LRB-2943/1
MDK:wlj:pg
2003 - 2004 LEGISLATURE
February 16, 2004 - Introduced by Representatives Underheim, Berceau,
Kreibich, Townsend, Vrakas, Albers, Hines, Bies, Wasserman and Ott,
cosponsored by Senator Kedzie. Referred to Committee on Health.
AB841,1,10
1An Act to repeal 15.405 (6m) (c) 1., 15.405 (6m) (d) 1., 440.04 (8) and subchapter
2III of chapter 459 [precedes 459.40];
to renumber and amend 15.405 (6m) (c)
32., 15.405 (6m) (d) 2., 459.09 and 459.24 (5);
to amend 440.05 (intro.), 440.08
4(2) (a) (intro.), 440.23 (1), 459.03 (1), 459.035, 459.05 (1m), 459.07 (2), 459.085,
5459.095 (3), 459.10 (1) (i), 459.10 (1) (p), 459.22 (2) (f), 459.24 (1) (a), 459.24 (1)
6(b), 459.24 (2) (f), 459.24 (3m) (a), 459.24 (4), 459.24 (5m) (a) 3. a., 459.24 (5m)
7(a) 3. b., 459.24 (6) (c), 459.34 (2) (cm) and 459.34 (2) (cs); and
to create 459.34
8(2) (h) of the statutes;
relating to: various changes to the regulation of hearing
9instrument specialists, speech-language pathologists, and audiologists and
10granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes the following changes to the regulation of hearing instrument
specialists, audiologists, and speech-language pathologists by the Hearing and
Speech Examining Board (board):
1. Under current law, a person may not engage in the practice of dealing in or
fitting hearing aids unless he or she has a hearing instrument specialist license or
training permit issued by the board. In addition, a person who is issued a training
permit must be supervised by a licensed hearing instrument specialist. Under this
bill, a person licensed as an audiologist by the board may also supervise a person with
a training permit.
2. Under current law, a person who is licensed as a hearing instrument
specialist, an audiologist, or a speech-language pathologist must renew the license
every two years. In addition, a person must complete 20 hours of continuing
education to renew a license. Under this bill, a person does not have to complete
continuing education the first time he or she applies to renew a license, but must
complete continuing education for each subsequent renewal.
3. Current law specifies various grounds for which the board may discipline a
person licensed as a hearing instrument specialist, a speech-language pathologist,
or an audiologist. This bill allows the board to discipline a speech-language
pathologist or an audiologist who engages in unprofessional conduct as defined by
rule by the board. Under current law, the board may discipline a hearing instrument
specialist for unprofessional conduct.
4. Under current law, the board may issue a temporary license that allows a
person to practice as an audiologist or a speech-language pathologist for a period of
no more than nine months. This bill eliminates the nine-month limit and allows the
board to promulgate rules that designate the period of a temporary license. The rules
may designate a period that terminates if an applicant fails to take the next available
examination that is required for a license for reasons other than inaction by the board
or hardship.
5. Under current law, a hearing instrument specialist or an audiologist must
test the hearing or observe the ear canal of a person who purchases a hearing aid.
This bill requires the testing or observation also for a person for whom a hearing aid
is purchased.
6. The bill prohibits a hearing instrument specialist or audiologist from fitting
or selling a hearing aid for a person 17 years or younger unless the person has been
examined by a physician within the previous 90 days. Under current law, the
prohibition applies to a person who is 16 years or younger.
7. Under current law, persons who are licensed by the Department of Public
Instruction (DPI) as speech-language pathologists are exempt from the board's
licensing requirements. This bill also exempts persons licensed as audiologists by
DPI. In addition, the bill clarifies that the exemptions apply only if a person's entire
practice of speech-language pathology or audiology is limited to the position for
which the person is licensed by DPI.
8. Under current law, a person may be licensed by the board as a
speech-language pathologist if he or she satisfies certain requirements, including
completion of a postgraduate clinical fellowship. This bill provides that a person may
also complete education or training that the board determines is substantially
similar to such a fellowship.
