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91_SB1404gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 7, 2000
To the Honorable Members of
The Illinois State Senate
91st General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex rel.
Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387
(1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d
356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return Senate Bill 1404, entitled "AN ACT concerning the
regulation of audiologists," with specific recommendations
for change.
Senate Bill 1404 makes a variety of useful changes,
particularly concerning the regulation of the sale of hearing
instruments to consumers.
Included in Senate Bill 1404 is a change that
appropriately eliminates a duplicative licensure requirement
for licensed audiologists who dispense or service hearing
instruments. The Hearing Instrument Consumer Protection Act
(225 ILCS 50/1, et seq.) provides that no person shall engage
in the selling, practice of testing, fitting, selecting,
recommending, adapting, dispensing or servicing hearing aids
or display a sign, advertise or represent oneself as a person
who practices the fitting or selling of hearing aids, unless
such person holds a current license issued by the Department
of Public Health. Such a person is known as a licensed
hearing instrument dispenser.
Senate Bill 1404 eliminates the requirement of hearing
instrument dispenser licensure for persons who are already
licensed under the Illinois Speech-Language Pathology and
Audiology Practice Act. This is achieved by stating that
licensed audiologists are exempt from the Hearing Instrument
Consumer Protection Act.
While I believe that licensed audiologists are
sufficiently trained to safely practice as hearing instrument
dispensers without additional licensure, I am concerned that
their total exemption from the Hearing Instrument Consumer
Protection Act would allow them to practice in this field
while not being subject to the consumer protection provisions
of that Act. I recognize that this is not the intent of
Senate Bill 1404, but I am concerned that this could be the
result if this change becomes laws.
Therefore, I submit the following specific
recommendations for change:
On page 4, by deleting lines 18 and 19; and
On page 4, below line 23, by inserting the following:
"(c) Audiologists licensed under the Illinois
Speech-Language Pathology and Audiology Practice Act
are exempt from licensure under this Act, but are
otherwise subject to the practices and provisions of
this Act.".
With these changes, Senate Bill 1404 will have my
approval. I respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR