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91_SB1404eng SB1404 Engrossed LRB9107670ACtmA 1 AN ACT concerning the regulation of audiologists. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Hearing Instrument Consumer Protection 5 Act is amended by changing Sections 4, 7, 8, 11, 14, 15, and 6 16 as follows: 7 (225 ILCS 50/4) (from Ch. 111, par. 7404) 8 Sec. 4. Disclosure; waiver; complaints; insurance. The 9 hearing instrument dispenser shall give at no charge to every 10 person fitted and sold a hearing instrument the "User 11 Instructional Brochure", supplied by the hearing instrument 12 manufacturer containing information required by the U.S. Food 13 and Drug Administration. 14 Whenever a sale or service of one or more hearing 15 instrument involving $50 or more is made or contracted to be 16 made, whether under a single contract or under multiple 17 contracts, at the time of the transaction, the hearing 18 instrument dispenser shall furnish the consumer with a fully 19 completed receipt or contract pertaining to that transaction, 20 in substantially the same language as that used in the oral 21 presentation to the consumer. The receipt or contract 22 provided to the consumer shall contain the dispenser's name, 23 license number, business address, business phone number, and 24 signature; the name, address, and signature of the hearing 25 instrument consumer; and the name and signature of the 26 purchaser if the consumer and the purchaser are not the same; 27 the hearing instrument manufacturer's name, and the model and 28 serial numbers; the date of purchase; and the charges 29 required to complete the terms of the sale fully and clearly 30 stated. When the hearing instrument is delivered to the 31 consumer or purchaser, the serial number shall be written on SB1404 Engrossed -2- LRB9107670ACtmA 1 the original receipt or contract and a copy shall be given to 2 the consumer or purchaser. If a used hearing instrument is 3 sold, the receipt and the container thereof shall be clearly 4 marked as "used" or "reconditioned", whichever is applicable, 5 with terms of guarantee, if any. 6 All hearing instruments offered for sale must be 7 accompanied by a 30-business day return privilege. The 8 receipt or contract provided to the consumer shall state that 9 the consumer has a right to return the hearing instrument for 10 a refund within 30 business days of the date of delivery. If 11 a nonrefundable dispensing fee or restocking fee, or both, 12 will be withheld from the consumer in event of return, the 13 terms must be clearly stated on the receipt or contract 14 provided to the consumer. 15 A hearing instrument dispenser shall not sell a hearing 16 instrument unless the prospective user has presented to the 17 hearing instrument dispenser a written statement, signed by a 18 licensed physician, which states that the patient's hearing 19 loss has been medically evaluated and the patient is 20 considered a candidate for a hearing instrument. The medical 21 evaluation must have taken place within the 6 months 22 immediately preceding the date of the sale of the hearing 23 instrument to the prospective hearing instrument user. If 24 the prospective hearing instrument user is 18 years of age or 25 older, the hearing instrument dispenser may afford the 26 prospective user an opportunity to waive the medical 27 evaluation required by this Section, provided that the 28 hearing instrument dispenser: 29 (i) Informs the prospective user that the exercise 30 of a waiver is not in the user's best health interest; 31 (ii) Does not in any way actively encourage the 32 prospective user to waive the medical evaluation; and 33 (iii) Affords the prospective user the option to 34 sign the following statement: SB1404 Engrossed -3- LRB9107670ACtmA 1 "I have been advised by 2 .................(hearing instrument dispenser's 3 name) that the Food and Drug Administration has 4 determined that my best interest would be served if 5 I had a medical evaluation by a licensed physician 6 (preferably a physician who specializes in diseases 7 of the ear) before purchasing a hearing instrument. 8 I do not wish a medical evaluation before purchasing 9 a hearing instrument." 