due to
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22 | insolvency during such 5 year period, and a description | ||||||
23 | thereof;
| ||||||
24 | (6) the length of time the organization and any | ||||||
25 | predecessor of the
organization has conducted a business | ||||||
26 | dealing with hearing instrument goods or services;
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1 | (7) a financial statement of the organization
as
of the | ||||||
2 | close of the most recent fiscal year
of the organization. | ||||||
3 | If the financial statement is filed later than 120
days | ||||||
4 | following the close of the fiscal year of the organization | ||||||
5 | it must
be accompanied by a statement of the organization | ||||||
6 | of any material changes
in the financial condition of the | ||||||
7 | organization;
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8 | (8) a general description of the business, including | ||||||
9 | without limitation
a description of the goods, training | ||||||
10 | programs, supervision, advertising,
promotion and other | ||||||
11 | services provided by the organization;
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12 | (9) a statement of any compensation or other benefit | ||||||
13 | given or promised
to a public figure arising, in whole or | ||||||
14 | in part, from (i) the use of the
public figure in the name | ||||||
15 | or symbol of the organization or (ii) the endorsement
or | ||||||
16 | recommendation of the organization by the public figure in | ||||||
17 | advertisements;
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18 | (10) a statement setting forth such additional | ||||||
19 | information and such
comments
and explanations relative to | ||||||
20 | the information contained in the disclosure
statement as | ||||||
21 | the organization may desire to present. | ||||||
22 | (b-5) If a device being sold does not meet the definition | ||||||
23 | of a hearing instrument or hearing device as stated in this | ||||||
24 | Act, the organization shall include a disclaimer in all written | ||||||
25 | or electronic promotions. The disclaimer shall include the | ||||||
26 | following language: |
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1 | "This is not a hearing instrument or hearing aid as | ||||||
2 | defined in the Hearing Instrument Consumer Protection Act, | ||||||
3 | but a personal amplifier and not intended to replace a | ||||||
4 | properly fitted and calibrated hearing instrument.".
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5 | (c) The organization files with the Department prior to
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6 | registration
and annually thereafter a statement that it | ||||||
7 | complies with
the Act, the rules
issued pursuant to it, and the | ||||||
8 | regulations of the Federal Food and Drug
Administration and the | ||||||
9 | Federal Trade Commission insofar as they are applicable.
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10 | (d) The organization files with the Department at the time
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11 | of
registration an irrevocable consent to service of process | ||||||
12 | authorizing the
Department and any of its successors to be | ||||||
13 | served any notice, process, or
pleading in any action or | ||||||
14 | proceeding against the organization
arising out
of or in | ||||||
15 | connection with any violation of this Act. Such service shall
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16 | have the effect of conferring personal jurisdiction over such | ||||||
17 | organization
in any court of competent jurisdiction.
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18 | (e) Before dispensing a hearing instrument to a resident
of | ||||||
19 | this State, the organization informs the prospective users that | ||||||
20 | they
need the following for proper fitting of a hearing | ||||||
21 | instrument:
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22 | (1) the results of an audiogram performed within the | ||||||
23 | past 6 months by a
licensed audiologist or a licensed | ||||||
24 | hearing instrument dispenser; and
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25 | (2) an earmold impression obtained from the | ||||||
26 | prospective user and taken by
a licensed hearing instrument |
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1 | dispenser or licensed audiologist .
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2 | (f) The prospective user receives a medical evaluation or
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3 | the organization affords the prospective user an opportunity
to | ||||||
4 | waive the medical
evaluation requirement of Section 4 of this | ||||||
5 | Act and the testing requirement of
subsection (z) of Section | ||||||
6 | 18, provided that
the
organization:
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7 | (1) informs the prospective user that the exercise of | ||||||
8 | the waiver is not
in the user's best health interest;
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9 | (2) does not in any way actively encourage the | ||||||
10 | prospective user to waive
the medical evaluation or test; | ||||||
11 | and
| ||||||
12 | (3) affords the prospective user the option to sign
the | ||||||
13 | following
statement:
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14 | "I have been advised by .......... (hearing | ||||||
15 | instrument
dispenser's name) that
the Food and Drug | ||||||
16 | Administration and the State of Illinois have | ||||||
17 | determined
that my best interest would be served if I | ||||||
18 | had a medical
evaluation by a licensed physician, | ||||||
19 | preferably a physician who
specialized in diseases of
| ||||||
20 | the ear, before purchasing a hearing instrument; or a | ||||||
21 | test by a licensed audiologist or licensed
hearing | ||||||
22 | instrument
dispenser utilizing established procedures | ||||||
23 | and instrumentation in the fitting
of hearing | ||||||
24 | instruments. I do not wish either a medical evaluation
| ||||||
25 | or test before
purchasing a hearing instrument."
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26 | (g) Where a sale, lease, or rental of hearing instruments |
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1 | is sold or contracted
to be sold to a consumer by mail order, | ||||||
2 | the consumer may
void the contract or sale by notifying the | ||||||
3 | seller within
45 business days following that day on which the | ||||||
4 | hearing
instruments were mailed by the seller to the consumer | ||||||
5 | and by
returning to the seller in its original condition any | ||||||
6 | hearing
instrument
delivered to the consumer under the contract | ||||||
7 | or sale.
At the time the hearing instrument is
mailed, the | ||||||
8 | seller shall furnish the consumer
with a fully completed | ||||||
9 | receipt or copy of any contract pertaining to the
sale that | ||||||
10 | contains a "Notice of Cancellation" informing the
consumer that | ||||||
11 | he or she
may cancel the sale at any time within 45 business | ||||||
12 | days and
disclosing the
date of the mailing and the name,
| ||||||
13 | address, and telephone number
of the seller. In immediate | ||||||
14 | proximity to the space reserved in the
contract
for the | ||||||
15 | signature of the consumer, or on the front page of the receipt | ||||||
16 | if
a contract is not used, and in bold face type of a minimum | ||||||
17 | size of 10
points, there shall be
a statement in substantially | ||||||
18 | the following form:
| ||||||
19 | "You, the buyer, may cancel this transaction at any | ||||||
20 | time prior to
midnight
of the 45th business day after the | ||||||
21 | date of this transaction. See
the attached
notice of | ||||||
22 | cancellation form for an explanation of this right."
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23 | Attached to the receipt or contract shall be a completed | ||||||
24 | form in
duplicate,
captioned "NOTICE OF CANCELLATION" which | ||||||
25 | shall be easily detachable and
which shall contain in at least | ||||||
26 | 10 point bold face type the following
information
and |
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1 | statements in the same language as that used in the contract:
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2 | "NOTICE OF CANCELLATION
| ||||||
3 | enter date of transaction
| ||||||
4 | .........................
| ||||||
5 | (DATE)
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6 | YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR | ||||||
7 | OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
| ||||||
8 | IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY | ||||||
9 | YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE | ||||||
10 | RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU | ||||||
11 | WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY | ||||||
12 | THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
| ||||||
13 | PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST | ||||||
14 | ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
| ||||||
15 | IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN | ||||||
16 | SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS | ||||||
17 | DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
| ||||||
18 | TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED | ||||||
19 | AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER | ||||||
20 | WRITTEN NOTICE, OR SEND A TELEGRAM,
TO (name of seller), AT | ||||||
21 | (address of seller's place of business) AND (seller's
| ||||||
22 | telephone number) NO LATER THAN MIDNIGHT OF | ||||||
23 | ...........(date).
| ||||||
24 | I HEREBY CANCEL THIS TRANSACTION.
| ||||||
25 | (Date)............
| ||||||
26 | ..................
|
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1 | (Buyers Signature)"
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2 | The written "Notice of Cancellation" may be sent by the | ||||||
3 | consumer
to the
seller to cancel the contract. The 45-day | ||||||
4 | period
does not commence until the consumer is furnished the | ||||||
5 | Notice
of Cancellation
and
the address and phone number at | ||||||
6 | which such notice to the seller can be given.
| ||||||
7 | If the conditions of this Section are met, the seller must | ||||||
8 | return to the
consumer the amount of any payment
made or | ||||||
9 | consideration given under
the contract or for the merchandise | ||||||
10 | less a nonrefundable
restocking fee.
| ||||||
11 | It is an unlawful practice
for a seller to: (1) hold a | ||||||
12 | consumer responsible for any liability or
obligation under any | ||||||
13 | mail order transaction if the consumer claims not to have
| ||||||
14 | received the merchandise unless the merchandise was sent by | ||||||
15 | certified mail or
other delivery method by which the seller is | ||||||
16 | provided with proof of delivery; (2) fail,
before
furnishing | ||||||
17 | copies of the "Notice of Cancellation" to the
consumer, to | ||||||
18 | complete both copies by entering the name of the seller, the
| ||||||
19 | address of the seller's place of business, the seller's | ||||||
20 | telephone number,
the date of the mailing, and the date, not | ||||||
21 | earlier
than the 45th
business
day following the date of the | ||||||
22 | mailing, by which the
consumer may give notice
of cancellation; | ||||||
23 | (3) include in any contract or receipt any
confession of
| ||||||
24 | judgment or any waiver of any of the rights to which the | ||||||
25 | consumer is entitled
under this Section including specifically | ||||||
26 | his right to cancel the
sale in accordance with the provisions |
| |||||||
| |||||||
1 | of this Section; (4)
misrepresent
in any manner the consumer's | ||||||
2 | right to cancel; (5) use any undue
influence,
coercion, or any | ||||||
3 | other wilful act or representation to interfere with the
| ||||||
4 | consumer's exercise of his rights under this Section; (6) fail | ||||||
5 | or
refuse
to honor any valid notice of
cancellation and return | ||||||
6 | of
merchandise
by a consumer and, within 10
business
days after | ||||||
7 | the receipt of such
notice and merchandise
pertaining to such | ||||||
8 | transaction,
to (i) refund payments made
under
the contract or | ||||||
9 | sale, (ii) return any goods or property traded in, in
| ||||||
10 | substantially as good condition as when received by the person, | ||||||
11 | (iii)
cancel and return any negotiable instrument executed by | ||||||
12 | the consumer in
connection with the contract or sale and take | ||||||
13 | any action necessary or
appropriate to terminate promptly any | ||||||
14 | security interest created in the
transaction; (7) negotiate, | ||||||
15 | transfer, sell, or assign any note or
other
evidence of | ||||||
16 | indebtedness to a finance company or other third party prior to | ||||||
17 | the 50th business day following the day of the
mailing;
or (8) | ||||||
18 | fail to provide the consumer of a hearing instrument with | ||||||
19 | written
information stating the name, address, and telephone | ||||||
20 | number of the Department
and informing the consumer that | ||||||
21 | complaints regarding hearing instrument goods
or services may | ||||||
22 | be made to the Department.
| ||||||
23 | (h) The organization employs only licensed
hearing
| ||||||
24 | instrument dispensers in the
dispensing of hearing instruments | ||||||
25 | and files with the Department,
by
January 1 of
each year, a | ||||||
26 | list of all licensed hearing instrument dispensers
employed by |
| |||||||
| |||||||
1 | it.
| ||||||
2 | (Source: P.A. 98-362, eff. 8-16-13.)
| ||||||
3 | (225 ILCS 50/6.1) | ||||||
4 | (Section scheduled to be repealed on January 1, 2016) | ||||||
5 | Sec. 6.1. Reciprocity. The Department shall issue a license | ||||||
6 | to any hearing instrument dispenser who (i) has been certified | ||||||
7 | by the National Board for Certification in Hearing Instrument | ||||||
8 | Sciences and has been actively practicing for a minimum of 5 | ||||||
9 | years or (ii) has a valid license as a hearing instrument | ||||||
10 | dispenser, or its equivalent, from another state that has an | ||||||
11 | examination that is comparable to the examination required | ||||||
12 | under this Act or is provided by the International Hearing | ||||||
13 | Society, (iii) (ii) has completed the specific academic and | ||||||
14 | training requirements, or their equivalent, under this Act, | ||||||
15 | (iv) (iii) has been actively practicing as a hearing instrument | ||||||
16 | dispenser for at least 3 months or is certified by the National | ||||||
17 | Board for Certification in Hearing Instrument Sciences, and (v) | ||||||
18 | (iv) has paid the required fee.
| ||||||
19 | (Source: P.A. 96-683, eff. 1-1-10.)
| ||||||
20 | (225 ILCS 50/8) (from Ch. 111, par. 7408)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2016)
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22 | Sec. 8. Applicant qualifications; examination.
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23 | (a) In order to protect persons who are deaf or hard of | ||||||
24 | hearing with hearing impairments , the Department
shall |
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1 | authorize or shall conduct an appropriate examination for | ||||||
2 | persons
who dispense, test, select, recommend, fit, or service | ||||||
3 | hearing
instruments. The frequency of holding these | ||||||
4 | examinations shall
be determined by the Department by rule. | ||||||
5 | Those
who successfully pass such an examination shall be issued | ||||||
6 | a license
as a hearing instrument dispenser, which shall be | ||||||
7 | effective for
a 2-year period.
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8 | (b) Applicants shall be:
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9 | (1) at least 18 years of age;
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10 | (2) of good moral character;
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11 | (3) the holder of an associate's degree a high school | ||||||
12 | graduate or the equivalent;
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13 | (4) free of contagious or infectious disease; and
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14 | (5) a citizen or person who has the status as a legal | ||||||
15 | alien.
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16 | Felony convictions of the applicant and findings against | ||||||
17 | the applicant
involving matters set forth in Sections 17 and 18 | ||||||
18 | shall be considered in
determining moral character, but such a | ||||||
19 | conviction or finding shall not make an
applicant ineligible to | ||||||
20 | register for examination.
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21 | (c) Prior to engaging in the practice of fitting, | ||||||
22 | dispensing, or servicing
hearing instruments, an applicant
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23 | shall demonstrate, by means of written
and practical | ||||||
24 | examinations, that such person is qualified to
practice the | ||||||
25 | testing, selecting, recommending, fitting, selling, or
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26 | servicing of hearing instruments as defined in this
Act. An |
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1 | applicant must who fails to obtain a license within 12
months | ||||||
2 | after passing either both the written or and practical | ||||||
3 | examination, whichever is passed first, or examinations must | ||||||
4 | take and
pass those examinations again in order to be eligible | ||||||
5 | to receive a license.
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6 | The Department shall, by rule, determine the conditions | ||||||
7 | under which an
individual is examined.
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8 | (d) Proof of having met the minimum requirements of | ||||||
9 | continuing education
as determined by the Board shall be | ||||||
10 | required of all license renewals.
Pursuant to rule, the | ||||||
11 | continuing education requirements may, upon petition to
the | ||||||
12 | Board,
be waived in whole or in part if the hearing instrument | ||||||
13 | dispenser
can demonstrate
that he or she served in the Coast | ||||||
14 | Guard or Armed Forces, had an extreme
hardship, or obtained his | ||||||
15 | or her license by examination or
endorsement within
the | ||||||
16 | preceding renewal period.
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17 | (e) Persons applying for an initial
license
must | ||||||
18 | demonstrate having earned, at a minimum, an associate degree or | ||||||
19 | its equivalent from an
accredited institution of higher | ||||||
20 | education that is recognized by the U.S. Department of | ||||||
21 | Education or that meets the U.S. Department of Education | ||||||
22 | equivalency as determined through a National Association of | ||||||
23 | Credential Evaluation Services (NACES) member, and meet the | ||||||
24 | other requirements of
this Section. In addition, the applicant | ||||||
25 | must demonstrate the successful
completion of 12 semester hours | ||||||
26 | or 18 quarter hours of academic undergraduate
course work in an |
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1 | accredited institution consisting of 3 semester hours of
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2 | anatomy and physiology of the speech and hearing mechanism, 3 | ||||||
3 | semester hours of
hearing science, 3 semester hours of | ||||||
4 | introduction to audiology, and 3 semester
hours of aural | ||||||
5 | rehabilitation, or the quarter hour equivalent. Persons
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6 | licensed before January 1, 2003 who
have a valid license on | ||||||
7 | that date may have their license renewed
without meeting the | ||||||
8 | requirements of this subsection.
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9 | (Source: P.A. 96-683, eff. 1-1-10.)
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10 | (225 ILCS 50/9.5) | ||||||
11 | (Section scheduled to be repealed on January 1, 2016) | ||||||
12 | Sec. 9.5. Trainees. | ||||||
13 | (a) In order to receive a trainee license, a person must | ||||||
14 | apply to the Department and provide acceptable evidence of his | ||||||
15 | or her completion of the required courses pursuant to | ||||||
16 | subsection (e) of Section 8 of this Act, or its equivalent as | ||||||
17 | determined by the Department. A trainee license expires 12 6 | ||||||
18 | months from the date of issue and is non-renewable. | ||||||
19 | (b) A trainee shall perform the functions of a hearing | ||||||
20 | instrument dispenser in accordance with the Department rules | ||||||
21 | and only under the direct supervision of a hearing instrument | ||||||
22 | dispenser or audiologist who is licensed in the State. For the | ||||||
23 | purposes of this Section, "direct supervision" means that the | ||||||
24 | licensed hearing instrument dispenser or audiologist shall | ||||||
25 | give final approval to all work performed by the trainee and |
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1 | shall be physically present anytime the trainee has contact | ||||||
2 | with the client. The licensed hearing instrument dispenser or | ||||||
3 | audiologist is responsible for all of the work that is | ||||||
4 | performed by the trainee. | ||||||
5 | (c) The Department may limit the number of trainees that | ||||||
6 | may be under the direct supervision of the same licensed | ||||||
7 | hearing instrument dispenser or licensed audiologist.
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8 | (d) The Department may establish a trainee licensing fee by | ||||||
9 | rule. | ||||||
10 | (Source: P.A. 96-846, eff. 6-1-10 .)
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11 | (225 ILCS 50/16) (from Ch. 111, par. 7416)
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12 | (Section scheduled to be repealed on January 1, 2016)
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13 | Sec. 16. Hearing Instrument Consumer Protection Board. | ||||||
14 | There shall be
established a Hearing Instrument Consumer | ||||||
15 | Protection
Board which shall assist, advise and make | ||||||
16 | recommendations to the Department.
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17 | The Board shall consist of 6 members who shall be residents | ||||||
18 | of
Illinois.
One shall be a licensed physician who specializes | ||||||
19 | in otology or otolaryngology;
one shall be a member of a | ||||||
20 | consumer-oriented organization concerned with
the deaf or hard | ||||||
21 | of hearing hearing impaired ; one shall be from the general | ||||||
22 | public, preferably a
senior citizen; 2 shall be licensed | ||||||
23 | hearing instrument
dispensers who are
National Board Certified
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24 | Hearing
Instrument
Specialists; and one shall be a licensed
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25 | audiologist. If a
vote of the Board results in a tie, the |
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1 | Director shall cast the deciding
vote.
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2 | Members of the Board shall be appointed by the Director | ||||||
3 | after consultation
with appropriate professional organizations | ||||||
4 | and consumer groups.
The term of office of each shall be 4 | ||||||
5 | years. Before a member's term expires,
the Director shall | ||||||
6 | appoint a successor to assume member's duties at the
expiration | ||||||
7 | of his or her predecessor's term. A vacancy shall be filled by
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8 | appointment for the unexpired term. The members shall annually | ||||||
9 | designate
one member as chairman. No member of the Board who | ||||||
10 | has served 2
successive, full terms may be reappointed. The | ||||||
11 | Director may remove
members for good cause.
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12 | Members of the Board shall receive reimbursement for actual | ||||||
13 | and necessary
travel and for other expenses, not to exceed the | ||||||
14 | limit established by the
Department.
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15 | (Source: P.A. 91-932, eff. 1-1-01; 91-949, eff. 2-9-01 .)
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16 | (225 ILCS 50/17) (from Ch. 111, par. 7417)
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17 | (Section scheduled to be repealed on January 1, 2016)
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18 | Sec. 17. Duties of the Board. The Board shall advise the | ||||||
19 | Department in
all matters relating
to this Act and shall assist | ||||||
20 | as requested by the Director.
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21 | The Board shall respond to issues and problems relating to | ||||||
22 | the improvement
of services to the deaf or hard of hearing | ||||||
23 | hearing-impaired and shall make such recommendations
as it | ||||||
24 | considers advisable. It shall file an annual report with the | ||||||
25 | Director
and shall meet at least twice a year.
The Board may |
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1 | meet at any time at the call of the chair.
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2 | The Board shall recommend specialized education programs | ||||||
3 | for persons wishing
to become licensed as hearing instrument | ||||||
4 | dispensers and shall,
by rule, establish
minimum standards of | ||||||
5 | continuing education required for license
renewal. No more than | ||||||
6 | 5 hours of continuing education credit per year,
however, can | ||||||
7 | be obtained through programs sponsored by hearing instrument
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8 | manufacturers.
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9 | The Board shall hear charges brought by any person against | ||||||
10 | hearing instrument
dispensers and
shall recommend disciplinary | ||||||
11 | action to the Director.
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12 | Members of the Board are immune from liability in any | ||||||
13 | action based upon a
licensing proceeding or other act performed | ||||||
14 | in good faith as a member of the
Board.
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15 | (Source: P.A. 93-525, eff. 8-12-03 .)
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