2007 - 2008 LEGISLATURE
January 15, 2008 - Introduced by Senators Vinehout, Kedzie, Coggs, Lehman,
Taylor, Kapanke and
Olsen, cosponsored by Representatives Newcomer, A.
Ott, Zepnick, Sheridan, Townsend, Wasserman, Jorgensen, Bies, Kaufert
and Mason. Referred to Committee on Health, Human Services, Insurance,
and Job Creation.
SB389,2,2
1An Act to renumber 459.01 (1);
to renumber and amend 459.24 (3) (d);
to
2amend 15.405 (6m) (e), 29.193 (2) (a) 1., 29.324 (1) (a), 45.40 (2) (a), 77.54 (22)
3(b), 102.01 (2) (c), 149.14 (3) (k), 459.01 (2), (3) and (5), 459.02, 459.03 (title),
4459.03 (1), 459.03 (2) (b), 459.035, 459.04, 459.05 (1m), 459.06 (2) (a) (intro.) and
53. and (b) (intro.) and 4. and (3), 459.07 (2), 459.08 (1), 459.085, 459.095 (3),
6459.10 (1) (d) and (e), 459.10 (1) (g), 459.10 (1) (i), (j), (k) and (p), 459.14 (2),
7459.20 (2) (a) and (b), (3g) and (3p), 459.22 (2) (b), (c) and (f), 459.24 (1) (a),
8459.24 (1) (b), 459.24 (1m), 459.24 (3) (e), 459.24 (3) (f), 459.24 (3m), 459.24 (6)
9(b), 459.26 (2) (a), 459.26 (2) (b) (intro.) and 4., 459.34 (2) (ce), (cm) and (cs),
10459.34 (2) (d) and 968.27 (7) (b); and
to create 459.01 (1d), 459.10 (1) (q), (r),
11(s) and (t), 459.24 (3) (d) 2. and 3., 459.34 (2) (i), 459.34 (2) (j) and 459.34 (2) (k)
12of the statutes;
relating to: replacing the term hearing aid with hearing
13instrument, creating new grounds for discipline of hearing instrument
14specialists, audiologists, and speech-language pathologists, changing the
1definition of audiology, and changing licensing requirements for audiologists,
2and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes the following changes to the regulation of speech-language
pathologists and audiologists.
Prohibited conduct.
1. Deceptive advertising. Under current law, the Hearing and Speech
Examining Board in the Department of Regulation and Licensing (board) may
reprimand the holder of a license or permit issued by the board or revoke, suspend,
limit, or deny a license or permit if the holder or applicant engages in certain
prohibited conduct, including false, misleading, or deceptive advertising. The bill
prohibits deceptive advertising instead of false, misleading, or deceptive advertising.
In addition, the bill creates a definition for "deceptive advertising" which includes
creating or using promotional literature, testimonials, insignia, or other
representation which is misleading, false, or untruthful.
2. Misrepresentation. The bill prohibits the holder of a license or permit from
intentionally or negligently representing that the services or advice of a physician
or audiologist will be used in connection with the fitting, sale, or maintenance of a
hearing instrument when the service or advice will not be used. The bill prohibits
the holder of a license or permit from making an intentional or negligent
representation regarding a hearing instrument or services. The bill also prohibits
the holder of a license or permit from misusing words that imply the involvement of
the medical or audiology professions when there is no such involvement. Finally, the
bill prohibits a hearing instrument specialist from intentionally or negligently
misrepresenting the cause of a hearing impairment, or the cure of a hearing
impairment by the use of a hearing instrument.
3. Use of titles. Under current law, no person may use the titles "certified
hearing aid audiologist" or "licensed hearing aid audiologist." The bill also prohibits
any person from using any of the following titles: "certified hearing instrument
audiologist," "licensed hearing instrument audiologist," or "audioprosthologist."
Audiologist license. Under current law, a person seeking an audiologist
license must have received a master's degree in audiology or completed education or
training that the board determines is substantially equivalent. The person must also
complete a postgraduate clinical fellowship in audiology approved by the board or
substantially equivalent education or training. The person must also pass an
examination required for certification by the American Speech-Language-Hearing
Association or a substantially equivalent exam, as well as practical techniques tests
administered by the board.
The bill changes the requirements for audiologist licensure effective January
1, 2009. Beginning on that date, to obtain an audiologist license a person must do
all of the following:
1. Either possess a doctoral degree in audiology or submit evidence of
substantially equivalent education or training. The doctoral degree program must
consist of not less than three years of educational course work and not less than 12
months of clinical rotation or externship.
2. Pass an exam selected or approved by the board as well as practical
techniques tests administered by the board. The bill requires the board to select and
approve examinations for audiology by rule.
Temporary license to practice audiology. Under current law, the board may
grant a temporary license to practice audiology to a person who is completing a
postgraduate fellowship if the person practices under the supervision of a licensed
audiologist and satisfies other requirements. The bill eliminates temporary
licensure for audiologists effective January 1, 2009.
Other changes.
Current law defines audiology as applying principles, methods, or procedures
of prevention, identification, evaluation, consultation, intervention, instruction, or
research related to hearing, vestibuar function, or any abnormal condition related
to tinnitus, auditory sensitivity, acuity, function or processing, speech, language, or
other aberrant behavior resulting from hearing loss. The bill amends the definition
to include assessment, measurement, interpretation, treatment, conservation,
management, and counseling to the principles, methods, or procedures applied by an
audiologist. The bill also requires that these activities be undertaken for the purpose
of diagnosing abnormal conditions and designing and implementing a plan for the
treatment, management, or amelioration of the abnormal condition.
The bill also eliminates all statutory references to "hearing aid" and substitutes
the term "hearing instrument."
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:
SB389, s. 1
1Section
1. 15.405 (6m) (e) of the statutes is amended to read:
SB389,3,32
15.405
(6m) (e) Two public members. One of the public members shall be a
3hearing
aid instrument user.
SB389, s. 2
4Section
2. 29.193 (2) (a) 1. of the statutes is amended to read:
SB389,3,75
29.193
(2) (a) 1. "Accompanied" means being subject to continuous visual or
6voice contact without the aid of any mechanical or electronic amplifying device other
7than a hearing
aid instrument.
SB389, s. 3
1Section
3. 29.324 (1) (a) of the statutes is amended to read:
SB389,4,32
29.324
(1) (a) "Contact" means visual or voice contact without the aid of any
3mechanical or electronic amplifying device other than a hearing
aid instrument.
SB389, s. 4
4Section
4. 45.40 (2) (a) of the statutes is amended to read:
SB389,4,75
45.40
(2) Health care. (a) The department may provide health care aid to a
6veteran for dental care, including dentures; vision care, including eyeglass frames
7and lenses; and hearing care, including hearing
aids
instruments.
SB389, s. 5
8Section
5. 77.54 (22) (b) of the statutes is amended to read:
SB389,4,119
77.54
(22) (b) Artificial limbs, artificial eyes, hearing
aids instruments and
10other equipment worn as a correction or substitute for any functioning portion of the
11body.
SB389, s. 6
12Section
6. 102.01 (2) (c) of the statutes is amended to read:
SB389,4,1813
102.01
(2) (c) "Injury" means mental or physical harm to an employee caused
14by accident or disease, and also means damage to or destruction of artificial
15members, dental appliances, teeth, hearing
aids instruments and eyeglasses, but, in
16the case of hearing
aids instruments or eyeglasses, only if such damage or
17destruction resulted from accident which also caused personal injury entitling the
18employee to compensation therefor either for disability or treatment.
SB389, s. 7
19Section
7. 149.14 (3) (k) of the statutes is amended to read:
SB389,4,2220
149.14
(3) (k) Rental or purchase, as appropriate, of durable medical
21equipment or disposable medical supplies, other than eyeglasses and hearing
aids 22instruments.
SB389, s. 8
23Section
8. 459.01 (1) of the statutes is renumbered 459.01 (1m).
SB389, s. 9
24Section
9. 459.01 (1d) of the statutes is created to read:
SB389,5,4
1459.01
(1d) "Deceptive advertising" means creating, using, or promoting the
2use of any advertising material, promotional literature, testimonial, guarantee,
3warranty, label, brand, insignia, or other representation, however disseminated or
4published, which is misleading, false, or untruthful.
SB389, s. 10
5Section
10. 459.01 (2), (3) and (5) of the statutes are amended to read:
SB389,5,96
459.01
(2) "Hearing
aid instrument" means any wearable instrument or device
7designed for or offered for the purpose of aiding or compensating for impaired human
8hearing and any parts, attachments or accessories of such an instrument or device,
9except batteries and cords.
SB389,5,12
10(3) "Hearing instrument specialist" means any person who is or is required to
11be licensed under s. 459.05 to engage in the practice of dealing in or fitting hearing
12aids instruments.
SB389,5,17
13(5) "Practice of fitting and dealing in hearing
aids instruments" means the
14measurement of human hearing by means of an audiometer or by any other means
15accepted by the examining board solely for the purpose of making selections,
16adaptations or sales of hearing
aids instruments intended to compensate for
17impaired hearing. This term also includes making impressions for ear molds.
SB389, s. 11
18Section
11. 459.02 of the statutes is amended to read:
SB389,6,3
19459.02 License required to sell and fit hearing aids instruments. (1) 20No person may engage in the practice of selling or fitting hearing
aids instruments 21or display a sign or in any other way advertise or represent himself or herself as a
22person who practices the fitting or sale of hearing
aids instruments unless he or she
23holds a valid license issued under this subchapter or a valid license or permit to
24practice audiology issued under subch. II. The license required by s. 459.05 shall be
25conspicuously posted in his or her office or place of business as registered with the
1department at all times. Duplicate licenses shall be issued by the department under
2this subchapter to valid license holders operating more than one office without
3additional payment.
SB389,6,11
4(2) Nothing in this subchapter or subch. II shall prohibit any corporation or
5mercantile establishment which maintains an established business address from
6engaging in the business of selling or offering for sale hearing
aids instruments at
7retail without a license, provided that for the purpose of selling and fitting hearing
8aids instruments it employs persons licensed under this subchapter or persons
9issued licenses or permits to practice audiology under subch. II. Such corporation
10or mercantile establishment shall annually file with the examining board a list of all
11persons employed for the purpose of selling and fitting hearing
aids instruments.
SB389, s. 12
12Section
12. 459.03 (title) of the statutes is amended to read:
SB389,6,14
13459.03 (title)
Receipt required to be furnished to a person supplied with
14hearing aid instrument.
SB389, s. 13
15Section
13. 459.03 (1) of the statutes is amended to read:
SB389,6,2316
459.03
(1) Whoever practices fitting or selling of hearing
aids instruments 17under this subchapter shall deliver to each person supplied with a hearing
aid 18instrument a receipt. The receipt shall contain the licensee's signature and show the
19licensee's business address and license
title and number, together with specifications
20as to the make and model of the hearing
aid instrument furnished and full terms of
21sale clearly stated. If a hearing
aid instrument which is not new is sold, the receipt
22and the container thereof must be clearly marked as "used" or "reconditioned"
23whichever is applicable.
SB389, s. 14
24Section
14. 459.03 (2) (b) of the statutes is amended to read:
SB389,7,7
1459.03
(2) (b) A statement that the purchaser has been advised at the outset
2of the purchaser's relationship with the hearing instrument specialist that any
3examination or representation made by a hearing instrument specialist in
4connection with the fitting and selling of this hearing
aid instrument is not an
5examination, diagnosis or prescription by a person licensed to practice medicine
or
6audiology in this state and therefore must not be regarded as medical
or audiological 7opinion or advice.
SB389, s. 15
8Section
15. 459.035 of the statutes is amended to read:
SB389,7,13
9459.035 Medical exam before being fitted. A hearing
aid instrument shall
10not be fitted for or sold to a person 17 years of age or younger unless within 90 days
11prior to the fitting the person to be fitted has been examined by a physician to
12determine whether or not he or she has any physical deficiencies that would prohibit
13the effective use of a hearing
aid instrument.
SB389, s. 16
14Section
16. 459.04 of the statutes is amended to read:
SB389,7,17
15459.04 Seller's guarantee. The seller of a hearing
aid instrument shall give
16to the purchaser a personal guarantee that is at least identical in its terms to the
17guarantee of the manufacturer of the hearing
aid
instrument.
SB389, s. 17
18Section
17. 459.05 (1m) of the statutes is amended to read:
SB389,8,519
459.05
(1m) Whenever the examining board determines that another state or
20jurisdiction has requirements equivalent to or higher than those in effect in the state
21for the practice of fitting and selling hearing
aids
instruments, and that such state
22or jurisdiction has a program equivalent to or stricter than the program for
23determining whether applicants in this state are qualified to fit and sell hearing
aids 24instruments, the department may issue a license by reciprocity to applicants who
25hold valid licenses to deal in or fit hearing
aids
instruments in such other state or
1jurisdiction, who pay the fee specified in s. 440.05 (2) and who are otherwise qualified
2for licensure. No applicant for a license by reciprocity under this subsection shall be
3required to submit to or undergo a qualifying examination, if the applicant
4personally appears at the next meeting of the examining board after filing the
5application to answer any questions the examining board has.
SB389, s. 18
6Section
18. 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3) of the
7statutes are amended to read:
SB389,8,98
459.06
(2) (a) (intro.) Tests of knowledge in the following areas as they pertain
9to the fitting of hearing
aids instruments:
SB389,8,1010
3. The function of hearing
aids instruments.
SB389,8,1211
(b) (intro.) Practical tests of proficiency in the following techniques as they
12pertain to the fitting of hearing
aids instruments:
SB389,8,1413
4. Recording and evaluation of audiograms and speech audiometry to
14determine proper selection and adaption of a hearing
aid instrument.
SB389,8,19
15(3) The applicant for license by examination shall appear at a time and place
16as the examining board designates, to be examined by means of written and practical
17tests in order to demonstrate that he or she is qualified to practice the fitting of
18hearing
aids instruments. Such examinations shall be conducted at least twice a
19year and at such other times and places designated by the examining board.
SB389, s. 19
20Section
19. 459.07 (2) of the statutes is amended to read:
SB389,9,321
459.07
(2) Upon receiving an application under this section, accompanied by
22the fee under s. 440.05 (6), the examining board may grant a trainee permit which
23may entitle the applicant to practice fitting of hearing
aids instruments for a period
24of one year. A person holding a valid hearing instrument specialist license issued
25under this subchapter or a valid license to practice audiology issued under s. 459.24
1(3) shall be responsible for the direct supervision and training of the applicant and
2shall be liable for all negligent acts and omissions of the trainee in the fitting of
3hearing
aids instruments.
SB389, s. 20
4Section
20. 459.08 (1) of the statutes is amended to read:
SB389,9,95
459.08
(1) A person who holds a license shall notify the department in writing
6or in accordance with other notification procedures approved by the department of
7the regular address of the places where he or she engages or intends to engage in the
8practice of fitting or selling hearing
aids instruments. The licensee shall inform the
9board of any changes in these addresses within 30 days of the change.
SB389, s. 21
10Section
21. 459.085 of the statutes is amended to read:
SB389,9,15
11459.085 Calibration of audiometric equipment. Audiometric equipment
12used in the evaluation of hearing sensitivity for the fitting and sale of hearing
aids 13instruments shall be calibrated periodically, as specified by rule by the examining
14board. Certification of these calibrations shall be sent to the examining board with
15the renewal fee required in s. 459.09 (1) (a).
SB389, s. 22
16Section
22. 459.095 (3) of the statutes is amended to read:
SB389,9,2517
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 instruments if the examining board has received a significant
22number of consumer complaints about the matter or if the examining board
23otherwise determines that there is a need for such a requirement. Rules
24promulgated under this subsection shall establish criteria for the examining board's
25approval of the continuing education program or course of study and of sponsors and
1cosponsors of the continuing education program or course of study. The rules shall
2also require the examining board to administer, prior to the continuing education
3program or course of study, an examination on the matter that is the subject of the
4continuing education program or course of study and to waive a requirement to
5complete the continuing education program or course of study if a person granted a
6license under this subchapter passes the examination. A person who takes an
7examination specified in this subsection shall pay the fee specified in s. 440.05 (1) (b).
SB389, s. 23
8Section
23. 459.10 (1) (d) and (e) of the statutes are amended to read:
SB389,10,109
459.10
(1) (d) Been found guilty of an offense the circumstances of which
10substantially relate to the practice of fitting and dealing in hearing
aids instruments.
SB389,10,1211
(e) Violated this subchapter or ch. 440 or any federal or state statute or rule
12which relates to the practice of fitting and dealing in hearing
aids instruments.
SB389, s. 24
13Section
24. 459.10 (1) (g) of the statutes is amended to read:
SB389,10,1414
459.10
(1) (g) Engaged in
false, misleading or deceptive advertising.
SB389, s. 25
15Section
25. 459.10 (1) (i), (j), (k) and (p) of the statutes are amended to read:
SB389,10,1716
459.10
(1) (i) Failed to conduct a direct observation of the ear canal of a person
17for whom a hearing
aid instrument is purchased.
SB389,10,1918
(j) Engaged in conduct which evidenced a lack of knowledge or ability to apply
19principles or skills of the practice of fitting and dealing in hearing
aids instruments.
SB389,10,2320
(k) Engaged in unprofessional conduct. In this subsection, "unprofessional
21conduct" means the violation of any standard of professional behavior which through
22experience, state statute or administrative rule has become established in the
23practice of fitting and dealing in hearing
aids instruments.