LRB-3913/1
JPC:skw
2023 - 2024 LEGISLATURE
August 9, 2023 - Introduced by Senators Cabral-Guevara, Carpenter,
Felzkowski, Knodl, Spreitzer and Taylor, cosponsored by Representatives
Stubbs, Sortwell, Andraca, Baldeh, Bodden, Cabrera, Dittrich, Goeben,
Gustafson, Jacobson, Joers, Moore Omokunde, Mursau, Myers, Ohnstad,
Ortiz-Velez, Palmeri, Shankland, Snodgrass, Subeck and Vining. Referred
to Committee on Health.
SB373,1,2
1An Act to amend 459.03 (1); and
to create 459.02 (3) and 459.03 (1m) of the
2statutes;
relating to: selling and fitting over-the-counter hearing aids.
Analysis by the Legislative Reference Bureau
Under current law, no person may engage in the practice of selling or fitting
hearing aids unless he or she holds a license as a hearing instrument specialist
issued by the Department of Safety and Professional Services or a license as an
audiologist issued by the Hearing and Speech Examining Board. This bill provides
that no license is required to sell or fit an over-the-counter hearing aid, as defined
under federal law. Under federal law, air-conduction hearing aids may be sold over
the counter without a prescription under certain circumstances.
Further, under current law, a hearing instrument specialist who engages in the
practice of selling or fitting hearing aids must deliver to each person supplied with
a hearing aid a receipt that contains certain information. The bill provides that a
hearing instrument specialist is not required to deliver a receipt to a person supplied
with a hearing aid if the hearing aid is an over-the-counter hearing aid, as defined
under federal law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB373,1
3Section
1. 459.02 (3) of the statutes is created to read:
SB373,2,2
1459.02
(3) No license is required under this subchapter or subch. II to sell or
2fit an over-the-counter hearing aid, as defined in
21 USC 360j (q).
SB373,2
3Section
2. 459.03 (1) of the statutes is amended to read:
SB373,2,114
459.03
(1) A Except as provided in sub. (1m), a hearing instrument specialist
5who engages in the practice of fitting and dealing in hearing aids shall deliver to each
6person supplied with a hearing aid a receipt. The receipt shall contain the signature
7and show the business address and license title and number of the hearing
8instrument specialist, together with specifications as to the make and model of the
9hearing aid furnished and full terms of sale clearly stated. If a hearing aid which is
10not new is sold, the receipt and the container thereof must be clearly marked as
11“used" or “reconditioned" whichever is applicable.
SB373,3
12Section
3. 459.03 (1m) of the statutes is created to read:
SB373,2,1513
459.03
(1m) A hearing instrument specialist is not required to deliver a receipt
14to a person supplied with a hearing aid if the supplied hearing aid is an
15over-the-counter hearing aid, as defined in
21 USC 360j (q).