10 The hearing instrument dispenser or his or her employer 11 shall retain proof of the medical examination or the waiver 12 for at least 3 years from the date of the sale. 13 If the parent or guardian of any individual under the age 14 of 18 years is a member of any church or religious 15 denomination, whose tenets and practices include reliance 16 upon spiritual means through prayer alone and objects to 17 medical treatment and so states in writing to the hearing 18 instrument dispenser, such individual shall undergo a hearing 19 examination as provided by this Section but no proof, ruling 20 out any medically treatable problem causing hearing loss, 21 shall be required. 22 All persons licensed under this Act shall have 23 conspicuously displayed in their business establishment a 24 sign indicating that formal complaints regarding hearing 25 instrument goods or services may be made to the Department. 26 Such sign shall give the address and telephone number of the 27 Department. All persons purchasing hearing instruments shall 28 be provided with a written statement indicating that formal 29 complaints regarding hearing instrument goods or services may 30 be made to the Department and disclosing the address and 31 telephone number of the Department. 32 Any person wishing to make a complaint, against a hearing 33 instrument dispenser under this Act, shall file it with the 34 Department within 3 years from the date of the action upon SB1404 Engrossed -4- LRB9107670ACtmA 1 which the complaint is based. The Department shall 2 investigate all such complaints. 3 All persons licensed under this Act shall maintain 4 liability insurance as set forth by rule and shall be 5 responsible for the annual calibration of all audiometers in 6 use by such persons. Such annual calibrations shall be in 7 conformance with the current standards set by American 8 National Standard Institute. 9 (Source: P.A. 89-72, eff. 12-31-95.) 10 (225 ILCS 50/7) (from Ch. 111, par. 7407) 11 Sec. 7. Exemptions. 12 (a) The following are exempt from this Act: 13 (1) Licensed physicians. This exemption, however, 14 does not apply to a physician's employee or subcontractor 15 who is not a physician. 16 (2) Persons who only repair or manufacture hearing 17 instruments and their accessories for wholesale. 18 (3) Audiologists licensed under the Illinois 19 Speech-Language Pathology and Audiology Practice Act. 20 (b) Audiometers used by persons exempt from this Act to 21 dispense hearing instruments must meet the annual calibration 22 requirements and current standards set by the American 23 National Standards Institute. 24 (Source: P.A. 89-72, eff. 12-31-95.) 25 (225 ILCS 50/8) (from Ch. 111, par. 7408) 26 Sec. 8. Applicant qualifications; examination. 27 (a) In order to protect persons with hearing 28 impairments, the Department shall authorize or shall conduct 29 an appropriate examination for persons who dispense, test, 30 select, recommend, fit, or service hearing instruments. The 31 frequency of holding these examinations shall be determined 32 by the Department by rule. Those who successfully pass such SB1404 Engrossed -5- LRB9107670ACtmA 1 an examination shall be issued a license as a hearing 2 instrument dispenser, which shall be effective for a 2-year 3 period. 4 (b) Applicants shall be: 5 (1) at least 18 years of age; 6 (2) of good moral character; 7 (3) a high school graduate or the equivalent; 8 (4) free of contagious or infectious disease; and 9 (5) a citizen or person who has the status as a 10 legal alien. 11 Felony convictions of the applicant and findings against 12 the applicant involving matters set forth in Sections 17 and 13 18 shall be considered in determining moral character, but 14 such a conviction or finding shall not make an applicant 15 ineligible to register for examination. 16 (c) Prior to engaging in the practice of fitting, 17 dispensing, or servicing hearing instruments, an applicant 18 shall demonstrate, by means of written and practical 19 examinations, that such person is qualified to practice the 20 testing, selecting, recommending, fitting, selling, or 21 servicing of hearing instruments as defined in this Act. An 22 applicant who fails to obtain a license within 12 months 23 after passing both the written and practical examinations 24 must take and pass those examinations again in order to be 25 eligible to receive a license.An applicant who is a26licensed audiologist shall take the practical examination,27but is not required to take the written examination to28qualify for a license.29 The Department shall, by rule, determine the conditions 30 under which an individual is examined. 