Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
225 ILCS 50/ - Hearing Instrument Consumer Protection Act.

(225 ILCS 50/1) (from Ch. 111, par. 7401)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1. Purpose. The purpose of this Act is to protect the deaf or hard of hearing

public from the practice of dispensing hearing instruments that
could
endanger the health, safety and welfare of the People of this State. The
Federal Food and Drug Administration
has recommended that State legislation is necessary in order to establish
standards of competency and to impose stringent penalties for those who
violate the public trust in this field of health care.

(Source: P.A. 98-827, eff. 1-1-15.)
 
(225 ILCS 50/2) (from Ch. 111, par. 7402)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2.
Short title.
This Act may be cited
as the Hearing Instrument Consumer Protection Act.

(Source: P.A. 89-72, eff. 12-31-95.)
 
(225 ILCS 50/3) (from Ch. 111, par. 7403)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3. Definitions. As used in this Act, except as the context
requires otherwise:
"Department" means the Department of Public Health.
"Director" means the Director of the Department of Public Health.
"License" means a license
issued by the State under this
Act to a hearing instrument dispenser.
"Licensed audiologist" means a person
licensed
as an audiologist under the Illinois Speech-Language Pathology and Audiology
Practice Act.
"National Board Certified Hearing Instrument
Specialist" means a person
who has had at least 2 years in practice as a licensed hearing
instrument dispenser and has
been certified after qualification by examination by the National Board for
Certification in Hearing Instruments Sciences.
"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.
"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.
"Board" means the Hearing Instrument Consumer Protection
Board.
"Hearing instrument" or "hearing aid" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and that can provide more than 15 dB full on gain via a 2cc coupler at any single frequency from 200 through 6000 cycles per second, and any parts, attachments, or accessories, including ear molds. "Hearing instrument" or "hearing aid" do not include batteries, cords, or group auditory training devices and any
instrument or device used by a public utility in providing telephone or
other communication services are excluded.
"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, adaptions, services, or sales of
hearing instruments including the making of earmolds as a part of the hearing
instrument.
"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.
"Hearing instrument 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.
"Fund" means the Hearing Instrument Dispenser Examining
and Disciplinary Fund.
"Hearing care professional" means a person who is a licensed
audiologist, a licensed hearing instrument dispenser, or a licensed
physician.

(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
(225 ILCS 50/4) (from Ch. 111, par. 7404)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4.
Disclosure; waiver; complaints; insurance.
The hearing
instrument dispenser shall give at no charge to every person fitted
and sold a hearing instrument the "User Instructional Brochure",
supplied by the hearing instrument manufacturer containing
information required by
the U.S. Food and Drug Administration.
Whenever a sale or service of one or more hearing 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 dispenser 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 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.
All hearing instruments offered for sale must be accompanied
by a 30-business day return privilege. The receipt or contract
provided to the consumer
shall state
that the
consumer has a right to return the hearing instrument for a refund within 30
business
days of the date of delivery. If a nonrefundable dispensing fee or restocking
fee, or both, will be withheld from the consumer in event of return, the terms
must be clearly stated on the receipt or contract provided to the consumer.
A hearing instrument dispenser shall not sell a
hearing instrument unless the prospective
user has presented to the hearing instrument dispenser
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 the 6 months
immediately preceding the
date of the sale of the hearing instrument to the prospective hearing
instrument user.
If the prospective hearing instrument
user is 18 years of age or older, the hearing instrument dispenser
may afford the prospective user an opportunity to waive the medical
evaluation required by this Section, provided that the
hearing instrument dispenser:
The hearing instrument dispenser or 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.
All persons licensed under this Act shall have conspicuously displayed
in their business establishment a sign indicating that formal complaints
regarding hearing instrument goods or services may be made to the
Department.
Such sign shall give the address and telephone number of the Department.
All persons purchasing
hearing instruments shall be provided with a written statement
indicating that
formal complaints regarding hearing instrument goods or services
may be made to
the Department and disclosing the address and telephone
number of the
Department.
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. The Department shall
investigate all such complaints.
All persons licensed under this Act shall maintain liability insurance
as set forth by rule and shall be responsible for the annual calibration
of all audiometers in use by such persons. Such annual calibrations shall be
in conformance with the current standards set by American National Standard
Institute.

