SB389: Bill Text

SB389, s. 90 Section 90 . 443.13 of the statutes is amended to read:

SB389,27,17 443.13 Disciplinary proceedings against designers of engineering systems. The examining board may limit, suspend or revoke a permit or reprimand the permittee if the permittee is guilty of fraud or deceit in obtaining the permit, gross negligence, incompetency or misconduct in practice, signing documents not prepared by the permittee or under the permittee's control, knowingly aiding or abetting unauthorized designing of engineering systems as stated in s. 443.07 (3) by persons not granted permits under this chapter or conviction of a felony, subject to ss. 111.321, 111.322 and 111.335, or adjudication of mental incompetency by a court of competent jurisdiction. If, after a hearing conducted under the rules promulgated under s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the charges, the examining board shall reprimand the permittee or limit, suspend or revoke the permit. The action of the examining board is subject to review under ch. 227.

Note: Sections 87 to 90 of this bill repeal provisions in current law that set forth disciplinary proceedings against professionals regulated by the examining board of architects, landscape architects, engineers, designers and land surveyors. Because general statutes in ch. 440, stats., establish complaint and disciplinary proceedings that apply to all examining boards, the department of regulation and licensing states that the specific provisions in ch. 443, stats., are redundant and should be repealed.

SB389, s. 91 Section 91 . 448.03 (2) (L) of the statutes is created to read:

SB389,28,3 448.03 (2) (L) Any person assisting an occupational therapist or occupational therapy assistant in practice under the direct, immediate, on-premises supervision of the occupational therapist or occupational therapy assistant.

Note: Section 91 of this bill permits an occupational therapist or occupational therapy assistant to utilize an assistant if the assistant is under the direct, immediate, on-premises supervision of the occupational therapist or occupational therapy assistant. According to the department of regulation and licensing, this change provides parity for occupational therapists with respiratory care practitioners, physicians and podiatrists, who are permitted to use unlicensed health care aides, providing the aides act under the direct supervision of the credentialed professional.

SB389, s. 92 Section 92 . 448.13 (1) (a) of the statutes is amended to read:

SB389,28,12 448.13 (1) (a) Each physician shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07, submit proof of attendance at and completion of continuing education programs or courses of study approved for at least 30 hours of credit by the board within the 2 calendar years immediately preceding the calendar year for which the registration is effective date of his or her application for a certificate of registration. The board may waive this requirement if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a physician from meeting the requirement.

Note: Section 92 of this bill corrects terminology in the statute that requires physicians to submit proof of attendance at and completion of continuing education programs. Under the bill, a physician must submit proof that at least 30 hours of courses have been completed during the 2 years immediately preceding the date of the physician's application for renewal. The current statute reads that the proof must be submitted within 2 calendar years immediately preceding the calendar year for which the registration is effective.

SB389, s. 93 Section 93 . 449.18 (7) of the statutes is amended to read:

SB389,29,2 449.18 (7) The examining board shall promulgate rules requiring applicants for renewal under sub. (4) to attend continuing education courses approved by the examining board. The rules shall establish criteria for the approval of such courses and may not require an applicant for renewal to attend more than 30 hours of courses within the 2 calendar years immediately preceding the expiration date specified in sub. (4) of his or her application for renewal.

Note: Section 93 of this bill corrects terminology in the statute that requires optometrists to submit proof of attendance at and completion of continuing education programs. Under the bill, an optometrist must submit proof that at least 30 hours of courses have been attended during the 2 years immediately preceding the date of the optometrist's application for renewal. The current statute reads that the proof must be submitted within 2 calendar years immediately preceding the calendar year for which the registration is effective.

SB389, s. 94 Section 94 . 458.08 (5) of the statutes is repealed.

SB389, s. 95 Section 95 . 458.09 (2) (intro.) of the statutes is amended to read:

SB389,29,7 458.09 (2) (intro.) If an applicant for a certificate under s. 458.06 (3) or (4) or 458.08 (3) or (5) (a) or for renewal of that certificate under s. 458.11 is an assessor, all of the following apply:

Note: Sections 94 and 95 of this bill remove obsolete provisions from the statutes that provide that transitional licenses for real estate appraisers expire on January 1, 1996.

SB389, s. 96 Section 96 . 459.01 (2), (3) and (5) of the statutes are amended to read:

SB389,29,12 459.01 (2) "Hearing aid instrument" means any wearable 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.

SB389,29,15 (3) "Hearing instrument specialist" means any person who is or is required to be licensed under s. 459.05 to engage in the practice of dealing in or fitting hearing aids instruments.

SB389,29,20 (5) "Practice of fitting and dealing in hearing aids instruments" means the measurement of human hearing by means of an audiometer or by any other means accepted by the examining board solely for the purpose of making selections, adaptations or sales of hearing aids instruments intended to compensate for impaired hearing. This term also includes making impressions for ear molds.

SB389, s. 97 Section 97. 459.02 of the statutes is amended to read:

SB389,30,11 459.02 License required to sell and fit hearing aids instruments. (1) No person may engage in the practice of selling or fitting hearing aids instruments 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 instruments 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.

SB389,30,19 (2) Nothing in this subchapter or subch. II shall prohibit any corporation or mercantile establishment which that maintains an established business address from engaging in the business of selling or offering for sale hearing aids instruments at retail without a license, provided that for the purpose of selling and fitting hearing aids instruments 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 instruments.

SB389, s. 98 Section 98 . 459.03 (title) of the statutes is amended to read:

SB389,30,22 459.03 (title) Receipt required to be furnished to a person supplied with hearing aid instrument.

SB389, s. 99 Section 99. 459.03 (1) of the statutes is amended to read:

SB389,31,6 459.03 (1) Whoever practices fitting or selling of hearing aids instruments under this subchapter shall deliver to each person supplied with a hearing aid instrument 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 instrument furnished and full terms of sale clearly stated. If a hearing aid instrument which is not new is sold, the receipt and the container thereof must be clearly marked as "used" or "reconditioned" whichever is applicable.

SB389, s. 100 Section 100. 459.03 (2) (b) of the statutes is amended to read:

SB389,31,13 459.03 (2) (b) A statement that the purchaser has been advised at the outset of the purchaser's relationship with the hearing instrument specialist that any examination or representation made by a hearing instrument specialist in connection with the fitting and selling of this hearing aid instrument is not an examination, diagnosis or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice.

SB389, s. 101 Section 101. 459.035 of the statutes is amended to read:

SB389,31,19 459.035 Medical exam before being fitted. A hearing aid instrument shall not be fitted for or sold to a child 16 years of age or younger unless within 90 days prior to the fitting the person to be fitted has been examined by a physician to determine whether or not he or she has any physical deficiencies that would prohibit the effective use of a hearing aid instrument.

SB389, s. 102 Section 102. 459.04 of the statutes is amended to read:

SB389,31,23 459.04 Seller's guarantee. The seller of a hearing aid instrument shall give to the purchaser a personal guarantee that is at least identical in its terms to the guarantee of the manufacturer of the hearing aid instrument.

SB389, s. 103 Section 103. 459.05 (1m) of the statutes is amended to read:

SB389,32,12 459.05 (1m) Whenever the examining board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect in the state for the practice of fitting and selling hearing aids instruments, and that such state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants in this state are qualified to fit and sell hearing aids instruments, the department may issue a license by reciprocity to applicants who hold valid certificates or licenses to deal in or fit hearing aids instruments in such other state or jurisdiction, who pay the fee specified in s. 440.05 (2) and who are otherwise qualified for licensure. No applicant for a license by reciprocity under this subsection shall be required to submit to or undergo a qualifying examination, if the applicant personally appears at the next meeting of the examining board after filing the application to answer any questions the examining board has.

SB389, s. 104 Section 104. 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3) of the statutes are amended to read:

SB389,32,16 459.06 (2) (a) (intro.) Tests of knowledge in the following areas as they pertain to the fitting of hearing aids instruments:

SB389,32,17 3. The function of hearing aids instruments.

SB389,32,19 (b) (intro.) Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids instruments:

SB389,32,21 4. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaption of a hearing aid instrument.

SB389,33,2 (3) The applicant for license by examination shall appear at a time and place as the examining board designates, to be examined by means of written and practical tests in order to demonstrate that he or she is qualified to practice the fitting of hearing aids instruments. Such examinations shall be conducted at least twice a year and at such other times and places designated by the examining board.

SB389, s. 105 Section 105. 459.07 (2) of the statutes is amended to read:

SB389,33,10 459.07 (2) Upon receiving an application under this section, accompanied by the fee under s. 440.05 (6), the examining board may grant a trainee permit which that may entitle the applicant to practice fitting of hearing aids instruments for a period of one year. A person holding a valid hearing instrument specialist license shall be responsible for the direct supervision and training of the applicant and shall be liable for all negligent acts and omissions of the trainee in the fitting of hearing aids instruments.

SB389, s. 106 Section 106. 459.08 (1) of the statutes is amended to read:

SB389,33,16 459.08 (1) A person who holds a license shall notify the department in writing or in accordance with other notification procedures approved by the department of the regular address of the places where he or she engages or intends to engage in the practice of fitting or selling hearing aids instruments. The licensee shall inform the board of any changes in these addresses within 30 days of the change.

SB389, s. 107 Section 107. 459.085 of the statutes is amended to read:

SB389,33,22 459.085 Calibration of audiometric equipment. Audiometric equipment used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids instruments shall be calibrated periodically, as specified by rule by the examining board. Certification of these calibrations shall be sent to the examining board with the renewal fee required in s. 459.09.

SB389, s. 108 Section 108. 459.095 (3) of the statutes is amended to read:

SB389,34,14 459.095 (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 instruments 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).

SB389, s. 109 Section 109 . 459.10 (1) (d), (e), (j), (k) and (p) of the statutes are amended to read:

SB389,34,18 459.10 (1) (d) Been found guilty of an offense the circumstances of which substantially relate to the practice of fitting and dealing in hearing aids instruments.

SB389,34,20 (e) Violated this subchapter or ch. 440 or any federal or state statute or rule which that relates to the practice of fitting and dealing in hearing aids instruments.

SB389,34,23 (j) Engaged in conduct which that evidenced a lack of knowledge or ability to apply principles or skills of the practice of fitting and dealing in hearing aids instruments.

SB389,35,2 (k) Engaged in unprofessional conduct. In this subsection, "unprofessional conduct" means the violation of any standard of professional behavior which that through experience, state statute or administrative rule has become established in the practice of fitting and dealing in hearing aids instruments.

SB389,35,5 (p) Sold a hearing aid instrument 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.

SB389, s. 110 Section 110 . 459.14 (2) of the statutes is amended to read:

SB389,35,10 459.14 (2) This subchapter does not apply to a person engaged in the practice of measuring human hearing for selecting hearing aids instruments or any other purpose if the person or the organization employing such person does not sell hearing aids instruments or hearing accessories.

SB389, s. 111 Section 111. 459.20 (2) (b) of the statutes is amended to read:

SB389,35,13 459.20 (2) (b) Engaging in the practice of fitting and dealing in hearing aids instruments.

SB389, s. 112 Section 112. 459.20 (3g) of the statutes is amended to read:

SB389,35,18 459.20 (3g) "Hearing aid instrument" 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.

SB389, s. 113 Section 113. 459.20 (3p) of the statutes is amended to read:

SB389,35,24 459.20 (3p) "Practice of fitting and dealing in hearing aids instruments" 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 instruments intended to compensate for impaired hearing, and includes making impressions for ear molds.

SB389, s. 114 Section 114 . 459.22 (1) of the statutes is repealed.

SB389, s. 115 Section 115. 459.22 (2) of the statutes is renumbered 459.22 and 459.22 (2) and (3), as renumbered, are amended to read:

SB389,36,5 459.22 (2) Authorize a speech-language pathologist licensed under this subchapter to dispense or sell hearing aids instruments without obtaining a hearing instrument specialist license under subch. I.

SB389,36,9 (3) Require a hearing instrument specialist licensed under subch. I to be licensed as an audiologist under this subchapter to engage in the testing of hearing or in other practices or procedures solely for the purpose of fitting or selling hearing aids instruments.

SB389, s. 116 Section 116 . 459.24 (1m) of the statutes is amended to read:

SB389,36,13 459.24 (1m) Prohibited titles. No person may use the title "certified hearing aid audiologist" or, "certified hearing instrument audiologist", "licensed hearing aid audiologist" or "licensed hearing instrument audiologist".

SB389, s. 117 Section 117. 459.24 (3m) of the statutes is amended to read:

SB389,36,18 459.24 (3m) Fitting and sale of hearing aids instruments. 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 instruments shall do all of the following:

SB389,36,25 (a) Deliver to each person supplied with a hearing aid instrument 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 instrument and full terms of sale clearly stated. If a hearing aid instrument 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.

SB389,37,3 (b) Give to a purchaser of a hearing aid instrument a personal guarantee that is at least identical in its terms to the guarantee given by the manufacturer of the hearing aid instrument.

SB389, s. 118 Section 118. 459.26 (2) (b) (intro.) of the statutes is amended to read:

SB389,37,8 459.26 (2) (b) (intro.) 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 instruments, including the following:

SB389, s. 119 Section 119. 459.26 (2) (b) 4. of the statutes is amended to read:

SB389,37,11 459.26 (2) (b) 4. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaption of a hearing aid instrument.

SB389, s. 120 Section 120. 459.34 (2) (ce) of the statutes is amended to read:

SB389,37,15 459.34 (2) (ce) Violated any federal or state statute, rule or regulation that relates to the practice of fitting and dealing in hearing aids instruments. This paragraph does not apply to speech-language pathologists.

SB389, s. 121 Section 121. 459.34 (2) (cm) of the statutes is amended to read:

SB389,37,19 459.34 (2) (cm) Failed to conduct a direct observation of the ear canal of a purchaser of a hearing aid instrument. This paragraph does not apply to speech-language pathologists.

SB389, s. 122 Section 122. 459.34 (2) (cs) of the statutes is amended to read:

SB389,37,24 459.34 (2) (cs) Sold a hearing aid instrument 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.

SB389, s. 123 Section 123 . Subchapter III of chapter 459 [precedes 459.40] of the statutes is repealed.

SB389, s. 124 Section 124 . 895.527 (6) of the statutes is amended to read:

SB389,38,9 895.527 (6) A city, village town or county may regulate the hours between 11:00 p.m. and 6:00 a.m. that an outdoor sport shooting range may operate, except that such a regulation may not apply to a law enforcement officer as defined in s. 165.85 (2) (c), a member of the U.S. armed forces or a private security person as defined in s. 440.26 (1m) (h) 440.27 (1) who meets all of the requirements under s. 167.31 (4) (a) 4.

SB389, s. 125 Section 125. 940.34 (1) (b) of the statutes is amended to read:

SB389,38,12 940.34 (1) (b) Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor and is subject to discipline under s. 440.26 (6) 440.35.

SB389, s. 126 Section 126. 940.34 (2) (b) of the statutes is amended to read: