SB389: Bill Text

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:

SB389,15,6 459.24 (3) (f) Submits evidence satisfactory to the examining board that he or she has completed a postgraduate clinical fellowship in audiology approved by the examining board or has completed education or training that the examining board determines is substantially equivalent to the completion of such a fellowship. This paragraph applies to applications received on or before December 31, 2008.

SB389, s. 37 Section 37. 459.24 (3m) of the statutes is amended to read:

SB389,15,11 459.24 (3m) Fitting and sale of hearing aids instruments. An audiologist licensed under this subchapter or an individual granted a permit to practice audiology under this subchapter who engages in the practice of fitting and dealing in hearing aids instruments shall do all of the following:

SB389,15,19 (a) Deliver to each person supplied with a hearing aid instrument a receipt. The receipt shall contain the signature and show the business address and, license or permit title, and number of the licensee or permittee, together with specifications as to the make and model of the hearing aid instrument and full terms of sale clearly stated. If a hearing aid instrument that is not new is sold, the receipt and the container must be clearly marked as "used" or "reconditioned", whichever is applicable. The terms of the guarantee, if there is any given, shall be set out in not less than 8-point type.

SB389,15,22 (b) Give to a purchaser of a hearing aid instrument a personal guarantee that is at least identical in its terms to the guarantee given by the manufacturer of the hearing aid instrument.

SB389, s. 38 Section 38. 459.24 (6) (b) of the statutes is amended to read:

SB389,16,5 459.24 (6) (b) Upon application, the The examining board may grant a temporary license to practice audiology to an applicant who, during the completion of the postgraduate fellowship required under sub. (3) (f) if the applicant, practices under the supervision of an audiologist licensed under sub. (3), satisfies the requirements under sub. (3) (a) to (d), and has submitted an application to take the next available examinations for licensure as an audiologist under s. 459.26 (2) (a) and (b). No license may be issued under this paragraph after December 31, 2008.

SB389, s. 39 Section 39. 459.26 (2) (a) of the statutes is amended to read:

SB389,16,13 459.26 (2) (a) Examinations for speech-language pathologists shall consist of the examinations required for certification as a speech-language pathologist or as an audiologist by the American speech-language-hearing association or may consist of other written tests that require applicants to demonstrate minimum competency in services and subjects substantially related to the practice of speech-language pathology or audiology and that are substantially equivalent to the examinations required for such certification.

SB389, s. 40 Section 40. 459.26 (2) (b) (intro.) and 4. of the statutes are amended to read:

SB389,16,19 459.26 (2) (b) (intro.) The examining board shall by rule select and approve examinations for audiology. An applicant for an audiologist license shall also complete an examination administered by the examining board that consists of practical tests of proficiency in techniques that pertain to the fitting of hearing aids instruments, including the following:

SB389,16,21 4. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaption adaptation of a hearing aid instrument.

SB389, s. 41 Section 41. 459.34 (2) (ce), (cm) and (cs) of the statutes are amended to read:

SB389,16,25 459.34 (2) (ce) Violated any federal or state statute, rule or regulation that relates to the practice of fitting and dealing in hearing aids instruments. This paragraph does not apply to speech-language pathologists.

SB389,17,3 (cm) Failed to conduct a direct observation of the ear canal of a person for whom a hearing aid instrument is purchased. This paragraph does not apply to speech-language pathologists.

SB389,17,8 (cs) Sold a hearing aid instrument for use by a person who was not given tests by a hearing instrument specialist or 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. This paragraph does not apply to speech-language pathologists.

SB389, s. 42 Section 42. 459.34 (2) (d) of the statutes is amended to read:

SB389,17,11 459.34 (2) (d) Advertised Engaged in a manner which is false, deceptive or misleading advertising.

SB389, s. 43 Section 43. 459.34 (2) (i) of the statutes is created to read:

SB389,17,16 459.34 (2) (i) Intentionally or negligently misrepresented that the professional 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, s. 44 Section 44. 459.34 (2) (j) of the statutes is created to read:

SB389,17,19 459.34 (2) (j) Made an intentional or negligent misrepresentation regarding a hearing instrument or services.

SB389, s. 45 Section 45. 459.34 (2) (k) of the statutes is created to read:

SB389,17,23 459.34 (2) (k) 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. 46 Section 46. 968.27 (7) (b) of the statutes is amended to read:

SB389,18,2 968.27 (7) (b) A hearing aid instrument or similar device being used to correct subnormal hearing to not better than normal.

SB389,18,3 (End)