31 (d) Proof of having met the minimum requirements of 32 continuing education as determined by the Board shall be 33 required of all license renewals. Pursuant to rule, the 34 continuing education requirements may, upon petition to the SB1404 Engrossed -6- LRB9107670ACtmA 1 Board, be waived in whole or in part if the hearing 2 instrument dispenser can demonstrate that he or she served in 3 the Coast Guard or Armed Forces, had an extreme hardship, or 4 obtained his or her license by examination or endorsement 5 within the preceding renewal period. 6 (e) Beginning January 1, 2001, persons applying for an 7 initial license must demonstrate having earned an associate 8 degree or its equivalent from an accredited institution of 9 higher education and meet the other requirements of this 10 Section. In addition, the applicant must demonstrate the 11 successful completion of 12 semester hours or 18 quarter 12 hours of academic undergraduate course work in an accredited 13 institution consisting of 3 semester hours of anatomy and 14 physiology of the speech and hearing mechanism, 3 semester 15 hours of hearing science, 3 semester hours of introduction to 16 audiology, and 3 semester hours of aural rehabilitation, or 17 the quarter hour equivalent. Persons licensed before January 18 1, 2001 who have a valid license on that date may have their 19 license renewed without meeting the requirements of this 20 subsection. 21 (Source: P.A. 89-72, eff. 12-31-95.) 22 (225 ILCS 50/11) (from Ch. 111, par. 7411) 23 Sec. 11. Graduate audiology students. 24 Full-time graduate students enrolled in a program of 25 audiology in an accredited college or university may engage 26 in the dispensing of hearing instruments as a part of a 27 program of audiology without a license under the supervision 28 of a licensed audiologisthearing instrument dispenser. 29 The supervisor and the supervisor's employer shall be 30 jointly and severally liable for any acts of the student 31 relating to the practice of fitting or dispensing hearing 32 instruments as defined in this Act and the rules promulgated 33 hereunder. SB1404 Engrossed -7- LRB9107670ACtmA 1 (Source: P.A. 89-72, eff. 12-95-31.) 2 (225 ILCS 50/14) (from Ch. 111, par. 7414) 3 Sec. 14. Powers and duties of the Department. The 4 powers and duties of the Department are: 5 (a) To issue licenses and to administer examinations to 6 applicants; 7 (b) To license persons who are qualified to engage in 8 the testing, recommending, fitting, selling, and dispensing 9 of hearing instruments; 10 (c) To provide the equipment and facilities necessary 11 for the examination; 12 (d) To issue and to renew licenses; 13 (e) To suspend or revoke licenses or to take such other 14 disciplinary action as provided in this Act; 15 (f) To consider all recommendations and requests of the 16 Board and to inform it of all actions of the Department 17 insofar as hearing instrument dispensers are concerned, 18 including any instances where the actions of the Department 19 are contrary to the recommendations of the Board; 20 (g) To promulgate rules necessary to implement this Act; 21 (h) (Blank)To subject the supervisor of a graduate22audiology student to such discipline as provided in this Act23for any violations made by the graduate audiology student; 24 and 25 (i) To conduct such consumer education programs and 26 awareness programs for persons with a hearing impairment as 27 may be recommended by the Board. 28 (Source: P.A. 89-72, eff. 12-31-95; 89-626, eff. 8-9-96.) 29 (225 ILCS 50/15) (from Ch. 111, par. 7415) 30 Sec. 15. Fees. 31 (a) The following are fees to be charged and are not 32 refundable: SB1404 Engrossed -8- LRB9107670ACtmA 1 (1) The fee for application for a license is $40 2$35. 3 (2) In addition to the application fee, applicants 4 for any examination shall be required to pay, either to 5 the Department or to the designated testing service, a 6 fee covering the actual cost of the examination. Failure 7 to appear for the examination on the scheduled date, at 8 the time and place specified, after the applicant's 9 application and fee for the examination has been received 10 and acknowledged by the Department or the designated 11 testing service, shall result in the forfeiture of the 12 fee. 13 (3) The fee for a license shall be $115$40per 2 14 year licensure period. 15 (4) The fee for the reinstatement of a license 16 which has been expired for more than 90 days but less 17 than 2 years is $50 plus payment of all lapsed renewal 18 and late fees. 19 (5) The fee for the restoration of a license which 20 has been expired for more than 2 years is $100 plus 21 payment of all lapsed renewal and late fees. 22 (6) The fee for the issuance of a duplicate 23 license, for the issuance of a replacement license which 24 has been lost or destroyed or for the issuance of a 25 license with a change of name or address is $10. No fee 26 is required for name and address changes on Department 27 records when no duplicate license is issued. 28 (7) The fee for a licensee's record for any purpose 29 is $10. 30 (8) The fee to have the scoring of an examination 31 administered by the Department reviewed and verified is 32 $10, plus any fee charged by the testing service. 33 (9) The fee for a wall license shall be the actual 34 cost of such license. SB1404 Engrossed -9- LRB9107670ACtmA 1 (10) The fee for a roster of persons licensed as 2 hearing instrument dispensers shall be the actual cost of 3 such roster. 4 (11) The annual fee for any organization registered 5 pursuant to Section 6 is $100. Such fee is in addition 6 to all other fees imposed under this Act. 7 (12) A late fee, which shall be in the same amount 8 as the license renewal fee, shall be charged to a 9 dispenser whose license renewal fee is received by the 10 Department after the expiration date of the license. 11 (13) Sponsors of continuing education courses shall 12 provide such information as may be required by rule and 13 shall pay a fee of $150 per course. However, courses 14 certified or approved for continuing education by the 15 International Hearing Aid Society, the American Academy 16 of Audiology, the Academy of Dispensing Audiologists, the 17 American Speech-Language-Hearing Association, or any 18 other national organization approved by the Board shall 19 be exempt from such fee and compliance with such course 20 filing requirements as specified by rule. 21 (b) The moneys received as fees and fines by the 22 Department under this Act shall be deposited in the Hearing 23 Instrument Dispenser Examining and Disciplinary Fund, which 24 is hereby created as a special fund in the State Treasury, 25 and shall be used only for the administration and enforcement 26 of this Act, including: (1) costs directly related to 27 licensing of persons under this Act; and (2) by the Board in 28 the exercise of its powers and performance of its duties, and 29 such use shall be made by the Department with full 30 consideration of all recommendations of the Board. 31 All moneys deposited in the Fund shall be appropriated to 32 the Department for expenses of the Department and the Board 33 in the administration and enforcement of this Act. 34 Moneys in the Fund may be invested and reinvested, with SB1404 Engrossed -10- LRB9107670ACtmA 1 all earnings deposited in the Fund and used for the purposes 2 set forth in this Act. 3 Upon the completion of any audit of the Department as 4 prescribed by the Illinois State Auditing Act, which audit 5 shall include an audit of the Fund, the Department shall make 6 a copy of the audit open to inspection by any interested 7 person, which copy shall be submitted to the Department by 8 the Auditor General, in addition to the copies of audit 9 reports required to be submitted to other State officers and 10 agencies by Section 3-14 of the Illinois State Auditing Act. 11 (Source: P.A. 89-72, eff. 12-31-95.) 12 (225 ILCS 50/16) (from Ch. 111, par. 7416) 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. 17 The Board shall consist of 65members who shall be 18 residents of Illinois. One shall be a licensed physician who 19 specializes in otology or otolaryngology; one shall be a 20 member of a consumer-oriented organization concerned with the 21 hearing impaired; one shall be from the general public, 22 preferably a senior citizen; and 32shall be licensed 23 hearing instrument dispensers who are. Each hearing24instrument dispenser shall have at least 5 years of25experience. One of the hearing instrument dispensers shall be26a Licensed Audiologist and the other shall be aNational 27 Board Certified Hearing Instrument Specialists, one of whom 28 is a licensed audiologistSpecialist. If a vote of the Board 29 results in a tie, the Director shall cast the deciding vote. 30 Members of the Board shall be appointed by the Director 31 after consultation with appropriate professional 32 organizations and consumer groups. The term of office of each 33 shall be 4 years. Before a member's term expires, the SB1404 Engrossed -11- LRB9107670ACtmA 1 Director shall appoint a successor to assume member's duties 2 at the expiration of his or her predecessor's term. A 3 vacancy shall be filled by appointment for the unexpired 4 term. The members shall annually designate one member as 5 chairman. No member of the Board who has served 2 6 successive, full terms may be reappointed. The Director may 7 remove members for good cause. 8 Members of the Board shall receive reimbursement for 9 actual and necessary travel and for other expenses, not to 10 exceed the limit established by the Department. 11 (Source: P.A. 89-72, eff. 12-31-95.) 12 Section 10. The Illinois Speech-Language Pathology and 13 Audiology Practice Act is amended by changing Sections 4, 14, 14 and 14.5 and by adding Section 7.1 as follows: 15 (225 ILCS 110/4) (from Ch. 111, par. 7904) 16 Sec. 4. Powers and duties of the Department. Subject to 17 the provisions of this Act, the Department shall exercise the 18 following functions, powers and duties: 19 (a) Conduct or authorize examinations to ascertain the 20 fitness and qualifications of applicants for license and 21 issue licenses to those who are found to be fit and 22 qualified. 23 (b) Prescribe rules and regulations for a method of 24 examination of candidates. 25 (c) Prescribe rules and regulations defining what shall 26 constitute an approved school, college or department of a 27 university, except that no school, college or department of a 28 university that refuses admittance to applicants solely on 29 account of race, color, creed, sex or national origin shall 30 be approved. 31 (d) Conduct hearings on proceedings to revoke, suspend, 32 or refusal to issue such licenses. SB1404 Engrossed -12- LRB9107670ACtmA 1 (e) Promulgate rules and regulations required for the 2 administration of this Act. 3 (f) Discipline the supervisor of a graduate audiology 4 student as provided in this Act for a violation by the 5 graduate audiology student. 6 (g) Enforce the provisions of the Hearing Instrument 7 Consumer Protection Act and rules promulgated under the Act 8 as that Act and those rules apply to licensed audiologists 9 regulated by the Department. 10 (Source: P.A. 85-1391.) 11 (225 ILCS 110/7.1 new) 12 Sec. 7.1. Graduate audiology students. Full-time 13 graduate students enrolled in a program of audiology in an 14 accredited college or university may engage in the dispensing 15 of hearing instruments as a part of a program of audiology 16 without a license under the supervision of an audiologist 17 licensed under this Act. 18 The supervisor and the supervisor's employer shall be 19 jointly and severally liable for any acts of the student 20 relating to the practice of fitting or dispensing hearing 21 instruments as defined in the rules promulgated under this 22 Act. 23 (225 ILCS 110/14) (from Ch. 111, par. 7914) 24 Sec. 14. Fees. 25 (a) The Department shall provide by rule for a schedule 26 of fees to be paid for licenses by all applicants. The 27 Department shall consult with the Board and consider its 28 recommendations when establishing the schedule of fees and 29 any increase in fees to be paid by license applicants. 30 (b) Except as provided in subsection (c) below, the fees 31 for the administration and enforcement of this Act, including 32 but not limited to original licensure, renewal, and SB1404 Engrossed -13- LRB9107670ACtmA 1 restoration, shall be set by rule and shall be nonrefundable. 2 (b-5) In addition to any fees set by the Department 3 through administrative rule, the Department shall, at the 4 time of licensure and renewal, collect from each licensed 5 audiologist a Hearing Instrument Consumer Protection Fee of 6 $45. 7 (c) Applicants for examination shall be required to pay, 8 either to the Department or the designated testing service, a 9 fee covering the cost of initial screening to determine 10 eligibility and to provide the examination. Failure to appear 11 for the examination on the scheduled date at the time and 12 place specified, after the application for examination has 13 been received and acknowledged by the Department or the 14 designated testing service, shall result in the forfeiture of 15 the examination fee. 16 (Source: P.A. 90-69, eff. 7-8-97.) 17 (225 ILCS 110/14.5) 18 Sec. 14.5. Deposit of fees and fines. Beginning July 1, 19 1995, all of the fees and fines collected under this Act 20 shall be deposited into the General Professions Dedicated 21 Fund, with the exception of the Hearing Instrument Consumer 22 Protection Fee provided for in subsection (b-5) of Section 23 14, which shall be deposited into the Hearing Instrument 24 Dispenser Licensing and Discipline Fund administered by the 25 Department of Public Health. 26 (Source: P.A. 88-683, eff. 1-24-95.) 27 Section 99. Effective date. This Act takes effect on 28 January 1, 2001.