9. Under current law, a person is not allowed to use a title related to audiology
or speech-language pathology, or practice audiology or speech-language pathology,
unless he or she is issued a license by the board. Prior to July 1, 1993, such persons
were issued certificates of registration by the board. This bill eliminates all outdated
references to audiology and speech-language pathology certificates of registration.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB841, s. 1
1Section
1. 15.405 (6m) (c) 1. of the statutes is repealed.
AB841, s. 2
2Section
2. 15.405 (6m) (c) 2. of the statutes is renumbered 15.405 (6m) (c) and
3amended to read:
AB841,3,54
15.405
(6m) (c)
One audiologist Two audiologists licensed under subch. II of ch.
5459.
This subdivision applies after June 30, 1993.
AB841, s. 3
6Section
3. 15.405 (6m) (d) 1. of the statutes is repealed.
AB841, s. 4
7Section
4. 15.405 (6m) (d) 2. of the statutes is renumbered 15.405 (6m) (d) and
8amended to read:
AB841,3,109
15.405
(6m) (d)
One Two speech-language
pathologist pathologists licensed
10under subch. II of ch. 459.
This subdivision applies after June 30, 1993.
AB841, s. 5
11Section
5. 440.04 (8) of the statutes is repealed.
AB841, s. 6
12Section
6. 440.05 (intro.) of the statutes is amended to read:
AB841,3,15
13440.05 Standard fees. (intro.) The following standard fees apply to all initial
14credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.05,
15444.11, 447.04 (2) (c) 2., 449.17,
and 449.18
and 459.46:
AB841, s. 7
16Section
7. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB841,3,1917
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
18444.03, 444.05, 444.11, 448.065, 447.04 (2) (c) 2., 449.17,
and 449.18
and 459.46, the
19renewal dates and renewal fees for credentials are as follows:
AB841, s. 8
20Section
8. 440.23 (1) of the statutes is amended to read:
AB841,4,7
1440.23
(1) If the holder of a credential pays a fee required under s. 440.05 (1)
2or (6), 440.08, 444.03, 444.05,
or 444.11
or 459.46 (2) (b) by check or debit or credit
3card and the check is not paid by the financial institution upon which the check is
4drawn or if the demand for payment under the debit or credit card transaction is not
5paid by the financial institution upon which demand is made, the department may
6cancel the credential on or after the 60th day after the department receives the notice
7from the financial institution, subject to sub. (2).
AB841, s. 9
8Section
9. 459.03 (1) of the statutes is amended to read:
AB841,4,159
459.03
(1) Whoever practices fitting or selling of hearing aids under this
10subchapter shall deliver to each person supplied with a hearing aid a receipt. The
11receipt shall contain the licensee's signature and show the licensee's business
12address and
certificate license number, together with specifications as to the make
13and model of the hearing aid furnished and full terms of sale clearly stated. If a
14hearing aid which is not new is sold, the receipt and the container thereof must be
15clearly marked as "used" or "reconditioned" whichever is applicable.
AB841, s. 10
16Section
10. 459.035 of the statutes is amended to read:
AB841,4,21
17459.035 Medical exam before being fitted. A hearing aid shall not be fitted
18for or sold to a
child 16 person 17 years of age or younger unless within 90 days prior
19to the fitting the person to be fitted has been examined by a physician to determine
20whether or not he or she has any physical deficiencies that would prohibit the
21effective use of a hearing aid.
AB841, s. 11
22Section
11. 459.05 (1m) of the statutes is amended to read:
AB841,5,923
459.05
(1m) Whenever the examining board determines that another state or
24jurisdiction has requirements equivalent to or higher than those in effect in the state
25for the practice of fitting and selling hearing aids, and that such state or jurisdiction
1has a program equivalent to or stricter than the program for determining whether
2applicants in this state are qualified to fit and sell hearing aids, the department may
3issue a license by reciprocity to applicants who hold valid
certificates or licenses to
4deal in or fit hearing aids in such other state or jurisdiction, who pay the fee specified
5in s. 440.05 (2) and who are otherwise qualified for licensure. No applicant for a
6license by reciprocity under this subsection shall be required to submit to or undergo
7a qualifying examination, if the applicant personally appears at the next meeting of
8the examining board after filing the application to answer any questions the
9examining board has.
AB841, s. 12
10Section
12. 459.07 (2) of the statutes is amended to read:
AB841,5,1711
459.07
(2) Upon receiving an application under this section, accompanied by
12the fee under s. 440.05 (6), the examining board may grant a trainee permit which
13may entitle the applicant to practice fitting of hearing aids for a period of one year.
14A person holding a valid hearing instrument specialist license
issued under this
15subchapter or a valid license to practice audiology issued under s. 459.24 (3) shall be
16responsible for the direct supervision and training of the applicant and shall be liable
17for all negligent acts and omissions of the trainee in the fitting of hearing aids.
AB841, s. 13
18Section
13. 459.085 of the statutes is amended to read:
AB841,5,23
19459.085 Calibration of audiometric equipment. Audiometric equipment
20used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids
21shall be calibrated periodically, as specified by rule by the examining board.
22Certification of these calibrations shall be sent to the examining board with the
23renewal fee required in s. 459.09
(1) (a).
AB841, s. 14
24Section
14. 459.09 of the statutes is renumbered 459.09 (1) (intro.) and
25amended to read:
AB841,6,3
1459.09
Renewal and posting of license. (1) (intro.) Each person issued a
2license under this subchapter shall, on or before the applicable renewal date
3specified under s. 440.08 (2) (a),
pay do all of the following:
AB841,6,5
4(a) Pay to the department the applicable renewal fee specified under s. 440.08
5(2) (a)
and, for a license that expires on or after February 1, 2001, submit.
AB841,6,11
6(b) Submit with the renewal application proof that he or she completed, within
7the 2 years immediately preceding the date of his or her application, 20 hours of
8continuing education programs or courses of study approved or required under rules
9promulgated under s. 459.095.
This paragraph does not apply to an applicant for
10renewal of a license that expires on the first renewal date after the date on which the
11examining board initially granted the license.
AB841,6,15
12(2) A licensee shall keep
the certificate a license issued under this subchapter 13conspicuously posted in his or her office or place of business at all times. Where more
14than one office is operated by the licensee, duplicate
certificates licenses shall be
15issued by the department for posting in each location.
AB841, s. 15
16Section
15. 459.095 (3) of the statutes is amended to read:
AB841,7,717
459.095
(3) In consultation with the department, promulgate rules that
18require each person issued a license under this subchapter
to whom s. 459.09 (1) (b)
19applies to complete a specified continuing education program or course of study to
20ensure competence with respect to a matter related to the practice of fitting and
21dealing in hearing aids if the examining board has received a significant number of
22consumer complaints about the matter or if the examining board otherwise
23determines that there is a need for such a requirement. Rules promulgated under
24this subsection shall establish criteria for the examining board's approval of the
25continuing education program or course of study and of sponsors and cosponsors of
1the continuing education program or course of study. The rules shall also require the
2examining board to administer, prior to the continuing education program or course
3of study, an examination on the matter that is the subject of the continuing education
4program or course of study and to waive a requirement to complete the continuing
5education program or course of study if a person granted a license under this
6subchapter passes the examination. A person who takes an examination specified
7in this subsection shall pay the fee specified in s. 440.05 (1) (b).
AB841, s. 16
8Section
16. 459.10 (1) (i) of the statutes is amended to read:
AB841,7,109
459.10
(1) (i) Failed to conduct a direct observation of the
purchaser's ear canal
10of a person for whom a hearing aid is purchased.
AB841, s. 17
11Section
17. 459.10 (1) (p) of the statutes is amended to read:
AB841,7,1512
459.10
(1) (p) Sold a hearing aid
to
for use by a person who was not given tests
13by a hearing instrument specialist or an audiologist licensed under this chapter or
14in another state using appropriate procedures and instrumentation or without
15proper measurement of the functional intensity and range of the person's hearing.
AB841, s. 18
16Section
18. 459.22 (2) (f) of the statutes is amended to read:
AB841,7,2317
459.22
(2) (f) Require an individual to be licensed under this subchapter to
18engage in the practice of speech-language pathology or audiology
, other than
19engaging in the practice of fitting and dealing in hearing aids, in a position for which
20the department of public instruction requires licensure as a speech and language
21pathologist
or audiologist, if the individual's entire practice of speech-language
22pathology or audiology, other than engaging in the practice of fitting and dealing in
23hearing aids, is limited to the duties of that position.
AB841, s. 19
24Section
19. 459.24 (1) (a) of the statutes is amended to read:
AB841,8,4
1459.24
(1) (a) Engage in the practice of speech-language pathology or use the
2title "speech-language pathologist" or any similar title unless the person holds a
3current speech-language pathologist license granted by the examining board
under
4sub. (2) or (6) (a).
AB841, s. 20
5Section
20. 459.24 (1) (b) of the statutes is amended to read:
AB841,8,86
459.24
(1) (b) Engage in the practice of audiology or use the title "audiologist
",," 7"clinical audiologist" or any similar title unless the person holds a current audiologist
8license granted by the examining board
under sub. (3) or (6) (b).
AB841, s. 21
9Section
21. 459.24 (2) (f) of the statutes is amended to read:
AB841,8,1410
459.24
(2) (f) Submits evidence satisfactory to the examining board that he or
11she has completed a postgraduate clinical fellowship in speech-language pathology
12approved by the examining board
or has completed education or training that the
13examining board determines is substantially equivalent to the completion of such a
14fellowship.
AB841, s. 22
15Section
22. 459.24 (3m) (a) of the statutes is amended to read:
AB841,8,2216
459.24
(3m) (a) Deliver to each person supplied with a hearing aid a receipt.
17The receipt shall contain the signature and show the business address and
certificate 18license or permit number of the licensee or permittee, together with specifications
19as to the make and model of the hearing aid and full terms of sale clearly stated. If
20a hearing aid that is not new is sold, the receipt and the container must be clearly
21marked as "used" or "reconditioned", whichever is applicable. The terms of the
22guarantee, if there is any given, shall be set out in not less than 8-point type.
AB841, s. 23
23Section
23. 459.24 (4) of the statutes is amended to read:
AB841,9,324
459.24
(4) Posting of license certificate. The department shall issue a
25certificate to each licensee, certifying that the holder is licensed
. Each person issued
1a license under this subchapter to practice speech-language pathology or audiology
.
2The licensee shall post the
certificate license in a conspicuous place in the licensee's
3place of business.
AB841, s. 24
4Section
24. 459.24 (5) of the statutes is renumbered 459.24 (5) (intro.) and
5amended to read:
AB841,9,106
459.24
(5) Expiration and renewal. (intro.) The renewal dates for licenses
7granted under this subchapter, other than temporary licenses granted under sub.
8(6), are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the
9department on a form provided by the department and shall include
the all of the
10following:
AB841,9,12
11(a) The renewal fee specified in s. 440.08 (2) (a)
and, for licenses that expire on
12or after February 1, 2001, proof.
AB841,9,18
13(b) Proof that the applicant completed, within the 2 years immediately
14preceding the date of his or her application, 20 hours of continuing education
15programs or courses of study approved or required under rules promulgated under
16sub. (5m).
This paragraph does not apply to an applicant for renewal of a license that
17expires on the first renewal date after the date on which the examining board
18initially granted the license.
AB841, s. 25
19Section
25. 459.24 (5m) (a) 3. a. of the statutes is amended to read: