(b) Completed education or training that the board determines is substantially equivalent to the completion of a postgraduate clinical fellowship in speech-language pathology.
SECTION 7. HAS 6.09 (1) is renumbered HAS 6.09 (1m).
SECTION 8. HAS 6.09 (1) is created to read:
HAS 6.09 (1) “Hardship" means serious illness or some other personal adversity, as determined by the board.
SECTION 9. HAS 6.10 (title), (1) (intro.) and (2) are amended to read:
HAS 6.10 (title)
Application for licensure temporary license. (1) (intro.) Before commencing a postgraduate clinical fellowship
in speech-language pathology or audiology, an individual shall obtain a temporary license under s.
459.24 (6), Stats. The applicant shall submit all of the following:
(2) A temporary license granted by the board to practice speech-language pathology is valid for a period designated by the board, not to exceed 9 18 months. A temporary license granted by the board to practice speech-language pathology and may be renewed once for 18 months or longer, at the discretion of the board. A temporary license granted to practice audiology may be renewed once by the board if the applicant fails an examination for audiologist licensure under s. 459.26 (2) (a) or (b), Stats., and applies to take the next available examination or if the applicant shows, to the satisfaction of the board, sufficient cause for the renewal.
SECTION 10. HAS 6.10 (3) is renumbered HAS 6.10 (6).
SECTION 11. HAS 6.10 (3), (4) and (5) are created to read:
HAS 6.10 (3) Except as provided in sub. (5), a temporary license granted to practice audiology is valid for a period designated by the board, not to exceed 12 months.
(4) A temporary license granted under sub. (3) may be renewed once for 12 months or longer, at the discretion of the board, if the applicant fails an examination for licensure under s.
459.26 (2) (a) or
(b), Stats., and applies to take the next available examination or if the applicant shows, to the satisfaction of the board, sufficient cause for the renewal.
(5) If an individual who is granted a temporary license under sub. (3) to practice audiology fails to take the next available examination under s.
459.26 (2) (a) or
(b), Stats., for reasons other than inaction by the board or hardship, the temporary license granted under sub. (3) automatically expires on the one-hundredth calendar day following the date the individual failed to take the examination.
SECTION 12. HAS 6.175 is created to read:
HAS 6.175 Definitions. In this subchapter and in subchapter II of ch.
459, Stats.:
(1) “Cerumen management" means the removal of cerumen from the external auditory canal by the utilization of methods and techniques performed in accordance with minimum standards and procedures established in the audiological profession.
(2) “Full terms of sale" means the conditions of a sale agreed to by an audiologist and the purchaser of a hearing instrument.
(3) “Personal guarantee" means a promise made by an audiologist to a hearing instrument purchaser to provide the minimum product warranty offered by a manufacturer.
(4) “Sell" or “sale" has the meaning given in s.
459.20 (3t), Stats.
(5) “Unprofessional conduct" means the violation of any standard of professional behavior, which through experience, state statute or administrative rule has become established in the practice of speech-language pathology or audiology.
SECTION 13. HAS 6.18 (1) (h) is repealed and recreated to read:
HAS 6.18 (1) (h) Engaged in unprofessional conduct.
SECTION 14. HAS 6.18 (2) is renumbered HAS 6.18 (3) and is amended to read:
HAS 6.18 (3) (intro.) In addition to the grounds
bases for discipline unprofessional conduct set forth in under sub. (1) (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 done any of
engaged in the following unprofessional conduct:
(a) Violated any federal or state statute, rule or regulation that relates to the practice of fitting and dealing in hearing aids.
(b) Failed to conduct a direct observation of the ear canal of a purchaser of person for whom a hearing aid is purchased.
(c) Sold a hearing aid
to 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 and without proper measurement of the functional intensity and range of the person's hearing.
(d) Failed to calibrate audiometric equipment at least once every 12 months.
(e) 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.
(f) (intro.) 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:
1. The amount and method of payment.
2. The date, and place and method of delivery.
3. The terms of any personal guarantee.
4. The nature and duration of the trial period and extension, if any.
5. The refund policy and amount, if any.
6. The product return and exchange policy, if any.
7. The product repair policy, if any.
(g) Failed to perform cerumen management in a competent manner.
SECTION 15. HAS 6.18 (3) is renumbered HAS 6.18 (2) and is amended to read:
HAS 6.18 (2) (intro.) In this
section, “conduct in the practice of speech-language pathology or audiology which evidences a lack of knowledge or ability to apply professional principles or skills" includes 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:
(a) Subject to ss.
111.321,
111.322 and
111.34, 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.
(b) 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) or
(3), Stats.
(c) Violating the conditions or limitations placed upon a license or permit by the board.
(d) 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.
(e) Having a license, certificate, permit or registration issued by another jurisdiction to practice as a speech-language pathologist or audiologist limited, suspended or revoked.
(f) 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) or
(1m), Stats.
(g) Engaging in sexual intimacies in connection with the practice of speech-language pathology or audiology.
(h) Failing to fully inform persons served of the nature and possible adverse effects of services rendered and products dispensed.
(i) Failing to evaluate the effectiveness of services rendered or products dispensed.
(j) Providing services or dispensing products when benefits cannot reasonably be expected.
(k) Guaranteeing the results of any treatment or procedure, directly or by implication, except that a reasonable statement of prognosis may be made.
(L) Evaluating or treating speech, language, or hearing disorders except in a professional relationship.
(m) Treating solely by correspondence.
(n) Failing to maintain adequate records of professional services rendered and products dispensed for a period of 5 years.
Note: Speech-language pathologists and audiologists are also required to maintain patient health care records in accordance with ss.
146.81 to
146.84, Stats.
(o) 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.
(p) Failing to record all of the following information in each client record:
1. The name of the licensee.
2. The date of entry of pertinent information.
3. Information sufficiently legible to allow interpretation by other individuals for the benefit of the client.
(q) Misrepresenting diagnostic information, services rendered, or products dispensed or engaging in any scheme to defraud in connection with obtaining reimbursement.
(r) Using persons in research or as the subject of a teaching demonstration without obtaining their informed consent.
(s) Failing to practice speech-language pathology or audiology within the scope of the licensee's competence, education, training and experience.
(t) Delegating the provision of clinical services to an unlicensed individual for whom the licensee does not provide direct supervision.
(u) Delegating the provision of clinical services to a temporary licensee for whom the licensee does not provide supervision.
(v) Knowingly permitting any professional staff or unlicensed individual to provide clinical services that exceed that person's competence, education, training and experience.
(w) Failing to assign credit to persons who have contributed to clinical services, a publication, presentation or product in proportion to their contribution.
(x) Failed to perform cerumen management in a competent manner Violating any federal or state statute, rule or regulation that relates to the practice of speech-language pathology or audiology, as appropriate.
SECTION 16. HAS 7.02 is amended to read:
HAS 7.02 Licenses. Hearing instrument specialist licenses granted under ss.
459.05 and
459.06, Stats., expire on February 1 of each
even-numbered odd-numbered year. Except as provided in s.
459.24 (6), Stats., speech-language pathologist and audiologist licenses granted under ss.
459.24 and
459.28, Stats., expire on February 1 of each odd-numbered year.
SECTION 17. HAS 7.03 (1) (d) is amended to read:
HAS 7.03 (1) (d) Certification Except as provided in par. (e), certification that the applicant has completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved by the board.
SECTION 18. HAS 7.03 (1) (e) is created to read:
HAS 7.03 (1) (e) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.
SECTION 19. HAS 7.03 (2) (c) is amended to read:
HAS 7.03 (2) (c)
Certification Except as provided in par. (d), certification that the applicant has completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved by the board, as provided under s.
HAS 8.03.
SECTION 20. HAS 7.03 (2) (d) is created to read:
HAS 7.03 (2) (d) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.
SECTION 21. HAS 8.03 (1) is amended to read:
HAS 8.03 Continuing education. (1) A licensee Except as provided in sub. (6), hearing instrument specialists, audiologists and speech-language pathologists shall complete at least 20 hours of board approved continuing education programs or courses of study which pertain to the practice of fitting and dealing in hearing instruments, audiology or speech-language pathology, as appropriate, in each biennial renewal period.
SECTION 22. HAS 8.03 (6) is created to read:
HAS 8.03 (6) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.
SECTION 23. HAS 8.04 (1) is amended to read:
HAS 8.04 Approval of continuing education programs and courses of study. (1) Except as provided in subs. (6) and (7), to apply for approval of a continuing education program or course of study, a sponsor shall submit to the board office, at least 45 30 calendar days prior to the first date the program or course of study is offered, an application on forms provided by the board and shall include the name of the sponsor, the program or course title, general description and an outline of the program or course, the dates, the location, the name and qualifications of each instructor.
Notice of Hearing
Insurance
(Corrected and Reprinted from March 31, 2005 Register)
Notice is hereby given that pursuant to the authority granted under s.
601.41(3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting Section
Ins 3.09 (19), Wis. Adm. Code, relating to mortgage guaranty insurance.
Hearing Information
