In this subchapter and in s. 459.34 (2) (h)
, Stats., the following, without limitation because of enumeration, are violations of standards of professional behavior that constitute unprofessional conduct:
Subject to ss. 111.321
, Stats., practicing or attempting to practice speech-language pathology or audiology while the person's ability to practice is impaired by a mental or emotional disorder.
Using the title “speech-language pathologist," “audiologist" or any similar title unless the individual holds a current speech-language pathologist or audiologist license granted under s. 459.24 (2)
Violating the conditions or limitations placed upon a license or permit by the board.
Engaging in conduct likely to deceive, defraud, or harm an individual or the public in the course of the practice of speech-language pathology or audiology.
Having a license, certificate, permit or registration issued by another jurisdiction to practice as a speech-language pathologist or audiologist limited, suspended or revoked.
Aiding or abetting an unlicensed person, knowingly conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person to evade the use of a title prohibited under s. 459.24 (1)
Engaging in sexual intimacies in connection with the practice of speech-language pathology or audiology.
Failing to fully inform persons served of the nature and possible adverse effects of services rendered and products dispensed.
Failing to evaluate the effectiveness of services rendered or products dispensed.
Providing services or dispensing products when benefits cannot reasonably be expected.
Guaranteeing the results of any treatment or procedure, directly or by implication, except that a reasonable statement of prognosis may be made.
Evaluating or treating speech, language, or hearing disorders except in a professional relationship.
Failing to maintain adequate records of professional services rendered and products dispensed for a period of 5 years.
HAS 6.18 Note
Speech-language pathologists and audiologists are also required to maintain patient health care records in accordance with ss. 146.81
Failing to provide access to records of professional services rendered and products dispensed when requested by the board or its representative in connection with an investigation of a complaint filed against the applicant, licensee or permittee.
Failing to record all of the following information in each client record:
Information sufficiently legible to allow interpretation by other individuals for the benefit of the client.
Misrepresenting diagnostic information, services rendered, or products dispensed or engaging in any scheme to defraud in connection with obtaining reimbursement.
Using persons in research or as the subject of a teaching demonstration without obtaining their informed consent.
Failing to practice speech-language pathology or audiology within the scope of the licensee's competence, education, training and experience.
Delegating the provision of clinical services to an unlicensed individual for whom the licensee does not provide direct supervision.
Delegating the provision of clinical services to a temporary licensee for whom the licensee does not provide supervision.
Knowingly permitting any professional staff or unlicensed individual to provide clinical services that exceed that person's competence, education, training and experience.
Failing to assign credit to persons who have contributed to clinical services, a publication, presentation or product in proportion to their contribution.
Violating any federal or state statute, rule or regulation that relates to the practice of speech-language pathology or audiology, as appropriate.
In addition to the bases for unprofessional conduct set forth under sub. (2)
, the board may reprimand an audiologist, or deny, limit, suspend or revoke a license or permit, if it finds that the applicant, licensee or permittee has engaged in the following unprofessional conduct:
Violated any federal or state statute, rule or regulation that relates to the practice of fitting and dealing in hearing aids.
Failed to conduct a direct observation of the ear canal of a person for whom a hearing aid is purchased.
Sold a hearing aid for use by a person who was not given tests by a hearing instrument specialist or an audiologist licensed under ch. 459
, Stats., or in another state using appropriate procedures and instrumentation or without proper measurement of the functional intensity and range of the person's hearing.
Failed to calibrate audiometric equipment at least once every 12 months.
Failed to maintain adequate records of certification of calibrations of audiometric equipment for a period of 5 years or failed to provide access to those records when requested by the board or its representative.
Failed to clearly state the full terms of sale on a receipt, as required in s. 459.24 (3m)
, Stats., or failed to comply with those terms. The full terms of sale shall include all of the following:
The nature and duration of the trial period and extension, if any.
Failed to perform cerumen management in a competent manner.
HAS 6.18 History
History: CR 01-043
: cr. Register October 2001 No. 550
, eff. 11-1-01; CR 03-025
: cr. (1) (h), (2) (d), (e) and (f) Register January 2004 No. 577
, eff. 2-1-04; CR 05-026
: renum. (2) and (3) to be (3) and (2) and am. Register September 2005 No. 597
, eff. 10-1-05; CR 112-050: am. (1) (d) Register August 2013 No. 692
, eff. 9-1-13.