Full Text of HB2443 96th General Assembly
HB2443enr 96TH GENERAL ASSEMBLY
|
|
|
HB2443 Enrolled |
|
LRB096 07726 ASK 17827 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Hearing Instrument Consumer Protection Act | 5 |
| is amended by changing Sections 8, 9, 11, 13, and 15 and by | 6 |
| adding Section 6.1 as follows:
| 7 |
| (225 ILCS 50/6.1 new) | 8 |
| (Section scheduled to be repealed on January 1, 2016) | 9 |
| Sec. 6.1. Reciprocity. The Department shall issue a license | 10 |
| to any hearing instrument dispenser who (i) has a valid license | 11 |
| as a hearing instrument dispenser, or its equivalent, from | 12 |
| another state that has an examination that is comparable to the | 13 |
| examination required under this Act or is provided by the | 14 |
| International Hearing Society, (ii) has completed the specific | 15 |
| academic and training requirements, or their equivalent, under | 16 |
| this Act, (iii) has been actively practicing as a hearing | 17 |
| instrument dispenser for at least 3 months or is certified by | 18 |
| the National Board for Certification in Hearing Instrument | 19 |
| Sciences, and (iv) has paid the required fee.
| 20 |
| (225 ILCS 50/8) (from Ch. 111, par. 7408)
| 21 |
| (Section scheduled to be repealed on January 1, 2016)
| 22 |
| Sec. 8. Applicant qualifications; examination.
|
|
|
|
HB2443 Enrolled |
- 2 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| (a) In order to protect persons with hearing impairments, | 2 |
| the Department
shall authorize or shall conduct an appropriate | 3 |
| examination for persons
who dispense, test, select, recommend, | 4 |
| fit, or service hearing
instruments. The frequency of holding | 5 |
| these examinations shall
be determined by the Department by | 6 |
| rule. Those
who successfully pass such an examination shall be | 7 |
| issued a license
as a hearing instrument dispenser, which shall | 8 |
| be effective for
a 2-year period.
| 9 |
| (b) Applicants shall be:
| 10 |
| (1) at least 18 years of age;
| 11 |
| (2) of good moral character;
| 12 |
| (3) a high school graduate or the equivalent;
| 13 |
| (4) free of contagious or infectious disease; and
| 14 |
| (5) a citizen or person who has the status as a legal | 15 |
| alien.
| 16 |
| Felony convictions of the applicant and findings against | 17 |
| the applicant
involving matters set forth in Sections 17 and 18 | 18 |
| shall be considered in
determining moral character, but such a | 19 |
| conviction or finding shall not make an
applicant ineligible to | 20 |
| register for examination.
| 21 |
| (c) Prior to engaging in the practice of fitting, | 22 |
| dispensing, or servicing
hearing instruments, an applicant
| 23 |
| shall demonstrate, by means of written
and practical | 24 |
| examinations, that such person is qualified to
practice the | 25 |
| testing, selecting, recommending, fitting, selling, or
| 26 |
| servicing of hearing instruments as defined in this
Act. An |
|
|
|
HB2443 Enrolled |
- 3 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| applicant who fails to obtain a license within 12
months after | 2 |
| passing both the written and practical examinations must take | 3 |
| and
pass those examinations again in order to be eligible to | 4 |
| receive a license.
| 5 |
| The Department shall, by rule, determine the conditions | 6 |
| under which an
individual is examined.
| 7 |
| (d) Proof of having met the minimum requirements of | 8 |
| continuing education
as determined by the Board shall be | 9 |
| required of all license renewals.
Pursuant to rule, the | 10 |
| continuing education requirements may, upon petition to
the | 11 |
| Board,
be waived in whole or in part if the hearing instrument | 12 |
| dispenser
can demonstrate
that he or she served in the Coast | 13 |
| Guard or Armed Forces, had an extreme
hardship, or obtained his | 14 |
| or her license by examination or
endorsement within
the | 15 |
| preceding renewal period.
| 16 |
| (e) Persons Beginning January 1, 2003, persons applying for | 17 |
| an initial
license
must demonstrate having earned , at a | 18 |
| minimum, an associate degree or its equivalent from an
| 19 |
| accredited institution of higher education that is recognized | 20 |
| by the U.S. Department of Education and meet the other | 21 |
| requirements of
this Section. In addition, the applicant must | 22 |
| demonstrate the successful
completion of 12 semester hours or | 23 |
| 18 quarter hours of academic undergraduate
course work in an | 24 |
| accredited institution consisting of 3 semester hours of
| 25 |
| anatomy and physiology of the speech and hearing mechanism, 3 | 26 |
| semester hours of
hearing science, 3 semester hours of |
|
|
|
HB2443 Enrolled |
- 4 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| introduction to audiology, and 3 semester
hours of aural | 2 |
| rehabilitation, or the quarter hour equivalent. Persons
| 3 |
| licensed before January 1, 2003 who
have a valid license on | 4 |
| that date may have their license renewed
without meeting the | 5 |
| requirements of this subsection.
| 6 |
| (Source: P.A. 91-932, eff. 1-1-01; 92-161, eff. 7-25-01 .)
| 7 |
| (225 ILCS 50/9) (from Ch. 111, par. 7409)
| 8 |
| (Section scheduled to be repealed on January 1, 2016)
| 9 |
| Sec. 9. Areas of examination. The examination required by | 10 |
| Section 8
shall be set forth by rule and demonstrate the
| 11 |
| applicant's technical qualifications by:
| 12 |
| (a) Tests of knowledge in the following areas as they | 13 |
| pertain to the
testing, selecting, recommending, fitting,
and | 14 |
| selling of hearing instruments:
| 15 |
| (1) characteristics of sound;
| 16 |
| (2) the nature of the ear; and
| 17 |
| (3) the function and maintenance of hearing | 18 |
| instruments.
| 19 |
| (b) Practical tests of proficiency in the following | 20 |
| techniques as they
pertain to the fitting of hearing | 21 |
| instruments shall be prescribed by the Department, set forth by | 22 |
| rule, and include candidate qualifications in the following | 23 |
| areas :
| 24 |
| (1) pure tone audiometry including air conduction | 25 |
| testing and bone
conduction testing;
|
|
|
|
HB2443 Enrolled |
- 5 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| (2) live voice or recorded voice speech audiometry, | 2 |
| including speech
reception,
threshold testing and speech | 3 |
| discrimination testing;
| 4 |
| (3) masking;
| 5 |
| (4) proper selection and adaptation of a hearing | 6 |
| instrument;
| 7 |
| (5) Taking earmold impressions;
| 8 |
| (6) Proper maintenance procedures; and
| 9 |
| (7) a general knowledge of the medical and physical | 10 |
| contra-indications
to the use and fitting of a hearing | 11 |
| instrument.
| 12 |
| (c) Knowledge of the general medical and hearing | 13 |
| rehabilitation facilities
in the area being served.
| 14 |
| (d) Knowledge of the provisions of this Act and the rules | 15 |
| promulgated
hereunder.
| 16 |
| (Source: P.A. 89-72, eff. 12-31-95 .)
| 17 |
| (225 ILCS 50/11) (from Ch. 111, par. 7411)
| 18 |
| (Section scheduled to be repealed on January 1, 2016)
| 19 |
| Sec. 11. Graduate audiology students.
Full-time graduate | 20 |
| students enrolled in a program of audiology in an
accredited
| 21 |
| college or university may engage in the dispensing of hearing | 22 |
| instruments
as a part of an academic a program of audiology | 23 |
| without a license under
the supervision of a licensed | 24 |
| audiologist.
| 25 |
| The supervisor and the supervisor's employer shall be |
|
|
|
HB2443 Enrolled |
- 6 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| jointly and
severally liable for any acts of the student
| 2 |
| relating to the practice of fitting or dispensing hearing | 3 |
| instruments as
defined
in this Act and the rules promulgated | 4 |
| hereunder.
| 5 |
| (Source: P.A. 91-932, eff. 1-1-01 .)
| 6 |
| (225 ILCS 50/13) (from Ch. 111, par. 7413)
| 7 |
| (Section scheduled to be repealed on January 1, 2016)
| 8 |
| Sec. 13. Expiration and renewal of licenses. The expiration | 9 |
| date and
renewal period for licenses shall be
set by rule. A | 10 |
| hearing instrument dispenser whose license has
expired may have | 11 |
| it reinstated within 2 years after the expiration
thereof, by | 12 |
| making a renewal application therefor, demonstrating | 13 |
| compliance
with all continuing education requirements, and by | 14 |
| paying the required fee.
However, any hearing instrument | 15 |
| dispenser whose license expired
while: (1) on active duty with | 16 |
| the Armed Forces of the United States, or the
State Militia | 17 |
| called into service or training, or (2) in training or | 18 |
| education
under the supervision of the United States
| 19 |
| preliminary to induction into the military service, may have | 20 |
| the
license renewed, reinstated, or restored without paying any | 21 |
| lapsed
renewal fees if, within 2 years after honorable | 22 |
| termination of such
service, training, or education, except | 23 |
| under conditions other than
honorable, such person shall have | 24 |
| furnished the Department with
satisfactory evidence of being so | 25 |
| engaged and that the service, training or
education has been |
|
|
|
HB2443 Enrolled |
- 7 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| terminated.
| 2 |
| Pursuant to rule, a hearing instrument dispenser whose
| 3 |
| license has expired and who has not practiced for at least 2 | 4 |
| years may have
such license restored by retaking and passing | 5 |
| the
examinations as required by Sections 8 and 9 and paying the | 6 |
| required fees.
| 7 |
| (Source: P.A. 89-72, eff. 12-31-95 .)
| 8 |
| (225 ILCS 50/15) (from Ch. 111, par. 7415)
| 9 |
| (Section scheduled to be repealed on January 1, 2016)
| 10 |
| Sec. 15. Fees.
| 11 |
| (a) The examination and licensure following are fees paid | 12 |
| to the Department to be charged and are not refundable and | 13 |
| shall be set forth by administrative rule. :
| 14 |
| (1) The fee for application for a license is $40.
| 15 |
| (2) In addition to the application fee, applicants for | 16 |
| any examination
shall be required to pay, either to the | 17 |
| Department or to the designated
testing service, a fee | 18 |
| covering the actual cost of the examination. Failure
to | 19 |
| appear for the examination on the scheduled date, at the | 20 |
| time and place
specified, after the applicant's | 21 |
| application and fee for the examination
has been received | 22 |
| and acknowledged by the Department or the designated | 23 |
| testing
service, shall result in the forfeiture of the fee.
| 24 |
| (3) The fee for a license shall be $115 per 2 year
| 25 |
| licensure period, except that the fee for a license for a
|
|
|
|
HB2443 Enrolled |
- 8 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| person
obtaining his or her supervised professional | 2 |
| experience as required by
subsection (f) of Section 8 of | 3 |
| the Illinois Speech-Language Pathology and
Audiology | 4 |
| Practice Act shall be $60 per one year licensure period.
| 5 |
| (4) The fee for the reinstatement of a license which | 6 |
| has been
expired for more than 90 days but less than 2 | 7 |
| years is $50
plus payment of all lapsed renewal and late | 8 |
| fees.
| 9 |
| (5) The fee for the restoration of a license which
has | 10 |
| been expired for
more than 2 years is $100 plus payment of | 11 |
| all lapsed renewal and late
fees.
| 12 |
| (6) The fee for the issuance of a duplicate license,
| 13 |
| for the issuance
of a replacement license which has been | 14 |
| lost or destroyed or for the
issuance of a license with a | 15 |
| change of name or address is $10. No fee is
required for | 16 |
| name and address changes
on Department records when no | 17 |
| duplicate license is issued.
| 18 |
| (7) The fee for a licensee's record
for any purpose is | 19 |
| $10.
| 20 |
| (8) The fee to have the scoring of an examination | 21 |
| administered by the
Department
reviewed and verified is | 22 |
| $10, plus any fee charged by the testing service.
| 23 |
| (9) The fee for a wall license shall be the actual
cost | 24 |
| of such license.
| 25 |
| (10) The fee for a roster of persons licensed as
| 26 |
| hearing instrument dispensers
shall be the actual cost of |
|
|
|
HB2443 Enrolled |
- 9 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| such roster.
| 2 |
| (11) The annual fee for any organization registered | 3 |
| pursuant to
Section 6 is $100. Such fee is in addition to | 4 |
| all other fees
imposed under this Act.
| 5 |
| (12) A late fee, which shall be in the same amount as | 6 |
| the license
renewal fee, shall be charged to a dispenser | 7 |
| whose license
renewal fee
is received by the Department | 8 |
| after the expiration date of the license.
| 9 |
| (13) Sponsors of continuing education courses shall | 10 |
| provide such
information as may be required by rule and | 11 |
| shall pay a fee of $150 per
course. However, courses | 12 |
| certified or approved for continuing education by
the | 13 |
| International Hearing Aid Society, the American Academy
of | 14 |
| Audiology, the Academy of Dispensing Audiologists, the | 15 |
| American
Speech-Language-Hearing
Association, or any other | 16 |
| national organization approved by the Board shall
be exempt | 17 |
| from such fee and compliance with such course
filing | 18 |
| requirements as specified by rule.
| 19 |
| (b) The moneys received as fees and fines by the Department
| 20 |
| under this Act shall be deposited in the Hearing Instrument
| 21 |
| Dispenser Examining
and Disciplinary Fund, which is hereby | 22 |
| created as a
special fund in the
State Treasury, and shall be | 23 |
| used only for the administration and
enforcement of this Act,
| 24 |
| including: (1) costs directly related to licensing of persons | 25 |
| under
this Act; and (2) by the Board in the exercise
of its | 26 |
| powers and performance of its duties, and such use shall be |
|
|
|
HB2443 Enrolled |
- 10 - |
LRB096 07726 ASK 17827 b |
|
| 1 |
| made
by the Department with full consideration of all | 2 |
| recommendations of the Board.
| 3 |
| All moneys deposited in the Fund shall be appropriated to | 4 |
| the Department
for expenses of the Department and the Board in | 5 |
| the administration and
enforcement of this Act.
| 6 |
| Moneys in the Fund may
be invested and reinvested, with all | 7 |
| earnings deposited in the
Fund and used for the purposes set | 8 |
| forth in this Act.
| 9 |
| Upon the completion of any audit of the Department as | 10 |
| prescribed by the
Illinois State Auditing Act, which audit | 11 |
| shall include an audit of the Fund,
the Department
shall make a | 12 |
| copy of the audit open to inspection by any interested person,
| 13 |
| which copy shall be submitted to the Department by the Auditor | 14 |
| General, in
addition to the copies of audit reports required to | 15 |
| be submitted to other
State officers and agencies by Section | 16 |
| 3-14 of the Illinois State Auditing Act.
| 17 |
| (Source: P.A. 91-932, eff. 1-1-01 .)
|
|