HB3345 - 104th General Assembly


 


 
HB3345 EnrolledLRB104 10473 AAS 20548 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.36 and 4.38 as follows:
 
6    (5 ILCS 80/4.36)
7    Sec. 4.36. Acts repealed on January 1, 2026. The following
8Acts are repealed on January 1, 2026:
9    The Barber, Cosmetology, Esthetics, Hair Braiding, and
10Nail Technology Act of 1985.
11    The Collection Agency Act.
12    The Hearing Instrument Consumer Protection Act.
13    The Illinois Athletic Trainers Practice Act.
14    The Illinois Dental Practice Act.
15    The Illinois Roofing Industry Licensing Act.
16    The Illinois Physical Therapy Act.
17    The Professional Geologist Licensing Act.
18    The Respiratory Care Practice Act.
19(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
2099-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
2199-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
2212-31-15; 99-642, eff. 7-28-16.)
 

 

 

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1    (5 ILCS 80/4.38)
2    Sec. 4.38. Acts repealed on January 1, 2028. The following
3Acts are repealed on January 1, 2028:
4    The Acupuncture Practice Act.
5    The Behavior Analyst Licensing Act.
6    The Clinical Social Work and Social Work Practice Act.
7    The Dietitian Nutritionist Practice Act.
8    The Elevator Safety and Regulation Act.
9    The Fire Equipment Distributor and Employee Regulation Act
10of 2011.
11    The Funeral Directors and Embalmers Licensing Code.
12    The Hearing Instrument Consumer Protection Act.
13    The Home Medical Equipment and Services Provider License
14Act.
15    The Illinois Petroleum Education and Marketing Act.
16    The Illinois Speech-Language Pathology and Audiology
17Practice Act.
18    The Interpreter for the Deaf Licensure Act of 2007.
19    The Music Therapy Licensing and Practice Act.
20    The Naprapathic Practice Act.
21    The Nurse Practice Act.
22    The Nursing Home Administrators Licensing and Disciplinary
23Act.
24    The Pharmacy Practice Act.
25    The Physician Assistant Practice Act of 1987.
26    The Podiatric Medical Practice Act of 1987.

 

 

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1    The Professional Counselor and Clinical Professional
2Counselor Licensing and Practice Act.
3    The Wholesale Drug Distribution Licensing Act.
4(Source: P.A. 102-715, eff. 4-29-22; 102-878, eff. 5-13-22;
5102-879, eff. 5-13-22; 102-880, eff. 5-13-22; 102-881, eff.
65-13-22; 102-882, eff. 5-13-22; 102-945, eff. 5-27-22;
7102-953, eff. 5-27-22; 102-993, eff. 5-27-22; 103-154, eff.
86-30-23.)
 
9    Section 10. The Hearing Instrument Consumer Protection Act
10is amended by changing Sections 8 and 9.5 as follows:
 
11    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 8. Applicant qualifications; examination.
14    (a) In order to protect persons who are deaf or hard of
15hearing, the Department shall authorize or shall conduct an
16appropriate examination, which may be the International
17Hearing Society's licensure examination, for persons who
18dispense, test, select, recommend, fit, or service hearing
19aids. The frequency of holding these examinations shall be
20determined by the Department by rule. Those who successfully
21pass such an examination shall be issued a license as a hearing
22instrument dispenser, which shall be effective for a 2-year
23period.
24    (b) Applicants shall be:

 

 

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1        (1) at least 18 years of age;
2        (2) of good moral character;
3        (3) the holder of an associate's degree or the
4    equivalent;
5        (4) free of contagious or infectious disease; and
6        (5) a citizen or person lawfully present in the United
7    States.
8    Felony convictions of the applicant and findings against
9the applicant involving matters set forth in Sections 17 and
1018 shall be considered in determining moral character, but
11such a conviction or finding shall not make an applicant
12ineligible to register for examination.
13    (c) Prior to engaging in the practice of prescribing,
14fitting, dispensing, or servicing hearing aids, an applicant
15shall demonstrate, by means of written and practical
16examinations, that such person is qualified to practice the
17testing, selecting, recommending, fitting, selling, or
18servicing of hearing aids as defined in this Act. An applicant
19must obtain a license within 12 months after passing either
20the written or practical examination, whichever is passed
21first, or must take and pass those examinations again in order
22to be eligible to receive a license. An applicant may take the
23written examination no more than 4 times in any consecutive
2412-month period.
25    The Department shall, by rule, determine the conditions
26under which an individual is examined.

 

 

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1    (d) Proof of having met the minimum requirements of
2continuing education as determined by the Board shall be
3required of all license renewals. Pursuant to rule, the
4continuing education requirements may, upon petition to the
5Board, be waived in whole or in part if the hearing instrument
6dispenser can demonstrate that he or she served in the Coast
7Guard or Armed Forces, had an extreme hardship, or obtained
8his or her license by examination or endorsement within the
9preceding renewal period.
10    (e) Persons applying for an initial license must
11demonstrate having earned, at a minimum, an associate degree
12or its equivalent from an accredited institution of higher
13education that is recognized by the U.S. Department of
14Education or that meets the U.S. Department of Education
15equivalency as determined through a National Association of
16Credential Evaluation Services (NACES) member, and meet the
17other requirements of this Section. In addition, the applicant
18must demonstrate the successful completion of (1) 12 semester
19hours or 18 quarter hours of academic undergraduate course
20work in an accredited institution consisting of 3 semester
21hours of anatomy and physiology of the hearing mechanism, 3
22semester hours of hearing science, 3 semester hours of
23introduction to audiology, and 3 semester hours of aural
24rehabilitation, or the quarter hour equivalent or (2) an
25equivalent program as determined by the Department that is
26consistent with the scope of practice of a hearing instrument

 

 

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1dispenser as defined in Section 3 of this Act. Persons
2licensed before January 1, 2003 who have a valid license on
3that date may have their license renewed without meeting the
4requirements of this subsection.
5(Source: P.A. 102-1030, eff. 5-27-22; 103-495, eff. 1-1-24.)
 
6    (225 ILCS 50/9.5)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 9.5. Trainees.
9    (a) In order to receive a trainee license, a person must
10apply to the Department and provide acceptable evidence of his
11or her completion of the required courses pursuant to
12subsection (e) of Section 8 of this Act, or its equivalent as
13determined by the Department. A trainee license expires 12
14months from the date of issue and may be renewed once for an
15additional 6 months is non-renewable.
16    (b) A trainee shall perform the functions of a hearing
17instrument dispenser in accordance with the Department rules
18and only under the direct supervision of a hearing instrument
19dispenser or audiologist who is licensed in the State. The
20licensed hearing instrument dispenser or audiologist is
21responsible for all of the work that is performed by the
22trainee.
23    (c) The Department may limit the number of trainees that
24may be under the direct supervision of the same licensed
25hearing instrument dispenser or licensed audiologist.

 

 

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1    (d) The Department may establish a trainee licensing fee
2by rule.
3    (e) A trainee may be supervised by more than one licensed
4hearing instrument professional. The trainee must complete a
5hearing instrument consumer protection program license
6verification form for each supervising licensed hearing
7instrument professional.
8(Source: P.A. 103-495, eff. 1-1-24.)
 
9    Section 99. Effective date. This Section and Section 5
10take effect upon becoming law.