AB610: Bill Text

LRB-2853/2

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2007 - 2008 LEGISLATURE

2007 Assembly BILL 610

December 4, 2007 - Introduced by Representatives Newcomer, A. Ott, Zepnick, Sheridan, Townsend, Wasserman, Jorgensen, Bies, Kaufert and Mason, cosponsored by Senators Vinehout, Kedzie, Coggs, Lehman, Taylor, Kapanke and Olsen. Referred to Committee on Health and Healthcare Reform.

AB610,2,2 An Act to renumber 459.01 (1); to renumber and amend 459.24 (3) (d); to amend 15.405 (6m) (e), 29.193 (2) (a) 1., 29.324 (1) (a), 45.40 (2) (a), 77.54 (22) (b), 102.01 (2) (c), 149.14 (3) (k), 459.01 (2), (3) and (5), 459.02, 459.03 (title), 459.03 (1), 459.03 (2) (b), 459.035, 459.04, 459.05 (1m), 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3), 459.07 (2), 459.08 (1), 459.085, 459.095 (3), 459.10 (1) (d) and (e), 459.10 (1) (g), 459.10 (1) (i), (j), (k) and (p), 459.14 (2), 459.20 (2) (a) and (b), (3g) and (3p), 459.22 (2) (b), (c) and (f), 459.24 (1) (a), 459.24 (1) (b), 459.24 (1m), 459.24 (3) (e), 459.24 (3) (f), 459.24 (3m), 459.24 (6) (b), 459.26 (2) (a), 459.26 (2) (b) (intro.) and 4., 459.34 (2) (ce), (cm) and (cs), 459.34 (2) (d) and 968.27 (7) (b); and to create 459.01 (1d), 459.10 (1) (q), (r), (s) and (t), 459.24 (3) (d) 2. and 3., 459.34 (2) (i), 459.34 (2) (j) and 459.34 (2) (k) of the statutes; relating to: replacing the term hearing aid with hearing instrument, creating new grounds for discipline of hearing instrument specialists, audiologists, and speech-language pathologists, changing the definition of audiology, and changing licensing requirements for audiologists, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes the following changes to the regulation of speech-language pathologists and audiologists.

Prohibited conduct.

1. Deceptive advertising. Under current law, the Hearing and Speech Examining Board in the Department of Regulation and Licensing (board) may reprimand the holder of a license or permit issued by the board or revoke, suspend, limit, or deny a license or permit if the holder or applicant engages in certain prohibited conduct, including false, misleading, or deceptive advertising. The bill prohibits deceptive advertising instead of false, misleading, or deceptive advertising. In addition, the bill creates a definition for "deceptive advertising" which includes creating or using promotional literature, testimonials, insignia, or other representation which is misleading, false, or untruthful.

2. Misrepresentation. The bill prohibits the holder of a license or permit from intentionally or negligently representing that the services or advice of a physician or audiologist will be used in connection with the fitting, sale, or maintenance of a hearing instrument when the service or advice will not be used. The bill prohibits the holder of a license or permit from making an intentional or negligent representation regarding a hearing instrument or services. The bill also prohibits the holder of a license or permit from misusing words that imply the involvement of the medical or audiology professions when there is no such involvement. Finally, the bill prohibits a hearing instrument specialist from intentionally or negligently misrepresenting the cause of a hearing impairment, or the cure of a hearing impairment by the use of a hearing instrument.

3. Use of titles. Under current law, no person may use the titles "certified hearing aid audiologist" or "licensed hearing aid audiologist." The bill also prohibits any person from using any of the following titles: "certified hearing instrument audiologist," "licensed hearing instrument audiologist," or "audioprosthologist."

Audiologist license. Under current law, a person seeking an audiologist license must have received a master's degree in audiology or completed education or training that the board determines is substantially equivalent. The person must also complete a postgraduate clinical fellowship in audiology approved by the board or substantially equivalent education or training. The person must also pass an examination required for certification by the American Speech-Language-Hearing Association or a substantially equivalent exam, as well as practical techniques tests administered by the board.

The bill changes the requirements for audiologist licensure effective January 1, 2009. Beginning on that date, to obtain an audiologist license a person must do all of the following:

1. Either possess a doctoral degree in audiology or submit evidence of substantially equivalent education or training. The doctoral degree program must consist of not less than three years of educational course work and not less than 12 months of clinical rotation or externship.

2. Pass an exam selected or approved by the board as well as practical techniques tests administered by the board. The bill requires the board to select and approve examinations for audiology by rule.

