SB389: Bill Text

SB389, s. 2 Section 2. 29.193 (2) (a) 1. of the statutes is amended to read:

SB389,3,7 29.193 (2) (a) 1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

SB389, s. 3 Section 3. 29.324 (1) (a) of the statutes is amended to read:

SB389,4,3 29.324 (1) (a) "Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

SB389, s. 4 Section 4. 45.40 (2) (a) of the statutes is amended to read:

SB389,4,7 45.40 (2) Health care. (a) The department may provide health care aid to a veteran for dental care, including dentures; vision care, including eyeglass frames and lenses; and hearing care, including hearing aids instruments.

SB389, s. 5 Section 5. 77.54 (22) (b) of the statutes is amended to read:

SB389,4,11 77.54 (22) (b) Artificial limbs, artificial eyes, hearing aids instruments and other equipment worn as a correction or substitute for any functioning portion of the body.

SB389, s. 6 Section 6. 102.01 (2) (c) of the statutes is amended to read:

SB389,4,18 102.01 (2) (c) "Injury" means mental or physical harm to an employee caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids instruments and eyeglasses, but, in the case of hearing aids instruments or eyeglasses, only if such damage or destruction resulted from accident which also caused personal injury entitling the employee to compensation therefor either for disability or treatment.

SB389, s. 7 Section 7. 149.14 (3) (k) of the statutes is amended to read:

SB389,4,22 149.14 (3) (k) Rental or purchase, as appropriate, of durable medical equipment or disposable medical supplies, other than eyeglasses and hearing aids instruments.

SB389, s. 8 Section 8. 459.01 (1) of the statutes is renumbered 459.01 (1m).

SB389, s. 9 Section 9. 459.01 (1d) of the statutes is created to read:

SB389,5,4 459.01 (1d) "Deceptive advertising" means creating, using, or promoting the use of any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, false, or untruthful.

SB389, s. 10 Section 10. 459.01 (2), (3) and (5) of the statutes are amended to read:

SB389,5,9 459.01 (2) "Hearing aid instrument" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

SB389,5,12 (3) "Hearing instrument specialist" means any person who is or is required to be licensed under s. 459.05 to engage in the practice of dealing in or fitting hearing aids instruments.

SB389,5,17 (5) "Practice of fitting and dealing in hearing aids instruments" means the measurement of human hearing by means of an audiometer or by any other means accepted by the examining board solely for the purpose of making selections, adaptations or sales of hearing aids instruments intended to compensate for impaired hearing. This term also includes making impressions for ear molds.

SB389, s. 11 Section 11. 459.02 of the statutes is amended to read:

SB389,6,3 459.02 License required to sell and fit hearing aids instruments. (1) No person may engage in the practice of selling or fitting hearing aids instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting or sale of hearing aids instruments unless he or she holds a valid license issued under this subchapter or a valid license or permit to practice audiology issued under subch. II. The license required by s. 459.05 shall be conspicuously posted in his or her office or place of business as registered with the department at all times. Duplicate licenses shall be issued by the department under this subchapter to valid license holders operating more than one office without additional payment.

SB389,6,11 (2) Nothing in this subchapter or subch. II shall prohibit any corporation or mercantile establishment which maintains an established business address from engaging in the business of selling or offering for sale hearing aids instruments at retail without a license, provided that for the purpose of selling and fitting hearing aids instruments it employs persons licensed under this subchapter or persons issued licenses or permits to practice audiology under subch. II. Such corporation or mercantile establishment shall annually file with the examining board a list of all persons employed for the purpose of selling and fitting hearing aids instruments.

SB389, s. 12 Section 12. 459.03 (title) of the statutes is amended to read:

SB389,6,14 459.03 (title) Receipt required to be furnished to a person supplied with hearing aid instrument.

SB389, s. 13 Section 13. 459.03 (1) of the statutes is amended to read:

SB389,6,23 459.03 (1) Whoever practices fitting or selling of hearing aids instruments under this subchapter shall deliver to each person supplied with a hearing aid instrument a receipt. The receipt shall contain the licensee's signature and show the licensee's business address and license title and number, together with specifications as to the make and model of the hearing aid instrument furnished and full terms of sale clearly stated. If a hearing aid instrument which is not new is sold, the receipt and the container thereof must be clearly marked as "used" or "reconditioned" whichever is applicable.

SB389, s. 14 Section 14. 459.03 (2) (b) of the statutes is amended to read:

SB389,7,7 459.03 (2) (b) A statement that the purchaser has been advised at the outset of the purchaser's relationship with the hearing instrument specialist that any examination or representation made by a hearing instrument specialist in connection with the fitting and selling of this hearing aid instrument is not an examination, diagnosis or prescription by a person licensed to practice medicine or audiology in this state and therefore must not be regarded as medical or audiological opinion or advice.

SB389, s. 15 Section 15. 459.035 of the statutes is amended to read:

SB389,7,13 459.035 Medical exam before being fitted. A hearing aid instrument shall not be fitted for or sold to a person 17 years of age or younger unless within 90 days prior to the fitting the person to be fitted has been examined by a physician to determine whether or not he or she has any physical deficiencies that would prohibit the effective use of a hearing aid instrument.

SB389, s. 16 Section 16. 459.04 of the statutes is amended to read:

SB389,7,17 459.04 Seller's guarantee. The seller of a hearing aid instrument shall give to the purchaser a personal guarantee that is at least identical in its terms to the guarantee of the manufacturer of the hearing aid instrument.

SB389, s. 17 Section 17. 459.05 (1m) of the statutes is amended to read:

SB389,8,5 459.05 (1m) Whenever the examining board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect in the state for the practice of fitting and selling hearing aids instruments, and that such state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants in this state are qualified to fit and sell hearing aids instruments, the department may issue a license by reciprocity to applicants who hold valid licenses to deal in or fit hearing aids instruments in such other state or jurisdiction, who pay the fee specified in s. 440.05 (2) and who are otherwise qualified for licensure. No applicant for a license by reciprocity under this subsection shall be required to submit to or undergo a qualifying examination, if the applicant personally appears at the next meeting of the examining board after filing the application to answer any questions the examining board has.

SB389, s. 18 Section 18. 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3) of the statutes are amended to read:

SB389,8,9 459.06 (2) (a) (intro.) Tests of knowledge in the following areas as they pertain to the fitting of hearing aids instruments:

SB389,8,10 3. The function of hearing aids instruments.

SB389,8,12 (b) (intro.) Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids instruments:

SB389,8,14 4. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaption of a hearing aid instrument.

SB389,8,19 (3) The applicant for license by examination shall appear at a time and place as the examining board designates, to be examined by means of written and practical tests in order to demonstrate that he or she is qualified to practice the fitting of hearing aids instruments. Such examinations shall be conducted at least twice a year and at such other times and places designated by the examining board.

SB389, s. 19 Section 19. 459.07 (2) of the statutes is amended to read:

SB389,9,3 459.07 (2) Upon receiving an application under this section, accompanied by the fee under s. 440.05 (6), the examining board may grant a trainee permit which may entitle the applicant to practice fitting of hearing aids instruments for a period of one year. A person holding a valid hearing instrument specialist license issued under this subchapter or a valid license to practice audiology issued under s. 459.24 (3) shall be responsible for the direct supervision and training of the applicant and shall be liable for all negligent acts and omissions of the trainee in the fitting of hearing aids instruments.

SB389, s. 20 Section 20. 459.08 (1) of the statutes is amended to read:

SB389,9,9 459.08 (1) A person who holds a license shall notify the department in writing or in accordance with other notification procedures approved by the department of the regular address of the places where he or she engages or intends to engage in the practice of fitting or selling hearing aids instruments. The licensee shall inform the board of any changes in these addresses within 30 days of the change.

SB389, s. 21 Section 21. 459.085 of the statutes is amended to read:

SB389,9,15 459.085 Calibration of audiometric equipment. Audiometric equipment used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids instruments shall be calibrated periodically, as specified by rule by the examining board. Certification of these calibrations shall be sent to the examining board with the renewal fee required in s. 459.09 (1) (a).

SB389, s. 22 Section 22. 459.095 (3) of the statutes is amended to read:

SB389,9,25 459.095 (3) In consultation with the department, promulgate rules that require each person issued a license under this subchapter to whom s. 459.09 (1) (b) applies to complete a specified continuing education program or course of study to ensure competence with respect to a matter related to the practice of fitting and dealing in hearing aids instruments if the examining board has received a significant number of consumer complaints about the matter or if the examining board otherwise determines that there is a need for such a requirement. Rules promulgated under this subsection shall establish criteria for the examining board's approval of the continuing education program or course of study and of sponsors and cosponsors of the continuing education program or course of study. The rules shall also require the examining board to administer, prior to the continuing education program or course of study, an examination on the matter that is the subject of the continuing education program or course of study and to waive a requirement to complete the continuing education program or course of study if a person granted a license under this subchapter passes the examination. A person who takes an examination specified in this subsection shall pay the fee specified in s. 440.05 (1) (b).

SB389, s. 23 Section 23. 459.10 (1) (d) and (e) of the statutes are amended to read:

SB389,10,10 459.10 (1) (d) Been found guilty of an offense the circumstances of which substantially relate to the practice of fitting and dealing in hearing aids instruments.

SB389,10,12 (e) Violated this subchapter or ch. 440 or any federal or state statute or rule which relates to the practice of fitting and dealing in hearing aids instruments.

SB389, s. 24 Section 24. 459.10 (1) (g) of the statutes is amended to read:

SB389,10,14 459.10 (1) (g) Engaged in false, misleading or deceptive advertising.

SB389, s. 25 Section 25. 459.10 (1) (i), (j), (k) and (p) of the statutes are amended to read:

SB389,10,17 459.10 (1) (i) Failed to conduct a direct observation of the ear canal of a person for whom a hearing aid instrument is purchased.

SB389,10,19 (j) Engaged in conduct which evidenced a lack of knowledge or ability to apply principles or skills of the practice of fitting and dealing in hearing aids instruments.

SB389,10,23 (k) Engaged in unprofessional conduct. In this subsection, "unprofessional conduct" means the violation of any standard of professional behavior which through experience, state statute or administrative rule has become established in the practice of fitting and dealing in hearing aids instruments.

SB389,11,2 (p) Sold a hearing aid instrument for use by a person who was not given tests by a hearing instrument specialist or an audiologist licensed under this chapter or in another state using appropriate procedures and instrumentation or without proper measurement of the functional intensity and range of the person's hearing.

SB389, s. 26 Section 26. 459.10 (1) (q), (r), (s) and (t) of the statutes are created to read:

SB389,11,7 459.10 (1) (q) Intentionally or negligently misrepresented that the services or advice of a physician or audiologist will be used or made available in the fitting, sale, adjustment, service, maintenance, or repair of a hearing instrument when such services or advice will not be used or made available.

SB389,11,9 (r) Intentionally or negligently misrepresented the cause of a hearing impairment or the cure of a hearing impairment, by the use of a hearing instrument.

SB389,11,11 (s) Made an intentional or negligent misrepresentation regarding a hearing instrument or services.

SB389,11,14 (t) Misused the words "doctor," "clinic," "clinical," or other words, abbreviations, or symbols that imply the involvement of the medical or audiology professions in the absence of such involvement.

SB389, s. 27 Section 27. 459.14 (2) of the statutes is amended to read:

SB389,11,19 459.14 (2) This subchapter does not apply to a person engaged in the practice of measuring human hearing for selecting hearing aids instruments or any other purpose if the person or the organization employing such person does not sell hearing aids instruments or hearing accessories.

SB389, s. 28 Section 28. 459.20 (2) (a) and (b), (3g) and (3p) of the statutes are amended to read:

SB389,12,4 459.20 (2) (a) Applying principles, methods, or procedures of prevention, identification, assessment, measurement, interpretation, evaluation, consultation, intervention, treatment, conservation, management, counseling, instruction, or research related to hearing, vestibular function, or any abnormal condition related to tinnitus, auditory sensitivity, acuity, function or processing, speech, language, or other aberrant behavior resulting from hearing loss for the purpose of diagnosing such abnormal condition and designing and implementing a plan for the treatment, management, or amelioration of such abnormal condition.

SB389,12,5 (b) Engaging in the practice of fitting and dealing in hearing aids instruments.

SB389,12,9 (3g) "Hearing aid instrument" means any wearable or implantable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

SB389,12,14 (3p) "Practice of fitting and dealing in hearing aids instruments" means the measurement of human hearing by means of an audiometer or by any other means accepted by the examining board for the purpose of making selections, adaptations or sales of hearing aids instruments intended to compensate for impaired hearing, and includes making impressions for ear molds.

SB389, s. 29 Section 29. 459.22 (2) (b), (c) and (f) of the statutes are amended to read:

SB389,12,18 459.22 (2) (b) Authorize a speech-language pathologist licensed under this subchapter to dispense or sell hearing aids instruments without obtaining a hearing instrument specialist license under subch. I.

SB389,12,22 (c) Require a hearing instrument specialist licensed under subch. I to be licensed as an audiologist under this subchapter to engage in the testing of hearing or in other practices or procedures solely for the purpose of fitting or selling hearing aids instruments.

SB389,13,4 (f) Require an individual to be licensed under this subchapter to engage in the practice of speech-language pathology or audiology, other than engaging in the practice of fitting and dealing in hearing aids instruments, in a position for which the department of public instruction requires licensure as a speech and language pathologist or audiologist, if the individual's entire practice of speech-language pathology or audiology, other than engaging in the practice of fitting and dealing in hearing aids instruments, is limited to the duties of that position.

SB389, s. 30 Section 30. 459.24 (1) (a) of the statutes is amended to read:

SB389,13,9 459.24 (1) (a) Engage in the practice of speech-language pathology or use the title "speech-language pathologist" or any similar title without limitation by enumeration unless the person holds a current speech-language pathologist license granted by the examining board under sub. (2) or (6) (a).

SB389, s. 31 Section 31. 459.24 (1) (b) of the statutes is amended to read:

SB389,13,14 459.24 (1) (b) Engage in the practice of audiology or use the title "audiologist," "clinical audiologist," or any similar title without limitation by enumeration unless the person holds a current audiologist license granted by the examining board under sub. (3) or (6) (b).

SB389, s. 32 Section 32. 459.24 (1m) of the statutes is amended to read:

SB389,13,19 459.24 (1m) Prohibited titles. No person may use the title "certified hearing aid audiologist," "audioprosthologist," "certified hearing instrument audiologist," "licensed hearing instrument audiologist," or "licensed hearing aid audiologist", or any similar title without limitation by enumeration.

SB389, s. 33 Section 33. 459.24 (3) (d) of the statutes is renumbered 459.24 (3) (d) (intro.) and amended to read:

SB389,13,24 459.24 (3) (d) (intro.) Submits evidence satisfactory to the examining board that he or she has completed a supervised clinical practicum and received satisfied one of the following:

SB389,14,5 1. Received a master's degree in audiology from a college or university approved by the examining board, or has completed education or training that the examining board determines is substantially equivalent to the completion of those requirements. This subdivision applies to applications received on or before December 31, 2008.

SB389, s. 34 Section 34. 459.24 (3) (d) 2. and 3. of the statutes are created to read:

SB389,14,12 459.24 (3) (d) 2. Submits evidence satisfactory to the examining board that he or she possesses a doctoral degree in audiology from an accredited academic institution approved by the board by rule. The doctoral degree program must consist of not less than 3 years of educational course work and not less than 12 months of clinical rotation or externship. This subdivision applies to applications received after December 31, 2008.

SB389,14,16 3. Submits evidence satisfactory to the examining board that he or she has completed education or training that the examining board determines is substantially equivalent to the requirements under subd. 2. This subdivision applies to applications received after December 31, 2008.

SB389, s. 35 Section 35. 459.24 (3) (e) of the statutes is amended to read:

SB389,14,25 459.24 (3) (e) Submits evidence satisfactory to the examining board that he or she has passed the examination required for certification as an audiologist by the American Speech-Language-Hearing Association or passes an examination under s. 459.26 (2) (a) to determine fitness as an audiologist, selected or approved by the board by rule under s. 459.26 (2) (b), or has completed education or training that the examining board determines is substantially equivalent to passing one of those examinations in determining fitness as an audiologist the examination selected or approved by the board under s. 459.26 (2) (b).

SB389, s. 36 Section 36. 459.24 (3) (f) of the statutes is amended to read: