LRB-3480/1
TKK:jld&bjk:md
2009 - 2010 LEGISLATURE
November 5, 2009 - Introduced by Representatives Zepnick, Turner, A. Ott,
Newcomer, Townsend, Danou and Kerkman, cosponsored by Senators
Lehman, Taylor, Olsen and Kedzie. Referred to Committee on Health and
Healthcare Reform.
AB553,1,10
1An Act to repeal 15.407 (4) and 459.23;
to renumber 459.01 (1);
to renumber
2and amend 459.24 (3) (d), 459.24 (6) (b) and 459.28 (1);
to amend 459.02 (2),
3459.03 (1), 459.03 (2) (intro.), 459.03 (2) (b), 459.085, 459.10 (1) (g), 459.24 (1)
4(b), 459.24 (1m), 459.24 (3) (e), 459.24 (3) (f), 459.24 (3m) (a), 459.24 (6) (c),
5459.26 (2) (a), 459.26 (2) (b) 4. and 459.34 (2) (d); and
to create 459.01 (1d),
6459.10 (1) (q) and (r), 459.24 (3) (d) 2. and 3., 459.24 (6) (b) 2., 459.26 (2) (am),
7459.28 (1) (b), 459.34 (2) (i), 459.34 (2) (j) and 459.34 (2) (k) of the statutes;
8relating to: creating new grounds for discipline of hearing instrument
9specialists, audiologists, and speech-language pathologists, changing
10licensing requirements for audiologists, and 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 (board) in the Department of Regulation and Licensing
(department) 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
making an intentional or negligent representation regarding a hearing aid 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 aid.
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 board may grant a license to practice audiology to
a person who holds a current audiologist license in another state or United States
territory if the board determines that the requirements for licensure are
substantially equivalent to the requirements in this state.
With certain exceptions, the bill changes the requirements for audiologist
licensure effective January 1, 2010. 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. The bill authorizes the board to grant
a license to practice audiology to a person who holds a current audiologist license in
another state or United States territory if the applicant received a masters degree
in audiology or completed education or training that the board determines is
substantially equivalent and the board determines that the requirements for
licensure are substantially equivalent to the requirements in this state.
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 a person completing a postgraduate fellowship effective January 1,
2010. The bill permits the board to grant a temporary license to practice audiology
to a person who satisfies all the requirements for licensure but who has not
completed the practical techniques tests administered by the board.
Other changes. Under current law, a corporation or mercantile establishment
that sells or offers to sell hearing aids must employ a person licensed by the
department as a hearing aid specialist or licensed or permitted by the board to
practice audiology. The corporation or mercantile establishment must annually file
with the board a list of persons employed to sell or fit hearing aids. This bill
eliminates the annual filing requirement.
Under current law, persons who use audiometric equipment to evaluate
hearing sensitivity for the fitting and sale of hearing aids must periodically calibrate
the equipment and send certification of the calibration to the board. This bill
eliminates the requirement that a certificate of calibration be sent to the board.
Under current law, a Council on Speech Language Pathology and Audiology
(council) in the department serves the board in an advisory capacity. This bill
eliminates the council.
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:
AB553, s. 1
1Section
1. 15.407 (4) of the statutes is repealed.
AB553, s. 2
2Section
2. 459.01 (1) of the statutes is renumbered 459.01 (1m).
AB553, s. 3
3Section
3. 459.01 (1d) of the statutes is created to read:
AB553,3,74
459.01
(1d) "Deceptive advertising" means creating, using, or promoting the
5use of any advertising material, promotional literature, testimonial, guarantee,
6warranty, label, brand, insignia, or other representation, however disseminated or
7published, which is misleading, false, or untruthful.
AB553, s. 4
8Section
4. 459.02 (2) of the statutes is amended to read:
AB553,4,49
459.02
(2) Nothing in this subchapter or subch. II shall prohibit any
10corporation or mercantile establishment which maintains an established business
11address from engaging in the business of selling or offering for sale hearing aids at
12retail without a license, provided that for the purpose of selling and fitting hearing
1aids it employs persons licensed under this subchapter or persons issued licenses or
2permits to practice audiology under subch. II.
Such corporation or mercantile
3establishment shall annually file with the examining board a list of all persons
4employed for the purpose of selling and fitting hearing aids.
AB553, s. 5
5Section
5. 459.03 (1) of the statutes is amended to read:
AB553,4,146
459.03
(1) Whoever practices fitting or selling of hearing aids under this
7subchapter A hearing instrument specialist who engages in the practice of fitting
8and dealing in hearing aids shall deliver to each person supplied with a hearing aid
9a receipt. The receipt shall contain the
licensee's signature and show the
licensee's 10business address and license
title and number
of the hearing instrument specialist,
11together with specifications as to the make and model of the hearing aid furnished
12and full terms of sale clearly stated. If a hearing aid which is not new is sold, the
13receipt and the container thereof must be clearly marked as "used" or "reconditioned"
14whichever is applicable.
AB553, s. 6
15Section
6. 459.03 (2) (intro.) of the statutes is amended to read:
AB553,4,1716
459.03
(2) (intro.) The
receipt shall contain all of the following
information,
17that shall be set out in not less than 8-point type:
AB553, s. 7
18Section
7. 459.03 (2) (b) of the statutes is amended to read:
AB553,4,2519
459.03
(2) (b) A statement that the purchaser has been advised
at the outset
20of the purchaser's relationship with by the hearing instrument specialist that any
21examination or representation made by
a the hearing instrument specialist in
22connection with the fitting and selling of this hearing aid is not an examination,
23diagnosis
, or prescription by a person licensed to practice medicine
or audiology in
24this state and therefore must not be regarded as medical
or audiological opinion or
25advice.
AB553, s. 8
1Section
8. 459.085 of the statutes is amended to read:
AB553,5,6
2459.085 Calibration of audiometric equipment. Audiometric equipment
3used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids
4shall be calibrated periodically, as specified by rule by the examining board.
5Certification of these calibrations shall be sent to the examining board with the
6renewal fee required in s. 459.09 (1) (a).
AB553, s. 9
7Section
9. 459.10 (1) (g) of the statutes is amended to read:
AB553,5,88
459.10
(1) (g) Engaged in
false, misleading or deceptive advertising.
AB553, s. 10
9Section
10. 459.10 (1) (q) and (r) of the statutes are created to read:
AB553,5,1110
459.10
(1) (q) Intentionally or negligently misrepresented the cause of a
11hearing impairment or the cure of a hearing impairment by the use of a hearing aid.
AB553,5,1312
(r) Made an intentional or negligent misrepresentation regarding a hearing aid
13or services.
AB553, s. 11
14Section
11. 459.23 of the statutes is repealed.
AB553, s. 12
15Section
12. 459.24 (1) (b) of the statutes is amended to read:
AB553,5,1816
459.24
(1) (b) Engage in the practice of audiology or use the title "audiologist,"
17"clinical audiologist
," or any similar title unless the person holds a current
18audiologist license granted by the examining board under sub. (3) or (6) (b).
AB553, s. 13
19Section
13. 459.24 (1m) of the statutes is amended to read:
AB553,5,2220
459.24
(1m) Prohibited titles. No person may use the title "certified hearing
21aid audiologist
" or," "certified hearing instrument audiologist," "licensed hearing
22instrument audiologist," "licensed hearing aid audiologist
.."
AB553, s. 14
23Section
14. 459.24 (3) (d) of the statutes is renumbered 459.24 (3) (d) (intro.)
24and amended to read:
AB553,6,3
1459.24
(3) (d) (intro.) Submits evidence satisfactory to the examining board
2that he or she has completed a supervised clinical practicum and
received satisfied
3one of the following:
AB553,6,8
41. Received a master's degree in audiology from a college or university
5approved by the examining board, or has completed education or training that the
6examining board determines is substantially equivalent to the completion of those
7requirements
. This subdivision does not apply to applications received after
8December 31, 2009.
AB553, s. 15
9Section
15. 459.24 (3) (d) 2. and 3. of the statutes are created to read:
AB553,6,1510
459.24
(3) (d) 2. Submits evidence satisfactory to the examining board that he
11or she possesses a doctoral degree in audiology from an accredited academic
12institution approved by the examining board by rule. The doctoral degree program
13must consist of not less than 3 years of educational course work and not less than 12
14months of clinical rotation or externship. This subdivision applies to applications
15received after December 31, 2009.
AB553,6,1916
3. Submits evidence satisfactory to the examining board that he or she has
17completed education or training that the examining board determines is
18substantially equivalent to the requirements under subd. 2. This subdivision applies
19to applications received after December 31, 2009.
AB553, s. 16
20Section
16. 459.24 (3) (e) of the statutes is amended to read:
AB553,7,421
459.24
(3) (e) Submits evidence satisfactory to the examining board that he or
22she has passed the
examination required for certification as an audiologist by the
23American Speech-Language-Hearing Association or passes an examination under
24s. 459.26 (2) (a) to determine fitness as an audiologist, examinations selected or
25approved by the examining board by rule under s. 459.26 (2) (am), or has completed
1education or training that the examining board determines is substantially
2equivalent to
passing one of those examinations in determining fitness as an
3audiologist the examinations selected or approved by the examining board under s.
4459.26 (2) (am).
AB553, s. 17
5Section
17. 459.24 (3) (f) of the statutes is amended to read:
AB553,7,106
459.24
(3) (f) Submits evidence satisfactory to the examining board that he or
7she has completed a postgraduate clinical fellowship in audiology approved by the
8examining board or has completed education or training that the examining board
9determines is substantially equivalent to the completion of such a fellowship.
This
10paragraph applies to applications received on or before December 31, 2009.
AB553, s. 18
11Section
18. 459.24 (3m) (a) of the statutes is amended to read:
AB553,7,1812
459.24
(3m) (a) Deliver to each person supplied with a hearing aid a receipt.
13The receipt shall contain the signature and show the business address
and, license
14or permit
title, and number of the licensee or permittee, together with specifications
15as to the make and model of the hearing aid and full terms of sale clearly stated. If
16a hearing aid that is not new is sold, the receipt and the container must be clearly
17marked as "used" or "reconditioned", whichever is applicable. The terms of the
18guarantee, if there is any given, shall be set out in not less than 8-point type.
AB553, s. 19
19Section
19. 459.24 (6) (b) of the statutes is renumbered 459.24 (6) (b) 1. and
20amended to read:
AB553,8,221
459.24
(6) (b) 1. Upon application, the examining board may grant a temporary
22license to practice audiology during the completion of the postgraduate fellowship
23required under sub. (3) (f) if the applicant practices under the supervision of an
24audiologist licensed under sub. (3), satisfies the requirements under sub. (3) (a) to
25(d)
, and has submitted an application to take the next available examinations for
1licensure as an audiologist under s. 459.26 (2)
(a) and (b)
. No license may be issued
2under this paragraph after December 31, 2009.
AB553, s. 20
3Section
20. 459.24 (6) (b) 2. of the statutes is created to read:
AB553,8,54
459.24
(6) (b) 2. The examining board may grant a temporary license to practice
5audiology to an individual who satisfies the requirements under sub. (3) (a) to (e).
AB553, s. 21
6Section
21. 459.24 (6) (c) of the statutes is amended to read:
AB553,8,177
459.24
(6) (c) A temporary license granted under this subsection is valid for a
8period designated in rules promulgated by the examining board. The rules may
9designate a period that terminates if an applicant fails to take the next available
10examination under s. 459.26 (2) (a) or (b) for reasons other than inaction by the
11examining board or hardship. A temporary license granted under par. (a) may be
12renewed once by the examining board. A temporary license granted under par. (b)
13may be renewed once by the examining board if the applicant fails an examination
14for audiologist licensure under s. 459.26 (2)
(a) or (b) and applies to take the next
15available examination or if the applicant shows, to the satisfaction of the examining
16board, sufficient cause for the renewal. An applicant for a temporary license shall
17pay the fee specified in s. 440.05 (6).
AB553, s. 22
18Section
22. 459.26 (2) (a) of the statutes is amended to read:
AB553,8,2519
459.26
(2) (a) Examinations
for speech-language pathologists shall consist of
20the examinations required for certification as a speech-language pathologist
or as
21an audiologist by the American speech-language-hearing association or may consist
22of other written tests that require applicants to demonstrate minimum competency
23in services and subjects substantially related to the practice of speech-language
24pathology
or audiology and that are substantially equivalent to the examinations
25required for such certification.
AB553, s. 23
1Section
23. 459.26 (2) (am) of the statutes is created to read:
AB553,9,32
459.26
(2) (am) The examining board shall by rule select and approve
3examinations for audiology.
AB553, s. 24
4Section
24. 459.26 (2) (b) 4. of the statutes is amended to read:
AB553,9,65
459.26
(2) (b) 4. Recording and evaluation of audiograms and speech
6audiometry to determine proper selection and
adaption
adaptation of a hearing aid.