Temporary license to practice audiology. Under current law, the board may grant a temporary license to practice audiology to a person who is completing a postgraduate fellowship if the person practices under the supervision of a licensed audiologist and satisfies other requirements. The bill eliminates temporary licensure for audiologists effective January 1, 2009.

Other changes.

Current law defines audiology as applying principles, methods, or procedures of prevention, identification, evaluation, consultation, intervention, instruction, or research related to hearing, vestibuar function, or any abnormal condition related to tinnitus, auditory sensitivity, acuity, function or processing, speech, language, or other aberrant behavior resulting from hearing loss. The bill amends the definition to include assessment, measurement, interpretation, treatment, conservation, management, and counseling to the principles, methods, or procedures applied by an audiologist. The bill also requires that these activities be undertaken for the purpose of diagnosing abnormal conditions and designing and implementing a plan for the treatment, management, or amelioration of the abnormal condition.

The bill also eliminates all statutory references to "hearing aid" and substitutes the term "hearing instrument."

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:

AB610, s. 1 Section 1. 15.405 (6m) (e) of the statutes is amended to read:

AB610,3,3 15.405 (6m) (e) Two public members. One of the public members shall be a hearing aid instrument user.

AB610, s. 2 Section 2. 29.193 (2) (a) 1. of the statutes is amended to read:

AB610,3,7 29.193 (2) (a) 1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

AB610, s. 3 Section 3. 29.324 (1) (a) of the statutes is amended to read:

AB610,4,3 29.324 (1) (a) "Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

AB610, s. 4 Section 4. 45.40 (2) (a) of the statutes is amended to read:

AB610,4,7 45.40 (2) Health care. (a) The department may provide health care aid to a veteran for dental care, including dentures; vision care, including eyeglass frames and lenses; and hearing care, including hearing aids instruments.

AB610, s. 5 Section 5. 77.54 (22) (b) of the statutes is amended to read:

AB610,4,11 77.54 (22) (b) Artificial limbs, artificial eyes, hearing aids instruments and other equipment worn as a correction or substitute for any functioning portion of the body.

AB610, s. 6 Section 6. 102.01 (2) (c) of the statutes is amended to read:

AB610,4,18 102.01 (2) (c) "Injury" means mental or physical harm to an employee caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids instruments and eyeglasses, but, in the case of hearing aids instruments or eyeglasses, only if such damage or destruction resulted from accident which also caused personal injury entitling the employee to compensation therefor either for disability or treatment.

AB610, s. 7 Section 7. 149.14 (3) (k) of the statutes is amended to read:

AB610,4,22 149.14 (3) (k) Rental or purchase, as appropriate, of durable medical equipment or disposable medical supplies, other than eyeglasses and hearing aids instruments.

AB610, s. 8 Section 8. 459.01 (1) of the statutes is renumbered 459.01 (1m).

AB610, s. 9 Section 9. 459.01 (1d) of the statutes is created to read:

AB610,5,4 459.01 (1d) "Deceptive advertising" means creating, using, or promoting the use of any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, false, or untruthful.

AB610, s. 10 Section 10. 459.01 (2), (3) and (5) of the statutes are amended to read:

AB610,5,9 459.01 (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.

AB610,5,12 (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.

AB610,5,17 (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.

AB610, s. 11 Section 11. 459.02 of the statutes is amended to read:

AB610,6,3 459.02 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.

AB610,6,11 (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 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.

AB610, s. 12 Section 12. 459.03 (title) of the statutes is amended to read:

AB610,6,14 459.03 (title) Receipt required to be furnished to a person supplied with hearing aid instrument.

AB610, s. 13 Section 13. 459.03 (1) of the statutes is amended to read:

AB610,6,23 459.03 (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 license title and 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.

AB610, s. 14 Section 14. 459.03 (2) (b) of the statutes is amended to read:

AB610,7,7 459.03 (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 or audiology in this state and therefore must not be regarded as medical or audiological opinion or advice.

AB610, s. 15 Section 15. 459.035 of the statutes is amended to read:

AB610,7,13 459.035 Medical exam before being fitted. A hearing aid instrument shall not be fitted for or sold to a person 17 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.

AB610, s. 16 Section 16. 459.04 of the statutes is amended to read:

AB610,7,17 459.04 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.

AB610, s. 17 Section 17. 459.05 (1m) of the statutes is amended to read:

AB610,8,5 459.05 (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 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.

AB610, s. 18 Section 18. 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3) of the statutes are amended to read:

AB610,8,9 459.06 (2) (a) (intro.) Tests of knowledge in the following areas as they pertain to the fitting of hearing aids instruments:

AB610,8,10 3. The function of hearing aids instruments.