TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.100 DEFINITIONS
Section 682.100 Definitions
"Abuse" means any physical or mental injury or
sexual assault, inflicted on a consumer other than by accidental means.
"Act" means the Hearing Instrument Consumer
Protection Act [225 ILCS 50].
"Advertisement" means any printed or spoken
information that is provided to the public group, pursuant to the practice of
fitting, dispensing or servicing hearing instruments or by persons engaged in
these activities.
"Audiometric Test" means any test, using calibrated
audiometric equipment, to determine the status of the hearing system.
"Authorized
Designee" means any organization that is approved by the Department to
offer and conduct a written or practical examination in accordance with
Department guidelines.
"Board" means the Hearing Instrument Consumer
Protection Board. (Section 3 of the Act)
"Cost" means any expense resulting from activities
mandated by the Hearing Instrument Consumer Protection Act or this Part.
"Decibel" or "dB" means a numerical
expression of the relative intensity of a sound.
"Department" means the Department of Public
Health. (Section 3(a) of the Act)
"Direct
Supervision" means that the licensed hearing instrument
dispenser/audiologist designated as supervisor of a licensed trainee shall
give final approval to all work performed by the trainee, shall sign
off on all progress notes and contracts, and shall be physically present
100 percent of the time while the trainee has contact with the client. (Section
9.5 of the Act)
"Director" means the Director of the Department
of Public Health. (Section 3(b) of the Act)
"Disposable Hearing Instrument" or "Disposable
Hearing Aid" means any instrument or device designed, intended, or offered
for the purpose of improving a person's hearing that uses a self-contained, non-renewable,
non-replaceable battery of limited life span.
"Entity" means a person or group of persons engaged
in dispensing activities.
"Fund" means the Hearing Instrument Dispenser
Examining and Disciplinary Fund. (Section 3 of the Act)
"Hearing Care Professional" means a person who
is a licensed audiologist, a licensed hearing instrument dispenser, or a
licensed physician. (Section 3 of the Act)
"Hearing Instrument" or "Hearing
Aid" means any instrument or device designed, intended, or offered
for the purpose of improving a person's hearing and any parts,
attachments, or accessories, including earmold. Batteries, cords,
and individual or group auditory training devices and any instrument or
device used by a public utility in providing telephone or other communication
services are excluded. (Section 3(i) of the Act)
"Hearing Instrument Dispenser" or
"Dispenser" means a person who is a hearing care
professional that engages in the selling, practice of fitting, selecting,
recommending, dispensing, or servicing of hearing instruments
or the testing for means of hearing instrument selection or who
advertises or displays a sign or represents himself or herself as
a person who practices the testing, fitting, selecting,
servicing, dispensing, or selling of hearing instruments.
(Section 3 of the Act)
"Liability Insurance" means malpractice insurance
in the minimum amount of $200,000.
"License" means a license issued by the State
under the Act to a hearing instrument dispenser.
(Section 3 of the Act)
"Licensed Audiologist" means a person licensed
as an audiologist under the Illinois Speech-Language Pathology and Audiology Practice
Act [225 ILCS 110] (Section 3 of the Act)
"Licensed Hearing Instrument Dispenser" or "Licensee"
means a hearing instrument dispenser who has met the educational requirements,
has passed the Department's required Hearing Instrument Dispenser Examinations,
and has paid the appropriate fees for the license.
"Licensed Physician" or "Physician" means
a physician licensed in Illinois to practice medicine in all of its branches,
pursuant to the Medical Practice Act of 1987 [225 ILCS 60]. (Section 3
of the Act)
"Masking" means the process by which a second sound
stimulus is introduced to the non-test ear to isolate the response of the test
ear from that of the non-test ear.
"Medical Evaluation" means 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 hearing instrument. The medical evaluation must
have taken place within 6 months immediately preceding the date of the sale
of the hearing instrument to the prospective hearing instrument
user. (Section 4 of the Act)
"Most Comfortable Loudness" or "MCL"
means a level at which sound is most comfortable for the client, that is,
loudness of sound sufficient and adequate to be easily heard by the listener
without the sound being painful or having disturbing features.
"National Board Certified Hearing Instrument
Specialist" means a person who has had at least 2 years in practice as a
hearing instrument dispenser and has been certified after qualification by
examination by the National Board for Certification in Hearing Instruments
Sciences. (Section 3 of the Act)
"Observer" means a licensed hearing instrument
dispenser/audiologist who directly observes students or licensed trainees engaged
in dispensing activities described in Section 682.215(d).
"Place of Business" means a location where hearing
instruments are exhibited or the services are offered for sale or lease on a
continuing basis; where the hearing instrument purchaser can have personal
contact and counsel with the licensed hearing instrument dispenser/audiologist
and obtain service during the firm's business hours; where the licensed hearing
instrument dispenser/audiologist maintains a depository of all client records;
where the licensee normally conducts business; and that is the address given
for the purpose of retail sales tax to the Illinois Department of Revenue.
"Practice of Fitting, Dispensing or Servicing of Hearing
Instruments " means the measurement of human hearing
with an audiometer, calibrated to the current American
National Standard Institute standards, for the purpose of making selections,
recommendations, adaptations, services, or sales of hearing instruments
including the making of earmolds as part of the hearing instrument.
(Section 3 of the Act)
"Reciprocity" means the licensing of a dispenser who holds a
current license in another State that determines competency through the
International Institute for Hearing Instrument Studies (IIHIS) International
Licensing Examination (ILE) or who holds a valid current license from another
state that has an examination substantially similar to the examination required
under the Act, as determined by the Department.
"Reciprocity
Fee" means a fee equivalent to the fee for one entire administration of
the licensing competency examination (see Section 682.200(a)(3)).
"Sell" or "Sale" means any transfer of
title or of the right to use by lease, bailment, or any other contract,
excluding wholesale transactions with distributors or dealers. (Section 3
of the Act)
"Speech Reception Threshold" means the lowest
hearing level in decibels at which the client can respond correctly to at least
50% of the two-syllable words (spondaic words) presented via recording or live
voice.
"Spondaic Words" means words containing two
syllables that are pronounced with equal emphasis.
"Student" means any non-licensed individual,
involved in supervised hearing instrument dispensing activities, who is
enrolled full-time in a graduate program of audiology in an accredited
college or university. (Section 11 of the Act)
"Supervisor" means the licensed hearing instrument
dispenser or audiologist, with at least two years of practice dispensing
hearing aids, who is responsible for the hearing instrument dispensing
activities of a student or trainee. The licensed hearing instrument
dispenser/audiologist is responsible for all of the work that is performed by
the trainee or student.
"Trainee"
means a person who is licensed to perform the functions of a hearing instrument
dispenser in accordance with this Part and only under the direct
supervision of a hearing instrument dispenser or audiologist who is licensed in
this State. (Section 3 of the Act)
"Uncomfortable Loudness Level" or "UCL"
means the level at which the client indicates that sound is uncomfortably loud.
(Source: Amended at 37 Ill.
Reg. 19331, effective November 13, 2013)
 | TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.105 INCORPORATED AND REFERENCED MATERIALS
Section 682.105 Incorporated
and Referenced Materials
The following materials are
incorporated or referenced in this Part:
a) The following materials are incorporated in this Part:
1) ANSI S3.6-2004
Specifications for Audiometers
American National Standards Institute
1430 Broadway
New York, New York 10018, or
ASA Standards Distribution Center
1650 Bluegrass Lakes Parkway
P.O. Box 6996
Alpharetta GA 30239-6996
(See Sections 682.170(c), 682.170(e)(4), 682.300(b) and
682.300(d))
2) ANSI S3.21-2004
Methods for Pure Tone Threshold Audiometry
American National Standards Institute
1430 Broadway
New York, New York 10018
(See Section 682.300(a))
3) ANSI S3.1-2004
Maximum Permissible Ambient Noise Levels for Audiometric Test
Rooms
American National Standards Institute
1430 Broadway
New York, New York 10018
(See Section 682.300)
b) The following federal regulations are incorporated in this
Part:
1) 21 CFR 801.420: Food and Drug Administration: Hearing aid
devices; professional and patient labeling (April 1, 2010);
2) 21 CFR 801.421: Food and Drug Administration: Hearing aid
devices; conditions for sale (April 1, 2010).
c) The following State rules and State statutes are referenced in
this Part:
1) Practice and Procedures in Administrative Hearings (77 Ill.
Adm. Code 100);
2) Hearing Aid Consumer Protection Continuing Education
Requirements (77 Ill. Adm. Code 3000);
3) Consumer Fraud and Deceptive Business Practices Act [815 ILCS
505];
4) Hearing Instrument Consumer Protection Act [225 ILCS 50]; and
5) Illinois Speech-Language Pathology and Audiology Practice Act
[225 ILCS 110].
d) All incorporations by reference of federal regulations and the
standards of nationally recognized organizations refer to the regulations and
standards on the date specified and do not include any amendments or editions
subsequent to the date specified.
e) Copies of all incorporated materials are available for public inspection
and duplication at the Department's Central Office, Division of Health
Assessment and Screening (535 West Jefferson, Springfield, Illinois 62761).
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.110 INFORMATION REQUIRED FOR HEARING INSTRUMENT USERS
Section 682.110 Information
Required for Hearing Instrument Users
a) Whenever a sale or service of one or more hearing instruments
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 licensed hearing instrument dispenser/audiologist
shall furnish the consumer with a fully completed receipt or contract
pertaining to that transaction, in substantially the same language as that used
in the oral presentation to the consumer. The receipt or contract provided
to the consumer shall contain the dispenser's/audiologist's name,
license number, business address, business phone number, and signature;
the name, address and signature of the hearing instrument consumer;
and the name and signature of the purchaser if the consumer and the
purchaser are not the same; the hearing instrument manufacturer's
name, and the model and serial numbers; the date of purchase; and
the charges required to complete the terms of the sale fully and
clearly stated. When the hearing instrument is delivered to the
consumer or purchaser, the serial number shall be written on the original
receipt or contract and a copy shall be given to the consumer or purchaser. If
a used hearing instrument is sold, the receipt and the container
thereof shall be clearly marked as "used" or
"reconditioned", whichever is applicable, with terms of guarantee, if
any. (Section 4 of the Act)
b) If a medical evaluation is not obtained, a copy of the medical
waiver shall be presented to the consumer for his/her signature, and a copy of
this document shall be attached to the consumer's copy of the contract/receipt.
The medical waiver shall be a separate document from the contract/receipt.
c) In the sale of disposable hearing instruments, lot numbers may
be substituted on the contract if serial numbers are not designated on
instruments.
d) Whenever a sale of one or more disposable hearing instruments
is made or contracted to be made, whether under a single contract or under
multiple contracts, hearing instruments may be reissued without retesting,
additional medical waivers, or additional contracts for a period of no more
than one year from the date of the original sale; however, the replacement
hearing instruments shall be of the same make, model, and specifications as the
originally sold instruments. In the case of disposable hearing instruments,
the 30-business-day return privilege applies to the first 30 business days from
initial dispensing date regardless of the number of instruments or term of the
contract.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.115 THIRTY-BUSINESS-DAY RETURN PRIVILEGE
Section 682.115
Thirty-Business-Day Return Privilege
a) All hearing instruments offered for sale must be
accompanied by a 30-business-day return privilege. (Section 4 of the Act)
1) At the time the hearing instrument is delivered, the licensed
hearing instrument dispenser/audiologist shall furnish the consumer with a
fully completed receipt or copy of the contract pertaining to the sale that
contains a statement informing the consumer that he or she may return the
hearing instrument for a refund within 30 business days, beginning on the date
of delivery. In immediate proximity to the space reserved in the contract for
the signature of the consumer, there shall be a statement, in bold 10-point
type, in substantially the following form:
You, the buyer, may request a refund within 30 business days after
delivery of the hearing instrument. This refund period extends to
.
(date)
2) If a nonrefundable fee will be withheld from the consumer in
the event of return, the dollar amount shall be clearly stated in 10-point bold
type on the face of the receipt or contract provided to the consumer.
b) If the hearing instruments and/or accessories are returned to
the manufacturer/supplier for adjustment or repair during the 30-business-day
refund period, the refund period will be extended by the number of days that
the hearing instrument is not in the possession of the consumer, affording the
consumer the remainder of the refund period. The extension shall be provided
to the consumer in writing in substantially the following form:
|
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is
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(Purchaser)
|
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being
afforded an extended refund period through
|
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(date)
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on the
hearing instruments with the following serial numbers:
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Signed:
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(Licensed
Dispenser/Audiologist)
|
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.120 DESCRIPTION OF HEARING INSTRUMENTS
Section 682.120 Description
of Hearing Instruments
No terms or combination of terms
may be used, either written or verbal other than "new,"
"used" or "reconditioned."
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.130 CONSUMER COMPLAINT NOTIFICATION CARDS
Section 682.130 Consumer
Complaint Notification Cards
a) A
consumer complaint notification form and poster, provided by the Department ,
shall be used as specified in Section 4 of the Act. The poster shall always be
displayed wherever hearing instrumentsare dispensed, except for "in
home" sales.
b) All
persons purchasing hearing instruments shall be provided with a written
statement in a minimum of 10-point bold type, on the face of the contract or
purchase agreement, indicating that formal complaints regarding hearing
instrument goods and/or services may be made to the Department. The statement
shall give the address of the Department's Hearing Instrument Consumer
Protection Program and the hotline telephone number of the Department. The
purchaser shall initial the statement at the time of purchase.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.140 CONSUMER RECORDS
Section 682.140 Consumer
Records
Required consumer records for
licensed hearing instrument dispensers/audiologists shall be copies of medical
evaluations, medical waivers, all contracts, receipts, and audiometric test
results (audiograms).
a) The full name of the licensed hearing instrument dispenser/audiologist
and the date of the test shall be recorded on the audiogram.
b) When a hearing instrument is sold, as defined in Section 3 of
the Act, copies of all records that are required in this Section shall be
retained at the place of business shown on the contract for a minimum of 36
months. (See 21 CFR 801.421(d) and Section 4 of the Act.)
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.150 INFORMATION TO BE SUBMITTED BY A CORPORATION, PARTNERSHIP, TRUST, ASSOCIATION OR OTHER ENTITY
Section 682.150 Information
to be Submitted by a Corporation, Partnership, Trust, Association or Other
Entity
Each corporation,
partnership, trust, association or other entity engaging in the business of
testing, fitting, servicing, selecting, dispensing,
selling, or offering for sale hearing instruments at retail 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/audiologists employed by it; the business name,
address, county, and phone number; and the name of the owner and/or manager; and
a statement attesting that it complies with the Act and this
Part and the regulations of the Federal Food and Drug Administration (21
CFR 801.420 et seq.) insofar as they are applicable. (Section 5 of the
Act) The Department shall be notified, in writing, of any changes to the
information provided.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.160 INSPECTIONS
Section 682.160 Inspections
The Department shall inspect
places of business where Illinois licensed hearing instrument dispensers/audiologists
are employed. The following shall be inspected: display of the Department poster;
possession of the Department's Consumer Complaint Notification Form; audiometer
calibration data sheet; Notice of Cancellation Forms, contracts/receipts and
medical waiver forms that the licensed hearing instrument dispenser/audiologist
uses. Individual client records shall not be inspected without the written
consent of the client or guardian.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.170 AUDIOMETER CALIBRATIONS
Section 682.170 Audiometer
Calibrations
An annual calibration shall be
conducted on each audiometer used in dispensing hearing instruments.
a) Audiometer calibration data sheets shall be kept on file at
the licensed hearing instrument dispenser's/audiologist's place of business for
four years after the date of calibration.
b) The audiometer calibration data sheet shall include the
following:
1) Audiometer identification, consisting of make, model, and
serial number;
2) The calibrator's identification, consisting of the company
name, the company address, and the name of the individual who conducted the
calibration;
3) Audiometer calibration readings for air and bone conduction,
speech, rise and decay time, and masking;
4) The calibrator's certification that the audiometer meets or
exceeds American National Standards Institute (ANSI) standards (see Section
682.105(a)(1)); and
5) Date of calibration.
c) Calibration shall be accomplished by the manufacturer or a
person equipped with instruments for calibrating audiometers.
d) Calibration of audiometers shall be in accordance with the standards
set by ANSI (see Section 682.105(a)(1)).
e) The licensed hearing instrument dispenser/audiologist shall
indicate the make of the audiometer, the model, serial number, and the date of
the last ANSI calibration for each audiometer used in hearing instrument
dispensing activities on the Audiometer Calibration Form. The Form shall be
signed and shall be presented to the Department upon request.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.180 MAIL ORDER SALES
Section 682.180 Mail Order
Sales
Businesses located in Illinois
and engaged in the mail order/internet sale of hearing instruments shall submit
the following to the Department, by January 1 of each year:
a) A statement that the organization employs only Illinois licensed
hearing instrument dispensers/audiologists in the dispensing of hearing instruments;
b) A list of all licensed hearing instrument dispensers/audiologists
employed by it (Section 6 of the Act); and
c) The
required fee (see Section 682.200(a)(3)).
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.185 IN-OFFICE SALES PROMOTIONS
Section 682.185 In-Office
Sales Promotions
Hearing instrument manufacturer
representatives, who are not Illinois licensed hearing instrument dispensers/audiologists,
conducting in-office sales promotions are prohibited from consumer contact
prior to the testing of hearing and recommendation of a specific hearing
instrument by an Illinois licensed hearing instrument dispenser/audiologist.
The testing or evaluation of a consumer, using electro-acoustic equipment, by a
manufacturer's representative who is not an Illinois licensed hearing
instrument dispenser/audiologist is prohibited.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.190 LIABILITY INSURANCE
Section 682.190 Liability
Insurance
a) All persons licensed under the Act
shall maintain liability insurance (malpractice). (Section 4 of the Act) Ongoing
liability insurance coverage shall be maintained for all claims that might be
brought on account of the licensee's professional activities.
b) If a licensed hearing instrument dispenser/audiologist
possesses liability insurance that provides coverage only while the licensed individual
is dispensing for a particular employer, the licensed hearing instrument
dispenser/audiologist shall not dispense hearing instruments as a self-employee
or for another employer without obtaining separate liability insurance
coverage.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.195 REQUIRED FORMS
Section 682.195 Required
Forms
All forms required in this Part
may be obtained by contacting the Department at 535 West Jefferson,
Springfield, Illinois 62761.
(Source: Added at 17 Ill. Reg. 8825, effective June 10, 1993)
SUBPART B: HEARING INSTRUMENT DISPENSER LICENSE
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.200 APPLICATION PROCEDURES
Section 682.200 Application
Procedures
a) Applicants for licensure shall submit to the Department the
following forms and fees that are required for license application:
1) Application
processing fee − $80;
2) Application
form that provides the following information:
A) Name of applicant, date of birth, gender, home mailing address,
home phone number, business or agency name, business mailing address, e-mail
address (if available), business phone, preferred mailing address, highest
level of education completed, any university attended, educational degrees
awarded, professional certificates held, number of years applicant has
dispensed hearing instruments, previous convictions or disciplinary actions
against the applicant, citizenship status, indication that the applicant is
free from infectious disease, and a Hearing Instrument Consumer Protection Act
compliance statement with the signature of the applicant;
B) Verification of the successful completion of 12 semester
hours or 18 quarter hours of academic undergraduate course work in a U.S.
Department of Education accredited institution consisting of three semester
hours of anatomy and physiology of the speech and hearing mechanism, three
semester hours of hearing science, three semester hours of introduction to
audiology, and three semester hours of aural rehabilitation or the quarter hour
equivalent; and
C) Official transcripts from an accredited institution of
higher education that is recognized by the U.S. Department of Education
verifying a minimum of an associate degree pursuant to Section 8(e) of the Act.
(Section 8(e) of the Act)
3) License
Fee − $200 (two year);
Duplicate/Additional License Fee − $20
(each);
Six-month trainee license fee − $100;
Annual licensing fee for organizations registered pursuant to Section
6(a)
of the Act (mail order sales) − $200;
Reciprocity fee − $500.
4) Proof of liability insurance, which shall give the name and
address of the agency; names and addresses of the applicants insured; name of
the company affording coverage; type of insurance (malpractice); policy number;
policy expiration date; limits of liability in thousands; and any cancellation
clauses and the address of the Department as the agency to be notified if the
policy is cancelled or expires.
b) Applicants for a six-month trainee dispenser license shall
submit a letter of verification from the licensed supervisor and a completed
trainee form signed by the supervisor.
c) Before a trainee license will be issued, the trainee shall
show documentation of successful completion of the required courses as outlined
in Section 8(e) of the Act and subsection (a)(2)(B) of this Section, or their
equivalent as determined by the Department, and pay the trainee license fee.
d) Applicants pursuing a hearing instrument dispenser license
pursuant to Section 6.1 of the Act (reciprocity) shall show proof of having:
1) Met requirements of subsections (a) through (d) of this
Section;
2) Met
the requirements of Section 8(b) of the Act;
3) Met
the academic requirements of Section 8(e) of the Act;
4) Obtained a valid license as a hearing instrument dispenser, or
its equivalent, from another state that has an examination that is comparable
to the examination required under the Act;
5) Practiced as a hearing instrument dispenser for at least three
months, or possessing current certification by the National Board for
Certification in Hearing Instrument Sciences; and
6) Paid the required fees (application, licensing, and reciprocity
fees set forth in this Section).
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.210 ISSUANCE OF A TEMPORARY LICENSE (REPEALED)
Section 682.210 Issuance of
a Temporary License (Repealed)
(Source: Repealed at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.215 SUPERVISION OF STUDENTS
Section 682.215 Supervision
of Students
a) Full-time graduate students enrolled in a program of
audiology in a U.S. Department of Education recognized accredited
college or university may engage in the dispensing of hearing instruments
without a license as a part of an academic program of audiology under the
supervision of a licensed audiologist. (Section 11 of the Act)
b) At least 50% of each hearing instrument dispensing activity by
a student shall be observed directly by a licensed audiologist responsible for
the supervision of the student.
c) Until the student has obtained a Hearing Instrument Dispenser
License or becomes a licensed audiologist, dispensing of hearing instruments
off campus is limited to sites or programs affiliated with, or operated under,
the auspices and approval of the program of audiology in the college or
university in which the student is enrolled.
d) One supervisor may supervise a limit of three trainees at any
point in time.
e) A licensed trainee shall perform the functions of a hearing
instrument dispenser in accordance with this Part and only under direct
supervision by the designated licensed supervisor.
f) The designated licensed hearing instrument dispenser
or audiologist is responsible for all of the work that is performed by the
trainee. (Section 9.5 of the Act)
g) A licensed hearing instrument dispenser/audiologist shall
directly observe 100 percent of each hearing instrument dispensing activity by
a licensed trainee.
h) Contracts signed by a licensed trainee shall also be signed by
the designated supervisor.
i) Until the licensed trainee has obtained a Hearing Instrument
Dispenser License or becomes a licensed audiologist, dispensing of hearing
instruments is limited to sites where the designated supervisor observes 100
percent of the time that the trainee has client contact.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.220 DUPLICATION OF A LICENSE
Section 682.220 Duplication
of a License
Photocopying, reproducing or
duplicating a Department Hearing Instrument Dispenser License by any person
other than the Department is prohibited.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.230 PLACE OF BUSINESS
Section 682.230 Place of
Business
a) On the application form, each applicant shall indicate his or
her name and the name, address, county and phone number of all places of
business from which hearing instruments will be dispensed.
b) If the place of business of a licensee is changed from the
addresses provided on any Hearing Instrument Dispenser License and/or changed
from the preferred mailing address provided to the Department on the
application, the licensee shall file written notice with the Department via the
License Correction Form within 10 working days after the change. The licensee
shall provide the following information: the licensee's corrected business
address, phone and business county, and an indication if the correction is for
a duplicate Hearing Instrument Dispenser License, for a new Hearing Instrument
Dispenser License (a new business address), for the deletion of a current
Hearing Instrument Dispenser License business address or for a change in the
preferred mailing address. The Department shall confirm in writing to the licensee
that the changes have been made in the licensee's records.
c) Except at those places of business where the consumer can
receive hearing instrument services via another licensed hearing instrument
dispenser/audiologist who can be contacted at the dispenser's/audiologist's
former business address and phone number, licensed hearing instrument
dispensers/audiologists who change their business location shall leave a
forwarding address with the post office, for at least one year and shall leave a
forwarding phone number with the phone company, for at least four months, so
that consumers and the Department can contact the licensed hearing instrument
dispenser/audiologist.
d) Prior to the closing of a business, the licensed hearing
instrument dispenser/audiologist shall place an advertisement in a local or
area newspaper advising the public of the closing and shall arrange for the
transfer of records upon consumer request.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.240 DISPLAY OF LICENSE
Section 682.240 Display of
License
a) Persons engaged in the selling, practice of testing,
fitting, selecting, recommending, adapting, dispensing or
servicing hearing instruments or who display a sign, advertise or
represent themselves as a person who practices the fitting and selling of
hearing instruments shall possess a current Department Hearing
Instrument Dispenser License that shall be conspicuously displayed in the
place of business in accordance with Section 5 of the Act [225 ILCS 50/5].
This license requirement does not apply to persons exempt from these provisions
under Section 7 of the Act. The address on the Hearing Instrument License
shall be the same as the address of the place of business where hearing
instruments are dispensed where only one place of business is used.
1) When more than one place of business is in operation, more
than 8 hours per week annually, an additional Hearing Instrument Dispenser
License with the address of the place of business shall be displayed.
2) If any place of business is in operation less than 8 hours per
week annually, or if the hearing instrument dispensing is done in a consumer's
home, a duplicate Hearing Instrument Dispenser License with the address of the
main place of business shall be displayed.
b) When a licensed hearing instrument dispenser opens a new place
of business prior to the commencement of business at the new address, an
additional Hearing Instrument Dispenser License, with the new address, shall be
displayed.
c) When engaged in hearing instrument dispensing activities a
hearing instrument dispenser shall produce the Hearing Instrument Dispenser
License upon request of any member of the public, employee of the Department,
or employee of a law enforcement agency.
(Source: Amended at 26 Ill. Reg. 11995, effective July 22, 2002)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.250 EXPIRATION OF LICENSES AND LICENSE RENEWALS
Section 682.250 Expiration
of Licenses and License Renewals
a) Hearing Instrument Dispenser Licenses shall be valid for two
years.
1) The fee for renewal of the Hearing Instrument Dispenser
License shall be $200 for the next two year period. The licensee shall send a
completed License Renewal Form and the license renewal fee to the Department,
postmarked no later than 30 days prior to the expiration date on the Hearing
Instrument Dispenser License. Failure to receive a notice to renew shall not
relieve the licensee of the obligation to pay the renewal fee 30 days prior to
the expiration date on the Hearing Instrument Dispenser License.
2) The Department shall send renewal and expiration notices to
the licensee.
3) The fee for each additional/duplicate Hearing Instrument
Dispenser License is $20.
4) The trainee license is valid for six months and is
non-renewable and non-transferrable. The fee for a trainee license is $100.
b) Individuals who meet the educational requirements and who pass
the hearing instrument dispenser examinations, or who meet requirements for
licensure under reciprocity, shall complete the application form and pay an
initial application fee of $80. These individuals shall also pay $200 for the
issuance of a Hearing Instrument Dispenser License plus $20 for each additional
Hearing Instrument Dispenser License. Individuals applying under reciprocity
shall also pay the reciprocity fee of $500. This Hearing Instrument Dispenser
License shall be valid for two years.
c) If the Hearing Instrument Dispenser License has expired and
the licensee cannot show evidence of having practiced in the previous two
years, the licensee shall successfully complete the Department's hearing
instrument dispenser examinations (written and practicum), or meet the current
criteria for licensure under reciprocity, and shall meet all current
eligibility requirements, including educational requirements, and pay all of the
required fees.
d) A license that has expired may be renewed within 90 days after
expiration by payment of the license renewal fee (see subsection (b)) and a
late fee in the same amount as the license renewal fee.
e) A license that has been expired for more than 90 days but fewer
than 180 days may be renewed by the payment of $100 plus the license renewal
fee and a late fee in the same amount as the license renewal fee and by meeting
the continuing education requirements (i.e., 20 CEUs per lapsed two-year
renewal period plus five additional CEUs for each six-month lapse period or
part thereof).
f) A license that has been expired for more than 180 days but
less than two years may be renewed by the payment of $150 plus the license
renewal fee (see subsection (b)) plus a late fee in the same amount as the
license renewal fee and by meeting the continuing education requirements (i.e.,
20 CEUs per lapsed renewal period plus five additional CEUs per six-month
period or part thereof past the expiration date).
g) A license that has been expired for more than 2 years may be
reinstated by the payment of $200 plus the license renewal fee (see subsection
(b)) plus a late fee in the same amount as the license renewal fee by meeting
the continuing education requirements (i.e., 20 CEUs per lapsed renewal period
plus five additional CEUs per six-month period or part thereof past the
expiration date) and by meeting the requirements of subsection (c) of this
Section, if applicable.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.260 INACTIVE STATUS REQUEST
Section 682.260 Inactive
Status Request
A licensed hearing
instrument dispenser who notifies the Department on the prescribed
forms may place his or her license on inactive status.
If such period of inactive status is more than 2 years, the hearing
instrument dispenser shall also provide the Department with sworn evidence
certifying to active practice in another jurisdiction that is satisfactory to
the Department. If that 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 of the Act or
by applying for licensure under the provisions of reciprocity. Any hearing
instrument dispenser whose license is on inactive status shall not practice in
Illinois. (Section 20 of the Act)
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
SUBPART C: TEST PROCEDURES FOR DISPENSING HEARING INSTRUMENTS
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.300 ESTABLISHED TEST PROCEDURES
Section 682.300 Established
Test Procedures
These established tests and
instrumentations shall be employed in the selection of hearing instruments,
except for children or persons with developmental disabilities or physical
disabilities. The test results and instrumentation used in the selection of hearing
instruments shall be recorded for all persons. The ambient noise conditions
within the room under which these tests results are obtained shall be
described, i.e., any noise source that will influence the test results.
a) Air and bone conduction test results shall be obtained for
each client in the manner specified in the ANSI Methods for Pure Tone Threshold
Audiometry (see Section 682.105(a)(2)).
b) Masking shall be applied to the non-test ear whenever the test
stimulus, which is delivered to the test ear, arrives at and/or is likely to be
perceived in the non-test ear.
c) Speech reception threshold shall be accomplished with a speech
audiometer as defined in and calibrated to the ANSI Specifications for
Audiometers (see Section 682.105(a)(1)). The spondaic words shall be presented
by recording or live voice. The results from either recorded or live voice
testing shall be in decibels hearing level (dBHL).
d) Speech discrimination/identification tests shall be
administered using a speech audiometer as defined in and calibrated to the ANSI
Specifications for Audiometers (see Section 682.105(a)(1)). The results shall
be recorded as the percentage of the total number of words correctly identified
at a specified presentation level.
e) "Most Comfortable Loudness" shall be obtained using
sound or speech via recorded or live voice presentation and shall be measured
and recorded in dBHL.
f) "Uncomfortable loudness level" shall be obtained
using sound or speech via recorded or live voice presentation and shall be
measured and recorded in dBHL.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.310 PERIOD OF TIME TESTS ARE VALID
Section 682.310 Period of
Time Tests Are Valid
The audiometric tests shall have
taken place within 6 months immediately preceding the date any payment is made
on a Hearing Instrument or if payment is not made, when the consumer takes
possession of the Hearing Instrument.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.320 TESTS PERFORMED BY OTHERS
Section 682.320 Tests
Performed by Others
Audiometric tests performed,
within the previous six months, by another licensed hearing instrument
dispenser/audiologist can be used to select a hearing instrument (see Section
682.330); however, the licensed hearing instrument dispenser/audiologist who
sells the hearing instruments shall ensure that all tests required by this Part
have been conducted prior to dispensing the hearing instruments. The seller is
also responsible for the hearing instruments that are dispensed.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.330 HEARING INSTRUMENT SELECTION: PERSONS ELIGIBLE TO RECOMMEND
Section 682.330 Hearing
Instrument Selection: Persons Eligible to Recommend
Possession of a Department
Hearing Instrument Dispenser License is required for any person, unless the
person is exempt under Section 7 of the Act or holds a current trainee license,
who recommends that a consumer obtain a specific or generic hearing instrument
by make and model or specification.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.340 AUDIOMETRIC TESTS FOR CHILDREN, DEVELOPMENTALLY DELAYED PERSONS AND PHYSICALLY DISABLED PERSONS
Section 682.340 Audiometric
Tests for Children, Developmentally Delayed Persons and Physically Disabled
Persons
The tests and procedures used in
dispensing of Hearing Instruments shall be appropriate to the individual
subject, e.g., children or persons with developmental or physical disabilities.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.350 AUDIOMETRIC TESTS FOR REPLACEMENT HEARING INSTRUMENT
Section 682.350 Audiometric
Tests for Replacement Hearing Instrument
The minimum tests set forth in
Section 682.300 are not required when the Hearing Instrument is a replacement
of a hearing instrument of the same make and model within
one year of the dispensing of the original hearing instrument. (Section
18(z) of the Act)
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.360 EQUIPMENT NEEDED
Section 682.360 Equipment
Needed
Each licensed hearing instrument
dispenser/audiologist shall have equipment capable of performing the tests
described in Section 682.300(a), (b), (c), (d), (e) and (f) of this Part.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
SUBPART D: HEARING AID DISPENSER EXAMINATION
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.400 ADMINISTRATION OF THE EXAMINATION
Section 682.400
Administration of the Examination
Individuals may write to the
Department for information on taking the Illinois Department of Public Health
Hearing Instrument Dispenser Examination.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.410 IDENTIFICATION NEEDED TO TAKE THE EXAMINATION
Section 682.410
Identification Needed to Take the Examination
The applicant shall present the
following at the examination site prior to taking the examination: a
registration form validated by the Department or its designee; identification
with the applicant's name and signature; and a driver's license or other similar
photo identification. No one may take the examination without each of these
documents.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.420 EXAMINATION: WRITTEN AND PRACTICAL
Section 682.420
Examination: Written and Practical
The examination shall consist of
written and practical tests administered by the Department or its authorized designee.
The examinations given, both written and practical, shall be the Uniform
Written and Practical Examinations for Hearing Instrument Dispensers from the
International Institute for Hearing Instrument Studies, International Hearing
Society (IIHIS, IHS), or an examination approved, developed or sanctioned by
the Department that meets the criteria in subsections (a) and (b). These tests
shall be administered at least four times during a calendar year.
a) The written examination shall cover those areas of knowledge
specified in Section 9 of the Act. A minimum passing grade, for the written
examination, shall be 70 percent on each section of the written examination.
1) An applicant who fails the written examination may retake the
examination. The examination fee shall be paid for each administration of the examination.
2) An individual candidate may take the written examination no
more than twice in any consecutive 12-month period.
3) The fee for the written examination shall be $200 per
candidate per administration of the examination.
b) The practical examination shall cover those areas of knowledge
specified in Section 9 of the Act. A minimum passing grade for the practical
examination shall be 70 percent on each section of the practical examination.
1) There is no limit on the number of times that the practicum may
be taken. The examination fee shall be paid for each administration of the
examination.
2) The fee for the full practical examination shall be $300. The
fee for retaking each failed area of the examination shall be $75 per area. The
fee shall be paid for each administration of the examination.
c) The
written and practical examinations will be scored independently of each other.
(Source: Amended at 37 Ill.
Reg. 19331, effective November 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.430 NOTIFICATION OF EXAMINATION RESULTS
Section 682.430 Notification
of Examination Results
The Department will issue a
written notification of examination results within 60 days after the
examination date to all persons who take either the written or practical hearing
instrument dispenser examination.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.440 TEMPORARY LICENSE EXPIRATION (REPEALED)
Section 682.440 Temporary
License Expiration (Repealed)
(Source: Repealed at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.450 EXAMINATION DUE PROCESS
Section 682.450 Examination
Due Process
The results of a practical
examination may be appealed to the Board. The Board shall only hear an appeal
for the most recent practical examination taken at a scheduled board meeting.
The appeal should be addressed to the Chairman of the Board via the Department.
The appellant shall indicate the nature of the complaint and document the
reasons for the complaint. A majority of the Board shall recommend one of the
following: that the complaint is not valid; that a passing grade be awarded;
or that the appellant may retake the examination at no cost.
(Source: Amended at 17 Ill. Reg. 8825, effective June 10, 1993)
SUBPART E: ETHICAL PRACTICE
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.500 DISHONEST, UNETHICAL, AND UNPROFESSIONAL CONDUCT
Section 682.500 Dishonest,
Unethical, and Unprofessional Conduct
Dishonest, unethical, and
unprofessional conduct shall include the activities set forth in Section 18 of
the Act as well as the following actions:
a) Stating or implying, verbally or in writing, that the use of a
hearing instrument will restore normal hearing, preserve hearing, prevent or
retard progression of hearing impairment;
b) Physically abusing clients;
c) Falsifying records;
d) Representing, advertising, or implying that a hearing
instrument is guaranteed without providing full disclosure of the identity of
the guarantor and the nature, extent, and duration of the guarantee, including
the existence of conditions or limitations;
e) Using a contract/receipt that does not specify the time limit
between the signing of the contract and the time of the delivery of the hearing
instruments, when a deposit of $50 or more is given to a licensed hearing
instrument dispenser/audiologist. The time limit shall not exceed 45 calendar
days and shall be prominently displayed in 10-point type on the
contract/receipt. If the hearing instruments are not available for delivery to
the consumer/purchaser within 45 calendar days after the date that the
contract/receipt was signed, the consumer/purchaser, in writing, shall be given
the opportunity to have all of his/her money refunded, less the itemized cost
of the examination and/or any custom-made parts already received by the
licensed hearing instrument dispenser/audiologist that had been cost itemized
on the contract/receipt when it was signed;
f) Representing that the service of a licensed
physician will be used or made available in the fitting, adjustment,
maintenance or repair of hearing instruments when that is not
true, or using the words "doctor", "audiologist", "clinic",
"Clinical Audiologist", "Certified Hearing Aid Audiologist",
"State licensed", "State certified", "Hearing
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 that
would give the impression that service is being provided by persons who are
licensed or 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 (Section 18(u) of
the Act);
g) Failing to specify, in any money-back guarantee provision
contained in a contract/receipt provided to the consumer for the sale of a
hearing instrument, the duration of the guarantee and the maximum amount of
time within which money will be refunded after a timely request for refund is
made; failing to specify in the contract/receipt the procedure that must be
followed to exercise one's rights under the guarantee; and failing to specify
and itemize in dollar amounts any and all limitations or deductions that will
be subtracted from a refund, including, but not limited to: testing fees,
service charges, custom earmolds, or rental charges for wear and tear;
h) Cheating or dishonesty by an applicant on the examination,
which be considered grounds for automatic failure and disciplinary action as
specified in Section 18 of the Act;
i) Submitting a check to the Department or a consumer for
payment of fees or a refund when there are insufficient funds in the account
upon which the check is drawn to cover the amount of the check. The return of
the check to the endorsee with the indication of insufficient funds is evidence
that this violation has occurred;
j) Dispensing hearing instruments without liability insurance;
k) Assigning the financial note for a hearing instruments sale to
a third party (i.e., finance company) prior to the expiration of the
30-business-day trial period; and
l) Failing or refusing to honor any valid three-day notice of
cancellation on in-home sales by a consumer within 10 business days after the
receipt of the cancellation notice (see Section 28 of the Consumer Fraud and
Deceptive Practices Act [815 ILCS 505]).
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.510 ADVERTISING OR PROMOTION
Section 682.510 Advertising
or Promotion
a) Licensed hearing instrument dispensers/audiologists who
possess a doctor's degree or possess any degree or title that contains the word
"doctor" shall indicate, in any advertisement regarding their
qualifications, the abbreviation for that degree or title and the area of study
for which the degree or title "doctor" was given.
b) Licensed hearing instrument dispensers/audiologists
advertising in the State of Illinois relative to hearing instruments shall
indicate a company name, permanent business address (place of business), and
telephone number in the advertisement.
c) Advertising a price for a "used" or
"reconditioned" hearing instrument without indicating that the
advertised price is for a "used" or "reconditioned" hearing
instrument is prohibited.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
SUBPART F: DISCIPLINARY ACTIONS
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.600 ADMINISTRATIVE HEARINGS
Section 682.600
Administrative Hearings
All administrative hearings
shall be conducted in accordance with Sections 18 and 21 of the Act and the
Department's Practice and Procedures in Administrative Hearings. Final
decisions by the Director relating to disciplinary proceedings shall be transmitted
to the Attorney General, appropriate professional association, the news media,
the employer of the person subject to the discipline, the hearing instrument
licensure bodies and Attorneys General of states bordering the State of
Illinois and the Hearing Aid Industry Council.
(Source: Amended at 35 Ill.
Reg. 10312, effective June 17, 2011)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.610 DISCIPLINARY ACTION
Section 682.610 Disciplinary
Action
Disciplinary actions by the
Department shall be in the following order of severity: letter of reprimand,
probation, suspension of license, denial of license or revocation of license.
The severity of the disciplinary action shall be determined by the number of
violations which have occurred; previous disciplinary actions which have been
taken against a licensed Hearing Instrument Dispenser; conviction of the
licensed Hearing Instrument Dispenser, for felonies or misdemeanors involving
fraud or dishonesty, especially those convictions which are related to Hearing
Instrument dispensing; the effect of the violation on a consumer versus a
non-consumer related violation; and the licensed Hearing Instrument Dispenser's
degree of cooperation in resolving a complaint which is a violation. The
Department, with the approval of the Board, may impose a fine not to exceed
$1000 plus costs for the first violation and not to exceed $5000
plus costs for each subsequent violation of this Act, and the rules
promulgated hereunder, on any person or entity described in this Act. Such
fine may be imposed as an alternative to any other disciplinary
measure, except for probation. The imposition by the Department of a fine for
any violation does not bar the violation from being
alleged in subsequent disciplinary proceedings. Such fine shall be deposited
in the Fund. (Section 18 of the Act)
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.620 RESTORATION OF REVOKED OR SUSPENDED HEARING INSTRUMENT DISPENSER LICENSES
Section 682.620 Restoration
of Revoked or Suspended Hearing Instrument Dispenser Licenses
Persons whose Hearing Instrument
Dispenser Licenses have been suspended or revoked may petition the Board for
restoration of the license.
a) The applicant shall specify the reasons for the restoration of
the Hearing Instrument License.
b) The applicant shall affirm, by signature and date, that during
the period that the Hearing Instrument License was revoked or suspended, the
applicant has not pleaded nolo contendere or been convicted of a felony or
misdemeanor under the laws of the United States, any state or territory; been
disciplined by another governmental or professional association for actions
which involve fraud or dishonesty; is not subject to any currently effective
injunctive or restrictive order as a result of the aforementioned actions; and has
not engaged in Hearing Instrument dispensing activities as described in Section
5 and Section 3(j) of the Act.
c) The Board and Department shall be guided in the restoration of
the Hearing Instrument License, by the nature of the actions which caused the
Hearing Instrument License to be suspended or revoked. The standards by which
the Board shall be guided in its recommendation for the restoration of a
Hearing Instrument License shall be as follows:
1) the number of violations which resulted in the revocation or
suspension;
2) previous disciplinary actions which have been ordered against
the petitioner;
3) conviction of the petitioner for felonies or misdemeanors
involving fraud or dishonesty, during the period of revocation or suspension;
4) evidence of Hearing Instrument dispensing after Hearing
Instrument License revocation or suspension;
5) the effect of the violations, which resulted in the suspension
or revocation, on consumers; and
6) settlement of all consumer claims against the petitioner.
d) Falsification of any information provided to the Department or
Board shall be grounds for refusal to restore the Hearing Instrument License,
suspension or revocation of the Hearing Instrument License.
(Source: Amended at 21 Ill. Reg. 4799, effective April 1, 1997)
SUBPART G: CONTINUING EDUCATION
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.700 CONTINUING EDUCATION
Section 682.700 Continuing
Education
The continuing education
requirements under the Act are established by the Hearing Instrument Consumer
Protection Board and located in the Hearing Aid Consumer Protection Continuing
Education Requirements (77 Ill. Adm. Code 3000).
(Source: Amended at 26 Ill. Reg. 11995, effective July 22, 2002)
Section 682.APPENDIX A Application Form (Repealed)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX B SUPERVISION AND TRAINING AGREEMENT FORM (REPEALED)
Section 682.APPENDIX B
Supervision and Training Agreement Form (Repealed)
(Source: Repealed at 17 Ill.
Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX C LICENSE AUTHORIZATION FORM (REPEALED)
Section 682.APPENDIX C
License Authorization Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX D CERTIFICATE OF INSURANCE (REPEALED)
Section 682.APPENDIX D
Certificate of Insurance (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX E SURETY PENAL BOND (REPEALED)
Section 682.APPENDIX E
Surety Penal Bond (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX F INACTIVE STATUS REQUEST (REPEALED)
Section 682.APPENDIX F
Inactive Status Request (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX G REGISTRATION OF HEARING AID DISPENSERS EMPLOYED BY A HEARING AID CORPORATION, PARTNERSHIP, TRUST, ASSOCIATION OR ENTITY (REPEALED)
Section 682.APPENDIX G
Registration of Hearing Aid Dispensers Employed by a Hearing Aid Corporation,
Partnership, Trust, Association or Entity (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX H LICENSE RENEWAL FORM (REPEALED)
Section 682.APPENDIX H
License Renewal Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX I AUDIOMETER CALIBRATION FORM (REPEALED)
Section 682.APPENDIX I
Audiometer Calibration Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
| TITLE 77: PUBLIC HEALTH
CHAPTER IV: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER j: VISION AND HEARING
PART 682
HEARING INSTRUMENT CONSUMER PROTECTION CODE
SECTION 682.APPENDIX J LICENSE CORRECTION FORM (REPEALED)
Section 682.APPENDIX J
License Correction Form (Repealed)
(Source: Repealed at 17 Ill. Reg. 8825, effective June 10, 1993)
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