Illinois 103rd Regular Session Status: Enacted Bipartisan · 11 D · 2 R cosponsors

SB 1721 — HEARING INSTRUMENT ACT-VARIOUS

Last action — Public Act . . . . . . . . . 103-0495

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2023. Enacted.

Signed by Governor JB Pritzker (Democratic) on August 04, 2023.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    2 primary, 14 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (11 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Hearing Instrument Consumer Protection Act. Defines terms. Makes changes of references to "hearing instruments" to "hearing aids" when referring to the instrument or device. Provides that all hearing instruments or hearing aids must be dispensed or sold in accordance with Food and Drug Administration and Federal Trade Commission regulations governing the dispensing and sale of personal sound amplification products or hearing aids. Provides that a person age 17 or younger must be evaluated in person by either a licensed audiologist or a physician before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 17 or younger. Provides that a person age 18 or older must be evaluated by a hearing instrument professional in person or via telehealth before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 18 or older. Provides that hearing aid dispensing technicians are exempt from licensure under this Act but are otherwise subject to the practices and provisions of this Act. Provides that a trainee may be supervised by more than one licensed hearing instrument professional. Provides that hearing aid dispensing technicians may be employed by a hearing instrument professional to assist in the dispensing and servicing of hearing instruments without a license. Provides for duties of a hearing aid dispensing technician. Provides that continuing education credit per licensing period must include a minimum of (1) 2 hours in Illinois law and ethics, (2) one hour in sexual harassment prevention training, and (3) one hour in implicit bias awareness (rather than just a minimum of 2 hours in Illinois law and ethics). Makes other changes. Makes a corresponding change to the Public Utilities Act. Effective January 1, 2024.

Bill Text

What changed in the latest version

1033 added · 1019 removed

Plain-language change summary

In the latest version of SB 1721, the role of audiologists has been more clearly defined by specifying that they will be involved in overseeing certain functions of hearing aid dispensers. This change emphasizes collaboration between dispensers and licensed audiologists, potentially leading to better oversight and quality of care for those receiving hearing aids. Additionally, the requirement for dispensers to provide a "User Instructional Brochure" remains, ensuring that customers receive essential information about their devices. This clarity in roles could enhance consumer safety and understanding of hearing aid usage.