(Source: P.A. 91-932, eff. 1-1-01.)
 
(225 ILCS 50/5) (from Ch. 111, par. 7405)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5. License required. No person shall engage in the
selling, practice of testing, fitting, selecting, recommending, adapting,
dispensing, or servicing hearing instruments or display a sign, advertise, or
represent oneself as a person who practices the fitting or selling of hearing
instruments unless such person holds a current license issued by the Department
as provided in this Act. Such person shall be known as a licensed hearing
instrument dispenser. Individuals licensed pursuant to the provisions of
Section 8 of this Act shall be deemed qualified to provide tests of human
hearing and hearing instrument evaluations for the purpose of dispensing a
hearing instrument for which any State agency may contract. The license shall
be conspicuously displayed in the place of business. Duplicate licenses shall
be issued by the Department to licensees operating more than one office upon
the additional payment set forth in this Act. No hearing instrument manufacturer may distribute, sell, or otherwise provide hearing instruments to any unlicensed hearing care professional for the purpose of selling hearing instruments to the consumer.
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 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.

(Source: P.A. 99-204, eff. 7-30-15.)
 
(225 ILCS 50/6) (from Ch. 111, par. 7406)
(Section scheduled to be repealed on January 1, 2026)
Sec. 6. Mail order and Internet sales. 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
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:
(a) The organization is registered by the Department prior
to engaging
in business in this State and has paid the fee set forth in
this
Act.
(b) The organization files with the Department, prior to
registration
and annually thereafter, a Disclosure Statement containing the following:
(b-5) If a device being sold does not meet the definition of a hearing instrument or hearing device as stated in this Act, the organization shall include a disclaimer in all written or electronic promotions. The disclaimer shall include the following language:
(c) The organization files with the Department prior to
registration
and annually thereafter a statement that it complies with
the Act, the rules
issued pursuant to it, and the regulations of the Federal Food and Drug
Administration and the Federal Trade Commission insofar as they are applicable.
(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. Such service shall
have the effect of conferring personal jurisdiction over such organization
in any court of competent jurisdiction.
(e) Before dispensing a hearing instrument to a resident
of this State, the organization informs the prospective users that they
need the following for proper fitting of a hearing instrument:
(f) The prospective user receives a medical evaluation or
the organization affords the prospective user an opportunity
to waive the medical
evaluation requirement of Section 4 of this Act and the testing requirement of
subsection (z) of Section 18, provided that
the
organization:
(g) Where a sale, lease, or rental of hearing instruments is sold or contracted
to be sold to a consumer by mail order, the consumer may
void the contract or sale by notifying the seller within
45 business days following that day on which the hearing
instruments were mailed by the seller to the consumer and by
returning to the seller in its original condition any hearing
instrument
delivered to the consumer under the contract or sale.
At the time the hearing instrument is
mailed, the seller shall furnish the consumer
with a fully completed receipt or copy of any contract pertaining to the
sale that contains a "Notice of Cancellation" informing the
consumer that he or she
may cancel the sale at any time within 45 business days and
disclosing the
date of the mailing and the name,
address, and telephone number
of the seller. In immediate proximity to the space reserved in the
contract
for the signature of the consumer, or on the front page of the receipt if
a contract is not used, and in bold face type of a minimum size of 10
points, there shall be
a statement in substantially the following form:
Attached to the receipt or contract shall be a completed form in
duplicate,
captioned "NOTICE OF CANCELLATION" which shall be easily detachable and
which shall contain in at least 10 point bold face type the following
information
and statements in the same language as that used in the contract:


YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
45 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER
THE CONTRACT OR SALE LESS ANY NONREFUNDABLE RESTOCKING FEE, AND ANY
NEGOTIABLE
INSTRUMENT EXECUTED BY YOU WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION
NOTICE AND ALL MERCHANDISE
PERTAINING TO THIS TRANSACTION,
AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION
WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER,
IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE.
(Date)............
..................
The written "Notice of Cancellation" may be sent by the consumer
to the
seller to cancel the contract. 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.
If the conditions of this Section are met, the seller must return to the
consumer the amount of any payment
made or consideration given under
the contract or for the merchandise less a nonrefundable
restocking fee.
It is an unlawful practice
for a seller to: (1) hold a consumer responsible for any liability or
obligation under any mail order transaction if the consumer claims not to have
received the merchandise unless the merchandise was sent by certified mail or
other delivery method by which the seller is provided with proof of delivery; (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; (3) include in any contract or receipt any
confession of
judgment or any waiver of any of the rights to which the consumer is entitled
under this Section including specifically his right to cancel the
sale in accordance with the provisions of this Section; (4)
misrepresent
in any manner the consumer's right to cancel; (5) use any undue
influence,
coercion, or any other wilful act or representation to interfere with the
consumer's exercise of his rights under this Section; (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; (7) negotiate, transfer, sell, or assign any note or
other
evidence of indebtedness to a finance company or other third party prior to the 50th business day following the day of the
mailing;
or (8) fail to provide the consumer of a hearing instrument with written
information stating the name, address, and telephone number of the Department
and informing the consumer that complaints regarding hearing instrument goods
or services may be made to the Department.
(h) The organization employs only licensed
hearing
instrument dispensers in the
dispensing of hearing instruments and files with the Department,
by
January 1 of
each year, a list of all licensed hearing instrument dispensers
employed by it.

(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
(225 ILCS 50/6.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 6.1. Reciprocity. The Department shall issue a license to any hearing instrument dispenser who (i) has been certified by the National Board for Certification in Hearing Instrument Sciences and has been actively practicing for a minimum of 5 years or (ii) has 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 this Act or is provided by the International Hearing Society, (iii) has completed the specific academic and training requirements, or their equivalent, under this Act, (iv) has been actively practicing as a hearing instrument dispenser for at least 3 months or is certified by the National Board for Certification in Hearing Instrument Sciences, and (v) has paid the required fee.

(Source: P.A. 98-827, eff. 1-1-15.)
 
(225 ILCS 50/7) (from Ch. 111, par. 7407)
(Section scheduled to be repealed on January 1, 2026)
Sec. 7.
Exemptions.
(a) The following are exempt from this Act:
(b) Audiometers
used by persons exempt from this Act to dispense
hearing instruments must meet
the annual calibration requirements and current standards set by the American
National Standards Institute.
(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.

(Source: P.A. 91-932, eff. 1-1-01.)
 
(225 ILCS 50/8) (from Ch. 111, par. 7408)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8. Applicant qualifications; examination.
(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
instruments. The frequency of holding these examinations shall
be determined by the Department by rule. Those
who successfully pass such an examination shall be issued a license
as a hearing instrument dispenser, which shall be effective for
a 2-year period.
(b) Applicants shall be:
Felony convictions of the applicant and findings against the applicant
involving matters set forth in Sections 17 and 18 shall be considered in
determining moral character, but such a conviction or finding shall not make an
applicant ineligible to register for examination.
(c) Prior to engaging in the practice of fitting, dispensing, or servicing
hearing 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 instruments as defined in this
Act. An applicant must obtain a license within 12
months after passing either the written or practical examination, whichever is passed first, or must take and
pass those examinations again in order to be eligible to receive a license.
The Department shall, by rule, determine the conditions under which an
individual is examined.
(d) Proof of having met the minimum requirements of continuing education
as determined by the Board shall be required of all license renewals.
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.
(e) Persons applying for an initial
license
must demonstrate having earned, at a minimum, an associate degree or its equivalent from an
accredited institution of higher education that is recognized by the U.S. Department of Education or that meets the U.S. Department of Education equivalency as determined through a National Association of Credential Evaluation Services (NACES) member, and meet the other requirements of
this Section. 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. Persons
licensed before January 1, 2003 who
have a valid license on that date may have their license renewed
without meeting the requirements of this subsection.

(Source: P.A. 102-1030, eff. 5-27-22.)
 
(225 ILCS 50/9) (from Ch. 111, par. 7409)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9. Areas of examination. The examination required by Section 8
shall be set forth by rule and demonstrate the
applicant's technical qualifications by:
(Source: P.A. 96-683, eff. 1-1-10.)
 
