SB389, s. 103 24Section 103. 459.05 (1m) of the statutes is amended to read:
SB389,32,12
1459.05 (1m) Whenever the examining board determines that another state or
2jurisdiction has requirements equivalent to or higher than those in effect in the state
3for the practice of fitting and selling hearing aids instruments, and that such state
4or jurisdiction has a program equivalent to or stricter than the program for
5determining whether applicants in this state are qualified to fit and sell hearing aids
6instruments, the department may issue a license by reciprocity to applicants who
7hold valid certificates or licenses to deal in or fit hearing aids instruments in such
8other state or jurisdiction, who pay the fee specified in s. 440.05 (2) and who are
9otherwise qualified for licensure. No applicant for a license by reciprocity under this
10subsection shall be required to submit to or undergo a qualifying examination, if the
11applicant personally appears at the next meeting of the examining board after filing
12the application to answer any questions the examining board has.
SB389, s. 104 13Section 104. 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3) of the
14statutes are amended to read:
SB389,32,1615 459.06 (2) (a) (intro.) Tests of knowledge in the following areas as they pertain
16to the fitting of hearing aids instruments:
SB389,32,1717 3. The function of hearing aids instruments.
SB389,32,1918 (b) (intro.) Practical tests of proficiency in the following techniques as they
19pertain to the fitting of hearing aids instruments:
SB389,32,2120 4. Recording and evaluation of audiograms and speech audiometry to
21determine proper selection and adaption of a hearing aid instrument.
SB389,33,2 22(3) The applicant for license by examination shall appear at a time and place
23as the examining board designates, to be examined by means of written and practical
24tests in order to demonstrate that he or she is qualified to practice the fitting of

1hearing aids instruments. Such examinations shall be conducted at least twice a
2year and at such other times and places designated by the examining board.
SB389, s. 105 3Section 105. 459.07 (2) of the statutes is amended to read:
SB389,33,104 459.07 (2) Upon receiving an application under this section, accompanied by
5the fee under s. 440.05 (6), the examining board may grant a trainee permit which
6that may entitle the applicant to practice fitting of hearing aids instruments for a
7period of one year. A person holding a valid hearing instrument specialist license
8shall be responsible for the direct supervision and training of the applicant and shall
9be liable for all negligent acts and omissions of the trainee in the fitting of hearing
10aids instruments.
SB389, s. 106 11Section 106. 459.08 (1) of the statutes is amended to read:
SB389,33,1612 459.08 (1) A person who holds a license shall notify the department in writing
13or in accordance with other notification procedures approved by the department of
14the regular address of the places where he or she engages or intends to engage in the
15practice of fitting or selling hearing aids instruments. The licensee shall inform the
16board of any changes in these addresses within 30 days of the change.
SB389, s. 107 17Section 107. 459.085 of the statutes is amended to read:
SB389,33,22 18459.085 Calibration of audiometric equipment. Audiometric equipment
19used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids
20instruments shall be calibrated periodically, as specified by rule by the examining
21board. Certification of these calibrations shall be sent to the examining board with
22the renewal fee required in s. 459.09.
SB389, s. 108 23Section 108. 459.095 (3) of the statutes is amended to read:
SB389,34,1424 459.095 (3) In consultation with the department, promulgate rules that
25require each person issued a license under this subchapter to complete a specified

1continuing education program or course of study to ensure competence with respect
2to a matter related to the practice of fitting and dealing in hearing aids instruments
3if the examining board has received a significant number of consumer complaints
4about the matter or if the examining board otherwise determines that there is a need
5for such a requirement. Rules promulgated under this subsection shall establish
6criteria for the examining board's approval of the continuing education program or
7course of study and of sponsors and cosponsors of the continuing education program
8or course of study. The rules shall also require the examining board to administer,
9prior to the continuing education program or course of study, an examination on the
10matter that is the subject of the continuing education program or course of study and
11to waive a requirement to complete the continuing education program or course of
12study if a person granted a license under this subchapter passes the examination.
13A person who takes an examination specified in this subsection shall pay the fee
14specified in s. 440.05 (1) (b).
SB389, s. 109 15Section 109 . 459.10 (1) (d), (e), (j), (k) and (p) of the statutes are amended to
16read:
SB389,34,1817 459.10 (1) (d) Been found guilty of an offense the circumstances of which
18substantially relate to the practice of fitting and dealing in hearing aids instruments.
SB389,34,2019 (e) Violated this subchapter or ch. 440 or any federal or state statute or rule
20which that relates to the practice of fitting and dealing in hearing aids instruments.
SB389,34,2321 (j) Engaged in conduct which that evidenced a lack of knowledge or ability to
22apply principles or skills of the practice of fitting and dealing in hearing aids
23instruments.
SB389,35,224 (k) Engaged in unprofessional conduct. In this subsection, "unprofessional
25conduct" means the violation of any standard of professional behavior which that

1through experience, state statute or administrative rule has become established in
2the practice of fitting and dealing in hearing aids instruments.
SB389,35,53 (p) Sold a hearing aid instrument to a person who was not given tests using
4appropriate procedures and instrumentation or without proper measurement of the
5functional intensity and range of the person's hearing.
SB389, s. 110 6Section 110 . 459.14 (2) of the statutes is amended to read:
SB389,35,107 459.14 (2) This subchapter does not apply to a person engaged in the practice
8of measuring human hearing for selecting hearing aids instruments or any other
9purpose if the person or the organization employing such person does not sell hearing
10aids instruments or hearing accessories.
SB389, s. 111 11Section 111. 459.20 (2) (b) of the statutes is amended to read:
SB389,35,1312 459.20 (2) (b) Engaging in the practice of fitting and dealing in hearing aids
13instruments.
SB389, s. 112 14Section 112. 459.20 (3g) of the statutes is amended to read:
SB389,35,1815 459.20 (3g) "Hearing aid instrument" means any wearable or implantable
16instrument or device designed for or offered for the purpose of aiding or
17compensating for impaired human hearing and any parts, attachments or
18accessories of such an instrument or device, except batteries and cords.
SB389, s. 113 19Section 113. 459.20 (3p) of the statutes is amended to read:
SB389,35,2420 459.20 (3p) "Practice of fitting and dealing in hearing aids instruments" means
21the measurement of human hearing by means of an audiometer or by any other
22means accepted by the examining board for the purpose of making selections,
23adaptations or sales of hearing aids instruments intended to compensate for
24impaired hearing, and includes making impressions for ear molds.
SB389, s. 114 25Section 114 . 459.22 (1) of the statutes is repealed.
SB389, s. 115
1Section 115. 459.22 (2) of the statutes is renumbered 459.22 and 459.22 (2)
2and (3), as renumbered, are amended to read:
SB389,36,53 459.22 (2) Authorize a speech-language pathologist licensed under this
4subchapter to dispense or sell hearing aids instruments without obtaining a hearing
5instrument specialist license under subch. I.
SB389,36,9 6(3) Require a hearing instrument specialist licensed under subch. I to be
7licensed as an audiologist under this subchapter to engage in the testing of hearing
8or in other practices or procedures solely for the purpose of fitting or selling hearing
9aids instruments.
SB389, s. 116 10Section 116 . 459.24 (1m) of the statutes is amended to read:
SB389,36,1311 459.24 (1m) Prohibited titles. No person may use the title "certified hearing
12aid audiologist" or, "certified hearing instrument audiologist", "licensed hearing aid
13audiologist" or "licensed hearing instrument audiologist".
SB389, s. 117 14Section 117. 459.24 (3m) of the statutes is amended to read:
SB389,36,1815 459.24 (3m) Fitting and sale of hearing aids instruments. An audiologist
16licensed under this subchapter or an individual granted a permit to practice
17audiology under this subchapter who engages in the practice of fitting and dealing
18in hearing aids instruments shall do all of the following:
SB389,36,2519 (a) Deliver to each person supplied with a hearing aid instrument a receipt.
20The receipt shall contain the signature and show the business address and certificate
21number of the licensee or permittee, together with specifications as to the make and
22model of the hearing aid instrument and full terms of sale clearly stated. If a hearing
23aid instrument that is not new is sold, the receipt and the container must be clearly
24marked as "used" or "reconditioned", whichever is applicable. The terms of the
25guarantee, if there is any given, shall be set out in not less than 8-point type.
SB389,37,3
1(b) Give to a purchaser of a hearing aid instrument a personal guarantee that
2is at least identical in its terms to the guarantee given by the manufacturer of the
3hearing aid instrument.
SB389, s. 118 4Section 118. 459.26 (2) (b) (intro.) of the statutes is amended to read:
SB389,37,85 459.26 (2) (b) (intro.) An applicant for an audiologist license shall also complete
6an examination administered by the examining board that consists of practical tests
7of proficiency in techniques that pertain to the fitting of hearing aids instruments,
8including the following:
SB389, s. 119 9Section 119. 459.26 (2) (b) 4. of the statutes is amended to read:
SB389,37,1110 459.26 (2) (b) 4. Recording and evaluation of audiograms and speech
11audiometry to determine proper selection and adaption of a hearing aid instrument.
SB389, s. 120 12Section 120. 459.34 (2) (ce) of the statutes is amended to read:
SB389,37,1513 459.34 (2) (ce) Violated any federal or state statute, rule or regulation that
14relates to the practice of fitting and dealing in hearing aids instruments. This
15paragraph does not apply to speech-language pathologists.
SB389, s. 121 16Section 121. 459.34 (2) (cm) of the statutes is amended to read:
SB389,37,1917 459.34 (2) (cm) Failed to conduct a direct observation of the ear canal of a
18purchaser of a hearing aid instrument. This paragraph does not apply to
19speech-language pathologists.
SB389, s. 122 20Section 122. 459.34 (2) (cs) of the statutes is amended to read:
SB389,37,2421 459.34 (2) (cs) Sold a hearing aid instrument to a person who was not given
22tests using appropriate procedures and instrumentation or without proper
23measurement of the functional intensity and range of the person's hearing. This
24paragraph does not apply to speech-language pathologists.
SB389, s. 123
1Section 123 . Subchapter III of chapter 459 [precedes 459.40] of the statutes
2is repealed.
SB389, s. 124 3Section 124 . 895.527 (6) of the statutes is amended to read:
SB389,38,94 895.527 (6) A city, village town or county may regulate the hours between
511:00 p.m. and 6:00 a.m. that an outdoor sport shooting range may operate, except
6that such a regulation may not apply to a law enforcement officer as defined in s.
7165.85 (2) (c), a member of the U.S. armed forces or a private security person as
8defined in s. 440.26 (1m) (h) 440.27 (1) who meets all of the requirements under s.
9167.31 (4) (a) 4.
SB389, s. 125 10Section 125. 940.34 (1) (b) of the statutes is amended to read:
SB389,38,1211 940.34 (1) (b) Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor
12and is subject to discipline under s. 440.26 (6) 440.35.
SB389, s. 126 13Section 126. 940.34 (2) (b) of the statutes is amended to read:
SB389,38,1814 940.34 (2) (b) Any person licensed as a private detective or granted a private
15security permit under s. 440.26 subch. II of ch. 440 who has reasonable grounds to
16believe that a crime is being committed or has been committed shall notify promptly
17an appropriate law enforcement agency of the facts which form the basis for this
18belief.
SB389, s. 127 19Section 127. 940.34 (2) (c) 1. of the statutes is amended to read:
SB389,38,2220 940.34 (2) (c) 1. In this paragraph, "unlicensed private security person" means
21a private security person, as defined in s. 440.26 (1m) (h) 440.27 (1), who is exempt
22from the permit and licensure requirements of s. 440.26 subch. II of ch. 440.
SB389, s. 128 23Section 128. 941.237 (1) (em) of the statutes is amended to read:
SB389,38,2524 941.237 (1) (em) "Private security person" has the meaning given in s. 440.26
25(1m) (h)
440.27 (1).
SB389, s. 129
1Section 129 . 941.237 (3) (cm) 1. of the statutes is amended to read:
SB389,39,32 941.237 (3) (cm) 1. The private security person is covered by a license or permit
3issued 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 4Section 130 . 968.27 (7) (b) of the statutes is amended to read:
SB389,39,65 968.27 (7) (b) A hearing aid instrument or similar device being used to correct
6subnormal 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 7Section 131. Initial applicability; regulation and licensing.
SB389,39,108 (1) Physician continuing education. The treatment of section 448.13 (1) (a) of
9the statutes first applies to applications that are submitted to renew licenses that
10expire on November 1, 1999.
SB389,39,1111 (End)
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