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SB1721 Engrossed LRB103 27016 AMQ 53383 b AN ACT concerning regulation.
SB1721 Enrolled LRB103 27016 AMQ 53383 b AN ACT concerning regulation.
(b) The Commission shall design and implement a program, whereby each telecommunications carrier providing local SB1721 Engrossed - 2 - LRB103 27016 AMQ 53383 b exchange service shall provide a telecommunications relay system, using third party intervention to connect those persons having a hearing or speech disability with persons of normal hearing by way of intercommunications devices and the telephone system, making available reasonable access to all phases of public telephone service to persons who have a hearing or speech disability.
(b) The Commission shall design and implement a program, whereby each telecommunications carrier providing local SB1721 Enrolled - 2 - LRB103 27016 AMQ 53383 b exchange service shall provide a telecommunications relay system, using third party intervention to connect those persons having a hearing or speech disability with persons of normal hearing by way of intercommunications devices and the telephone system, making available reasonable access to all phases of public telephone service to persons who have a hearing or speech disability.
(c) The Commission shall establish a competitively neutral rate recovery mechanism that establishes charges in an amount to be determined by the Commission for each line of a subscriber to allow telecommunications carriers providing local exchange service to recover costs as they are incurred SB1721 Engrossed - 3 - LRB103 27016 AMQ 53383 b under this Section.
(c) The Commission shall establish a competitively neutral rate recovery mechanism that establishes charges in an amount to be determined by the Commission for each line of a subscriber to allow telecommunications carriers providing local exchange service to recover costs as they are incurred SB1721 Enrolled - 3 - LRB103 27016 AMQ 53383 b under this Section.
For the purposes of this Section, SB1721 Engrossed - 4 - LRB103 27016 AMQ 53383 b "organizations serving the needs of those persons with hearing or speech disabilities" means centers for independent living as described in Section 12a of the Rehabilitation of Persons with Disabilities Act and not-for-profit organizations whose primary purpose is serving the needs of those persons with hearing or speech disabilities.
For the purposes of this Section, SB1721 Enrolled - 4 - LRB103 27016 AMQ 53383 b "organizations serving the needs of those persons with hearing or speech disabilities" means centers for independent living as described in Section 12a of the Rehabilitation of Persons with Disabilities Act and not-for-profit organizations whose primary purpose is serving the needs of those persons with hearing or speech disabilities.
(f) Interconnected VoIP service providers, sellers of SB1721 Engrossed - 5 - LRB103 27016 AMQ 53383 b prepaid wireless telecommunications service, and wireless carriers in Illinois shall collect and remit assessments determined in accordance with this Section in a competitively neutral manner in the same manner as a telecommunications carrier providing local exchange service.
(f) Interconnected VoIP service providers, sellers of SB1721 Enrolled - 5 - LRB103 27016 AMQ 53383 b prepaid wireless telecommunications service, and wireless carriers in Illinois shall collect and remit assessments determined in accordance with this Section in a competitively neutral manner in the same manner as a telecommunications carrier providing local exchange service.
In administration and enforcement of this Section, the provisions of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of Section 15 and subsections (c) and (e) of Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 (the effective date of Public Act 99-6), the SB1721 Engrossed - 6 - LRB103 27016 AMQ 53383 b seller shall be permitted to deduct and retain 3% of the assessments that are collected by the seller from consumers and that are remitted and timely filed with the Department) that are not inconsistent with this Section, shall apply, as far as practicable, to the subject matter of this Section to the same extent as if those provisions were included in this Section.
In administration and enforcement of this Section, the provisions of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of Section 15 and subsections (c) and (e) of Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 (the effective date of Public Act 99-6), the SB1721 Enrolled - 6 - LRB103 27016 AMQ 53383 b seller shall be permitted to deduct and retain 3% of the assessments that are collected by the seller from consumers and that are remitted and timely filed with the Department) that are not inconsistent with this Section, shall apply, as far as practicable, to the subject matter of this Section to the same extent as if those provisions were included in this Section.
The amount certified shall be the amount (not including credit memoranda) collected during the second preceding calendar month by the Department, plus an amount the Department determines is necessary to offset any amounts which were SB1721 Engrossed - 7 - LRB103 27016 AMQ 53383 b erroneously paid to a different taxing body or fund.
The amount certified shall be the amount (not including credit memoranda) collected during the second preceding calendar month by the Department, plus an amount the Department determines is necessary to offset any amounts which were SB1721 Enrolled - 7 - LRB103 27016 AMQ 53383 b erroneously paid to a different taxing body or fund.
Where SB1721 Engrossed - 8 - LRB103 27016 AMQ 53383 b the consumer purchases from the provider optional minutes, texts, or other services in addition to the federally funded Lifeline benefit, a consumer must pay the charge or assessment, and it must be collected by the seller according to this subsection (f).
Where SB1721 Enrolled - 8 - LRB103 27016 AMQ 53383 b the consumer purchases from the provider optional minutes, texts, or other services in addition to the federally funded Lifeline benefit, a consumer must pay the charge or assessment, and it must be collected by the seller according to this subsection (f).
The purpose of this Act is to protect the SB1721 Engrossed - 9 - LRB103 27016 AMQ 53383 b deaf or hard of hearing public from the practice of dispensing hearing aids instruments that could endanger the health, safety and welfare of the People of this State.
The purpose of this Act is to protect the SB1721 Enrolled - 9 - LRB103 27016 AMQ 53383 b deaf or hard of hearing public from the practice of dispensing hearing aids instruments that could endanger the health, safety and welfare of the People of this State.
"Federal Trade Commission" means the United States federal SB1721 Engrossed - 10 - LRB103 27016 AMQ 53383 b agency which regulates business practices and commerce.
"Federal Trade Commission" means the United States federal SB1721 Enrolled - 10 - LRB103 27016 AMQ 53383 b agency which regulates business practices and commerce.
"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.
"Trainee" means a person who is licensed to perform the functions of a hearing instrument dispenser or audiologist 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.
"Hearing instrument" or "hearing aid" means any instrument SB1721 Engrossed - 11 - LRB103 27016 AMQ 53383 b or device, including an instrument or device dispensed pursuant to a prescription, that is designed, intended, or offered for the purpose of improving a person's hearing and any parts, attachments, or accessories, including earmolds.
"Hearing instrument" or "hearing aid" means any instrument SB1721 Enrolled - 11 - LRB103 27016 AMQ 53383 b or device, including an instrument or device dispensed pursuant to a prescription, that is designed, intended, or offered for the purpose of improving a person's hearing and any parts, attachments, or accessories, including earmolds.
"Practice of prescribing, fitting, dispensing, or servicing of prescription hearing aids instruments" means the measurement of human hearing with an audiometer, calibrated to the current American National Standard Institute standards, for the purpose of prescribing hearing aids and making SB1721 Engrossed - 12 - LRB103 27016 AMQ 53383 b selections, recommendations, adaptions, services, or sales of hearing aids instruments including the making of earmolds as a part of the hearing aid instrument.
"Practice of prescribing, fitting, dispensing, or servicing of prescription hearing aids instruments" means the measurement of human hearing with an audiometer, calibrated to the current American National Standard Institute standards, for the purpose of prescribing hearing aids and making SB1721 Enrolled - 12 - LRB103 27016 AMQ 53383 b selections, recommendations, adaptions, services, or sales of hearing aids instruments including the making of earmolds as a part of the hearing aid instrument.
(1) uses the same fundamental scientific technology as air conduction hearing aids, as defined in 21 CFR 874.3300, or wireless air conduction hearing aids, as SB1721 Engrossed - 13 - LRB103 27016 AMQ 53383 b defined in 21 CFR 874.3305;
(1) uses the same fundamental scientific technology as air conduction hearing aids, as defined in 21 CFR 874.3300, or wireless air conduction hearing aids, as SB1721 Enrolled - 13 - LRB103 27016 AMQ 53383 b defined in 21 CFR 874.3305;
"Prescription hearing aid" means any wearable instrument or device designed, intended, or offered for the purpose of SB1721 Engrossed - 14 - LRB103 27016 AMQ 53383 b improving a person's hearing that may only be obtained with the involvement of a licensed hearing instrument professional.
"Prescription hearing aid" means any wearable instrument or device designed, intended, or offered for the purpose of SB1721 Enrolled - 14 - LRB103 27016 AMQ 53383 b improving a person's hearing that may only be obtained with the involvement of a licensed hearing instrument professional.
The hearing instrument dispenser shall give at no charge to every person fitted and sold a hearing aid instrument the "User Instructional Brochure", supplied by the hearing aid instrument manufacturer containing information required by the U.S.
The hearing instrument professional dispenser shall give at no charge to every person fitted and sold a hearing aid instrument the "User Instructional Brochure", supplied by the hearing aid instrument manufacturer containing information required by the U.S.
Whenever a sale or service of one or more prescription hearing aids instrument involving $50 or more is made or contracted to be made, whether under a single contract or under multiple contracts, at the time of the transaction, the hearing instrument professional dispenser shall furnish the consumer with a fully completed receipt or contract pertaining SB1721 Engrossed - 15 - LRB103 27016 AMQ 53383 b to that transaction, in substantially the same language as that used in the oral presentation to the consumer.
Whenever a sale or service of one or more prescription hearing aids instrument involving $50 or more is made or contracted to be made, whether under a single contract or under multiple contracts, at the time of the transaction, the hearing instrument professional dispenser shall furnish the consumer with a fully completed receipt or contract pertaining SB1721 Enrolled - 15 - LRB103 27016 AMQ 53383 b to that transaction, in substantially the same language as that used in the oral presentation to the consumer.
If a nonrefundable dispensing fee or restocking fee, or both, will be withheld from the consumer in event of return, the terms SB1721 Engrossed - 16 - LRB103 27016 AMQ 53383 b must be clearly stated on the receipt or contract provided to the consumer.
If a nonrefundable dispensing fee or restocking fee, or both, will be withheld from the consumer in event of return, the terms SB1721 Enrolled - 16 - LRB103 27016 AMQ 53383 b must be clearly stated on the receipt or contract provided to the consumer.
"I have been advised by .................(hearing instrument dispenser's name) that the Food and Drug Administration has determined that my best interest would be served if I had a medical evaluation by a SB1721 Engrossed - 17 - LRB103 27016 AMQ 53383 b licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing instrument.
"I have been advised by .................(hearing instrument dispenser's name) that the Food and Drug Administration has determined that my best interest would be served if I had a medical evaluation by a SB1721 Enrolled - 17 - LRB103 27016 AMQ 53383 b licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing instrument.
I do not wish a medical evaluation before purchasing a hearing instrument." The hearing instrument dispenser or the dispenser's his or her employer shall retain proof of the medical examination or the waiver for at least 3 years from the date of the sale.
I do not wish a medical evaluation before purchasing a hearing instrument." The hearing instrument professional dispenser or the professional's his or her employer shall retain proof of the medical examination or the waiver for at least 3 years from the date of the sale.
If the parent or guardian of any individual under the age of 18 years is a member of any church or religious denomination, whose tenets and practices include reliance upon spiritual means through prayer alone and objects to medical treatment and so states in writing to the hearing instrument dispenser, such individual shall undergo a hearing examination as provided by this Section but no proof, ruling out any medically treatable problem causing hearing loss, shall be required.
If the parent or guardian of any individual under the age 17 or under of 18 years is a member of any church or religious denomination, whose tenets and practices include reliance upon spiritual means through prayer alone and objects to medical treatment and so states in writing to the hearing instrument professional dispenser, such individual shall undergo a hearing examination as provided by this Section but no proof, ruling out any medically treatable problem causing hearing loss, shall be required.
All persons purchasing hearing aids instruments shall be provided with a written statement indicating that formal complaints regarding hearing aid instrument goods or services may be made to the Department and disclosing the address and telephone number of the Department.
All persons purchasing hearing aids instruments shall be provided with a written statement indicating that formal complaints regarding hearing aid instrument goods or services may be made to the Department and disclosing the SB1721 Enrolled - 18 - LRB103 27016 AMQ 53383 b address and telephone number of the Department.
SB1721 Engrossed - 18 - LRB103 27016 AMQ 53383 b Any person wishing to make a complaint, against a hearing instrument dispenser under this Act, shall file it with the Department within 3 years from the date of the action upon which the complaint is based.
Any person wishing to make a complaint, against a hearing instrument professional dispenser under this Act, shall file it with the Department within 3 years from the date of the action upon which the complaint is based.
(a) A hearing instrument professional shall not sell a prescription hearing aid to anyone under 18 years of age unless the prospective user has presented to the hearing instrument professional a written statement, signed by a licensed physician, that states that the patient's hearing loss has been medically evaluated and the patient is considered a candidate for a hearing aid.
(a) A hearing instrument professional may dispense a hearing aid to a person age 17 or younger in accordance with the requirements of this Section.
(b) A hearing instrument professional shall not sell a prescription hearing aid to anyone age 17 or younger unless the prospective user has presented to the hearing instrument professional a written statement, signed by a licensed physician, that states that the patient's hearing loss has been medically evaluated and the patient is considered a SB1721 Enrolled - 19 - LRB103 27016 AMQ 53383 b candidate for a hearing aid.
SB1721 Engrossed - 19 - LRB103 27016 AMQ 53383 b (b) A person age 17 or younger must be medically evaluated in person by a physician before receiving a prescription for a hearing aid.
(c) A person age 17 or younger must be medically evaluated in person by a physician before receiving a prescription for a hearing aid.
(c) Following a medical evaluation by a licensed physician, a hearing instrument professional other than the evaluating physician may prescribe a prescription hearing aid for an individual age 17 or younger.
(d) Following a medical evaluation by a licensed physician, a licensed audiologist or a licensed physician other than the evaluating physician may prescribe a prescription hearing aid for an individual age 17 or younger.
A person age 17 or younger may not waive the medical evaluation or receipt of a prescription from a hearing instrument professional unless the person is replacing a lost or stolen hearing aid that is subject to warranty replacement.
A person age 17 or younger may not waive the medical evaluation or receipt of a prescription from a licensed audiologist or a licensed physician unless the person is replacing a lost or stolen hearing aid that is subject to warranty replacement.
(d) A hearing aid prescription for individuals age 17 or younger issued by a hearing instrument professional other than the evaluating physician must include, at a minimum, the following information:
(e) A hearing aid prescription for individuals age 17 or younger issued by a licensed audiologist or a licensed physician other than the evaluating physician must include, at a minimum, the following information:
(4) expiration date of the prescription, which may not exceed 6 months from the date of issuance;
(4) expiration date of the prescription, which may not SB1721 Enrolled - 20 - LRB103 27016 AMQ 53383 b exceed 6 months from the date of issuance;
(5) name and license number of the prescribing hearing instrument professional;
(5) name and license number of the prescribing licensed audiologist or licensed physician;
(i) SB1721 Engrossed - 20 - LRB103 27016 AMQ 53383 b age-appropriate pure-tone air conduction audiometry or results of auditory evoked potential testing, including, but not limited to, auditory brainstem response or otoacoustic emissions testing;
(i) age-appropriate pure-tone air conduction audiometry or results of auditory evoked potential testing, including, but not limited to, auditory brainstem response or otoacoustic emissions testing;
(a) A person age 18 or older must be evaluated by a hearing instrument professional in person or via telehealth before receiving a prescription for a hearing aid.
(a) A hearing instrument professional may dispense a hearing aid to a person age 18 or older in accordance with the requirements of this Section.
A person age 18 or older may not waive evaluation by a hearing instrument professional unless he or she is replacing a lost or stolen hearing aid that is subject to warranty replacement.
(b) A person age 18 or older must be evaluated by a hearing instrument professional in person or via telehealth before receiving a prescription for a hearing aid.
(b) A hearing instrument professional shall not sell prescription hearing aid to anyone age 18 or older if the prospective user had a negative finding on the Consumer Ear Disease Risk Assessment or a similar standardized assessment.
A person age 18 or older may not waive evaluation by a hearing instrument professional unless he or she is replacing a lost or stolen SB1721 Enrolled - 21 - LRB103 27016 AMQ 53383 b hearing aid that is subject to warranty replacement.
The prospective user shall present to the hearing instrument professional a written statement, signed by a licensed SB1721 Engrossed - 21 - LRB103 27016 AMQ 53383 b physician, which states that the patient's hearing loss has been medically evaluated and the patient is considered a candidate for a prescription hearing aid.
(c) A hearing instrument professional shall not sell prescription hearing aid to anyone age 18 or older if the prospective user had a negative finding on the Consumer Ear Disease Risk Assessment or a similar standardized assessment.
The prospective user who had a negative finding on the Consumer Ear Disease Risk Assessment or similar standardized assessment shall present to the hearing instrument professional a written statement, signed by a licensed physician, which states that the patient's hearing loss has been medically evaluated and the patient is considered a candidate for a prescription hearing aid.
