Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules will be posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov. Agency contact person:
Dana Denny, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8306; telephone 608-287-3748; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dana Denny, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing, to be held on October 10, 2022, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. HAS 5.013 is created to read:
HAS 5.013 Scope: The standards of practice and professional conduct in this chapter apply to a licensee all licensees regardless of whether services are provided in person or by telehealth.
Note: Pursuant to ch. 459, Stats. any person engaging in the practice of selling or fitting hearing aids to a patient located in this state shall be licensed under ch. 459, Stats. as a hearing instrument specialist or audiologist. Section 2. HAS 5.015 (1) is created to read:
HAS 5.015 Definition.
(1)
Telehealth. In this chapter “Telehealth” has the meaning given in s. 440.01.Note: Section 440.01 (1) (hm), Stats. reads: "“Telehealth” means a practice of health care delivery, diagnosis, consultation, treatment, or transfer of medically relevant data by means of audio, video, or data communications that are used either during a patient visit or a consultation or are used to transfer medically relevant data about a patient. “Telehealth” includes asynchronous telehealth services, interactive telehealth, and remote patient monitoring." Section 3. HAS 5.02 (2) (g) and 5.02 (4) are created to read:
(g) Failing to utilize equipment and technology to provide telehealth services which enable the hearing instrument specialist to meet or exceed the standard of minimally competent practice.
(4) Wisconsin license required. A person engaging in the practice of selling or fitting hearing aids to a patient located in this state shall be licensed under ch. 459, Stats., as a hearing instrument specialist or audiologist. Section 4. HAS 6.15 is created to read:
HAS 6.15 Scope: The licensure and conduct rules in this chapter and ch. 459, Stats. apply to all persons providing services to patients located in this state without regard to whether services are provided in person or via telehealth. Section 5. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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