CR 22-059 Rule Text

Related statute or rule: None.

Plain language analysis: As reflected in the March 2021 Wisconsin Hearing and Speech Examining Board Biennial report to the Legislature in compliance with s. 227.29 (1), Stats., two rule objectives were listed as items to be addressed as scope projects: (1) updating outdated 1998 ANSI 3.6 audiometric standards; and (2) removing the option of a certificate of clinical competence as an educational licensure requirement.

A third rule objective was to implement 2017 Act 143 which entitles service members, former service members who were discharged within the prior four years under conditions other than dishonorable, and spouses of service members or former service members, to obtain an audiologist or speech language pathology credential if the person resides in Wisconsin, and is in good standing with the governmental authorities in every jurisdiction outside Wisconsin that have granted the individual a credential that qualifies the individual to perform these authorized services under the appropriate credential. The license, once granted, may be renewed indefinitely.

Summary of, and comparison with, existing or proposed federal regulation: None.

Comparison with rules in adjacent states:

Illinois: The Illinois Department of Financial and Professional Regulation (IDFPR) regulates speech-language pathologists and audiologists under the Board of Speech-Language Pathology and Audiology. Certification is provided to individuals who have demonstrated they possess a masters’ or doctoral degree from a speech pathology or audiology program and pass the Praxis examination or provide a Certificate of Clinical Competence in Speech-Language Pathology or Audiology awarded by the American Speech-Language-Hearing Association's Clinical Certification Board. (225 ILCS 110/8)

Temporary licenses may be renewed one time only for a 12-month period for individuals serving full-time in the Armed Forces; in an incapacitating illness documented by a currently licensed physician; or any other similar extenuating circumstances. (225 ILCS 1465.41)

In 2019, the Illinois Legislature passed legislation expediting professional licensure for service members and spouses who are active-duty members or whose active-duty service concluded within the preceding 2 years before application. In part, this law states that, once an active member of the military (or their spouse) has submitted all required documents and fee as part of a completed license application, it will be reviewed within 60 days. (20 ILCS 5/5-715)

State of Illinois governance citations regarding audiometric standards, equipment or practices could not be located.

Iowa: The Iowa Department of Public Health (IDPH) regulates speech pathologists and audiologists under the Board of Speech Pathology and Audiology. In Iowa, licensure is provided to those demonstrating proof of either a masters’ degree in speech pathology or a doctoral degree in audiology, or the equivalent of one of these degrees and the official completion of at least 400 hours of supervised clinical training, and completion of the Praxis examination (645 IAC 645.303(147))

In Iowa, veterans with an unrestricted professional license in another jurisdiction may apply for licensure by passing any required licensure examination provided credit for examinations previously passed. Licenses are granted if the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements are substantially equivalent to those required in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background. If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a provisional license, but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements. (645 IAC—20.3(272C))

State of Iowa governance citations regarding audiometric standards, equipment or practices could not be located.

Michigan: The Michigan Department of Licensing and Regulatory Affairs (MDLRA) regulates speech pathologists and audiologists under the Board of Speech-Language Pathology and the Board of Audiology, respectively. License credentials are provided to individuals who possess a master’s degree in speech pathology or a master's degree or doctoral degree in audiology. Those seeking an initial speech pathology license must have performed at least 1,260 hours of postgraduate clinical experience. All those seeking speech-language and audiologist credentials must pass the Praxis examination. (MCL 338.3)

In Michigan, active-duty service members, veterans, spouses, or their qualifying dependents may obtain an initial health profession, occupational license, or certification of registration in a profession or occupation for which they hold a license or registration in another state or country, including waiving the fee for the initial health profession license or registration fee. (MCL 339.411(11)

State of Michigan governance citations regarding audiometric standards, equipment or practices could not be located.

Minnesota: Minnesota speech pathologists and audiologists are regulated by the Minnesota Department of Health, with input from the Speech-Language Pathologist and Audiologist Advisory Council. License credentials are provided to individuals who possess a master’s degree in speech pathology or a master’s degree or doctoral degree in audiology, including passing the Praxis examination. (2021 MN Statutes, Section 148.515)

In Minnesota, expedited and temporary professional licenses may be provided for those who are currently active-duty members, spouses of those who are active-duty members, or veterans of the military. (MN Statutes, Section 197.4552)

In November 2020, the Minnesota Department of Health Hearing Dispenser Certification Examination adopted ANSI 3.6 guidelines for hearing screening audiometer use and calibration to allow for pure tone audiometry and threshold screening. (MN Hearing Dispenser Certification Examination Standards, 2021)

Summary of factual data and analytical methodologies:

The proposed rules were developed by reviewing the March 2021 Biennial Report to the Legislature in compliance with s. 227.29 (1), Stats. of the Hearing and Speech Examining Board, technical information provided by the Audiometric Testing and American Speech and Hearing Association (ASHA), and 2019 Wisconsin Act 143, which relates to professional reciprocal licensure.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The department posted the draft rule on its website to solicit input from small businesses, local units of government, and individuals for use in completing the economic impact analysis. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator, Jennifer Garrett, may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

TEXT OF RULE

Section 1. HAS 4.03 (1) and (note) are amended to read:

HAS 4.03 (1) Pure tone audiometry must be conducted with a pure tone audiometer which conforms to the American National Standards Institute, Standard ANSI S3.6 1996 2018 approved January 12, 1996 September 20, 2018. Such audiometer shall be capable of generating a minimum of 9 discrete frequencies, ranging from 250 Hz through 8 KHz (250, 500, 750, 1000, 1500, 2000, 3000, 4000, 6000, 8000 Hz). Output levels over the frequency range shall conform to standard ANSI S3.6 specified above.

Note: A copy of Standard ANSI S3.6 may be obtained by writing to: from the American National Standards Institute, 11 West 42nd Street, New York, NY 10036 website at www.ANSI.org. Copies A copy of the Standard are is on file at the office of the Department of Safety and Professional Services and the Legislative Reference Bureau.

Section 2. HAS 6.04 (6) (b) is amended to read:

HAS 6.04 (6) (b) Completed education or training that the board determines is substantially equivalent to passing the Praxis Audiology examination. A certificate of clinical competence in audiology granted by ASHA is considered equivalent.

Section 3. HAS 6.07 is repealed and recreated to read:

HAS 6.07  Reciprocal license. (1) Reciprocal licenses generally.

(a) Speech-language pathology. The board shall grant a license to practice speech-language pathology to an applicant who pays the fee required by s. 440.05 (2), Stats., and provides evidence of all the following:

1. The applicant has a current license to practice speech-language pathology in good standing in another state or territory of the United States.

2. The requirements for licensure in the other state or territory are substantially equivalent to the requirements under s. 459.24 (2), Stats.

(b) Audiology. The board shall grant a license to practice audiology to an applicant who pays the fee required by s. 440.05 (2), Stats., and provides evidence of one of the following:

1. The applicant has a current license to practice audiology in good standing in another state or territory of the United States and the requirements for licensure in the other state or territory are substantially equivalent to the requirements under s. 459.24 (3), Stats.

2. The applicant has a current license to practice audiology in good standing in another state or territory of the United States and provides evidence of all the following:

a. The requirements for licensure in the other state or territory are substantially equivalent to the requirements under s. 459.24 (3) (c), (e), and (em), Stats.

b. The applicant has completed a supervised clinical practicum and received a master's degree in audiology from a college or university approved by the examining board or has completed education or training that the examining board determines is substantially equivalent to the completion of those requirements.

(c) Reciprocal agreements. A license to practice speech-language pathology or audiology may be granted to applicants according to the terms of a reciprocal agreement the board has entered into with another state or territory.

(2) Reciprocal licenses for service members, former service members, and their spouses.

(a) Speech-language pathology. Notwithstanding the requirements in s. HAS 6.07 (1) (a), the board shall grant a license to practice speech-language pathology to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats. who submits all the following:

1. A completed application form with the signature of the applicant and date of signature.

Note: Applications are available on the website at dsps.wi.gov or by calling [phone].

2. Fees as determined by the department under s. 440.05 (2), Stats.

3. A statement that the applicant resides in this state.

4. Documentation that the applicant is a service member, former service member, or the spouse of a service member or former service member. If an applicant is unable to provide the documentation, the applicant may submit an affidavit to the board stating that the applicant is a service member, former service member, or the spouse of a service member or former service member.

5. Evidence that the individual holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under the appropriate credential granted by the department or credentialing board. 

6. Evidence that the applicant is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the applicant a license, certification, registration, or permit that qualifies the individual to perform acts authorized under a speech-language pathology license granted by the board.

(b)Audiology. Notwithstanding the requirements in s. HAS 6.07 (1) (b), the board shall grant a license to practice audiology to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats. who pays the fee required by s. 440.05 (2), Stats., and submits all the following:

1. A completed application form with the signature of the applicant and date of signature.

Note: Applications are available on the website at dsps.wi.gov or by calling [phone].

2. Fees as determined by the department under s. 440.05 (2), Stats.

3. A statement that the applicant resides in this state.