(c) A hearing aid prescription for individuals age 18 or older must include, at a minimum, the following information:
(d) A hearing aid prescription for individuals age 18 or older must include, at a minimum, the following information:
(B) pure-tone air conduction audiometry;
SB1721 Enrolled - 22 - LRB103 27016 AMQ 53383 b (B) pure-tone air conduction audiometry;
SB1721 Engrossed - 22 - LRB103 27016 AMQ 53383 b and (7) documentation of medical necessity of the recommended features of a hearing aid.
and (7) documentation of medical necessity of the recommended features of a hearing aid.
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Individuals licensed pursuant to the provisions of Section 8 of this Act shall be deemed qualified to provide tests of human hearing and hearing aid instrument evaluations for the purpose of dispensing a hearing aid instrument for which any State agency may contract.
Individuals licensed pursuant to the provisions of Section 8 of this Act shall be deemed qualified to provide tests of human hearing and hearing aid instrument evaluations for the purpose SB1721 Enrolled - 23 - LRB103 27016 AMQ 53383 b of dispensing a hearing aid instrument for which any State agency may contract.
SB1721 Engrossed - 23 - LRB103 27016 AMQ 53383 b Except for violations of the provisions of this Act, or the rules promulgated under it, nothing in this Act shall prohibit a corporation, partnership, trust, association, or other entity from engaging in the business of testing, fitting, servicing, selecting, dispensing, selling, or offering for sale hearing aid instruments at retail without a license, provided it employs only licensed individuals in the direct testing, fitting, servicing, selecting, offering for sale, or dispensing of such products.
Except for violations of the provisions of this Act, or the rules promulgated under it, nothing in this Act shall prohibit a corporation, partnership, trust, association, or other entity from engaging in the business of testing, fitting, servicing, selecting, dispensing, selling, or offering for sale hearing aid instruments at retail without a license, provided it employs only licensed individuals in the direct testing, fitting, servicing, selecting, offering for sale, or dispensing of such products.
Each such corporation, partnership, trust, association, or other entity shall file with the Department, prior to doing business in this State and by July 1 of each calendar year thereafter, on forms prescribed by the Department, a list of all licensed hearing instrument dispensers employed by it and a statement attesting that it complies with this Act and the rules promulgated under it and the regulations of the Federal Food and Drug Administration and the Federal Trade Commission insofar as they are applicable.
Each such corporation, partnership, trust, association, or other entity shall file with the Department, prior to doing business in this State and by July 1 of each calendar year thereafter, on forms prescribed by the Department, a list of all licensed hearing instrument dispensers employed by it and a statement attesting that it complies with this Act and the rules promulgated under it and the regulations of the Federal Food and Drug Administration and the Federal Trade Commission insofar as SB1721 Enrolled - 24 - LRB103 27016 AMQ 53383 b they are applicable.
Nothing in this Act shall prohibit a corporation, partnership, trust, association, or other organization, maintaining an established business address, from engaging in the business of selling or offering SB1721 Engrossed - 24 - LRB103 27016 AMQ 53383 b for sale hearing aids instruments at retail by mail or by Internet to persons 18 years of age or older who have not been examined by a licensed physician or tested by a licensed hearing instrument dispenser provided that:
Nothing in this Act shall prohibit a corporation, partnership, trust, association, or other organization, maintaining an established business address, from engaging in the business of selling or offering for sale hearing aids instruments at retail by mail or by Internet to persons 18 years of age or older who have not been examined by a licensed physician or tested by a licensed hearing instrument professional dispenser provided that:
(2) the organization's principal business address and the name and address of its agent in this State authorized to receive service of process;
(2) the organization's principal business address and SB1721 Enrolled - 25 - LRB103 27016 AMQ 53383 b the name and address of its agent in this State authorized to receive service of process;
(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, SB1721 Engrossed - 25 - LRB103 27016 AMQ 53383 b and other principal executive officers, if the organization is a corporation, association, or other similar entity;
(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;
(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, and a description thereof;
(i) has during the 5-year 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, and a description thereof;
or (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 SB1721 Enrolled - 26 - LRB103 27016 AMQ 53383 b (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 (iv) has during the 5-year 5 year period SB1721 Engrossed - 26 - LRB103 27016 AMQ 53383 b immediately preceding the date of the disclosure statement had entered against such person or organization a final judgment in any material civil proceeding, and a description thereof;
or (iv) has during the 5-year 5 year period immediately preceding the date of the disclosure statement had entered against such person or organization a final judgment in any material civil proceeding, and a description thereof;
(7) a financial statement of the organization as of the close of the most recent fiscal year of the organization.
(7) a financial statement of the organization as of SB1721 Enrolled - 27 - LRB103 27016 AMQ 53383 b the close of the most recent fiscal year of the organization.
SB1721 Engrossed - 27 - LRB103 27016 AMQ 53383 b (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;
(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;
"This is not a hearing instrument or hearing aid as defined in the Hearing Instrument Consumer Protection Act, but a personal sound amplification product amplifier and not intended to replace a properly fitted and calibrated hearing aid or treat hearing loss instrument.".
SB1721 Enrolled - 28 - LRB103 27016 AMQ 53383 b "This is not a hearing instrument or hearing aid as defined in the Hearing Instrument Consumer Protection Act, but a personal sound amplification product amplifier and not intended to replace a properly fitted and calibrated hearing aid or treat hearing loss instrument.".
SB1721 Engrossed - 28 - LRB103 27016 AMQ 53383 b (d) The organization files with the Department at the time 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.
(d) The organization files with the Department at the time 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.
(e) Before dispensing a hearing aid by mail or over the Internet instrument to a resident of this State, the organization informs the prospective users that they need to obtain a prescription issued by a hearing instrument professional that meets the requirements of Section 4.5 of this Act.
(e) Before dispensing a hearing aid by mail or over the Internet instrument to a resident of this State, the organization informs (i) the parent or guardian of a person age 17 or younger that he or she must obtain a prescription issued by a licensed audiologist or licensed physician that meets the requirements of Section 4.5 or (ii) a person age 18 or older that he or she must obtain a prescription issued by a hearing instrument professional that meets the requirements of SB1721 Enrolled - 29 - LRB103 27016 AMQ 53383 b Section 4.6.
the following for proper fitting of a hearing instrument:
the prospective users that they need the following for proper fitting of a hearing instrument:
SB1721 Engrossed - 29 - LRB103 27016 AMQ 53383 b (1) informs the prospective user that the exercise of the waiver is not in the user's best health interest;
(1) informs the prospective user that the exercise of the waiver is not in the user's best health interest;
(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 the ear, before purchasing a hearing instrument;
(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 SB1721 Enrolled - 30 - LRB103 27016 AMQ 53383 b the ear, before purchasing a hearing instrument;
I do not wish either a medical evaluation or test before purchasing a hearing instrument." (g) Where a sale, lease, or rental of prescription hearing aids are instruments is sold or contracted to be sold to a consumer by mail order or via the Internet, the consumer may void the contract or sale by notifying the seller within 45 business days following that day on which the hearing aids instruments were mailed by the seller to the consumer and by returning to the seller in its original condition any hearing SB1721 Engrossed - 30 - LRB103 27016 AMQ 53383 b aids instrument delivered to the consumer under the contract or sale.
I do not wish either a medical evaluation or test before purchasing a hearing instrument." (g) Where a sale, lease, or rental of prescription hearing aids are instruments is sold or contracted to be sold to a consumer by mail order or via the Internet, the consumer may void the contract or sale by notifying the seller within 45 business days following that day on which the hearing aids instruments were mailed by the seller to the consumer and by returning to the seller in its original condition any hearing aids instrument delivered to the consumer under the contract or sale.
"You, the buyer, may cancel this transaction at any time prior to midnight of the 45th business day after the date of this transaction.
SB1721 Enrolled - 31 - LRB103 27016 AMQ 53383 b "You, the buyer, may cancel this transaction at any time prior to midnight of the 45th business day after the date of this transaction.
(DATE) SB1721 Engrossed - 31 - LRB103 27016 AMQ 53383 b YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
(DATE) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 45 BUSINESS DAYS FROM THE ABOVE DATE.
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 telephone number) NO LATER THAN MIDNIGHT OF ...........(date).
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED SB1721 Enrolled - 32 - LRB103 27016 AMQ 53383 b 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 telephone number) NO LATER THAN MIDNIGHT OF ...........(date).
The 45-day period does not commence until the consumer is furnished the Notice of Cancellation and the address and phone number at SB1721 Engrossed - 32 - LRB103 27016 AMQ 53383 b which such notice to the seller can be given.
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.
(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 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;
(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 SB1721 Enrolled - 33 - LRB103 27016 AMQ 53383 b 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;
(6) fail or refuse to honor any valid notice of SB1721 Engrossed - 33 - LRB103 27016 AMQ 53383 b 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 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;
(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 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;
or (8) fail to provide the consumer of a hearing aid instrument with written information stating the name, address, and telephone number of the Department and informing the consumer that complaints regarding hearing aid instrument goods or services may be made to the Department.
or (8) fail to SB1721 Enrolled - 34 - LRB103 27016 AMQ 53383 b provide the consumer of a hearing aid instrument with written information stating the name, address, and telephone number of the Department and informing the consumer that complaints regarding hearing aid instrument goods or services may be made to the Department.
(h) The organization employs only licensed audiologists and licensed hearing instrument dispensers in the dispensing of hearing aids instruments and files with the Department, by January 1 of each year, a list of all licensed audiologists and licensed hearing instrument dispensers employed by it.
(h) The organization employs only licensed hearing instrument professionals dispensers in the dispensing of hearing aids instruments and files with the Department, by January 1 of each year, a list of all licensed hearing instrument professionals dispensers employed by it.
7407) SB1721 Engrossed - 34 - LRB103 27016 AMQ 53383 b (Section scheduled to be repealed on January 1, 2026) Sec.
7407) (Section scheduled to be repealed on January 1, 2026) Sec.
(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.
(c) Audiologists licensed under the Illinois SB1721 Enrolled - 35 - LRB103 27016 AMQ 53383 b 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.
(d) Hearing aid dispensing technicians are exempt from licensure under this Act but are otherwise subject to the practices and provisions of this Act.
(d) Hearing aid technicians are exempt from licensure under this Act but are otherwise subject to the practices and provisions of this Act.
(a) In order to protect persons who are deaf or hard of hearing, the Department shall authorize or shall conduct an SB1721 Engrossed - 35 - LRB103 27016 AMQ 53383 b appropriate examination, which may be the International Hearing Society's licensure examination, for persons who dispense, test, select, recommend, fit, or service hearing aids instruments.
(a) In order to protect persons who are deaf or hard of hearing, the Department shall authorize or shall conduct an appropriate examination, which may be the International Hearing Society's licensure examination, for persons who dispense, test, select, recommend, fit, or service hearing aids instruments.
(4) free of contagious or infectious disease;
SB1721 Enrolled - 36 - LRB103 27016 AMQ 53383 b (4) free of contagious or infectious disease;
(c) Prior to engaging in the practice of fitting, dispensing, or servicing hearing aids instruments, an applicant shall demonstrate, by means of written and practical examinations, that such person is qualified to practice the testing, selecting, recommending, fitting, selling, or SB1721 Engrossed - 36 - LRB103 27016 AMQ 53383 b servicing of hearing aids instruments as defined in this Act.
(c) Prior to engaging in the practice of prescribing, fitting, dispensing, or servicing hearing aids instruments, an applicant shall demonstrate, by means of written and practical examinations, that such person is qualified to practice the testing, selecting, recommending, fitting, selling, or servicing of hearing aids instruments as defined in this Act.
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.
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 SB1721 Enrolled - 37 - LRB103 27016 AMQ 53383 b Guard or Armed Forces, had an extreme hardship, or obtained his or her license by examination or endorsement within the preceding renewal period.
In addition, the applicant must demonstrate the successful completion of (1) 12 semester hours or 18 quarter hours of academic undergraduate course SB1721 Engrossed - 37 - LRB103 27016 AMQ 53383 b work in an accredited institution consisting of 3 semester hours of anatomy and physiology of the 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 or (2) an equivalent program as determined by the Department that is consistent with the scope of practice of a hearing instrument dispenser as defined in Section 3 of this Act.
In addition, the applicant must demonstrate the successful completion of (1) 12 semester hours or 18 quarter hours of academic undergraduate course work in an accredited institution consisting of 3 semester hours of anatomy and physiology of the 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 or (2) an equivalent program as determined by the Department that is consistent with the scope of practice of a hearing instrument dispenser as defined in Section 3 of this Act.
5-27-22.) (225 ILCS 50/9) (from Ch.
5-27-22.) SB1721 Enrolled - 38 - LRB103 27016 AMQ 53383 b (225 ILCS 50/9) (from Ch.
(b) Practical tests of proficiency in techniques as SB1721 Engrossed - 38 - LRB103 27016 AMQ 53383 b they pertain to the fitting of hearing aids instruments shall be prescribed by the Department, set forth by rule, and include candidate qualifications in the following areas:
(b) Practical tests of proficiency in techniques as they pertain to the fitting of hearing aids instruments shall be prescribed by the Department, set forth by rule, and include candidate qualifications in the following areas:
(6) proper maintenance procedures;
SB1721 Enrolled - 39 - LRB103 27016 AMQ 53383 b (6) proper maintenance procedures;
SB1721 Engrossed - 39 - LRB103 27016 AMQ 53383 b (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) 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.
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 shall be physically present anytime the trainee has contact with the client.
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 SB1721 Enrolled - 40 - LRB103 27016 AMQ 53383 b shall be physically present anytime the trainee has contact with the client.
The trainee must complete a hearing instrument consumer protection program license verification form for each supervising licensed hearing SB1721 Engrossed - 40 - LRB103 27016 AMQ 53383 b instrument professional.
The trainee must complete a hearing instrument consumer protection program license verification form for each supervising licensed hearing instrument professional.
(1) packaging and mailing earmold orders, repaired devices, and manufacturer or lab returns;
(1) packaging and mailing earmold orders, repaired SB1721 Enrolled - 41 - LRB103 27016 AMQ 53383 b devices, and manufacturer or lab returns;
(7) instructing patients in proper use and care of SB1721 Engrossed - 41 - LRB103 27016 AMQ 53383 b hearing aids and other amplification devices;
(7) instructing patients in proper use and care of hearing aids and other amplification devices;
7414) (Section scheduled to be repealed on January 1, 2026) Sec.
7414) (Section scheduled to be repealed on January 1, 2026) SB1721 Enrolled - 42 - LRB103 27016 AMQ 53383 b Sec.
SB1721 Engrossed - 42 - LRB103 27016 AMQ 53383 b (f) To consider all recommendations and requests of the Board and to inform it of all actions of the Department insofar as hearing instrument dispensers are concerned, including any instances where the actions of the Department are contrary to the recommendations of the Board;
(f) To consider all recommendations and requests of the Board and to inform it of all actions of the Department insofar as hearing instrument dispensers are concerned, including any instances where the actions of the Department are contrary to the recommendations of the Board;
7416) (Section scheduled to be repealed on January 1, 2026) Sec.
7416) SB1721 Enrolled - 43 - LRB103 27016 AMQ 53383 b (Section scheduled to be repealed on January 1, 2026) Sec.
and 2 one shall be a licensed SB1721 Engrossed - 43 - LRB103 27016 AMQ 53383 b audiologist.
and 2 one shall be a licensed audiologist.
No member of the Board who has served 2 successive, full terms may be reappointed.
No member of the Board who has served 2 SB1721 Enrolled - 44 - LRB103 27016 AMQ 53383 b successive, full terms may be reappointed.
The Board shall respond to issues and problems relating to SB1721 Engrossed - 44 - LRB103 27016 AMQ 53383 b the improvement of services to the deaf or hard of hearing and shall make such recommendations as it considers advisable.
The Board shall respond to issues and problems relating to the improvement of services to the deaf or hard of hearing and shall make such recommendations as it considers advisable.
Continuing education credit A minimum of 2 hours of continuing education credit per licensing period must include a minimum of (i) 2 hours be obtained in Illinois law and ethics, (ii) one hour in sexual harassment prevention training, and (iii) one hour in implicit bias awareness.
Continuing education credit A minimum of 2 hours of continuing education credit per SB1721 Enrolled - 45 - LRB103 27016 AMQ 53383 b licensing period must include a minimum of (i) 2 hours be obtained in Illinois law and ethics, (ii) one hour in sexual harassment prevention training, and (iii) one hour in implicit bias awareness.
