(225 ILCS 50/18) (from Ch. 111, par. 7418)
(Section scheduled to be repealed on January 1, 2016)
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:
(a) Material misstatement in furnishing information
to the Department or to any other State or federal agency.
(b) Violations of this Act, or the rules promulgated
hereunder.
(c) Conviction of any crime under the laws of the
United States or any state or territory thereof which is a felony or misdemeanor, an essential element of dishonesty, or of any crime which is directly related to the practice of the profession.
(d) Making any misrepresentation for the purpose of
obtaining a license or renewing a license, including falsification of the continuing education requirement.
(e) Professional incompetence.
(f) Malpractice.
(g) Aiding or assisting another person in violating
any provision of this Act or the rules promulgated hereunder.
(h) Failing, within 30 days, to provide in writing
information in response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct which is likely to deceive, defraud or harm the public.
(j) Knowingly employing, directly or indirectly, any
suspended or unlicensed person to perform any services covered by this Act.
(k) Habitual intoxication or addiction to the use of
drugs.
(l) Discipline by another state, the District of
Columbia, territory, or a foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
(m) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any service not actually rendered. Nothing in this paragraph (m) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (m) shall be construed to require an employment arrangement to receive professional fees for services rendered.
(n) A finding by the Board that the licensee, after
having his or her license placed on probationary status has violated the terms or probation.
(o) Willfully making or filing false records or
reports.
(p) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(q) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor skill which results in the inability to practice the profession with reasonable judgement, skill or safety.
(r) Solicitation of services or products by
advertising that is false or misleading. An advertisement is false or misleading if it:
(1) contains an intentional misrepresentation of
fact;
(2) contains a false statement as to the
licensee's professional achievements, education, skills, or qualifications in the hearing instrument dispensing profession;
(3) makes a partial disclosure of a relevant
fact, including:
(i) the advertisement of a discounted price
of an item without identifying in the advertisement or at the location of the item either the specific product being offered at the discounted price or the usual price of the item; and
(ii) the advertisement of the price of a
specifically identified hearing instrument if more than one hearing instrument appears in the same advertisement without an accompanying price;
(4) contains a representation that a product
innovation is new when, in fact, the product was first offered by the manufacturer to the general public in this State not less than 12 months before the date of the advertisement;
(5) contains any other representation, statement,
or claim that is inherently misleading or deceptive; or
(6) contains information that the licensee
manufactures hearing instruments at the licensee's office location unless the following statement includes a statement disclosing that the instruments are manufactured by a specified manufacturer and assembled by the licensee.
(s) Participating in subterfuge or misrepresentation
in the fitting or servicing of a hearing instrument.
(t) (Blank).
(u) Representing that the service of a licensed
physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of hearing instruments 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 which 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.
(v) Advertising a manufacturer's product or using a
manufacturer's name or trademark implying a relationship which does not exist.
(w) Directly or indirectly giving or offering
anything of value to any person who advises another in a professional capacity, as an inducement to influence the purchase of a product sold or offered for sale by a hearing instrument dispenser or influencing persons to refrain from dealing in the products of competitors.
(x) Conducting business while suffering from a
contagious disease.
(y) Engaging in the fitting or sale of hearing
instruments under a name with fraudulent intent.
(z) Dispensing a hearing instrument to a person who
has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of hearing instruments, except where there is the replacement of a hearing instrument, of the same make and model within one year of the dispensing of the original hearing instrument.
(aa) Unavailability or unwillingness to adequately
provide for service or repair of hearing instruments fitted and sold by the dispenser.
(bb) Violating the regulations of the Federal Food
and Drug Administration or the Federal Trade Commission as they affect hearing instruments.
(cc) Violating any provision of the Consumer Fraud
and Deceptive Business Practices Act.
(dd) Violating the Health Care Worker Self-Referral
Act.
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. 96-1482, eff. 11-29-10.)
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Last modified: February 18, 2015