LRB-4966/1
MED:ahe
2019 - 2020 LEGISLATURE
November 27, 2019 - Introduced by Senator Larson, cosponsored by
Representatives Brostoff, Skowronski, Spreitzer, Emerson, Sinicki,
Vruwink, Anderson, Bowen and C. Taylor. Referred to Committee on Health
and Human Services.
SB604,1,5 1An Act to renumber 459.035; to renumber and amend 459.24 (3m) (a); to
2amend
459.03 (2) (a); to repeal and recreate 459.035 (title); and to create
3459.03 (2) (c), 459.035 (2), 459.24 (3m) (a) 1. and 2., 459.24 (3m) (c) and 459.24
4(3m) (d) of the statutes; relating to: information and demonstration
5requirements for hearing instrument specialists and audiologists.
Analysis by the Legislative Reference Bureau
Subject to certain exceptions, this bill requires a hearing instrument specialist
or an audiologist, at the time of an initial examination for the fitting and sale of a
hearing aid, to inform the prospective client or other purchaser about the operation
and benefits of hearing aids with features, such as telecoils, that can provide a direct
connection between the hearing aid and an assistive listening system. If the client
or other purchaser purchases such a hearing aid, the hearing instrument specialist
or audiologist must demonstrate for the client or purchaser the proper use of the
technology.
In addition, the bill requires a hearing instrument specialist or audiologist,
when delivering a receipt to a person supplied with a hearing aid, to include in the
receipt language requiring the client or other purchaser to verify that the client or
purchaser has received any required information about hearing aids with features,
such as telecoils, and, if the client or purchaser has purchased such a hearing aid,
that the client or purchaser has been provided the required demonstration on its use.

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:
SB604,1 1Section 1. 459.03 (2) (a) of the statutes is amended to read:
SB604,2,22 459.03 (2) (a) The terms of the guarantee, if there is any given; and.
SB604,2 3Section 2. 459.03 (2) (c) of the statutes is created to read:
SB604,2,54 459.03 (2) (c) Language that requires the client or or other purchaser to verify
5all of the following:
SB604,2,76 1. That the client or purchaser has received any information required under
7s. 459.035 (2) (a).
SB604,2,108 2. If the client or purchaser has purchased a hearing aid described in s. 459.035
9(2) (a) 1., that the client or purchaser has been provided the demonstration required
10under s. 459.035 (2) (b).
SB604,3 11Section 3. 459.035 (title) of the statutes is repealed and recreated to read:
SB604,2,12 12459.035 (title) Practice requirements and limitations.
SB604,4 13Section 4. 459.035 of the statutes is renumbered 459.035 (1).
SB604,5 14Section 5. 459.035 (2) of the statutes is created to read:
SB604,3,215 459.035 (2) (a) 1. Except as provided in subd. 2., a licensee or permit holder
16under this subchapter shall, at the time of an initial examination for the fitting and
17sale of a hearing aid, inform the prospective client or other purchaser about the
18operation and benefits of hearing aid options that can provide a direct connection
19between the hearing aid and an assistive listening system, such as telecoils. The
20licensee or permit holder shall provide the information required under this
21subdivision with cognizance of the most recent standards for accessible design

1adopted by the U.S department of justice in accordance with the federal Americans
2with Disabilities Act of 1990.
SB604,3,93 2. If a licensee or permit holder believes that a prospective client may not be
4an appropriate candidate for a hearing aid described in subd. 1. and the client is
5accompanied by an individual other than the client, the licensee or permit holder
6shall consult with that individual or the client's parent or guardian. If, following that
7consultation, the licensee or permit holder confirms that the prospective client is not
8an appropriate candidate for a hearing aid described in subd. 1., the licensee or
9permit holder is not required to comply with subd. 1.
SB604,3,1210 (b) If the client or other purchaser purchases a hearing aid described in par. (a)
111., the licensee or permit holder shall demonstrate for the client or purchaser the
12proper use of the technology.
SB604,6 13Section 6. 459.24 (3m) (a) of the statutes is renumbered 459.24 (3m) (a) (intro.)
14and amended to read:
SB604,3,2215 459.24 (3m) (a) (intro.) Deliver to each person supplied with a hearing aid a
16receipt. The receipt shall contain the signature and show the business address,
17license or permit title, and number of the licensee or permittee, together with
18specifications as to the make and model of the hearing aid and full terms of sale
19clearly stated. If a hearing aid that is not new is sold, the receipt and the container
20must be clearly marked as “used" or “reconditioned", whichever is applicable. The
21terms of the guarantee, if there is any given, receipt shall be contain all of the
22following information,
set out in not less than 8-point type .:
SB604,7 23Section 7. 459.24 (3m) (a) 1. and 2. of the statutes are created to read:
SB604,3,2424 459.24 (3m) (a) 1. The terms of the guarantee, if there is any given.
SB604,4,2
12. Language that requires the client or other purchaser to verify all of the
2following:
SB604,4,43 a. That the client or purchaser has received any information required under
4par. (c).
SB604,4,75 b. If the client or purchaser has purchased a hearing aid described in par. (c)
61., that the client or purchaser has been provided the demonstration required under
7par. (d).
SB604,8 8Section 8. 459.24 (3m) (c) of the statutes is created to read:
SB604,4,169 459.24 (3m) (c) 1. At the time of an initial examination for the fitting and sale
10of a hearing aid, inform the prospective client or other purchaser about the operation
11and benefits of hearing aid options that can provide a direct connection between the
12hearing aid and an assistive listening system, such as telecoils, except as provided
13in subd. 2. The audiologist shall provide the information required under this
14subdivision with cognizance of the most recent standards for accessible design
15adopted by the U.S. department of justice in accordance with the federal Americans
16with Disabilities Act of 1990.
SB604,4,2217 2. If an audiologist believes that a prospective client may not be an appropriate
18candidate for a hearing aid described in subd. 1. and the client is accompanied by an
19individual other than the client, the audiologist shall consult with that individual or
20the client's parent or guardian. If, following that consultation, the audiologist
21confirms that the prospective client is not an appropriate candidate for a hearing aid
22described in subd. 1., the audiologist is not required to comply with subd. 1.
SB604,9 23Section 9. 459.24 (3m) (d) of the statutes is created to read:
SB604,4,2524 459.24 (3m) (d) If a client or other purchaser purchases a hearing aid described
25in par. (c) 1., demonstrate the proper use of the technology.
SB604,10
1Section 10. Effective date.
SB604,5,32 (1) This act takes effect on the first day of the 4th month beginning after
3publication.
SB604,5,44 (End)
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