AB575: Bill Text

LRB-2251/3

MDK:mfd:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 575

October 28, 1997 - Introduced by Representatives Underheim, Jensen, Bock, Olsen, Kunicki, Kaufert, La Fave, F. Lasee, Johnsrud, Lorge, Brandemuehl and Wasserman, cosponsored by Senators Moen, Burke, Fitzgerald, Breske and Grobschmidt. Referred to Committee on Health.

AB575,1,10 An Act to renumber 459.26 (2); to renumber and amend 459.20 (2); to amend 459.02, 459.03 (1), 459.09, 459.22 (2) (b), 459.24 (2) (e), 459.24 (3) (e), 459.24 (5), 459.24 (6) (a), 459.24 (6) (b), 459.24 (6) (c), 459.32 (3) and 459.34 (2m) (c); and to create 459.095, 459.20 (2) (b), 459.20 (3g), 459.20 (3p), 459.20 (3t), 459.24 (3) (em), 459.24 (3m), 459.24 (5m), 459.26 (2) (b) and (c) and 459.34 (2) (ce), (cm) and (cs) of the statutes; relating to: allowing audiologists to engage in the practice of fitting and selling hearing aids without obtaining a hearing instrument specialist license, continuing education for hearing instrument specialists, audiologists and speech-language pathologists and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Current law provides that no person, including an individual granted a license or permit to practice audiology by the hearing and speech examining board (examining board) in the department of regulation and licensing, may engage in the practice of selling or fitting hearing aids without first obtaining a hearing instrument specialist license from the examining board. "Hearing aid" is defined, in part, as a wearable instrument or device designed to aid impaired hearing. An applicant for a hearing instrument specialist license must pass an examination that includes certain practical tests of proficiency in fitting hearing aids. Current law also requires a hearing instrument specialist to provide a receipt to a purchaser of a hearing aid that includes certain information about the hearing aid, such as whether the hearing aid is used or reconditioned. In addition, a hearing instrument specialist who sells a hearing aid must give the purchaser a personal guarantee with terms that are at least identical to the manufacturer's guarantee.

This bill allows a person granted an audiologist license by the examining board to sell or fit hearing aids without having to first obtain a hearing instrument specialist license. A hearing aid that an audiologist is allowed to sell or fit under the bill has the same definition as a hearing aid under current law, except that it also includes implantable instruments and devices. The bill also changes the requirements that an applicant for an audiologist license must satisfy by requiring him or her to pass, in addition to an audiology examination required under current law, the proficiency tests required under current law for a hearing instrument specialist license. In addition, the bill requires an audiologist who fits or sells hearing aids to comply with the same requirements that apply to hearing instrument specialists with respect to a hearing aid receipt and a seller's guarantee.

This bill also requires the examining board to promulgate rules that require a person to complete continuing education in order to renew a hearing instrument specialist, audiologist or speech-language pathologist license. The rules must require such a person to complete 20 hours of continuing education every 2 years. In addition, the rules must require each person licensed as a hearing instrument specialist, audiologist or speech-language pathologist to complete a specified educational program or course of study to ensure competence with respect to a matter if the examining board has received a significant number of consumer complaints about the matter or if the examining board otherwise determines that such a requirement is necessary. Such rules must require the examining board to waive this requirement if, prior to the program or course of study, a person passes an examination administered by the examining board on the matter.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB575, s. 1 Section 1. 459.02 of the statutes is amended to read:

AB575,3,6 459.02 License required to sell and fit hearing aids. (1) No person may engage in the practice of selling or fitting hearing aids or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting or sale of hearing aids unless he or she holds a valid license issued under this subchapter or a valid license or permit to practice audiology issued under subch. II. The license required by s. 459.05 shall be conspicuously posted in his or her office or place of business as registered with the department at all times. Duplicate licenses shall be issued by the department under this subchapter to valid license holders operating more than one office without additional payment.

