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| Public Act 096-0683 |
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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 8, 9, 11, 13, and 15 and by | ||||
adding Section 6.1 as follows:
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(225 ILCS 50/6.1 new) | ||||
(Section scheduled to be repealed on January 1, 2016) | ||||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 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, (ii) has completed the specific | ||||
academic and training requirements, or their equivalent, under | ||||
this Act, (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 (iv) has paid the required fee.
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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(Section scheduled to be repealed on January 1, 2016)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 with hearing impairments, | ||
the Department
shall authorize or shall conduct an appropriate | ||
examination for persons
who dispense, test, select, recommend, | ||
fit, or service hearing
instruments. The frequency of holding | ||
these examinations shall
be determined by the Department by | ||
rule. Those
who successfully pass such an examination shall be | ||
issued a license
as a hearing instrument dispenser, which shall | ||
be effective for
a 2-year period.
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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) 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 | ||
applicant who fails to obtain a license within 12
months after | ||
passing both the written and practical examinations must take | ||
and
pass those examinations again in order to be eligible to | ||
receive a license.
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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 Beginning January 1, 2003, persons applying for | ||
an initial
license
must demonstrate having earned, at a | ||
minimum, an associate degree or its equivalent from an
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accredited institution of higher education that is recognized | ||
by the U.S. Department of Education and meet the other | ||
requirements of
this Section. In addition, the applicant must | ||
demonstrate the successful
completion of 12 semester hours or | ||
18 quarter hours of academic undergraduate
course work in an | ||
accredited institution consisting of 3 semester hours of
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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. 91-932, eff. 1-1-01; 92-161, eff. 7-25-01.)
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(225 ILCS 50/9) (from Ch. 111, par. 7409)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 9. Areas of examination. The examination required by | ||
Section 8
shall be set forth by rule and demonstrate the
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applicant's technical qualifications by:
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(a) Tests of knowledge in the following areas as they | ||
pertain to the
testing, selecting, recommending, fitting,
and | ||
selling of hearing instruments:
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(1) characteristics of sound;
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(2) the nature of the ear; and
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(3) the function and maintenance of hearing | ||
instruments.
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(b) Practical tests of proficiency in the following | ||
techniques as they
pertain to the fitting of hearing | ||
instruments shall be prescribed by the Department, set forth by | ||
rule, and include candidate qualifications in the following | ||
areas:
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(1) pure tone audiometry including air conduction | ||
testing and bone
conduction testing;
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(2) live voice or recorded voice speech audiometry, | ||
including speech
reception,
threshold testing and speech | ||
discrimination testing;
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(3) masking;
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(4) proper selection and adaptation of a hearing | ||
instrument;
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(5) Taking earmold impressions;
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(6) Proper maintenance procedures; and
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(7) a general knowledge of the medical and physical | ||
contra-indications
to the use and fitting of a hearing | ||
instrument.
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(c) Knowledge of the general medical and hearing | ||
rehabilitation facilities
in the area being served.
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(d) Knowledge of the provisions of this Act and the rules | ||
promulgated
hereunder.
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(Source: P.A. 89-72, eff. 12-31-95.)
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(225 ILCS 50/11) (from Ch. 111, par. 7411)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 11. Graduate audiology students.
Full-time graduate | ||
students enrolled in a program of audiology in an
accredited
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college or university may engage in the dispensing of hearing | ||
instruments
as a part of an academic a program of audiology | ||
without a license under
the supervision of a licensed | ||
audiologist.
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The supervisor and the supervisor's employer shall be | ||
jointly and
severally liable for any acts of the student
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relating to the practice of fitting or dispensing hearing | ||
instruments as
defined
in this Act and the rules promulgated | ||
hereunder.
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(Source: P.A. 91-932, eff. 1-1-01.)
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(225 ILCS 50/13) (from Ch. 111, par. 7413)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 13. Expiration and renewal of licenses. The expiration | ||
date and
renewal period for licenses shall be
set by rule. A | ||
hearing instrument dispenser whose license has
expired may have | ||
it reinstated within 2 years after the expiration
thereof, by | ||
making a renewal application therefor, demonstrating | ||
compliance
with all continuing education requirements, and by | ||
paying the required fee.
However, any hearing instrument | ||
dispenser whose license expired
while: (1) on active duty with | ||
the Armed Forces of the United States, or the
State Militia | ||
called into service or training, or (2) in training or | ||
education
under the supervision of the United States
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preliminary to induction into the military service, may have | ||
the
license renewed, reinstated, or restored without paying any | ||
lapsed
renewal fees if, within 2 years after honorable | ||
termination of such
service, training, or education, except | ||
under conditions other than
honorable, such person shall have | ||
furnished the Department with
satisfactory evidence of being so | ||
engaged and that the service, training or
education has been | ||
terminated.
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Pursuant to rule, a hearing instrument dispenser whose
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license has expired and who has not practiced for at least 2 | ||
years may have
such license restored by retaking and passing | ||
the
examinations as required by Sections 8 and 9 and paying the | ||
required fees.
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(Source: P.A. 89-72, eff. 12-31-95.)
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(225 ILCS 50/15) (from Ch. 111, par. 7415)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 15. Fees.
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(a) The examination and licensure following are fees paid | ||
to the Department to be charged and are not refundable and | ||
shall be set forth by administrative rule. :
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(1) The fee for application for a license is $40.
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(2) In addition to the application fee, applicants for | ||
any examination
shall be required to pay, either to the | ||
Department or to the designated
testing service, a fee | ||
covering the actual cost of the examination. Failure
to | ||
appear for the examination on the scheduled date, at the | ||
time and place
specified, after the applicant's | ||
application and fee for the examination
has been received | ||
and acknowledged by the Department or the designated | ||
testing
service, shall result in the forfeiture of the fee.
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(3) The fee for a license shall be $115 per 2 year
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licensure period, except that the fee for a license for a
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person
obtaining his or her supervised professional | ||
experience as required by
subsection (f) of Section 8 of | ||
the Illinois Speech-Language Pathology and
Audiology | ||
Practice Act shall be $60 per one year licensure period.
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(4) The fee for the reinstatement of a license which | ||
has been
expired for more than 90 days but less than 2 | ||
years is $50
plus payment of all lapsed renewal and late | ||
fees.
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(5) The fee for the restoration of a license which
has | ||
been expired for
more than 2 years is $100 plus payment of | ||
all lapsed renewal and late
fees.
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(6) The fee for the issuance of a duplicate license,
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for the issuance
of a replacement license which has been | ||
lost or destroyed or for the
issuance of a license with a | ||
change of name or address is $10. No fee is
required for | ||
name and address changes
on Department records when no | ||
duplicate license is issued.
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(7) The fee for a licensee's record
for any purpose is | ||
$10.
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(8) The fee to have the scoring of an examination | ||
administered by the
Department
reviewed and verified is | ||
$10, plus any fee charged by the testing service.
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(9) The fee for a wall license shall be the actual
cost | ||
of such license.
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(10) The fee for a roster of persons licensed as
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hearing instrument dispensers
shall be the actual cost of | ||
such roster.
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(11) The annual fee for any organization registered | ||
pursuant to
Section 6 is $100. Such fee is in addition to | ||
all other fees
imposed under this Act.
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(12) A late fee, which shall be in the same amount as | ||
the license
renewal fee, shall be charged to a dispenser | ||
whose license
renewal fee
is received by the Department | ||
after the expiration date of the license.
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(13) Sponsors of continuing education courses shall | ||
provide such
information as may be required by rule and | ||
shall pay a fee of $150 per
course. However, courses | ||
certified or approved for continuing education by
the | ||
International Hearing Aid Society, the American Academy
of | ||
Audiology, the Academy of Dispensing Audiologists, the | ||
American
Speech-Language-Hearing
Association, or any other | ||
national organization approved by the Board shall
be exempt | ||
from such fee and compliance with such course
filing | ||
requirements as specified by rule.
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(b) The moneys received as fees and fines by the Department
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under this Act shall be deposited in the Hearing Instrument
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Dispenser Examining
and Disciplinary Fund, which is hereby | ||
created as a
special fund in the
State Treasury, and shall be | ||
used only for the administration and
enforcement of this Act,
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including: (1) costs directly related to licensing of persons | ||
under
this Act; and (2) by the Board in the exercise
of its | ||
powers and performance of its duties, and such use shall be | ||
made
by the Department with full consideration of all | ||
recommendations of the Board.
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All moneys deposited in the Fund shall be appropriated to | ||
the Department
for expenses of the Department and the Board in | ||
the administration and
enforcement of this Act.
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Moneys in the Fund may
be invested and reinvested, with all | ||
earnings deposited in the
Fund and used for the purposes set | ||
forth in this Act.
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Upon the completion of any audit of the Department as | ||
prescribed by the
Illinois State Auditing Act, which audit | ||
shall include an audit of the Fund,
the Department
shall make a | ||
copy of the audit open to inspection by any interested person,
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which copy shall be submitted to the Department by the Auditor | ||
General, in
addition to the copies of audit reports required to | ||
be submitted to other
State officers and agencies by Section | ||
3-14 of the Illinois State Auditing Act.
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(Source: P.A. 91-932, eff. 1-1-01.)
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