The Board shall hear charges brought by any person against hearing instrument dispensers and shall recommend disciplinary SB1721 Engrossed - 45 - LRB103 27016 AMQ 53383 b action to the Director.
The Board shall hear charges brought by any person against hearing instrument dispensers and shall recommend disciplinary action to the Director.
(a) Material misstatement in furnishing information to the Department or to any other State or federal agency.
(a) Material misstatement in furnishing information to SB1721 Enrolled - 46 - LRB103 27016 AMQ 53383 b the Department or to any other State or federal agency.
SB1721 Engrossed - 46 - LRB103 27016 AMQ 53383 b (g) Aiding or assisting another person in violating any provision of this Act or the rules promulgated hereunder.
(g) Aiding or assisting another person in violating any provision of this Act or the rules promulgated hereunder.
(k) Habitual intoxication or addiction to the use of drugs.
(k) Habitual intoxication or addiction to the use of SB1721 Enrolled - 47 - LRB103 27016 AMQ 53383 b drugs.
SB1721 Engrossed - 47 - LRB103 27016 AMQ 53383 b Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.
Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.
(p) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(p) Willfully failing to report an instance of SB1721 Enrolled - 48 - LRB103 27016 AMQ 53383 b suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(2) contains a false statement as to the licensee's professional achievements, education, SB1721 Engrossed - 48 - LRB103 27016 AMQ 53383 b skills, or qualifications in the hearing instrument dispensing profession;
(2) contains a false statement as to the licensee's professional achievements, education, skills, or qualifications in the hearing instrument dispensing profession;
(4) contains a representation that a product innovation is new when, in fact, the product was first offered by the manufacturer to the general public in this State not less than 12 months before the date of the advertisement;
SB1721 Enrolled - 49 - LRB103 27016 AMQ 53383 b (4) contains a representation that a product innovation is new when, in fact, the product was first offered by the manufacturer to the general public in this State not less than 12 months before the date of the advertisement;
or (6) contains information that the licensee manufactures hearing instruments at the licensee's office location unless the following statement includes a statement disclosing that the instruments are manufactured by a specified manufacturer and SB1721 Engrossed - 49 - LRB103 27016 AMQ 53383 b assembled by the licensee.
or (6) contains information that the licensee manufactures hearing instruments at the licensee's office location unless the following statement includes a statement disclosing that the instruments are manufactured by a specified manufacturer and assembled by the licensee.
(u) Representing that the service of a licensed physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of hearing instruments or hearing aids when that is not true, or using the words "doctor", "audiologist", "clinic", "Clinical Audiologist", "Certified Hearing Aid Audiologist", "State Licensed", "State Certified", "Hearing Instrument Care Professional", "Licensed Hearing Instrument Dispenser", "Licensed Hearing Aid Dispenser", "Board Certified Hearing Instrument Specialist", "Hearing Instrument Specialist", "Licensed Audiologist", or any other term, abbreviation, or symbol which would give the impression that service is being provided by persons who are licensed or awarded a degree or title, or that an entity utilizes the services of an individual who is licensed or has been awarded a degree or title, or that the person's service who is holding the license has been recommended by a governmental agency or health provider, when such is not the case.
(u) Representing that the service of a licensed physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of hearing instruments or hearing aids when that is not true, or using the words "doctor", "audiologist", "clinic", "Clinical Audiologist", "Certified Hearing Aid Audiologist", "State Licensed", "State Certified", "Hearing Instrument Care Professional", "Licensed Hearing Instrument Dispenser", "Licensed Hearing Aid Dispenser", SB1721 Enrolled - 50 - LRB103 27016 AMQ 53383 b "Board Certified Hearing Instrument Specialist", "Hearing Instrument Specialist", "Licensed Audiologist", or any other term, abbreviation, or symbol which would give the impression that service is being provided by persons who are licensed or awarded a degree or title, or that an entity utilizes the services of an individual who is licensed or has been awarded a degree or title, or that the person's service who is holding the license has been recommended by a governmental agency or health provider, when such is not the case.
SB1721 Engrossed - 50 - LRB103 27016 AMQ 53383 b (w) Directly or indirectly giving or offering anything of value to any person who advises another in a professional capacity, as an inducement to influence the purchase of a product sold or offered for sale by a hearing instrument dispenser or influencing persons to refrain from dealing in the products of competitors.
(w) Directly or indirectly giving or offering anything of value to any person who advises another in a professional capacity, as an inducement to influence the purchase of a product sold or offered for sale by a hearing instrument dispenser or influencing persons to refrain from dealing in the products of competitors.
(z) Dispensing a hearing instrument to a person who has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of prescription hearing aids instruments, except where there is the replacement of a hearing instrument, of the same make and model within one year of the dispensing of the original hearing instrument.
(z) Dispensing a hearing instrument to a person who has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of SB1721 Enrolled - 51 - LRB103 27016 AMQ 53383 b prescription hearing aids instruments, except where there is the replacement of a hearing instrument, of the same make and model within one year of the dispensing of the original hearing instrument.
(dd) Violating the Health Care Worker Self-Referral SB1721 Engrossed - 51 - LRB103 27016 AMQ 53383 b Act.
(dd) Violating the Health Care Worker Self-Referral Act.
The imposition by the Department of a fine for any violation does not bar the violation from being alleged in subsequent disciplinary proceedings.
The imposition by the Department of a SB1721 Enrolled - 52 - LRB103 27016 AMQ 53383 b fine for any violation does not bar the violation from being alleged in subsequent disciplinary proceedings.
(a) The practice of fitting, dispensing, and servicing hearing instruments or hearing aids by any person not at that time in possession of a valid and current license under this Act is hereby declared to be a Class A misdemeanor.
(a) The practice of prescribing, fitting, dispensing, and servicing hearing instruments or hearing aids by any person not at that time in possession of a valid and current license under this Act is hereby declared to be a Class A misdemeanor.
The Director of the Department, through the Attorney General or SB1721 Engrossed - 52 - LRB103 27016 AMQ 53383 b the State's Attorney of any county, may maintain an action in the name of the people of the State of Illinois and may apply for an injunction in the circuit court to enjoin such person from engaging in such practice.
The Director of the Department, through the Attorney General or the State's Attorney of any county, may maintain an action in the name of the people of the State of Illinois and may apply for an injunction in the circuit court to enjoin such person from engaging in such practice.
A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as other civil cases.
A copy of the verified complaint shall be served upon the defendant and the SB1721 Enrolled - 53 - LRB103 27016 AMQ 53383 b proceedings shall thereafter be conducted as other civil cases.
Any SB1721 Engrossed - 53 - LRB103 27016 AMQ 53383 b such costs that may accrue to the Department shall be placed in the Fund.
Any such costs that may accrue to the Department shall be placed in the Fund.
(b) A person who engages in the selling of hearing instruments or hearing aids or the practice of fitting, dispensing, or servicing hearing instruments or hearing aids or displays a sign, advertises, or represents himself or herself as a person who practices the fitting and selling of hearing instruments or hearing aids without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense, as determined by the Department.
(b) A person who engages in the selling of hearing instruments or hearing aids or the practice of prescribing, fitting, dispensing, or servicing hearing instruments or hearing aids or displays a sign, advertises, or represents himself or herself as a person who practices the fitting and selling of hearing instruments or hearing aids without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense, as determined by the Department.
The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
The civil penalty shall be assessed by the Department after a hearing is held in SB1721 Enrolled - 54 - LRB103 27016 AMQ 53383 b accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
7420) (Section scheduled to be repealed on January 1, 2026) SB1721 Engrossed - 54 - LRB103 27016 AMQ 53383 b Sec.
7420) (Section scheduled to be repealed on January 1, 2026) Sec.
If such person has not practiced in any jurisdiction for 2 years or more, he or she shall be required to restore his or her license by retaking and passing the examinations required in Section 8.
If such person has not SB1721 Enrolled - 55 - LRB103 27016 AMQ 53383 b practiced in any jurisdiction for 2 years or more, he or she shall be required to restore his or her license by retaking and passing the examinations required in Section 8.
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The bill amends the Public Utilities Act to clarify provisions regarding telecommunications services for individuals with hearing or speech disabilities.

  • 220 ILCS 5/13-703

    Section scheduled to be repealed on December 31, 2026

    Eliminates the scheduled repeal of this section, allowing it to remain in effect beyond December 31, 2026.

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Public Act . . . . . . . . . 103-0495

  2. Effective Date January 1, 2024

  3. Governor Approved

  4. Sent to the Governor

  5. Added as Co-Sponsor Sen. Laura M. Murphy

  6. Passed Both Houses

  7. Senate Concurs

  8. House Committee Amendment No. 1 Senate Concurs 057-000-000

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Health and Human Services; 009-000-000

  10. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Health and Human Services

  11. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Laura Fine

  13. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 11, 2023

  14. Secretary's Desk - Concurrence House Amendment(s) 1

  15. Third Reading - Short Debate - Passed 112-000-000

  16. Added Alternate Co-Sponsor Rep. Jenn Ladisch Douglass

  17. Placed on Calendar Order of 3rd Reading - Short Debate

  18. Second Reading - Short Debate

  19. Placed on Calendar 2nd Reading - Short Debate

  20. Added Alternate Chief Co-Sponsor Rep. Maura Hirschauer

  21. Alternate Chief Co-Sponsor Changed to Rep. Laura Faver Dias

  22. Added Alternate Chief Co-Sponsor Rep. Nabeela Syed

  23. Added Alternate Chief Co-Sponsor Rep. Sharon Chung

  24. Added Alternate Co-Sponsor Rep. Gregg Johnson

  25. Added Alternate Co-Sponsor Rep. Mary Gill

  26. Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit

  27. Added Alternate Co-Sponsor Rep. Joyce Mason

  28. Added Alternate Co-Sponsor Rep. Patrick Windhorst

  29. Added Alternate Co-Sponsor Rep. Norine K. Hammond

  30. Added Alternate Co-Sponsor Rep. Mary Beth Canty

  31. Added Alternate Co-Sponsor Rep. Jawaharial Williams

  32. Do Pass as Amended / Short Debate Health Care Licenses Committee; 012-000-000

  33. House Committee Amendment No. 1 Adopted in Health Care Licenses Committee; by Voice Vote

  34. House Committee Amendment No. 1 Rules Refers to Health Care Licenses Committee

  35. House Committee Amendment No. 1 Referred to Rules Committee

  36. House Committee Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley

  37. Assigned to Health Care Licenses Committee

  38. Referred to Rules Committee

  39. First Reading

  40. Chief House Sponsor Rep. Natalie A. Manley

  41. Arrived in House

  42. Third Reading - Passed; 057-000-000

  43. Placed on Calendar Order of 3rd Reading

  44. Senate Floor Amendment No. 1 Adopted; Fine

  45. Recalled to Second Reading

  46. Senate Floor Amendment No. 1 Recommend Do Adopt Health and Human Services; 011-000-000

  47. Added as Co-Sponsor Sen. Julie A. Morrison

  48. Senate Floor Amendment No. 1 Assignments Refers to Health and Human Services

  49. Placed on Calendar Order of 3rd Reading March 29, 2023

  50. Second Reading

  51. Senate Floor Amendment No. 1 Referred to Assignments

  52. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Laura Fine

  53. Placed on Calendar Order of 2nd Reading March 9, 2023

  54. Do Pass Health and Human Services; 012-000-000

  55. Assigned to Health and Human Services

  56. Referred to Assignments

  57. First Reading

  58. Filed with Secretary by Sen. Laura Fine

Sponsors

Sponsorship breakdown

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2 sponsors · 14 co-sponsors · 167 not signed on

Sponsors (2)

Not signed on (167)

167 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 32001
Republican 17000
Unaffiliated 8001
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Stoller — Yea
Gillespie — Yea
Bennett — Yea
Harris, N. — Yea
Pacione-Zayas — Yea
Simmons — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Gregg Johnson Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Not Voting
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Willie Preston Democrat Yea
Andrew S. Chesney Republican Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Erica Harriss Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Seth Lewis Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea
Passed 9 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 7002
Republican 1003
Unaffiliated 1000
Total 9005
% of votes cast 64%0%0%36%
How each member voted (14)
Member Party Vote
Stoller, Win — Yea
Doris Turner Democrat Not Voting
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Laura Fine Democrat Yea
Mary Edly-Allen Democrat Not Voting
Mattie Hunter Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Dave Syverson Republican Yea
Jason Plummer Republican Not Voting
Neil Anderson Republican Not Voting
Sue Rezin Republican Not Voting

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 17001
Democrat 63002
Republican 32003
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ortiz — Yea
Ozinga — Yea
Burke — Yea
Robinson — Yea
Carroll — Yea
Egofske — Yea
Marron — Yea
Flowers — Yea
Frese — Yea
Yednock — Yea
Caulkins — Not Voting
Costa Howard — Yea
Faver Dias — Yea
Hernandez, Lisa — Yea
Ladisch Douglass — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Abdelnasser Rashid Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Diane Blair-Sherlock Democrat Yea
Edgar González, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Gregg Johnson Democrat Yea
Harry Benton Democrat Yea
Hoan Huynh Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lilian Jiménez Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Beth Canty Democrat Yea
Mary Gill Democrat Yea
Matt Hanson Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael J. Kelly Democrat Yea
Michelle Mussman Democrat Yea
Nabeela Syed Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Norma Hernandez Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sharon Chung Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Thaddeus Jones Democrat Not Voting
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Not Voting
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Bradley Fritts Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Not Voting
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Not Voting
Dennis Tipsword Republican Yea
Jackie Haas Republican Yea
Jason R. Bunting Republican Yea
Jed Davis Republican Yea
Jeff Keicher Republican Not Voting
Jennifer Sanalitro Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Kevin Schmidt Republican Yea
Martin McLaughlin Republican Yea
Michael J. Coffey, Jr. Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea
Travis Weaver Republican Yea
Wayne A. Rosenthal Republican Yea
William E Hauter Republican Yea

Health Care Licenses

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democrat 6000
Republican 3000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Burke, Kelly M — Yea
Frese, Randy E — Yea
Williams, Jawaharial — Yea
Anna Moeller Democrat Yea
Bob Morgan Democrat Yea
Dagmara Avelar Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Sharon Chung Democrat Yea
Theresa Mah Democrat Yea
Dennis Tipsword Republican Yea
Paul Jacobs Republican Yea
William E Hauter Republican Yea

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 32001
Republican 17000
Unaffiliated 8001
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Stoller — Yea
Gillespie — Yea
Bennett — Yea
Harris, N. — Yea
Pacione-Zayas — Yea
Simmons — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Not Voting
Gregg Johnson Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Willie Preston Democrat Yea
Andrew S. Chesney Republican Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Erica Harriss Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Seth Lewis Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea
Passed 11 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 8000
Unaffiliated 2000
Republican 1003
Total 11003
% of votes cast 79%0%0%21%
How each member voted (14)
Member Party Vote
Pacione-Zayas, Cristina H — Yea
Stoller, Win — Yea
Doris Turner Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Laura Fine Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Dave Syverson Republican Yea
Jason Plummer Republican Not Voting
Neil Anderson Republican Not Voting
Sue Rezin Republican Not Voting

Health and Human Services

Passed 12 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 7001
Republican 3001
Unaffiliated 2000
Total 12002
% of votes cast 86%0%0%14%
How each member voted (14)
Member Party Vote
Pacione-Zayas, Cristina H — Yea
Stoller, Win — Yea
Doris Turner Democrat Not Voting
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Laura Fine Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Dave Syverson Republican Yea
Jason Plummer Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Not Voting

Subjects

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Frequently asked questions

What does SB 1721 do?
Amends the Hearing Instrument Consumer Protection Act. Defines terms. Makes changes of references to "hearing instruments" to "hearing aids" when referring to the instrument or device. Provides that all hearing instruments or hearing aids must be dispensed or sold in accordance with Food and Drug Administration and Federal Trade Commission regulations governing the dispensing and sale of personal sound amplification products or hearing aids. Provides that a person age 17 or younger must be evaluated in person by either a licensed audiologist or a physician before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 17 or younger. Provides that a person age 18 or older must be evaluated by a hearing instrument professional in person or via telehealth before receiving a prescription for a hearing aid. Provides requirements for a hearing aid prescription for individuals age 18 or older. Provides that hearing aid dispensing technicians are exempt from licensure under this Act but are otherwise subject to the practices and provisions of this Act. Provides that a trainee may be supervised by more than one licensed hearing instrument professional. Provides that hearing aid dispensing technicians may be employed by a hearing instrument professional to assist in the dispensing and servicing of hearing instruments without a license. Provides for duties of a hearing aid dispensing technician. Provides that continuing education credit per licensing period must include a minimum of (1) 2 hours in Illinois law and ethics, (2) one hour in sexual harassment prevention training, and (3) one hour in implicit bias awareness (rather than just a minimum of 2 hours in Illinois law and ethics). Makes other changes. Makes a corresponding change to the Public Utilities Act. Effective January 1, 2024.
Who sponsors SB 1721?
SB 1721 is sponsored by Laura Fine (Democrat), Julie A. Morrison (Democrat), Laura M. Murphy (Democrat), Natalie A. Manley (Democrat), Sharon Chung (Democrat), Maura Hirschauer (Democrat), Mary Beth Canty (Democrat), Norine K. Hammond (Republican), Patrick Windhorst (Republican), Joyce Mason (Democrat), Stephanie A. Kifowit (Democrat), Mary Gill (Democrat), Gregg Johnson (Democrat), Williams, Jawaharial, Faver Dias, and Ladisch Douglass.
What is the current status of SB 1721?
This bill has been enacted into law. Introduced February 09, 2023. Enacted.
Where can I track SB 1721?
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