(225 ILCS 50/9.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9.5. Trainees.
(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 trainee license expires 12 months from the date of issue and is non-renewable.
(b) A trainee shall 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. 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. The licensed hearing instrument dispenser or audiologist is responsible for all of the work that is performed by the trainee.
(c) The Department may limit the number of trainees that may be under the direct supervision of the same licensed hearing instrument dispenser or licensed audiologist.
(d) The Department may establish a trainee licensing fee by rule.
(Source: P.A. 98-827, eff. 1-1-15.)
 
(225 ILCS 50/11) (from Ch. 111, par. 7411)
(Section scheduled to be repealed on January 1, 2026)
Sec. 11. Graduate audiology students.
Full-time graduate students enrolled in a program of audiology in an
accredited
college or university may engage in the dispensing of hearing instruments
as a part of an academic program of audiology without a license under
the supervision of a licensed audiologist.
The supervisor and the supervisor's employer shall be jointly and
severally liable for any acts of the student
relating to the practice of fitting or dispensing hearing instruments as
defined
in this Act and the rules promulgated hereunder.

(Source: P.A. 96-683, eff. 1-1-10.)
 
(225 ILCS 50/13) (from Ch. 111, par. 7413)
(Section scheduled to be repealed on January 1, 2026)
Sec. 13. Expiration and renewal of licenses. The expiration date and
renewal period for licenses shall be
set by rule.


(Source: P.A. 96-683, eff. 1-1-10.)
 
(225 ILCS 50/14) (from Ch. 111, par. 7414)
(Section scheduled to be repealed on January 1, 2026)
Sec. 14.
Powers and duties of the Department.
The powers and duties of
the Department are:
(a) To issue licenses and to administer examinations to applicants;
(b) To license persons who are qualified to engage in the testing,
recommending, fitting, selling, and dispensing of hearing instruments;
(c) To provide the equipment and facilities necessary for the examination;
(d) To issue and to renew licenses;
(e) To suspend or revoke licenses or to take such other disciplinary action
as provided in this Act;
(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;
(g) To promulgate rules necessary to implement this Act;
(h) (Blank); and
(i) To conduct such consumer education programs and awareness programs for
persons with a hearing impairment as may be recommended by the Board.

(Source: P.A. 91-932, eff. 1-1-01.)
 
(225 ILCS 50/15) (from Ch. 111, par. 7415)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15. Fees.
(a) The examination and licensure fees paid to the Department are not refundable and shall be set forth by administrative rule. The Department may require a fee for the administration of the examination in addition to examination and licensure fees.
(b) The moneys received as fees and fines by the Department
under this Act shall be deposited in the Hearing Instrument
Dispenser Examining
and Disciplinary Fund, which is hereby created as a
special fund in the
State Treasury, and shall be used only for the administration and
enforcement of this Act,
including: (1) costs directly related to licensing of persons under
this Act; and (2) by the Board in the exercise
of its powers and performance of its duties, and such use shall be made
by the Department with full consideration of all recommendations of the Board.
All moneys deposited in the Fund shall be appropriated to the Department
for expenses of the Department and the Board in the administration and
enforcement of this Act.
Moneys in the Fund may
be invested and reinvested, with all earnings deposited in the
Fund and used for the purposes set forth in this Act.
Upon the completion of any audit of the Department as prescribed by the
Illinois State Auditing Act, which audit shall include an audit of the Fund,
the Department
shall make a copy of the audit open to inspection by any interested person,
which copy shall be submitted to the Department by the Auditor General, in
addition to the copies of audit reports required to be submitted to other
State officers and agencies by Section 3-14 of the Illinois State Auditing Act.

(Source: P.A. 99-204, eff. 7-30-15.)
 
(225 ILCS 50/16) (from Ch. 111, par. 7416)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16. Hearing Instrument Consumer Protection Board. There shall be
established a Hearing Instrument Consumer Protection
Board which shall assist, advise and make recommendations to the Department.
The Board shall consist of 6 members who shall be residents of
Illinois.
One shall be a licensed physician who specializes in otology or otolaryngology;
one shall be a member of a consumer-oriented organization concerned with
the deaf or hard of hearing; one shall be from the general public, preferably a
senior citizen; 2 shall be licensed hearing instrument
dispensers who are
National Board Certified
Hearing
Instrument
Specialists; and one shall be a licensed
audiologist. If a
vote of the Board results in a tie, the Director shall cast the deciding
vote.
Members of the Board shall be appointed by the Director after consultation
with appropriate professional organizations and consumer groups.
The term of office of each shall be 4 years. Before a member's term expires,
the Director shall appoint a successor to assume member's duties at the
expiration of his or her predecessor's term. A vacancy shall be filled by
appointment for the unexpired term. The members shall annually designate
one member as chairman. No member of the Board who has served 2
successive, full terms may be reappointed. The Director may remove
members for good cause.
Members of the Board shall receive reimbursement for actual and necessary
travel and for other expenses, not to exceed the limit established by the
Department.

(Source: P.A. 98-827, eff. 1-1-15.)
 
(225 ILCS 50/17) (from Ch. 111, par. 7417)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. Duties of the Board. The Board shall advise the Department in
all matters relating
to this Act and shall assist as requested by the Director.
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. It shall file an annual report with the Director
and shall meet at least twice a year.
The Board may meet at any time at the call of the chair.
The Board shall recommend specialized education programs for persons wishing
to become licensed as hearing instrument dispensers and shall,
by rule, establish
minimum standards of continuing education required for license
renewal. No more than 5 hours of continuing education credit per year,
however, can be obtained through programs sponsored by hearing instrument
manufacturers. A minimum of 2 hours of continuing education credit per licensing period must be obtained in Illinois law and ethics. Continuing education offered by a college, university, or bar association, the International Hearing Society, the American Academy of Audiology, the American Speech-Language-Hearing Association, the Illinois Speech-Language-Hearing Association, the Illinois Academy of Audiology, or the Illinois Hearing Society regarding Illinois law and ethics shall be accepted toward satisfaction of the Illinois law and ethics continuing education requirement.
The Board shall hear charges brought by any person against hearing instrument
dispensers and
shall recommend disciplinary action to the Director.
Members of the Board are immune from liability in any action based upon a
licensing proceeding or other act performed in good faith as a member of the
Board.

(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
 
(225 ILCS 50/18) (from Ch. 111, par. 7418)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18. Discipline by the Department. The Department may refuse to
issue
or renew a license
or it may revoke, suspend, place on probation, censure, fine, or reprimand
a
licensee for any of the following:
The Department, with the approval of the Board, may impose a fine not
to exceed $1,000 plus costs for the first violation and not to
exceed $5,000
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 fines shall be deposited in the Fund.

(Source: P.A. 100-201, eff. 8-18-17.)
 
(225 ILCS 50/18.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18.5. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
(225 ILCS 50/19) (from Ch. 111, par. 7419)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19.
Injunctions; civil penalties.
(a) The practice of fitting, dispensing, and servicing hearing
instruments 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 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. Any person may apply for an injunction in the circuit
court to enjoin a person from engaging without a license in practices for which
a license is required under this Act. Upon the filing of a verified petition
in such court, the court, if satisfied by affidavit or otherwise, that such
person has been engaged in such practice without a current license
to do
so, may enter a temporary restraining order without notice or bond, enjoining
the defendant from such further practice. A copy of the verified complaint
shall be served upon the defendant and the proceedings shall thereafter
be conducted as other civil cases. If it is established that the defendant
has been, or is engaged in any unlawful practice, the court may enter an
order or judgment perpetually enjoining the defendant from further such
practice. In all proceedings hereunder, the court, in its discretion, may
apportion the costs among the parties interested in the action, including
cost of filing the complaint, service of process, witness fees and
expenses, court reporter charges and reasonable attorneys fees. In case of
violation of any injunctive order entered pursuant to this Section, the
court, may try and punish the offender for contempt of court. Such
injunctive proceedings shall be in addition to all penalties and other
remedies in this Act. 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 the practice
of
fitting, dispensing, or servicing hearing instruments or displays a sign,
advertises,
or represents himself or herself as a person who practices the fitting and
selling of hearing instruments 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.
(c) The Department may investigate any actual, alleged, or suspected
unlicensed activity.
(d) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.

(Source: P.A. 89-72, eff. 12-31-95.)
 
(225 ILCS 50/20) (from Ch. 111, par. 7420)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20.
Inactive status.
A hearing instrument
dispenser who notifies the Department, on
the prescribed forms, may place his or her license on
inactive status and
shall be exempt from payment of renewal fees until he or she notifies the
Department in writing, of the intention to resume the
practice of testing, fitting, dispensing, selecting, recommending, and
servicing hearing instruments and pays the current renewal fee
and demonstrates compliance with any continuing education that may be required.
However, 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 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. Any hearing instrument
dispenser whose license is on inactive status shall
not practice in Illinois.

(Source: P.A. 89-72, eff. 12-31-95.)
 
(225 ILCS 50/21) (from Ch. 111, par. 7421)
(Section scheduled to be repealed on January 1, 2026)
Sec. 21.

The Department may investigate the actions of any applicant,
corporation, partnership, trust, association or other entity, or any person
holding or claiming to hold a license. The Department
shall, before refusing to issue a license or disciplining
a registrant
or a corporation, partnership, trust, association or other entity,
notify, in writing, at least 10 days prior to the date set for the hearing,
the applicant for, or holder of, a license, or corporation,
partnership, trust, association or other entity. The notification shall
set forth the charges against the person, corporation, partnership,
trust, association, or other entity which form the basis for the
refusal to issue a license or the disciplinary action taken. If the
person, corporation, partnership, trust, association, or other entity
desires to contest any Department action under this Section he,
she or the corporation, partnership, trust, association, or other
entity shall send a written request for a hearing to the Department within 10
days of receipt of notice of the Department's action. If timely requested
by the person or the corporation, partnership, trust, association, or
other entity, the date of the hearing shall be set by the
Department. The hearing shall determine whether the applicant or licensee
is entitled to hold such license, and
shall afford such person an opportunity to be heard in person or by
counsel. A hearing shall also determine whether a corporation, partnership,
trust, association, or other entity is subject to disciplinary action, and
shall afford such entities an opportunity to be heard by their
representative or by counsel. Such written notice may be served by
certified or registered mail to the respondent at its last known address.
Upon receipt of a request in writing for a hearing, a duly qualified
employee of the Department designated in writing by the Director and
approved by the Board as a hearing officer shall conduct a hearing to
review the decision. Notice of the time and place of the hearing shall be
given to the person or corporation, partnership, trust, association, or
other entity at least 10 days prior to the date set for the hearing. At
the time and place fixed in the notice, the hearing officer shall hear the
charges and the parties shall be accorded opportunity to present such
statements, testimony and evidence as may be
pertinent to the charges or defenses. The hearing officer
may continue such hearing from time to time. Pursuant to rule, the Director
may conduct informal hearings, and shall so inform the Board. The Director,
Board or hearing officer may compel, by subpoena, the attendance and
testimony of witnesses and the production of books and papers and may administer oaths.

(Source: P.A. 86-800.)
 
(225 ILCS 50/22) (from Ch. 111, par. 7422)
(Section scheduled to be repealed on January 1, 2026)
Sec. 22.
Findings and recommendations of the Board.
At the conclusion of
the
hearing, the hearing officer shall
make findings of fact in such hearing to the Board. The Board shall
review the findings of fact and present
to the Director a written report of its finding and recommendation as to
whether or not the accused person violated this Act or failed to comply
with the conditions required in this Act or any rule promulgated under this
Act. The Board shall specify the nature of the violation or failure
to comply and shall make its recommendations to the Director.
The report of findings and recommendation of the Board shall be the basis
for the Department's action with respect to licensees
or the imposition
of any disciplinary action unless the Director determines that the report and
recommendation is contrary to the manifest weight of the evidence, in which
case the Director may issue an order in contravention of the report and
recommendation. The findings are not admissible in evidence
against the person in a criminal prosecution brought for the violation of
this Act, but the hearing and findings are not a bar to a criminal prosecution
brought for violating this Act.

(Source: P.A. 89-72, eff. 12-31-95.)
 
(225 ILCS 50/23) (from Ch. 111, par. 7423)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23.

The Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the refusal to issue
a license or to discipline a licensee.
The notice
of hearing, the complaint
and all other documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, the report of the Board
and the orders of the Department shall be the record of such proceeding.
In any case involving the refusal to issue a license
or to discipline
a licensee, a copy of the Board's report shall be served
upon the respondent
by the Department, as provided in this Act for the service of the notice
of hearing. Within 20 days after such service, the respondent may present
to the Department a motion in writing for a rehearing, which motion shall
specify the particular grounds therefor. If no motion for rehearing is
filed, then upon the expiration of the time specified for filing such a
motion, or if a motion for rehearing is denied, then upon such denial, the
Director may enter an order in accordance with recommendations of the Board.
If the respondent orders and pays for a transcript of the record within
the time for filing a motion for rehearing, the 20-day period within which
such a motion may be filed shall commence upon the delivery of the transcript
to the respondent.
Whenever the Director is satisfied that substantial justice has not been
done either in an examination or in the revocation, suspension or refusal
to issue a license, the Director may order a re-examination
or rehearing.

(Source: P.A. 86-800.)
 
(225 ILCS 50/24) (from Ch. 111, par. 7424)
(Section scheduled to be repealed on January 1, 2026)
Sec. 24.

If any licensee violates any provision of this Act, the
Director may, through the Attorney General, petition, for an order enjoining
such violation or for an order enforcing compliance with this Act or any
rule issued pursuant hereto. Upon the filing of a verified petition in
such court, the court may enter a temporary restraining order, without
notice or bond, enjoining such continued violation, and if it is
established that such person has violated or is violating the injunctive
order, the Court may punish the offender for contempt of court.
Proceedings under this Section shall be in addition to all other
remedies and penalties.

(Source: P.A. 86-800.)
 
(225 ILCS 50/25) (from Ch. 111, par. 7425)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25.

Any circuit court may, upon application of the prosecutor
or of the applicant or licensee against whom disciplinary
proceedings are
pending, enter an order requiring the attendance of witnesses and their testimony,
and the production of documents, papers, files, books and records in connection
with any hearing or investigation. The court may compel obedience to its
order by proceedings for contempt.

(Source: P.A. 86-800.)
 
(225 ILCS 50/26) (from Ch. 111, par. 7426)
(Section scheduled to be repealed on January 1, 2026)
Sec. 26.

Upon the revocation or suspension of any license, the
licensee shall forthwith surrender the license to
the Department and
if such person fails to do so, the Department shall seize such license.

(Source: P.A. 86-800.)
 
(225 ILCS 50/27) (from Ch. 111, par. 7427)
(Section scheduled to be repealed on January 1, 2026)
Sec. 27.
Restoration of certificate.
At any time after the suspension
or revocation of any license, the Department may
restore it to the accused person, upon the written recommendation of the Board.

(Source: P.A. 86-800.)
 
(225 ILCS 50/27.1) (from Ch. 111, par. 7427.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 27.1.

Notwithstanding the provisions of Section 21 of this Act,
the Director shall have the authority to appoint any attorney duly licensed
to practice law in the State of Illinois to serve as hearing officer in any
action for refusal to issue or renew a license, or discipline
of an applicant or
licensee regulated by
this Act. The Director shall notify the Board of any such appointment.
The hearing officer shall have full authority to conduct the hearing. The
hearing officer shall report his findings of fact, conclusions of law and
recommendations to the Board and the Director. The Board shall have 60
days from receipt of the report to review the report of the hearing officer
and present their findings of fact, conclusions of law and recommendations
to the Director. If the Board fails to present its
report within the 60-day period, the Director shall issue an order based on
the report of the hearing officer. If the Director disagrees in any regard
with the report of the Board or hearing officer, he may issue an order in
contravention thereof. The Director shall provide a written explanation to
the Board on any such deviation, and shall specify with particularity the
reasons for such action in the final order. Members of the Board may be
present at all formal hearings brought under
the provisions of this Act.

(Source: P.A. 86-800.)
 
(225 ILCS 50/28) (from Ch. 111, par. 7428)
(Section scheduled to be repealed on January 1, 2026)
Sec. 28.

The Department shall not be required to certify any record
to the Court or to file any answer in court or otherwise appear in any court
in a judicial review proceeding, unless there is filed in the court, with
the complaint, a receipt from the Department acknowledging payment of the
costs of furnishing and certifying the record, which costs shall be computed
at the rate of 20 cents per page of such record. Failure on the part of
the plaintiff to file such receipt in court shall be grounds for dismissal
of the action.

(Source: P.A. 83-928.)
 
(225 ILCS 50/29) (from Ch. 111, par. 7429)
(Section scheduled to be repealed on January 1, 2026)
Sec. 29.

An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall be prima facie proof:
(a) That such signature is the signature of the Director;
(b) That the Director is duly appointed and qualified; and
(c) That the Board, and the members thereof, are qualified to act.

(Source: P.A. 83-928.)
 
(225 ILCS 50/30) (from Ch. 111, par. 7430)
(Section scheduled to be repealed on January 1, 2026)
Sec. 30.

The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as provided in
the "Mental Health and Developmental Disabilities Code", approved September
5, 1978, as amended, operates as an automatic suspension
of his license. Such suspension will end
upon a finding by
a court that the patient is no longer subject to involuntary admission or
judicial admission and the court issues an order so finding and discharging
the patient and upon the recommendation of the Board to the Director that
the licensee be allowed to resume his practice.

(Source: P.A. 86-800.)
 
(225 ILCS 50/31) (from Ch. 111, par. 7431)
(Section scheduled to be repealed on January 1, 2026)
Sec. 31.
The provisions of "The Illinois Administrative Procedure Act",
approved September 22, 1975, as amended, shall apply to this Act. All final
administrative decisions of the Department are subject to judicial review
pursuant to the provisions of Article III of the "Code of Civil Procedure",
approved August 19, 1981, as
amended. Any circuit court, upon the application of the licensee
or the Department, may
order the attendance of witnesses and the production of relevant records
in any Departmental hearing
relative to the application for or refusal, recall, suspension or revocation
of a license.

(Source: P.A. 98-756, eff. 7-16-14.)
 
(225 ILCS 50/32) (from Ch. 111, par. 7432)
(Section scheduled to be repealed on January 1, 2026)
Sec. 32.

It is declared to be the public policy of this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution
of 1970, that any power or function set forth in this Act to be exercised
by the State is an exclusive State power or function. Such power or function
shall not be exercised concurrently, either directly or indirectly, by any
unit of local government, including home rule units, except as otherwise
provided in this Act.

(Source: P.A. 83-928.)
 
(225 ILCS 50/32.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 32.5.
Effect of amendatory Act of 1995.
All rights and obligations
incurred and any actions commenced under this Act shall not be impaired by the
enactment of this amendatory Act of 1995. Rules adopted under this Act, unless
clearly inconsistent with the provisions of this amendatory Act of 1995, shall
remain in effect until amended or rescinded. All licenses issued under this
Act before the effective date of this amendatory Act of 1995 are valid and are
subject to the same authority of the Department to revoke or suspend them as
are licenses issued after the effective date of this amendatory Act of 1995.

(Source: P.A. 89-72, eff. 12-31-95.)
 
(225 ILCS 50/33) (from Ch. 111, par. 7433)
(Section scheduled to be repealed on January 1, 2026)
Sec. 33.
Violation of Act; unlawful practice.
The advertising, offering
for sale, sale, or distribution of hearing instrument goods and services to
consumers by any person in violation of any of the provisions of this Act is
an unlawful practice pursuant to Section 2Z of the Consumer Fraud
and Deceptive Business Practices Act.

(Source: P.A. 92-16, eff. 6-28-01.)
 
(225 ILCS 50/34) (from Ch. 111, par. 7434)
(Section scheduled to be repealed on January 1, 2026)
Sec. 34.
All remedies, penalties and authority granted to the Attorney
General by the "Consumer Fraud and Deceptive Business Practices Act", approved July
24, 1961, as now or hereafter amended, shall be available to him for the enforcement
of this Act, and Sections 3, 4, 5, 6, 6.1, 7 and 10 of that Act are hereby incorporated
by reference into this Act. In addition, in any action brought by the Attorney
General to enforce this Act, the court may order that persons who incurred
actual damages be awarded the amount at which actual damages are assessed.

(Source: P.A. 96-328, eff. 8-11-09.)

Structure Illinois Compiled Statutes