SB389: Bill Text

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SB389, s. 114 Section 114 . 459.22 (1) of the statutes is repealed.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

SB389,38,18 940.34 (2) (b) Any person licensed as a private detective or granted a private security permit under s. 440.26 subch. II of ch. 440 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.

SB389, s. 127 Section 127. 940.34 (2) (c) 1. of the statutes is amended to read:

SB389,38,22 940.34 (2) (c) 1. In this paragraph, "unlicensed private security person" means a private security person, as defined in s. 440.26 (1m) (h) 440.27 (1), who is exempt from the permit and licensure requirements of s. 440.26 subch. II of ch. 440.

SB389, s. 128 Section 128. 941.237 (1) (em) of the statutes is amended to read:

SB389,38,25 941.237 (1) (em) "Private security person" has the meaning given in s. 440.26 (1m) (h) 440.27 (1).

SB389, s. 129 Section 129 . 941.237 (3) (cm) 1. of the statutes is amended to read:

SB389,39,3 941.237 (3) (cm) 1. The private security person is covered by a license or permit issued under s. 440.26 subch. II of ch. 440.

Note: Sections 19 to 22, 29 to 31, 37 to 48, 50 to 61 and 124 to 129 of this bill reorganize current statutes regulating private detectives, detective agencies and security guards. Currently, all of these provisions are in one statute, s. 440.26, stats. This bill creates a new subchapter of ch. 440 (subchapter II) in which all of these requirements are placed. It also renumbers these requirements for better organization and readability.

SB389, s. 130 Section 130 . 968.27 (7) (b) of the statutes is amended to read:

SB389,39,6 968.27 (7) (b) A hearing aid instrument or similar device being used to correct subnormal hearing to not better than normal.

Note: Sections 5 , 10, 11 , 13, 15 , 18, 27 , 28, 96 to 123 and 130 change statutory references from "hearing aid" to "hearing instrument". In addition, the term "hearing aid dealers and fitters" is changed to "hearing instrument specialist".

SB389, s. 131 Section 131. Initial applicability; regulation and licensing.

SB389,39,10 (1) Physician continuing education. The treatment of section 448.13 (1) (a) of the statutes first applies to applications that are submitted to renew licenses that expire on November 1, 1999.

SB389,39,11 (End)