AB575,3,14 (2) Nothing in this subchapter or subch. II shall prohibit any corporation or mercantile establishment which maintains an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, provided that for the purpose of selling and fitting hearing aids it employs persons licensed under this subchapter or persons issued licenses or permits to practice audiology under subch. II. Such corporation or mercantile establishment shall annually file with the examining board a list of all persons employed for the purpose of selling and fitting hearing aids.

AB575, s. 2 Section 2. 459.03 (1) of the statutes is amended to read:

AB575,3,22 459.03 (1) Whoever practices fitting or sale selling of hearing aids under this subchapter shall deliver to each person supplied with a hearing aid a receipt. The receipt shall contain the licensee's signature and show the licensee's business address and certificate number, together with specifications as to the make and model of the hearing aid furnished and full terms of sale clearly stated. If a hearing aid which is not new is sold, the receipt and the container thereof must be clearly marked as "used" or "reconditioned" whichever is applicable.

AB575, s. 3 Section 3. 459.09 of the statutes is amended to read:

AB575,4,9 459.09 (title) Renewal of license; fees; effect of failure to renew. Each person who practices dealing in or fitting hearing aids issued a license under this subchapter shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), pay to the department the applicable renewal fee specified under s. 440.08 (2) (a) and submit with the renewal application proof that he or she 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 or required under rules promulgated under s. 459.095. A licensee shall keep the certificate conspicuously posted in the person's his or her office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting in each location.

AB575, s. 4 Section 4. 459.095 of the statutes is created to read:

AB575,4,12 459.095 Continuing education. The examining board shall do all of the following:

AB575,4,16 (1) Promulgate rules establishing the criteria for approval of continuing education programs or courses of study required for renewal of a license under s. 459.09 and for approval of the sponsors and cosponsors of continuing education programs or courses of study.

AB575,4,18 (2) Approve continuing education programs and courses of study in accordance with the criteria established under sub. (1).

AB575,5,9 (3) In consultation with the department, promulgate rules that require each person issued a license under this subchapter to complete a specified continuing education program or course of study to ensure competence with respect to a matter related to the practice of fitting and dealing in hearing aids if the examining board has received a significant number of consumer complaints about the matter or if the examining board otherwise determines that there is a need for such a requirement. Rules promulgated under this subsection shall establish criteria for the examining board's approval of the continuing education program or course of study and of sponsors and cosponsors of the continuing education program or course of study. The rules shall also require the examining board to administer, prior to the continuing education program or course of study, an examination on the matter that is the subject of the continuing education program or course of study and to waive a requirement to complete the continuing education program or course of study if a person granted a license under this subchapter passes the examination. A person who takes an examination specified in this subsection shall pay the fee specified in s. 440.05 (1) (b).

AB575, s. 5 Section 5. 459.20 (2) of the statutes is renumbered 459.20 (2) (intro.) and amended to read:

AB575,5,12 459.20 (2) (intro) "Audiology" means applying all of the following:

AB575,5,17 (a) Applying principles, methods or procedures of prevention, identification, evaluation, consultation, intervention, instruction or research related to hearing, vestibular function, or any abnormal condition related to tinnitus, auditory sensitivity, acuity, function or processing, speech, language or other aberrant behavior resulting from hearing loss.

AB575, s. 6 Section 6. 459.20 (2) (b) of the statutes is created to read:

AB575,5,19 459.20 (2) (b) Engaging in the practice of fitting and dealing in hearing aids.

AB575, s. 7 Section 7. 459.20 (3g) of the statutes is created to read:

AB575,5,24 459.20 (3g) "Hearing aid" means any wearable or implantable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

AB575, s. 8 Section 8. 459.20 (3p) of the statutes is created to read:

AB575,6,5 459.20 (3p) "Practice of fitting and dealing in hearing aids" means the measurement of human hearing by means of an audiometer or by any other means accepted by the examining board for the purpose of making selections, adaptations or sales of hearing aids intended to compensate for impaired hearing, and includes making impressions for ear molds.

AB575, s. 9 Section 9. 459.20 (3t) of the statutes is created to read:

AB575,6,8 459.20 (3t) "Sell" or "sale"means a transfer for a consideration of title or of the right to use.

AB575, s. 10 Section 10. 459.22 (2) (b) of the statutes is amended to read:

AB575,6,12 459.22 (2) (b) Authorize an individual a speech-language pathologist licensed under this subchapter to dispense or sell hearing aids without obtaining a hearing instrument specialist license under subch. I.

AB575, s. 11 Section 11. 459.24 (2) (e) of the statutes is amended to read:

AB575,6,20 459.24 (2) (e) Submits evidence satisfactory to the examining board that he or she has passed the examination required for certification as a speech-language pathologist by the American speech-language-hearing association or passes an examination under s. 459.26 (2) (a) to determine fitness as a speech-language pathologist or has completed education or training that the examining board determines is substantially equivalent to passing one of those examinations in determining fitness as a speech-language pathologist.

AB575, s. 12 Section 12. 459.24 (3) (e) of the statutes is amended to read:

AB575,7,2 459.24 (3) (e) Submits evidence satisfactory to the examining board that he or she has passed the examination required for certification as an audiologist by the American speech-language-hearing association or passes an examination under s. 459.26 (2) (a) to determine fitness as an audiologist, or has completed education or training that the examining board determines is substantially equivalent to passing one of those examinations in determining fitness as an audiologist.

AB575, s. 13 Section 13. 459.24 (3) (em) of the statutes is created to read:

AB575,7,4 459.24 (3) (em) Passes an examination under s. 459.26 (2) (b).

AB575, s. 14 Section 14. 459.24 (3m) of the statutes is created to read:

AB575,7,9 459.24 (3m) Fitting and sale of hearing aids. An audiologist licensed under this subchapter or an individual granted a permit to practice audiology under this subchapter who engages in the practice of fitting and dealing in hearing aids shall do all of the following:

AB575,7,16 (a) Deliver to each person supplied with a hearing aid a receipt. The receipt shall contain the signature and show the business address and certificate number of the licensee or permittee, together with specifications as to the make and model of the hearing aid and full terms of sale clearly stated. If a hearing aid that is not new is sold, the receipt and the container must be clearly marked as "used" or "reconditioned", whichever is applicable. The terms of the guarantee, if there is any given, shall be set out in not less than 8-point type.

AB575,7,18 (b) Give to a purchaser of a hearing aid a personal guarantee that is at least identical in its terms to the guarantee given by the manufacturer of the hearing aid.

AB575, s. 15 Section 15. 459.24 (5) of the statutes is amended to read:

AB575,8,2 459.24 (5) Expiration and renewal. The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under sub. (6), are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and proof that the applicant 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 or required under rules promulgated under sub. (5m).

AB575, s. 16 Section 16. 459.24 (5m) of the statutes is created to read:

AB575,8,5 459.24 (5m) Continuing education. (a) The examining board shall do all of the following:

AB575,8,9 1. Promulgate rules establishing the criteria for approval of continuing education programs or courses of study required for renewal of a license under sub. (5) and the criteria for approval of the sponsors and cosponsors of continuing education programs or courses of study.

AB575,8,11 2. Approve continuing education programs and courses of study in accordance with the criteria established under subd. 1.

AB575,8,13 3. In consultation with the department, promulgate rules that do each of the following:

AB575,8,19 a. Require each person granted a speech-language pathologist license to complete a specified continuing education program or course of study to ensure competence with respect to a matter related to the practice of speech-language pathology if the examining board has received a significant number of consumer complaints about the matter or if the examining board otherwise determines there is a need for such a requirement.

AB575,8,24 b. Require each person granted an audiologist license to complete a specified continuing education program or course of study to ensure competence with respect to a matter related to the practice of audiology if the examining board has received a significant number of consumer complaints about the matter or if the examining board determines there is a need for such a requirement.

AB575,9,10 (b) Rules promulgated under par. (a) 3. shall establish criteria for the examining board's approval of the specified continuing education program or course of study and of sponsors and cosponsors of the continuing education program or course of study. The rules shall also require the examining board to administer, prior to the continuing education program or course of study, an examination on the matter that is the subject of the continuing education program or course of study and to waive a requirement to complete the continuing education program or course of study if a person granted a license under this subchapter passes the examination. A person who takes an examination specified in this paragraph shall pay the fee specified in s. 440.05 (1) (b).

AB575, s. 17 Section 17. 459.24 (6) (a) of the statutes is amended to read:

AB575,9,18 459.24 (6) (a) Upon application, the examining board may grant a temporary license to practice speech-language pathology during the completion of the postgraduate fellowship required under sub. (2) (f) if the applicant practices under the supervision of a speech-language pathologist licensed under sub. (2), satisfies the requirements under sub. (2) (a) to (d) and has submitted an application to take the next available examination for licensure as a speech-language pathologist under s. 459.26 (2) (a).

AB575, s. 18 Section 18. 459.24 (6) (b) of the statutes is amended to read:

AB575,9,25 459.24 (6) (b) Upon application, the examining board may grant a temporary license to practice audiology during the completion of the postgraduate fellowship required under sub. (3) (f) if the applicant practices under the supervision of an audiologist licensed under sub. (3), satisfies the requirements under sub. (3) (a) to (d) and has submitted an application to take the next available examination examinations for licensure as an audiologist under s. 459.26 (2) (a) and (b).

AB575, s. 19 Section 19. 459.24 (6) (c) of the statutes is amended to read:

AB575,10,9 459.24 (6) (c) A temporary license granted under this subsection is valid for a period designated by the examining board, not to exceed 9 months, and. A temporary license granted under par. (a) may be renewed once by the examining board. A temporary license granted under par. (b) may be renewed once by the examining board if the applicant fails an examination for audiologist licensure under s. 459.26 (2) (a) or (b) and applies to take the next available examination or if the applicant shows, to the satisfaction of the examining board, sufficient cause for the renewal. An applicant for a temporary license shall pay the fee specified in s. 440.05 (6).

AB575, s. 20 Section 20. 459.26 (2) of the statutes is renumbered 459.26 (2) (a).

AB575, s. 21 Section 21. 459.26 (2) (b) and (c) of the statutes are created to read:

AB575,10,15 459.26 (2) (b) An applicant for an audiologist license shall also complete an examination administered by the examining board that consists of practical tests of proficiency in techniques that pertain to the fitting of hearing aids, including the following:

AB575,10,17 1. Pure tone audiometry, including air conduction testing and bone conduction testing.

AB575,10,20 2. Live voice or recorded voice speech audiometry including speech reception threshold testing and most comfortable loudness measurements and measurements of tolerance thresholds.

AB575,10,21 3. Masking when indicated.

AB575,10,23 4. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaption of a hearing aid.

AB575,10,24 5. Taking ear mold impressions.

AB575,11,4 (c) The examining board may waive the requirement to complete the examination specified in par. (b) if it determines that an applicant for an audiologist license has completed education or training that is substantially equivalent to completing the examination.

AB575, s. 22 Section 22. 459.32 (3) of the statutes is amended to read:

AB575,11,8 459.32 (3) An applicant for a limited permit under sub. (1) or (2) shall pay the fee specified in s. 440.05 (6) and, if applicable, an applicant for a limited permit under sub. (2) shall also pay the fee specified in s. 440.05 (1) (b).

AB575, s. 23 Section 23. 459.34 (2) (ce), (cm) and (cs) of the statutes are created to read:

AB575,11,12 459.34 (2) (ce) Violated any federal or state statute, rule or regulation that relates to the practice of fitting and dealing in hearing aids. This paragraph does not apply to speech-language pathologists.

AB575,11,14 (cm) Failed to conduct a direct observation of the ear canal of a purchaser of a hearing aid. This paragraph does not apply to speech-language pathologists.

AB575,11,18 (cs) Sold a hearing aid to a person who was not given tests using appropriate procedures and instrumentation or without proper measurement of the functional intensity and range of the person's hearing. This paragraph does not apply to speech-language pathologists.

AB575, s. 24 Section 24. 459.34 (2m) (c) of the statutes is amended to read: