2023 - 2024 LEGISLATURE
September 8, 2023 - Introduced by Senator Cabral-Guevara, cosponsored by
Representatives Rozar, S. Johnson, Behnke, Brandtjen, Clancy, Gustafson,
Madison, Moses, O'Connor, Schmidt, Tusler, VanderMeer and Wichgers.
Referred to Committee on Health.
SB419,1,4 1An Act to amend 459.01 (5) and 459.10 (1) (intro.); and to create 459.01 (1b)
2and 459.115 of the statutes; relating to: practice of fitting and dealing in
3hearing aids, certification of hearing instrument specialists to engage in
4cerumen management, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, no person may engage in the practice of fitting and dealing
in hearing aids unless he or she is licensed as an audiologist or as a hearing
instrument specialist, with certain exceptions. The practice of fitting and dealing in
hearing aids is defined to mean the measurement of human hearing by means of an
audiometer or by any other means accepted by the Hearing and Speech Examining
Board solely for the purpose of making selections, adaptations, or sales of hearing
aids intended to compensate for impaired hearing. This bill amends the definition
of the practice of fitting and dealing in hearing aids to apply only to the selections,
adaptations, or sales of prescription hearing aids.
Further, this bill requires the Hearing and Speech Examining Board to issue
certificates to hearing instrument specialists to engage in cerumen management.
Cerumen is a wax-like secretion from glands in the external auditory canal. Under
current law, hearing instrument specialists may not engage in cerumen
management, unlike audiologists who may engage in cerumen management. To be
certified to engage in cerumen management under the bill, a hearing instrument
specialist must complete a course on cerumen management identified by the Hearing
and Speech Examining Board. In identifying cerumen management courses, the

completion of which qualifies a hearing instrument specialist to engage in cerumen
management, the bill directs the Hearing and Speech Examining Board to select
cerumen management courses that consist of at least six hours of instruction in
removing cerumen from an ear canal using a variety of safe techniques and that
includes a final examination on proper cerumen management procedures. Finally,
the bill directs the Hearing and Speech Examining Board to promulgate rules to
implement the cerumen management certification, including rules to define the
scope of cerumen management and to establish proper infection control practices.
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:
SB419,1 1Section 1. 459.01 (1b) of the statutes is created to read:
SB419,2,32 459.01 (1b) “Cerumen” means a wax-like secretion from glands in the external
3auditory canal.
SB419,2 4Section 2. 459.01 (5) of the statutes is amended to read:
SB419,2,125 459.01 (5) “Practice of fitting and dealing in hearing aids" means the
6measurement of human hearing by means of an audiometer or by any other means
7accepted by the examining board solely for the purpose of making selections,
8adaptations, or sales of prescription hearing aids intended to compensate for
9impaired hearing. This term also includes making impressions for ear molds and
10includes cerumen management in the course of examining ears, taking ear
11impressions, or fitting prescription hearing aids by an individual who holds a
12certificate to engage in cerumen management under s. 459.115
.
SB419,3 13Section 3. 459.10 (1) (intro.) of the statutes is amended to read:
SB419,3,214 459.10 (1) (intro.) Subject to subch. II of ch. 111 and the rules adopted under
15s. 440.03 (1), the examining board may reprimand the licensee or permit holder or
16revoke, suspend, limit or deny the trainee permit or , license, or certificate to engage

1in cerumen management under s. 459.115,
or any combination thereof, of any person
2who has done any of the following:
SB419,4 3Section 4. 459.115 of the statutes is created to read:
SB419,3,7 4459.115 Cerumen management. (1) The examining board shall issue a
5certificate to engage in cerumen management to a person licensed under this
6subchapter who completes a course on cerumen management identified by the
7department under sub. (3).
SB419,3,9 8(2) No person licensed under this subchapter may engage in cerumen
9management unless he or she holds a valid certificate issued under sub. (1).
SB419,3,15 10(3) The examining board shall identify cerumen management courses for
11which completion qualifies a person licensed under this subchapter for a certificate
12under sub. (1). In identifying cerumen management courses, the examining board
13shall select cerumen management courses that consist of at least 6 hours of
14instruction in removing cerumen from an ear canal using a variety of safe techniques
15and that includes a final examination on proper cerumen management procedures.
SB419,3,17 16(4) The examining board shall promulgate rules necessary to administer this
17section, including rules for all of the following:
SB419,3,1818 (a) Defining the scope of cerumen management.
SB419,3,2119 (b) Establishing contraindications for which a person licensed under this
20subchapter shall refer a patient to an otolaryngologist or a physician for cerumen
21management.
SB419,3,2222 (c) Establishing proper infection control practices.
SB419,3,24 23(5) A certificate issued under this section is permanent unless revoked and is
24not subject to periodic renewal.
SB419,4,4
1(6) Every person licensed under this subchapter who is certified to engage in
2cerumen management shall annually submit to the examining board evidence
3satisfactory to the examining board that he or she has in effect malpractice liability
4coverage in the minimum amounts required by the examining board by rule.
SB419,4,55 (End)
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